TUIfly.com

Information correct at 2014-07-02

STCC Hamburg Airways

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 Hamburg Airways as actual carrier (hereinafter referred to as STCC Hamburg Airways)

1. Scope

1.1
These Special Terms and Conditions of Carriage apply to all flights and other services for which a contract has been concluded with TUIfly.com with reference to the General Terms and Conditions of Carriage of TUIfly.com and which are executed by the airline Hamburg Airways (hereinafter referred to as "Hamburg Airways").

1.2
TUIfly.com is the contracting air carrier defined in legislation governing carriage by air and is party to the contract with the passenger. Hamburg Airways handles the carriage to which the passenger is entitled for TUIfly.com. Hamburg Airways is the actual air carrier defined in legislation governing carriage by air.

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

2. Contacting TUIfly.com and Hamburg Airways

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

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

2.2

Hamburg Airways can be contacted at the following address:


Hamburg Airways Luftverkehrsgesellschaft mbH

Customer Service

Paradiesstraße 206b

12526 Berlin, Germany

Kundenservice@Hamburgairways.com

Tel.: +49 (0)30 319 88 19 12 or -14,

Fax: +49 (0)30 319 88 19 20

3. Carriage of baggage

3.1.

Hamburg Airways may refuse to accept baggage unless it is properly and securely packed for safe transportation. Passengers share responsibility for ensuring that their checked baggage, as well as all the items it contains, is not damaged during transportation.

 

3.2.

The weight of hand baggage must not exceed 5 kg. The dimensions of hand baggage must not exceed 45 cm x 35 cm x 20 cm. Due to space limitations and for safety reasons, only one piece of hand baggage is allowed per person.

 

3.2.1.

In accordance with EC Regulation 1546/2006, on all flights departing from Europe (including connecting airports), passengers are only permitted to carry liquids, pressurized containers (e.g. sprays), pastes, lotions or other gel-like substances in their hand baggage up to a maximum quantity of 100 ml per packaging unit based on the quantity printed on the packaging. Individual containers must fit completely within a resealable, transparent plastic bag with a maximum capacity of one liter. The containers are subject to inspection. One bag is permitted per passenger. Special regulations apply to medications and baby food. Hamburg Airways customer service can provide information regarding these regulations. Various non-EU countries have adopted the same or similar regulations. Hamburg Airways customer service can provide further information.

 

3.3.

The limit for free hand baggage is 20 kg per passenger. The limit for free hand baggage for infants (0-2 years of age) is 10 kg in addition to free transport of one (1) stroller or one (1) buggy or one (1) car seat. We recommend that passengers do not check individual pieces of luggage that weigh more than 32 kg. Hamburg Airways customer service can provide further information. If the limit for free hand baggage applicable for the passenger is exceeded, an additional fee will be charged (cf. section 7.1). The person recorded in the booking as the customer and to whom the invoice was issued and / or the passenger is responsible for paying this additional amount.

 

3.4.

The baggage identification tag issued to the passenger serves as a record of the weight and number of pieces of checked baggage. It is recommended that passengers place a label with their name and address inside the baggage and attach another to the outside.

 

3.5.

Passengers are required to collect their checked baggage as soon as Hamburg Airways makes it available. If the checked baggage is not collected or if the passenger refuses to collect it, Hamburg Airways is entitled to any costs incurred for storage.

4. Restricted baggage

4.1.

Transportation of hazardous items is prohibited on all Hamburg Airways flights.

 

4.2.

In general, passengers are not permitted to bring the following items with them:

- Items that can put the airplane, equipment on board the plane or people at risk, in particular explosive substances, compressed gases, oxidizing, radioactive, corrosive or magnetic substances, materials that are easily flammable, poisonous or aggressive substances, and any type of liquid item or substance that is classified as hazardous in accordance with the conditions of hazardous substance regulations.

- Items that are not suitable for transport due to their weight, size or type

 

4.3.

Passengers are not permitted to transport any type of firearm, in particular guns, cutting or blunt weapons, in either hand baggage or on their person. Likewise, pressurized gas containers that can be used for purposes of attack or defense are also not permitted. The same applies to ammunition and explosive materials of any type. Absorbed fuel lighters (Zippos) are prohibited. Passengers may carry 1 gas lighter that does not use absorbed fuel on their person.

 

4.4.

