General Terms and Conditions of Business and Carriage of TUIfly Vermarktungs GmbH for the Sale of Flight Services through the TUIfly.com Website (hereinafter referred to as "General Terms and Conditions of Carriage" / GTCC)
These GTCC govern the conditions which apply to flight bookings through TUIfly.com. The contracting party for all flight services booked through the TUIfly.com website and handled by TUIfly Vermarktungs GmbH (hereinafter referred to as TUIfly.com) or by another airline, is TUIfly.com. For flights with an X3 flight number, TUIfly.com is the actual carrier. For flights handled by another airline, TUIfly.com is the contracting carrier. The name of the actual carrier is disclosed to the user on the website.
In addition to these GTCC, the Special Terms and Conditions of Carriage of TUIfly.com for the actual carrier company in each case also apply.
TUIfly.com can be contacted at the following address:
TUIfly Vermarktungs GmbH
In the following provisions, reference is frequently made to the TUIfly Service Centre. The Service Centre is open from 7.30 to 22.30 (monday to friday) and 8.30 to 21.00 (saturday, sunday and public holiday) Central European Time; the following telephone rates apply:
- In Germany:
0180 6000 120 (0.20 € per call from the German landline telephone network; maximum mobile rate of 0.60 € per call.)
- In Austria:
0900 190 150 (0.53 €/minute)
- In Switzerland
0900 190 150 (0.64 CHF/minute)
- In Italy: 899 03 20 31 (0.63 €/minute, mobile phone rates are different)
- In Spain: 902 012 512 (0.09 €/minute)
- In the United Kingdom: 0904 561 0000 (0.41 GBP/minute)
- Others*: 0049 180 5 42 41 40 (0.14 €/min. from a landline telephone network, 0.42 €/min. in mobile phone networks plus international service provider fees)
* This number cannot be used for calls from Germany, Austria, England, Italy, Switzerland or Spain.
The contract comes into force on registration (submission of an offer) and receipt of confirmation of booking in writing via e-mail (acceptance of the offer). The correct first and surname of the passenger(s), corresponding to the data in an official photo identification document or substitute document, must be stated in the course of the booking process. If an actual passenger is stated after the booking process, Article 7.2 (b) shall apply.
Subject of the contract is the provision of the carriage service confirmed in the booking by the actual carrier.
TUIfly.com and the actual carrier shall be entitled to assign performance of carriage by air in full or in part to third parties/agents employed in performance of their obligations. In that case, TUIfly.com and the actual carrier shall employ only airlines which comply with the safety standard of the actual carrier and subject to the approval of the German aviation authority or the competent European civil aviation authority. TUIfly.com shall inform the passenger of the identity of the actual carrier as soon as this has been established.
The actual carrier is entitled to change the deployed aircraft or the flight number at any time.
Carriage with the actual carrier is restricted to the booked direct flight and does not cover any connecting flights. The passenger has sole responsibility for reaching departures, connections, including connecting flights and feeder services to/from the airport. Neither TUIfly.com nor the actual carrier are liable in that respect and explicitly rule out such liability. If the passenger combines various individual flights which can be booked through the TUIfly.com website, this is done at the passenger's own risk, unless the booking was made for a connecting flight fare offered for the flight by TUIfly.com.
The services and prices confirmed at booking shall apply. The terms of booking and payment are derived from the applicable fare regulations as stated at booking. The confirmed airfare includes the price of air carriage and all applicable taxes, airport charges and other charges, surcharges and fees that were unavoidable and predictable at the time of booking, each of which will be itemized separately.
5.2 Subsequent fare increases
(a) TUIfly.com reserves the right to subsequently increase the airfare agreed in the contract of carriage if the period between the contract being entered into and the agreed date of air travel exceeds four (4) months and the circumstances leading to the increase have not yet occurred before formation of contract and could not have been predicted by TUIfly.com at formation of contract and are unavoidable. An increase in fare is permitted subsequent to the conclusion of the contract in the event that there is a change in fuel prices, a change or implementation of fees specifically related to aviation (taxes, duty, premiums, special duties or fees specifically related to aviation for certain services), charges or emissions certificate costs specifically related to aviation, as long as the airline passenger is duly informed about this and at the latest 21 days before departure. If a price increase amounts to more than 5% of the base fare for air carriage (exclusive of taxes, charges and fees), the passenger is entitled to withdraw, without charge, from the contract of carriage.
(b) Adjustment charges will be made in the event of an increase (on a per-seat basis) in the costs, fees and charges stated above in Subsection (a), in that this additional amount will be passed on to the passenger. In other cases, the additional costs will be divided by the number of seats on the aircraft. TUIfly.com will additionally charge to passengers the resulting amount for individual seats on a pro-rata basis.
(a) Full payment is due immediately on formation of the contract of carriage. Payment by instalments is not accepted. In certain countries, governmental or airport authorities may levy entry or visa charges directly from the passenger which are not included in the airfare and are thus separately payable by the passenger.
(b) All payments are to be made either using a credit card accepted by the airline or by direct debit through a German bank account to be named by the passenger. For payments by credit or debit card, TUIfly.com charges a fee of EUR 7 (CHF 10/CZK 190/GBP 6/SEK 70/USD 10) on international flights and EUR 8.33 on domestic German flights per person. Payment by electronic debit is only possible if there are at least 6 days between the day of booking and the day of departure.
(c) If a credit card institute or a bank refuses to honour the payment required under the contract, TUIfly shall levy passengers with an administration charge of EUR 5.50 (GBP 4/USD 9/CHF 7/CZK 140/SEK 50) per passenger, in addition to any charges made by the credit card institute or the bank. In the event of a charge back (i.e. if the amount collected by TUIfly from the passenger’s bank or the credit card company is charged back in full or in part or is otherwise claimed), a charge back fee of EUR 10 (CHF 12/CZK 210/GBP 8/SEK 90/USD 16) per booking is due and payable if the passenger is unable to demonstrate that TUIfly incurred no (or lesser) damage/loss.
