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Special Terms and Conditions of Carriage of Hapag-Lloyd Express GmbH (hereinafter referred to as TUIfly.com) for air carriage handled by Air Berlin PLC & Co. Luftverkehrs KG, NIKI Luftfahrt GmbH, LTU Lufttransport-Unternehmen GmbH, Luftfahrtgesellschaft Walter mbH and Belair Airlines AG (hereinafter STCC Air Berlin Group)

Valid as from 25 September 2009

These Special Terms and Conditions of Carriage (‘STCC Air Berlin Group’) apply to all contracts which are entered into with Hapag-Lloyd Express GmbH, Benkendorffstraße 22B, 30855 Langenhagen, Germany for the carriage of passengers and baggage, including all related services, on the basis of our General Terms and Conditions of Carriage (‘GTCC’) and where this carriage is executed by Air Berlin PLC & Co. Luftverkehrs KG, NIKI Luftfahrt GmbH, LTU Lufttransport-Unternehmen GmbH, Luftfahrtgesellschaft Walter mbH and/or Belair Airlines AG (hereinafter also referred to as the Air Berlin Group) and/or any agents employed in performance of the company's obligations (Air Berlin Group or any such agents, hereinafter also referred to as ‘operating carrier’). Unless expressly stipulated otherwise, these STCC also apply to gratuitous carriage. The GTCC of TUIfly.com also apply.

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

Hapag-Lloyd Express GmbH
Benkendorffstraße 22b
30855 Langenhagen
Germany

2.2  Contacting the TUIfly Service Centre
In the following provisions, reference is frequently made to the TUIfly 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 75 75 10 (EUR 0.14/min. when calling from a Deutsche Telekom landline; rates from mobile phones will vary depending on the provider)

- In Austria:
0820 820033 (EUR 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 Greece: 210 3530339 (Greek 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 (British national rates apply)

Contactable Monday to Friday, 9 a.m. to 5 p.m.

- All other countries: 0044 8706060519

2.3 Contacting the Air Berlin Group and the Air Berlin Group Service Centre
In all cases where the Air Berlin Group needs to be given pre-notification directly, this will be handled by the Air Berlin Group Service Centre, which can be contacted as follows:

By telephone: +49 (0)1805 737 800 (EUR 0.14/min. – calls from mobile networks may be charged at a different rate)
By fax: +49 (0)30 4102 1003
By e-mail: serviceteam@airberlin.com
By post: Air Berlin Service Team, Saatwinkler Damm 42-43, 13627 Berlin, Germany.

For safety reasons and to avoid damage to the health of expectant mothers, the following regulations apply:

Up to four weeks before the expected date of delivery, the operating carrier will provide carriage to expectant mothers without a ‘fitness to fly’ certificate; the operating carrier may require the passenger to present a maternity card or medical certificate showing that the pregnancy has not advanced beyond 36 weeks.
Expectant mothers are not permitted to travel in the four weeks before the expected date of delivery.

Important – please note:
The above provisions must also apply to the date of any planned return flight.

4.1
To avoid damage to health, we recommend that passengers do not travel with newborn infants under 7 days old.

4.2
An adult passenger may travel with one infant (with only one infant permitted per row of seats). Infants may travel in their own child seat, provided that an additional seat has been booked on the aircraft and that the operating carrier has been notified at least 48 hours prior to departure that a child seat will be used. Throughout the flight, the child seat must be secured to the aircraft seat using the seat belt provided. The following makes of child seat are currently approved for general use on aircraft: Römer King Quickfix, Maxi Cosi Mico, Maxi Cosi City, Storchenmühle Maximum. Other child seats may be permitted in individual cases subject to prior notification. The child seat must in all cases be approved (certified) and marked accordingly. The Luftikid seat is also approved for use on certain aircraft. Further information is given on the Service/Service for Families pages at www.airberlin.com or when the Air Berlin Group Service Centre is contacted (for contact details and costs, see 2.3).

Important - please note:

Suitable proof of identity (inclusion on the passport of the parent/guardian or the child’s own passport) must also be submitted for children and infants.

4.3
Children between the ages of 5 and 11 (inclusive) may travel unaccompanied (accompanying person must be 18 years of age or over) provided that the operating carrier is notified in advance by contacting the Air Berlin Group Service Centre (for contact details and costs, see 2.3) and permission obtained. Prior notification is required for all unaccompanied minors under the age of 12.

