Information correct at 2012-11-21

STCC XL Airways

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 Carrier for Carriage executed by XL Airways Germany GmbH as Actual Carrier (hereinafter STCC XL)

1. Conclusion of Contract / Contracting Parties

1.1
These Special Terms and Conditions of Carriage ("STCC XL") apply to all flights and other services for which a contract has been signed with TUIfly.com with reference to the General Terms and Conditions of Carriage ("GTCC") and which are executed by XL Airways Germany GmbH or by a subsidiary company (hereinafter referred to as XL).

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. TUIfly.com shall have the carriage to which the passenger is entitled handled by XL; XL is the actual carrier as defined in legislation governing carriage by air.
1.3 In addition to these STCC XL, the GTCC of TUIfly.com also apply. In case of conflict between these STCC XL and the GTCC, the GTCC shall take precedence.

2. Contact Addresses for TUIfly.com and XL

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

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

2.2
XL can be contacted at the following address:

XL AIRWAYS GERMANY GMBH
Hessenring 13
64546 Mörfelden
Tel.: +49 (0) 6105 9789 0
Fax: +49 (0) 6105 9789 499
E-mail: preflightservices@xlairways.de
Internet: http://www.xlairways.de/

3. Additional Services booked directly with XL

3.1
For information about the current charges for additional services which can be booked directly with XL please visit the XL Airways Germany website or phone XL directly.

3.2
All charges for additional services reserved directly with XL are payable immediately on confirmation and are to be settled directly with XL by credit card.

3.3
The passenger is liable to XL for any expenses resulting from the cancellation or reversal of payments.

3.4
For a fee payable per person/route, seats can be reserved directly with XL.

3.5
Seats are reserved for families with young children and disabled passengers travelling with an escort for free. These seat reservations can also be made for customers who have booked a package holiday. In this case, written registration with XL before the flight is mandatory.

3.6
If a passenger does not sit in his or her reserved seat for the planned travel route, XL also cancels the corresponding seat reservation(s) for the other flights listed on the ticket.

4. Travellers with disabilities

4.1
The carriage of disabled persons, sick persons or other persons requiring special care can only be performed with prior consent of XL, always provided a carriage of the persons mentioned is not opposed due to their requirement for care.

4.2
XL shall carry wheelchairs, if manually or battery-operated, as checked baggage on the same flight as the passenger who needs them. If the passenger wishes to take the wheelchair on board, this shall be possible if there is sufficient room on board of the respective flight and under the conditions named in the following.

4.4
Furthermore, XL shall carry wheelchair batteries, crutches, supports or other prosthetic devices on the same flights. XL shall carry battery-operated wheelchairs with built-in battery as far as the battery was provided with the label "leak-proof" by the manufacturer.

a) Batteries not providing this label as well as not leak-proof batteries shall be carried in upright position and shall be packed in special transport boxes to be provided by the passenger.

b) The regulations about the costs for excess baggage and exclusions of liability for loss or damage shall not apply to the items named in this regulation.

c) Electromobiles cannot be carried in line with this regulation.

5. Holiday flight during pregnancy

5.1
Carriage shall be possible until (4) weeks prior to the scheduled date of birth (thirty-fifth (35th) week of pregnancy), i.e. at this time, the return flight must have been performed. Carriage shall no longer be possible thereafter.

5.2
A special doctor’s certificate shall not be required; however, the carrying along of the maternity card and a prior consultation of the attending doctor shall be recommended.

6. Denial or limitation of carriage

6.1
The passenger may not carry the following items with them in their baggage, neither in the checked baggage nor in the carry-on baggage:

(a) items, liquids or other substances (except alcoholic beverages and non-radioactive medical substances or toiletries, including sprays) that could possibly be a significant risk for health, safety and property during transport in the air. This shall include explosives, compressed gases, caustic agents,oxidising substances, radioactive substances, magnets, flammable substances, toxic, aggressive or irritating substances This list shall not be exhaustive. Furthermore all items specified in the Technical Instructions for the save transport of dangerous goods by air of the International Civil Aviation Organization (ICAO) and the regulations for dangerous goods of the International Air Transport Association (IATA), especially the other items listed in the annexe of the directive (EC) no. 2320/2002 of the European Parliament and of the European Council from 16 December 2002 for determination of common regulations for the security in civil aviation (ABI. EC no. L 355 p. 1) as well as according to EC directive 1546/2006 from 4 October 2006 (carry-on baggage regulation). Further information regarding this topic shall be available from XL on request.