(d) Incoming payments shall first be offset against the oldest debt. Payment which is not sufficient to cover the entire debt will first be offset against the interest and finally against the principal debt.
(e) If the airfare has still not been paid after the issuing of a reminder and the setting of a deadline for payment, TUIfly shall withdraw from the contract of carriage and cancel the booking, subject to the agreed administration charge as set out in Section 6. TUIfly may refuse to set a payment deadline if the imminence of the departure date makes it unfeasible to stipulate a period for payment prior to departure. In the event of this, TUIfly may withdraw from the contract of carriage and refuse travel.
(a) Bookings are valid only for the booked flight and for the person named in the booking. If the name on identification documents presented at the airport differs from that in the booking, documentation issued by the competent authority certifying a change of name between the time of booking and departure must be presented.
(b) No tickets are issued for bookings made using the Internet, by telephone or via a travel agent. A booking number will be given, which must be presented at the check-in desk together with valid identification documents (i.e. identity card or passport). The full name (i.e. first and second names) given at booking must match that on the identification documents.
If the booking number and official picture identification is presented at the airport desk by someone other than the person entitled to carriage or a refund, TUIfly.com shall have no liability towards the entitled person if carriage or a refund was provided in good faith.
(a) For rebooking and cancellation and for naming a replacement passenger for flights carried out by TUIfly airlines, the processing fees listed in section 7 apply.
(b) The ‘connecting-flight rate’ (i.e. a special rate for flights with a change of aircraft) allows several consecutive flight legs on routes served by TUIfly.com to be booked directly in a single booking. This enables passengers to also reach destinations that are served by TUIfly.com but to which no direct flights are available from the place of departure. Flights subject to this rate can be booked only when this rate is made available for the desired route by the TUIfly.com booking system. If passengers wish to combine other flight legs, they can do this by booking each leg of their journey separately. In the event of this, the general provisions covering flight bookings shall apply.
Unless expressly specified to the contrary, the provisions of these Terms and Conditions of Carriage shall also apply to flights subject to the ‘connecting-flight rate’.
Unless explicitly otherwise stated, the provisions of these GTCC and the Special Terms and Conditions of Carriage which apply to the airline concerned also apply to flights booked for a connecting flight fare.
Booking amendments/passenger substitution/cancellation and passenger no-show
7.1 Change in booking
(a) A booking is deemed to have been changed when, at the customer’s request, the flight date, the flight number, the flight destination, or the airport of the departing or return flight, are changed before the passenger has boarded the flight (outward or return flight). A change in the booking is possible up to a period of two (2) hours before the agreed departure time, subject to availability and incurs additional costs, as stated under 7.2 (b).
(b) All payments must be made, either with a credit card accepted by TUIfly.com, or by direct debit from a German bank account to be stated by the passenger. For payments by credit or debit card, TUIfly.com charges a fee of EUR 7 (CHF 10/CZK 190/GBP 6/SEK 70/USD 10) on international flights and EUR 8.33 on domestic German flights per person. Passengers may only pay by direct debit if there are at least six days between the day of booking and the day of departure.
(c) Changes in booking can be made online or by calling the TUIfly.com Service Centre (for contact information and costs see article 2). A change in booking to a later flight is – subject to official authorisations at the destination – only possible if the flight is dated a maximum of six (6) months after the outward flight originally booked.
(d) A change in booking from a domestic to an international flight and vice versa is not possible.
(e) Changing a flight to a flight with another airline, on the same route or on another route, is not possible.
(f) When a flight is booked with Germanwings, the flight destination or the departure or return airport cannot be changed in a rebooking. Rebooking is possible up to two (2) hours before the scheduled departure time. If a rebooking is carried out, a fee will be charged in the amount of EUR 35 for international routes or EUR 41.65 for domestic routes per person and route. In addition, any difference between the existing fare and the current fare, if greater, must be paid.
(g) Special conditions apply to changes in bookings for flights with the airline SunExpress depending on the fare category. If the flight has been booked for a promotion fare (special offer), no change in booking is possible at any time. If the flight has been booked for the basic fare, the booking can be changed up to 24 hours before departure subject to the charges stated under 7.2 (b).
(h) Rebooking flights booked with Pegasus is subject to certain conditions, depending on the fare booked. When a Promotion fare is booked, it can be rebooked up to 72 hours before departure for a processing fee of EUR 33 per route and person. Between 72 and 24 hours before departure, it can be rebooked for a processing fee of EUR 55 per route and person. Rebooking is not possible when there are less than 24 hours before departure. When a Flex fare is booked, it can be rebooked up to 72 hours before departure for a processing fee of EUR 33 per route and person. Between 72 and 24 hours before departure, it can be rebooked for a processing fee of EUR 55 per route and person. In addition, any difference between the existing fare and the current fare, if greater, must be paid. If the fare for the selected alternative flight is lower, no refund will be made. When a flight is booked at a promotional fare (special fare), it cannot be rebooked under any circumstances.
(i) Rebooking flights booked with Condor is subject to certain conditions, depending on the fare booked. Rebooking is only possible within the same season (summer season May 1 - October 31 / winter season November 1 - April 30 within the same year) and subject to retention of the original route type (short-, medium- or long-haul route). For rebooking, a processing fee in the amount of EUR 33 person and route applies for short and mid-length routes and EUR 60 per person and route for longer routes. Furthermore, the price difference to the current and eventually higher fare is due.
