TUIfly.com

Information correct at 2014-07-21

STCC Turkish Airlines

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 Turkish Airlines as the actual carrier.

1. Scope of application

1.1
These Special Terms and Conditions of Carriage ("STCC Turkish Airlines") apply for 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 Turkish Airlines (hereinafter referred to as "Turkish Airlines") and/or the respective parties responsible for fulfillment.

1.2
TUIfly.com is the contracting air carrier defined in legislation governing carriage by air and is party to the contract with the passenger. If TUIfly.com assigns Turkish Airlines to provide the carriage to which the passenger is entitled, Turkish Airlines is the operating air carrier defined in legislation covering carriage by air.

1.3
In addition to the STCC for Turkish Airlines, the GTCC for TUIfly.com also apply. In case of conflict between this STCC for Turkish Airlines and the GTCC, the GTCC shall take precedence.

2. Contacting TUIfly.com and Turkish Airlines

2.1
TUIfly.com can be contacted at the following address:
TUIfly Vermarktungs GmbH
Karl-Wiechert-Allee 23
30625 Hanover
Germany

2.2
All registrations that are to be made directly with Turkish Airlines (see sections 5, 6, 7) are processed by Turkish Airlines customer service.  You can reach the German language Call Center by telephone at 01805 – 849266 (0.14 €/min. from the German landline network; mobile phone rates may vary).

The mailing address for Turkish Airlines is:
Ataturk Airport, Yesilkoy 34149, Istanbul, Turkey
Web site: www.thy.com

3. Additional services

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

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

4. Important information regarding the 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 or in the conditions or the applicable fares (which can limit the 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 that require special services

Carriage of passengers such as disabled or ill persons, pregnant women or others that require special services or care must be registered in advance by telephone. Passengers who notified Turkish Airlines regarding such special services or care when the ticket was purchased and whom Turkish Airlines agreed to transport will not be excluded from transportation based on their need for services.

6. Carriage of infants, children and adolescents

6.1
Children that are not yet 7 years old must always be accompanied by an adult who is at least 18 years old. Children who are at least seven, but not yet twelve years old when travel commences, and whose parents or guardians confirm that they may travel alone, may travel alone. Carriage for children traveling alone must be registered in advance by telephone. Children who are at least two, but not yet seven years old may fly with appointed supervision. All costs incurred with regard to the flight attendant (supervision) are charged to the passenger. Child passengers who will be traveling under supervision must be booked directly with Turkish Airlines at least 48 hours before departure.

6.2
Children may also be transported in their own child seats in a seat on the flight; an additional seat must be booked for infants under the age of 2 years. The passenger must secure the child seat to the aircraft seat using the available seat belt for the duration of the flight. The child seat must be suitable for use on board an aircraft. Otherwise, Turkish Airlines is entitled to deny transportation of the child seat in the cabin. Turkish Airlines is not liable for any consequences that result if the passenger does not secure the child seat correctly, if the seat does not function properly or if the seat instructions are not followed.
For more information about traveling with children, see the section "Travel information – Minors, Mothers to Be, INCAD" on the web site www.thy.com .

7. Carriage of baggage

7.1 Free baggage  
Turkish Airlines transports a certain amount of checked baggage ("free baggage") and hand luggage at no cost. These amounts can differ depending on flight route and booking class.
On international flights, 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. 10 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 up to 8 kg , 55 cm x 40 cm x 23 cm
For more information about baggage, see the section "Travel information - Baggage" on the web site www.thy.com .

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 "Travel information - Baggage" on the web site www.thy.com.  Registration must be made directly by calling the Turkish Airlines service center.

