Ultimo aggiornamento: 25.04.2012

CST Atlasjet

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 Atlasjet as Actual Carrier

1. Scope

1.1
These Special Terms and Conditions of Carriage (“STCC Atlasjet”) 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 (hereinafter referred to as “GTCC”) and which are executed by Atlasjet (hereinafter referred to as “Atlas”) and/or any agents employed in performance of the company’s 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 Atlas, Atlas is the actual carrier as defined in legislation governing carriage by air.

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

2. Contatto con TUIfly.com e Atlas

2.1
TUIfly è reperibile al seguente indirizzo:

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

2.2
All notification to be made directly to Atlas is handled by the Atlas customer service department, which can be contacted as follows:
Tel.: + 90 212 444 3 387
E-mail: mailto:customerrelations@atlasjet.com2.2

2.3
Atlas can be contacted at the following address:
Atlasjet Havacılık A.Ş.
Yeşilyurt Mah. Eski Halkalı Yolu Alaçatı Evleri Yanı No:5/B 34153 Florya

3. Carriage of expectant mothers

Pregnant passengers can fly between 28th and 35th week of their pregnancy with a report issued by their own doctors stating that “she can travel by plane”. This report should not be older than 7 days. Even if there is doctor approval, pregnant passengers are not allowed in our flights after 35th week.

NB:
If the passenger has booked an outbound and return flight, Atlas is entitled to refuse carriage on the outbound flight if necessary.

4. Carriage of Baggage

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 Atlas.

4.2 Hand baggage
One item of hand baggage up to a maximum weight of 8 kg can be carried free of charge. If the maximum permissible weight for hand baggage is exceeded, Atlas is entitled to demand payment of an excess baggage charge. The measurements of the hand baggage must not exceed 25x45x56cm. Owing to the limited space available and for safety reasons, only one item of hand baggage per passenger is permitted. Further items which can be carried free of charge as hand baggage and taken on board are listed below. In case of lack of space in the cabin, these items must be carried as checked baggage.
• 1 handbag suitable for the journey 
• 1 coat or wrap, scarf, shawl or blanket
• 1 shopping bag containing items purchased in duty-free shops
• 1 umbrella (except those with a pointed tip) or walking stick
• 1 baby carrier or pushchair (can optionally be carried as hold cargo)
• 1 small camera or binoculars
•  books and magazines for reading during the flight
•  portable (folding) wheelchairs or crutches on which the passenger is dependent (can optionally be carried as hold cargo)
•  baby food, baby basket for use during the flight
• 1 laptop

4.3 Special baggage
Charges are payable for the carriage of special baggage. This includes in particular sports equipment (golfing and diving equipment, bicycles, body boards, 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.
Dogs and cats must be transported in a suitable, closed, waterproof and secure pet carrier in the cabin. The weight, inclusive of the carrier, must not exceed 6 kg. 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, Pegasus is entitled to refuse carriage of the pet. Please note that the transport of pets in the hold is not permissible under any circumstances.
• For the purposes of these Terms and Conditions, pets are defined exclusively as dogs and cats and must be carried in pet carriers measuring 45x35x23 cm; the passenger is responsible for providing the pet carrier.
• The passenger is obliged to present the pet’s health certificate, vaccination papers and identification document.
• The total weight of the pet, inclusive of the carrier, must not be more than 6 kg.
• Irrespective of the weight, it is not permissible to carry two cats in one carrier.
• A maximum of two pets can be carried in the cabin on any one flight.
• The pet must be healthy, tame, clean and must not smell.
If the pet shows any suspicious behaviors (restless, aggressive, sick etc.) the airport staff reserves the right not to allow the pet to fly.

4.4 Items you must not carry in baggage
You must not carry the following in your baggage (whether as checked baggage or unchecked baggage).
• Items you are forbidden from carrying by law and regulations.
• Items you are forbidden from carrying by their regulations.
• Items likely to put the aircraft or people or property on board the aircraft in danger. These include the items shown in the 'International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air' and the 'International Air Transport Association (IATA) Dangerous Goods Regulations'.
• Items which Atlas reasonably considers unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, Atlas will take account of the type of aircraft being used.
• If Atlas discovers that you are carrying forbidden items, Atlas will refuse to carry them. Please ask Atlas or there authorized agents for information about forbidden items if you need it.

