TUIfly.com

Information correct at 2014-09-02

STCC TRANSAVIA

Special Terms and Conditions of Carriage

Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH (hereinafter referred to as TUIfly.com) in the capacity of Contracting Air Carrier for Carriage executed by Transavia Airlines C.V. and/ or Transavia Denmark ApSTRANSAVIA as Operating Air Carrier (hereinafter STCC TRANSAVIA)

1. Conclusion of Contract / Contracting Parties

1.1
These Special Terms and Conditions of Carriage ("STCC TRANSAVIA") apply to all flights and other services for which a contract has been concluded with TUIfly.com incorporating the General Terms and Conditions of Carriage ("GTCC") and which are operated by Transavia Airlines C.V. and/ or Transavia Denmark ApS(hereinafter referred to as TRANSAVIA).

1.2
TUIfly.com is the Contracting Air Carrier as defined in legislation governing carriage by air and the party to the contract with the passenger. TUIfly.com shall have the carriage to which the passenger is entitled handled by TRANSAVIA; TRANSAVIA is the Operating Air Carrier as defined in the laws governing carriage by air.

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

2. Contact Information for TUIfly.com and TRANSAVIA

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

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

2.2
TRANSAVIA can be contacted at the following address:

transavia.com
Westelijke Randweg 3, building Triport III
1118 CR Schiphol Airport

PO Box 7777
1118 ZM Schiphol Airport
The Netherlands

Internet: http://www.transavia.com

2.3
The Transavia Call Center can be contacted as follows:

The Netherlands: 0900 0737 (1.30 € per call)
United Kingdom: 0906 6800065 (25 p/min.)
Belgium: +32 (0)70 66 0305
France: 0892 058888 (34 ct/min.)
Spain: 807 075022 (31 ct/min.)
Italy: 899009901 (30 ct/min.)
Denmark: 701 030 60 (local costs)
Germany: 0900 1100088 (45 ct/min.)
Portugal: 707 780009 (12 ct/min.)
Sweden: 0900 100 22 20 (SEK 5,00/min.)
Other countries: +352 270 027 28

If you are using your cell phone to call one of the numbers at the transavia.com call Center, your provider of mobile telephony services may charge a higher call rate than this.

Opening hours (CET):
Monday - Friday:  08h00-22h00
Saturday and Sunday: 09h30-18h00
On 24, 25, 31 december and 1 january: 09h30-18h00

3. Additional Services booked directly with TRANSAVIA

3.1
For information about the current charges for additional services which can be booked directly with TRANSAVIA please visit TRANSAVIA´s website or phone TRANSAVIA directly.

3.2
All charges for additional services reserved directly with TRANSAVIA are payable immediately on confirmation and are to be settled directly with TRANSAVIA.

4. Important information

4.1
TRANSAVIA will honor flight coupons only in sequence from the place of departure as shown on the ticket. The passenger coupon or passenger receipt and all unused flight coupons not previously surrendered to TRANSAVIA shall be retained by the passenger throughout his journey and shall be produced and the applicable flight coupons surrendered to TRANSAVIA at TRANSAVIA’s request.

4.2
The ticket will not be valid and TRANSAVIA will not honor the passenger’s ticket if the first flight coupon for international travel has not been used and the passenger commences his journey at any stopover or agreed stopping place.
availability of space on the flight applied for.

5. Reconfirmation of reservations

If TRANSAVIA requires the passenger to reconfirm onward or return reservations within a certain time limit, failure to comply with any such requirement will entitle TRANSAVIA to cancel the onward or return reservation.

6. Flying during pregnancy

In the case of a pregnancy without any complications, flying is allowed until the 36th week without the need to be able to present a medical certificate by a doctor. After the 36th week of pregnancy, flying is no longer allowed. Women expecting a multiple birth are allowed to fly until the 34th week without the need to be able to present a medical certificate by a doctor. After the 34th week of pregnancy, flying is no longer allowed.

In the case of a pregnancy with complications, it is always required to provide a medical certificate drawn up in both Dutch and English on flights from/to The Netherlands and Copenhagen. For flights from/to Paris-Orly, the certificate has to be drawn up in both English and French. This certificate should be no older than 7 days. After the 34th week of pregnancy flying is no longer allowed.

