Information correct at 2012-11-21

STCC Hello

Special Terms and Conditions of Carriage

Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH in the capacity of Contracting Carrier for Carriage executed by HELLO AG (hereinafter referred to as “HELLO”) as Actual Carrier

1. Scope

1.1
These Special Terms and Conditions of Carriage (“STCC HELLO”) apply to all flights and other services for which a contract has been concluded with TUIfly Vermarktungs GmbH (hereinafter referred to as “TUIfly.com”) with reference to the General Terms and Conditions of Carriage of TUIfly.com (“GTCC”) and which are executed by HELLO and/or any agents employed in performance of HELLO’s obligations.

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. If TUIfly.com has the carriage to which the passenger is entitled handled by HELLO, HELLO is the actual carrier as defined in legislation governing carriage by air.

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

2. Contact to TUIfly.com and HELLO

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

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

2.2

All notification to be made directly to HELLO is handled by the HELLO customer service department, which can be contacted as follows:
Tel.: +41 61 325 36 00.
or info@Hello.ch

2.3
HELLO can be contacted at the following address:
Postfach 238, CH-4030 Flughafen Basel, Switzerland

3. Carriage of baggage

Passengers are entitled to a free baggage allowance as part of the contract for carriage by air. Each passenger is entitled to check in baggage weighing no more than 20 kg free of charge. Charges are payable for the carriage of any baggage which exceeds the weight of the free baggage allowance and for the carriage of special baggage. Children aged under 2 are not entitled to the above free baggage allowance, unless a seat has been booked for the child.

Random inspections will be carried out during check-in. Pointed and sharp objects (e.g. knives, scissors, manicure sets etc.) may not be carried as hand baggage and can only be carried in checked baggage.
HELLO is not liable for any objects which are rejected during security checks at the airport nor obliged to store such objects.

3.1 Hand baggage
Each passenger is entitled to take one item of hand baggage, which is not larger than 55x35x25 cm (21x14x10 inches) on board. Each passenger is further entitled to take one handbag, one coat, one laptop, one camera and one shopping bag with duty free articles on board. The total weight of your hand baggage, inclusive of the above articles, must not exceed 10 kg.

Pursuant to EC Regulation 1546/2006, passengers on all flights departing from Europe (including international flights) are permitted to carry liquids, pressurised containers (e.g. aerosols, sprays), pastes, lotions and other gel-like substances only up to a maximum quantity of 100 ml per packaging unit as hand baggage. The quantity printed on the package is decisive for compliance. The individual containers must fit completely in a resealable transparent plastic bag with a maximum capacity of 1 litre and are subject to inspection. Each passenger is entitled to carry one such plastic bag. Special regulations apply to medication and baby food. Various non-EU countries have adopted the same or similar regulations.  Passengers can obtain further details from us or from our authorised agents.

Passengers are not entitled to demand the carriage of any items which do not satisfy the above requirements and which are not suitable for transport in the hold as checked baggage (e.g. delicate musical instruments). Such items will be carried only subject to advance notification and acceptance by HELLO. As this refers to special baggage, a supplement is payable. HELLO shall assume no liability for any baggage you are obliged to leave at the check-in desk or gate, unless you sign a storage agreement. In that case, charges are payable for storage.

3.2 Special baggage
A charge of EUR 70 per route is levied for the carriage of bicycles. Bicycles must be properly packed in plastic or corrugated board, the handlebars turned inwards, the pedals removed and the tyres deflated. A flat rate of EUR 35 for outbound and return flight will be charged for the carriage of golfing equipment. The weight of diving equipment is deducted from the passenger’s free baggage allowance of 20 kg. The excess baggage charge of EUR 6 per kilo is payable for the total weight which exceeds 20 kg. HELLO must be notified in writing in advance of all special baggage. HELLO reserves the right to refuse the carriage of the above articles if they exceed the free baggage allowance of 20 kg.

3.3 Excess baggage
A charge of GBP 8 per kilo and flight is payable for baggage which exceeds the free baggage allowance. 

