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Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH in the capacity of Contracting Carrier for Carriage executed by HAMBURG international Luftverkehrsg. mbH & Co. Betriebs KG as Actual Carrier

1.1
These Special Terms and Conditions of Carriage (“STCC HAMBURG international”) 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 and which are executed by HAMBURG international Luftverkehrsg. mbH & Co. Betriebs KG (hereinafter referred to as “HAMBURG international”) and/or any agents employed in performance of the company’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 HAMBURG international, HAMBURG international is the actual carrier as defined in legislation governing carriage by air.

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

Contact to HAMBURG international and to HAMBURG international customer service

2.1
All notification to be made directly to HAMBURG international is handled by the HAMBURG international customer service department, which can be contacted as follows: Tel.: +49 (0) 30 319 88 19 12 or -14 or -17, Fax: +49 (0)30- 319 88 19 20, E-mail: Kundenservice@HAMBURG-international.de.

In many cases, notification can also be submitted via the HAMBURG international website.

2.2
HAMBURG international can be contacted at the following address:

HAMBURG international Luftverkehrsgesellschaft Betriebs mbH & Co.KG
Hindenburgstrasse 171
22297 Hamburg
Germany

The following regulations apply for safety reasons and to avoid health risks to expectant mothers:

Up to 32nd week of pregnancy: HAMBURG international will carry expectant mothers subject to presentation of their antenatal medical record; as from the 32nd week of pregnancy, expectant mothers are obliged to present a doctor's certificate (issued no more than 7 days before) in addition to their antenatal medical record.
Expectant mothers will no longer be carried as from the 36th week of pregnancy.

NB:
The foregoing regulations also apply to the date of any planned return flight.

Owing to the risk of potential health damage, we recommend that newborn babies up to the age of 7 days should not fly.

Children aged between 5 and 10 are permitted to travel unaccompanied subject to prior notification of HAMBURG international and confirmation by HAMBURG international. This notification is essential for unaccompanied children aged 10 or under.

Unaccompanied children will be carried subject to presentation of an official identification document with photo, the family register or certified copy of the family register at check-in. Unaccompanied children will be carried subject to presentation of the written consent of a parent or guardian. Please note that special regulations may apply in some countries. The person who will collect/look after the child at the destination airport must be stated at check-in. The child’s parent or guardian must remain at the airport until departure.
HAMBURG international charges a processing fee of EUR 30.00 per one-way flight for the carriage of unaccompanied children.
Children are allocated to the different age groups on the basis of their age on commencement of the booked flight. The date of the return flight must be taken into account when booking special services with HAMBURG international. The child’s age is determined as the age on commencement of the return flight.

5.1
HAMBURG international is entitled to refuse acceptance of baggage if it is not packed in such a way as to ensure safe carriage. The passenger is also responsible for ensuring that the baggage and all the items it contains can withstand the transport without damage.

5.2
The maximum weight for hand baggage is 5 kg. The maximum dimensions for hand baggage are 45 x 35 x 20 cm. Each passenger is permitted only one item of hand baggage owing to the limited space and for security reasons.

5.3
Unless otherwise stated in special regulations (e.g. for holders of a TUI Gold Card, TUI Premium customers and holders of an Ö Card), each passenger is entitled to a free baggage allowance of 20 kg.
Infants (aged 0-2 years) are entitled to a free baggage allowance of 10 kg plus free carriage of one (1) pushchair or one (1) buggy or one (1) child’s car seat.

We recommend that no individual checked baggage item should weigh more than 32 kg. For further information, please contact the HAMBURG international customer service department. 
Passengers are obliged to pay extra for any baggage which exceeds the free baggage allowance (cf. Article 6.1). The person and/or passenger stated in the booking as customer and invoice recipient is responsible for payment of any excess baggage charges.

5.4
The passenger is given a baggage tag as proof of the weight and number of checked baggage items. We recommend that passengers state their name and address on and inside checked baggage.

5.5
Passengers are obliged to reclaim their checked baggage as soon as it is made available by HAMBURG international. If the passenger does not collect or refuses to accept the checked baggage, HAMBURG international is entitled to charge the passenger for any expenses sustained from storage of the baggage.