Unaccompanied minors may travel if official photo identification (or the German family register, or a certified copy thereof) is presented at the check-in desk. The parents/guardian must provide written consent confirming that the child is allowed to travel. Please note that special rules may apply in certain countries. Further information can be obtained from the Air Berlin Group Service Centre (for contact details and costs, see 2.3). The name of the person collecting / looking after the child at the destination airport must be given at check-in. The parent/guardian or person looking after the child must wait at the airport until the flight departs.

The Air Berlin Group levies a service charge of EUR 40 per flight for carriage of unaccompanied minors. For flights of over 3,000 miles, this charge is EUR 80.

On transit flights via one of the airline’s hub airports, the airline will provide a person to accompany and supervise unaccompanied minors, provided that the transit time does not exceed two hours. If it does, travel will be refused.

5.1 General provisions
(a) The operating carrier may refuse to accept baggage for carriage unless it is properly and securely packed for transportation. Passengers share responsibility for ensuring that their checked baggage, as well as all items contained therein, do not suffer damage during transportation.
 
(b) Hand baggage must not exceed 6 kg in weight (excluding laptop computers; 8 kg including a laptop) and 55 cm x 40 cm x 20 cm in size. Owing to space restrictions and safety requirements, only one item of hand baggage is permitted per passenger.

(c) The free baggage allowance for checked luggage is 20 kg per passenger (for business class: 30 kg, or 40 kg for stays of 28 days or more and if both outward and return flights are booked together), unless other regulations apply (e.g. customer loyalty schemes, flights to the USA and Canada: 23 kg / 51 lbs and/or 32 kg / 71 lbs for business class / ‘relax class’ passengers). The free baggage allowance increases to 30 kg per person for stays of 28 days or more.

We recommend that no individual items of baggage weighing more than 32 kg be checked. Further information is obtainable from the Air Berlin Group Service Centre (for contact details and costs, see 2.3).

Passengers who exceed the applicable free baggage allowance are required to pay additional charges (see 5.2). The person named as the customer on the booking and to whom the invoice has been issued, and/or the passenger, is responsible for paying these charges.

(d) The baggage identification tag issued to the passenger serves as a record of the weight, and number of items, of checked baggage. Passengers are advised to attach a label with their name and address to the inside and outside of checked baggage.
 
(e) Passengers are required to collect their checked baggage as soon as it is issued by the operating airline. If the passenger does not (or refuses to) collect their baggage, the operating airline shall be entitled to charge them for any storage costs incurred.

(f) Passengers shall themselves be responsible for satisfying any customs requirements in relation to their baggage.

(g) In the event of delays, loss, destruction of or damage to their baggage, we recommend that passengers contact the Lost Luggage desk at the destination airport immediately after landing.

5.2 Excess/special baggage
(a) The carriage of baggage whose weight exceeds the applicable free baggage allowance is subject to a charge. Unless otherwise agreed, the operating carrier will make an additional charge (excess baggage charge) for baggage that exceeds the free baggage allowance. This charge must be paid prior to departure, otherwise passengers are not entitled to transportation of the baggage. The person named as the customer on the booking and to whom the invoice has been issued, and/or the passenger, is responsible for paying these charges. Excess baggage charges are as follows:
- Domestic flights: EUR 5 per kg, per one-way flight
- International flights, short-haul/medium-haul: EUR 8 per kg, per one-way flight
- International flights, long-haul: EUR 20 per kg, per one-way flight
- Special regulations for flights to the USA/Canada (‘two-piece concept’):

o Free baggage allowance: two items of baggage at 23 kg / 51 lbs each (32 kg / 71 lbs for business class / ‘relax class’ passengers)
o Excess baggage charge (more than 23 kg / 51 lbs and up to 32 kg / 71 lbs) per kg, per one-way flight: EUR 25 (on flights out of Germany) / USD 25 (on flights from the destination)
o Two-piece excess baggage charge for each additional item (from the third item of baggage) up to 32 kg / 71 lbs per one-way flight: EUR 150 (on flights out of Germany) / USD 150 (on flights from the destination)
o Excess baggage charge (more than 32 kg / 71 lbs) per item of baggage, per one-way flight: EUR 450 (on flights out of Germany) / USD 450 (on flights from the destination)

Unless expressly agreed otherwise, all items of special baggage must be pre-booked. Notification must be made in writing to the Air Berlin Group, and confirmation thereof from the operating carrier is required to ensure entitlement to transportation. The size and weight of special baggage must be stated when notifying the operating carrier.

