General Terms and Conditions of TUIfly Vermarktungs GmbH for the Placement of Tourist Services and Flights for Third-Party Providers (hereinafter GTC Agency)
These GTC Agency govern the conditions for booking other tourist services such as travel insurance, car rental etc. (hereinafter jointly referred to as "tourist services") offered by various tour operators, car rental companies etc. (hereinafter jointly referred to as "providers"). In relation to these tourist services, TUIfly.com acts solely as agent on behalf of the provider concerned and places contracts on behalf of and for the account of the providers. A user who books a tourist service enters into an agency agreement with TUIfly.com governing the placement of tourist services.
The range of tourist services represented on the website does NOT constitute a binding offer to contract on the part of TUIfly.com and/or the individual provider. The presentation of such services constitutes an invitation to the user to submit an offer to enter into a contract with the provider of the tourist service (invitatio ad offerendum). The user submits an offer to contract by entering his/her data in the online booking form and submitting the form to TUIfly.com. The user is bound by the offer to contract for a maximum period of 6 days. During that time either TUIfly.com, acting on behalf of the provider concerned, or the provider itself shall state either acceptance of the offer to enter into a contract or shall send the user a new offer to contract, which the user can accept within the period of time specified in that offer. The contract for the provision of tourist services comes into force on transmission of a booking confirmation or acceptance by the user of the new offer submitted by TUIfly.com or the provider. The contract also comes into force on issue of an invoice to the user by TUIfly.com or the provider.
The contract for tourist services placed by TUIfly.com as agent may be based on the General Terms and Conditions (GTC) of the provider. These Terms and Conditions may state terms of payment, provisions governing due dates, liability, cancellations, change of bookings and refunds – where applicable – as well as other restrictions and obligations on the part of the user. The relevant General Terms and Conditions of the providers shall be sent to the user electronically by TUIfly.com or the provider concerned prior to the booking for the user's information and approval.
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:
0900 1000 2000 (0.49 €/min. from the German telephone network, mobile phone rates are different). No fees are charged for time spent waiting for a connection with our
service employees for calls from the German landline network.
- 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 user is obliged to notify TUIfly.com immediately of any faults in the placement of services by TUIfly.com and, where reasonable, shall grant TUIfly.com the opportunity to remedy the fault. Culpable failure to notify TUIfly.com of a fault shall cause the user to forfeit all claims based on the agency agreement insofar as TUIfly.com could have effected a remedy which the user would reasonably have been obliged to accept.
The user is advised that TUIfly.com is neither authorised nor obliged to accept notification of faults relating to the tourist service itself. Such complaints must be filed directly with the provider of the tourist service.
On conclusion of a contract for a tourist service, the provider is entitled to demand a down payment, which will be deducted from the price of the tourist service. Contrary to the above, payments for car rental contracts are normally due immediately on receipt of the booking confirmation by the car rental company. The user is further advised that additional charges may be payable for car rental contracts in which the car is collected outside the opening hours of the local car rental point; these charges are payable by the user on the spot. Insofar as TUIfly.com issues invoices and collects payment for travel or other services, this is done on behalf of and for the account of the provider concerned.
The user can make payments to tourist service providers by means of TUI Card, VISA, Eurocard, American Express and Diners Club credit cards insofar as these are accepted as means of payment by the provider. Further information about accepted means of payment are stated in the course of the booking or in the terms and conditions of the tourist service providers.
Payments can also be effected by direct debit from a current account with a German bank, with the exception of payments for the placement/booking of scheduled flights.
TUIfly.com reserves the right to charge the user for any expenses of credit card companies or banks sustained by TUIfly.com and/or the provider in connection with payment transactions as stated under 20.2 and 20.3. The user will be informed of any such expenses prior to booking. TUIfly.com is further entitled to charge the user for any reverse debit charges resulting from unredeemable credit card or bank debit transactions.
Alternative payment options are available for the placement of transactions with a total value of more than € 5000. The user has the option of transferring the total sum due as soon as possible to a bank account specified by TUIfly.com or signing a cost assumption form provided by TUIfly.com in which the user states his/her credit card details.
