TUIfly.com

Information correct at 2014-07-21

STCC Lufthansa

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 LUFTHANSA AG as Actual Carrier

1. Scope

1.1
These Special Terms and Conditions of Carriage ("STCC Lufthansa") 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 ("hereinafter referred to as "GTCC") and which are executed by LUFTHANSA AG (hereinafter referred to as "Lufthansa") 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 Lufthansa, Lufthansa is the actual carrier as defined in legislation governing carriage by air.

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

2. Contact to TUIfly.com and to Lufthansa

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

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

2.2
Lufthansa customer service processes all registrations that are to be made directly with Lufthansa (see sections 5, 6, 7).  This telephone number for this service is Tel: +49 (0)69 - 86 799 799.

Lufthansa can be contacted at the following address:

Deutsche Lufthansa AG
Flughafen-Bereich West
60546 Frankfurt/Main
Germany

Website: www.lufthansa.com

3. Additional services

3.1
For information regarding the current fees for additional services that can be booked directly from Lufthansa (see section 2.2), please visit the Lufthansa website or call Lufthansa directly.

3.2
All fees for additional services that can be booked directly with Lufthansa must be paid immediately upon confirmation and are settled directly with Lufthansa.

4. Important information regarding tickets

If you have selected a fare that requires that you adhere to a specific ticket sequence, please note the following:

If the passenger does not board the flight for a previous section of the route or does not take the flights in the order indicated on the ticket, the price charged for the flight will be the price that would have been applicable for the actual route sequence taken by the passenger as it differs from the route indicated on the ticket. If this price is higher than that for the route given on the ticket, continuing transportation can be made contingent upon your payment of the additional charge.

Unless other regulations appear on the ticket, in the conditions or the applicable fares (which can limit a ticket´s period of validity based on the information on the ticket), a ticket is valid for one year from the date of issue.

5. Carriage of passengers who require special care

Lufthansa must be notified in advance by telephone of the carriage of persons with a disability, expectant mothers, the sick or any other persons who require special care. Passengers who have advised Lufthansa that they need special care when purchasing their ticket and have been accepted for carriage by Lufthansa will not be refused carriage because they require special care.

6. Carriage of children and young adults

6.1
Children who are 5 years old or younger may only travel when accompanied by an adult who is at least 18 years old or by a brother or sister who is at least 16 years old. If children from ages 5 to 11 will be traveling alone, the trip must be registered by telephone prior to the flight and it is subject to the respective disclosed fee and conditions. Tickets for children traveling alone may only be booked by telephone through Lufthansa customer service.

6.2
Children can also be carried on a seat using your own child restraint system; in that case, a separate seat has to be booked for infants aged under 2. You are obliged to ensure that the child restraint system is attached to the loop belt of the aircraft seat throughout the entire flight. The child restraint system must be suitable for use on board aircraft. Lufthansa shall otherwise be entitled to refuse to carry the child restraint system in the cabin. Lufthansa shall not be liable for any damage sustained owing to failure to attach the child restrain system correctly, its unfitness for use or failure to follow instructions.

Further information about travelling with children, in particular about the use of child restraint systems which are suitable for use on board aircraft, is provided under the heading "Service and Info" on the website www.lufthansa.com.

7. Carriage of baggage

7.1 Baggage allowance  

Lufthansa transports a certain amount of checked baggage and hand luggage for free. These amounts can differ depending on flight route and booking class.

The (1) Piece Concept applies for all flights. This means that one piece of baggage weighing 23 kg is allowed per person in Economy Class. The maximum size of each piece of baggage is 158 cm (Width + Height + Depth).

For children who are not yet two years old, one piece of baggage (max. 23 kg) and a baby carriage/stroller are transported for free. The usual baggage allowance amounts and excess baggage fees apply for child car seats.

Hand luggage: 1 piece, 8 kg and 55 cm x 40 cm x 20 cm, garment bags up to a size of 57 cm x 54 cm x 15 cm are considered hand luggage.