7. Carriage of infants and children

7.1 Infants
Newly born infants are not allowed to travel in a pressurised cabin until seven days after their birth.
The birth should have taken place without any complications.
Premature infants are not transported.
A luggage allowance of 10 kg (including buggy or Maxi Cosi) applies for infants.

For infants up to the age of 23 months a number of regulations apply on board, which the passenger has to take into consideration when making a booking:
Each infant has to be accompanied by a person of 16 years old or older.
An infant may only be transported on the lap.
Because of the safety regulations, each adult may only travel with a single infant.
Only if the passenger has paid for an additional separate seat for the infant at the normal fare will there be room for a Maxi Cosi, approved by ANWB or TNO, with a maximum measurement of 41 centimetres wide and 57 centimetres long. Because of their size and flight safety requirements, a car seat or travel cot is not allowed.
Children’s seats for cars for larger children (from 9 months) are normally not suitable for fastening onto an aircraft seat and are therefore also not accepted on board.

TRANSAVIA´S crew always have the right to refuse a child’s seat for a car/a travel cot/a Maxi Cosi in the interest of flight safety. Travel cots are also not allowed on board. TRANSAVIA does not have any travel cots on board.

7.2 Children travelling alone
The following rules apply to children travelling unaccompanied (unaccompanied: children accompanied by someone of 16 years of age or older):

Children under the age of 4 will not be accepted on board travelling unaccompanied.
Children aged 5 to 11 are allowed to travel unaccompanied. The staff of the TRANSAVIA Call CENTER must be notified that the child will be travelling unaccompanied. TRANSAVIA will make arrangements for the child to be escorted to and from the aircraft. The purser on duty will look after the unaccompanied child during the flight and on arrival the purser will hand the child over to the TRANSAVIA handler at the final destination. There must be someone of 16 years of age or older to collect the child at the final destination. Otherwise the child has to go back on the return flight. The person who has come to collect the child must report to the TRANSAVIA handler at the airport in question. The cost of this service is €50.00 per child per one way.

Children aged from 12 to 16 are allowed to travel unaccompanied and will not be escorted by TRANSAVIA personnel, unless this service was requested. Passengers accompanying children under the age of 12 must be 16 years of age or older themselves.

8. Passengers with reduced mobility

8.1 Prior to the commencement of the flight
The carriage of passengers travelling with a wheelchair or in need of special assistance is subject to certain restrictions. Passengers wishing to travel with a wheelchair or in need of special assistance must notify TRANSAVIA when booking or after booking, at least 48 hours prior to departure. The passenger should specify whether he or she can walk unaided, whether or not he or she is able to manage stairs or that he or she is unable to walk. The appropriate form of assistance will be arranged based upon this information. Passengers who require assistance are requested to check in early in order to allow sufficient time to arrange a wheelchair. If you are travelling with a wheelchair with a wet battery or a scootmobile, please contact the TRANSAVIA Call CENTER for the conditions.
The height of wheelchairs cannot exceed 86 cm. TRANSAVIA also kindly requests that passengers with wheelchair check in on time (2.5 hours before departure) so that the wheelchair can be made ready for travel.

8.2 Service on board
TRANSAVIA flight attendants are not authorised to assist passengers with eating or personal hygiene. The same applies to lifting or carrying passengers and administering medicines or injections. If a passenger needs this kind of assistance, he or she will need to travel with a personal escort who can assist the passenger during the flight. A personal escort pays the normal fare. There are no wheelchairs available on board in which passengers with reduced mobility move around during the flight.

9. Carriage of Baggage

9.1. Free baggage allowance
9.1.1 The entitlement to carriage of baggage is only included in the price of the flight if the baggage fulfils the following baggage allowance conditions.
9.1.2 The baggage allowance does not apply to baggage put in the hold, but only baggage taken on board as hand baggage and which was identified to TRANSAVIA as hand baggage at the check-in and which has a maximum weight of 10 kg and maximum size of 55 x 35 x 25 cm.
9.1.3 Art. 11 governs the carriage of animals and is subject to special charges. 
9.1.4. Young children under two who fly at a special flat service rate are entitled to a baggage allowance of one piece of baggage with a maximum weight of 10 kg (this can be a pram, Maxi-Cosi seat or push chair).