The following must be transported in checked baggage: toy guns (plastic or metal), catapults, eating utensils, razor blades (both safety blades and open blades), commercially available toys that can possibly be used as weapons, knitting needles, sports rackets and other sporting and leisure equipment that can be used as weapons (e.g. skateboards, fishing rods or paddles) and any other sharp objects. The same applies to nail scissors and files, tail combs and syringes (except for documented medical purposes) and to candles or shoe insoles with a gel component, snow globes or similar decorative items regardless of size or quantity of liquid. To avoid injury, all sharp items in checked baggage are to be secured and packed safely.

 

4.5.

Passengers are advised not to transport any of the following in their checked baggage: fragile or perishable items, items of special value, e.g. money, jewelry, precious metals or stones, laptops, cameras, mobile telephones, navigation or other electronic devices, securities or other valuables or documents, samples, identification documents, house key, car keys, medications or liquids.

5. Excess / special baggage

5.1.

Fees must be paid for transporting baggage that exceeds the applicable free baggage weight limit. For baggage that exceeds this limit, unless other agreements apply, an additional carriage fee is charged in the amount of 10 EUR/kg per route for pre-registered and confirmed baggage. For baggage that is not pre-registered and confirmed, an additional carriage fee is charged in the amount of 15 EUR/kg per route. The fee must be paid before the flight departs or the passenger is not entitled to transportation of the baggage. The person recorded in the booking as the customer and to whom the invoice was issued and / or the passenger is responsible for paying this additional amount. Special baggage must be registered unless other explicit arrangements have been made. Registration must be completed online or in writing at a customer service area. The registration must be confirmed by Hamburg Airways in order to ensure carriage. The dimensions and weight of the special baggage must be indicated in the registration. The available capacity in the hold, safety regulations and labor regulations are the critical factors involved in decisions regarding the carriage of excess and special baggage. For this reason, excess and special baggage can be restricted to a limited amount or completely excluded from transport. Moreover, extra large and bulky baggage can only be transported if there is space available, so it must be registered with customer service by 72 hours before departure.

 

5.2.

Sports baggage is special baggage and must be packed separately. We recommend checking sports baggage in sturdy packaging. It must be recognizable as sports baggage at check-in. An additional fee is charged for transporting sports baggage. Hamburg Airways can provide information regarding the amount of the fee. Transportation of sports baggage must be registered with Hamburg Airways before departure.

 

5.3.

The following special / sports baggage does not have to be registered and is transported for free within the limit for free baggage (20 kg per adult or child up to 12 years of age).

• Badminton, squash or table tennis bags with up to 3 rackets

• Riding equipment (1 pair of boots and saddle)

• 1 skateboard, 1 pair of roller skates or 1 pair of inline skates

• Fishing (1 rod, casting equipment)

• 1 pair of water-skis and suit

 

5.4.

Up to two (2) mobility aids per disabled passenger can be transported and must be registered when the booking is made. Restrictions apply to motorized wheelchairs due to limited available hold capacity. When such wheelchairs are checked in, they must be in a condition that ensures their safe handling and transport. The passenger is entitled to this transportation only if the intent to bring the wheelchair is registered by 72 hours before departure, including its dimensions and weight, and if Hamburg Airways confirms the registration. In particular, compliance with hazardous substance regulations must be ensured. Further details will be provided at registration.

5.5.

Fees will be charged for transporting animals. The legal regulations for transporting animals apply. The animals must be transported in a suitable, closed, leak-proof and escape-proof carrier. For safety reasons and space capacity, entitlement to transportation of the animal will be granted only if it was registered and confirmed by Hamburg Airways at the time of booking. The passenger is responsible for complying with all of the requirements for the respective vaccination and health certificates and entry documents.

 

5.5.1.

For transporting an animal in the cabin (maximum carrier dimensions 55 cm x 40 cm x 20 cm, weight up to 5 kg), Hamburg Airways charges a fee of 20 EUR per route when the transport is pre-registered online. For transportation in the hold, Hamburg Airways charges a fee of 40 EUR per route when the transport is pre-registered online. Animals transported in the cabin may not leave the carrier during the flight. The carrier must not be placed on the seat(s).

 

5.6.

On each flight, Hamburg Airways is permitted to transport only two (2) visually impaired passengers with guide dogs in the cabin. Entitlement to transportation of the guide dog will be granted only if it was registered and confirmed by Hamburg Airways at the time of booking. The guide dog will be transported for free.

6. Booking and registration for infants, children and adolescents

6.1.

To prevent health risks, it is recommended that newborn infants up to the age of 7 days do not fly.

 

6.2.

For infants (up to the age of 2), the price charged for all routes is 10% that of the price for an adult. For children between 2 and 12 years of age, the price is 75% that of the adult price and is subject to taxes, fees and kerosene surcharge.