(j) Rebooking flights booked with Air Berlin Group (Air Berlin PLC & Co. Luftverkehrs KG, NIKI Luftfahrt GmbH, LTU Lufttransport-Unternehmen GmbH, Luftfahrtgesellschaft Walter mbH und Belair Airlines AG) is subject to certain conditions, depending on the fare booked. Rebooking is possible up to two (2) hours before the scheduled departure time. If a rebooking is carried out, a fee will be charged in the amount of EUR 50 for short and mid-length routes or EUR 100 for longer routes per person and route. In addition, any difference between the existing fare and the current fare, if greater, must be paid.
(k) When a flight is booked with Lufthansa, neither the destination nor the departure or arrival airport may be changed in a rebooking.
Rebooking flights is subject to certain conditions, depending on the fare booked. For a fare that may be rebooked, the rebooking is possible in the period up to two (2) hours before the scheduled departure with payment of the fees listed in the fare conditions. This fee is charged per passenger. The actual prices and conditions can be found with the respective offers and on your confirmation. In addition, any difference between the existing fare and the current fare, if greater, must be paid. If the fare for the selected alternative flight is lower, no refund will be made.
(a) The person booking can, up to a period of two (2) hours before the agreed departure time of the flight, nominate someone to take his or her place. If an outbound and an inbound flight were booked together, a replacement person cannot be designated for just one of the routes booked. Changes in booking can be made online or by calling the TUIfly.com Service Centre (for contact information and costs see article 2). The person booking and the substitute are jointly and severally liable. TUIfly.com can refuse to accept the change of passenger if such person does not comply with the special requirements as regards the flight, or if it contravenes statutory requirements or official regulations by the authorities.
(b) If there is a change in booking or name, a processing fee will be charged in the amount of EUR 33 (CHF 50/CZK 870/GBP 29/SEK 340/USD 46) for international short-haul and medium-haul flights, EUR 60 (CHF 88/CZK 1,570/GBP 53/SEK 620/USD 84) for international long-haul flights and EUR 39.27 per person and route for domestic routes. The difference between the current, possibly higher tariff, must also be paid. No refund is possible if the substitute, or the flight chosen instead, incurs a lower tariff. If a rebooking and a name change are performed at the same time, the fee is doubled; it is charged once for rebooking and once for the name change.
(c) When a flight is booked with SunExpress, a replacement passenger can be named in the period up until 24 hours before departure; the additional costs listed in 7.2 (d) apply. If the flight has been booked for a promotion fare (special offer), it is not possible to name a substitute passenger at any time.
(d) When a flight is booked with Pegasus, a replacement passenger cannot be named (a name change cannot be made). If a flight is booked with Pegasus in conjunction with another airline as a round trip flight, a replacement passenger cannot be named (a name change cannot be made) at any time for any flight in the round trip booking.
(e) The person booking a flight with Condor can, up to 24 hours prior to the departure of the first flight, nominate another person to take his or her place. For naming a replacement passenger, a processing fee in the amount of EUR 33 person and route applies for short and mid-length routes and EUR 60 per person and route for longer routes.
(f) When a flight is booked with Air Berlin Group (Air Berlin PLC & Co. Luftverkehrs KG, NIKI Luftfahrt GmbH, LTU Lufttransport-Unternehmen GmbH, Luftfahrtgesellschaft Walter mbH und Belair Airlines AG), a replacement passenger can only be named within two (2) hours before departure on the first leg in the flight. If a replacement passenger is named, a fee will be charged in the amount of EUR 50 for short and mid-length routes or EUR 100 for longer routes per person and route. In addition, any difference between the existing fare and the current fare, if greater, must be paid.
(g) When a flight is booked with Germanwings, a replacement passenger can only be named up to two (2) hours before departure on the first leg in the flight. If a replacement passenger is named, a fee will be charged in the amount of EUR 35 for international routes or EUR 41.65 for domestic routes per person and route. In addition, any difference between the existing fare and the current fare, if greater, must be paid.
(h) When a flight is booked with Lufthansa airlines, a replacement passenger cannot be named at any time.
(i) When a flight is booked with Turkish Airlines, a replacement passenger cannot be named at any time.
7.3 Cancellation and passenger no-show
(a) If a booking for a flight or another service is cancelled, the TUIfly.com Service Centre (see Section 2 for contact details and costs) must be notified without delay prior to departure, quoting the booking number.
(b) Where flight bookings made at the SMILE rate are cancelled, the price for air carriage contained in the airfare will not be refunded. Based on the administrative overhead involved with a cancellation, TUIfly.com charges the passenger an additional processing fee in the amount of EUR 15 (CHF 21/CZK 370/GBP 13/SEK 140/USD 21) per cancelled flight and person. The Ticket Service Charge will not be refunded. If the amount already withheld is less than EUR 12 (CHF 17/CZK 297/GBP 10/SEK 112/USD 16) per person, per flight, then the taxes, airport charges and other charges, surcharges and fees shall be withheld on a pro-rata basis or the passenger may be required to subsequently pay the difference between this amount and that already paid. The passenger is at liberty to prove that TUIfly.com in fact has a much lesser entitlement to reimbursement of costs or payment.
(c) TUIfly reserves the right to refuse carriage, and the provisions in Subsection (b) shall be applied accordingly, if the passenger fails to appear at the check-in desk, presenting all required travel documents, in sufficient time for them to be checked in and in possession of a boarding pass no later than 45 minutes prior to the scheduled departure time (60 minutes before the scheduled departure time for flights from Tel Aviv and Algiers) .
(d) For Lufthansa flights, cancellations and refunds due to absence at the time of departure are subject to the respective fare regulations. Refunds depend on the fare booked.
If a refund is permitted, depending on the fare booked, a corresponding fee may be charged. This fee is charged per passenger.
Taxes and fees may be refunded if none of the flights listed on the ticket was taken. The fuel and security surcharge is not refunded for tickets that do not permit the flight price to be refunded.