3.4 Loss, damage or delays in the carriage of baggage
If your baggage is damaged or lost whilst in the custody of HELLO, you are obliged to inform the HELLO ground staff immediately on arrival at the airport. Failure to do so means that HELLO will not accept any subsequent claim unless you can submit other proof.
HELLO is liable for damage caused by a delay in the carriage of baggage unless HELLO took all reasonable measures to avoid damage or if it was impossible for HELLO to take such measures. Liability for damage caused by a delay in the carriage of baggage is limited to 1000 SDR.

HELLO is liable for the destruction, loss or damage of baggage up to a sum of 1000 SDR. In the case of checked baggage, HELLO’s liability is irrespective of fault, unless the baggage was already damaged prior to carriage. In the case of non-checked baggage, HELLO is liable only for damage caused by culpable conduct on the part of the airline.

A higher liability limit applies if the passenger has submitted a special declaration at the time of check-in and paid the relevant surcharge.

In case of damage, delay, loss or destruction of baggage, the passenger is obliged to submit written notification to HELLO as soon as possible. In case of damage to checked baggage, the passenger is obliged to submit written notification within seven days; if the baggage is delayed, notification must be submitted within 21 days of delivery of the baggage.

4. Restriction or refusal of carriage

HELLO is entitled to refuse or discontinue the carriage or ongoing carriage of a passenger or a passenger’s baggage.

Passengers
If, in the considered opinion of the employees, staff or agents on board the HELLO aircraft, you behave in such a way that you endanger the aircraft, any person or items on board, you prevent the crew members from carrying out their duties, you fail to comply with the instructions of the crew, including but not limited to instructions with regard to smoking, the consumption of alcohol or drugs, if your behaviour is an unacceptable nuisance for the other passengers or the crew, if you make threats or insults, if your behaviour causes unpleasantness, physical damage or injury or mental offence to the other passengers or the crew, HELLO shall be entitled to take all steps which HELLO considers necessary to prevent the continuation of such behaviour and to take you into custody if necessary. HELLO shall then be entitled to order you to leave the aircraft at any point of your journey, to refuse onward carriage and to prefer criminal charges for the offences committed on board the aircraft.

HELLO is entitled at its own discretion to refuse to carry you or your baggage if HELLO has informed you in writing that HELLO refuses to carry you on board one of its flights at any time after the date of the written notification. HELLO is also entitled to refuse to carry you or your baggage if one or more of the following incidents occur or if HELLO, its employees or agents have legitimate reason to believe that they could occur:

a) such a measure is necessary for reasons of security;

b) such a measure is necessary in order to comply with applicable national laws, regulations or orders;

c) the carriage of you or your baggage could endanger or impair the safety or health of other passengers or the crew or constitute an unacceptable nuisance for the other passengers or crew;

d) your mental or physical condition or conduct, including any impairment caused by alcohol or drugs, constitutes a danger or risk for you yourself, the passengers, crew or property of HELLO;

e) you are unlawfully in possession of drugs or HELLO has reason to assume that you are unlawfully carrying drugs;

f) you fail to comply with reasonable instructions of the ground staff or a member of the crew;

g) you act in a threatening, abusive, offensive or disorderly manner (verbal or physical) towards a member of the ground staff or crew or a member of the public;

h) you have issued a bomb scare as a hoax or committed a criminal offence during check-in, when boarding or on board the aircraft;

i) you have been guilty of misconduct on a previous flight;

j) you have refused a security check of your person or baggage;

k) you have not paid the valid air fare, taxes, charges or supplements;

l) you are not in possession of valid travel documents or may be attempting to enter a country for which you have only transit permission or for which you do not have valid travel documents, you destroy your travel documents during the flight or refuse to hand over the travel documents to the crew on request;

m) you present a ticket which has been unlawfully acquired or which has been reported lost or stolen or which is a forgery, or you are unable to prove that you are the person stated on the ticket;

n) you present a ticket which has been issued or altered other than by HELLO or by HELLO’s authorised agents or the charterer (if applicable), or which has been damaged or defaced;

o) you fail to abide by any safety / security instructions.

