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Important information about the contracting party for flights booked through TUIfly.com

TUIfly Vermarktungs GmbH, Karl-Wiechert-Allee 23, 30625 Hannover is expected to take over operation of the tuifly.com website from Hapag-Lloyd Express GmbH with effect from 1 May 2010. On accepting these General Terms and Conditions of Carriage, you therefore agree that as from the date of transfer of operation of the website TUIfly Vermarktungs GmbH can become the new party to the contract for the flight you have booked. Following transfer of the website, your personal data which is required for execution of the flight will also be transmitted to TUIfly Vermarktungs GmbH, which is entitled to use that data for execution of the flight.

General Terms and Conditions of Business and Carriage of Hapag-Lloyd Express GmbH  for the Sale of Flight Services through the TUIfly.com Website (hereinafter referred to as "General Terms and Conditions of Carriage" / GTCC)

1.1
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 Hapag-Lloyd Express 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.

1.2
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.

2.1
TUIfly.com can be contacted at the following address:

Hapag-Lloyd Express GmbH
Benkendorffstrasse 22b
30855 Langenhagen
Germany

2.2
In the following provisions, reference is frequently made to the TUIfly.com Service Centre. The Service Centre can be contacted daily between 7.30 a.m. and 10.30 p.m. (CET); the following telephone rates apply:

- In Germany:
  01805 757510 (0.14 €/min. from the German telephone network, 0.42 €/min. in mobile phone networks)

- In Austria:
  0820 820033 (0.14 €/min. when calling from an Austrian land line; rates from mobile phones will vary
  depending on the provider)

- In Switzerland
  0848 000271 (Swiss national rates apply)

- In Belgium: 070 700 016 (Belgian national rates apply)
- In France: 0825 026 071 (French national rates apply)
- In Italy: 199 192 692 (Italian national rates apply)
- In the Netherlands: 0900 202 1447 (Dutch national rates apply)
- In Portugal: 707 200 654 (Portugese national rates apply; our staff speak English)
- In Spain: 90 20 20 069 (Spanish national rates apply)
- In Sweden: 0200 810 357 (Swedish national rates apply; our staff speak English)
- In the United Kingdom: 0870 606 0 519 (UK national rates apply)

- In Greece: 210 3530339 (Greek national rates apply)
  Contactable Monday to Friday, 9 a.m. to 5 p.m.

- All other countries: 0044 8706060519

The contract comes into force on registration (submission of an offer) and receipt of confirmation of booking (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.

4.1
Subject of the contract is the provision of the carriage service confirmed in the booking by the actual carrier.

4.2
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.

4.3
The actual carrier is entitled to change the deployed aircraft or the flight number at any time.

4.4
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.

5.1. Airfare
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. This increase shall be permissible if the costs of aviation fuel or the costs of airport charges or other charges, surcharges and fees relating to safety and security subsequently rise and if the passenger is informed of this immediately, but no later than 21 days prior to 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.

5.3 Payment
(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. Payment by credit or debit card is subject to a charge, per booking, of EUR 8.00 (CHF 12/ CZK 210/GBP 7/ SEK 90/ USD 12) on international flights or EUR 9.52 on domestic (German) flights. Payment by direct debit is possible only for bookings made at least six days before 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 4.00/USD 9.00) 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 10.00 (GBP 8.00/USD 16.00) 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.

6.1 Booking
(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.

6.2 Fares
(a) "SMILE" fares can be booked for flights which are operated by the TUIfly airline. The processing fees stated under Article 7.3 (b) will be charged for changes of booking, cancellations or naming a substitute passenger for these fares.

(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 Booking amdendments
(a) A booking amendment is deemed to have been made when, at the passenger’s request, the travelling date, the flight number, the destination, or the airport of departure or arrival are changed before the flight service (outward or return flight) is utilized. Booking amendments are possible up to two (2) hours before the scheduled departure time, subject to the additional costs specified under 7.2 (b).

(b) Booking amendments are subject to payment of the difference between the fare already paid and the new fare if higher. Passengers who rebook onto a flight with a lower fare shall not be entitled to a refund. Additionally, for bookings subject to the SMILE Rate, a processing fee will be charged in the amount of EUR 33.00 (CHF 50/ CZK 870/GBP 29/ SEK 340/ USD 46) on short and mid-length routes, on longer international routes, in the amount of EUR 60 (CHF 88/ CZK 1,570/GBP 53/ SEK 620/ USD 84) and on domestic German routes, in the amount of EUR 39.27 per route and person. The customer is at liberty to prove that TUIfly.com incurred no (or lesser) damage/loss as a result of the booking amendment.

