Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH (hereinafter referred to as TUIfly.com) in the capacity of Contracting Carrier for Carriage executed by Germanwings GmbH as Actual Carrier (hereinafter STCC Germanwings)
These Special Terms and Conditions of Carriage apply to all flights and other services for which a contract has been concluded with TUIfly.com with reference to the General Terms and Conditions of Carriage of TUIfly.com (“GTCC”) and which are executed by Germanwings GmbH (hereinafter referred to as Germanwings).
TUIfly.com is the contracting carrier as defined in legislation governing carriage by air and the party to the contract with the passenger. TUIfly.com shall have the carriage to which the passenger is entitled handled by Germanwings. Germanwings is the actual carrier as defined in legislation governing carriage by air.
In addition to these STCC Germanwings, the GTCC of TUIfly.com also apply. In case of conflict between these STCC Germanwings 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 Germanwings is handled by the Germanwings call centre, which can be contacted as follows:
Tel: 0180 6 320 320 (6:00 am - 24:00 pm)
(20 Cent pro Anruf aus dem deutschen Festnetz, Mobilfunk maximal 60 Cent pro Anruf)
Germanwings can be contacted at the following address:
3. Additional services booked directly with Germanwings; charges for checked baggage
Information about the current charges for additional services which can be booked directly with Germanwings is stated on the Germanwings website or can be inquired directly from the Germanwings call centre (cf. Article 2.3 for contact information and charges).
Please note that Germanwings levies a baggage surcharge for each item of checked baggage as follows:
Service/Description/Charges per person and flight on flights to other European countries/Charges per person and flight on domestic German flights
Reduced baggage surcharge per item of checked baggage/ EUR 12,50 (domestic flights including VAT oder incl.)
Baggage surcharge per item of checked baggage/ EUR 25,00 (domestic flights including VAT oder incl.)
The baggage surcharge is reduced (reduced baggage surcharge) if the baggage for which surcharges are payable is checked in online on the Germanwings website (cf. Article 2.3) no later than three hours prior to the scheduled departure time or by phoning the Germanwings call centre (cf. Article 2.3 for contact information and charges) no later than two hours prior to the scheduled departure time and the relevant surcharge is paid using the payment method stated there.
Expectant mothers are responsible for deciding themselves whether or not their health permits them to fly; if they have any doubts, expectant mothers are advised to consult their doctor before flying.
For safety reasons and to avoid health risks, Germanwings will carry expectant mothers up to 4 weeks before the expected date of delivery without certification that the passenger is fit to travel; Germanwings is entitled to demand presentation of the woman’s antenatal medical record or a doctor’s certificate as proof that the pregnancy is not beyond the 36th week.
Expectant mothers will no longer be carried as from 4 weeks before the expected date of delivery.
If the passenger has booked an outbound and return flight, Germanwings is entitled to refuse carriage on the outbound flight if necessary.
Germanwings will carry children aged under 12 only if accompanied by a responsible adult. If the accompanying person is not a parent who has custody of the child, the accompanying person must present a written statement signed by all persons who have custody of the child confirming their consent for the child to travel under the supervision of the accompanying person. Alternatively, the care service offered by Germanwings can be booked for unaccompanied children aged 5 or over subject to payment of the relevant charges (cf. Article 5.3 for details).
Infants aged under 2 on the date of travel can only be carried as follows:
5.2.1 on the lap of an accompanying adult provided the infant is secured by an additional loop belt which is to be used in accordance with the instructions of Germanwings. In that case, Germanwings charges a flat-rate service charge for carriage of the infant instead of the standard fare. The level of the service charge is stated on the Germanwings website or can be inquired directly from the Germanwings call centre (cf. Article 2.3 for contact information and charges).
5.2.2 on a window seat directly next to the accompanying adult, provided that the child is secured by a special child restraint system which is explicitly approved by Germanwings. In that case, the full child fare will be charged. Child restraint systems are not available from Germanwings and must be provided by the passenger. The use of a child restraint system is permissible only if the device has been presented at the check-in desk and the check-in personnel confirm that it conforms to a system approved by Germanwings. In that case, the child restraint system is deemed free baggage as defined in Article 7.1.2.
