Information correct at 2014-02-27

STCC Air Berlin Group

Special Terms and Conditions of Carriage

Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH (hereinafter referred to as TUIfly.com) for air carriage handled by Air Berlin PLC & Co. Luftverkehrs KG, NIKI Luftfahrt GmbH, LTU Lufttransport-Unternehmen GmbH, Luftfahrtgesellschaft Walter mbH and Belair Airlines AG (hereinafter STCC Air Berlin Group)

1. Scope of application

These Special Terms and Conditions of Carriage (‘STCC Air Berlin Group’) apply to all contracts which are entered into with TUIfly Vermarktungs GmbH, Karl-Wiechert-Allee 23, 30625 Hannover, Germany for the carriage of passengers and baggage, including all related services, on the basis of our General Terms and Conditions of Carriage (‘GTCC’) and where this carriage is executed by Air Berlin PLC & Co. Luftverkehrs KG, NIKI Luftfahrt GmbH, LTU Lufttransport-Unternehmen GmbH, Luftfahrtgesellschaft Walter mbH and/or Belair Airlines AG (hereinafter also referred to as the Air Berlin Group) and/or any agents employed in performance of the company's obligations (Air Berlin Group or any such agents, hereinafter also referred to as ‘operating carrier’). Unless expressly stipulated otherwise, these STCC also apply to gratuitous carriage. The GTCC of TUIfly.com also apply.

2. Contacting TUIfly.com and the Air Berlin Group

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

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

2.2 Contacting the Air Berlin Group and the Air Berlin Group Service Centre
In all cases where the Air Berlin Group needs to be given pre-notification directly, this will be handled by the Air Berlin Group Service Centre, which can be contacted as follows:

By telephone: +49 (0)30 3434 3434 (at local rate – calls from mobile networks may be charged at a different rate)
By fax: +49 (0)30 4102 1003
By e-mail: serviceteam@airberlin.com
By post: Air Berlin Service Team, Saatwinkler Damm 42-43, 13627 Berlin, Germany.

3. Important ticket information

If the passenger has booked a fare that requires that the flight tickets be used in a specific, fixed sequence, and if the passenger does not follow this sequence, the airline shall charge the fare that would have been applicable at the time of the booking for the actual route sequence taken by the passenger. If the price for these flights is greater than the applicable price for the fixed sequence of flights, the airline can require that continuing transport be contingent upon payment of the additional charge.

4. Carriage of expectant mothers

For safety reasons and to avoid damage to the health of expectant mothers, the following regulations apply:

Up to four weeks before the expected date of delivery, the operating carrier will provide carriage to expectant mothers without a ‘fitness to fly’ certificate; the operating carrier may require the passenger to present a maternity card or medical certificate showing that the pregnancy has not advanced beyond 36 weeks.
Expectant mothers are not permitted to travel in the four weeks before the expected date of delivery.

Important – please note:
The above provisions must also apply to the date of any planned return flight.

5. Carriage of infants, children and adolescents

5.1
To avoid damage to health, we recommend that passengers do not travel with newborn infants under 7 days old.

5.2
An adult passenger may travel with one infant (with only one infant permitted per row of seats). Infants may travel in their own child seat, provided that an additional seat has been booked on the aircraft and that the operating carrier has been notified at least 48 hours prior to departure that a child seat will be used. Throughout the flight, the child seat must be secured to the aircraft seat using the seat belt provided. The following makes of child seat are currently approved for general use on aircraft: Römer King Quickfix, Maxi Cosi Mico, Maxi Cosi City, Storchenmühle Maximum. Other child seats may be permitted in individual cases subject to prior notification. The child seat must in all cases be approved (certified) and marked accordingly. The Luftikid seat is also approved for use on certain aircraft. Further information is given on the Service/Service for Families pages at www.airberlin.com or when the Air Berlin Group Service Centre is contacted (for contact details and costs, see 2.3).

Important - please note:

Suitable proof of identity (inclusion on the passport of the parent/guardian or the child’s own passport) must also be submitted for children and infants.

