TUIfly.com

Information correct at 2014-07-21

STCC Germania

Special Terms and Conditions of Carriage

Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH (hereinafter referred to as TUIfly.com) in the capacity of Contracting Carrier for Carriage executed by Germania Fluggesellschaft mbH as Actual Carrier (hereinafter STCC Germania)

1. Conclusion of Contract / Contracting Parties

1.1
These Special Terms and Conditions of Carriage ("STCC Germania") apply to all flights and other services for which a contract has been entered into with TUIfly.com with reference to the General Terms and Conditions of Carriage ("GTCC") and which are executed by Germania Fluggesellschaft mbH (hereinafter referred to as Germania).

1.2
TUIfly.com is the contracting carrier as defined in legislation governing carriage by air and the party to the contract with the passenger. TUIfly.com shall have the carriage to which the passenger is entitled handled by Germania; Germania is the actual carrier as defined in legislation governing carriage by air.

1.3
In addition to these STCC Germania, the GTCC of TUIfly.com also apply. In case of conflict between these STCC Germania and the GTCC, the GTCC shall take precedence.

2. Contact Addresses for TUIfly.com and Germania

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

TUIfly Vermarktungs GmbH
Karl-Wiechert-Allee 23
30625 Hannover
Germany

2.2
Germania can be contacted at the following address:

Germania Fluggesellschaft mbH
Riedemannweg 58
13627 Berlin
Germany
Tel.: 01805 / 737100 (EUR 0.14 /min)
Fax: + 49 (0) 30 / 522808361

Service Centre: 01805/737100 EUR 0.14/minute from a German land line
Internet: www.flygermania.de

3. Additional Services booked directly with Germania

3.1
For information about the current charges for additional services which can be booked directly with Germania please visit the Germania website or phone Germania directly.

3.2
All charges for additional services reserved directly with Germania are payable immediately on confirmation and are to be settled directly with Germania by credit card or by direct debit (provided there are a minimum of 7 working days between booking and travel date) from a German bank account to be specified by the customer. No down payments are possible. If a credit card company or a bank refuses to settle the payment due pursuant to the contract with Germania for a reason for which the customer is responsible, the customer is liable to pay Germania a lump sum of EUR 10 for the reverse debit procedure. Under German law, the customer is entitled to prove that Germania sustained only substantially lower damage or no damage at all.

3.3
The passenger is liable to Germania for any expenses resulting from the cancellation of payments.

4. Holiday flight during pregnancy

The following regulations apply in the interests of safety and to avert health risks for pregnant women: pregnant women will be carried up to the end of the 36th week of pregnancy. This deadline applies to both outbound and return flights. Germania is entitled to demand presentation of the woman's antenatal medical record. 

To avoid health risks, pregnant women are advised to consult their doctor before making the journey.

5. Carriage of baggage

5.1 Hand baggage and checked baggage

5.1.1
The limit for free hand baggage is 6 kg (dimensions: 45 cm x 35 cm x 20 cm).

For flights that depart on or before 30 Apr. 2014, the free baggage limit is 20 kg per person (this also applies for infants not yet 2 years of age who do not have their own assigned seats).

For flights that depart on or after 1 May 2014, booked on or before 31 Jan. 2014, the free baggage limit is 20 kg per person (this also applies for infants not yet 2 years of age who do not have their own assigned seats).

For flights that depart on or after 1 May 2014, booked on or after 1 Feb. 2014, the free baggage limit is 20 kg per person (older than 2 years of age). For infants not yet 2 years of age who do not have their own assigned seats, the free baggage limit is 10 kg in addition to a buggy or a child seat or a crib.

The respective conditions are applicable as long as special rules (e.g. charter contracts) do not specify otherwise. For general and occupational safety reasons, checked baggage may not be heavier 32 kg regardless of the limit for free baggage. Due to space limitations and for safety reasons, only one piece of hand baggage is allowed.

5.1.2
The passenger is given a baggage tag as proof of the weight and number of checked baggage items. Checked baggage must state the passenger's name and address. Any infringement of this provision can release the airline from its liability.