Carriage of excess/special baggage is subject to available hold capacity and compliance with occupational health and safety regulations. For these reasons, carriage of these items may be restricted or refused. Furthermore, the Air Berlin Group Service Centre (for contact details and costs, see 2.3) must be given advance notification of excess baggage (10 kg or more), special baggage or outsized/bulky baggage at least 48 hours prior to departure, as this can be carried only if sufficient space is available.
 
(b) Sports equipment is regarded as special baggage and must, with the exception of golf equipment and other special/sports baggage as defined in 5.2 (b) (5), be pre-booked and packed separately. We advise passengers to check in sports baggage in sturdy containers. It must be recognizable as such at the check-in desk.
 
(1) The following charges apply to special types of sports baggage:

- Bicycle: EUR 25 per one-way flight
- Hang-glider: EUR 25 per one-way flight
- Parachute / paraglider: EUR 25 per one-way flight
- Bodyboard / kiteboard: EUR 25 per one-way flight
- Kayak: EUR 25 per one-way flight
- Surfboard with sail and mast: EUR 25 per one-way flight
- Diving equipment: EUR 25 per one-way flight
- Riding equipment (one pair of boots and one saddle): EUR 25 per one-way flight
- Ski equipment (one pair of skis, or one snowboard and ski boots, or one skibob per passenger): EUR 25 per one-way flight (for flights with NIKI Luftfahrt GmbH: free of charge)
- Water-skiing equipment (one pair of water skis and wetsuit): 25 EUR per one-way flight

Details of charges for other sports equipment are available on request.

(2) Diving equipment must be pre-booked with the Air Berlin Group Service Centre (for contact details and costs, see 2.3) prior to commencement of travel. Belts must be transported without lead diving weights, and compressed-air bottles must be empty. Diving lamps must be carried with the battery or bulb removed.

(3) Bicycles must be pre-booked with the Air Berlin Group Service Centre (for contact details and costs, see 2.3) prior to commencement of travel and suitably packed before being checked in. We recommend the use of a bike box or other sturdy container. Bicycles with an auxiliary engine are deemed to be hazardous items and will not be accepted for carriage. However, bicycles powered by an electric motor and equipped with a gel battery can be transported.

(4) Sports weapons and associated ammunition, or any items which, judging by their outward appearance or markings, appear to be weapons, ammunition or potentially explosive substances must be pre-booked with the Air Berlin Group Service Centre (for contact details and costs, see 2.3) prior to commencement of travel; passengers must inform the operating carrier of each item separately. We recommend that passengers carrying such items arrive at the check-in desk early on the day of departure. The operating carrier will permit such items to be carried only if they are transported as freight or checked baggage in accordance with statutory regulations covering the transportation of hazardous goods. Each passenger is permitted to carry a maximum of only 5 kg of ammunition per item of baggage. Further information will be provided at pre-booking.
 
(5) Golf equipment and other special/sports baggage does not need to be pre-booked and is carried free of charge if, taken as a separate baggage item, it does not weigh more than 30 kg (only one item of special/sports baggage being allowed per passenger). In addition to golf equipment, this includes the following:

Sports wheelchairs and associated sports equipment, pushchairs/buggies and child seats.
 
Golf equipment weighing more than 30 kg and other special/sports baggage weighing more than 30 kg is subject to the generally applicable excess baggage charges as set out in 5.2 (a) (EUR 5 / EUR 8 / EUR 20 per kg and type of route).
 
(c) Disabled passengers are each entitled to carriage of one (1) wheelchair; the operating carrier must be notified of such a requirement on booking. Restrictions apply to the carriage of motorized wheelchairs on account of the limited hold capacity. When they are checked in, such wheelchairs must be in a condition that ensures their safe handling and transportation. The carriage of medical equipment and mobility aids, including electric wheelchairs, can be guaranteed only if notification of these items has been given to the Air Berlin Group Service Centre (for contact details and costs, see 2.3) 48 hours in advance (indicating size and weight), if there is enough space on board, and if their transportation is not in conflict with the relevant provisions on hazardous goods. Further details will be provided at pre-booking.