(b) Items of which carriage is prohibited according to the laws, directives or regulations of the state
the plane departs, the planes lands or the plane overflies.

(c) XL can deny the carriage of articles or items at their discretion if they are not suitable for carriage
due to their nature, weight, size, form or odour.

(d) firearms, ammunition and antique weapons, swords, knives and similar items shall not be
permitted for carriage, except as freight or checked baggage. Carriage of such items shall require the
prior registration with and approval of XL.

6.2
Special regulations shall apply to carriage of animals, weapons and dangerous substances.

6.3
If one of the items described in Article 15.1 is carried, carriage shall be subject to surcharges, limitations of liability and the other general contractual conditions applicable to the carriage of baggage, regardless if these items are permitted for carriage of baggage or not.

6.4
XL shall make all reasonable efforts to carry the checked baggage on the same flight as the passenger. If this is not the case, the baggage shall be brought to the passenger as soon as possible, unless any laws and/or customs regulations and/or the airport authorities demand the presence of the passenger during customs clearance.

6.5
XL can deny acceptance of the baggage if it is not properly packed in closed suitcases or other suitable containers that guarantee safe transport with the usual care during the handling.

6.6
The passenger shall not carry the following items and articles in the checked baggage: Fragile items or perishable goods, all valuable items like especially money, glasses, keys, jewellery, electronic devices, metals, silver, sensitive instruments, important business documents, guarantees, medication, medical documents, passports or other identification papers und samples.

6.7
Prior to baggage acceptance, the passenger shall write their name and initials on the outside of the baggage. If this is refused, XL can refuse the carriage of the passenger and of the baggage.

6.8
Subject to the route and to weight, size and number of the pieces of baggage, passengers may check a certain number of pieces of baggage for carriage free of charge.
As a basic principle, the following provisions shall apply: XL shall grant the maximum of two pieces of baggage of altogether twenty (20) kilograms maximum plus carry-on baggage of six (6) kilograms maximum per passenger, unless the passenger was informed about a different free baggage limitation by the tour operator.

6.9
The carriage of baggage beyond the free baggage limitation shall be liable for costs. As a basic principle, there is no entitlement to the carriage of excess baggage; in all other cases, the respectively valid fees (see 25.3) shall apply in this case after prior registration and corresponding seat availability.

6.10
XL can carry baggage beyond the permissible free baggage limitation on later flights as well, unless prior agreements with respect to the carriage have been made with XL.

6.11
Carry-on baggage must fit under the front seat of the passenger or in the baggage containers provided
in the cabin. In doing so, the following provisions shall apply: One piece of carry-on baggage not exceeding the measures of 55 x 40 x 20cm (sum 115cm) and a maximum weight of six (6) kilograms.

6.12
Furthermore, the carry-on baggage must fulfil the XL regulations for carry-on baggage. All instructions given by XL in this respect shall be complied with by the passenger.

6.13
If pieces of baggage are deemed to be unsafe for carriage by XL due to their excess weight, their size or due to other reasons, they shall not be permitted for the cabin and furthermore be classified and treated as checked baggage.

6.14
Items that are not suitable for carriage in the cargo compartment according to the passenger such as
sensitive musical instruments or similar can only be carried in the cabin if this was requested in due
time and approved by XL. Carriage of such items shall be charged separately.

6.15
In addition to the carry-on baggage, the following articles shall be permitted for carriage in the cabin:
one small purse, a coat, cape or blanket, an umbrella or cane, one pair of crutches if needed by the passenger, one camera/ pair of binoculars

6.16
The items listed in Article 15.15 should be carried in the carry-on baggage for reasons of safety because liability on part of XL for loss, destruction or damage of same items shall be excluded as a basic principle, unless this was caused by XL in intentional or grossly negligent manner.

6.17
Without exception, the following items may not be carried in the carry-on baggage: All items suitable to facilitate threats, such as sharp and pointed items like knives, scissors, percussive tools; weapons of any kind, also models and mock-ups (water pistols and cigarette lighter pistols), CS gas, bow and arrows, darts and the like.
all other items mentioned in the annexe of the Regulation (EC) no. 2320/ 2002 of the European

Parliament and the European Council from 16 December 2002 establishing common rules in the field of civil aviation security (ABI. EC no. L 355 p. 1) as well as the items listed in accordance with EU Regulation 1546/2006 from 4 October 2006 (carry-on baggage regulation).

6.18
Special and sports baggage must be registered in writing or by phone or under www.xlairways.de until 48 hours prior to departure at the latest at the usual business hours Monday to Friday from 09.00 a.m. to 05.00p.m. Registration shall only be deemed as accepted if confirmation was given by XL.