5.1.3
Germania is entitled to refuse acceptance of checked baggage if the item is not packed in such a way as to ensure safe carriage. The passenger is responsible for ensuring that checked baggage can withstand adverse effects of handling during transport without damage. Germania and TUIfly.com accept no liability for losses from baggage which was not locked when checked in.

5.1.4
Checked baggage is carried on the same flight as the passenger, unless the carrier believes that such carriage is not feasible; in that case, the carrier shall carry the baggage on one of its next flights, in compliance with the security provisions (security check; baggage identification).

5.1.5
On scheduled domestic German flights, Germania's liability to pay compensation for failure to carry baggage and passenger on the same flight and for delays of up to 48 hours is restricted to reimbursement of 100% of the cost of a standard set of toiletries, on presentation of the receipt, up to a maximum sum of EUR 40. 50% of the cost of items of lasting value, such as clothing, razors etc., will be reimbursed on presentation of the receipts.

Replacement purchases will be reimbursed only at a reasonable level, up to a total maximum sum of EUR 100. No replacement purchases or other expenses will be reimbursed for delays of less than 12 hours.

5.1.6
The checked baggage can be reclaimed at the destination airport stated on the baggage tag. Passengers are obliged to claim their baggage at the destination airport or at a stopover airport.

5.1.7
Germania does not offer a delivery service for baggage to and from the airport. On no account shall Germania accept liability for delivery services offered by third parties.

5.2 Special and Excess Baggage

5.2.1
Charges are payable for the carriage of excess/special baggage (i.e. baggage over and above the free baggage allowance, and items such as sports equipment, pets and weapons). The charges must always be paid prior to departure; the passenger is otherwise not entitled to carriage of the baggage.

5.2.2
Germania must be notified in advance of all items of special and/or excess baggage at Tel.: +49 (0)30-522808 266 or Fax  +49 (0)30-522808 245, as only limited hold capacity is available over and above the free baggage allowances.
Passengers are entitled to demand carriage of the baggage only when this has been confirmed by Germania. Decisions on the carriage of special baggage shall also be based on the available capacity and the safety regulations. Accordingly, the carriage of special baggage may be restricted in terms of quantity or entirely refused.

5.2.3
Bicycles must be packed. The handlebars must be turned inwards, the front wheels locked, the pedals removed and the air let out of the tyres.

5.2.4
Golfing equipment must be suitably packed. This also applies to other sports equipment.

5.2.5
Passengers with a disability are entitled to the carriage of one (1) wheelchair each. This must be stated at the time of booking. For safety reasons, the number of wheelchairs (WCHC) carried per flight is restricted. Motorised wheelchairs cannot be carried owing to the restricted hold capacity. Passengers are entitled to carriage of a wheelchair only if they have notified Germania in advance, stating the dimensions and weight of the wheelchair, and this has been confirmed by Germania. The regulations on dangerous goods must be observed. Further information will be provided by Germania on notification.

5.2.6
Further criteria also have to be observed concerning the carriage of pets. For safety reasons and owing to restricted space, passengers are entitled to demand carriage of the pet only if they have notified Germania in advance and the carriage has been confirmed by Germania. Germania shall decide whether and how the animal can be carried in each individual case.

5.2.7
Germania is authorised to carry only two (2) sight-impaired passengers, together with their guide dogs, in the cabin on any one flight.  For safety reasons and owing to restricted space, passengers are entitled to demand carriage of the guide dog only if they have notified Germania in advance and the carriage has been confirmed by Germania.

5.2.8
The following provisions apply to all special baggage:
Germania and TUIfly.com accept no liability for any damage to special baggage during their flights. When checking in special baggage, passengers are obliged to sign a waiver exempting Germania and TUIfly.com from all responsibility whatsoever. Owing to the restricted space available during the flight, passengers are always obliged to notify Germania in advance of any special baggage. Passengers are obliged to protect special baggage by means of sturdy packaging.