6.2.1.

One infant is permitted to accompany each adult. Only one infant is permitted per row of seats.

6.3. Attention:

Suitable proof of identity (inclusion on the passport of the parent/guardian or the child's own passport) must be submitted for children and infants as well. Unaccompanied children between 5 and 11 years of age are permitted to fly if the unaccompanied children are pre-registered online with Hamburg Airways and if Hamburg Airways confirms the registration. Registration of unaccompanied children up to the age of 11 is imperative.

 

6.4.

A child between 5 and 11 years of age who is accompanied by a person who is at least 16 years of age is not considered an unaccompanied child according to the section above.

 

6.5.

Children/infants who are not yet 5 years of age are not permitted to fly unaccompanied unless: they are accompanied by a brother or sister who is at least 16 years of age or by a person who is at least 18 years of age. In either case, the parent/guardian must submit a written declaration of consent for the trip.

6.5.1.

Unaccompanied children shall be transported if an official identity document with a photograph is presented at check-in, or if the German family record book or a certified copy of it is submitted. The parent/guardian must submit a written declaration of consent for the trip. If the parents/guardians are separated or divorced, both must submit a written declaration of consent.

6.5.2.

Please note that in different countries, special rules may apply. Customer service can provide further information during registration/booking. The name of the person picking up the child at the destination airport must be given at check-in. The parents/guardians must wait at the airport until the flight departs.

6.5.3.

The processing fee for transporting unaccompanied children is 40 EUR per route. The age of the child at the time the booked flight is boarded applies for classifying the child into the respective group. When claiming entitlement to special Hamburg Airways services, the date of the return flight applies. The age of the child when boarding the return flight applies.

7. Carriage of expectant mothers

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

Up to the 32nd week of pregnancy, Hamburg Airways shall provide carriage for expectant mothers who submit current records of health care during pregnancy (German: Mutterpass); after the 32nd week, a "fitness to fly" certificate from a doctor is required. This certificate should not have been issued more than 7 days prior to either the departing or returning flight. Beyond the 36th week of pregnancy, expectant mothers are not permitted to fly.

Attention:

The rules listed above are also to be observed with respect to the date of a planned return flight.

8. Carriage of passengers with plaster casts

Passengers with plaster casts are advised that up to seven (7) days after the bone fracture, the cast must be split / open during transportation to avoid health risks (including the risk of thrombosis). In cases where the fracture occurred more than seven (7) days prior to the flight, the passenger can also be transported with a closed cast. If the passenger requires additional space on the airplane due to the cast, the airline must be notified in advance. This notification should be made at least 48 hours before boarding the flight; otherwise, the airline is entitled to refuse carriage in accordance with section 11.

9. Passenger behavior; restriction and refusal of carriage

9.1.

Hamburg Airways is entitled to refuse carriage or onward carriage for passengers or their baggage if:

• The airplane, a person or property on board is placed at risk

• Members of the crew are hindered in performing their duties

• The crew's instructions, in particular regarding smoking and the consumption of alcohol, are not followed

• The passenger's behavior results in harassment, harm or injury to other passengers or the crew

• There is a reasonable suspicion that the passenger will carry out one of the acts listed above

• Carriage would be in violation of the applicable law, regulations or requirements of the country of departure or destination or of the country over which the airplane is currently flying

• The passenger refuses to allow the checks required for security reasons with regard to their person or baggage

• The passenger has not paid the applicable price for the flight, related taxes, surcharge or other fees;

• The passenger does not have any valid travel documents is his or her possession, destroys these travel documents during the flight or refuses to submit the travel documents at the request of the crew in exchange for a confirming receipt

• The passenger does not comply with the regulations required for travel (e.g. passport, visa or health regulations, including those regarding animals brought along on the flight

• At check-in or boarding, the passenger is unable to prove that he or she is the person for whom the booking was made

• The passenger violates Hamburg Airways safety instructions or instructions regarding airline regulations

• The passenger is carrying restricted baggage

• The passenger did not notify the airline in time regarding the need for extra space due to a plaster cast

 

9.2.

Hamburg Airways is entitled to reassign seats, even after the airplane has been boarded. This may be necessary for operational, safety or security reasons. Passengers are not entitled to the allocation of a specific seat.

 

9.2.1. When reserving "exit seats", please note the following:

Because "exit seats" are located in rows with emergency exits, these seats are subject to special safety considerations. Hamburg Airways allocates these seats only to passengers whose physical and/or mental conditions will not hinder evacuation of the airplane in an emergency.