7.2 Excess baggage
A fee is required for transporting baggage that exceeds the baggage allowance amount and for transporting special or sports baggage or animals. The applicable conditions and fees can be found under "Service and Info" at http://www.lufthansa.com/de/en/Baggage-overview. Registration must be made directly by calling Lufthansa customer service.

7.3 The following items may not be carried as baggage:

7.3.1.1 Items which pose a risk to the aircraft or to persons or property on board the aircraft, as stated in the ICAO and IATA regulations on the transport of dangerous goods. These regulations are available from Lufthansa or from the travel agency which issues the ticket.
These items include in particular explosive substances, compressed gases, oxidising, radioactive or magnetic substances, flammable substances, toxic or aggressive substances, as well as liquids of all kinds (with the exception of those liquids which the passenger carries as hand baggage for use during the journey);

7.3.1.2 Items which are prohibited from carriage by the laws of the departure, arrival or any overflown country;

7.3.1.3 Items which are dangerous or unsafe or unsuitable for carriage owing to their weight, size or nature, or because they are perishable, fragile or particularly delicate; details about individual items are available from Lufthansa or the travel agency which issues the ticket;

7.3.1.4 Individual lithium batteries or lithium rechargeable batteries carried by passengers (as commonly used in electronic equipment such as laptop computers, mobile phones, watches, cameras) may only be carried as hand baggage. Each passenger is entitled to carry a maximum of two individual lithium batteries or lithium rechargeable batteries with a watt-hour rating of up to 160Wh as spare batteries for electronic equipment. The carriage of individual batteries or lithium rechargeable batteries with a watt-hour rating of between 100Wh and 160 Wh requires the prior consent of the airline. Further details about the carriage of batteries and rechargeable batteries are stated in the Technical Instructions of the International Civil Aviation Organisation (ICAO) for the Safe Transport of Dangerous Goods by Air, which can be viewed on the ICAO website under the heading "Dangerous Goods" or on the website of the German Civil Aviation Authority (Luftfahrt-Bundesamt).

7.3.2 You are obliged to inform Lufthansa before beginning the journey if you are carrying any of the following items on your person or in your baggage: weapons of all kinds, in particular (a) firearms, blunt or sharp weapons or spray devices which can be used to attack or in defence, (b) ammunition and explosive substances, (c) any items whose outward appearance or labelling gives reason to believe they are weapons, ammunition or explosives. The carriage of all such items is permissible only if they are carried as freight or checked baggage in accordance with the regulations on the carriage of dangerous goods. Sentence 2 does not apply to police officers who are obliged to carry a weapon in performance of their duties. These persons are obliged to hand over their weapon to the responsible pilot in command during the flight.

7.3.3 Weapons of all kinds, in particular firearms, blunt or sharp weapons, spray devices and sports weapons can be carried as baggage at Lufthansa's discretion. They must be unloaded and fitted with a locked safety catch. The carriage of ammunition is subject to the ICAO and IATA regulations stated under 5.3.1.1.

7.3.4 Lufthansa shall assume no liability if you are responsible for the presence of any items which infringe the provisions of 5.3.1 and 5.3.2 in your checked baggage. 

7.4 Right to refuse carriage

7.4.1. Pursuant to the above 5.3.2. and 5.3.3., Lufthansa refuses to carry any of the items stated in Section 5.3. of this article as baggage; if Lufthansa establishes the existence of such items in the course of the journey, it shall be entitled to refuse onward carriage of the items concerned.

7.4.2. Lufthansa is entitled to refuse the carriage of baggage which is unsuitable for carriage because of its size, shape, weight, nature or contents, for safety reasons or because of the well-being of the other passengers. Information about items which are unsuitable for carriage is available on request.

7.4.3. Lufthansa is entitled to refuse the carriage of baggage which is not properly packed in suitcases or similar receptacles in order to ensure safe carriage subject to handling with the usual care.

