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 “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 Air VIA and/or any agents employed in performance of the company’s obligations.
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 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 TUIfly.com also apply. In case of conflict between these STCC Air VIA and the GTCC, the GTCC shall take precedence.
TUIfly.com 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 (service charge of EUR 25.00 per flight). 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.
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 item of special/sports baggage will be accepted per passenger.
Skiing equipment (1 pair skis or one snowboard and ski boots or 1 skibob per passenger) Children’s pushchairs/buggies and car 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.
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.
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 TUIfly.com and Air VIA is based on the provisions specified in the GTCC.
TUIfly.com 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 TUIfly.com 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 TUIfly.com and/or Air VIA. TUIfly.com 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.
TUIfly.com 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 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 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 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.
TUIfly Vermarktungs GmbH
Registration No.: HRB 55840 / Court of Registration Amtsgericht Hannover
VAT No.: DE 811132545
Managing Directors: Olaf Petersenn, Dr. Oliver Dörschuck