TUIfly.com

Information correct at 2014-10-21

STCC Sun Express

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 SunExpress Aviation Inc. and/or SunExpress Deutschland GmbH as Actual Carrier

1. Scope

1.1
These Special Terms and Conditions of Carriage (“STCC SunExpress”) apply to all flights and other services for which a contract has been concluded with TUIlfy 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 SunExpress Aviation Inc. and/or SunExpress Deutschland GmbH.

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 SunExpress Aviation Inc. and/or SunExpress Deutschland GmbH, SunExpress is the actual carrier as defined in legislation governing carriage by air.

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

2. Contact to TUIfly.com and SunExpress

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 SunExpress is handled by the SunExpress customer service department, which can be contacted at:

Tel. +49 1805 959590
(calls from German landlines are charged at €0.14/min and from mobile phones at no more than €0.42/min.)

2.3
SunExpress can be contacted at the following address:
Am Grünen Weg 1-3
65451 Kelsterbach / Germany

3. Carriage of baggage

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.
Random checks are carried out at the check-in. Pointed and sharp items (e.g. knives, scissors, manicure kits and similar items) must not be carried in hand language but instead have to be carried in checked baggage.
SunExpress can neither be held responsible for items rejected at airport security checks nor does it have a storage duty.

3.1 Hand baggage
One item of hand baggage up to a maximum weight of 6 kg can be carried free of charge. If the permissible maximum weight for hand baggage is exceeded, we are entitled to demand payment of an excess baggage charge. The dimensions 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.
In accordance with EG regulation 1546/2006, on all flights departing in Europe (including international flights), liquids, pressurized containers (e.g. sprays), pastes, lotions, and other gel-type substances are only allowed to be carried in hand luggage up to a maximum of 100 ml per packaging unit, which is determined by the quantity printed on the pack. Individual containers must fit into a re-closable, transparent plastic bag with a maximum capacity of 1 litre and will be checked. On bag per passenger is permitted. Special rules apply to medication and baby food. Various non-EU-states have passed identical or similar regulations. Further information is available to passengers from us or our authorized agents.
There is no entitlement to the conveyance of items which do not meet the above requirements and which are not suitable for transportation in the aircraft hold as checked luggage (e.g. fragile musical instruments). Any such item will only be carried if we are notified in advance and if SunExpress has accepted them for transportation. Since these items constitute special baggage they will be subject to a surcharge. If you are requested to leave any luggage at the check-in or at the gate, SunExpress accepts no liabilityfor this baggage unless a contract of deposit, for which a fee is chargeable, has been concluded.
 
3.2 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.
Pets must be transported in a suitable closed, waterproof and secure pet carrier. 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, SunExpress is entitled to refuse carriage of the pet.
The following items may not be carried in checked baggage:
• money, jewellery, precious metals, cameras, mobile phones, electronic devices, e.g. laptops or PCs, business papers etc.
• passports and other identification documents, product samples or valuables, i.e. items with a value of more than EUR 300 (value at the time of purchase) with the exception of items of clothing.
In accordance with Art. 20 of the Montreal Convention and/or Art. 20 and 21 of the Warsaw Convention, SunExpress accepts no liability for damage or loss of items carried in checked baggage in contravention of the foregoing provisions. The foregoing liability disclaimer also applies to any potential consequential damage and indirect damage resulting from the transport of such items in checked baggage.

4. Refusal or restriction of carriage

SunExpress is entitled to refuse or discontinue carriage or onward carriage of a passenger or his baggage in case of one or more of the following circumstances:

in the case of passengers
• if the carriage is in contravention of applicable law, applicable regulations , or stipulations of the departure or destination country, or overflown country;
• if the carriage puts the safety, order, or health of other passengers or the crew at risk or constitutes an unacceptable nuisance for this carriage;
• if carrying weapons of any kind, in particular firearms, batons or thrusting weapons as well as sprayers which can be used for attack or defence purposes, ammunition and explosive substances, items which, due to their appearance, shape or labeling, may be mistaken for weapons, ammunition, or explosive substances, the passenger must notify us prior to travel. The carriage of such items is only permitted if they are carried in accordance with the regulations covering the transportation of hazardous goods as freight or checked baggage. This does not apply to police officers who are obliged to carry a weapon on official duty. They shall surrender their weapon to the responsible aircraft commander for the duration of the flight;
• if the mental or physical state including alcohol or drug related impairment poses a danger or risk to the passenger or fellow passengers or members of the crew or items of property;
• if the passenger refuses to submit himself or his baggage to a security check;
• if the passenger has not paid the airfare, taxes, or supplements which are due including those for any previous flights;
• if the passenger does not carry all the documentation required for entering/leaving the destination, is not in possession of valid travel documents or destroys his travel documents during the flight or refuses to hand them over to the crew against a receipt despite being requested to do so;
• if the passenger has been significantly non-compliant on a previous flight and there is reason to believe that such conduct may be repeated;
• if, due to illness or disability or other reasons the passenger requires special care of  which he has not notified us at least 3 working days (72 hours) prior to the flight;
• due to safety measures in the last four weeks of a planned delivery date during a pregnancy. In addition, we would like to point out that, beyond the 36st week of pregnancy, the air carriage poses a substantial risk to you and your child.

