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Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH in the capacity of Contracting Carrier for Carriage executed by Air VIA as Actual Carrier
These Special Terms and Conditions of Carriage (“STCC Air VIA”) apply to all flights and other services for which a contract has been concluded with TUIfly Vermarktungs GmbH (hereinafter referred to as “TUI fly”) with reference to the General Terms and Conditions of Carriage of TUI fly (hereinafter referred to as “GTCC”) and which are executed by Air VIA and/or any agents employed in performance of the company’s obligations.
TUI fly is the contracting carrier as defined in legislation governing carriage by air and the party to the contract with the passenger. If TUI fly has the carriage to which the passenger is entitled handled by Air VIA, Air VIA is the actual carrier as defined in legislation governing carriage by air.
In addition to these STCC Air VIA, the GTCC of TUI fly also apply. In case of conflict between these STCC Air VIA and the GTCC, the GTCC shall take precedence.
TUIfly can be contacted at the following address:
TUIfly Vermarktungs GmbH
All notification to be made directly to Air VIA is handled by the Air VIA customer service department, which can be contacted which can be contacted as follows:
By telephone: + 49 (0) 30 - 46 79 76 00
By fax: +49 (0) 30 - 46 79 76 02
By e-mail: firstname.lastname@example.org
Air VIA can be contacted at the following address:
AIR VIA OOD.
Entrance A, Flat 5
The following regulations apply for safety reasons and to avoid health risks to expectant mothers:
Air VIA will carry expectant mothers up to 4 weeks before the expected date of delivery without certification that the passenger is fit to travel; Air VIA is entitled to demand presentation of the woman’s antenatal medical record as proof that the pregnancy is not beyond the 35th week.
Expectant mothers will no longer be carried as from 4 weeks before the expected date of delivery. The foregoing regulations also apply to the date of any planned return flight.
Owing to the risk of potential health damage, we recommend that newborn babies up to the age of 7 days should not fly. Infants travel on the lap of their parent, guardian or accompanying passenger. They are not entitled to a seat of their own. Children aged between 5 and 11 are permitted to travel unaccompanied provided Air VIA has been notified in advance and the carriage has been confirmed by Air VIA (Please request information regarding service fees and prices from the airline responsible for carriage). Children aged between 5 and 11 are also deemed unaccompanied if the accompanying passenger is aged under 16. Unaccompanied children will be carried subject to presentation of an official identification document with photo, the family register or a certified copy of the family register at check-in. The person who will collect/look after the child at the destination airport must be stated at check-in. The child’s parent or guardian must remain at the airport until departure. The child’s age for the above purpose is the age on commencement of the return flight.
5.1 Carry-on baggage
The maximum weight permitted for carry-on baggage is 6 kg. The dimensions of the carry-on baggage are not allowed to exceed 55 cm x 40 cm x 20 cm. Because space is limited and for reasons of security and safety, only one piece of carry-on baggage is permitted.
5.2 Free baggage allowance
The transportation of baggage that exceeds the applicable free baggage allowance is subject to a fee. For flights to/from Bulgaria, the free baggage allowance for checked baggage is 25 kg; for flights to/from Spain it is 20 kg. If the free baggage allowance is exceeded, an additional fee must be paid. (8€/kg, one-way) Passengers should carry the baggage claim check with information about the weight and number of pieces of checked baggage with them. It is recommended that the passenger’s name and address be listed on and inside of the baggage. Passengers are also responsible for packing their bags such that the checked baggage and all of the items it contains are not damaged during transport.
5.3 Special baggage
Charges are payable for the carriage of any baggage which exceeds the weight of the free baggage allowance.
Unless otherwise explicitly stated, the airline must be notified in advance of all special baggage, stating the dimensions and weight.
The carriage of excess and special baggage shall be decided on the basis of the available hold capacity and security regulations. Accordingly, the airline reserves the right to accept only a limited quantity or refuse the carriage of such baggage entirely.
Sports equipment counts as special baggage and must be separately packed. Passengers are advised to check in sports equipment in sturdy packaging. The item must be recognisable as sports equipment at check-in.