On many flights, up to 48 hours before the planned departure a seat can be reserved in return for a payment of a non-refundable fee. The seat can be reserved online during the booking or by calling the TUIfly.com service center (for contact information and fees, see section 2). The processing fee applies to the flight route booked and is charged per person and per route.
Greece, Portugal (mainland),
Spain (mainland and balearic islands),
Turkey, Bulgaria, Tunisia, Malta, Cyprus EUR 12.00
Egypt, Morocco, Canary Islands, Funchal,
Cap Verde Islands EUR 15.00
Standard price for any other destinations
(not listed above) EUR 15.00
For an XL seat in the emergency exit row, TUIfly.com charges a non-refundable processing fee that is calculated based on the flight route booked. The fee is charged per person and per route:
Destination XL seat
Greece, Portugal (mainland),
Spain (mainland and balearic islands),
Turkey, Bulgaria, Tunisia, Malta, Cyprus EUR 20.00
Egypt, Morocco EUR 25.00
Canary Islands, Funchal EUR 30.00
Cap Verde Islands EUR 35.00
XL seats cannot be booked on all routes or on all aircraft.
Due to the regulating agency's security restrictions, the following persons may not sit in the emergency exit rows:
• Infants and children (up to and including those 11 years of age)
• Persons who bring pets/animals with them in the cabin
• Expectant mothers
• Persons who are physically or mentally handicapped
• Persons who have limited mobility due to body size, illness or age
In addition, an extension belt may not be used in the emergency exit rows.
With this reservation in the emergency exit row you assure us that these criteria do not apply to you or to the persons you are booking for this flight. Should these criteria nevertheless apply, the airline is entitled to assign another seat to the person(s) affected without refunding the respective processing fee. In questionable cases, the decision of the cabin crew is final.
On many TUIfly flights, "Premium Economy" seats can be booked until 48 hours before the scheduled departure. A processing fee will be charged. Premium Economy applies for flights from/to Germany and Basel. On flights with layovers, service is offered only on the longer section of the route.
If Premium Economy service is cancelled, the following fees apply.
For cancellations made up to four weeks before departure, 50% of the processing fee is charged. For cancellations made between four weeks and two days before departure, 75% of the processing fee is charged. For cancellations made within two days of departure, the processing fee cannot be refunded.
If a flight is rebooked up to four weeks before departure, the fee charged for rebooking Premium Economy service is 25% of the processing fee. If a flight is rebooked between four weeks and two days before departure, 75% of the processing fee is charged.
In addition, the respective difference between the original and the current processing fee for Premium Economy service must be paid if the current fee is higher. A refund cannot be made if the processing fee for Premium Economy service is lower for alternative flight selected.
Within two days of departure, Premium Economy service can no longer be rebooked.
Rebookings or cancellations of Premium economy service can only be made by calling the TUIfly.com Service Centre (for contact information and costs see article 2).
For organizational reasons, the "Premium Economy“ service cannot be booked in connection with the carriage of an animal in the cabin (PETC) or an infant (up to 2 years of age) without a specific seat for the infant.
9. Booking and registration for children and adolescents
(a) Infants (up to 2 years of age, e.g. until their 3rd birthday) can fly at a reduced infant fare of EUR 15 per route on international short and mid-length flights (CHF 22/CZK 400/GBP 12/ SEK 160/USD 24), EUR 50 on longer international flights (CHF 74/CZK 1,310/GBP 44/SEK 510/USD 70) and EUR 17.85 on domestic German routes under the following conditions:
Transportation of infants requires pre-registration. The age at the time the flight is boarded applies; for round trip flights, the age when boarding the return flight applies.
Each adult may accompany only one (1) infant. Transportation of an infant (up to 2 years of age) in a child seat requires that a seat be booked.
(b) When a flight is booked with Oman Air or Air Mauritius, the infant fare (between EUR 122 and EUR169) differs from the fare listed in 9.1(a) and depends on the route booked.
(c) When a flight is booked with Pegasus, the infant fare is EUR 20 per route on international short and mid-length flights, which differs from the fare listed in 9.1(a).
(d) When a flight is booked with SunExpress (SunExpress Aviation Inc. and/or SunExpress Deutschland GmbH) the infant fare is EUR 15.99 per route on international short and mid-length flights, which differs from the fare listed in 9.1(a).
(e) When a flight is booked with Condor, the infant fare differs from the fare listed in 9.1(a) and depends on the current, valid fare for adults on the booked flight. For children under the age of 2 a reduction of 90% on the currently valid fare for an adult is granted.
(f) When booking a flight with Lufthansa, on international routes the infant fare (up to 2 years of age) is generally 10% of the applicable, available flight price for adults, plus taxes and fees, if applicable. However, there is no assigned seat. On domestic German routes Lufthansa does not charge a fare for infants. There are also no assigned seats for infants.
(a) Children between the ages of 2 and 12 receive a 25% discount on the one-way flight price as booked, plus taxes and fees (does not apply for flights with TRANSAVIA). The age at the time the flight is boarded applies; for round trip flights, the age when boarding the return flight applies.
(b) When a flight is booked with Pegasus, children between the ages of 2 and 12 receive a 20% discount on the one-way flight price as booked, plus taxes and fees. "Promotion fares” are excluded; there are no child discounts for these bookings.
(c) When booking a flight with Lufthansa, the flight price for children age 2 and older up to 12 years of age is generally discounted and is based on the rules governing the applicable fare.
(d) When a flight is booked with Germanwings, children from age 2 to 11 and infants up to 2 years old travelling in their own booked seat in a child seat receive a discount of 20% of the regular price of the flight.