in the case of luggage
• items which are able to put the aircraft, people, or items of property on board the aircraft at risk and are listed in the hazardous goods regulations of ICAO and IATA available from us or our authorized agents. They include in particular explosive substances, ammunition, fireworks, rocket flares, gases, flammable, non-flammable, frozen and poisonous, flammable liquids (e.g. camping gas, aerosols, lighter fuel, paints and thinners), flammable solid substances (e.g. matches), and other highly flammable materials (including, for example, lighters).
• substances which have a propensity to ignite spontaneously, substances which generate flammable gases when in contact with water, oxidising substances such as bleaching powder and peroxide, poisonous substances and pathogens, and radioactive materials.
• caustic materials (e.g. mercury, including in thermometers) acids, (alkaline, batteries, filled with battery liquid), magnetising substances, liquids of any types and hazardous goods listed in the IATA hazardous goods regulations.
• substances whose conveyance is prohibited by the state of departure, destination, or the state that is overflown.
• items which are dangerous or unsafe due to their weight, size, or type, or due to their perishability, fragility, or their particular sensitivity are not suitable for transportation; further details may be obtained from us or our authorized agents.
If your checked luggage contains the aforementioned items and they are discovered in the checked luggage in the course of the security checks, such items shall have to be removed from the luggage. To do so, your piece of luggage will have to be opened and the hazardous item will have to be removed.

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

The unauthorised use of electronic devices, including but not limited to mobile phones, laptops, PDAs, CD players, electronic games, and transmission devices, inclusive of remote-controlled toys and walkie-talkies on board the aircraft is prohibited and may constitute a criminal offence. Of cause, this does not apply to hearing aids and pacemakers.

7. Seat reservations

Seats on international flights may be reserved up to 72 hours prior to departure. Hours on a Saturday, Sunday and/or public holiday do not count when calculating the above period. The handling and processing of seat reservations is chargeable.The service is only available for SunExpress flights with SunExpress Airline Code (XQ) and SunExpress aircraft. We will be pleased to advise you of the current terms and costs – which can also be found at sunexpress.com – prior to your booking.
Please note that owing to official safety reasons, the following persons are not permitted to sit in the exit row/at emergency exits:
• infants (under 2) and children (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, SunExpress 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 SunExpress is unable to allocate the passenger to a different seat after exhausting all possibilities, SunExpress shall be entitled to refuse carriage.

8. Flight ticket

SunExpress performs the transportation only for the passenger named on the transport ticket (flight ticket or other transport document). Transport tickets are non-transferable. If you do not travel with an electronic air ticket, you are only entitled to transportation upon presentation of a valid transport ticket issued in the name of the passenger. If travelling with an electronic air ticket you are only entitled to transportation if you have sufficient identification and an electronic air ticket issued in your own name.

9. Punctual arrival at the airport

Passengers must present themselves at the check-in desk two hours prior to the booked departure time unless a different check-in time was given for your flight. For domestic flights inside Turkey you must present at the check-in desk 90 minutes prior to departure unless a different check-in time was given for your flight. Please allow sufficient time keep to these check-in times. Passengers are furthermore obliged to present themselves at the gate for boarding no later than at the time given at the check-in. If you do not keep to the check-in/boarding times and do not present yourself at the gate early enough for boarding, SunExpress shall be entitled to cancel your flight booking and to refuse carriage. SunExpress accepts no liability for damages and expenses incurred by you as a result of non-compliance with these regulations, for which you are solely responsible.

10. Passenger’s conduct

If your conduct on board is such that you pose a risk to the aircraft or to persons or items of property on board, that you interfere with the crew’s carrying out their official duties or refuse to follow the crew’s orders including orders pertaining to the ban on smoking, use of alcohol or drugs, or that you are a nuisance to or injure other passengers or members of the crew we reserve the right to take all necessary steps to prevent such conduct including handcuffing, or to refuse to carry the passenger.