Passengers intending to carry sports weapons, ammunition or any items whose outward appearance or labelling give reason to believe they are weapons, ammunition or explosives are obliged to notify the airline before the journey.
No notification is required for the following special/sports baggage, which will be carried free of charge as a separate baggage item provided it does not weigh more than 20 kg. Only one piece of special baggage will be accepted per person: Ski baggage (1 pair of skis or a snowboard and boots or 1 ski bob per passenger), strollers/buggies and child seats.
Passengers with a disability are entitled to the carriage of one (1) wheelchair each, subject to notification prior to the flight. The carriage of motorised wheelchairs is subject to restrictions. They must be handed over in a condition which ensures safe loading and transport of the wheelchair.
5.6 Prohibited baggage
In general, passengers are not allowed to bring the following objects on flights:
- Objects that are are capable of endangering the aircraft, equipment on board or people, particularly explosive substances, gases under compression, oxidizing, radioactive, corrosive or magnetic substances, substances that combust easily, poisonous or aggressive substances of any kind, i.e. any objects or substances that are classified as dangerous materials according to dangerous materials regulations;
- Objects that are unsuitable for transportation due to their weight, size or type.
Passengers are not permitted to carry weapons of any kind, neither on their person nor in carry-on baggage, particularly firearms, cutting weapons or impact weapons as well as containers of pressurized gas that can be used for attack or defensive purposes. The same applies to ammunition and explosive substances of any kind. Gas lighters (Zippos) are prohibited. Sharp objects such as toy guns (plastic or metal), catapults, tableware, razor blades (both safety blades and open blades), conventional toys that could be used as weapons, knitting needles, large sports equipment (bats, racquets), billiard, snooker or polo sticks/mallets or any other type of sharp objects are only allowed to be transported in checked baggage. This also applies for nail clippers, nail files and syringes.
It is recommended that the following items not be transported in checked baggage: fragile or perishable items, valuable objects, e.g. money, jewelry, precious metals, gems, laptops, cameras, mobile telephones or other electronic devices, transferable securities or other valuable items or documents, samples, identification documents, house or vehicle keys, medications or liquids. If your checked baggage contains one or more of the objects listed, we do not accept any liability for loss, destruction, delay or damage of such items. Some airports may have other limitations regarding objects to be transported. In this case, the airport’s regulations apply.
Pets can be carried subject to payment and only if they have an implanted chip. The animal must be carried in a suitable and secure container. Owing to safety reasons and because of the limited space available, passengers are entitled to demand the transport of pets only if Air VIA has been notified at the time of booking and has confirmed carriage of the pet.
To ensure that an animal can be transported in the cabin, it is subject to the following restrictions: Maximum weight of 6 kg and dimensions of 55 cm x 40 cm x 20 cm. (Please request information regarding service fees and prices from the airline responsible for carriage.)
Air VIA is authorised to carry only two (2) sight-impaired passengers, together with one guide dog each, in the cabin on any one flight.
For safety reasons, the use of all personal electronic devices is strictly prohibited during take-off and landing. The use of mobile phones is not permitted throughout the entire flight. The use of other electronic devices is permitted only with the consent of the cabin crew.
The liability of TUI fly and Air VIA is based on the provisions specified in the GTCC.
TUI fly and/or Air VIA 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 TUI fly and/or Air VIA 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 TUI fly and/or Air VIA. TUI fly and/or Air VIA 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.
TUI fly reserves the right to amend these STCC Air VIA at any time with effect for the future without obligation to notify the user. The STCC Air VIA 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 Air VIA, the user declares his consent to the amendments.
No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC Air VIA or to waive their applicability.
These STCC Air VIA contain the entire provisions of the contract between the passenger and TUI fly 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 Air VIA and the GTCC, the GTCC shall take precedence.
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 TUI fly 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.
TUIfly Vermarktungs GmbH
Registration No.: HRB 55840 / Court of Registration Amtsgericht Hannover
VAT No.: DE 811132545
Managing Directors: Olaf Petersenn, Alejandro Gonzalez Espinosa