(e) When a flight is booked with Turkish Airlines, children from age 2 to 11 and infants up to 2 years old travelling in their own booked seat in a child seat receive no discount of the regular price of the flight.
Some airlines offer passengers the option of checking in the evening before the flight at some German airports. Passengers who have booked flights operated by TUIfly.com – at certain departure airports – can also use the Web-Check-In option at http://www.tuifly.com/ as from 30 hours before the scheduled departure time.
Passengers are recommended to arrive at the check-in desk at least two (2) hours before the booked departure time (unless a longer period is required for a particular reason).
Passengers must appear at the check-in desk in good time so that they are checked-in and in possession of a boarding pass no later than 45 minutes prior to the scheduled time of departure. If a passenger does not meet the check-in deadline indicated, TUIfly reserves the right to deny carriage and the passenger remains obliged to pay the fare. The above also applies to passengers who check in online if they fail to arrive – in possession of their online boarding pass and permitted hand baggage – at the boarding gate by the time indicated on this boarding pass.
When checking in, the booking number and a valid photo ID (i.e. passport or identity card) are required. Passengers are recommended to present their booking confirmation. For children and adolescents, a valid ID must be presented. For international flights a valid passport or ID must be carried, along with any visa or additional documents required by the country of destination. This also applies to children and adolescents. TUIfly will refuse check-in to passengers without these documents. Passengers shall be responsible for carrying with them all documents necessary for travelling to and from the country of destination. Passengers who check in online must also carry all of the above documents, and are required to present their printed online boarding pass in good time for boarding.
Passengers are obliged to ensure that the name stated on the ticket is identical with the surname stated in the passenger's ID card or passport. The passenger may otherwise be refused carriage.
If the names are not identical, some authorities – especially in the case of return flights from abroad – do not permit the passenger to leave the country. In such cases, TUIfly.com and/or the actual carrier are not liable for return carriage, unless TUIfly and/or the actual carrier is responsible for the divergence between the names.
Passengers are themselves responsible for obtaining, and presenting at check-in, the necessary travel documents, visas and doctor's certificates, certificates of vaccination and the like which are required – for themselves, or for children or animals travelling with them – under the passport, visa and health regulations of the countries in question. In particular, TUIfly would like to draw passengers’ attention to visa requirements for foreign nationals.
Passengers are responsible for ensuring that they have with them all the required documents for their flight; this also applies to infants (for whom there must be an entry in the passport or ID of the parent or legal guardian). Certain countries require children or adolescents under the age of 18 to present an authorization form completed by their parent or legal guardian. TUIfly may deny boarding to passengers who do not meet these requirements.
As the carrier, TUIfly is obliged by law to refuse carriage if the entry and exit requirements for the country of departure or destination are not met, or if the required documentation/certification is not presented.
In accordance with the “Special regulations for specific types of flight in commercial non-scheduled services to destinations outside the European Economic Area” (e.g. Tunisia, Egypt, Morocco and Croatia), carriage may take place only in connection with a package deal, and the following must be clearly printed on the ticket: “Valid only as part of a package deal”. The following must also be stated on the flight documents: name of tour operator, name of passenger, name of air carrier, and dates of outward and return flights. If this is not the case, the passenger is entitled neither to travel nor to reimbursement of the airfare.
TUIfly is entitled, in the instances specified in Sections 9.1 to 9.3, to refuse travel in the event that passengers fail to comply with the regulations. Any costs or disadvantages arising from the failure to observe these requirements shall be incurred by the passenger [see also Article17.1 (d)].
TUIfly.com and the actual carrier shall endeavour to the best of their ability to ensure punctual carriage of passengers and baggage. However, the announced flight times are subject to reasonable changes owing to technical circumstances. The actual carrier shall endeavour to keep any changes of flight times to a minimum and TUIfly.com shall notify passengers of these changes as soon as possible (in which case information relating to a return flight may be provided at the time of reconfirmation). The passenger is obliged to have the flight time confirmed by calling the telephone number stated on the booking confirmation within a period of 48 hours prior to the scheduled departure time. Failure to reconfirm the flight time shall entitle the actual carrier to cancel the connecting flight or return flight booking.
(a) Generally prohibited baggage
For safety reasons, the following materials and items shall not be placed in either hold or checked baggage and will not be carried:
(1) Briefcases or security-type attaché cases with installed alarm devices, or incorporative lithium batteries and/or pyrotechnic material;
(2) Explosive devices, including detonators, fuses, grenades, mines and explosives;
(3) Explosive materials, ammunition, fireworks or signal rockets;
(4) Gases: flammable, non-flammable, deeply refrigerated and poisonous, such as camping gas or aerosols, propane and butane;
(5) Flammable fluids such as bleaches, peroxides, petrol and methanol;
(6) Flammable solids and reactive substances, including magnesium, firelighters, fireworks, flares;
(7) Cigarette lighters;
(8) Oxidizers and organic peroxides (including bleach), car body repair kits;
(9) Toxic or infectious substances, including rat poison, infected blood and pathogens;
(10) Radioactive material, including medicinal or commercial isotopes;
(11) Corrosives (such as mercury), which may be contained in thermometers, acids, alkalis and wet-cell batteries filled with battery fluid, corrosives and vehicle batteries;
(12) Fuel-containing components of vehicle fuel systems;
(13) Magnetized materials and all hazardous items as listed in the IATA Dangerous Goods Regulations.
The above provisions do not apply to medicines and medical appliances, toiletries, smoking utensils (except petrol cigarette lighters) or alcoholic drinks, provided these are carried only in small quantities for personal use.
Please note: for safety reasons, the use of all personal electronic equipment is prohibited during take-off or landing. The use of mobile phones is not permitted at any time during the flight. Use of other electronic equipment is subject to the prior permission of the crew.
