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Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH in the capacity of Contracting Carrier for Carriage executed by Freebird as Actual Carrier
These Special Terms and Conditions of Carriage (“STCC Freebird”) 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 Freebird Airlines (hereinafter referred to as “Freebird”) 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 Freebird, Freebird is the actual carrier as defined in legislation governing carriage by air.
In addition to these STCC Freebird, the GTCC of TUI fly also apply. In case of conflict between these STCC Freebird and the GTCC, the GTCC shall take precedence.
TUI fly can be contacted at the following address:
TUIfly Vermarktungs GmbH
All notification to be made directly to Freebird is handled by the Freebird customer service department, which can be contacted as follows:
Extension # for other services +90 242 349 3300
E-mail for lost and found baggage: email@example.com
Freebird can be contacted at the following address:
Yesilköy Cad. No. 9 A Blok Dairi: 3-4, 34153 Florya-Istanbul, TR.
3.1 Flight ticket
Freebird Airlines transports only the passenger named on the transport ticket (flight ticket or other transport document). Transport tickets are non-transferable. If you are not travelling with an electronic air ticket, you are only entitled to transportation upon presentation of a valid transport ticket issued in the name of the passenger. If you are travelling with an electronic air ticket, you are only entitled to transportation with sufficient identification and an electronic air ticket issued in your own name.
Youn will otherwise not be allowed to fly.
NOTE: Please make sure that you have completed all ticket and baggage procedures for both national and international flights 40 minutes before the scheduled departure time or you will otherwise forfeit your entire rights in connection with your ticket.
3.2 Punctual arrival at the airport
Passengers must arrive at the check-in desk two hours prior to the booked departure time unless a different check-in time was given for the flight. Please allow sufficient time to comply with these check-in times.
Passengers are furthermore obliged to arrive at the gate for boarding no later the time specified at check-in. If you do not comply with the check-in/boarding times and do not arrive at the gate early enough for boarding, Freebird Airlines shall be entitled to cancel your flight booking and to refuse carriage. Freebird Airlines accepts no liability for damage and expenses you incur as a result of non-compliance with these regulations, for which you are solely responsible.
3.3 Passenger Conduct
If your conduct on board is such that you pose a risk to the aircraft or to persons or items of property on board, that you interfere with the crew's carrying out their official duties or refuse to follow the crew's orders including order pertaining to the ban on smoking, use of alcohol or drugs, or that you are a nuisance to or injure other passengers or members of the crew, we reserve the right to take all necessary steps to prevent such conduct including handcuffing, or refusal to transport the passenger.
3.4 Non-Smoking flights
All Freebird Airlines flights are non-smoking. Smoking is prohibited in all areas of the aircraft and during the entire stay on board.
3.5 Travel documents
You are obliged to and responsible for obtaining all travel documents and visas for your travel, and to comply with all regulations of the states flown over or to, or from which the flight departs. We are not liable for any damage you incur as a result of your failure to obtain all necessary papers, or from non-compliance with the applicable regulations or instructions. You are obliged to present the entry and departure documents stipulated by the relevant states prior to travelling and to allow us to make copies of these documents. We reserve the right to refuse transport if you do not comply with the important regulations or if your documents are incomplete, and we accept no liability for losses or expenses you incur as a result of not complying with these regulations.
3.6 Breach of entry regulations and its legal consequences
If you are refused entry into a country, you are obliged to pay the fine levied by the respective country. You are furthermore obliged to pay the applicable airfare if we have to return you to the point of departure or to another place on the orders of an authority because you are not allowed to enter a country (transit or destination country). For payment of the related aifare, we are entitled to use the money you paid for transport that you did not use or other funds from you in our possession. The airfare paid for the travel up to the place of refusal or expulsion will not be reimbursed.
If we are required to pay or deposit fines or if we incur other expenses because you did not comply with the regulations regarding entry into or transit through the state in question or because the documents required by these regulations are not available, you are obliged to reimburse, upon demand, the paid or deposited sums along with our expenditures. We shall be entitled to avail ourselves of the unused air tickets or cash funds to cover such expenses.
Fines differ from country to country, but may be much higher than the price of air tickets.
4.1 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”, in case of twins, up to the end of the 32nd week of pregnancy. This report should not be older than 15 days. Even if there is doctor approval, pregnant passengers are not allowed in our the flights of Freebird after 35th week.