7.5 Examinations of passengers and baggage
Lufthansa is entitled to demand for security reasons that you consent to a search or scan of your person and your baggage and to X-ray examination of your baggage. If you refuse to allow your person or your baggage to be examined for any prohibited items or items which have not been presented as stated in 5.3., Lufthansa shall be entitled to refuse carriage of you and your baggage.

7.6 Checked baggage
Lufthansa takes checked baggage into custody after handover by the passenger. Lufthansa makes an appropriate entry on the ticket which act shall constitute the issue of a baggage receipt. If Lufthansa also issues a baggage identification tag in addition to the baggage receipt, this is intended only to establish the identity of the baggage.

7.6.1 All checked baggage must bear your name or other identification.

7.6.2 Your checked baggage will be carried on the same flight as you unless Lufthansa decides to carry it on a different flight for safety/security or operating reasons. If your checked baggage is carried on a different flight, Lufthansa shall deliver it to the address of your final destination unless your presence is required at customs inspection by law.

7.7 Hand baggage
7.7.1 Lufthansa is entitled to specify the number of items, maximum weights and maximum dimensions of hand baggage. Hand baggage must always fit under the seat in front of you or in the overhead luggage compartments. If your hand baggage does not satisfy these requirements or the security requirements, it has to be carried as checked baggage.

7.7.2 Items which are not suitable for transport in the hold, e.g. delicate musical instruments, and which do not satisfy the requirements of the above 5.7.1, will be carried in the cabin only subject to advance notification and subject to the consent of Lufthansa. A special additional charge may be payable in such cases.

7.8 Return of checked baggage
7.8.1 You are obliged to collect your checked baggage as soon as it is made available at the destination or stopover airport.

7.8.2 Lufthansa will hand over checked baggage only to the holder of the baggage receipt and subject to payment of any sums still owing to Lufthansa.

7.8.3 If a person claiming checked baggage is unable to present the baggage receipt or identify the baggage by means of the identification section of a baggage tag, if such a tag has been issued, Lufthansa shall hand over the baggage only if the person satisfies Lufthansa that he/she is entitled to the baggage.

7.9 Carriage of pets, guide dogs

7.9.1 The carriage of dogs, cats and other pets is subject to the consent of Lufthansa and to the following conditions: the animals must be securely locked inside a pet carrier and must have valid veterinary and vaccination certificates, entry permits and any other entry or transit papers demanded by the countries concerned. Lufthansa reserves the right to decide on the manner of carriage and to limit the number of animals permitted on any one flight.

7.9.2 The weight of the pet and the weight of the pet carrier and any pet food carried by the passenger are not included in the passenger's free baggage allowance; passengers are obliged to pay a surcharge based on the excess baggage rates for the carriage of such items.

7.9.3 Guide dogs for the blind and similar dogs (working dogs, dogs used for psychotherapy purposes) and their carriers and dog food will be carried without payment of a surcharge and will not be deducted from the free baggage allowance. These dogs can be carried free of charge and carried in the cabin only on submission of proof that they are required for medical reasons. For flights to or from the USA, a medical certificate has to be submitted confirming that the passenger has to be accompanied by a dog used for psychotherapy purposes.

7.9.4 Lufthansa assumes no responsibility or liability whatsoever for the necessary entry, exit, veterinary certificates and/or other documents for the animal, or that permission will be granted for entry into or transit through the countries concerned, unless the damage is due to gross negligence or intent on the part of Lufthansa. The passenger is liable for all damage caused to third parties by an animal and shall indemnify Lufthansa for all liability in that connection. For flights to or from the USA, a medical certificate has to be submitted confirming that the passenger has to be accompanied by a dog used for psychotherapy purposes.

8. 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 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, 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.