(b) Prohibited items in checked baggage
Checked baggage must not contain fragile or perishable items, items of value including money, jewellery, precious metals, jewels, computers (including laptop computers), cameras, mobile phones or other electronic equipment, securities, stocks and bonds, as well as other valuables or business documents, samples, identification documents, house or car keys, medicines and/or medical aids and appliances (such as hearing aids, dental braces and glasses) required by the passenger. TUIfly may refuse to carry these items in checked baggage and is liable only for damage/loss that is wilfully caused or caused by gross negligence (see also Article 17.1).
The actual carrier shall be entitled to refuse the carriage of any baggage which is so inadequately packed that damage has to be expected despite exercise of the customary care.
Departures from Israel
In view of the strict security procedures in force at Tel Aviv airport, TUIfly.com recommends that passengers do not carry laptops etc., either as hold or hand baggage. No liability will be accepted in case of damage or loss caused by security procedures.
Departures from Israel
TUIfly recommends that, owing to the strict security measures in force at Tel Aviv airport, passengers should generally not take laptop computers or similar items either in hand baggage or checked baggage. There is no liability for any damage or loss caused by action taken by security staff.
(c) Prohibited items in hand baggage
(1) Guns, firearms and weapons
Any object capable, or appearing capable, of discharging a projectile or causing injury, including:
(2) Pointed/edged weapons and sharp objects
Pointed or bladed articles capable of causing injury, including:
(3) Blunt instruments
Any blunt instrument capable of causing injury, including:
(4) Explosives and flammable substances
All explosives and/or highly inflammatory substances which constitute a health hazard for passengers or crew or a risk for the technical and general safety of the aircraft and the property of the actual carrier and/or third parties, including:
(5) Chemical and toxic substances
Any chemical or toxic substances which pose a risk to the health of passengers and crew or the security/safety of aircraft or property, including:
(6) Restriction on liquids in hand baggage (EU Regulation 1546/2006)
European Union regulations on Security in Civil Aviation restrict the amount of liquids that passengers are permitted to take on board in their hand baggage.
It must be ensured that these liquids are in individual containers with a capacity of no more than 100 ml, or the equivalent amount given in a different unit of measurement (based on maximum contents as printed on the container). All of these individual containers must be packed in a transparent, re-sealable plastic bag with a capacity of no more than one (1) litre. The plastic bag must be easily and fully sealable. Passengers are not permitted to seal a normal (non-sealable) plastic bag using additional means.
Only one (1) plastic bag is allowed per person.
Liquids include: gels, pastes, lotions, liquid/solid mixtures, such as toothpaste, hair gels, beverages, soups, syrups, perfume and other items of similar consistency, as well as the contents of pressurized containers such as aerosols, shaving cream and hair spray.
Exemptions may be granted if the liquid is:
Duty-free items may, therefore, be purchased post-security at a Community airport or on board an aircraft of a Community air carrier. If the passenger needs to pass through other security screening points as well, however – especially for connecting flights to other Community airports – then the liquid obtained must, for this purpose, be packed in a tamper-evident bag provided by the outlet, complete with clearly visible proof of purchase showing both the date and place of purchase.
The above regulations shall apply to all flights departing from airports in the European Union (including connecting flights) irrespective of their destination or the country in which the airline is based. Passengers entering the EU from an airport outside the EU must undergo another security screening before boarding their connecting flight.
Various non-EU states have passed identical or similar regulations, details of which are available from the TUIfly.com Service Centre.
14.1 General provisions
(a) Liability for damage to baggage will be assumed only if the damage is caused when the baggage is under the care of TUIfly.com and/or the actual carrier and subject to the existence of a valid contract of carriage.
(b) Liability for loss of, delay of or damage to baggage is limited in accordance with the provisions in Section 14.2 (c).
(c) Passengers are recommended to take out additional baggage insurance.
(d) If the weight of the checked baggage is not indicated on the baggage tag, it will be assumed that the overall weight of the checked baggage does not exceed the free baggage allowance for the relevant class of carriage.
(e) TUIfly.com and/or the actual carrier shall not be responsible for any damage caused by a passenger's baggage. If any items in a passenger's baggage cause damage to the baggage of another passenger, to the property of TUIfly.com and/or the actual carrier or third parties, the owner of the baggage shall be liable for the resulting damage.
(f) The liability of TUIfly.com and/or the actual carrier shall always be limited to the proven damage. The compensation payable for the damage shall be reduced in the case of contributory negligence. The liability provisions specified in Article 14.2 (e) shall also apply.
14.2 Reporting of damage to, or loss of, baggage
(a) Any damage must be immediately reported to the carrier’s handling agent at the destination airport; this involves the passenger filing a damage report.
(b) In the event of damage to baggage, any claim is excluded unless the person entitled to delivery notifies TUIfly of this damage immediately (or, at the latest, within seven days from the date of receipt).
(c) If there are delays in the delivery of baggage, any claim is excluded if TUIfly is not notified of the loss immediately (or no later than 21 days after the baggage has been made available).
(d) All complaints (as defined in Sections 14.2 (b) and (c) above) must be made in writing and delivered or sent within the specified time limits.
(e) Receipt of baggage without submission of a written complaint constitutes prima facie evidence that the same has been delivered undamaged and in accordance with the contract of carriage. Suitcases and similar bags must be fit for purpose (in terms of protecting their contents) and able to withstand scratches and pressure.
(f) Loss of baggage must be reported immediately to the carrier’s handling agent upon arrival. Details of the loss will be taken and entered into a worldwide search system.
If carriage by air is severely obstructed, jeopardised or impaired by acts of force majeure (e.g. war, civil commotion, natural disasters) which were unforeseeable at the time of conclusion of contract, both parties shall be entitled to withdraw from the contract and the actual carrier shall be entitled to cancel the flight. In case of cancellation prior to departure, TUIfly.com shall refund the paid fare.