If the passenger has booked an outbound and return flight, Freebird is entitled to refuse carriage on the outbound flight if necessary.
4.2 Carriage of children
5.1 Carriage of persons with limited mobility
Disabled passengers always have priority over other passengers, subject to the applicable safety standards. Disabled persons or persons with limited mobility are not allowed to sit near the emergency exits or in the first row.
PERSONS WITH REDUCED MOBILITY (PRM) shall not be assigned or occupy seats where their presence could:
A person with reduced mobility (PRM) is understood to mean a person whose mobility is reduced due to physical incapacity (sensory or locomotory), an intellectual deficiency, age, illness or any other cause of disability when using transport, and whose situation requires special attention and the adaptation, to his/ her needs, of the service made available to all passengers. Freebird Airlines is entitled to insist upon the production of a written report (in English) on fitness for travel issued by a medical doctor.
The following definitions constitute commonly agreed indications for the degree of immobility and extent of the assistance required for the journey:
MEDA: Passengers whose mobility is impaired based on a clinical case with medical diagnosis in progress, who are authorized to travel by medical authorities. Such passenger usually has social insurance coverage related to the illness or accident in question.
WCHR: Passenger who can walk up and down stairs and move about in an aircraft cabin but who requires a wheelchair or other means for moving between the aircraft and the terminal, in the terminal itself and between the arrival and departure points on the city side of the terminal.
WCHS: Passenger who cannot walk up or down stairs, but who can move about in an aircraft cabin and requires a wheelchair to move between the aircraft and the terminal, in the terminal itself and between the arrival and departure points on the city side of the terminal.
WCHP: Passenger with a disability of the lower limbs who has sufficient personal autonomy to take care of himself but who requires assistance to embark or disembark and who can move about in an aircraft cabin only with an on-board wheelchair.
WCHC: Passenger who is completely immobile, who can move about only with a wheelchair or other means and who requires assistance at all times, from arrival at the airport to seating in the aircraft or, if necessary, in a special seat adapted to his/her specific needs. This process is completed in reverse upon arrival.
DEAF: Passenger who is deaf or a passenger who is deaf mute.
DEAF/ BLIND: Blind and deaf passenger, who can move about only with the help of an accompanying person.
MAAS: Meet and assist. All other passengers in need of special help.
5.2 Handicapped persons traveling as a group
PRM passengers traveling as a group shall be seated in these designated seats:
Note: The accompanying person(s) shall be at least 18 years old and capable of assisting the PRM passengers(s) in their charge. They shall be instructed regarding the safety procedures, the position of access doors / emergency exits and the path to be followed in an emergency evacuation.
5.3 Handicapped persons traveling alone
The number of PRM traveling alone applies only to MEDA (with authorization to travel alone in a medical certificate), WCHR, WCHS, DEAF and BLIND, etc.
All PRM passengers shall be seated in these designated seats:
All PRM passengers may not be seated in these designated seats:
5.4 Stretcher passenger
This service is not available for all Freebird Airlines flights. If an aircraft is used exclusively for the transportation of a group, prior confirmation shall be given by the Operations and Technical division.
5.5 Sick passenger
Air transportation can involve health risks. Sick passengers shall only be accepted for transport if they have a written flight authorization / health report by a medical doctor (preferably in English). Passengers requesting / requiring assistance for boarding / disembarking and / or requiring unforeseeable medical aid shall normally not be charged for the additional services.
Whenever a certificate for fitness to travel by air from a medical doctor is required, this certificate shall also contain a statement about the necessity of an accompanying person/attendant. Should the certificate specify such a necessity, passengers shall provide their own accompanying person / attendant.
5.6 Passenger requiring oxygen
Passengers who require in-flight therapeutic oxygen shall use the equipment provided by Freebird Airlines. This service is only supplied in the event of a medical emergency.
Other portable oxygen devices, except for small cylinders (2l/200 bar units) shall not be allowed for use during the flight, unless use is according to Dangerous Goods Regulations. The total number of oxygen bottles is restricted to a total number that does not exceeding 10% of the cabin configuration.
Freebird Airlines shall accept a passenger’s empty oxygen bottles with the valves open as checked baggage. Passengers who may require oxygen during their flight must inform the tour operator on the day of the booking.
The passenger must have a Doctor’s Certificate specifying the following:
The crew must be informed of the fact that oxygen is required.