6. Refusal or restriction of carriage

6.1
Germania is entitled to refuse or discontinue carriage or onward carriage of a passenger or his luggage in case of one or more of the following conditions:

6.1.1 carriage would be in violation of applicable law, regulations or conditions imposed by the departure, destination or overflown country

6.1.2 carriage would jeopardise the safety or health of the other passengers or crew, or constitute an unreasonable nuisance for the other passengers or crew

6.1.3 the passenger's mental or physical condition, inclusive of any impairment caused by the influence of alcohol or drugs, constitutes a danger or risk for the passenger himself, for the other passengers, for the crew or for items of property

6.1.4 the passenger refuses any necessary medical examinations or security checks of his person or his luggage

6.1.5 the valid airfare, any applicable taxes or surcharges have not been paid

6.1.6 the passenger is not in possession of valid travel documents, destroys his travel documents during the flight or refuses to hand over the travel documents on request by the crew in return for confirmation of receipt

6.1.7 the passenger fails to state a booking number or states an incorrect booking number, or the booking number stated does not correspond to the passenger's identification document, or the passenger cannot prove that he is the person for whom the booking was made

6.1.8 the passenger infringes safety / security instructions of Germania or instructions issued by TUIfly.com or Germania within the scope of their rights as operator of the aircraft

6.1.9 the passenger is carrying prohibited baggage items

6.1.10 the passenger has in the past already committed one of the above acts or omissions which jeopardised the safety or health of the other passengers, the crew or the property of TUIfly.com or Germania or if TUIfly.com or Germania have banned the passenger from entering their premises.

6.2
Carriage by Germania is restricted to the flights covered by the contract of carriage and does not cover connecting flights. Germania is not responsible for ensuring that the passenger reaches his connecting flight and assumes no guarantee in that respect.

7. Carriage of infants, children and adolescents

7.1 Infants

7.1.1
Newborn babies aged under 48 hours will not be carried to avoid potential health damage.

7.1.2
Babies/infants (up to the age of 2) who are not entitled to a seat of their own or to free baggage allowance are carried free of charge on the lap of their parent, guardian or accompanying person.  The airline must be notified in advance for safety reasons. Passengers are advised to make a free seat reservation. Infants can only be carried when accompanied by an adult. For safety reasons, each adult passenger is entitled to accompany no more than one infant. The total number of infants which can be carried per flight is also restricted owing to safety reasons.

7.2 Child restraint systems

7.2.1
In addition to the use of loop belts as infant restraints, Germania also accepts special child restraint systems (CRS) for infants and children. Suitable CRS for use in Germania aircraft are:
a. CRS approved by the competent authority of a JAA member state, the FAA or Transport Canada exclusively for use in aircraft and appropriately labelled.
b. CRS approved for use in motor vehicles pursuant to UN Standard ECE R 44, -03 or a later version, or
c. CRS approved for use in motor vehicles and aircraft pursuant to Canadian standard CMVSS 213/213.1, or
d. CRS approved for use in motor vehicles and aircraft pursuant to US-American standard FMVSS No. 213 and bearing a sticker with the following wording in red print:
1. "THIS CHILD RESTRAINT SYSTEM CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS" and
2. "THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT"

The following regulations must be observed:
• Passengers have to bring their own CRS on board.
• Only CRS with a maximum width of 43 cm fit on the seats in GERMANIA aircraft.
• Only CRS which are approved for use with a two-point seat belt (lap belt) may be used.
• If the backrest of the CRS is adjustable, it must be in the upright position during take-off, landing, when the "Fasten seatbelts" sign is on, and in emergency situations.
• Whenever possible, CRS must be installed on a window seat. For reasons of evacuation, a CRS may be installed on a middle seat only if the window seat remains vacant.
• CRS may not be installed on aisle seats, in the row of seats at emergency exits or in rows before or behind emergency exits, in the first three or last two rows of seats.
• The person accompanying the infant must sit in the seat directly beside the CRS and is responsible for ensuring that the CRS is correctly installed on the passenger seat and the child correctly secured in the CRS.

7.2.2
Experience has shown that the following models with the quality seal "For use in aircraft" issued by TÜV Rheinland are particularly suitable:

Maxi Cosi Mico
ID No.: 8011000571
Weight: 0-10 kg
Size of infant: max. 75 cm

Storchenmühle Maximum
ID No.: 2711305500
Weight: 0-10 kg
Size of infant: max. 75 cm

Maxi Cosi Citi
ID No.: 8811410300
Weight: 0-13 kg
Size of infant: max. 75 cm

Römer King Quickfix
ID No.: 8811400300
Weight: 9-18 kg
Size of infant: max. 98 cm

7.2.3
Passengers who intend to use a child restraint system are obliged to notify the Passage department, Tel.: +49 (0) 30 52280-8266, 9 – 16 h on weekdays, no later than 2 working days before departure.