5.3
Children between the ages of 5 and 11 (inclusive) may travel unaccompanied (accompanying person must be 18 years of age or over) provided that the operating carrier is notified in advance by contacting the Air Berlin Group Service Centre (for contact details and costs, see 2.3) and permission obtained. Prior notification is required for all unaccompanied minors under the age of 12.

Unaccompanied minors may travel if official photo identification (or the German family register, or a certified copy thereof) is presented at the check-in desk. The parents/guardian must provide written consent confirming that the child is allowed to travel. Please note that special rules may apply in certain countries. Further information can be obtained from the Air Berlin Group Service Centre (for contact details and costs, see 2.3). The name of the person collecting / looking after the child at the destination airport must be given at check-in. The parent/guardian or person looking after the child must wait at the airport until the flight departs.

The Air Berlin Group levies a service charge of EUR 40 per flight for carriage of unaccompanied minors. For flights of over 3,000 miles, this charge is EUR 80.

On transit flights via one of the airline’s hub airports, the airline will provide a person to accompany and supervise unaccompanied minors, provided that the transit time does not exceed two hours. If it does, travel will be refused.

6. Carriage of baggage

6.1 General provisions
(a) The operating carrier may refuse to accept baggage for carriage unless it is properly and securely packed for transportation. Passengers share responsibility for ensuring that their checked baggage, as well as all items contained therein, do not suffer damage during transportation.
 
(b) Hand baggage must not exceed 8 kg in weight (excluding laptop computers; 10 kg including a laptop) and 55 cm x 40 cm x 20 cm in size. Owing to space restrictions and safety requirements, only one item of hand baggage is permitted per passenger.

Those who have a topbonus Card Silver/Gold or a topbonus Service Card are allowed up to 30 kg of free baggage (if the piece concept does not apply) and, in addition, they can bring up to 32 kg of sports baggage at no extra charge.
For passengers in the airberlin Business Class, one piece of sports baggage that weighs up to 32 kg is also transported for no extra charge.

Piece Concept
The piece concept applies for flights from and to the USA and Canada. In this case, for each person in
the Economy Class, one piece of baggage weighing 32 kg is allowed.

For those with a topbonus Service Card, transportation of a piece of baggage that weighs up to 32 kg is free. Passengers in Business Class and those with a topbonus Card Silver/Gold may check two pieces of luggage, each weighing 32 kg, for free.

Depending on the service class booked, the following amounts of free baggage are included in the price of the ticket:
 

   Short / mid-length routes   Longer routes

 Economy Class

 1 piece of baggage, 23 kg (51 lbs)

 1 piece of baggage, 23 kg (51 lbs)

 Business Class  2 pieces of baggage, 32 kg (71 lbs)  2 pieces of baggage, 32 kg (71 lbs)
 

For children who are not yet two years old - depending on the service class - in addition to one piece of baggage weighing up to 23 kg, a baby carriage/stroller, a car seat and a travel crib may be checked at no extra charge.

We recommend that passengers do not check individual pieces of luggage that weigh more than 32 kg. For more information, contact the Air Berlin Group service center (for contact information and costs, see section 2.2).

(c) Passengers are required to collect their checked baggage as soon as it is issued by the operating airline. If the passenger does not (or refuses to) collect their baggage, the operating airline shall be entitled to charge them for any storage costs incurred.

(d) Passengers shall themselves be responsible for satisfying any customs requirements in relation to their baggage.

(e) In the event of delays, loss, destruction of or damage to their baggage, we recommend that passengers contact the Lost Luggage desk at the destination airport immediately after landing.


6.2 Excess/special baggage

(a) Charges are payable for the carriage of baggage which exceeds the weight of the valid free baggage allowance. Unless otherwise specified, an additional baggage charge (excess baggage rate) will be levied for baggage which exceeds the valid free baggage allowance. The excess baggage charge must always be paid before departure. The passenger is otherwise not entitled to carriage of the baggage. The person and/or passenger stated in the booking as customer and invoice recipient is responsible for payment of any excess baggage charges. Excess baggage charges are as follows:

(b) Unless otherwise specified, the Air Berlin Group must be notified in advance of all items of special baggage. Notification must be given in writing. Passengers are entitled to demand carriage of the baggage only if carriage has been confirmed by the Air Berlin Group. The dimensions and weight of the special baggage should be stated in the notification.