7.3 Baggage may not contain the following:
7.3.1.1 Items that may be used to place the aircraft or persons or items on board the aircraft at risk as they are listed in the ICAO and IATA dangerous object regulations, which can be obtained from Turkish Airlines or at travel agencies where tickets are issued. In particular, these include explosive substances, gases under compression, oxidizing, radioactive or magnetizing substances, substances that are easily ignited and poisonous or aggressive substances as well as any type of liquid substance (with the exception of such liquids that passengers have in their hand luggage for use during the flight);
7.3.1.2 Items for which carriage is prohibited by the regulations of the countries from which the flight departs, to which it arrives or over which it flies;
7.3.1.3 Items that are dangerous or not secure or are not suitable for carriage due to their weight, size or type or because they are subject to spoilage, are fragile or are particularly sensitive; further explanation regarding actual, individual cases can be obtained from Turkish Airlines or travel agencies where tickets are issued;
7.3.1.4 Individual lithium batteries or accumulator batteries (such as those normally used in electronic consumer goods, e.g. laptop computers, mobile telephones, clocks, cameras) are only permitted for transport in hand luggage. At the most, two individual lithium batteries or accumulator batteries with an hourly wattage up to 160 Wh hours may be transported as replacement batteries for electronic consumer goods. The transportation of individual batteries or accumulator batteries with an hourly wattage of 100 Wh to 160 Wh requires the prior consent of the airline. Further information regarding the transportation of batteries and accumulator batteries may be found in the international dangerous goods regulations of the International Civil Aviation Organization - ICAO - either directly on the ICAO web site under the category Dangerous Goods or on the web site of the Luftfahrt-Bundesamt (German Federal Office of Civil Aviation).
7.3.2 If you are carrying any of the following on your person or in your baggage, you must show these items to Turkish Airlines before travel commences: firearms of any type, particularly (a) guns, cutting or blunt weapons or spray devices that are used for attack or defense purposes, (b) ammunition or explosive materials, (c) objects that, judging from their external appearance and identifying marks, seem to be firearms, ammunition or explosive materials. Such objects are only allowed to be transported if they are carried as freight or checked baggage in accordance with the regulations covering the transportation of hazardous items. Sentence 2 does not apply to police officers who are required to carry firearms when in service. During the flight, they must turn over their firearm(s) to the responsible pilot in command.
7.3.3 Weapons of any type, particularly guns, cutting or blunt weapons and spray devices. At the discretion of Turkish Airlines, firearms for hunting and sport may be allowed as baggage. They must be unloaded and the safety lock must be engaged. The transportation of ammunition is subject to the regulations of the ICAO and IATA listed in section 7.3.1.1.
7.3.4 If you are responsible for items contained in your checked baggage that contradict the regulations in accordance with 7.3.1 and 7.3.2, Turkish Airlines is not liable.

7.4 Right to refuse carriage
7.4.1. In accordance with sections 7.3.2. and 7.3.3, Turkish Airlines shall refuse to transport any of the items listed in section 7.3 of this document; if the presence of such items is determined during the course of carriage, Turkish Airlines can refuse further carriage.
7.4.2. Turkish Airlines can refuse to provide carriage for baggage if it is not suitable for carriage due to its size, form, weight, type or contents or for safety or security reasons or with regard to the well-being of the passengers. You can obtain information regarding items that are not suitable for carriage by request.
7.4.3. Turkish Airlines can refuse to provide carriage for baggage if it is not properly packed in suitcases or similar containers in order to ensure safe and secure carriage with the usual care taken when dealing with baggage.

7.5 Searching passengers and baggage
For security reasons, Turkish Airlines can require that you consent to a search or screening of your person and your baggage and an x-ray examination of your baggage. If you do not consent to a search of your person or your baggage for the presence of objects that are not permitted or were not shown in accordance with section 7.3, Turkish Airlines can refuse carriage for you and for your baggage.

7.6 Checked baggage
After the baggage has been checked, Turkish Airlines shall be in charge of it. Turkish Airlines makes an entry on the flight ticket, which constitutes the issuance of the baggage receipt. If Turkish Airlines issues a baggage identification tag in addition to a baggage receipt, it is used only to label the baggage.
7.6.1 Checked baggage must be marked with your name or other identification.
7.6.2 Checked baggage must be transported by the same aircraft in which you travel unless, for reasons of safety or security or for operational reasons, Turkish Airlines decides to transport it on a different flight. If your checked baggage is transported on a subsequent flight, Turkish Airlines shall deliver it to your destination location as long as your presence at the customs examination is not required.