TUIfly.com shall be entitled to withdraw from the contract and the actual carrier entitled to cancel the flight if performance of the flight is severely obstructed, impaired or rendered impossible owing to circumstances beyond the control of TUIfly.com and/or the actual carrier, such as strikes by air traffic control or at the airport, which were not foreseeable at the time of booking, or owing to orders by public authorities which are beyond the control of TUIfly.com and/or the actual carrier (e.g. overflight or landing ban).
According to Regulation (EC) No. 261/2004, if boarding is denied or in case of cancellation or substantial delays, the actual air carrier shall provide the services listed in the regulation with regard to compensation and support. The provision of these services is not required if denial of boarding, cancellation or delay is based on extraordinary circumstances outside of actual air carrier's influence if these circumstances were caused by a force majeure event or a third party and could not be prevented by the actual air carrier. In particular, such circumstances include political instability, poor weather conditions, security risks, unexpected flight safety defects or a strike that limits the operation of the actual air carrier.
17.1 General provisions (a) Liability in connection with the carriage of passengers, freight and baggage inside and outside the European Community is subject to the liability restrictions of the German Civil Aviation Act, EC Regulation No. 2027/97 of 9 October 1997 as amended by EC Regulation No. 889/02 ("EC Regulation 2027/97“), the Convention for the Unification of Certain Rules of International Carriage by Air of 28 May 1999 ("Montreal Convention"), or the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air of 12 October 1929 as amended by the Hague Protocol of 28 September 1955, depending on whether the case involves national or international carriage as defined in the Warsaw Convention or Montreal Convention.
(b) The liability of TUIfly.com and/or the actual carrier shall in no case exceed the level of the proven damage. TUIfly.com and/or the actual carrier shall be liable for indirect and/or consequential damage only if the damage is attributable to gross negligence or intent on the part of TUIfly.com and/or the actual carrier. The foregoing exclusion of liability shall not apply to indirect and/or consequential damage resulting from injury to life, body or health of a person owing to infringement of an obligation caused by negligence on the part of TUIfly.com and/or the actual carrier.
(c) If the damage is attributable to contributory negligence on the part of the damaged party, the standards of the applicable law relating to exclusion or reduction of compensation obligations in cases of contributory negligence by the damaged party shall apply. The above provision shall apply accordingly if the damaged party fails to satisfy his/her obligation to keep the damage to a minimum.
(d) TUIfly.com and/or the actual carrier shall not be liable for damage caused in fulfilment of government regulations or because the passenger fails to satisfy his/her obligations pursuant to these regulations.
(e) TUIfly.com and/or the actual carrier shall be liable for errors or omissions in flight schedules or other publications of flight times, for information supplied by agents, employees or authorised representatives of TUIfly.com and/or the actual carrier relating to dates, departure and arrival times or flight handling, only in cases of intent or gross negligence.
(f) The exclusion and restriction of liability on the part of TUIfly.com and/or the actual carrier shall also apply accordingly in favour of agents, employees or representatives of TUIfly.com. The total sum to be paid in compensation by TUIfly.com and/or the actual carrier and/or the aforesaid persons shall not exceed the maximum statutory and contractual liability sums which apply to TUIfly.com and/or the actual carrier.
g) Unless otherwise explicitly specified, none of these conditions refers to a waiver of the liability exclusions which apply to TUIfly.com and/or the actual carrier or pursuant to the Warsaw Convention, the Montreal Convention, European or national legislation.
17.2 Injury to persons
(a) In case of carriage solely within the Federal Republic of Germany, the liability of TUIfly.com and/or the actual carrier to a passenger for death, physical injury or damage to health shall be governed by the German Civil Aviation Act, EC Regulation 2027/97 and these GTCC as well as the STCC; in the case of international carriage as defined in the Warsaw Convention or the Montreal Convention, this liability shall be governed by the provisions of the applicable Convention, EC Regulation 2027/97, these Terms and Conditions of Carriage, in all other cases by the applicable laws and these GTCC.
(b) The liability limits pursuant to the provisions of Article 22 (1) of the Warsaw Convention or any comparable national or European aviation regulations shall not apply to claims for compensation against TUIfly.com and/or the actual carrier for death, physical injury or damage to health. For claims up to a liability sum of 100,000 Special Drawing Rights (SDR) of the International Monetary Fund, TUIfly.com and/or the actual carrier shall not be entitled to plead the defences pursuant to Article 20 (1) of the Warsaw Convention or any comparable national or European aviation regulations. The defences pursuant to Article 21 (2) of the Montreal Convention and other defences pursuant to European and national legislation and pursuant to these GTCC shall apply to claims for compensation in excess of the aforesaid sum.
(c) Unless otherwise specified in the above Article 17.2 (b), the defences specified in the Warsaw Convention or the Montreal Convention and the applicable European or national legislation shall apply without restriction.
(d) In case of accidents in which a passenger is killed or injured, TUIfly.com and/or the actual carrier shall make an advance payment immediately, no later than 15 days after identification of the natural persons entitled to compensation, to satisfy the immediate economic requirements. The payment shall be in relation to the severity of the case concerned. In case of death, the aforesaid advance payment shall amount to a minimum sum in Euros equivalent to 16,000 SDR per passenger. The advance payment does not constitute any recognition of liability and may be deducted from any subsequent sums paid owing to the liability of TUIfly.com and/or the actual carrier. The advance payment need not be repaid, except in cases of Article 20 of the Montreal Convention or in case of contributory negligence on the part of the passenger, or in cases where it is subsequently proved that the person who received the advance payment was not entitled to compensation or was responsible or jointly responsible for the damage owing to negligence.