5.3 Care service for unaccompanied children
Germanwings offers this service to enable children aged between 5 and 11 to travel as unaccompanied minors, i.e. without being accompanied by an adult as prescribed in Article 5.1. A service charge is payable over and above the price of the flight for this care service for unaccompanied minors. The level of the service charge is stated on the Germanwings website or can be inquired directly from the Germanwings call centre (cf. Article 2.3 for contact information and charges).
5.3.2 Availability and booking
The care service for unaccompanied children is available only on certain direct flights and for a limited number of children only. The service therefore cannot be booked in combination with a connecting flight fare.
The care service for unaccompanied children can only be booked by phoning the Germanwings call centre (cf. Article 2.3 for contact information and charges) or in person at one of the Germanwings airport counters. The service cannot be booked online.
5.3.3 Special provisions
a) In addition to the booking confirmation and a valid official identification document with photo, unaccompanied minors will be carried only if the personally signed care service form for unaccompanied minors, which has been completed in full and signed by all legally responsible adults, is presented at check-in together with any required proof. Care service forms for unaccompanied minors are available on the Germanwings website (cf. Article 2.3), at any Germanwings airport counter or from the call centre, which will send you one by fax, post or e-mail.
b) The legally responsible adults must confirm on the care service form for unaccompanied children that Germanwings has the right to exercise the rights and duties of parental care toward the unaccompanied child during the flight, in particular to look after, supervise and act on behalf the child, as well as to oversee its journey/determine the child's place of abode or whereabouts. The name of the person who will collect the child at the destination airport must also be stated.
c) Proof that the legally responsible adults have custody of the child concerned must be provided by presentation of the appropriate documentation, with copy attached. If these are the child’s parents, an excerpt from the family register or birth certificate is sufficient. When handing over the child, the legally responsible adults or their authorised representatives must prove their identity by presenting a valid official photo ID. If the legally responsible adults do not appear in person at the departure airport, a copy of their official photo ID must also be attached.
d) The unaccompanied child must be accompanied to the check-in desk at the airport and then to the departure gate by the legally responsible adults or a responsible accompanying adult who has been authorised by the legally responsible adults in writing on the care service form. At the check-in desk, the legally responsible adults or the authorised accompanying person will be given authorisation to accompany the child through the security checks to the departure gate. Only then is the unaccompanied child placed in the charge of Germanwings / an employee designated by Germanwings. To pass security, the applicable security provisions on carrying dangerous objects and liquids must also be observed by the accompanying person. The accompanying person is obliged to remain at the airport until the plane has departed.
e) Please note that the required formalities will require a longer check-in time. Unaccompanied children who do not arrive at the check-in counter and present themselves for check-in to the check-in staff no later than two hours before the scheduled departure time will no longer be checked-in.
f) The person authorised to collect the child as stated by the legally responsible adults on the care service form must present a valid official photo ID to prove their identity to the satisfaction of Germanwings.
g) If the unaccompanied child cannot be handed over as foreseen to the person authorised by the legally responsible adults, in particular because that person fails to come to the destination airport, does not arrive on time, or cannot prove his/her identity to Germanwings by means of a photo ID, Germanwings is authorised to take all steps to ensure the welfare of the child. This includes Germanwings’ right to take the child back to the departure airport, where the child will be returned to the care of the legally responsible adults.
h) The legally responsible adults are obliged to reimburse Germanwings for the additional costs and expenses owing to failure to comply with the check-in regulations, unless these costs are attributable to breach of duty on the part of Germanwings. If the child has to be returned to the departure airport, the reimbursable costs shall also include the regular fare for the return flight at the time of the decision to send the child back, as well as the surcharge for the care service for unaccompanied minors.
i) The general provisions of these Terms and Conditions of Carriage shall otherwise apply to the carriage of the unaccompanied child.
