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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 Jet4you as Actual Carrier (hereinafter referred to as STCC Jet4you)

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 Jet4you (hereinafter referred to as “Jet4you” or “JFU”)

1.2
TUIfly.com is the contracting carrier as defined in legislation governing carriage by air and the party to the contract with the passenger. TUIfly.com will have the carriage to which the passenger is entitled handled by Jet4you. Jet4you is the actual carrier as defined in legislation governing carriage by air.

1.3
In addition to these STCC Jet4you, the GTCC of TUIfly.com also apply. In case of conflict between these STCC Jet4you and the GTCC, the GTCC shall take precedence.

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

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

2.2
Jet4you can be contacted at the following address:

Service clientèle Jet4you
4, Lotissement La Colline - Sidi Maarouf
20 190 - Casablanca – Morocco

In the interests of the safety and health of expectant mothers, the following JFU regulations apply:
a) JFU carries expectant mothers up to the 28th week of pregnancy (this also applies to the return flight) without a doctor’s certificate. JFU is entitled to demand a doctor’s certificate confirming that the passenger is no more than 28 weeks pregnant;
b) Carriage from the 29th to the 37th week of pregnancy is permissible only on presentation of a doctor’s certificate,
c) No carriage is permissible as from the 37th (in case of twins as from 30th) week of pregnancy.

If the expectant mother has booked a return flight, the above regulations also apply at the time of the return flight.

4.1 Passengers with a disability
a) General
Passengers in a wheelchair or who have difficulties walking or climbing stairs can request assistance when boarding. This assistance is available only subject to prior notification. Failure to submit a prior request for assistance may lead to improvisations or delays when boarding, or in some cases may even prevent the passenger from boarding the aircraft. It is absolutely essential to submit a request for assistance and state the type of disability at the time of booking.
Passengers’ wheelchairs can be carried free of charge and only in the hold. Passengers with an electric wheelchair are obliged to take different safety precautions depending on the type of battery.

b) WHR: Passengers who can walk and manage stairs without assistance. Assistance can be provided for any longer distances which have to be covered at the airport. Carriage of unlimited number possible.

c) WHS: Passengers who cannot manage stairs. Assistance is required for stairs.  Carriage of limited number possible.

d) WHC: Passengers who are completely immobile and who require full-time or part-time assistance to move. Carriage of limited number possible.

e) Carriage of wheelchairs
Wheelchairs can be carried free of charge and only in the hold. This must be stated at the time of booking.

JFU distinguishes between three kinds of wheelchairs:
1) Manual wheelchairs
Folding wheelchairs can be driven up to the aircraft steps or door and are subsequently loaded into the baggage hold.
2) Electric wheelchairs or other mobile assistance devices with non-spillable wet cell batteries.
This means the battery is a sealed unit and cannot be filled or refilled.
The following precautions have to be taken prior to transport by plane:
• the battery has to be removed
• the battery poles must be well isolated.
3) Electric wheelchairs or other mobile assistance devices with spillable wet cell batteries.
This means the battery can be filled or refilled. As the airline cannot guarantee that the wheelchair will be transported upright in the cargo hold, the following precautions have to be taken:
• The battery must be removed and packed upright in a suitable box (leak proof, resistant to battery liquid, sufficiently packed in absorbent material to absorb all liquids);
• Information labels on the outside: ‘battery, wet, with wheelchair, corrosive’; label indicating position during transport (This side up).
Note: The term ‘dry battery’ applies only to small batteries such as batteries used in cameras, mobile phones or flashlights. Wheelchair batteries are always classified as wet spillable or wet non-spillable batteries. Non-spillable batteries are sealed units which cannot be refilled and are therefore safer for transport, as they leak only when damaged.

4.2
JFU will carry 1 visually handicapped passenger per flight together with his/her guide dog in the cabin. Transportation of the guide dog is free of charge.
 
4.3
Due to safety reasons and limited capacity, the carriage of a wheelchair or a guide dog is subject to prior notification and confirmation from the JFU Service Centre. These items will be accepted for carriage only subject to prior confirmation.