4.5 Firearms
4.5.1 On some of the services Atlas does not carry firearms and ammunition. On services where Atlas does carry firearms and ammunition Atlas may charge a handling fee for accepting firearms and ammunition or Atlas may exclude firearms and ammunition from your free baggage allowance in which case you will have to pay an excess baggage charge.
4.5.2 If you want Atlas to carry firearms and ammunition, other than sporting guns or ammunition, you must get their permission before you check in. If you do not, Atlas may decide not to carry them.
4.5.3 If you are traveling on a service where Atlas carries firearms and you want Atlas to carry sporting guns or ammunition, you must let Atlas know before you check in. If you do not, Atlas may decide not to carry them.
4.5.4 All firearms and ammunition must be carried as checked baggage and Atlas will not allow you to take them into the aircraft cabin.
4.5.5 All firearms carried as checked baggage must be unloaded, have the safety catch on and be suitably packed.
4.5.6 Carrying firearms and ammunition is covered by the ICAO Technical Instruction and IATA Regulations referred to above.
4.5.7 You must make sure that you have all the documents you need for firearms and ammunition. If you do not, Atlas may decide not to carry them.
4.6 Dangerous items you must not take with you on to the plane
4.6.1 You must not take any item into the aircraft cabin if Atlas tells you that Atlas reasonably believes that its presence there would affect the safety and security of the aircraft or any person in it. You must not take any item into the aircraft cabin which you are forbidden from taking into the aircraft cabin by law.
4.6.2 You must not take antique, toy or replica guns or weapons into the aircraft cabin.
4.6.3 You must not take swords, knives, archery bows, arrows or similar weapons into the aircraft cabin.
4.6.4 Atlas may either tell you to check in items referred to in clauses 8e1, 8e2 and 8e3 as checked baggage or refuse to carry them altogether.
4.7 Fragile or perishable items must not be packed in baggage checked into the hold
You must not include in your checked baggage fragile or perishable items or items of special value such as:
• Money
• Jewelry
• Precious metals
• Computers
• Personal electronic devices
• Share certificates, bonds and other valuable documents
• Business documents or
• Passports and other identification documents.
4.8 The right of Atlas to refuse to carry checked baggage not properly and securely packed
Atlas will refuse to carry checked baggage if Atlas reasonably believes that it is not properly and securely packed in suitable containers.
4.9 The right of Atlas to search screen and x-ray you and your baggage
4.9.1 For reasons of safety and security Atlas or their agents may ask to search and screen you and search, screen or x-ray your baggage. Atlas will always try to search, screen or x-ray your baggage when you are present. However, if you are not available, Atlas may search your baggage in your absence.
If you do not allow Atlas to carry out the necessary safety and security searches, screening and x-rays, Atlas will refuse to carry you and your baggage.
4.9.2 If a search or screening causes damage to you, or a search, screening or x-ray causes damage to your baggage, Atlas will not be liable for the damage unless it was caused by their negligence or fault.
4.10 Checked baggage (baggage checked into the hold)
4.10.1 If baggage has no name, initials or other personal identification, the passenger shall affix such identification to baggage prior to acceptance.
4.10.2 When you check in your checked baggage, Atlas will give you a baggage identification tag for each piece.
4.10.3 Atlas will carry your checked baggage, whenever possible, on the same aircraft as you, unless Atlas decides for safety, security or operational reasons to carry it on another flight. If Atlas carries your checked baggage on another flight Atlas will deliver it to you, unless the law says you must be present for customs clearance.
4.11 Unchecked baggage (baggage you carry on to the plane)
4.11.1 Atlas sets maximum dimensions and weights for unchecked baggage, which must also:
• fit under the seat in front of you, or
• fit in an enclosed storage compartment in the cabin of the aircraft.
4.11.2 If:
• Your unchecked baggage is larger than the maximum dimensions or weights
• does not fit under the seat in front of you or in an enclosed storage compartment or
• Atlas decides it is not safe,
You must check it in as checked baggage.
4.11.3 If you have an item of baggage (such as a musical instrument) larger or heavier than the maximum dimensions and weight for unchecked baggage but unsuitable to be carried as checked baggage, Atlas will carry it in the aircraft cabin if:
• You told Atlas before you checked in that you wanted to take it into the aircraft cabin
• Atlas agreed with you before you checked in to carry it in the aircraft cabin and
• You have paid Atlas any extra charge that applies for this service.
Please ask Atlas or their authorized agents for details of their charges and condition of carriage.
4.12 Collecting and delivering baggage checked into the hold
4.12.1 Unless clause 8i3 applies, you must collect your checked baggage as soon as Atlas has made it available at your place of destination or stopover. If you do not collect it within a reasonable time, Atlas may charge you a storage fee. If you do not claim your checked baggage within three months from the date Atlas makes it available, Atlas may dispose of it without any liability to you.
4.12.2 Only the person with the baggage identification tags and if one has been issued, the baggage check can claim a piece of checked baggage.
4.12.3 If a person claiming a piece of checked baggage cannot produce the baggage identification tag and if one has been issued, the baggage check, Atlas will deliver the baggage to them only if they can prove to Atlas that the baggage is theirs.
4.13 Animals
On some services Atlas does not carry animals. If Atlas agrees to carry your animals, Atlas will carry them subject to the following conditions.
4.13.1 Animals such as dogs, cats, household birds, and other pets when properly created and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit will, with the advance agreement of Carrier, be accepted for carriage, subject to Carrier's Regulations.
4.13.2 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 special baggage, for which the passenger shall pay the applicable rate specified by the Carrier.
4.13.3 Guide dogs accompanying sight/hearing impaired passengers together with containers and food, will be carried free of charge in addition to the normal free baggage allowance, subject to Carrier's Regulations.
4.13.4 Acceptance for carriage of animals is subject to the condition that the passenger assumes full responsibility for such animal. Carrier 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.