As a rule, air tickets for airlines for which TUIfly.com acts as agent and/or documents for other tourist services, including coupons (hereinafter jointly referred to as "travel documents") shall be sent by post to the user directly by the provider or by TUIfly.com.
Travel documents are normally sent by post free of charge for the user, with the following exceptions:
a) Delivery of air tickets at short notice: if there are fewer than 5 working days between booking and departure date, the travel documents will be sent by courier service, for which a fee is payable. The fee for the courier service will be invoiced to the user together with the total price. The provider's service centre will inform the user of the level of the fees for the delivery address concerned either in writing or by phone.
b) In certain individual cases, depending on the time available and payment method, travel documents can also be deposited for collection by the user at the departure airport prior to departure. In such cases, the travel documents will normally be deposited at the TUI airport desk; air tickets can also be deposited at the airport desk of the airline concerned. The user will normally be charged € 12.00 per document for the deposit of travel documents at an airline desk; if the airline demands a higher charge in any individual cases, the user will be informed after the booking and is obliged to pay these charges.
c) Delivery of travel documents outisde Germany: in the interests of fast and safe delivery to addresses outside Germany, travel documents are delivered by courier service, for which a fee is payable. The fee for the courier service will be invoiced to the user together with the total price. The Internet Service Centre will inform the user of the level of the fees for the delivery address concerned either in writing or by phone.
For hotel and car rental bookings in particular, the relevant coupons will either be delivered by post or the user will be informed of a reservation number to be presented to the provider.
On conclusion of the contract with the provider of the tourist service, the conditions which apply to any changes of contract initiated or requested by the customer (e.g. change of booking, cancellation) shall be based on the Terms and Conditions of the provider concerned. TUIfly.com is entitled to charge the user for all expenses sustained owing to contract changes on behalf of the provider and to collect or withhold such amounts.
In the event of changes to concluded contracts for air carriage, TUIfly.com is further entitled to levy its own service charge of € 7.50 per user over and above any charges levied by the airline and/or the ticket issuer.
TUIfly.com specifically informs customers that they can take out travel cancellation insurance and insurance to cover repatriation expenses in case of accident or illness.
8.1 General provisions
(a) The ‘Rail & Fly’ (‘Zug zum Flug’) product can be booked in conjunction with a TUIfly flight at travel agents, via the TUIfly.com Service Centre or on the Internet at http://www.tuifly.com/.
(b) The Deutsche Bahn (DB) ticket entitles the holder to travel on all of Deutsche Bahn AG’s trains (including Inter-City Express (ICE), Inter-City (IC) and EuroCity (EC) trains) and on all of its routes, in the class of travel indicated on the ticket. Use of ICE Sprinter trains is subject to a separate surcharge and requires a seat reservation. The reservation charge for ICE Sprinter services is included in this surcharge.
(c) These tickets are not valid on DB’s motorail (Autozug) services, Thalys trains and special trains (Sonderzüge). In DB’s night trains (Nachtzüge) and the CityNightLine service, seats, reclining seats and sleeping-car berths can be reserved subject to availability.
(d) For departures from Basel’s EuroAirport, fares include travel on the Basel Bad to Basel SBB rail route and on the number 50 bus line from the Basel SBB station. The Rail & Fly ticket is not valid for departures from other airports outside Germany, or for domestic rail routes up to the German border. For TUIfly.com passengers entering the country from abroad, the Rail & Fly ticket is valid from the border for departures from German airports.
(e) The tickets can be used on the day before departure, on the day of departure itself, on the day of return and on the following day. The period between the outward and return journeys may not exceed twelve (12) months. The Rail & Fly ticket allows stopovers on the journey to the airport. Passengers must travel to their destination airport and return to their home railway station via the usual route of travel or on routes dictated by the current timetable. The departure and arrival airport do not need to be the same.
(f) As delays are always possible when public transport is used, passengers should choose a connection that will get them to the departure airport at least two hours before the scheduled departure time. Passengers are themselves responsible for getting to the airport in good time.