7.7 Hand luggage
7.7.1 Turkish Airlines can specify the quantity, maximum weight and maximum dimensions for hand luggage. Hand luggage must always be able to fit below the seat in front of you or in the luggage compartments. If your hand luggage does not meet these prerequisites or the safety or security requirements, it must be transported as checked baggage.
7.7.2 Items that are not suitable for transportation in the cargo area, e.g. sensitive musical instruments, and that do not meet the requirements according to section 7.7.1. are only accepted for transportation in the cabin if they are reported to Turkish Airlines in advance and are accepted by Turkish Airlines for carriage. Turkish Airlines can charge an extra fee for this special service.
 
7.8 Return of checked baggage
7.8.1 You are obligated to pick up your baggage as soon as it is made available at the destination airport or at the location at which the flight ends.
7.8.2 Turkish Airlines shall deliver the checked baggage only to the person possessing the baggage receipt, and only in return for any payments still owed to Turkish Airlines.
7.8.3 If the person accepting the baggage cannot produce the baggage receipt or if he or she cannot identify the baggage based on the baggage identification label, if one was issued, Turkish Airlines shall only deliver the baggage under the condition that the right to deliver the baggage has been credibly demonstrated to the satisfaction of Turkish Airlines.

7.9 Small animals, guide dogs
7.9.1 The carriage of dogs, cats and other house pets is subject to the agreement of Turkish Airlines and the following conditions: the animals must be properly secured in their shipping crates and provided with valid proof of health and vaccination, entry permits and other entry or transport documentation required by the respective countries. Turkish Airlines reserves the right to determine the type of carriage and to limit the number of animals allowed for a particular flight.
7.9.2 The weight of the animals transported and the weight of the shipping crate and the animal's food are not included in the passenger's free baggage; instead, an additional fee will be charged according to the applicable extra baggage rate.
7.9.3 Guide dogs for the blind and for other comparable purposes (working dogs, dogs used for psychotherapy) as well as their shipping crates and their food are transported without an additional fee and without application of the free baggage limit. This free transportation as well as carriage in the cabin require proof of medical necessity. For flights to or from the USA, those passengers who require the accompaniment of a dog used for psychotherapeutical reasons must provide documented medical proof.
7.9.4 Turkish Airlines does not accept any responsibility or liability for the provision of the required entry, departure, health and other documentation for the animal or for the fact that arrival into or travel through the respective countries is permitted, unless Turkish Airlines has caused these problems intentionally or due to gross negligence. You are liable for any damage caused to a third party by the animal and release Turkish Airlines from any liability. For flights to or from the USA, those passengers who require the accompaniment of a dog used for psychotherapeutical reasons must provide documented medical proof.

8. Decision-making authority of the responsible pilot in command

At all times, the responsible pilot in command is authorized to take any necessary safety and security measures. Therefore, the pilot has complete authorization to make decisions regarding passenger seating and boarding as well as the distribution, securing and unloading of the baggage to be transported. The pilot makes all decisions regarding whether or not the flight is undertaken and in what manner and regarding deviations from the intended route and where a landing or intermediate landing is to be made. This also applies if the behavior, state or mental or physical condition of a passenger is such that the cabin personnel would have to provide an undue amount of assistance.

9. Passenger check-in and boarding

9.1
Check-in times differ from airport to airport, and Turkish Airlines recommends that you inform yourself regarding these time periods and comply with them. Your trip will go more smoothly if you plan for enough time to comply with the check-in periods. If you do not comply with these check-in periods, Turkish Airlines is entitled to cancel your booking. Turkish Airlines or the travel agency that issued the ticket will inform you regarding the check-in time for the first route operated by Turkish Airlines. If no other check-in time period is indicated, it shall be at least 30 minutes before the planned departure.