6.1 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 started 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 Freebird.
Instructions for your own safety
6.2 Hand baggage
One item of hand baggage up to a maximum weight of 68 kg can be carried free of charge. If the maximum permissible weight for hand baggage is exceeded, Freebird is entitled to demand payment of an excess baggage charge. The measurements of the hand baggage must not exceed 55x40x20cm. 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.
In accordance with EG regulation 1546/2006, on all flights departing from Europe (including international flights), liquids, pressurized containers (e.g. sprays), pastes, lotions, and other gel-type substances are only allowed to be carried in hand luggage in packaging units that contain a maximum of 100 ml, respectively, which is determined by the quantity printed on the packaging. Individual containers must fit into a re-closable, transparent plastic bag with a maximum capacity of 1 liter and will be checked. One bag per passenger is permitted. Special rules apply to medications and baby food. Various non-EU-states have passed identical or similar regulations. Further information is available to passengers from us or our authorized agents.
Passengers are not entitled to transport items which do not meet the above requirements and which are not suitable for transportation in the aircraft hold as checked luggage (e.g. fragile musical instruments). Any such item will only be carried if Freebird Airlines is notified in advance and if Freebird Airlines has accepted the item for transportation. Since these items constitute special baggage, they will be subject to a surcharge. If you are requested to leave any luggage at the check-in or at the gate, Freebird Airlines shall accept no liability for this baggage unless a contract of deposit, for which a fee is charged, has been concluded.
6.3 Special baggage
Charges are payable for the carriage of special baggage. This includes in particular sports equipment (golfing and diving equipment, bicycles, bodyboards, 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 8 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, Freebird is entitled to refuse carriage of the pet. Please note that the transport of pets in the hold is not permissible under any circumstances.
6.4 Prohibited baggage items
Passengers are not permitted to carry sharp, pointed or dangerous objects such as knives, penknives, razor blades or knitting needles as hand baggage. Such items can however be carried as hold baggage. If the security staff discover such items during the security check, the items may be destroyed and the owner will not be entitled to replacement. Freebird assumes no liability whatsoever for the loss of such items.
Dangerous substances are defined as all substances which constitute a risk to the health, safety or property of third parties when carried on board. Baggage containing dangerous substances is subject to national and international regulations. Such freight must be appropriately labelled and clearly state the contents of the dangerous substances.
For safety reasons, passengers are not permitted to carry the following items in restricted areas or on board:
1. Weapons, guns or firearms of any kind whatsoever (pistols, six-shot guns, revolvers, rifles, shotguns of any kind, objects of any kind which are or appear capable of causing injury or discharging a projectile, replica and imitation firearms, component parts of firearms (excluding telescopic sighting devices and sights), air guns, pellet guns, signal flare pistols, starter pistols, toy guns of all kinds, BB soft guns, industrial rifle mechanisms, bolt and nail guns, cross bows and arrows, harpoons and harpoon launchers, slings or catapults, spear guns, spears, spikes, underwater guns, hunting rifles, stun or shocking devices, cattle prods, stun guns, ballistic conducted energy weapons (taser), lighters shaped like a firearm;
2. Pointed and/or sharp objects capable of causing injury, such as weapons with pointed/sharp edges or tips, sharp objects, axes, arrows, darts, hooks, clamps, strips of hooks, hook-shaped iron bars, crampons, crampon spikes, spears, lances, ice axes, chisels, knives with retractable blades of any length or made of any metals, including knives used for ceremonial, religious or hunting functions which are strong enough to be used as a potential weapon, flick knives, lockable knives, sabres, meat cleavers, machetes, open razors, with the exception of safety or disposable razors with blades enclosed in a cartridge, swords, bayonets, swordsticks, bistouries, scalpels, surgical knives, sharp scissors, ski and walking/hiking poles, bars, throwing stars, signal flares, drills, cutters, gimlets, screwdrivers, bits for drills and screwdrivers, carpet knives, wire cutters, nippers, box cutters, utility knives and penknives, maintenance and repair tools of all kinds which can be used as a sharp and/or pointed weapon, including saws of all kinds, screwdrivers, crowbars, levers, cranks, chisels, caltrops, claw hammers, hammers, mallets, pincers, long-nose pliers, wrenches/spanners, adjustable wrenches/spanners, blow torches, welding equipment, diving lamps etc.