28.2 Fare terms and conditions for Rail & Fly
28.3 DB ticket
Rail tickets for each journey and passenger (DB tickets) are attached in electronic form to the confirmation of the booked flight, as is the ‘Fahren und Fliegen’ ticket (ticket for the local public transport in combination with a flight). DB tickets will be collected by train staff. The DB passenger coupon remains (uncollected) with the other travel documents and is marked as inspected by rail staff. The ‘Fahren und Fliegen’ ticket shall also remain (uncollected) with the travel documents. Children under the age of 6 are carried free of charge and travel on the ticket of the person accompanying them. The DB ticket and ‘Fahren und Fliegen’ ticket are valid only in conjunction with a TUIfly.com booking confirmation and a valid identity card/passport.
28.4 Incorporation of terms and conditions of carriage for passenger trains
Deutsche Bahn AG’s terms and conditions of carriage for passenger trains shall apply.
TUIfly.com shall not be liable for the success of the placement and/or the actual/fault-free provision of the tourist service itself, but only that the placement has been executed with the due diligence of a prudent businessman.
TUIfly.com shall endeavour within a reasonable extent to ensure that all information, software and other data provided on its website, in particular relating to prices, restrictions and dates, is up-to-date, complete and accurate at the time of publication. However, the individual details provided about tourist services are based on information supplied by the providers. Accordingly, TUIfly.com assumes no liability in that respect.
All tourist services presented on the website are available in limited quantities only. TUIfly.com assumes no liability for the availability of a travel service at the time of booking.
TUIfly.com further assumes no liability for the accuracy, completeness or reliability of any other contents provided by third parties. All geodata shown on the website, in particular maps, are intended only as a rough guide to the approximate location of the product or service. The definitive data for the purpose of the contract, however, is solely the geographical information supplied in the offer in the course of the online booking process and/or in the relevant booking and travel confirmation.
The exceptions stated under the above 9.2, 9.3 and 9.4 shall not apply insofar as TUIfly.com was aware of faulty and/or incorrect data or would have been aware of this if it had applied generally accepted due diligence standards. In such cases, TUIfly.com's liability for its obligation to be aware of such circumstances shall always be restricted to intent or gross negligence.
TUIfly.com shall otherwise be liable for damage other than personal injury only in cases of intent or gross negligence, in case of liability based on the assumption of warranties or liability owing to the infringement of material contractual obligations (cardinal obligations). In case of infringement of cardinal obligations caused by gross negligence, TUIfly.com's liability shall be limited to the foreseeable and typical damage in such cases and to a maximum of three times the value of the tourist service for which TUIfly acted as agent.
TUIfly.com shall not be liable for any loss, destruction and/or damage of travel documents beyond the control of TUIfly.com which occurs in connection with delivery of the documents.
TUIfly.com shall not be liable for any consequences of force majeure, such as orders issued by public authorities, war, civil commotion, hijacking, terrorist attacks, fire, floods, power cuts, accidents, storm, strikes, lockouts or other industrial action which affects the services provided by TUIfly.com or its suppliers.
TUIfly.com and/or the provider are explicitly entitled to transmit data obtained from official photo identification documents and other personal data processed or used in connection with the placement 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 agency agreement.
TUIfly.com is entitled to cancel a flight/booking if, owing to the occurrence of force majeure events unforeseeable at the time when the contract was formed (such as war, civil unrest or natural disasters) the performance of the flight would be considerably impeded, endangered or adversely affected.
TUIfly.com also reserves the right to withdraw from the contract if the performance of the booked flight would be considerably impeded, adversely affected or rendered impossible owing to circumstances not foreseeable at the time of booking and for which TUIfly.com is not responsible, such as strikes by air traffic controllers or airport personnel, or circumstances arising from official regulations for which TUIfly.com is not responsible, including denied landing rights or prohibition from using airspace.
These General Terms and Conditions contain the entire provisions of the contract between the user and TUIfly.com and supersede all previous agreements, regardless of whether such agreements were made verbally, by electronic means or in writing.
Should one or more of the above provisions be ineffective, the validity of the remaining provisions shall remain unaffected.
The contractual relationship between the user 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