5. Passengers requiring advance arrangements

5.1
For passengers with a disability refer to clause 9.
5.1.2 If you are not a passenger with a disability but you ask Atlas or their authorized agents at the time of booking to provide any special assistance, Atlas will make reasonable efforts to meet your request.

5.1.3 Atlas may decide not to carry:
• Unaccompanied children
• Pregnant women or
• Passengers who are ill.
If arrangements for carry them have not been made before check in.

6. Check-in and boarding

6.1. Check-in deadlines
Check-in deadlines vary and your journey will be smoother if you allow plenty of time to check in. Please find out the check-in deadlines for your flights before you travel and keep to them. Atlas may also tell you a time by which you must present yourself for check-in.
6.1.2 The check-in deadline for your first flight
Atlas or their authorized agents will tell you the check-in deadline for your first flight with Atlas. Check-in deadlines for all their flights are set out in their website www.atlasjet.com and you can also ask Atlas or their authorized agents for details at any time.
6.1.3 You must check in by the check-in deadline
If you do not complete the check-in process by the check-in deadline, Atlas may decide to cancel your reservation and not carry you. By completing the check-in process Atlas means that you have received your boarding pass for your flight.
6.1.4 You must arrive at the boarding gate on time
You must be present at the boarding gate not later than the time Atlas gives you when you check in. Atlas may decide not to carry you if you fail to arrive at the boarding gate on time.
6.1.5 Atlas is not liable if you fail to meet deadlines
Atlas will not be liable to you for any loss or expense you suffer if you fail to meet check-in deadlines, fail to present yourself for check-in on time (if Atlas tells you a time) or fail to be at the boarding gate on time.