4.4
Persons accompanying a disabled person are required to pay the full price and are not entitled to free carriage.  

4.5
Persons with medical problems: Jet4you does not carry passengers on stretchers.

Infants under the age of 2 will be carried subject to the following conditions:
The transportation of an infant has to be notified in advance and confirmed. The capacity is limited to 10% of the seats. The infant’s age is the age at the time of the flight (in case of a return flight, at the time of the return flight). Infants aged under 2 years must travel on the lap of their parent or guardian. Infants are not entitled to a seat of their own. Only one infant per adult passenger is permitted.

Children/adolescents aged under 12 will only be carried if accompanied by a person aged at least 16 who assumes responsibility for them. Children/adolescents aged 12 or over will be carried without an accompanying person only on submission of a written declaration of consent signed by a parent or guardian. In this case the child must be booked as an “Adult”.

We offer an escort service for children aged between 5 and 12 who are travelling alone (unaccompanied minors).  A service charge of EUR 60 per child and route over and above the fare applies. For more information or to book this service, please contact the JFU Service Centre. In this case the child must be booked as an “Adult”.

Please note that some countries may require children and adolescents aged under 18 to present an authorisation form completed by the parent or legal guardian permitting the child/adolescent to leave its home country. It is the passenger’s responsibility to present these documents. JFU does not offer any attendance or supervision for passengers. JFU assumes no responsibility for any consequences of insufficient attendance or supervision.

6.1 Free baggage allowance and hand baggage
Each passenger is entitled to a free checked baggage allowance of 20 kg. An excess baggage charge of EUR 10.00 per kilo and flight will be charged at the airport for any baggage which exceeds the above allowance.

Each passenger is entitled to one item of hand baggage which must satisfy both the following requirements: maximum weight 6 kg, maximum dimensions 55 cm x 40 cm x 20 cm.

For each item of hand baggage which does not comply with these conditions, either an excess baggage charge of EUR 80.00 / baggage item will be levied at the gate or carriage will be refused. (The baggage item concerned will be handed over to the complaints desk / baggage storage service).
6.1.1
The weight and number of checked baggage items must be stated on the baggage tag. All checked baggage must state the passenger’s name. Failure to do so can release the airline from its liability.
6.1.2
JFU is entitled to refuse acceptance of any checked baggage which is not packed in such a way as to ensure safe carriage.
6.1.3
Checked baggage must not contain fragile or perishable goods or valuables such as money, jewellery, precious metals, computers, cameras, mobile phones or other electronic devices, securities, stocks and bonds or other valuables or business documents, samples, identification documents, house or car keys, medication or medical aids and appliances such as glasses, hearing aids etc. JFU is entitled to refuse the carriage of such items as checked baggage and its liability may be restricted in such cases.
6.1.4
Baggage will be carried on the same aircraft as the passenger except in cases were the airline is of the opinion that such carriage would not be practicable. In that case the airline will carry the baggage on one of its next flights.
6.1.5
Checked baggage will be delivered to the destination airport specified on the baggage tag. The passenger is obliged to collect the baggage as soon as it is made available at the airport of destination or the airport where the flight was interrupted.

6.2 Carriage of special/excess baggage
The carriage of excess and special baggage (i.e. baggage which exceeds the permitted weight and/or measurements of the free baggage allowance, such as sports equipment) is subject to additional charges. These additional rates must be paid prior to departure; the passenger otherwise has no right
to carriage of such baggage.
Owing to the limited hold capacity, the TUIfly.com Service Centre must be given advance notice prior to departure at the telephone numbers stated under 2.2. of the carriage of special baggage, baggage weighing more than 50 kg, or sports equipment. Carriage is subject to written confirmation of the foregoing notification.
Checked baggage in excess of 20 kg is charged at a rate of EUR 12.00 / kg per flight.

