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Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH in the capacity of Contracting Carrier for Carriage executed by Pegasus Airlines as Actual Carrier
These Special Terms and Conditions of Carriage (“STCC Pegasus Airlines”) 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 Pegasus Airlines mbH (hereinafter referred to as “Pegasus”) and/or any agents employed in performance of the company’s obligations.
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 Pegasus, Pegasus is the actual carrier as defined in legislation governing carriage by air.
In addition to these STCC Pegasus, the GTCC of TUIfly.com also apply. In case of conflict between these STCC Pegasus and the GTCC, the GTCC shall take precedence.
TUIfly.com can be contacted at the following address:
TUIfly Vermarktungs GmbH
All notification to be made directly to Pegasus is handled by the Pegasus customer service department, which can be contacted as follows:
Tel.: + 49 1805 333 737
Pegasus can be contacted at the following address:
Yenişehir Mah.Osmanlı Bulvarı. No: 11
Expectant mothers are responsible for deciding themselves whether or not their health permits them to fly; if they have any doubts, expectant mothers are advised to consult their doctor before flying. For safety reasons and to avoid health risks, Pegasus will carry expectant mothers as from the end of the 28th week to the end of the 36th week of pregnancy only on presentation of a doctor’s certificate (in case of twins, up to the end of the 32nd week of pregnancy); Pegasus is entitled to demand presentation of the woman’s antenatal medical record or a doctor’s certificate as proof that the pregnancy is not beyond the 32nd/36th week. Expectant mothers will no longer be carried as from 4 weeks before the expected date of delivery. Expectant mothers who have suffered complications during the pregnancy are obliged to present a doctor's certificate, issued no earlier than 7 days before the flight. A certificate issued before that date will not be accepted. The doctor's certificate should confirm that the passenger is fit to fly despite the pregnancy. The certificate must be signed and stamped by the passenger's doctor.
If the passenger has booked an outbound and return flight, Pegasus is entitled to refuse carriage on the outbound flight if necessary.
4.1 Free baggage allowance
Passengers are entitled to a free baggage allowance as part of the contract for carriage by air. The free baggage allowance is stated on the ticket or on the invitation which served as the basis for the offer to enter into a contract for carriage by air. 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. Details of the relevant charges can be inquired directly from Pegasus.
4.2 Hand baggage
One item of hand baggage up to a maximum weight of 8 kg can be carried free of charge. If the maximum permissible weight for hand baggage is exceeded, Pegasus is entitled to demand payment of an excess baggage charge. The measurements of the hand baggage must not exceed 55 cm x 40 cm x 20 cm. Owing to the limited space available and for safety reasons, only one item of hand baggage per passenger is permitted. Further items which can be carried free of charge as hand baggage and taken on board are listed below. In case of lack of space in the cabin, these items must be carried as checked baggage.
• 1 handbag suitable for the journey
• 1 coat or wrap, scarf, shawl or blanket
• 1 shopping bag containing items purchased in duty-free shops
• 1 umbrella (except those with a pointed tip) or walking stick
• 1 baby carrier or pushchair (can optionally be carried as hold cargo)
• 1 small camera or binoculars
• books and magazines for reading during the flight
• portable (folding) wheelchairs or crutches on which the passenger is dependent (can optionally be carried as hold cargo)
• baby food, baby basket for use during the flight
• 1 laptop
4.3 Special baggage
Charges are payable for the carriage of special baggage. This includes in particular sports equipment (golfing and diving equipment, bicycles, bodyboards, surf boards, skiing equipment etc.) and pets. The carriage of pets is also governed by the national statutory regulations and the IATA Live Animals Regulation on the transport of pets.
Dogs and cats must be transported in a suitable, closed, waterproof and secure pet carrier in the cabin. The weight, inclusive of the carrier, must not exceed 5 kg. Owing to the limited space available and for safety reasons, passengers are entitled to demand the carriage of pets only if the airline has been notified at the time of booking and has confirmed the carriage. The passenger is responsible for compliance with all relevant requirements relating to vaccination papers, health certificates and any documents required for entry into the destination country. If these requirements are not satisfied or cannot be proved, Pegasus is entitled to refuse carriage of the pet. Please note that the transport of pets in the hold is not permissible under any circumstances.