7.2.4
A separate seat has to be booked for a child's fare for carriage of an infant in a child restraint system.

7.2.5
The crew is entitled to refuse the use of a child restraint system on board, even if booking has been confirmed, if compliance with safety regulations cannot be ensured (e.g. if the child restraint system is faulty or cannot be properly attached to the aircraft seat). Passengers are not entitled to demand this type of carriage. If the child restraint system is not used or may not be used, it must be properly stowed as hand baggage.

7.2.6
If no CRS is used, infants/babies are carried on the lap of the accompanying adult pursuant to EU-OPS 1.320 and EU-OPS 1.730 and secured by means of a loop belt which is attached to the seat belt of the accompanying person.

7.3 Unaccompanied children

7.3.1
Unaccompanied children (aged 5 – 11) will be accepted for carriage subject to prior notification of Germania, Tel.: +49 (0)30-52280 8266 or Fax +49 (0)30-52280 8245 no later than 2 working days before departure. However, only a limited number of unaccompanied children aged under 12 can be accepted on any one flight.

7.3.2
Unaccompanied children will be carried subject to presentation of the written consent of a parent or guardian at check-in.
Please note that additional regulations may apply in this respect in some countries. A processing fee of EUR 30.00 per route is charged for the carriage of unaccompanied children.

7.4 Adolescents
Unaccompanied adolescents (aged 12 or over) will be carried subject to presentation of the written consent of a parent or guardian at check-in.

7.5
Suitable identification also has to be presented for children and infants (entry in the passport of the parent or guardian/ child's own passport).

7.6
Children are allocated to the different age groups on the basis of their age on commencement of the individual flight concerned.

7.7
Germania does not provide an accompanying person or supervision for minors, neither during check-in nor during the flight; Germania accepts no liability for any consequences of children travelling alone or without supervision.

8. Behaviour on board

8.1
If a passenger behaves in such a way on board the aircraft that
• the aircraft, any person or items on board are in danger, or
• the crew members are prevented from carrying out their duties, or
• if the passenger fails to comply with the instructions of the crew, in particular with regard to smoking, the consumption of alcohol or drugs,

or

• the passenger's behaviour is an unacceptable nuisance for the other passengers or the crew, or leads to damage or injury,
Germania is entitled to take any reasonable necessary steps to prevent further consequences of such behaviour.
If necessary and reasonable, Germania is entitled to order the passenger to leave the aircraft, to refuse further carriage of the passenger on any connecting flights at any location or to refuse to carry the passenger on its entire route network. Criminal and civil proceedings will be taken against any passengers who commit such an offence on board a Germania aircraft.

8.2
All Germania flights are non-smoking.

9. Liability

The liability of TUIfly.com and Germania is based on the provisions specified in the General Terms and Conditions of Carriage.

10 Personal Data

10.1
The passenger permits TUIfly.com and Germania, within the scope of the relevant legislation, to store all personal data disclosed to TUIfly.com and/or Germania or an authorised agent by the passenger for the purpose of flight reservation.

(a) This data is important for additional services, such as investigating baggage fraud, averting and/or proving air ticket fraud, for compliance with import/export regulations and for disclosure to the authorities.

(b) TUIfly.com and Germania are further authorised to disclose such personal data for the aforesaid purposes to their own offices, authorised agents, other airlines, other service providers and to public authorities in Germany and abroad.

11. Amendments

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

12. Verbal Agreements

These STCC Germania 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 case of conflict between these STCC Germania and the GTCC, the GTCC shall take precedence.

13. Severability Clause

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.

14. Applicable Law and Legal Venue

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:

TUIfly Vermarktungs GmbH
Karl-Wiechert-Allee 23
30625 Hannover
Germany

Registration No.: HRB 55840 / Court of Registration Amtsgericht Hannover
VAT No.: DE 171612631
Managing Directors: Olaf Petersenn, Dr. Oliver Dörschuck

Information correct at 2014-07-21 top