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Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH in the capacity of Contracting Carrier for Carriage executed by Turkuaz Airlines GmbH as Actual Carrier

1.1
These Special Terms and Conditions of Carriage (“STCC Turkuaz 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 (“GTCC”) and which are executed by Turkuaz Airlines GmbH (hereinafter referred to as Turkuaz) and/or any agents employed in performance of Turkuaz’ obligations.

1.2
TUIfly.com is the contracting carrier as defined in legislation governing carriage by air and the party to the contract with the passenger. If TUIfly.com has the carriage to which the passenger is entitled handled by Turkuaz, Turkuaz is the actual carrier as defined in legislation governing carriage by air.

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

2.1
All notification to be made directly to Turkuaz is handled by the Turkuaz customer service department, which can be contacted at:

Tel.: + 49 - 211 - 59 801 594

or fax: + 49 - 211 - 59 801 580

or e-mail:  kundendienst@turkuazairlines.com

2.2
Turkuaz can be contacted at the following address:

Turkuaz Airlines GmbH
Kö-Center
Königsallee 30
40212 Düsseldorf / Germany

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, Turkuaz will carry expectant mothers up to 4 weeks before the expected date of delivery without certification that the passenger is fit to travel; the carrier 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 36th week.

Expectant mothers will no longer be carried as from 4 weeks before the expected date of delivery.
NB:
If the passenger has booked an outbound and return flight, Turkuaz 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 Turkuaz.

4.2 Hand baggage
One item of hand baggage up to a maximum weight of 5 kg can be carried free of charge. If the permissible maximum weight for hand baggage is exceeded, Turkuaz 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.

4.3 Special baggage 
Fees must be paid for transporting special baggage. In particular, such baggage includes sports equipment (golf baggage, diving equipment, bicycles, body boards, surfboards, ski equipment, etc.) and animals. The legal regulations for the respective nation and the IATA Live Animals Regulations for transporting animals must be observed.
Dogs and cats must be transported in a suitable, closed, leak-proof, escape-proof container in the aircraft cabin. The weight, including the transportation container, may not exceed 6 kg. For reasons of safety and space capacity, entitlement to transportation of the animal will be granted only if it was registered and confirmed at the time of booking. The passenger is responsible for complying with all of the requirements for the respective vaccination and health certificates and entry documents. If these requirements are not met or proof is not available, Turkuaz is entitled to refuse transportation of the animal. Please note that pets cannot be transported in the cargo compartment under any circumstances.

4.4 Prohibited baggage items
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.
Turkuaz 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.

4.5 Refusal to carry baggage
Turkuaz 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.

5.1 Turkuaz 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:

(a) The passenger behaves on board or prior to boarding the aircraft in such a way that
- the aircraft, persons or items on board are jeopardised, or
- the passenger obstructs the crew in the performance of its duties, or
- the passenger does not obey the instructions of the crew, especially with regard to smoking or the consumption of alcohol or drugs, or
- the passenger’s behaviour constitutes an unacceptable nuisance, damage or injury to other passengers or to the crew;
- there are reasonable grounds for assuming that the passenger will perform any of the above;

(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 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 check of his person or his baggage which may become necessary for security reasons;

(f) the passenger has not paid the valid airfare, any applicable taxes or surcharges, including such charges for any previous flights;

(g) the passenger is not carrying all the documents required for entry into/departure from 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 infringes regulations which apply to the performance of carriage (e.g. passport, visa and/or health regulations, including such regulations for any pets carried);

(i) the passenger fails to state a booking number or states an incorrect booking number, or the booking for the booking number stated does not correspond to the passenger’s identification document, or the passenger cannot prove that he is the person for whom the booking was made;

(j) the passenger infringes safety / security instructions of Turkuaz or instructions issued within the scope of Turkuaz’ 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 Turkuaz, or if Turkuaz has banned the passenger from entering its premises.

5.2 In the cases specified under the above 5.1, Turkuaz 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, Turkuaz 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, inclusive of remote-controlled toys and walkie-talkies – on board the aircraft is prohibited and may constitute a criminal offence. The use of hearing aids and pacemakers is, however, permitted.

Seats can be reserved on international flights up to 72 hours before departure. Hours on a Saturday, Sunday and/or public holiday do not count when calculating the above period.
Please note that owing to official safety reasons, 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, Turkuaz 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 Turkuaz is unable to allocate the passenger to a different seat after exhausting all possibilities, Turkuaz shall be entitled to refuse carriage.

The liability of TUIfly.com and Turkuaz is based on the provisions specified in the General Terms and Conditions of Carriage.

TUIfly.com and/or Turkuaz 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 Turkuaz 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 Turkuaz 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.

11.1
TUIfly.com reserves the right to amend these STCC Turkuaz at any time with effect for the future without obligation to notify the user. The STCC Turkuaz 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 Turkuaz, the user declares his consent to the amendments.

11.2 
No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC Turkuaz or to waive their applicability.

These STCC Turkuaz 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.

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