• For the purposes of these Terms and Conditions, pets are defined exclusively as dogs and cats and must be carried in pet carriers measuring 55x40x20 cm; the passenger is responsible for providing the pet carrier.
• The passenger is obliged to present the pet’s health certificate, vaccination papers and identification document.
• The total weight of the pet, inclusive of the carrier, must not be more than 5 kg.
• Irrespective of the weight, it is not permissible to carry two cats in one carrier.
• A maximum of two pets can be carried in the cabin on any one flight.
• The pet must be healthy, tame, clean and must not smell.
If the pet shows any suspicious behaviour (restless, aggressive, sick etc.) the airport staff reserve the right not to allow the pet to fly.
4.4 Prohibited baggage items
Passengers are not permitted to carry sharp, pointed or dangerous objects such as knives, penknives, razor blades or knitting needles as hand baggage. Such items can however be carried as hold baggage. If the security staff discover such items during the security check, the items may be destroyed and the owner will not be entitled to replacement. Pegasus Airlines assumes no liability whatsoever for the loss of such items.
Dangerous substances are defined as all substances which constitute a risk to the health, safety or property of third parties when carried on board. Baggage containing dangerous substances is subject to national and international regulations. Such freight must be appropriately labelled and clearly state the contents of the dangerous substances.
For safety reasons, passengers are not permitted to carry the following items in restricted areas or on board:
1. Weapons, guns or firearms of any kind whatsoever (pistols, six-shot guns, revolvers, rifles, shotguns of any kind, objects of any kind which are or appear capable of causing injury or discharging a projectile, replica and imitation firearms, component parts of firearms (excluding telescopic sighting devices and sights), air guns, pellet guns, signal flare pistols, starter pistols, toy guns of all kinds, BB soft guns, industrial rifle mechanisms, bolt and nail guns, cross bows and arrows, harpoons and harpoon launchers, slings or catapults, spear guns, spears, spikes, underwater guns, hunting rifles, stun or shocking devices, cattle prods, stun guns, ballistic conducted energy weapons (taser), lighters shaped like a firearm;
2. Pointed and/or sharp objects capable of causing injury, such as weapons with pointed/sharp edges or tips, sharp objects, axes, arrows, darts, hooks, clamps, strips of hooks, hook-shaped iron bars, crampons, crampon spikes, spears, lances, ice axes, chisels, knives with retractable blades of any length or made of any metals, including knives used for ceremonial, religious or hunting functions which are strong enough to be used as a potential weapon, flick knives, lockable knives, sabres, meat cleavers, machetes, open razors, with the exception of safety or disposable razors with blades enclosed in a cartridge, swords, bayonets, swordsticks, bistouries, scalpels, surgical knives, sharp scissors, ski and walking/hiking poles, bars, throwing stars, signal flares, drills, cutters, gimlets, screwdrivers, bits for drills and screwdrivers, carpet knives, wire cutters, nippers, box cutters, utility knives and penknives, maintenance and repair tools of all kinds which can be used as a sharp and/or pointed weapon, including saws of all kinds, screwdrivers, crowbars, levers, cranks, chisels, caltrops, claw hammers, hammers, mallets, pincers, long-nose pliers, wrenches/spanners, adjustable wrenches/spanners, blow torches, welding equipment, diving lamps etc.
3. Blunt objects that are capable of causing injury, including tennis racquets, baseball and softball bats, hard or flexible golf clubs, rubber batons, sticks, bars, coshes, bats of any kinds (thick and short clubs with flexible leather grip),
4. Clubs, hooks, walking sticks, sticks, cricket bats, hockey and hurling sticks, lacrosse sticks, snowboards and canoe paddles, skateboards, billiard cues, fishing rods, knuckle dusters, clubs, coshes, martial arts equipment such as daggers and swords;
5. Objects which pose a risk to the health of passengers or crew, the safety of the aircraft and its cargo: explosives, flammable substances such as ammunition, blasting caps, detonators, fuses, other detonating devices, smoke cartridges, slow match wicks, explosive substances and explosive devices, replica or imitation explosive material or devices, explosive military devices such as mines, hand grenades, gases such as butane, propane, acetylene and oxygen and their containers, fireworks, flares of all kinds and other pyrotechnics, non-safety matches, tobacco tins or boxes made of metal or tin, flammable liquid fuel, such as petrol/gasoline, diesel, alcohol, ethanol, aerosols, turpentine, white spirit, turpentine oil, thinning agents, flammable liquids such as paint thinner, alcoholic beverages exceeding 70 % by volume;
6. Chemical or toxic substances which pose a risk to the health of passengers and crew or the safety of the aircraft and its cargo: corrosive substances, such as mercury and chlorine in thermometers, spillable batteries, acids, alkalis, bleaching agents such as bleach and whiteners, disabling or incapacitating sprays, such as pepper spray, tear gas, radioactive material such as medicinal or commercial isotopes, infectious or biologically hazardous materials such as infected blood, bacteria and viruses, unless carried in accordance with the regulations of the emergency and fire protection plan for the aircraft, materials such as fire extinguishers, which are capable of ignition or heating as a result of oxidation.