6.19
As a basic principle, there is no entitlement to carriage of special and sports baggage due to weight and/or capacity limitations.

6.20
If the booked flight is rebooked to an airline other than XL for circulatory reasons, the confirmation for the transport of special and sports baggage shall cease on part of XL.

6.21
The new registration with the new airline shall be made by the passenger independently. In such case, the capacities and the conditions of carriage of the respective other airline shall apply.

6.22
For the transport of special and sports baggage, XL shall charge fees (see 6.3) after prior registration and in case of corresponding seat availability:

6.23
Remaining sports baggage not indicated in the list shall be carried in accordance with the usual excess baggage rates.

6.24
In order to avoid damages in transit, the acceptance of pieces of sports equipment shall only be possible in suitable transport packaging or transport containers. In all other cases, the conclusion of cargo insurance shall be recommended, as the airline is only liable in a limited way.

6.25
For infants, items required for travel up to a total weight of twenty (20) kilograms plus buggy shall be carried without additional costs and without the need of prior registration, unless otherwise agreed between the tour operator and XL.

6.26
The passenger shall be obliged to accept the baggage as soon as it is provided for collection at the destination airport. If the passenger fails to collect the baggage immediately, XL can charge storage fees to the passenger.

6.27
Only the owner of the baggage ticket shall be authorised to receive the baggage.

6.28
If the owner of the baggage ticket accepts the baggage without reservation, it shall be assumed on principle that the baggage has been carried in proper condition and in accordance with the TERMS AND CONDITIONS.

6.29
XL shall not be obliged to take custody of rejected baggage and/or items. If XL takes custody of baggage and/or items not included in the checked baggage or carry-on baggage, XL shall not assume any liability.

7. Denial or limitation of carriage

7.1
XL can deny the carriage or further carriage for reasons of security or order.

7.2
Furthermore, using its sole discretion, XL shall be at liberty to deny carriage in the following cases:

(a) in order to comply with laws, directives or regulations effective in a state where the plane departs,
where the plane lands or that the plane overflies,

(b) if the behaviour, the age, the mental or physical condition of the passenger leads to the
assumption that

(i) special care must be provided by XL that XL cannot provide,

(ii) the well-being of other passengers is impaired,

(iii) there is danger or risk for themselves or for other passengers, persons and for the
property of XL or third parties,

(c) if the passenger does not want do comply with the instructions given by XL and thus a safe,
efficient and pleasant carriage of all passengers can no longer be guaranteed by XL or XL cannot fulfil
their obligations to all passengers,

(d) if the passenger has behaved or expressed themselves in a way that there are doubts with respect
to the security during carriage of this passenger. The wording or the behaviour shall include the use of
threatening, abusing or insulting words to XL ground staff or air crew,

(e) if the passenger has refused the performance of a security check by XL or an official representative
of the airport or the authorities,

(f) if the passenger has failed to pay the applicable flight fare, fees or taxes or if credit card agreements
between the passenger and XL have not been complied with,

(g) if it is doubtful whether the passenger is or remains in possession of valid travel documents,

(h) if the passenger wishes to enter a country for which they only have authorisation for transit or for
which they do not have a valid entry clearance,

(i) if the passenger has destroyed their documents during carriage,

(j) if the passenger has committed one of the actions or omissions described above earlier and XL has
reasons to think that this behaviour can be repeated,

(k) if XL has informed the passenger in writing that this passenger will no longer be carried by XL as
of the time of the written notification until further notice.

7.3
If the carriage or further carriage is denied to a passenger according to Article 7.2, the passenger shall not be entitled to compensation in line with Article 19, unless the passenger cannot be made responsible for the denial.

8. Children

8.1
XL shall not allow the carriage of children on any flight who have not yet completed the fifth year of age, unless they are accompanied by a passenger who has already completed the sixteenth year of age and is either a direct relative to this child or has been authorised to accompany the child by a parent or legal guardian. Any such authorisation shall be presented on demand of XL. XL shall not accept any child seats on board; child seats can only be carried in form of checked baggage.

8.2
Children travelling alone (UMNR) between five (5) and including thirteen (13) years of age – in certain cases and on demand also until fourteen (14) years of age – shall be accepted as passengers by XL if they can present a confirmed reservation and the written registration of the child indicating the name of the child travelling alone, the name and exact address of the person collecting the child as well as the name and exact address of the person who checks the child in for the booked flight at the departure airport is available. A fee (see 16.3) shall be due per route.