(c) Bookings can be amended online or by calling the TUIfly.com Service Centre (see Section 2 for contact details and costs). Passengers can rebook onto a later flight – subject to approval by the authorities at the destination – only if the flight date is no more than six (6) months after the originally booked outward flight.

(d) It is not possible for passengers with bookings on domestic flights to rebook onto international flights, and vice-versa.

7.2 Passenger substitution
(a) Up to two (2) hours before the scheduled departure of the flight, the booked passenger can name a person who will fly in his or her place. Additional costs as listed in (b) apply. If a round trip flight was booked, the booked passenger cannot name a replacement passenger for the return flight after he or she has boarded the departing flight. Flight bookings can be changed online or by calling the TUIfly.com service center (for contact information and fees, see section 2). The booked passenger and the replacement passenger are joint and several debtors. TUIfly.com can object to the change of passengers if this change does not meet the specific requirements with respect to the flight or if it is prevented by statutory regulations or other authoritative orders.

(b) ) If a name must be changed in connection with an international flight (in case a different person will be flying in place of the originally booked passenger), on short and mid-length routes, a processing fee will be charged in the amount of EUR 33.00 (CHF 50/ CZK 870/GBP 29/ SEK 340/ USD 46), on longer international routes, in the amount of EUR 60 (CHF 88/ CZK 1,570/GBP 53/ SEK 620/ USD 84) and on domestic German routes, in the amount of EUR 39.27 per route and person. The difference between the fare already paid and the new fare (if higher) may also be payable. A refund is not possible if a lower rate is applicable for the substitute passenger.

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. To cover the administration costs involved in a cancellation, TUIfly.com will charge the passenger an administration fee of EUR 15.00 (CHF 22/ CZK 410/GBP 13/ SEK 160/USD 21) per transaction, per person, which will be offset against the amount withheld for air carriage. If the amount already withheld is less than EUR 15.00 (CHF 22/ CZK 410/GBP 13/ SEK 160/USD 21) 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) .

8.1
Seat reservations can be made either online at the time of booking or subsequent to booking by calling the TUIfly.com Service Centre no later than 48 hours before the scheduled flight, subject to payment of a non-refundable administration charge of EUR 10.00 (GBP 9.00/USD 14.00) (see Section 2 for contact details and costs).

8.2
TUIfly.com charges a non-refundable administration fee of EUR 25.00 (GBP 20.00/USD 40.00) for the booking of an ‘XL’ seat in the emergency exit rows. 

8.3
XL seats cannot be booked on all routes or on all aircraft.

8.4
Official safety regulations dictate that the following groups of persons may not sit in the emergency exit rows:

• Infants and children under the age of 12;
• Persons carrying animals in the cabin;
• Expectant mothers;
• Physically and/or mentally disabled passengers;
• Passengers who, owing to size, health conditions or age, have restricted mobility.

On reserving a seat at the emergency exit, you confirm that none of the above criteria applies to you or to any other passengers for whom you have booked. If that should be the case, the airline is entitled to assign the passenger(s) concerned to a different seat without refunding the reservation charges. In case of doubt, the TUIfly cabin crew shall decide.

9.1
Young children (up to 2 years of age, e.g. until their 3rd birthday) can fly at a reduced child fare of EUR 15.00 per route on international short and mid-length flights (CHF 22/ CZK 410/GBP 13/ SEK 160/USD 21), EUR 50 on longer international flights (CHF 74/ CZK 1.310/GBP 44/ SEK 510/ USD 70) and EUR 17.85 on domestic German flights per route under the following conditions:
The airline must be notified in advance. The infant's age is defined as the age on commencement of the flight, in the case of outbound and return flights, the age on commencement of the return flight. Each adult may be accompanied by one (1) infant only.
A seat has to be booked for the carriage of infants (aged under 2) in a child's seat.

9.2
Children aged between two (2) and eleven (11) are entitled to a discount of 25% of the booked net fare plus taxes and duties (TRANSAVIA exempted). The infant's age is defined as the age on commencement of the flight, in the case of outbound and return flights, the age on commencement of the return flight.

10.1
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.

10.2
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).

10.3
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.

10.4
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 (or an entry for the child/adolescent in the passport or ID of the legal guardian travelling with them) 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.

10.5
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.

11.1
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. 

11.2
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.

11.3
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.

11.4
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.

11.5
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:

• all firearms (pistols, revolvers, rifles, shotguns etc);
• replica and imitation firearms;
• component parts of firearms (excluding telescopic sighting devices and sights);
• air pistols, rifles and pellet guns;
• signal flare pistols; starter pistols; toy guns of all types; BB guns;
• industrial bolt and nail guns; cross bows; catapults;
• harpoon and spear guns; humane killers for livestock;
• stun or shocking devices such as cattle prods, ballistic conducted energy weapons (taser);
• lighters shaped like a firearm.