The following items may not be carried in checked baggage:
flammable, combustible, abrasive, toxic, oxidising, explosive, radioactive, infectious, self-igniting, reactive substances, substances which are hazardous on exposure to moisture and compressed gases, organic peroxides and hazardous objects containing these substances and other materials which require inspection, explosives, cartridges, fuses, blasting caps, slow match wicks, detonators, hand grenades, mines, propane or butane gas, flammable liquids such as petrol/gasoline, methanol, methyl alcohol and combustible liquids, devices and tools, such as camping gas cylinders containing these substances, flammable solids, reactive substances such as magnesium, firelighters, fireworks, flares, sparklers, bleaching agents, whiteners, oxidants, e.g. in car body repair kits, organic peroxides, rat poison, toxic or infectious substances such as infected blood, radioactive substances including medicinal or commercial isotopes, mercury, motor vehicle batteries, abrasives, such as components of motor vehicle fuel systems containing fuel ARE PROHIBITED FROM CARRIAGE.
NB: All sharp objects contained in checked baggage must be securely packed to protect ground staff and other employees.
NB: Explosive items such as paints, fireworks, crackers, objects with a combustion engine, such as power saws, model aeroplanes, lawnmowers, radioactive substances may neither be carried as hand baggage or as checked baggage!
4.5 Refusal to carry baggage
Pegasus is entitled to refuse the carriage of baggage which is so inadequately packed that damage cannot be ruled out despite exercise of the usual care.
5. Restriction/refusal of carriage of passengers and baggage
Pegasus is entitled to refuse or discontinue the carriage or ongoing carriage of a passenger or a passenger’s baggage if one or more of the following criteria are satisfied:
(a) the passenger behaves in such a way on board or prior to boarding the aircraft that
- the aircraft, any person or items on board are endangered, or
- the crew members are prevented from carrying out their duties, or
- the passenger fails to comply with the instructions of the crew, in particular with regard to smoking, the consumption of alcohol or drugs, or
- the passenger’s behaviour is an unacceptable nuisance for the other passengers or the crew, or leads to damage or injury,
- there is reason to believe that the passenger will perform one of the above acts;
(b) carriage would be in violation of applicable law, regulations or conditions imposed by the departure, destination or overflown country;
(c) carriage would endanger the safety, orderly carriage or health of the other passengers or the crew or constitutes an unacceptable nuisance for the other passengers or crew
(d) the passenger’s mental or physical condition, including any impairment caused by alcohol or drugs, constitutes a risk for the passenger himself, for other passengers, for members of the crew or for items of property;
(e) the passenger refuses any security checks of his person or his baggage which are necessary for security reasons;
(f) the valid airfare, any applicable taxes or surcharges have not been paid, including such charges for previous flights;
(g) the passenger is not in possession of all the documents required to enter/leave the destination country, 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;
(h) the passenger fails to comply with any regulations necessary for execution of the journey (e.g. passport, visa and health regulations, including regulations which apply to any accompanying pet);
(i) the passenger does not state a booking number or states an incorrect booking number, or the booking for the booking number stated by the passenger does not match the identification document presented by the passenger, or the passenger cannot prove that he is the person for whom the booking was made;
(j) the passenger infringes safety / security instructions of Pegasus or instructions issued by Pegasus within the scope of their rights as operator of the aircraft;
(k) the passenger is carrying prohibited baggage items;
(l) 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 Pegasus, or if Pegasus has banned the passenger from entering its premises.