9.2 Excess baggage
(a) Baggage exceeding the allowance is carried upon payment of an extra charge. Before departure, carriage of excess baggage can be registered with the TRANSAVIA service centre. If the excess baggage is not registered with TRANSAVIA before departure, the airport will levy a higher baggage charge.

(b) If no previous arrangements have been made with TRANSAVIA, TRANSAVIA can carry the baggage that exceeds the baggage allowance on later flights.

9.3 Right to refuse baggage
TRANSAVIA will refuse carriage as baggage of any item specified in Clause 13 of the General Terms and Conditions of Business and Carriage of TUIfly.com and may refuse further carriage of any baggage on discovering that it consists of or includes any such item. TRANSAVIA has no obligation to take refused baggage and/or articles into custody. If baggage and/or articles are taken in custody other than as checked baggage, TRANSAVIA does not accept any liability therefore, except in case of willful misconduct or gross negligence.

9.4 Right of search
TRANSAVIA may request the passenger to permit a search, x-ray, manual scan or other type of scan to be made of his person and/or his baggage, and may search or have searched the passenger’s baggage in his absence if the passenger is not available, for the purpose of determining whether or not he is in possession of or whether his baggage contains any item named in General Terms and Conditions of Business and Carriage of TUIfly.com, for tracing purposes or for reasons of safety and security, and in order to ensure that provisions in respect of baggage are complied with. If the passenger is unwilling to comply with such request, TRANSAVIA may refuse to carry the passenger or baggage. In the event an x-ray, manual scan or other type of scan causes damages to the passenger and/or his baggage. TRANSAVIA does not accepts any liability therefore, except in case of willful misconduct or gross negligence.

9.5 Checked baggage
(a) Upon delivery to TRANSAVIA of baggage to be checked, TRANSAVIA shall take custody thereof. TRANSAVIA will thereupon issue a baggage identification tag for each piece of checked baggage.

(b) TRANSAVIA may refuse to accept baggage as checked baggage unless it is properly packed in locked suitcases or other suitable containers to ensure safe carriage with ordinary care in handling. TRANSAVIA has no obligation to take refused baggage and/or articles in custody. If baggage and/or articles are taken in custody other than as checked or unchecked baggage, TRANSAVIA does not accept any liability therefore, except in case of willful misconduct or gross negligence.

(c) The passenger shall not include in checked baggage fragile or perishable items, money, keys, jewelry, electronic equipment, metals, silverware, negotiable instruments, business documents, samples, securities, valuable items, medications, medical documents, passports and other identification documents.

(d) Prior to acceptance the passenger shall affix exterior identification to the baggage showing his family name and initials. If the passenger is not willing to do so, TRANSAVIA may refuse carriage of the passenger and baggage.

(e) TRANSAVIA undertakes to use reasonable efforts to carry checked baggage on the same aircraft as the passenger. Checked baggage not so carried will subsequently be delivered to the passenger as soon as reasonably possible unless applicable law and/or custom- and/or airport authorities require the passenger to be present for customs clearance.

(f) TRANSAVIA is not liable for scratches, dents and other minor damage to suitcases or other luggage or damage to handles, wheels and belts and other protruding parts of suitcases or luggage, or damage due to the decay of the contents of the baggage, unless TRANSAVIA has caused such damage by its gross negligence or willful misconduct.


9.6 No declaration of higher value and charge
Checked baggage will be considered to be accepted without declaration of a higher value. However, you can increase the limit of liability for loss of, damage of delay to baggage by filling in a “special declaration” stating a higher value of the baggage. TRANSAVIA will charge a supplementary fee for this. This fee is based on a tariff, caused by the extra costs for carriage and insurance of the baggage involved, on top of the respective costs for baggage, valued on or beneath the amount of the liability limit. This tariff can be obtained on request.

9.7 Unchecked baggage
(a) The following hand baggage is allowed per person:
• 1 piece of hand baggage (incl. laptop, photo and film equipment)
• Maximum sizes (L x W x H) 55 x 35 x 25 cm
• Max. weight 10 kg

The following items are also permitted:
• 1 jacket
• 1 carrier bag with articles bought at the airport after security screening/customs.