9.2
You are obligated to be at the gate for boarding at the latest by the time indicated at check-in.

9.3
If you do not arrive in a timely manner for boarding, Turkish Airlines is entitled to cancel your booking.

9.4
Turkish Airlines is not liable for damage and expenses caused only by your own violation of these regulations.

10. Limitation/Refusal of carriage

10.1
Turkish Airlines can refuse carriage or further carriage to you if Turkish Airlines used due discretion in informing you in writing before you made your booking that Turkish Airlines would no longer provide carriage to you on Turkish Airline flights as of the date of the written communication. This may be the case if you violated the rules for behavior listed in sections 10.1.7 and 10.1.10 on a previous flight and for this reason, it is unacceptable to provide you with carriage. Furthermore, Turkish Airlines is permitted to refuse carriage or further carriage to you or to cancel your booked seat if
10.1.1 This measure is necessary for security reasons or order or to avoid violating the official or legal provisions of the country of departure or destination or over which the aircraft shall fly; or
10.1.2 Transporting you can limit the safety or health or the well-being of other passengers in a substantial way; or
10.1.3 Your behavior, your state or your mental or physical condition, including the effects of alcohol consumption or drug use, is such that it constitutes a danger to yourself, other passengers or crew; or
10.1.4 Your behavior on a previous flight violated rules in a significant manner and there is reason to assume that this behavior will repeat itself; or
10.1.5 You have refused to subject yourself to a security check; or
10.1.6 You have not paid the applicable price for the flight, taxes, fees or surcharges; or
10.1.7 You do not have valid travel documentation, you wish to enter a country for which you only have an authorization to travel through or for which you do not have valid entrance documentation, you have destroyed your travel documentation during the flight or refuse to give it to the crew in return for a receipt, despite the crew's request; or
10.1.8 You present a ticket that was purchased illegally or has been reported as lost or stolen, or if it has been counterfeited or if you cannot prove your identity as the person entered as a passenger on the ticket; or
10.1.9 You do not comply with the Turkish Airlines security rules; or
10.1.10 You do not adhere to the prohibition of smoking when boarding or on board Turkish Airlines or the prohibition of the use of electronic devices on board.

10.2 Entitlements in case of refusal to provide carriage
If you are excluded from carriage for one of the preceding reasons or if your seat reservation is cancelled for one of these reasons, your entitlement is limited to the right to demand a refund for the price of the flight tickets that are not used.

11. Liability

The liability of TUIfly.com and Turkish Airlines is in accordance with the rules found in the GTCC.

12. Data protection and security

In the context of implementing this contract in accordance with German Federal Data Protection Law and other legal regulations, TUIfly.com and/or Turkish Airlines are authorized to collect, process and use personal information. Data processing systems are used to collect, process, use and transfer this information in the context of the contractual purposes. The information is processed or used in the context of legal provisions for the following purposes: making reservations, purchasing flight tickets, purchasing additional services and processing payments; developing and providing services, making entry and customs procedures easier.

For these purposes, TUIfly.com and/or Turkish Airlines are authorized to collect, save, modify, block, delete and use this data and to transfer it to their own business areas and to authorized agents as well as to those who provide the services listed above on behalf of TUIfly.com and/or the operating air cargo carrier. Furthermore, TUIfly.com and/or Turkish Airlines are entitled to transfer passport information and the personal information processsed and used in connection with air transportation to domestic and foreign agencies (including agencies in the USA and Canada) if the respective request for transfer by the agency is made due to required legal regulations and is therefore required to fufill the contract for carriage.

13. Amendments

13.1
TUIfly.com reserves the right to modify these STCC for Turkish Airlines, effective in the future, without any obligation to communicate these changes to the user. The respective, current version of the STCC for Turkish Airlines shall be available on the web site from the time it becomes applicable. The user declares his or her consent to these changes by continuing to use the web site following a change to the STCC for Turkish Airlines.

13.2
No agency, employee or any other third party is entitled to make any amendments and/or addenda to the STCC for Turkish Airlines or to waive their applicability.

14. Verbal agreements

These STCC for Turkish Airlines contain all agreements 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 the STCC of Turkish Airlines and the GTCC, the GTCC shall take precedence.

15. Severability clause

Should one of the provisions be or become invalid, the validity of the remaining provisions is not affected. 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 business persons, 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 agreement shall not apply within the substantive scope of the Warsaw Convention or the Montreal Convention.

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

HRB 55840 / Commercial register, Hanover District Court
Tax ID.: DE 171612631 DE 171612631
Managing Directors: Olaf Petersenn, Dr. Oliver Dörschuck

Information correct at 2014-07-21 top