The carriage of passengers with reduced mobility or other persons who require special assistance requires the explicit prior consent of Germanwings. Bookings for passengers with special needs should therefore be made through the TUIfly Service Centre/ Germanwings call centre (cf. Article 2.2 / 2.3 for contact information and charges). If a booking for such a passenger has been made on the Internet, the Germanwings call centre (cf. Article 2.3 for contact information and charges) must be contacted as soon as possible after the booking has been made, stating the booking confirmation number and the detailed requirements.
Irrespective of the need for the consent of Germanwings in each individual case and unless otherwise agreed, the following provisions shall apply:
6.2.1 For safety reasons, passengers with special needs are not permitted to sit in front of the emergency exits.
6.2.2 On each flight, Germanwings can carry a maximum of one passenger whose disability requires the attendance of a carer, unless the passenger is already accompanied by a suitable person. An accompanying person is not deemed a suitable carer in the foregoing sense if that person is responsible for the care of more than one passenger.
6.2.3 Folding wheelchairs are carried free of charge over and above the passenger's free baggage allowance (Article 7.1.2). Wheelchairs with unsealed or non-leakproof batteries cannot be carried. As a fundamental principle, Germanwings can accept a maximum of five passengers with wheelchairs per flight. The carriage of larger groups of passengers with wheelchairs is possible only if a special agreement has been reached with Germanwings.
6.2.4 Wheelchairs are available at the airport for passengers who are completely immobile, cannot walk without assistance, cannot mount the steps to the aircraft or cannot walk any long distances. The carriage of passengers who have to be transported lying down and therefore require a stretcher is not possible on flights operated by Germanwings.
6.2.5 Germanwings can carry only one guide dog per flight. The guide dog is carried free of charge. The Germanwings call centre must be notified in advance (cf. Article 2.3 for contact information and charges). Please refer to Article 8 for the provisions governing the carriage of pets. Please note that special regulations apply to animals entering/ leaving the United Kingdom. For details, please consult http://www.britischebotschaft.de/ or submit a postal inquiry to:
Tel +49 (0)30 20458-0
7.1 Free baggage allowance
7.1.1 The carriage of baggage is included in the fare only if the baggage satisfies the following conditions.
7.1.2 Free baggage is defined as baggage which:
(a) is not checked in but carried in the aircraft cabin as hand baggage, is presented to Germanwings as hand baggage during check-in, has a maximum weight of 8 kg and maximum dimensions of 55 x 40 x 20 cm, unless this is in conflict with legal or official regulations or ordinances – for example, issued by the UK Department of Transport or EC Regulation 1546/2006;
(b) counts as free baggage or is exempt from the payment of a separate charge owing to a special provision of these Special Terms and Conditions of Carriage, a special agreement with Germanwings, or an explicit statutory regulation.
7.1.3 The carriage of pets is governed by the provisions of Art. 8. Pets do not count as free baggage even if they otherwise satisfy the requirements of Art. 7.1.2. (a).
7.1.4 Passengers are not permitted to declare any baggage of third parties as their own, in particular not as free baggage. Nor are they permitted to check it in as special or excess baggage.
7.2 Baggage incurring a charge
7.2.1 Baggage, which does not qualify as free baggage, in particular owing to its weight, its bulkiness or other difficulties, can only be carried on payment of a supplementary charge. The details are as follows:
7.2.2 Baggage surcharge: Please note that Germanwings levies a baggage surcharge for each item of checked baggage. The level of the service charge is stated on the Germanwings website or can be inquired directly from the Germanwings call centre (cf. Article 2.3 for contact information and charges). The baggage surcharge is reduced (reduced baggage surcharge) if the baggage for which surcharges are payable is checked in online on the Germanwings website (cf. Article 2.3) no later than three hours prior to the scheduled departure time or by phoning the Germanwings call centre (cf. Article 2.3 for contact information and charges) no later than two hours prior to the scheduled departure time and the relevant surcharge is paid using the payment method stated there.
7.2.3 Excess baggage surcharge: Germanwings is not obliged to carry checked baggage if any individual item of baggage or the passenger’s total checked baggage exceeds 23 kg. If capacity is available, however, Germanwings will accept checked baggage up to a maximum weight of 50 kg per passenger, provided that no individual piece of luggage weighs more than 32 kg. Passengers are obliged to consult Germanwings in advance.