If HELLO diverts the aircraft to a non-scheduled airport owing to unacceptable behaviour on your part to have you disembark, you are obliged to recompense HELLO for the costs resulting from the diversion and for consequential damage at HELLO’s reasonable discretion.

Baggage
Certain items are prohibited from carriage on board HELLO flights. These items include: weapons and explosives inclusive of fireworks; all kinds of toxic substances, radioactive material and all kinds of gas.

You are not permitted to carry the following items in your baggage:
a) items which pose a risk to the aircraft or to persons or property on board the aircraft, such as flammable substances, radioactive substances or oxidation agents, fireworks or explosives and all items which are stated in the Technical Instructions of the International Civil Aviation Organisation (ICAO) for the Safe Transport of Dangerous Goods by Air and the Dangerous Goods Regulations of the International Air Transport Association (IATA);

b) items which are prohibited from carriage under the applicable laws, regulations or orders of the country of departure or the destination country;

c) items which HELLO has legitimate reason to deem unsuitable for carriage owing to their weight, size, shape or nature or which are fragile or perishable, taking into account the type of aircraft used for the flight.

d) firearms and ammunition of all kinds, except for hunting and sports purposes, may not be carried as baggage. Firearms and ammunition for hunting and sports purposes can be carried with the prior consent of HELLO and subject to the special terms and conditions that apply to firearms and ammunition as checked baggage;

e) weapons such as antique firearms, swords, knives and similar items can be accepted as checked baggage at the discretion of HELLO; under no circumstances can such items be carried in the aircraft cabin.

f) (live or dead) animals or raw meat products of all kinds; if applicable, any other foodstuffs the transport of which across national borders may be prohibited from time to time.

g) the mortal remains of humans or

h) any other items which HELLO deems to be dangerous for the aircraft or passengers or for the safety of the flight in general.
You are not permitted to carry any money, jewellery, precious metals, computers, personal electronic devices, transferable securities, securities or other valuables, business papers, passports and other identification papers or samples in your checked baggage.

If you carry any of these items in your baggage in breach of the above prohibition, HELLO is not liable for the loss or damage of such items. You are obliged to indemnify HELLO for all claims or legal action resulting from the carriage of prohibited items in your baggage.

HELLO refuses to carry these items as baggage and is entitled to refuse onward carriage of such items if it discovers any of the above items in your baggage. HELLO is further entitled to refuse to carry any item as baggage which HELLO deems unsuitable for carriage owing to its size, shape, weight, contents or nature, for safety or operating reasons or because it constitutes an unreasonable nuisance for other passengers.

HELLO is entitled to refuse to accept baggage for carriage if, in HELLO’s reasonable opinion, it is not properly and /or securely packed in suitable containers.

For security reasons, HELLO is entitled to demand that you agree to be searched and/or scanned and permit your baggage to be searched, scanned or X-rayed. If you are not available, your baggage can also be searched in your absence to check whether you are in possession of any of the above items or of any firearms, ammunition or weapons which have not been presented to HELLO in accordance with our requirements, or if your baggage contains any such items. If you are not willing to comply with such a request, HELLO is entitled to refuse carriage of you and your baggage. If you suffer any damage from scanning or your baggage is damaged as a result of X-ray examination or screening, HELLO is not liable for such damage unless the damage is attributable to fault or negligence on the part of HELLO.

Checked baggage must bear your name or other personal identification. After you have handed over your checked baggage, HELLO takes each item of checked baggage into its custody and issues a baggage identification tag for the item. Your checked baggage will always be carried on the same flight as you wherever possible unless HELLO decides to carry it on a different flight for safety/security or operating reasons. If your checked baggage is carried on a later flight, HELLO shall deliver it to you unless your presence is required at customs clearance by law.

HELLO stipulates the maximum dimensions and weights of baggage which you are permitted to take on board. If your baggage exceeds these limits or is deemed unsafe for any other reasons, it must be carried as checked baggage, subject to the above conditions.