6.1
Charges are payable for the carriage of any baggage which exceeds the weight of the free baggage allowance. Unless otherwise stated, an excess baggage charge of EUR 8/kg per one-way flight will be charged for baggage which exceeds the free baggage allowance, subject to prior notification and confirmation by the airline. An excess baggage charge of EUR 10/kg per one-way flight will be charged for baggage which exceeds the free baggage allowance and which has not been registered and confirmed by the airline prior to the flight.
The charges must always be paid prior to departure; the passenger is otherwise not entitled to carriage of the baggage. The person and/or passenger stated in the booking as customer and invoice recipient is responsible for payment of any excess baggage charges.
Unless otherwise explicitly stated, the airline must be notified in advance of all special baggage. Notification can be made online or in writing to the customer service department (for contact details cf. Article 2.1 above). The passenger is entitled to demand carriage of the special baggage only if this has been confirmed by HAMBURG International. The dimensions and weight of the special baggage should be stated in the advance notification.
The carriage of excess and special baggage shall be decided on the basis of the available hold capacity and security regulations. Accordingly, HAMBURG International reserves the right to accept only a limited quantity or refuse the carriage of special baggage entirely.

6.2
Sports equipment counts as special baggage and must be separately packed. Passengers are advised to check in sports equipment in sturdy packaging. The item must be recognisable as sports equipment at check-in. The following charges apply subject to advance online registration:

Bicycles: EUR 25 per one-way flight
Surfboards/kiteboards: EUR 25 per one-way flight
Canoes/kayaks: EUR 25 per one-way flight
Hang-gliders/paragliders: EUR 25 per one-way flight
Diving equipment up to 30 kg: EUR 25 per one-way flight

The carriage of non-confirmed special baggage will be decided at check-in. The charges are higher than for baggage which has been registered online.

Bicycles have to be packed. We recommend special bicycle cases or other sturdy containers as packaging. Motor-assisted bicycles count as dangerous goods and cannot be carried unless they are powered by an electric motor and have a gel battery.

6.3
Golfing equipment must be registered in advance and will be carried free of charge on all flights until 27 March 2010 provided that no separate item of baggage weighs more than 30 kg (only one item of special/sports baggage per passenger).
Golfing equipment weighing more than 30 kg will be charged at the general excess baggage rates specified in Article 6.1.
The following regulation applies to flights after 28 March 2010:

Golfing equipment must be registered in advance and will be carried free of charge provided that no separate item of baggage weighs more than 15 kg (only one item of special/sports baggage per passenger).
Golfing equipment weighing more than 15 kg will be charged at the general excess baggage rates specified in Article 6.1. Passengers intending to carry sporting weapons and the corresponding ammunition or any items whose outward appearance or labelling give reason to believe they are weapons, ammunition or explosives are obliged to notify HAMBURG international before the journey.
HAMBURG international shall permit the carriage of such items only if they are carried as freight or checked baggage in accordance with the regulations on the carriage of dangerous goods. Further details will be provided on notification.
No notification is required for the following special/sports baggage, which is carried free of charge as part of the free baggage allowance (20 kg per adult, children aged up to 12):

Badminton, squash or tennis bag incl. max. 3 rackets,
riding equipment (1 pair boots and saddle), roller sports equipment (1 skateboard, 1 pair roller skates or inline skates), skiing equipment (1 pair skis or one snowboard and ski boots or 1 skibob per passenger), angling equipment (1 fishing rod, casting equipment), 1 pair waterskis and wetsuit.

The carriage of diving equipment is subject to prior registration and confirmation. Belts must be carried without lead, compressed air bottles must be empty. Diving lamps have to be carried as hand baggage and the battery or light bulb must be removed. A charge of EUR 25 per one-way flight is payable for the carriage of diving equipment, subject to prior online notification. The charge applies to one (1) piece of diving equipment weighing up to 30 kg.

6.4
Passengers with a disability are entitled to the carriage of one (1) wheelchair each, subject to notification prior to the flight. The carriage of motorised wheelchairs is subject to restrictions owing to the limited hold capacity. They must be handed over in a condition which ensures safe loading and transport of the wheelchair. Passengers are entitled to demand carriage of a wheelchair only if they have notified the airline in advance, stating the dimensions and weight of the wheelchair, and this has been confirmed by HAMBURG international. The regulations on dangerous goods must be observed. Further information will be provided on notification.