7. The right of Atlas to refuse to carry you or to ban you from travel

7.1. Atlas has the right to refuse to carry you
7.1.2 Atlas may decide to refuse to carry you or your baggage if one or more of the following has happened or Atlas reasonably believes may happen.
7.1.3 If carrying you or your baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger.
7.1.4 If carrying you or your baggage may affect the comfort of any person in the aircraft.
7.1.5 If you are drunk or under the influence of drinks or drugs.
7.1.6 If you are, or Atlas reasonably believes you are, in unlawful possession of drugs.
7.1.7 If your mental or physical state or health is a danger or risk to you, the aircraft or any person in it.
7.1.8 If you have refused to allow a security check to be carried out on you or your baggage.
7.1.9 If you have not obeyed the instructions of their ground staff or a member of the crew of the aircraft relating to safety or security.
7.1.10 If you have used threatening, abusive or insulting words towards their ground staff or another passenger or a member of the crew of the aircraft.
7.1.11 If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of their ground staff or a member of the crew of the aircraft.
7.1.12 If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties.
7.1.13 If you have put the safety of either the aircraft or any person in it in danger.
7.1.14 If you have made a hoax bomb or other security threat.
7.1.15 If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft.
7.1.16 If you have not, or do not appear to have, valid travel documents.
7.1.17 If you try to enter a country for which your travel documents are not valid.
7.1.18 If the immigration authority for the country you are traveling to, or for a country in which you have a stopover, has told Atlas (either orally or in writing) that it has decided not to allow you to enter that country, even if you have, or appear to have, valid travel documents.
7.1.19 If you destroy your travel documents during the flight.
7.1.20 If you have refused to allow Atlas to photocopy your travel documents.
7.1.21 If you have refused to give your travel documents to a member of the crew of the aircraft, when Atlas has asked you to do so.
7.1.22 If you ask the relevant government authorities for permission to enter a country in which you have landed as a transit passenger.
7.1.23 If carrying you would break government laws, regulations, or orders.
7.1.24 If you have refused or failed to give Atlas information which a government authority has asked Atlas to provide about you, including passenger information requested in advance of your flight.
7.1.25 If you have not presented a valid ticket 
• Or your electronic flight coupon is not displayed in their departure control system or reservation systems,
• Or your electronic flight coupon status is not valid for your flight
7.1.26 If you have not paid the fare (or any applicable surcharges, taxes, fees or charges) for your journey.
7.1.27 If you have presented a ticket acquired illegally.
7.1.28 If you have presented a ticket which you did not buy from Atlas or their authorized agents.
7.1.29 If you have presented a ticket which was not issued by Atlas or our authorized agents.
7.1.30 If you have presented a ticket which has been reported as being lost or stolen.
7.1.31 If you have presented a counterfeit ticket.
7.1.32 If you have presented a ticket with an alteration made neither by Atlas nor their authorized agents.
7.1.33 If you have presented a spoiled, torn or damaged ticket or a ticket which has been tampered with.
7.1.34 If you cannot prove you are the person named in the ticket.
7.1.35 If you have changed your transportation without their agreement as set out in clause 3c.
7.1.36 If you have failed to present your ticket or your boarding pass or your travel documents to Atlas when reasonably asked to do so.
7.1.37 If you have failed to complete the check-in process by the check-in deadline.
7.1.38 If you have failed to arrive at the boarding gate on time.
7.1.39 If you have refused or failed to undergo health screening or a health examination requested by Atlas or by a government or enforcement agency.
7.1.40 If you have behaved in a way mentioned above on or in connection with a previous flight and Atlas believes you may repeat this behavior.

8. The right of Atlas to refuse to carry you

8. The right of Atlas to refuse to carry you when Atlas has banned you from their route network

8.1.1 Atlas will be entitled to refuse to carry you or your baggage if Atlas has given you a banning notice and you have bought your ticket while the ban applies.
8.1.2 By a banning notice Atlas means a written notice Atlas has given to you informing you that you are banned from being carried on their route network. (This means you are banned from traveling on all flights Atlas operates.) This notice will give the date when the ban comes into force and the period for which it applies. A banning notice will also ask you not to buy a ticket or ask or allow anyone to do so for you.
8.1.3 If you try to travel while a banning notice is in force, Atlas will refuse to carry you and you will be entitled to an involuntary fare refund.

9. Passengers with a disability

9.1.
If you are a passenger with a disability and you require any special assistance, you should inform Atlas at the time of booking of your special needs.
9.1.2 If you are a passenger with a disability Atlas will carry you where arrangements have been made to provide for your special needs based on the availability of the aircraft and other required equipment. If you do not inform Atlas at the time of booking of your special needs, Atlas will nevertheless use reasonable efforts to accommodate your special needs.

10. Seating

All the rules of seating in clause 5e apply to seating passengers with a disability. In addition if you are a passenger with a disability which causes you need to be seated specifically, such as a disability which causes you to be accompanied by an assistance dog in the cabin in accordance with clause 8l, it will be provided to you during check-in time  in accordance with the their rules and regulations,  if the seat(s) is not already assigned to another passenger with a disability.

11. Baggage

11.1 There is no charge for transporting any assistive device, such as a wheelchair or a cane, and such assistive devices will not be counted towards your free baggage allowance.