3. Blunt objects that are capable of causing injury, including tennis racquets, baseball and softball bats, hard or flexible golf clubs, rubber batons, sticks, bars, coshes, bats of any kinds (thick and short clubs with flexible leather grip),
4. Clubs, hooks, walking sticks, sticks, cricket bats, hockey and hurling sticks, lacrosse sticks, snowboards and canoe paddles, skateboards, billiard cues, fishing rods, knuckle dusters, clubs, coshes, martial arts equipment such as daggers and swords;
5. Objects which pose a risk to the health of passengers or crew, the safety of the aircraft and its cargo: explosives, flammable substances such as ammunition, blasting caps, detonators, fuses, other detonating devices, smoke cartridges, slow match wicks, explosive substances and explosive devices, replica or imitation explosive material or devices, explosive military devices such as mines, hand grenades, gases such as butane, propane, acetylene and oxygen and their containers, fireworks, flares of all kinds and other pyrotechnics, non-safety matches, tobacco tins or boxes made of metal or tin, flammable liquid fuel, such as petrol/gasoline, diesel, alcohol, ethanol, aerosols, turpentine, white spirit, turpentine oil, thinning agents, flammable liquids such as paint thinner, alcoholic beverages exceeding 70 % by volume;
6. Chemical or toxic substances which pose a risk to the health of passengers and crew or the safety of the aircraft and its cargo: corrosive substances, such as mercury and chlorine in thermometers, spillable batteries, acids, alkalis, bleaching agents such as bleach and whiteners, disabling or incapacitating sprays, such as pepper spray, tear gas, radioactive material such as medicinal or commercial isotopes, infectious or biologically hazardous materials such as infected blood, bacteria and viruses, unless carried in accordance with the regulations of the emergency and fire protection plan for the aircraft, materials such as fire extinguishers, which are capable of ignition or heating as a result of oxidation.
The following items may not be carried in checked baggage:
flammable, combustible, abrasive, toxic, oxidising, explosive, radioactive, infectious, self-igniting, reactive substances, substances which are hazardous on exposure to moisture and compressed gases, organic peroxides and hazardous objects containing these substances and other materials which require inspection, explosives, cartridges, fuses, blasting caps, slow match wicks, detonators, hand grenades, mines, propane or butane gas, flammable liquids such as petrol/gasoline, methanol, methyl alcohol and combustible liquids, devices and tools, such as camping gas cylinders containing these substances, flammable solids, reactive substances such as magnesium, firelighters, fireworks, flares, sparklers, bleaching agents, whiteners, oxidants, e.g. in car body repair kits, organic peroxides, rat poison, toxic or infectious substances such as infected blood, radioactive substances including medicinal or commercial isotopes, mercury, motor vehicle batteries, abrasives, such as components of motor vehicle fuel systems containing fuel ARE PROHIBITED FROM CARRIAGE.
NB: All sharp objects contained in checked baggage must be securely packed to protect ground staff and other employees.
NB: Explosive items such as paints, fireworks, crackers, objects with a combustion engine, such as power saws, model aeroplanes, lawnmowers, radioactive substances may neither be carried as hand baggage or as checked baggage!
6.5 Refusal to carry baggage
Freebird is entitled to refuse the carriage of baggage which is so inadequately packed that damage cannot be ruled out despite exercise of th usual care.
7.1 Restriction/refusal of carriage of passengers and baggage
Freebird is entitled to refuse or discontinue the carriage or ongoing carriage of a passenger or a passenger’s baggage if one or more of the following criteria are satisfied:
(a) the passenger behaves in such a way on board or prior to boarding the aircraft that
(b) carriage would be in violation of applicable law, regulations or conditions imposed by the departure, destination or overflown country;
(c) carriage would endanger the safety, orderly carriage or health of the other passengers or the crew or constitutes an unacceptable nuisance for the other passengers or crew;
(d) the passenger’s mental or physical condition, including any impairment caused by alcohol or drugs, constitutes a risk for the passenger himself, for other passengers, for members of the crew or for items of property;
(e) the passenger refuses any security checks of his person or his baggage which are necessary for security reasons;
(f) the valid airfare, any applicable taxes or surcharges have not been paid, including such charges for previous flights;
(g) the passenger is not in possession of all the documents required to enter/leave the destination country, is not in possession of valid travel documents, destroys his travel documents during the flight or refuses to hand over the travel documents on request by the crew in return for confirmation of receipt;
(h) the passenger fails to comply with any regulations necessary for execution of the journey (e.g. passport, visa and health regulations, including regulations which apply to any accompanying pet);
(i) the passenger does not state a booking number or states an incorrect booking number, or the booking for the booking number stated by the passenger does not match the identification document presented by the passenger, or the passenger cannot prove that he is the person for whom the booking was made;
(j) the passenger infringes safety / security instructions of Freebird or instructions issued by Freebird within the scope of their rights as operator of the aircraft;
(k) the passenger is carrying prohibited baggage items;
(l) the passenger has in the past already committed one of the above acts or omissions which endangered the safety, orderly carriage or health of the other passengers, the members of the crew, or the property of Freebird, or if Freebird has banned the passenger from entering its premises.