Subject to the above conditions, you are obliged to collect your checked baggage as soon as it is made available at the place of destination or the transfer airport. If you fail to collect your checked baggage within three months of readiness for collection, HELLO is entitled to dispose of the baggage without any liability to you.

Only the holder of the baggage receipt and the baggage identification tag is entitled to collect checked baggage. If a person claiming checked baggage is unable to present the baggage receipt and to identify the baggage by means of a baggage identification tag, HELLO shall hand over the baggage to that person only on submission of sufficient proof that he/she is entitled to the baggage.

You are entitled to take pets on board only with the prior written consent of HELLO.

The following articles may be carried only in checked baggage and may not be taken on board the aircraft in your hand baggage:
- toy weapons or other replicas, catapults, all kinds of knives, razor blades, darts, scissors, inclusive of small nail scissors, cricket and baseball bats etc.

5. Power of decision of the pilot in command

The pilot in command is authorised to take all necessary safety measures at any time. Accordingly, the pilot in command has the full power of decision in respect of passengers travelling on the aircraft, as well as loading, distribution, lashing and unloading the baggage to be carried. The pilot in command makes all decisions as to whether and in what way the flight is to be executed, any deviations from the planned route and where a landing or stopover is to be made. The foregoing also applies if the behaviour, condition, mental or physical state of a passenger is such that the cabin crew would be required to provide unreasonable assistance.

6. Electronic devices

For safety reasons, HELLO is entitled to prohibit or restrict the use of electronic equipment on board the aircraft, including but not limited to mobile phones, laptops, portable recording equipment, portable radios, cassette and CD players, DVD and MP3 players, electronic games or transmission devices, inclusive of remote-controlled toys and walkie-talkies, video recorders, camcorders and Gameboys.

Hearing aids, pacemakers and other implanted medical devices can, of course, be used at all times.

7. Seat reservations

Each passenger has his/her own numbered seat on each flight. The seat numbers are allocated during check-in. While passengers booking a flight together will normally be allocated seats next to each other or as close to each other as possible, HELLO cannot guarantee that this will be the case. Passengers are not entitled to exchange seats as they please on board, but may do so only with the consent and under the supervision of the crew.

Certain seats on board the aircraft are allocated at check-in prior to the flight. While HELLO endeavours to satisfy any special requests for seats made in advance owing to special requirements, HELLO cannot guarantee to satisfy these requests; HELLO further reserves the right to allocate or reallocate seats at any time, also after passengers have boarded the aircraft. This may be necessary for operational or security reasons.

8. Tickets

HELLO shall provide carriage only for the passenger stated in the carriage document (ticket or other carriage document). Carriage documents are not transferable. If you are not travelling with an electronic ticket, you are entitled to carriage only on presentation of a valid carriage document issued in your name. If you are travelling with an electronic ticket, you are entitled to carriage only if you can identify yourself satisfactorily and an electronic ticket has been issued in your name.

9. Carriage of children, young adults and passengers with a disability

The carriage of young people who are not accompanied by a responsible adult, passengers with a disability, expectant mothers, the sick or other persons who need special assistance is subject to a prior agreement with HELLO. Passengers with a disability who have notified HELLO of any special requirements they may have and who have been accepted by HELLO will not subsequently be refused carriage owing to such a disability or special need.

If HELLO agrees to carry a young person travelling without a responsible adult on a flight, the young person’s legally responsible parent or guardian undertakes to indemnify HELLO for all liability sustained by HELLO as a result of the carriage of the young person, notwithstanding the provisions of Article 17 of these Conditions of Carriage.

Infants are defined as children who are aged under 2 on the date of travel. Only infants of two weeks or older will be accepted for carriage. No more than two infants can be carried with one accompanying adult. Infants are not entitled to a free baggage allowance.

