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Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH (hereinafter referred to as TUI fly) in the capacity of Contracting Carrier for Carriage executed by AlbaStar S.A. as Actual Carrier
These Special Terms and Conditions of Carriage ("STCC AlbaStar S.A.") 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 the AlbaStar S.A. (hereinafter referred to as “AlbaStar”).
TUI fly is the contracting air carrier defined in legislation governing carriage by air and is party to the contract with the passenger. If TUI fly allows AlbaStar to handle the carriage to which the passenger is entitled, AlbaStar is the actual carrier as defined in legislation governing carriage by air.
In addition to these STCC AlbaStar, the GTCC of TUI fly also apply. In case of conflict between the STCC of AlbaStar and the GTCC, the GTCC shall take precedence.
2.1 Contact with AlbaStar and AlbaStar Customer Service
All registrations that are to be made directly with AlbaStar are processed by AlbaStar Customer Service, which can be reached by telephone at +34 971 575 072.
AlbaStar can be contacted at the following address:
Av. Conde de Sallent 23, 5A
The acceptance for carriage of children travelling alone, passengers with disabilities or illnesses, or passengers who are pregnant requires the prior consent of the carrier and the payment of any compensation owed.
3.1 Carriage of Expectant Mothers
During the first 28 weeks of the pregnancy, expectant mothers are permitted to fly with AlbaStar without any special medical certificate. However, they are highly encouraged to consult a physician before travelling by flight. Following the 28th week of the pregnancy, a medical certificate provided by the passenger's physician is required to travel with AlbaStar. This certificate must be issued within the 7 days before the flight. The certificate must confirm that delivery is not expected within the 4 weeks following departure. This certificate is archived in the reservation and in the "trip file". AlbaStar's policy prohibits the carriage of women following the 32nd week of pregnancy. Neither the departing nor the returning flight may be permitted to exceed this limit. The physician's certificate must indicate that the return flight is not scheduled after the 32nd week of pregnancy.
3.2 Passengers with Reduced Mobility (PRM)
The passenger has no independent mobility and requires a wheelchair to be brought to and from the airplane as well as to and from the seat and also requires the assistance of an Ambulift.
An indication as to whether the passenger's wheelchair is equipped with dry or wet cell batteries is required.
DRY CELL BATTERIES should be completely removed from the main section of the wheelchair, the battery connection should be protected from short circuiting, and the battery should be securely fastened to the wheelchair.
WET CELL BATTERIES should be removed and charged in special packaging carried with the passenger, insulated and separate from the main section of the wheelchair. No excess baggage fees shall be charged for wheelchairs. Boarding with electric wheelchairs requires the prior approval of the company; therefore, an application for approval must be made at the latest within 72 hours of the flight and sent to the following address: firstname.lastname@example.org. The seat in the cabin will be assigned in accordance with company procedures.
The passenger is capable of independently boarding and exiting the airplane and can walk to, sit down in and get up from his or her seat, but requires a wheelchair for transportation to and from the airplane. The application for approval must be made at the latest within 72 hours of the flight and sent to the following address: email@example.com.
The related information must be listed in PAX PRE and PNL and the seat in the airplane will be assigned in accordance with company procedures.
The passenger cannot walk up or down stairs, but can walk to, sit down in and get up from his or her seat and requires a wheelchair for transportation to and from the airplane. In addition, the passenger must be carried up and down any stairs.
The application for approval must be made at the latest within 72 hours of the flight and sent to the following address: firstname.lastname@example.org; the related information must be listed in PAX PRE and PNL and the seat in the airplane will be assigned in accordance with company procedures.
MAXIMUM NUMBER OF PRMs ON BOARD:
For safety reasons, a maximum of 12 unaccompanied PRMs are permitted on board.
For safety reasons, a maximum of 17 accompanied PRMs are permitted on board.
3.3 BLIND/DEAF-BLIND PASSENGERS
The contracting airline must inform the company and indicate whether the passenger will be accompanied by a person or a guide dog.
The related information must be listed in PAX PRE and PNL at the latest by 48 hours before departure.
Passengers that require an oxygen supply.
The application for approval must be made at the latest within 72 hours of the flight and sent to the following address: email@example.com; the information must be listed in PAX PRE and PNL.
3.4 Children travelling alone
Children between the ages of 5 and 11 that are travelling unaccompanied and young people from 12 to 15 years of age (considered as ADOLESCENTS) that require assistance in order to travel unaccompanied shall be considered as unaccompanied, under-age children. The child's father, mother or legal guardian must sign the respective form that permits the carriage of under-age children and releases AlbaStar from any and all liability.
The application for approval must be made at the latest within 48 hours of the flight and sent to the following address: firstname.lastname@example.org; the information must be listed in PAX PRE and PNL.
A maximum of 6 unaccompanied under-age children between the ages of 5 and 7 shall be accepted for carriage per flight. There is no maximum number of unaccompanied under-age children between the ages of 8 and 11 as long as they have their own assigned seats.