5.3 Carriage of animals
The carriage of animals is subject to a charge. Statutory regulations covering the transportation of animals apply. Animals must be transported in a suitable, closed, leak-proof and secure carrier. For reasons of safety and space, passengers shall be entitled to carry animals if they provide notification of this intention at booking and obtain the operating carrier’s permission. The operating carrier does not accept any animals on flights to and from the United Kingdom, Ireland and Iceland. The passenger is responsible for complying with all relevant regulations with regard to necessary vaccination and health certificates, as well as entry documents. Further information on the carriage of animals can be obtained from the Air Berlin Group Service Centre (for contact details and costs, see 2.3).

The operating carrier’s charge for the carriage of aimals in the cabin (maximum dimension of pet 55 cm x 40 cm x 20 cm, up to 6 kg weight) is EUR 20 per one-way flight. The charge for carrying animals in the hold (obligatory in the event of weights of 6 kg or more) is EUR 30 per one-way flight. For flights of over 3,000 miles, the charge is EUR 60 per one-way flight. Animals that are transported in the cabin must be kept in their pet carrier at all times during the flight. The pet carrier must not be placed on a seat.
 
The operating carrier is only permitted to carry two (2) visually impaired passengers with one guide dog each (with the dogs travelling in the cabin). Guide dogs may travel only if the operating carrier has been notified of this intention at booking and has granted permission. Guide dogs are carried free of charge.

The operating carrier is entitled to refuse carriage or onward carriage for passengers or their baggage, or to remove passengers or their baggage at any point, particularly if:

- the aircraft, persons or property on board are placed at risk;
- members of the crew are hindered in performing their duties;
- the crew’s instructions, in particular with regard to smoking and the consumption of alcohol, are not followed;
- a passenger’s behaviour results in harm or injury to, or an unreasonable burden being placed on, other passengers or crew;
- there is reasonable suspicion that a passenger will carry out one of the above-mentioned acts;
- carriage would be in breach of the applicable law, regulations or requirements of the country of departure or destination, or of the country over which the aircraft is flying at the time;
- a passenger refuses to allow themselves or their baggage to be subjected to checks that might be required for security reasons;
- a passenger does not have any valid travel documents in their possession, destroys their own travel documents during the flight or refuses to hand over these documents at the request of the members of the crew against receipt;
- a passenger does not comply with the regulations required for making the journey (e.g. passport, visa and health regulations, including those for any animals accompanying the passenger);
- a passenger is unable to satisfy personnel at check-in or when boarding the aircraft that they are the person in whose name the booking was made;
- the fare, taxes, charges or surcharges (including those for previous flights) have not been paid;
- a passenger contravenes safety instructions given by the operating carrier or instructions within the scope of domiciliary rights;
- a passenger is carrying prohibited baggage.
 
The operating carrier reserves the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons. Passengers are not entitled to allocation of a specific seat.
 
Please note the following when booking XL seats:
Since XL seats are located in the rows with emergency exits, these seats are subject to special safety considerations. The operating carrier will, therefore, allocate these seats only to passengers whose physical and/or mental condition will not hinder evacuation of the aircraft in an emergency.
 
The operating carrier is entitled to demand such passengers to leave the plane, or to refuse onward carriage at any location or on all routes operated, if this is necessary to ensure the safe operation of the flight and/or to protect the passengers and crew. Moreover, the pilot in command is authorized to take any other necessary and reasonable measures to maintain or restore safety and order on board. Passengers committing any unlawful acts on board will be prosecuted under criminal and civil law.

For safety reasons, passengers are not permitted to use any personal electronic equipment during take-off and landing. The use of mobile phones is not permitted at any time during the flight. Other electronic equipment may only be used with the flight attendants’ permission.

The liability of TUIfly.com and/or the operating carrier is based on the provisions specified in the GTCC.

No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC or to waive their applicability.

These STCC Air Berlin Group and the GTCC of TUIfly.com 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 the event of conflict between these STCC Air Berlin Group and the GTCC, the latter 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 entering into 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

Information correct as at 10 November 2009