If an adult is travelling with more than one infant aged under two, but aged at least six months, one infant can travel on the accompanying adult’s lap; a separate seat must be booked for the other infant and the infant must travel in an approved child’s car seat. Please note that you are obliged to pay the fare for a normal seat to which you can mount the child’s car seat.

Only one infant aged six months or less is permitted to travel with any one adult. Under no circumstances can members of the crew or other passengers who are not a member of the infant’s group be expected to carry an infant on their lap.

A maximum of 15 infants can be carried on any one flight, regardless of whether they are travelling free of charge on an adult’s lap or in a separate seat.

If an infant reaches the age of two on a date between the outbound and return flight, a seat must be booked for the return journey. It is strictly prohibited to carry a small child aged two or over on an adult’s lap; there are no exemptions to this rule.

If two adults are travelling with two infants, it is normally necessary to place one adult and one infant in a different row from the other adult and infant to ensure that oxygen masks are available for all four people in each row of three seats.

Infants aged at least six months can travel in a special-purpose child’s car seat which satisfies the relevant safety requirements, provided that a separate seat has been booked for the infant. The car seat must be forward-facing, designed so that it can be secured by just one lap belt and must have a single-release five-point harness which secures the child’s pelvis, trunk and shoulders. The seat must be in good condition, all tables or trays and toys must be removed and passengers should carry the operating instructions with them wherever possible. The cabin crew will help you attach the child’s car seat to the aircraft seat, but reserves the right for safety reasons to refuse approval for an infant or child aged up to three to use a child’s car seat by during take-off and landing.

A child aged between two and three years may travel in a special-purpose child’s car seat which satisfies the relevant safety requirements (cf. description and procedures under the above section “Infants”). Under no circumstances may a child aged over 2 travel seated on an adult’s lap.

All children aged over 5 but under 12 can travel unaccompanied with HELLO subject to the following conditions:
The children must be clearly identified as “Unaccompanied minors” during the booking. All precautionary measures will be taken to ensure their safety throughout the entire flight.

The use of this service is compulsory for all children aged between 5 and 12 travelling unaccompanied. A special form must be completed by the child’s parent or guardian and presented at check-in. The form is available at all our airports.

When you come to the HELLO check-in desk with the child, you will be asked to hand over the completed form to a HELLO employee, who will then accompany the child on board the aircraft and officially hand it over to the care of a member of the crew. That person is responsible for the child during the flight. On leaving the aircraft after landing, the child will be handed over to a HELLO employee who accompanies the child through passport control, collects its baggage, takes it through customs and then hands the child over to the person stated on the piece of paper around the child's neck, after verifying the correct identity of the collecting adult. The charge for this service is EUR 30 per flight leg.

There are two options available for unaccompanied children and young people aged 12-15: the child can either be booked as an unaccompanied minor (see above, children aged 5-12), or the child can travel as an adult without any special assistance (see below, passengers aged 15-18).

Passengers must be aged at least 18 to travel as an adult. Young people aged between 15 and 18 travelling unaccompanied are subject to the same conditions as adult passengers. This means that HELLO does not offer any supervision or any kind of support for these passengers. If the young person requires assistance at the airport, you can book “Meet and assist”.

10. Punctual arrival at the airport

HELLO check-in desks open 2 hours before departure. Our check-in desks at all airports close exactly 30 minutes before departure. You run a high risk of missing your flight if you do not check-in until shortly before the desk closes. There is a risk that you will have to queue to go through security and will therefore not reach the departure gate in time. We are not obliged to carry you or your baggage if you do not appear at the departure gate on time, even if you have already checked in. You have sole responsibility for boarding the aircraft punctually when we announce that boarding has commenced. Passengers arriving at the check-in desk less than 30 minutes before departure or who do not appear at the gate for boarding lose their seat on the aircraft and are not entitled to rebook, to a refund or any other form of compensation. Check-in deadlines vary from airport to airport. Make sure you are familiar with and comply with the check-in deadlines that apply to your flight. HELLO reserves the right to allocate your seat on the aircraft to another person if you have not checked in by the check-in deadline. HELLO’s authorised agents or the charterer (if applicable) will inform you of the check-in deadline for your first flight with HELLO. You are responsible for inquiring the check-in deadlines for all subsequent flights on your journey.