 

9.3.

If it becomes necessary in order to ensure the safe operation of the flight and/or to protect the passengers and crew, Hamburg Airways is permitted to require such passengers to leave the airplane or to refuse onward carriage at any location or on any route in the entire route network. 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 shall be prosecuted under criminal and civil law.

 

9.4.

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

10. Damaged / lost baggage

10.1.

Reference is made to the provisions of the general terms and conditions (section 13) and to the legal references in section 13. These apply here. Furthermore, the purchase of baggage insurance is recommended.

 

10.2.

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.

 

10.3.

Hamburg Airways is not responsible for damage caused by a passenger's baggage. If any items in a passenger's baggage damage the baggage of another passenger or the property of Hamburg Airways, the baggage owner is liable for this damage.

 

10.4.

If the passenger is carrying prohibited items in checked baggage, damage to that baggage that could be caused by required security checks is excluded from liability. (Section 6: Security regulations / restricted baggage)

 

10.5.

The liability of the air carrier is limited to the proven damage. Hamburg Airways is not liable for indirect and consequential damages.

11. Miscellaneous

Should one or more clauses in these conditions of carriage be or become invalid, this shall not affect the validity of the remaining clauses.

12. Legal references

12.1.

Notice pursuant to the annex to EC regulation 889/2002 regarding the modification of EC regulation 2027/97 of the council concerning the liability of air carriers in case of accidents:

APPENDIX:

Liability of air carriers for passengers and their baggage: This information summarizes the liability rules applied by Community air carriers (an air carrier with a valid operating license granted in accordance with EU regulations) as required by Community legislation and the Montreal Convention.

Compensation in case of death or injury: There is no maximum sum in terms of liability in case of passenger death or injury. For damages up to SDR 100,000 (equivalent sum in local currency), the air carrier 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.

Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment within 15 days from the identification of the person entitled to compensation in order to cover immediate economic needs. In case of death, this advance payment shall not be less than SDR 16,000 (equivalent sum in local currency).

Passenger delays: The air carrier 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 4,150 (equivalent sum in local currency).

Baggage delays: The air carrier 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 1,131 (equivalent sum in local currency).

Destroyed, lost or damaged baggage: The air carrier is liable for the destruction or loss of or for damage to baggage up to a sum of SDR 1,131 (equivalent sum in local currency). In case of checked baggage, if the baggage was not damaged prior to carriage, the carrier is liable even if it is not at fault. With regard to checked baggage, the air carrier is only liable if its actions are negligent or it is otherwise at fault.

Higher liability limit for baggage: A higher liability limit applies if the passenger submits a special declaration at check-in or earlier and pays a surcharge.

Fees: Value less than 2,500 EUR - 100 EUR, value greater than 2,501 EUR - 4% of the value

Complaints regarding baggage: If baggage is damaged, delayed, lost or destroyed, the passenger must submit a written complaint to the air carrier as soon as possible. If checked baggage is damaged, the passenger must submit a written complaint within seven days; if the baggage is delayed, the written complaint must be submitted within 21 days after it was made available to the passenger.

Liability of the contracting and operating air carriers: If the air carrier that actually carries out the flight is not the same as the contracting air carrier the passenger may address complaints to or make claims for damage against either carrier. If the name or code of an air carrier is indicated on the ticket, that carrier is the contracting air carrier.

Time limit for court 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 should have arrived.

Basis for this information: These provisions are based on the Montreal Convention of 28 May 1999, which is implemented in the European Community by EC regulation 2027/97 as amended by EC regulation 889/2002 and by national legislation of the member countries. If the receiving party accepts baggage without reservation, a rebuttable presumption is established that the baggage was delivered undamaged in accordance with the title of transport.

The liability of the air carrier is limited to the proven damage in all cases. The compensation payable for the damage shall be reduced in the case of contributory negligence. The liability provision specified in Art. 20 of the Montreal Convention shall also apply.

 

12.2.

Notice pursuant to EC regulation 261/04:

This information summarizes the liability rules applied by Community air carriers (an air carrier with a valid operating license granted in accordance with EU regulations) as required by Community legislation and the Montreal Convention in case of cancellation, flight delay and/or refusal to allow boarding. The regulation applies only if the passenger has a confirmed booking for the respective flight, arrived at the specified time (excepting the case of a flight cancellation) and is traveling at a fare available to the public. Claims to the compensation listed below may be excluded if the incident is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken (e.g. poor weather conditions, political instability, strikes, security risks, unexpected flight safety problems). The passenger is not entitled to these benefits if he or she was excluded from the flight for justifiable reasons, e.g. related to health, general or operational safety or inadequate travel documents.