If Germanwings agrees to carry excess baggage, the following surcharges will be levied over and above the baggage surcharge pursuant to Article 7.2.2:
(a) An additional charge for extra baggage ("XBA/XMA") for the first piece of baggage up to a maximum excess weight of 9 kg.
(b) An additional charge for extra baggage ("XBB-XBE/XMB-XME") per piece of baggage for additional pieces with up to a maximum excess weight of 9 kg.
7.2.4 Surcharge for bulky baggage: for the carriage of checked baggage which is not secured in suitcases or other similar compact receptacles, Germanwings levies special surcharges instead of the baggage surcharge pursuant to Art. 7.2.2 and the excess baggage surcharge pursuant to Art. 7.2.3. Germanwings is not obliged to carry bulky baggage. If capacity is available, however, Germanwings will carry bulky baggage, provided the item concerned conforms to the Germanwings definition of bulky baggage and on payment of the relevant surcharge. Passengers are obliged to consult Germanwings in advance.
7.2.5 The level of the individual surcharges can be inquired from the Germanwings call centre (cf. Article 2.3 for contact information and charges) or the Germanwings check-in desk. Charges will be calculated at the rate valid on the date of the flight, or if a binding advance reservation has been made for the baggage, at the rate valid on the date of reservation. The charges stated apply per flight and are therefore charged separately for the outbound and return flights. For connecting flight fareseach leg of the flight between the first departure airport and the final destination airport counts as one flight.
7.3 Air freight
Germanwings does not carry air freight. Baggage can therefore only be carried as hand baggage or checked baggage together with a passenger.
7.4 Right of search
For reasons of flight security and safety, Germanwings is entitled to demand that passengers consent to be searched and examined and allow their baggage to be searched, examined and X-rayed. If the passenger cannot be contacted, Germanwings is entitled to search the baggage without the passenger's presence. This is done in order to establish whether the baggage contains prohibited items pursuant to Article 13 STCC. If a passenger fails to comply with such a request, Germanwings is entitled to refuse carriage of the passenger and the baggage. If a passenger sustains damage or injury in the course of a search or inspection or if baggage is damaged during X-raying or examination, Germanwings shall be liable for such damage only if the damage is attributable to culpable breach of duty on the part of Germanwings.
7.5 Hand baggage
7.5.1 If a passenger’s baggage does not satisfy the requirements stated in Article 7.1.2, it has to be checked in. Carriage of the following items in the cabin is prohibited:
7.5.2 Each passenger is entitled to take one item of hand baggage weighing up to 8 kg and measuring up to 55 x 40 x 20 cm on board.
7.5.3 Items which are not suitable for carriage in the hold (e.g. delicate musical instruments) and which do not satisfy the requirements stated in Article 7.1.2 can be carried in the cabin only if the passenger notifies Germanwings in advance and carriage has been confirmed by Germanwings. Under certain circumstances, Germanwings will levy a special surcharge. The level of the surcharge is stated on the Germanwings website or can be inquired directly from the Germanwings call centre (cf. Article 2.3 for contact information and charges).
7.6 Surrender and reclaim of checked baggage
Passengers are obliged to reclaim their checked baggage at the destination or stopover airport as soon as possible. If the passenger fails to collect the checked baggage within a reasonable time, Germanwings will charge the passenger a storage fee based on the charges valid at the time.
7.6.2 Germanwings is entitled to hand over checked baggage to the holder of the baggage receipt, if issued, and the baggage identification tag without checking the person’s identity. The foregoing shall not apply if Germanwings is aware of circumstances which give it reason to doubt the legitimacy of the holder of the baggage receipt or tag.
7.6.3 If a person wishing to reclaim checked baggage is unable to present the baggage receipt, if issued, and the baggage identification tag to identify the baggage, Germanwings will hand over the baggage to that person only if he or she can prove his/her right to claim the baggage to the satisfaction of Germanwings.