12. Behavior on the aircraft / Unacceptable behavior

12.1.
If, while you are on board the aircraft, Atlas reasonably believes that you have:
• put the aircraft or any person in it, in danger
• Deliberately interfered with the crew in carrying out their duties
• failed to obey the instructions of the crew relating to safety or security
• failed to obey the seat-belt or no-smoking signs
• committed a criminal offence
• allowed your physical or mental state to become affected by drink or drugs
• failed to obey the crew's instructions relating to drink or drugs

12.1.2 For safety reasons, consumption of alcohol by Passengers is restricted to alcohol served by Atlas, with the result that alcohol purchased by Passengers as duty free purchases aboard the aircraft or brought aboard the aircraft by Passengers cannot be consumed aboard their aircraft.

12.1.3 The consumption of alcohol in amounts which will affect your physical or mental state is strictly forbidden and Atlas is entitled, in their sole discretion, to refuse to serve you alcohol.

12.1.4 The possession, carriage, consumption or use of drugs on board their aircraft is strictly forbidden.
• made a hoax bomb or other security threat
• threatened, abused or insulted the crew or other passengers
• behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers or
• behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers
Atlas may take any measures Atlas thinks reasonable to prevent you continuing your behavior. When the aircraft lands, Atlas may decide to:
• makes you leave the aircraft
• refuse to carry you on the remaining sectors of the journey shown on your ticket and
• report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed.

13. Diversion costs caused by unacceptable behavior

If, as a result of your behavior, Atlas diverts the aircraft to an unscheduled place of destination and makes you leave the aircraft, you must pay Atlas the reasonable and proper costs of the diversion.

14. Using electronic devices on board the aircraft

For safety reasons, Atlas may decide not to allow you to use electronic devices when you are on board the aircraft, including:
• Mobile phones
• Laptop computers
• Personal recorders
• Personal radios
• MP3, cassette and CD players
• Electronic games or
• transmitting devices (for example, radio-controlled toys and walkie-talkies)
• Or any other electronic devices operating in flight modes as well.

You must not use these items when Atlas has told you that they are not allowed.
Atlas will allow you to use hearing aids and heart pacemakers.

15. Travel documents, entry requirements, customs inspection and security screening

15.1.
You (not Atlas) must:
• check the relevant entry requirements for any country you are visiting and
• present to Atlas all passports, visas, health certificates and other travel documents needed for your journey.
15.1.2 You must obey all laws, regulations and orders of any countries you fly from, enter or travel through or in which you are a transit passenger.
15.1.3 Atlas will not be liable to you if:
• You do not have all necessary passports, visas, health certificates and other travel documents
• Your passport, visa, health certificates or other travel documents are invalid or out of date or
• You have not obeyed all relevant laws.

16. You must present to Atlas valid passports, visas, health certificates

16. You must present to Atlas valid passports, visas, health certificates and other travel documents

16.1

Before you travel, you must present to Atlas all passports, visas, health certificates and other travel documents you need for your journey. If Atlas asks, you must:
• allow Atlas to take and keep copies of them and
• deposit your passport or equivalent travel document with a member of the crew of the aircraft for safe custody until the end of the flight.

17. What happens when you are refused entry to a country?

If you are refused entry to a country, you must pay:
• Any fine, penalty or charge imposed on Atlas by the government concerned
• Any detention costs Atlas is charged
• The fare for transporting you back to your place of departure and
• Any other costs Atlas reasonably pays or agrees to pay.
Atlas will not refund to you the fare for carrying you to the place where you were denied entry.

18. You must repay Atlas fines, detention costs and other charges

If Atlas have to pay any fine, penalty, fee, charge or costs (such as detention costs) because you have failed to obey any laws or regulations, or other travel requirements of the country to which you have traveled to or to produce the necessary documents needed by that country, you must repay Atlas the amount Atlas has paid as a result. Atlas may take this amount from the value of any unused part of your ticket, or any of your money Atlas has in their possession.

19. Liability for damage

19.1.
These conditions of carriage govern their liability to you.
19.1.2 The conditions of carriage of other carriers govern their liability to you
The conditions of carriage of each other carrier involved in your journey govern its liability to you. Other carriers may have lower limits of liability.

20. Applicable laws

The liability of Atlas for the carriage of passengers and baggage is governed by applicable laws and the convention. These clause 19 sets out the limits on our liability and summarizes the liability rules applied by Atlas under the convention but if it is inconsistent with the convention or other applicable laws, the convention or other applicable laws will override this clause 19.