According to EC regulation 261/2004, delays exist when departure is delayed based on the scheduled departure time by 4 hours for flights of more than 3,500 km, by 3 hours for flights between 1,500 and 3,500 km and for flights of more than 1,500 km within the EU, and by 2 hours for flights up to 1,500 km.  If a significant delay is foreseeable, the passenger is entitled to receive assistance and support services from the airline. These services include the provision of appropriate refreshments based on the waiting time, hotel accommodations if necessary, and the opportunity to make two short telephone calls, faxes or e-mail communications. The airline does not have to provide the assistance services if providing the services would cause the flight departure to be delayed longer. In case of delays of more than 5 hours, the passenger is entitled to a refund for the ticket relating to those sections of the journey (legs) that have not been completed, and for sections of the journey that have already been completed only to the extent that the flight, in view of the passenger’s original travel plans, has become pointless. If appropriate, the passenger is entitled to a return flight to the first departure airport at the earliest possible opportunity. In the case of package tours, the provisions of the package tours directive (90/314/EEC) shall apply, so that in the case of a cancellation very high cancellation costs may possibly be incurred. In case of a voluntary or compulsory exclusion from the booked flight in the event of an overbooking, the passenger is entitled to receive assistance services from the airline and a refund to the extent already described.

In addition, the passenger shall be offered alternative carriage to the final destination of the booked flight. This replacement carriage shall be carried out at the earliest possible time and is subject to comparable terms. Subject to the availability of seats, passengers can instead travel to their final destinations at a later time as requested, although in this case, the passenger shall pay the costs for refreshments, hotel and transfer. Passengers excluded from the flight against their will are also entitled to compensation (in cash, by cheque or bank transfer or, subject to their agreement, in the form of a voucher). The value of this payment depends on the distance of the planned journey and the alternative carriage offered. For flights of up to 1,500 km the compensation payment is 250 EUR, 400 EUR for flights between 1,500 and 3,500 km and flights within the EU of more than 1,500 km, and for all other flights 600 EUR. If the passenger is offered an alternative flight that arrives no later than 2 hours after the scheduled arrival time of the originally booked flight (for flights of up to 1,500 km), no later than 3 hours later (for flights between 1,500 and 3,500 km), and no later than 4 hours later (for all flights of more than 3,500 km), the compensation payment shall be just 50% of the above-mentioned payment, i.e.125 EUR, 200 EUR and 300 EUR. If the flight for which the passenger has a confirmed booking has been cancelled, the passenger also has the same rights to alternative carriage, assistance services, refund and compensation payment as listed above. The passenger is not entitled to compensation if the flight was cancelled due to exceptional circumstances. Likewise, passengers is not entitled to compensation if they receive information regarding the cancellation at least 14 days before the booked departure, or between 14 days and 7 days before the booked departure and the departure of a flight offered as an alternative departing no more than 2 hours before the original departure time and arrival no more than 4 hours after the planned arrival time, or between 7 days before the booked departure and the departure of a flight offered as an alternative departing no more than 1 hour before the original departure time and arriving nor more than 4 hours after the planned arrival time.

The appropriate ombudsman for the purposes of the regulation is German Federal Aviation Office (Luftfahrtbundesamt), Hermann-Blenk-Str. 26, 38108 Braunschweig, Germany.

Attention: This information is required in accordance with EC regulation 889/2002 and in accordance with EC regulation 261/2004. However, this information does not constitute the basis of a claim for damages, nor can it be used to interpret the provisions of the Montreal Convention.

13. Liability

TUIfly's liability is based on the provisions specified in the General Terms and Conditions and Carriage.

14. Amendments

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

15. Verbal agreements

The Hamburg Airways STCC and TUIfly.com GTCC contain all agreements 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 the STCC of Hamburg Airways and the GTCC, the GTCC shall take precedence.

16. 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.

17. 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 business persons, 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 agreement shall not apply within the substantive scope of the Warsaw Convention or the Montreal Convention.

User:
TUIfly Vermarktungs GmbH
Karl-Wiechert-Allee 23
30625 Hanover
Germany

Registration No.: HRB 55840 / Court of registration: District Court of Hanover 
VAT No.: DE 171612631

Managing directors: Olaf Petersenn, Dr. Oliver Dörschuck

Information correct at 2014-07-02 top