(b) Baggage that the passenger takes on board of the plane must fit underneath the seat in front of the passenger, or in a closed baggage compartment that is available for the passengers in the cabin. Hand baggage must still comply with TRANSAVIA’s other regulations. Any instructions issued by TRANSAVIA must be followed by the passenger. Objects that do not comply with the type of objects stated on the ticket, or exceed the number of objects stated on the ticket, as well as objects that TRANSAVIA has stated are too heavy or too large, or for other reasons are not safe, are not permitted in the cabin and must be checked and the appropriate baggage charges paid.

c) Musical instruments are normally transported in the cargo hold. Musical instruments which the passenger believes are not suitable for carriage in the cargo hold (due to risks of breakage etc) are only carried in the cabin if TRANSAVIA is informed of this beforehand and if TRANSAVIA has granted permission. Carrying these types of objects can be charged for separately. Musical instruments can only be carried in the cabin whose sizes comply with the requirements on hand baggage. It is not possible to book an extra seat for carrying musical instruments.

9.8 Collection and delivery of baggage
(a) It is the passenger’s responsibility to collect his baggage as soon as it is available for collection at places of destination or stopover. Should the passenger not collect it within a reasonable time, TRANSAVIA may charge the passenger a storage fee.

(b) Only the bearer of the baggage identification tag delivered at the time the baggage was checked, is entitled to collect his baggage.

(c) Acceptance of baggage by the bearer of the baggage identification tag without complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.

10. Refusal of and limitation on carriage

10.1 Right to refuse carriage
TRANSAVIA may refuse carriage of passenger and his or her baggage or further carriage for reasons of safety and/or order or if, in the exercise of its reasonable discretion, TRANSAVIA determines that such action is necessary:
(a) because the conduct, age or mental or physical state of the passenger is, or reasonably seems to be, such as to:
(1) require special assistance of TRANSAVIA which TRANSAVIA cannot provide;
(2) cause discomfort or make himself objectionable to other passengers; or
(3) possibly involve any hazard or risk to himself or to other persons or to property;

(b) because the passenger has failed to observe any reasonable instructions of TRANSAVIA, given in order to ensure safe, efficient and comfortable carriage for all passengers or to enable TRANSAVIA otherwise to comply with its obligations towards any other passengers;

(c) because the passenger has expressed himself in such a way or displayed such behavior that doubt exists with respect to the safety to carry such person. Such expression or behavior includes the use of threatening, abusive or insulting language towards ground staff or crew;

(d) because the passenger has refused to submit either himself or his baggage to a security check by TRANSAVIA or by any airport or government official;

(e) because the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between TRANSAVIA and the passenger have not been complied with;

(f) because Customs and/or Immigration Authorities or any other Government Authority has informed TRANSAVIA orally or in writing that the passenger is not allowed to travel. This includes the case that the passenger has received a negative travel advice from Customs and/or Immigration Authorities or any other Government Authority;

(g) because the passenger does not appear to be properly or validly documented;

(h) because the passenger may seek to enter a country through which he may be in transit, or for which he does not have a valid entry document;

(i) because the passenger destroys his documentation during the flight;

(j) because
i. the ticket presented by the passenger:
(1) appears to be invalid;
(2) appears to have been acquired unlawfully or to have been purchased from an entity other than the issuing TRANSAVIA or its authorized agent;
3) has been reported lost, stolen, fraudulent or otherwise suspicious;
(4) appears to be a counterfeit ticket;
(5) contains any flight coupon which appears to have been altered by anyone other than TRANSAVIA or its authorized agent, or has been mutilated, or
ii. the person presenting the ticket cannot prove that he is the person named in the “NAME OF PASSENGER” box,
in which cases TRANSAVIA reserves the right to retain such ticket;

(k) because the passenger has previously committed one of the acts or omissions referred to above, and TRANSAVIA has reason to believe that such conduct may be repeated;

(l) because TRANSAVIA has notified the passenger in writing that TRANSAVIA would not at any time after the date of such notice carry the passenger on his flights, until further notice.

2. The passenger refused carriage or removed en route for any reasons specified in paragraph 1 of this article, is not entired to refund.

3. Carriage of unaccompanied children, incapacitated persons, pregnant women or persons with illness or other people requiring special assistance shall only be performed subject to TRANSAVIA’s prior consent. Next to that, passengers who suffer a contagious disease, must produce at check in a medical certificate of an (independent) doctor, which statement confirms that it is safe to fly and that the disease is no longer contagious.