The carriage of excess and special baggage shall be decided on the basis of the available hold capacity, as well as security and occupational health and safety regulations. Accordingly, the Air Berlin Group reserves the right to accept only a limited quantity or refuse the carriage of special baggage entirely. The Air Berlin Group Service Centre (cf. Article 2.3 for contact details and costs) must be notified of any excess baggage (10 kg or over), special baggage or outsize and/or bulky baggage up to 48 hours before departure, as such baggage can be carried only if sufficient space is available.

(c) Excess baggage packages for regular baggage (with the exception of special and sports baggage) can be booked in advance from the Air Berlin Group Service Centre (cf. Article 2.3 for contact details and costs). Each excess baggage package entitles the passenger to take 5 kg additional baggage. Depending on the capacity available, a maximum of 10 excess baggage packages (i.e. maximum 50 kg) can be booked per passenger and flight/flight booking. Again, the Air Berlin Group recommends that passengers do not check in any individual piece of baggage weighing more than 32 kg. Excess baggage packages can be booked up to 48 hours before departure. No excess baggage packages can be booked for flights to and from the USA/Canada pursuant to Clause 7.1 and for flights by children aged under 2. Further information is available from the Air Berlin Group Service Centre (cf. Article 2.3 for contact details and costs). 

(d) Sports baggage as defined in Clause 5.2 (c) (1) is special baggage: advance notification must be given and special packaging is required. The Air Berlin Group recommends that sports baggage should be sturdily packed before checking in. It must be recognisable as sports baggage during check-in. Further information is available from the Air Berlin Group Service Centre (cf. Article 2.3 for contact details and costs). 

(e) Passengers intending to carry diving equipment are obliged to notify the Air Berlin Group Service Centre (cf. Article 2.3 for contact details and costs) before the journey. Belts must be carried without lead, only empty compressed air bottles will be carried. The battery and light bulb must be removed from diving lamps before departure.

(f) Passengers intending to carry bicycles are obliged to notify the Air Berlin Group Service Centre (cf. Article 2.3 for contact details and costs) before the journey. Bicycles must be packed prior to check-in. We recommend special bicycle cases or other sturdy containers as packaging. Motor-assisted bicycles count as dangerous goods and cannot be carried unless they are powered by an electric motor and have a gel battery.

(g) Passengers intending to carry sporting weapons and the corresponding ammunition or any items whose outward appearance or labelling give reason to believe they are weapons, ammunition or explosives are obliged to notify the Air Berlin Group Service Centre (cf. Article 2.3 for contact details and costs) of the individual items before the journey. Passengers are advised to arrive at the check-in desk early on the day of departure. The Air Berlin Group shall permit the carriage of such items only if they are carried as freight or checked baggage in accordance with the regulations on the carriage of dangerous goods. A maximum of 5 kg ammunition per person and piece of baggage is permissible. Further details will be provided on notification.

(h) Passengers with a disability are entitled to the carriage of one (1) wheelchair each, subject to notification at the time of booking. The carriage of motorised wheelchairs is subject to restrictions owing to the limited hold capacity. They must be handed over in a condition which ensures safe loading and transport of the wheelchair. the Air Berlin Group is obliged to carry medical equipment and mobility aids, inclusive of electric wheelchairs, only if the passenger notifies the airline 48 hours prior to departure, stating the dimensions and weight. Carriage is subject to availability of space on board and provided it is not in conflict with the relevant regulations on dangerous goods. Further details will be provided on notification.