The carriage of pets requires the explicit consent of Germanwings, which will be granted only for the carriage of dogs or cats. If Germanwings gives its consent, the animal will be carried subject to the following conditions:
The passenger must ensure that the animal to be carried is transported in a suitable waterproof, bite-proof and completely closed pet carrier with maximum dimensions of 25.5 x 40 x 40cm and a maximum weight (inclusive of the pet) of 8 kg. The passenger must have the relevant health and vaccination papers, entry permit and other documents for the animal which are demanded by the destination or transit countries. Pets will otherwise not be accepted for carriage. Irrespective of the above, the carriage of pets may also be dependent on additional conditions which passengers can inquire from Germanwings.
Even if Germanwings has accepted the transport of pets, the pet, pet carrier and pet food are not included in the free baggage allowance. A special charge is payable for carriage of the pet. The level of this charge is stated on the Germanwings website or can be inquired directly from the Germanwings call centre (cf. Article 2.3 for contact information and charges). Pets can only be carried in the cabin.
A guide dog accompanying a passenger with a disability will be carried free of charge as additional free baggage. Passengers intending to travel with a guide dog are obliged to notify the Germanwings call centre (cf. Article 2.3 for contact information and charges) in advance. To ensure that Germanwings can take all necessary precautions, passengers travelling with a guide dog are obliged to check in at least two hours before the scheduled departure time.
Germanwings and TUIfly.com are not responsible for any animal for which the passenger does not have the complete entry/exit documents and/or health certificates or any other documents required for the animal to enter or travel through a country, state or sovereign territory. The customer making the booking and the passenger accompanied by the dog are obliged to reimburse Germanwings and TUIfly.com for any fines, expenses, losses and/or obligations caused or imposed owing to the incompleteness of the above documents.
The carriage of urns, human bodies, parts of bodies and/or organs is not permitted on Germanwings flights.
For safety reasons, Germanwings and the crew members are entitled to prohibit or restrict the use of all electronic devices – including but not limited to mobile phones, laptops, recording devices, radios, CD players, electronic games or transmission devices, inclusive of remote-controlled toys and walkie-talkies – on board the aircraft. The use of hearing aids and pacemakers is permitted.
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.
Germanwings 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) A passenger behaves in such a way on board or prior to boarding the aircraft that
- the aircraft, any person or items on board are endangered, or
- the crew members are prevented from carrying out their duties, or
- the passenger fails to comply with the instructions of the crew, in particular with regard to smoking, the consumption of alcohol or drugs, or
- the passenger’s behaviour is an unacceptable nuisance for the other passengers or the crew, or leads to damage or injury,
- there is reason to believe that the passenger will perform one of the above acts;
(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, order 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 necessary examinations 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 Germanwings or instructions issued within the scope of Germanwings’ 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 Germanwings, or if Germanwings has banned the passenger from entering its premises.
12.2 Measures by Germanwings
In the cases specified under the above 12.1, Germanwings 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, Germanwings 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.
12.3 Allocation of seats
Germanwings is entitled to allocate passengers to a different seat, also after the passenger has boarded the aircraft, on grounds of safety or for operational reasons. Passengers are not entitled to demand travel in a particular seat. As XL seats are located in the rows beside the emergency exits, these seats are important for safety aspects. Germanwings therefore allocates these seats only to passengers whose physical and/or mental condition ensures that the passenger would not obstruct evacuation of the aircraft in case of emergency.
The liability of TUIfly.com and Germanwings is based on the provisions specified in the General Terms and Conditions of Carriage.
The passenger permits TUIfly.com and Germanwings, within the scope of the relevant legislation, to store all personal data disclosed to TUIfly.com and/or Germanwings or an authorised agent by the passenger for the purpose of flight reservation.
(a) This data is important for additional services, such as investigating baggage fraud, averting and/or proving air ticket fraud, for compliance with entry/exit regulations and for disclosure to the authorities.
(b) TUIfly.com and Germanwings are further authorised to disclose such personal data for the aforesaid purposes to their own offices, authorised agents, other airlines, other service providers and to public authorities in Germany and abroad.
No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC Germanwings or to waive their applicability.
These STCC Germanwings 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 case of conflict between these STCC Germanwings 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 171612631
Managing Directors: Olaf Petersenn, Dr. Oliver Dörschuck