(2) Pointed/edged weapons and sharp objects
Pointed or bladed articles capable of causing injury, including:

• axes and hatchets; arrows and darts; crampons; harpoons and spears;
• ice axes and ice picks; ice skates; lockable or flick knives with blades of any length; knives with blades of more than 6 cm, made of metal or any other material strong enough to be used as a potential weapon;
• meat cleavers; machetes;
• open razors and blades (excluding safety or disposable razors with blades enclosed in cartridge); sabres, swords and swordsticks; scalpels;
• scissors;
• ski and walking/hiking poles;
• throwing stars;
• tradesman’s tools that have the potential to be used as a pointed or edged weapon e.g. drills and drill bits, carpet knives and box cutters, utility knives, all saws, screwdrivers, crowbars, pliers, wrenches/spanners and blow torches.

(3) Blunt instruments
Any blunt instrument capable of causing injury, including:

• baseball and softball bats;
• clubs or batons – rigid or flexible – e.g. Billy clubs, blackjacks, night sticks and batons;
• cricket bats; golf clubs; hockey sticks; lacrosse sticks;
• kayak and canoe paddles; skateboards; billiard, snooker and pool cues; fishing rods;
• martial-arts equipment e.g. knuckle dusters, clubs, coshes, rice flails, num chucks, kubatons and kubasaunts.

(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:

• ammunition; blasting caps; detonators and fuses; explosives and explosive devices;
• replica or imitation of explosive material or devices;
• mines and other explosive military stores; grenades of all types;
• gas and gas containers e.g. butane, propane, acetylene and oxygen;
• fireworks, flares in any form and other pyrotechnics (including party poppers and toy cap guns);
• non-safety matches;
• smoke-generating canisters or cartridges;
• flammable liquid fuel (e.g. petrol/gasoline, diesel, lighter fluid, alcohol, ethanol); aerosol spray paint; turpentine and paint thinner;
• alcoholic beverages exceeding 70 % by volume.

(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:

• acids and alkalis (e.g. spillable ‘wet’ batteries);
• corrosive or bleaching substances (e.g. mercury and chlorine);
• disabling or incapacitating sprays (e.g. mace, pepper spray and tear gas);
• radioactive material (e.g. medicinal or commercial isotopes); poisons;
• infectious or biological hazardous material (e.g. infected blood, bacteria and viruses);
• material capable of spontaneous ignition or combustion;
• fire extinguishers.

(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:

• to be used during the trip and is either required for medical purposes or a special dietary requirement, including baby food. When requested to do the passenger shall provide proof of authenticity of the exempted liquid; or
• obtained airside beyond the point where boarding passes are controlled from outlets that are subject to approved security procedures as part of the airport security programme, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at the airport on that day; or
• obtained in the security restricted area from outlets that are subject to approved security procedures as part of the airport security programme; or
• obtained at another Community airport, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at airside at that airport on that day; or
• obtained on board an aircraft of a Community air carrier, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase on board that aircraft on that day.

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 15.1 (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.

15.1
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.

15.2
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).

Pursuant to EC Regulation No. 261/2004 TUIfly.com or the actual carrier shall provide the compensation and/or assistance stated in the Regulation in case of denied boarding, cancellation and/or long delays. The aforesaid compensation or assistance shall not be due if the denied boarding, cancellation and/or long delays are due to exceptional circumstances beyond the control of TUIfly.com and the actual carrier, if these circumstances were unavoidable for TUIfly.com and the actual carrier owing to force majeure or the influence of third parties. Such circumstances shall include in particular political instability, adverse meteorological conditions, security risks, unexpected flight safety shortcomings or strikes which impair the operations of the actual 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 Personenschäden
(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 (Link); 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.

(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.

18.2
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.

19.1
Personal data (such as name, address, telephone number and credit card details) are essential for booking. The protection of passengers’ personal data is very important to TUIfly.com. Data will be stored electronically and protected in compliance with the German Data Protection Act (BDSG) as well as additional applicable regulations on Internet data protection. TUIfly.com’s Privacy Policy, which you can find in the ‘Regulations’ section of its website (http://www.tuifly.com/), shall also apply.

19.2
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.

20.1
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.

20.2
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.

User:

Hapag-Lloyd Express GmbH
Benkendorffstraße 22B
30855 Langenhagen
Germany
Registration No.: HRB 51496 / Court of Registration: Amtsgericht Hannover
VAT No.: DE 811132545
Managing Directors: Friedrich Keppler, Christoph Todt