In the cases specified under the above 7.1, Freebird is entitled to take any reasonable necessary steps to prevent further consequences of such behaviour. If necessary to ensure safe execution of the flight or to protect passengers and crew, Freebird is entitled to order the passenger to leave the aircraft, to refuse further carriage of the passenger on any connecting flights at any location or to refuse to carry the passenger on its entire route network. The pilot in command is further entitled to take all reasonable and necessary steps to maintain and/or restore safety and order on board. Criminal and civil proceedings will be taken against any passengers who commit such an offence on board an aircraft.
The pilot in command is authorised to take all necessary safety measures at any time. Accordingly, the pilot in command has the full power of decision in respect of passengers travelling on the aircraft, as well as loading, distribution, lashing and unloading the baggage to be carried. The pilot in command makes all decisions as to whether and in what way the flight is to be executed, any deviations from the planned route and where a landing or stopover is to be made. The foregoing also applies if the behaviour, condition, mental or physical state of a passenger is such that the cabin crew would be required to provide unreasonable assistance.
In accordance with aviation rules, no electronic device should be used during take-off and landing. However, it is allowed to use laptop computer, Gameboy, CD-Player, Video Camera etc. during flight.
However, the use of mobile phones, all receivers, CD-ROM writers and all recording devices is strictly forbidden during flight. The use of hearing aids and pacemakers is, of course permitted.
Seats on international flights may be reserved up to 72 hours prior to departure. Hours on a Saturday, Sunday and/or public holiday do not count when calculating the above period. The service is only available for Freebird Airlines flight with Freebird Airlines Code (FH-FHY) and Freebird-Airlines aircraft.
The following terms and conditions apply to seat selection which is paid in advance:
No seat selection is possible in connection with an optional reservation. The seat can be selected either during or after the purchase of the ticket. (If the seat selection charge is not paid for the reserved seat, the reservation will automatically be cancelled shortly afterwards).
If a flight is cancelled or delayed for reasons beyond the control of the passenger, or if the passenger does not receive the selected seat, the passenger can cancel the seat reservation and have the charge refunded.
Seat reservations cannot be changed except in connection with a change of flight.
No cancellations of seat reservations only are possible and no reservation charges will be refunded.
Please note that owing to official safety regulations, the following persons are not permitted to sit in the exit row/at emergency exits:
Anyone reserving a seat at an emergency exit confirms that the above criteria do not apply to the booked passengers. If that is not the case, Freebird is entitled to allocate the passenger concerned to a different seat. In that case, the passenger is not entitled to reimbursement of the reservation charge.
If Freebird is unable to allocate the passenger to a different seat after exhausting all possibilities, it shall be entitled to refuse carriage.
Freebird reserves the right to amend its terms and conditions without notice and without the assumption of any liability whatsoever.
Any disputes arising in connection with this domestic carriage contract shall be governed by Turkish law. Sole legal venue for the settlement of any disputes shall be the courts of Istanbul. In case of dispute, Freebird’ documentation shall take precedence.
TUI fly and/or Freebird 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 Freebird to capture, save, modify, block, delete and use the data for these purposes 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 the actual carrier. TUI fly and/or Freebird 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 Freebird at any time with effect for the future without obligation to notify the user. The STCC Freebird 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 Freebird, 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 Freebird or to waive their applicability.
These STCC Freebird 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 Freebird 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 171612631
Managing Director: Olaf Petersenn, Alejandro Gonzalez Espinosa