9. Acceptance of passengers, boarding

9.1 The check-in deadlines differ from airport to airport and Lufthansa recommends that you inquire about and comply with these deadlines. Your journey will proceed more smoothly if you allow sufficient time for compliance with check-in deadlines. If you fail to do so, Lufthansa is entitled to cancel your booking. Lufthansa or the travel agency which issues the ticket will inform you of the check-in deadline for the first leg of the journey with Lufthansa. Unless otherwise specified, you are obliged to check in at least 30 minutes before the scheduled departure time.

9.2 You are obliged to appear at the gate no later than the boarding time stated at check-in.

9.3 If you do not appear at the gate punctually, Lufthansa is entitled to cancel your booking.

9.4 Lufthansa assumes no liability for any damage or expenses you sustain owing to contravention of these provisions for which you are responsible.

10. Restriction/refusal of carriage

10.1 Lufthansa is entitled to refuse you carriage or onward carriage if Lufthansa has notified you in writing prior to the booking that Lufthansa will no longer carry you on Lufthansa flights, within the scope of its due discretion, as from the time of the written notification. This may be the case if you have contravened the rules of conduct stated in Articles 8.1.7 and 8.1.10 on an earlier flight so that Lufthansa can no longer reasonably be expected to carry you. Lufthansa is further entitled to refuse you carriage or onward carriage or to cancel your seat booking if
10.1.1 such a measure is necessary for reasons of security or order or to avoid contravention of any government or legal requirements of the departure, overflown or arrival country; or

10.1.2 carriage could impair the safety or health of other passengers or substantially impair the well-being of other passengers; or

10.1.3 your behaviour, condition or your mental or physical state, including any impairment caused by the effects of alcohol or drug consumption, constitutes a danger for you yourself, other passengers or members of the crew; or

10.1.4 you have been guilty of significant misconduct on a previous flight and there is reason to assume that you could repeat such behaviour; or

10.1.5 you have refused a security check; or

10.1.6 you have not paid the applicable air fare, taxes, charges or supplements;

10.1.7 you are not in possession of valid travel documents or are attempting to enter a country for which you have only transit permission or for which you do not have valid entry documents, if you destroy your travel documents during the flight or refuse to hand over the travel documents to the crew on request in return for a receipt; or

10.1.8 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; or

10.1.9 you fail to abide by Lufthansa's safety / security instructions; or

10.1.10 you fail to observe the smoking ban which applies when boarding and on board all Lufthansa aircraft, or fail to observe the ban on the use of electronic equipment on board.

10.2 Your rights following refusal of carriage
If you are refused carriage for one of the foregoing reasons or if your booking is cancelled for one of the foregoing reasons, you are entitled only to reimbursement of the fare for the unused flight coupons.

11. Liability

The liability of TUIfly.com and Lufthansa is based on the provisions of the GTCC.

12. Data protection and data security

TUIfly.com and/or Lufthansa 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 Lufthansa to capture, save, modify, block, delete and use the data for these purposes 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 Lufthansa 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.

13. Amendments

13.1
TUIfly.com reserves the right to amend these STCC Lufthansa at any time with effect for the future without obligation to notify the user. The STCC Lufthansa 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 Lufthansa, the user declares his consent to the amendments.

13.2
No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC Lufthansa or to waive their applicability.

14. Verbal agreements

These STCC Lufthansa 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 Lufthansa and the GTCC, the GTCC shall take precedence.

15. 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.

16. Applicable law and legal venue

The contractual relationship between the passenger and TUIfly.com shall be governed by the laws of the Federal Republic of Germany, irrespective of the passenger's nationality. Legal venue for registered traders, persons who have no general legal domicile inside the country and persons who have transferred their residence or habitual abode to a place outside Germany after conclusion of the contract, or whose residence or habitual abode is unknown when the lawsuit is filed, shall be Hanover (Germany). This legal venue provision shall not apply within the substantive scope of the Warsaw Convention or the Montreal Convention.

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

Registration No.: HRB 55840 / Court of Registration Amtsgericht Hannover
VAT No.: DE 171612631

Managing Directors: Olaf Petersenn, Dr. Oliver Dörschuck

Information correct at 2014-07-21 top