You are obliged to appear at the gate no later than at the time stated by HELLO when you check in. If you fail to do so, HELLO reserves the right to allocate your seat on the aircraft to another person, to offload your baggage from the aircraft and to depart without you.

HELLO is not responsible for any losses or costs you may sustain owing to failure to comply with the conditions of this section.

11. Carriage of expectant mothers

Expectant mothers are permitted to fly without any restrictions up to the 27th week of pregnancy. A doctor’s certificate must be provided for flights during the 28th and 34th week of pregnancy, permitting the woman to begin the journey and stating the anticipated date of delivery. After the 35th week of pregnancy, expectant mothers are not permitted to fly with HELLO. Expectant mothers are obliged to present their antenatal records during check-in or at any time on request.

12. Carriage of animals

Dogs and cats can be carried but not in the cabin. They must be carried in cages in the hold. If you are travelling on the same flight as your animal, HELLO refers to this as a PET transport. If the animal is travelling alone, HELLO refers to this as a LIVE ANIMAL transport. The carriage rate for PET transports is EUR 15 per kilo. The kilo price is charged for the total weight of the pet and its cage.

You are responsible for ensuring that the pet carrier complies with the regulations of the International Air Transport Association, which specify the statutory regulations in terms of design and size. HELLO does not provide these cages.

The carriage rate for LIVE ANIMAL transports is based on the volume of the cage, as the animal is carried as freight with an air waybill. Please contact HELLO for further information.

You have sole responsibility for contacting the necessary veterinarians prior to transport to obtain information about the prescribed certificates, quarantine procedures and other formalities required for the transport of animals between the countries concerned.

13. Non-smoking flights

All HELLO flights are non-smoking flights. Smoking is prohibited in all parts of the aircraft and throughout your entire stay on board.

14. Flight schedules, delays and cancellations

14.1
The flight times for HELLO flights stated in timetables, flight schedules, on your ticket or elsewhere are not guaranteed.

14.2
HELLO shall however take all reasonable steps to carry you and your baggage within an appropriate time slot, based on the departure time stated on your ticket. When performing such measures and to prevent substantial delays, HELLO may under certain circumstances take steps to have a flight performed by a different carrier and/or aircraft on behalf of HELLO. In that case, the provisions of these Terms and Conditions shall apply in respect of HELLO’s liability for carriage in a different aircraft.

14.3
In case of delays, HELLO is not obliged to arrange alternative transport for you to enable you to reach your final destination, e.g. if you have missed any connections, either to another flight or to a connecting journey on another means of transport, nor is HELLO obliged to pay you compensation for any additional costs or losses sustained as a result of such delays. Delays may occur for a number of reasons, many of which are beyond the control of HELLO. HELLO therefore explicitly advises you to take out travel insurance to cover the financial risks of the consequences of delays.

14.4
Notwithstanding the provisions of 14.3, HELLO or its authorised agents may, at their sole discretion, offer you support in the form of food and beverages (or vouchers which can be redeemed for food and beverages) in case of delays of more than two hours; in the case of night flights, HELLO may also arrange for hotel accommodation, provided that accommodation can be acquired for all passengers booked on the delayed aircraft in a hotel which is within reasonable travelling distance from the planned departure airport.

14.5
If HELLO is unable to carry you on a flight for which you have a confirmed reservation and a valid ticket, HELLO shall pay you compensation in accordance with applicable law and the compensation regulations of HELLO for denied boarding and shall arrange alternative transport for you at HELLO’s expense. HELLO shall however not assume any further liability for consequential damage resulting from HELLO’s inability to carry you on the flight planned as part of your journey.

14.6
If a flight is cancelled for any reason whatsoever, HELLO is not obliged to arrange alternative transport for you to ensure that you reach your final destination, e.g. if you have missed any connections, either to another flight or to a connecting journey on another means of transport, nor is HELLO obliged to pay you compensation for any additional costs or losses sustained as a result of such cancellations.