 

11. Carriage of Pets

11.1
Carriage of dogs, cats, domestic birds and other pet animals is subject to TRANSAVIA’s explicit prior approval. It is contingent on the animals being properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit. TRANSAVIA reserves the right to determine the manner of carriage and to limit the number of animals which may be carried on a flight.

11.2
If accepted as baggage, the animal together with its container and food carried, shall not be included in the free baggage allowance of the passenger but constitute excess baggage, for which the passenger shall pay the applicable rate.

11.3
Animals, trained to assist governmental officials, rescue teams or handicapped passengers, and accompanying such officials, teams or passengers, will be carried free of charge, together with containers and food, in addition to the applicable free baggage allowance.

11.4
Acceptance for carriage of all animals is subject to the condition that the passenger assumes full responsibility for such animal and the necessary permits and certificates, or the like. TRANSAVIA shall not be liable for injury to or loss, delay, sickness or death of such animal in the event that it is refused entry into or passage through any country, state or territory, unless such damage has been caused by TRANSAVIA’s willful misconduct or gross negligence.

11.5
TRANSAVIA only carries cats and dogs that are at least three months old. Pets are not accepted on intercontinental flights and flights to and from Ireland and the U.K. Passengers should contact the TRANSAVIA Call Center and ask for the conditions of carriage of pets.

12. Conduct aboard aircraft

12.1
If the conduct of the passenger aboard the aircraft endangers
or threatens to endanger one or more persons or property or the aircraft itself, if the passenger obstructs the crew in the performance of their duties, fails to comply with any instruction of the crew to ensure the safety of the aircraft or the safe, efficient and comfortable transportation of the passengers or behaves in a manner to which other passengers may reasonably object, Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the passenger.

12.2
Pursuant to Article 96 Dutch Civil Air Navigation Regulation, the aircraft commander is authorized to take the necessary measures in order to secure the safety of the flight, including physical restraint, to maintain the order and discipline on board and to enable him to transfer persons who disturb the order on board or who threaten the safety of the flight to the competent authorities. The passenger is obliged to comply with the instructions given by or on behalf the aircraft commander. The aircraft commander may report criminal offences, including the non-compliance with instructions given by or on his behalf.

12.3
For safety reasons, Carrier may forbid or limit operation aboard the aircraft of electronic equipment, including cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games, radio controlled toys, scanners, walkie-talkies and other equipment with an antenna, with the exception of hearing aids and heart pacemakers.

12.4
Consumption of any alcoholic beverages brought into the aircraft by a passenger is prohibited. Carrier may limit or discontinue the service of alcoholic beverages to a passenger at its own discretion in order to maintain the good order and discipline on board the aircraft.

12.5
Carrier may prohibit all smoking on board. Smoking in the lavatories may endanger the safety of the aircraft and is prohibited at all times. Violation of this prohibition is a criminal offence. The aircraft commander may report the offence to the competent authorities.

12.6
It is prohibited to carry drugs of any kind and/or use the same on board. The captain may report to the competent authorities.

12.7
Carrier has the right to refuse carriage to each passenger who does not comply with the obligations of this article. The passenger is liable towards Carrier for Carriers’ damages, including possible claims of third parties against Carrier, as a result of the non-compliance with the obligations in this article. Carrier and the crew are not liable for damage suffered by the passenger as a result of the exercise by Carrier of its rights under this article.

13. Liability

The liability of TUIfly.com and TRANSAVIA is based on the provisions specified in the General Terms and Conditions of Business and Carriage (GTCC).

14. Personal Data

14.1
The passenger shall permit TUIfly.com and TRANSAVIA, within the scope of the relevant legislation, to store all personal data disclosed to TUIfly.com and/or TRANSAVIA or an authorised agent by the passenger for the purpose of flight reservation.

(a) This data is important for additional services, such as investigating baggage fraud, to avert and/or prove air ticket fraud, for compliance with import/export regulations and for disclosure to the authorities.

(b) TUIfly.com and TRANSAVIA are further authorised to disclose such personal data for the aforesaid purposes to their own offices, authorised agents, other airlines, other service providers and to public authorities in Germany and abroad.

15. Amendments

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

16. No Verbal Agreements

These STCC TRANSAVIA and the GTCC of TUIfly.com 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 TRANSAVIA and the GTCC, the GTCC shall take precedence.

17. 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.

18. 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 2014-09-02 top