Charges are payable for the carriage of pets. The statutory regulations on the transport of animals apply. The pets must be carried in a suitable, closed, waterproof and secure carrier. For safety reasons and owing to the restricted space available, pets will be carried only if the airline has been notified at the time of booking and carriage has been confirmed by HAMBURG international.
The passenger is responsible for compliance with all relevant vaccination and health certificates as well as any documents required to take the pet into the destination country.

HAMBURG international charges EUR 20 per one-way flight for the carriage of a pet in the cabin (maximum dimensions of carrier 55 cm x 40 cm x 20 cm, weight up to 5 kg) subject to prior online notification.
HAMBURG international charges EUR 40 per one-way flight for the carriage of a pet in the hold, subject to prior notification online. Pets carried in the cabin must remain in the pet carrier throughout the entire flight. The pet carrier must not be placed on a seat.

HAMBURG international is entitled to carry only two (2) sight-impaired passengers, together with one guide dog each, in the cabin on any one flight. Passengers are entitled to demand carriage of the guide dog only if the airline has been notified at the time of booking and carriage has been confirmed by HAMBURG international. Guide dogs are carried free of charge.

HAMBURG international is entitled to refuse or discontinue carriage or onward carriage of a passenger or his luggage if

- carriage would jeopardise the safety of the aircraft or any person or item on board;
- the passenger obstructs the crew in the performance of its duties;
- the passenger does not obey the instructions of the crew, especially with regard to smoking or the consumption of alcohol;
- the passenger’s behaviour constitutes an unacceptable nuisance, damage or injury to other passengers or to the crew;
- there are reasonable grounds for assuming that the passenger will perform any of the above;
- carriage would be in violation of applicable law, regulations or conditions imposed by the departure, destination or overflown country;
- the passenger refuses any necessary examinations of his person or his baggage;
- the valid airfare, any applicable taxes or surcharges have not been paid;
- 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;
- the passenger cannot prove at check-in or on boarding that he is the person for whom the booking was made;
- the passenger infringes safety / security instructions of HAMBURG international or instructions issued by HAMBURG international within the scope of their rights as operator of the aircraft;
- the passenger is carrying prohibited baggage items.

If necessary to ensure safe execution of the flight or to protect passengers and crew, HAMBURG international is entitled to demand that the passenger leave the aircraft and to refuse onward carriage to any location, or on all routes operated by the airline. The pilot in command is further entitled to take all reasonable and necessary steps to maintain or restore safety and order on board. Any offences committed on the aircraft will be subject to both criminal and civil prosecution.

For safety reasons, the use of all personal electronic devices is strictly prohibited during take-off and landing. The use of mobile phones is not permitted throughout the entire flight. The use of other electronic devices is permitted only with the consent of the cabin crew.

9.1
Please refer to the provisions of the GTCC (Article 14), which are applicable. Passengers are further advised to take out baggage insurance.

9.2
If the weight of the checked baggage is not stated on the baggage tag, it is deemed agreed that the total weight of the checked baggage does not exceed the weight of the free baggage allowance for the carriage class concerned.

9.3
HAMBURG international is not liable for damage caused by a passenger’s baggage. If any items in a passenger’s baggage cause damage to the baggage of another passenger or to the property of HAMBURG international, the owner of the item shall be responsible for the damage caused.

9.4
No liability will be accepted for damage caused owing to any necessary security checks if the passenger is carrying prohibited items in checked baggage.

9.5
The carrier’s liability is limited to substantiated damage. HAMBURG international shall accept no liability for indirect damage or consequential damage.

The liability of TUIfly.com and HAMBURG international is based on the provisions specified in the GTCC.

TUIfly.com and/or HAMBURG international 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 HAMBURG international 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 HAMBURG international 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.

12.1
TUIfly.com reserves the right to amend these STCC HAMBURG international at any time with effect for the future without obligation to notify the user. The STCC HAMBURG international 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 HAMBURG international, the user declares his consent to the amendments.

12.2
No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC HAMBURG international or to waive their applicability.

These STCC HAMBURG international 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 HAMBURG international and the GTCC, the GTCC shall take precedence.

Should any individual provision be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid provision.

The contractual relationship between the passenger and TUIfly.com shall be governed by the laws of the Federal Republic of Germany, irrespective of the passenger’s nationality. Legal venue for registered traders, persons who have no general legal domicile inside the country and persons who have transferred their residence or habitual abode to a place outside Germany after 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