(e) In case of carriage of a passenger whose age, mental or physical condition is such that carriage constitutes a risk for the passenger, TUIfly.com and/or the actual carrier shall not be liable for personal injury (including death) if caused by the passenger's condition. Passengers for whom carriage may constitute a risk owing to the above reasons are obliged to inform TUIfly.com and/or the actual carrier in advance to allow the airlines to check whether and under what circumstances carriage can be effected without risk. In case of doubt, the pilot in command shall be entitled to refuse carriage.
17.3 Damage to Baggage
(a) The liability of TUIfly.com and / or the actual air carrier for delay, damage, destruction or loss of baggage in international carriage, subject to the application of the Warsaw Convention, is limited to a sum of EUR 27.35 per kilogram for checked baggage and to a maximum sum of EUR 547.00 per passenger for hand baggage. In the case of domestic or international carriage as defined in the Montreal Convention, the total liability for damage to baggage is limited to a sum in EUR equivalent to SDR 1131 per passenger.
(b) The foregoing liability restrictions shall not apply to damage caused by TUIfly.com and/or the actual carrier intentionally or recklessly in the sense of the Warsaw Convention or the Montreal Convention.
(c) TUIfly.com and/or the actual carrier shall not be liable for damage caused by items in the passenger's baggage unless caused by gross negligence or intent on the part of TUIfly.com and/or the actual carrier. If such items cause damage to the baggage of another passenger or to the property of TUIfly.com and/or the actual carrier, any agents employed in performance of their obligations or third parties, the passenger shall compensate TUIfly.com and/or the actual carrier for all damage and expenses sustained by TUIfly.com and/or the actual carrier in that connection and shall indemnify TUIfly.com and/or the actual carrier for third-party claims. The liability of TUIfly.com and/or the actual carrier shall always be limited to the proven damage. The compensation payable for the damage shall be reduced in the case of contributory negligence.
Notice pursuant to the annex to EC regulation 2027/97 as amended by EC regulation 889/02
18.1 Liability of airline companies for passengers and their baggage
This information notice summarizes the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
18.1 Liability of airline companies for passengers and their baggage
(a) Compensation in the case of death or injury
There is no maximum sum in terms of liability in case of passenger death or injury. For cases of personal injury up to SDR 113,100 (equivalent sum in local currency), the airline company cannot contest claims for compensation. In case of claims greater than this amount, the airline company can defend itself by proving that its actions were not negligent or otherwise at fault.
(b) Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximate amount in local currency).
(c) Passenger delays
The airline company is liable for damages caused if passengers are delayed unless the company took all reasonable measures to avoid these damages or it was impossible to take these measures. The liability for damages caused by passenger delay is limited to SDR 4694 (equivalent sum in local currency) (EN Official Journal of the European Communities 30.5.2002 L 140/5). Any possible liability under EC regulation 261/2004 remains unaffected.
(d) Baggage delays
The airline company is liable for damages caused if baggage is delayed unless the company took all reasonable measures to avoid these damages or it was impossible to take these measures. The liability for damages caused by baggage delay is limited to SDR 1131 (equivalent sum in local currency).
(e) Destruction, loss or damage to baggage
The airline company is liable for the destruction, loss or damage to baggage up to a sum of SDR 1131 (equivalent sum in local currency). In case of checked baggage, if the baggage was not damaged prior to carriage, the company is liable even if it is not at fault.
With regard to hand baggage, the airline company is only liable if it its actions are negligent or otherwise at fault.
(f) Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
(g) Complaints regarding baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. Passengers whose checked baggage sustained damage must submit a written complaint within seven days; where baggage is delayed, a written complaint is required within 21 days. In both cases, these time limits begin on the date the baggage was placed at the passenger’s disposal.
(h) Liability of the contracting and operating airline companies
If the airline company that actually carries out the flight is not the same as the contracting airline company, the passenger may address complaints to or make claims for damage against either company. If the name of code of an airline company is indicated on the ticket, that company is the contracting airline company.
(i) Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
(j) Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
Disclaimer: This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention, and it does not form part of the contract between the carrier(s) and the passenger. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.
TUIfly.com and/or the actual carrier are explicitly entitled to transmit data obtained from official photo identification documents and other personal data processed or used in connection with the carriage to public authorities in Germany and abroad (including Canada and the USA), provided that the authority's request for disclosure is based on mandatory legal regulations and is necessary for performance of the contract of carriage.
TUIfly.com reserves the right to amend its General Terms and Conditions with future effect at any time without being obliged to notify the user thereof. The latest amended version of the General Terms and Conditions shall be published on the website as from their entry into force. By continuing to use the website after any amendment to the General Terms and Conditions, the user consents to the amendments.
No agency, employee or other third party shall be entitled to alter or add to these Terms and Conditions of Carriage or to waive their applicability.
These GTCC and the applicable STCC contain the entire provisions of the contract between the passenger and TUIfly.com and supersede all previous agreements, regardless of whether such agreements were made verbally, by electronic means or in writing. In case of conflict between these GTCC and STCC, these GTCC shall take precedence.
Should any individual provision be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid provision.
The contractual relationship between the passenger and TUIfly.com shall be governed by the laws of the Federal Republic of Germany, irrespective of the passenger's nationality. Legal venue for registered traders, persons who have no general legal domicile inside the country and persons who have transferred their residence or habitual abode to a place outside Germany after conclusion of the contract or whose residence or habitual abode is unknown when the lawsuit is filed, shall be Hanover (Germany). This legal venue provision shall not apply within the substantive scope of the Warsaw Convention or the Montreal Convention.
TUIfly Vermarktungs GmbH
Registration No.: HRB 55840 / Court of Registration: Amtsgericht Hannover
VAT No.: DE 171612631
Managing Directors: Olaf Petersenn, Dr. Oliver Dörschuck