In the cases specified under the above 5.1, Pegasus is entitled to take any reasonable necessary steps to prevent further consequences of such behaviour. If necessary to ensure safe execution of the flight or to protect passengers and crew, Pegasus is entitled to order the passenger to leave the aircraft, to refuse further carriage of the passenger on any connecting flights at any location or to refuse to carry the passenger on its entire route network. The pilot in command is further entitled to take all reasonable and necessary steps to maintain and/or restore safety and order on board. Criminal and civil proceedings will be taken against any passengers who commit such an offence on board an aircraft.
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.
The unauthorised use of electronic devices, including but not limited to mobile phones, laptops, PDAs, CD players, electronic games or transmission devices, remote-controlled toys and walkie-talkies is prohibited on board the aircraft and may constitute a punishable offence. The use of hearing aids and pacemakers is, of course, permitted.
The following terms and conditions apply to seat selection which is paid in advance:
No seat selection is possible in connection with an optional reservation. The seat can be selected either during or after the purchase of the ticket. (If the seat selection charge is not paid for the reserved seat, the reservation will automatically be cancelled shortly afterwards).
If a flight is cancelled or delayed for reasons beyond the control of the passenger, or if the passenger does not receive the selected seat, the passenger can cancel the seat reservation and have the charge refunded.
Seat reservations cannot be changed except in connection with a change of flight.
No cancellations of seat reservations only are possible and no reservation charges will be refunded.
Please note that owing to official safety regulations, the following persons are not permitted to sit in the exit row/at emergency exits:
• infants (aged under 2) and children (aged under 12)
• expectant mothers
• passengers carrying a pet in the cabin
• persons with a physical and/or mental disability
• persons whose mobility is impaired owing to their physical size, illness or age.
Anyone reserving a seat at an emergency exit confirms that the above criteria do not apply to the booked passengers. If that is not the case, Pegasus is entitled to allocate the passenger concerned to a different seat. In that case, the passenger is not entitled to reimbursement of the reservation charge.
If Pegasus is unable to allocate the passenger to a different seat after exhausting all possibilities, it shall be entitled to refuse carriage.
The liability of TUIfly.com and Pegasus is based on the provisions specified in the General Terms and Conditions of Carriage.
Pursuant to Turkish Civil Aviation Act No. 2920 of 14 October 1983, carriage is governed by the liability regulations and restrictions of the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air dated 12 October 1928 as amended by the Hague Protocol dated 28 September 1955. The foregoing Convention and Protocol govern the liability of the carrier in case of death or injury to passengers and in case of loss or damage to baggage and specify liability restrictions for a number of circumstances.
Unless the passenger has notified the carrier of a higher value and paid the relevant surcharge, liability in case of loss of checked baggage shall be limited to US$ 20 per kilo.
1. All exemption from or restriction of liability in favour of the carrier shall also apply in favour of the carrier’s agencies, employees and representatives.
2. The contract of carriage is governed by Act No. 2920 and the international conventions referred to in the Act, the terms and conditions of this ticket, the applicable tariff rates of the carrier and the General Terms and Conditions of the carrier as referred to in this text.
3. No agency, employee or representative of the carrier is authorised to amend or revoke the terms and conditions of this contract.
4. The carrier shall make every reasonable effort to carry passengers and their baggage on schedule. In case of circumstances which are unforeseen or beyond the control of the carrier, the carrier shall be entitled to change the times stated in the flight schedules or elsewhere and/or the destinations stated on the tickets, to decide not to fly to these destinations and/or to deploy other carriers or aircraft; in that case, the carrier shall, if possible, give advance notice of such changes.
5. The carrier reserves the right to refuse the carriage of persons who have obtained tickets in breach of applicable laws or in breach of the carrier’s tariffs or carriage regulations.
6. Tickets are valid for one year as from the date of the outbound flight. Price increases occurring between payment of the fare and the date of departure shall not apply to the paid flight. Any changes in taxes or other costs will be demanded from / refunded to the passenger.
7. Checked baggage will be handed over to the person who presents the baggage receipt and the baggage identification tag. In case of damage to the baggage during carriage, the carrier must be informed in writing immediately on discovery of the damage or, if the baggage is delayed, immediately on receipt / within the period prescribed by law.