Sports equipment such as bicycles, surfboards, skis, golf bags, wind surfboards, diving equipment etc. which exceeds the permitted weight and/or measurements of the free baggage allowance, weighing up to a maximum of 30 kg, can be carried as checked baggage and will be charged at EUR 30.00 per item and flight. Items weighing more than 30 kg will be charged at the excess baggage rate of EUR 10.00 per kg.
Carriage of such baggage is limited to 1 item per passenger. The processing fee is not reimbursable. Owing to safety regulations and the limited hold capacity, the carriage of sports equipment is subject to advance notification by phone and confirmation by the TUIfly.com Service Centre.
The carriage of excess/special baggage will be decided on the basis of the available capacity and compliance with safety regulations. The airline is therefore entitled to limit or refuse the carriage of such baggage.
The following regulations apply:
a) All baggage must be packed appropriately and adequately for air transport, sufficiently protected against damage inside and outside the packaging. JFU assumes no responsibility for damage resulting from insufficient packaging.

b) Bicycles must be packed as specified above. Additionally, the wheels must be turned parallel to the frame, the pedals removed and the tyres deflated. Oxygen cylinders must be completely emptied.

JFU reserves the right to refuse carriage of any special baggage which is not sufficiently or suitably packed.
The carriage of sports weapons is not possible, neither in the cabin nor as checked baggage in the hold.

6.3 Carriage of pets 
The carriage of pets is not possible, neither in the cabin nor in the hold.

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 and unloading of 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. 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.

If a passenger, prior to boarding or on board the aircraft, behaves in such a way that
- the aircraft, persons or items on board are endangered, or
- the crew is obstructed in the performance of its duties, or
- if the passenger fails to follow the instructions of the crew, in particular in respect of smoking, the consumption of alcohol or drugs, or 
- is an unreasonable nuisance for the other passengers or crew, or injures or otherwise harms the other passengers or crew,

JFU is entitled to take all necessary and appropriate steps to end the consequences of such behaviour.
JFU is entitled to refuse carriage or onward carriage of the passenger on the flight concerned and/or on the entire JFU route network if necessary and appropriate. Misconduct on board an aircraft may be liable to prosecution.

JFU is entitled to refuse carriage or onward carriage of a passenger and/or his/her baggage if one or more of the following conditions apply:

a) if the carriage would be in breach of the applicable laws, regulations or ordinances of a departure, overflown or destination country;

b) if the carriage would endanger the safety, orderly carriage or health of the other passengers or crew, or would be an unacceptable nuisance for the other passengers or crew;

c) if the mental or physical condition of the passenger – including any condition resulting from the consumption of alcohol or drugs – constitutes a danger or risk for the passenger concerned, the other passengers, the crew or any items on board;

d) if the passenger refuses a security check of his/her person or baggage;

e) if the passenger has not paid the valid air fare, any taxes or other charges/supplements, inclusive of any sums owed for previous flights;

f) if the passenger is not in possession of the required entry/exit documents for the destination/departure country, is not in possession of valid travel documents, destroys these documents during the flight or refuses to hand over the documents to the crew in return for a receipt;

g) if the passenger is unable to state or states an incorrect booking number or if the booking number does not match the identification document presented, or if the passenger is unable to prove to our satisfaction that he/she is the person for whom the booking was made;

h) if the passenger infringes any safety or security regulations or instructions issued by JFU within the scope of JFU’s house rules;

i) if the passenger is carrying prohibited baggage items or items which are subject to restrictions;

j) if the passenger has in the past already committed one of the above acts or omissions which endangered the safety, orderly carriage or health of the other passengers, the members of the crew, or the property of JFU, or if JFU has banned the passenger from entering its premises;

k) if a child aged between 12 and 16 who is not accompanied by a parent or guardian is unable to present written authorisation from the parent or guardian.

Carriage by JFU is limited to the non-stop flight booked with JFU and does not cover any connecting flights. JFU does not offer any connecting flights/cannot guarantee that passengers will reach their connecting flights. If you have booked more than one JFU non-stop flight or plan to combine JFU flights with flights operated by other airlines, you do so at your own risk. We therefore advise you to allow sufficient time between the flights and to bear in mind that unforeseen incidents can always occur in the course of air travel.

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

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

These STCC JFU  and the GTCC of TUIfly.com (Verlinkung zu den ABB) 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 JFU 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