15. Travel documents

You are obliged and have sole responsibility for obtaining the travel documents and any visas required for your journey and for complying with all regulations of the departure, overflown or destination countries. We are not responsible for any consequences you sustain owing to failure to obtain the necessary papers or owing to non-compliance with the relevant regulations or instructions. Before commencing the journey, you are obliged to present the entry and exit documents, health certificates and any other documents prescribed by the countries concerned and to permit us to make copies of these documents. We reserve the right to refuse carriage if you do not comply with the applicable regulations or if your documents are incomplete. We are not liable for any losses or costs sustained owing to failure to comply with the above regulations.

16. Infringement of entry regulations and the legal consequences

If you are refused permission to enter a country, you are obliged to pay the fine imposed upon us by the country concerned. You are further obliged to pay the applicable fare if we are ordered by a public authority to take you back to the place of departure or to any other destination because you are not permitted to enter a (transit or destination) country. We are entitled to use any money paid by you for non-used carriage or any funds of yours in our possession to pay for the above fare. The fare paid for carriage up to the place where you were refused entry or deported will not be refunded.

If we are obliged to pay or deposit fines or penalties or if we incur any other expenses because you have failed to comply with the valid regulations of the country relating to entry or transit, or because the documents required by these regulations are not duly available, you are obliged to reimburse us on demand for any paid or deposited sums and any expenses incurred. We are entitled to use any non-used air tickets or money in your possession to cover such outlay. The level of such fines and penalties varies from country to country and may be far in excess of the fare.

17. Liability and time limit for legal action

17.1 Liability
These provisions are based on the Montreal Convention of 28 May 1999 which was implemented in the European Community by EC Regulation No. 2027/97 as amended by EC Regulation No. 889/2002 and transposed by the national legislation of the Member States.

The liability of a Community airline is governed by the provisions of the Montreal Convention of 1999 and EC Regulation No. 2027/97 as amended by Regulation No. 889/2002. For these purposes, HELLO is deemed a Community airline. The Montreal Convention stipulates limits for the liability of airlines in case of death or injury of passengers, the destruction, loss or damage of baggage, and in case of delays.

Unless otherwise specified in the applicable Special Terms and Conditions of Carriage of a Community carrier, compensation claims filed in sovereign territories in which these provisions are not in force can be governed by the Warsaw Convention of 1929 (and all applicable amendments) which limits the carriers’ liability for death or physical injury and in respect of loss or damage of baggage.

HELLO’s liability is governed by these Special Terms and Conditions of Carriage. The liability of any other carrier involved in your journey is governed by the Terms and Conditions of the carrier concerned. Where applicable, the Convention stipulates the liability of carriers, including HELLO, in respect of damage and delays and may specify limits in that connection. Unless otherwise specified in the Convention, our liability to you for damage and delays is governed and limited by the provisions of the Montreal Convention of 1999, provided that the following conditions apply:

a) HELLO is liable only for damage occurring during carriage on flights or flight segments for which the identification code of the airline (“FHE”) is stated in the carrier box of the ticket for that flight or flight segment. If HELLO issues a ticket for carriage with another carrier, HELLO does so only as agent on behalf of the other carrier. Nevertheless, you are entitled to file a claim for checked baggage against the first or last carrier.

b) HELLO is not liable for damage resulting from compliance on our part with applicable statutory laws and regulations or for your failure to comply with such provisions.

c) HELLO is not liable for damage caused by your baggage. You are liable for all damage to other persons or property, including our property, caused by your baggage.

d) HELLO is not liable for any sickness, injury or disability, including death, which is attributable to your physical condition or for any deterioration of that condition.

d) The contract of carriage inclusive of these Terms and Conditions of Carriage and any exclusions or restrictions of liability apply to authorised agents, employees, staff and representatives of HELLO in the same way as they apply to HELLO. The total sum that can be recovered from us or from such authorised agents, employees, staff and representatives of HELLO must not exceed the maximum liability payable by HELLO itself.