6.3 Carriage of pets
Charges are payable for the carriage of pets. The statutory regulations on the transport of animals apply. The pets must be carried in a suitable, closed, waterproof and secure carrier. For safety reasons and owing to the restricted space available, pets will be carried only if the airline has been notified at the time of booking and has confirmed carriage. The airline shall not accept any pets on flights to and from the United Kingdom, Ireland or Iceland. The passenger is responsible for compliance with all relevant vaccination and health certificates as well as any documents required to take the pet into the destination country. Further information about the carriage of pets is available from the Air Berlin Group Service Centre (cf. Article 2.3 for contact details and costs)

The airline is entitled to carry only two (2) sight-impaired passengers, together with one guide dog each, in the cabin on any one flight. Passengers are entitled to demand carriage of the guide dog only if the airline has been notified at the time of booking and carriage has been confirmed by the Air Berlin Group. Guide dogs are carried free of charge.

7. Restriction and refusal of carriage

The operating carrier is entitled to refuse carriage or onward carriage for passengers or their baggage, or to remove passengers or their baggage at any point, particularly if:

- the aircraft, persons or property on board are placed at risk;
- members of the crew are hindered in performing their duties;
- the crew’s instructions, in particular with regard to smoking and the consumption of alcohol, are not followed;
- a passenger’s behaviour results in harm or injury to, or an unreasonable burden being placed on, other passengers or crew;
- there is reasonable suspicion that a passenger will carry out one of the above-mentioned acts;
- carriage would be in breach of the applicable law, regulations or requirements of the country of departure or destination, or of the country over which the aircraft is flying at the time;
- a passenger refuses to allow themselves or their baggage to be subjected to checks that might be required for security reasons;
- a passenger does not have any valid travel documents in their possession, destroys their own travel documents during the flight or refuses to hand over these documents at the request of the members of the crew against receipt;
- a passenger does not comply with the regulations required for making the journey (e.g. passport, visa and health regulations, including those for any animals accompanying the passenger);
- a passenger is unable to satisfy personnel at check-in or when boarding the aircraft that they are the person in whose name the booking was made;
- the fare, taxes, charges or surcharges (including those for previous flights) have not been paid;
- a passenger contravenes safety instructions given by the operating carrier or instructions within the scope of domiciliary rights;
- a passenger is carrying prohibited baggage.
 
The operating carrier reserves the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons. Passengers are not entitled to allocation of a specific seat.
 
Please note the following when booking XL seats:
Since XL seats are located in the rows with emergency exits, these seats are subject to special safety considerations. The operating carrier will, therefore, allocate these seats only to passengers whose physical and/or mental condition will not hinder evacuation of the aircraft in an emergency.
 
The operating carrier is entitled to demand such passengers to leave the plane, or to refuse onward carriage at any location or on all routes operated, if this is necessary to ensure the safe operation of the flight and/or to protect the passengers and crew. Moreover, the pilot in command is authorized to take any other necessary and reasonable measures to maintain or restore safety and order on board. Passengers committing any unlawful acts on board will be prosecuted under criminal and civil law.

For safety reasons, passengers are not permitted to use any personal electronic equipment during take-off and landing. The use of mobile phones is not permitted at any time during the flight. Other electronic equipment may only be used with the flight attendants’ permission.

8. Liability

The liability of TUIfly.com and/or the operating carrier is based on the provisions specified in the GTCC.

9. Amendments

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

10. Verbal agreements

These STCC Air Berlin Group 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 the event of conflict between these STCC Air Berlin Group and the GTCC, the latter shall take precedence.

11. 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.

12. 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 entering into the contract or whose residence or habitual abode is unknown when the lawsuit is filed, shall be Hanover (Germany). This legal-venue provision shall not apply within the substantive scope of the Warsaw Convention or the Montreal Convention.

User:

TUIfly Vermarktungs GmbH
Karl-Wiechert-Allee 23
30625 Hannover
Germany
Registration No: HRB 55840 / Court of Registration: Amtsgericht Hannover
VAT No: DE 171612631
Managing Directors: Olaf Petersenn, Dr. Oliver Dörschuck

Information correct at 2014-02-27 top