3.5 Babies less than 2 years of age (infants)
Under-age children that are not yet 2 years of age as of the date of the flight. One adult cannot travel with 2 or more infants. (One infant per adult may travel in the same seat / according to safety procedures during the flight.)
The information must be listed in PAX PRE and PNL.
There are limitations with regard to the type and weight of the free baggage permitted. A fee shall be charged for excess weight.
4.1 Checked Baggage
All passengers (adults and children), with the exception of infants, are permitted to check 20 kg of baggage; excess baggage fee per kg: 10.00 EUR. The free baggage permitted applies per passenger and cannot be transferred.
4.2 Excess Baggage
Excess baggage can only be transported with the aircraft as available space permits. Any type of special baggage that is considered as excess baggage must be registered with the central administration of the airline within a reasonable time period before the flight, and approval for carriage by AlbaStar is required for certain special baggage.
4.3 Unchecked Baggage
Limitations with regard to size, weight and contents apply for unchecked baggage. It is very important that unchecked baggage does not exceed a weight of 5 kg; the maximum acceptable dimensions are: 45 x 35 x 25 cm.
4.4 Carriage of Pets
The carriage of pets (PETC) is limited to dogs and cats: maximum of 3 animals per flight. Animals are accepted for carriage in the passenger cabin if the dimensions of the transport box do not exceed 45 x 35 x 25 cm and if the box meets the requirements for the carriage of live animals in accordance with the International Air Transport Association (IATA). The total weight of the transport box and animal together must not exceed 8 kg.
Passengers that bring animals with them must have a confirmed reservation for the animal issued by AlbaStar. In addition, the passengers are responsible for all import permits, veterinary instructions, microchips and health certificates.
When accompanying the passenger, the animal must travel in special, ventilated transport box (special bag or cage) with a waterproof floor. Bags that do not have ventilation without being opened shall not be accepted for carriage. An application for acceptance must be registered with the central administration of the airline within a reasonable time period before the flight.
4.5 Damaged or Lost Baggage
If a passenger wishes to submit a complaint regarding irregular circumstances with respect to his or her baggage, in part or as a whole, including missing, damaged or stolen baggage, a Property Irregularity Report (PIR) shall be filled out in triplicate if the passenger can present the baggage tag.
Claims with respect to damaged or lost baggage must be asserted immediately upon arrival at the destination airport.
If a Property Irregularity Report (PIR) was not filed immediately upon arrival of the flight, AlbaStar shall not accept any claims for damage.
Claims with respect to damaged baggage should be made in writing within seven days following the travel date and within 21 days for delayed or lost baggage.
The passenger shall be required to draft a written claim notice including comprehensive details, e.g.:
- List of contents and approximate value
- Original passenger ticket/boarding pass
- Original Property Irregularity Report (PIR)
- Original baggage tag
For damaged baggage, please bring a confirmation from a baggage business in your area (original) that indicates that the baggage cannot be repaired. This confirmation should also list the value of the baggage (with comparable features).
Written claims should be sent by registered mail to: AIRCOMP S.L
Camí Son Fangos 100
E-07007 Palma de Mallorca - Spain
The liability of TUI fly and AlbaStar is based on the provisions specified in the GTCC.
In the context of contract performance in accordance with federal German data protection law and other legal provisions, TUI fly and/or AlbaStar are authorized to collect, process and use personal data. The data are collected, processed, used and transmitted with the use of data processing systems in the context of the purpose of this contract. The data are processed and used for the following purposes in the context of the legal provisions: to make reservations, to purchase flight tickets, to purchase additional services and to process payments, to develop and provide services, to make entry processes and customs processes easier.
In the context of these purposes, TUI fly and/or AlbaStar are authorized to collect, save, modify, block, delete and use the data and to transmit the data to their own business divisions, to authorized representatives and to those who provide the services listed above by order of TUI fly and/or the actual air carrier. Furthermore, TUI fly and/or AlbaStar is authorized to transmit the passport information and the personal data processed and used in connection with carriage to domestic and foreign agencies (including agencies in the USA and Canada if the respective transmission request of the agency is made due to compulsory legal provisions and is therefore required to meet the conditions of the carriage contract.
TUI fly reserves the right to amend these STCC AlbaStar at any time such that the amendments come into effect at a later date without any obligation to inform the user of these changes. The respective, current version of the STCC AlbaStar shall be available on the website from the date it becomes effective. By continuing to use the website after the STCC AlbaStar have been amended, users declare their consent to these changes.
No agency, employee or any other third party is entitled to make any amendments and/or addenda to the STCC AlbaStar or to waive their applicability.
The STCC AlbaStar contains all agreements 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 the STCC AlbaStar 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 business persons, 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 agreement shall not apply within the substantive scope of the Warsaw Convention or the Montreal Convention.
User: TUIfly Vermarktungs GmbH
HRB 55840 / Court of registration: District Court of Hanover VAT No.: DE 171612631
Managing directors: Olaf Petersenn, Alejandro Gonzalez Espinosa