In respect of any claim for recoverable damages for compensation owing to death, wounding or any other physical injury sustained in an accident occurring on board an aircraft (or in the course of boarding or disembarking) in connection with a flight for which the name HELLO or the HELLO identification code (“FHE”) is stated in the carrier box of the ticket, HELLO will not invoke the liability restriction pursuant to Article 22(1) of the Convention nor any similar restriction pursuant to applicable law, nor avail itself of any defences pursuant to Article 20 of the Convention or any similar defences pursuant to applicable law in respect of the part of the claim which does not exceed 100,000 SDR; if HELLO is notified of the identity of the person entitled to compensation immediately, but no later than within 15 days, HELLO shall remit advance payments to that person as necessary to cover the immediate financial requirements. The sum shall be calculated in proportion to the hardship sustained (in case of death, that sum shall not be less than a sum equivalent to 16,000 SDR per passenger).

Any such advance payment does not constitute recognition of liability on our part and can be offset again any sums subsequently paid by HELLO; it need be reimbursed only if the damage was fully or partly attributable to negligence on the part of the passenger or person who received the payment or if the person who received the payment was not the person entitled to compensation; HELLO reserves the right to exercise all available remedies (whether pursuant to the Convention or other) and all rights of recourse against any other person including (without limitation) claims for compensation and exemption from liability.

17.2 Limitation periods for claims and legal action
If you accept your checked baggage without filing any complaint, this constitutes sufficient proof that the baggage was in good condition and was handed over in compliance with the contract of carriage, unless you can prove otherwise. If you wish to make a complaint or file a claim for damage to checked baggage, you are obliged to notify HELLO as soon as you discover the damage, but no later than within seven (7) days of collection of your baggage. If you wish to make a complaint or file a claim for a delay in the carriage of checked baggage, you are obliged to notify HELLO within twenty-one (21) days as from the date on which the baggage was placed at your disposal. All notification in such cases must be made in writing.

All rights to compensation shall lapse if you fail to file a claim within two years of the date of arrival at the destination or the date on which the aircraft should have arrived, or the date on which carriage was discontinued. The court before which the case is heard shall decide on the method of calculation of the limitation period.

18. Data protection and data security

TUIfly.com and/or HELLO are entitled to capture, process and use personal data within the scope of performance of the contract and in accordance with the German Data Protection Act and other statutory regulations. Such data is captured, processed, used and transmitted in accordance with the intended purpose of the contract and using data processing equipment. The data is processed or used in conformance with the statutory regulations for the following purposes: making reservations, purchase of a ticket, purchase of additional services and handling payment transactions; development and provision of services, facilitating entry and customs clearance procedures. The customer authorises TUIfly.com and/or HELLO to capture, save, modify, block, delete and use the data for that purpose and to transmit it to their own branch offices, authorised representatives and to the parties who provide the above services on behalf of TUIfly.com and/or the actual carrier. TUIfly.com and/or HELLO are further entitled to disclose passport details and personal data processed and used in connection with carriage by air to public authorities in Germany and abroad (including authorities in the USA and Canada) if the authority requests disclosure of the data on the basis of mandatory statutory regulations and disclosure is therefore necessary for performance of the contract of carriage.

19. Travel insurance

The price of the flight does not include insurance cover, in particular travel cancellation insurance. We urgently advise passengers to take out such insurance when booking the journey. In case of an insurance claim, passengers are obliged to report the claim in writing to the insurer immediately. HELLO is not responsible for the settlement of claims.

20. Amendments

20.1
TUIfly.com reserves the right to amend these STCC HELLO at any time with effect for the future without obligation to notify the user. The STCC HELLO as amended from time to time are published on the website as from the date on which they come into force. On continuing to use the website after amendment of the STCC HELLO, the user declares his consent to the amendments.

20.2
No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC HELLO or to waive their applicability.

21. Verbal agreements

These STCC HELLO 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.

22. 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.

23. 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 2012-11-21 top