• When you collect your ticket at the airport, you have to present a valid identification document with photo (passport, driving licence, ID card or marriage certificate) at the check-in desk. You will otherwise not be allowed to fly.
• Please make sure that you have completed all ticket and baggage procedures for both national and international flights 40 minutes before the scheduled departure time or you will otherwise forfeit your entire rights in connection with your ticket.
• The price of a flight may include taxes and other duties payable for carriage by air which are prescribed by national legislation. These taxes and duties, which may account for a significant share of the cost of a flight, are either included in the fare or stated separately in the column headed “TAXES” on your travel document (e-ticket). The carrier is entitled to demand separate payment of any outstanding taxes or duties from the passenger.
Information for your own safety
• Either pack your baggage yourself or make sure you are present when it is packed.
• Open and check all closed parcels, boxes and packages before placing them in your baggage.
• Never carry any items which someone asks you to hand over to a third party.
Liability of airlines for passengers and their baggage
This information sums up the liability regulations to be applied by Community airlines pursuant to the Community legislation and the Montreal Convention.
Compensation for death or injury
There are no upper limits for compensation in case of death or injury of passengers. The airline is not entitled to file any objections to claims for damages up to a sum of 100,000 Special Drawing Rights [“SDR”] (equivalent rounded sum in the national currency). The airline can avert claims for damages over and above that sum by proving that it was not guilty of negligence or other fault.
In case of the death or injury of a passenger, the airline is obliged to make an advance payment to cover the immediate financial requirements within 15 days of establishment of the person entitled to compensation. In case of death, the advance payment shall amount to a minimum of 16,000 SDR (equivalent rounded sum in the national currency).
Delays in the carriage of passengers
The airline is liable for damage caused by a delay in the carriage of passengers unless the airline took all reasonable measures to avoid damage or if it was impossible for the airline to take such measures. Liability for damage caused by a delay in the carriage of passengers is limited to 4150 SDR (equivalent rounded sum in the national currency).
Delays in the carriage of baggage
The airline is liable for damage caused by a delay in the carriage of baggage unless the airline took all reasonable measures to avoid damage or if it was impossible for the airline to take such measures. Liability for damage caused by a delay in the carriage of baggage is limited to 1000 SDR (equivalent rounded sum in the national currency).
Destruction, loss or damage of baggage
The airline is liable for the destruction, loss or damage of baggage up to a sum of 1000 SDR (equivalent rounded sum in the national currency). In the case of checked baggage, the airline’s liability is irrespective of fault, unless the baggage was already damaged prior to carriage. In the case of non-checked baggage, the airline is liable only for damage caused by negligence on the part of the airline.
Higher liability limits for baggage
A higher liability limit applies if the passenger has submitted a special declaration at the time of check-in and paid the relevant surcharge.
Complaints relating to baggage
In case of damage, delay, loss or destruction of baggage, the passenger is obliged to submit written notification to the airline as soon as possible. In case of damage to checked baggage, the passenger is obliged to submit written notification within seven days, in case of delayed baggage within 21 days of delivery of the baggage.
Liability of the contracting and the actual carrier
If the actual carrier and the contracting carrier are not identical, the passenger is entitled to address complaints or claims for compensation to either of the two airlines. If the name or code of an airline is stated on the ticket, that is the carrier with which the passenger has a contract.
Legal action for compensation must be filed within two years, beginning on the date of arrival of the aircraft or the date on which the aircraft should have arrived.
Basis of this information
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.
Pegasus reserves the right to amend its terms and conditions without notice and without the assumption of any liability whatsoever.
Any disputes arising in connection with this domestic carriage contract shall be governed by Turkish law. Sole legal venue for the settlement of any disputes shall be the courts of Istanbul. In case of dispute, Pegasus’ documentation shall take precedence.
TUIfly.com and/or Pegasus 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 Pegasus 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 Pegasus 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.
TUIfly.com reserves the right to amend these STCC Pegasus at any time with effect for the future without obligation to notify the user. The STCC Pegasus 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 Pegasus, the user declares his consent to the amendments.
No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC Pegasus or to waive their applicability.
These STCC Pegasus 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.
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.
TUIfly Vermarktungs GmbH
Registration No.: HRB 55840 / Court of Registration: Amtsgericht Hannover
VAT No.: DE 171612631
Managing Directors: Olaf Petersenn, Dr. Oliver Dörschuck