11. Non-smoking flights

All SunExpress flights are non-smoking. Smoking is prohibited in all areas of the aircraft and during the entire stay on board.

12. Travel documents

You are obliged to and responsible for obtaining all travel documents and visas for your travel, and to comply with all regulations of the states which are overflown or flown to, or from which the flight departs. We will not be liable for any damages incurred by you as a result of your failure to obtain all necessary papers, or from non-compliance of the applicable regulations or instructions. You are obliged to present the entry and leave documents prior to travelling which are stipulated by the relevant states and to allow us to make copies of these documents. We reserve the right to refuse to transport you if you do not comply with the decisive regulations or if your documents are incomplete, and we accept no liability for losses or expenses incurred by you as a result of not complying with these regulations.

13. Breach of entry regulations and its legal consequences

If you are refused entry into a country, you are obliged to pay the fine levied by the respective country. You are furthermore obliged to pay the applicable airfare if we have to return you to the point of departure or other place on the orders of an authority because you are not allowed to enter a country (transit or destination country). For payment of the airfare we are entitled to use the money paid by you for transport not used or the funds from you which are in our possession. The airfare paid up to the place of refusal or expulsion will not be reimbursed. 

If we are required to pay or deposit fines or incur other expenses because you did not comply with the regulations regarding entry into or transit across the state in question or because the documents required by these regulations are not available you are obliged to pay us back, if demanded, the paid or deposited sums and to reimburse our expenditure. We shall be entitled to avail ourselves of the unused air tickets or cash funds to cover such expenses. Fines differ between countries but may far exceed the price of air tickets.

14. Liability and period for filing an action

Transport under this air ticket may be subject to the liability stipulated by the Montreal Convention or the Warsaw Convention which regulate and possibly limit the airline’s liability for death of injury and the loss of or damage to luggage and for delays.
Under the Montreal Convention, liability is limited as follows:

1. There is no maximum amount of liability for the death or personal injury of passenger. For damage up to 100,000 Special Drawing Rights (SDR) of passengers (approx. €122,000 per passenger) the carrier retains the right to prove that the injured party is partially or in whole responsible for the damage. In this respect he is exempt from any liability (Art. 20). The carrier is not liable for any damage over and above this if he proves that the damage is not due to unlawful and culpable acts or failure of the carrier or his people or is only due to the unlawful and culpable acts of third parties (Art. 21). The carrier pays an advance to cover the immediate economic needs of the rightful claimant.
2. in the case of destruction, loss, damage to or delay of luggage to 1,000 SDR (approx. € 1,220). If the value of your luggage exceeds this sum you should inform the carrier at check-in or ensure prior to travelling that your luggage is fully insured.
3. in the case of delay of the air carriage of the passenger to 4,150 SDR (approx. €5,100).

In accordance with the Warsaw Convention, liability is limited as follows:
1. for death and personal injury to 250,000 francs (approx. €27,400) where the Hague Protocol and to 125,000 francs (approx. €13,700) where the Warsaw Convention applies.
2. for the destruction, loss, damage to or delay of checked luggage to 250 francs/kg (equivalent to €27.35) and to 5,000 francs (equivalent to €547) for hand luggage.
A higher limit of liability applies if the passenger makes a special declaration no later than at the check-in procedure and has paid the agreed supplement.

The action for damages can only be filed within a time limit of two years; the period starts on the day on which the aircraft has reached or should have reached its destination, or on the day on which the transport was interrupted.

If items were contained in your checked luggage which had to be removed during the safety check SunExpress shall only be liable in the case of wilful or grossly negligent culpability.

15. Data protection and data security

TUIfly.com and/or SunExpress 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 SunExpress 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 SunExpress 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.

16. Travel insurance

The airfare does not include insurance, in particular it does not cover insurance for cancellation charges. We urgently recommend to take out such insurance when booking the travel. In the event of a claim an immediate written notice of damage to the insurer is required. SunExpress is not entrusted with the adjustment of claims.

17. Amendments

17.1
TUIfly.com reserves the right to amend these STCC SunExpress at any time with effect for the future without obligation to notify the user. The STCC SunExpress 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 SunExpress, the user declares his consent to the amendments.

17.2
No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC SunExpress or to waive their applicability.

18. Verbal agreements

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

19. 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.

20. 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:

TUIfy 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 2014-10-21 top