8.3
The parents or the person responsible who brings the child to the airport or to the point of departure has to stay with the child until time of departure.

(a) The parents or the person responsible must hand over a letter to XL that confirms that the child will be collected by the parents or by a responsible person. The child must have a copy of the letter.

(b) At the destination airport, the person collecting the child shall be obliged to identify themselves and to sign a form of XL that releases XL from responsibility.

9. Carriage of Pets

9.1
Animals can basically be carried on flights of XL. However, this shall require the registration of the animal to be carried indicating the weight. As a basic principle, there shall be no entitlement to carriage of animals due to weight and/or capacity limitations.

9.2
The carriage can only be performed in a species-appropriate, water-proof transport box and the animal has to be able to stand in an upright position in the box. The transport box has to comply with the IATA Live Animals Regulations..

(a) During the entire flight it shall be prohibited to open the transport box or to remove the animal from the box.

(b) The transport box shall be provided by the traveller.

9.3
Small animals up to a maximum total weight of six (6) kilograms including the transport box can be carried in the cabin as long as the dimensions of the transport box do not exceed the dimensions of 45 x 29 x 22cm.

(a) Animals exceeding this total weight can only be carried in the cargo compartment as a basic principle.

(b) Exceptions shall be guide dogs that are carried in the cabin jointly with the passenger who needs them.

(c) In these cases, the animal must wear a muzzle.

9.4
Regardless of the existing free baggage limitations, fees (see 16.3) shall be incurred for the carriage of pets.

(a) Requirements and necessary travel documents of the departure and destination countries in connection with the import of baggage and/or animals (incl. vaccinations, veterinary certificates, etc.) as well as the adherence to applicable customs and visa regulations shall be the exclusive responsibility of the customer.

9.5
An animal shall only be carried with the owner/passenger who made the reservation.

9.6
XL shall not be liable if the animal to be carried is not allowed to fly and check-in is refused for this reason or the journey of the passenger is delayed for this reason.

10. Behaviour on board

10.1
If the passenger behaves on board in a way that establishes a threat or danger for one or several persons on board or if the passenger adversely affects the performance of the crew’s duties and/or fails to comply with the instructions of the crew concerning the security of the airplane and a safe, efficient and pleasant carriage of the passengers or if the behaviour of the passenger causes inconvenience for the other passengers, XL can take necessary measures, from the refusal of further carriage up to binding the respective passenger.

10.2
By extending § 3.1 of the Air Traffic Order of the Federal Republic of Germany (LuftVO), the pilot shall be authorised to take necessary measures, physical restraints if needed, in order to be able to guarantee the peace and discipline on board and shall be entitled to deliver the passenger whose behaviour impairs the discipline on board or threatens the security on board into the charge of the responsible authorities.

(a) The passenger shall be obliged to comply with the instructions made by the pilot or on their behalf.

(b) The pilot shall be authorised to officially report criminal offences such as the non-adherence to the instructions given by or on behalf of the pilot.

10.3
For reasons of safety, XL can prohibit or limit the use of electronic devices on board. This shall include the use of mobile phones, laptops, portable recording devices and radios, CD players, DVD players, electronic games, radio toys, scanners, walkie-talkies and other devices with antennas. The use of hearing aids and pacemakers on board shall be permitted.

10.4
The consumption of alcoholic beverages brought on board shall be prohibited. XL shall be entitled to limit or cease the service of alcoholic beverages to guarantee the well-being of the passenger and to ensure the peace and order on board.

10.5
XL flights shall be non-smoking flights. Smoking in the restrooms can endanger the safety of the airplane and shall be strictly prohibited. The non-compliance with this regulation shall be a criminal offence and the pilot shall be authorised to notify the responsible authorities about this.

10.6
It shall be prohibited to bring and/or consume drugs on board of XL flights. The pilot shall be authorised to notify the responsible authorities about this.

10.7
XL shall be entitled to refuse carriage if a passenger fails to behave in accordance with the provisions described in this article.

a) The passenger shall be liable to XL for damages, also to possible claims of third parties to XL resulting due to non-compliance with the provisions mentioned in this article.

b) XL and the crew shall not be liable for damages they cause to passengers in exertion of their rights and obligations in accordance with this provision.

11. Liability

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

12. Personal Data

12.1 
The passenger shall permit TUIfly.com and XL, within the scope of the relevant legislation, to store all personal data disclosed to TUIfly.com and/or XL 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 XL 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.

13. Amendments

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

14. Verbal Agreements

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

15. 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.

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 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 2012-11-21 top