20.1
Our liability for the death wounding or other bodily injury of passengers.
20.1.1 Our liability for proved damages sustained in the event of death, wounding or any other bodily injury by a passenger in the event of an accident shall be subject to the Convention and relevant law. 
20.1.2 Notwithstanding the provisions of clause 20.1, if Atlas proves that the damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the injured or deceased passenger or of the person claiming compensation Atlas may be exonerated wholly or partly from our liability in accordance with applicable laws.
20.1.3 Atlas shall, without delay and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered.
20.1.4 An advance payment shall not constitute recognition of our liability.
20.1.5 An advance payment may be offset against any subsequent sums paid on the basis of our liability.
20.1.6 An advance payment is not returnable, except in the cases described in clause 20.1.2 or in circumstances where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation.
20.1.7 Atlas is not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.

20.2
Our liability for damage to baggage
20.2.1 Atlas is not liable for damage to unchecked baggage (other than damage caused by delay which is covered by clause 20.2.4 below), unless the damage was caused by our negligence or the negligence of our agents.
20.2.2 If you complete a special declaration of higher value at check-in and pay the applicable fee, our liability shall be limited to the higher declared value.
20.2.3 Atlas is not liable for damage to baggage caused by delay if Atlas proves that Atlas and their agents took all reasonable measures to avoid the damage or that it was impossible for Atlas or their agents to take such measures.
20.2.4 Atlas is not liable for any damage caused by your baggage.
20.2.5 You are responsible for any damage caused by your baggage to other people and property, including the property.
20.2.6 Atlas is not liable in any way whatever for damage to items which you include in your checked baggage although you are forbidden from including them under clauses 4.4, 4.5 or 4.7, or in the case of permitted firearms you have not complied with the conditions for including them under clause 4.5. These items include fragile or perishable items, items with a special value, such as money, jewelry, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, business documents, or passports and other identification documents.
20.2.7 Atlas is not liable in any way whatever for damage to items which you include in your unchecked baggage although you are forbidden from including them under clauses 4.4 or 4.6.

20.3
The liability for damage caused by delay to passengers
20.3.1) Atlas is not liable for damage to passengers caused by delay if Atlas proves that Atlas and their agents took all reasonable measures to avoid the damage or that that it was impossible for Atlas or their agents to take such measures.

21. Time limits for baggage complaints

21.1
If you receive checked baggage without making a complaint, it will be sufficient evidence that it was delivered in good condition.
If the person with a baggage check or a baggage identification tag receives checked baggage without complaint, this will be sufficient evidence that the checked baggage has been delivered in good condition and according to the contract of carriage, unless you prove otherwise.
21.1.2 Complaints about damage to checked baggage must be made in writing within seven days of receiving the baggage
If your checked baggage is damaged, you must complain in writing to Atlas immediately you discover the damage and at the latest, within seven days from the date you received the checked baggage.
21.1.3 Complaints about delay to checked baggage must be made in writing within 21 days of the baggage being made available to you
If your checked baggage is delayed, you must complain in writing to Atlas within 21 days at the latest of the checked baggage being made available to you.

22. Actions for damages must be brought within two years

You will have no right to damages if an action is not brought within two years calculated from:

• The date of arrival at the place of destination
• The date on which the aircraft ought to have arrived or
• The date on which the carriage stopped.
The method of calculating the period of limitation will be determined by the law of the court where the case is heard.

23. Data protection and data security

TUIfly.com and/or Atlas 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 authorizes TUIfly.com and/or Atlas to capture, save, modify, block, delete and use the data for these purposes and to transmit it to their own branch offices, authorized representatives and to the parties who provide the above services on behalf of TUIfly.com and/or the actual carrier. TUIfly.com and/or Atlas 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.

24. Amendments

24.1
TUIfly.com reserves the right to amend these STCC Atlas at any time with effect for the future without obligation to notify the user. The STCC Atlas as amended from time to time is 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 Atlas, the user declares his consent to the amendments.
24.1.1 No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC Atlas or to waive their applicability.

25. Verbal agreements

These STCC Atlas 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.

26. 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.

27. 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

Ultimo aggiornamento: 25.04.2012 top