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Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH in the capacity of Contracting Carrier for Carriage executed by InterSky Luftfahrt GmbH as Actual Carrier.
These Special Terms and Conditions of Carriage (hereinafter referred to as "STCC InterSky") 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 InterSky Luftfahrt GmbH (hereinafter referred to as "InterSky") and/or any agents employed in performance of InterSky'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 InterSky, InterSky is the actual carrier as defined in legislation governing carriage by air.
In addition to these STCC InterSky, the GTCC of TUIfly.com also apply. In case of conflict between these STCC InterSky 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 InterSky is handled by the InterSky customer service centre which can be contacted at the following e-mail address: reservation@InterSky.biz.
InterSky can be contacted at the following address:
InterSky Luftfahrt GmbH
Tel. Austria: 05574 48800 46
Tel. Germany: 07541 286 96 84
Tel. Switzerland: 031 819 72 22
Tel. International: +43 5574 48800 46
Fax International: +43 5574 48800 8
Mon-Fri: 08:00 - 18:00 h
3.1.1 In general, the check-in desks open an hour and a half before the scheduled departure time.
InterSky recommends that you arrive for check-in an hour and a half to two hours before departure. InterSky is entitled to cancel the bookings for passengers who do not arrive at the check-in desk by the check-in time specified for the respective flight confirmation (latest check-in is 45 minutes before the scheduled departure time and who have not contacted flight personnel to check in.
3.1.2 In the interest of passenger safety, stricter safety measures apply for InterSky passengers. Please note that delays are possible as a result.
(a) All passengers, including children and infants, must present a valid official photo ID at check-in. This condition also applies to domestic flights and flights to and from Schengen countries, irrespective of any national travel regulations.
Passengers booked on international flights are obliged to comply with the national entry and exit regulations of the country concerned and to present the identification and any other documents, such as visas, prescribed by these regulations. InterSky is otherwise entitled to refuse check-in.
(b) The names on the identification document and the name on the ticket (booking confirmation) must be identical. Only the passengers for whom the booking has been made will be checked in. No subsequent amendments (change of passenger) are possible.
(c) Passengers and their baggage undergo a stringent security check by InterSky. Pursuant to Article 5.6, InterSky is therefore entitled to search you and your baggage. Certain items may not be carried in the cabin or are completely prohibited from carriage by air. You are accordingly advised to pay strict attention to the detailed provisions stated in Article 5 when packing your baggage. This helps InterSky perform its duties and also avoids inconvenience for you during check-in. If necessary, InterSky will ask you during check-in to transfer items from your hand baggage to a piece of checked baggage or may even refuse carriage of your baggage altogether.
During check-in you will be advised of the gate from which you can board the aircraft and the deadline by which you are obliged to appear at the gate. You must not reach the gate later than the time stated during check-in. Please note that inspection and security procedures are carried out at each airport before you can access the gate area and that the duration and course of such procedures are beyond the control of InterSky. InterSky consequently advises you to proceed to the security area in good time, as security procedures may take considerable time depending on the circumstances.
3.3. Consequences of delays
InterSky reserves the right to cancel your booking if you fail to observe the check-in deadlines or do not appear punctually at the gate. The foregoing also applies if InterSky is unable to check you in for one of the reasons stated in Article 7.1.2. In that case, you are not entitled to reimbursement or a credit voucher in lieu of the fare.
4.1. Refusal of carriage
InterSky is entitled to refuse carriage or onward carriage of you or your baggage if such a measure is necessary to comply with statutory regulations, national and/or international conditions, official decrees or other regulations. InterSky is further entitled to refuse carriage or onward carriage of you or your baggage if InterSky has legitimate reason to assume that
4.1.1 the carriage of you or your baggage could jeopardise, affect or threaten the safety, health or comfort of the other passengers or the crew;
4.1.2 your mental or physical condition, inclusive of any impairment resulting from drugs or alcohol, constitutes a danger or risk to yourself, other passengers, the crew or their property;
4.1.3 you have already caused an unacceptable nuisance on previous flights and InterSky has reason to assume that you could repeat such behaviour;
4.1.4 you have refused to undergo a security check;
4.1.5 you have not paid the full fares, taxes, duties or other sums demanded by InterSky;
4.1.6 you do not appear to be in possession of valid travel documents or are attempting to enter a country for which you have only a transit visa or for which you do not have valid documents, if you destroy your documents during the flight or refuse to hand them over to the crew on demand in return for appropriate confirmation of receipt;
4.1.7 you are unable to prove that you are the person stated on the ticket (booking confirmation);
4.1.8 you have travelled without a valid ticket on a previous occasion;
4.1.9 you fail to comply with security information, warnings or other instructions.
4.2. Passengers in need of special assistance
4.2.1 Please note that the carriage of unaccompanied children aged under 12, persons with a disability, expectant mothers, sick persons or other persons in need of special assistance is possible only if an explicit prior agreement has been reached with InterSky. Bookings for passengers with special requirements should therefore be made through the InterSky call centre. If bookings for such passengers have been made on the Internet, the call centre must subsequently be notified of the requirements in detail as soon as possible, stating the booking confirmation number.
4.2.2 Expectant mothers can be carried up to and including the 27th week of pregnancy and can begin the return flight up to the 34th week of pregnancy on presentation of a doctor's certificate confirming the pregnancy stage and that the passenger is fit to fly.
4.2.3 The following provisions apply irrespective of the need for the consent of InterSky in individual cases and unless otherwise explicitly agreed:
(a) For safety reasons, passengers with special requirements are not permitted to sit beside the emergency exits;
(b) InterSky can carry a maximum of one passenger per flight if the passenger's disability calls for the attendance of a person to provide assistance, unless the passenger is already accompanied by a suitable carer. An accompanying passenger cannot be deemed suitable as a carer if that person is responsible for the care of more than one passenger.
(c) Folding wheelchairs will be carried free of charge over and above the standard free baggage allowance. Wheelchairs with unsealed or non-leakproof batteries cannot be carried. As a fundamental principle, InterSky 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 InterSky.
(d) 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 InterSky.
4.3. Carriage of children
4.3.1 Unless a separate agreement has been reached, InterSky carries children aged under 12 only if accompanied by their parents, siblings or other accompanying persons (aged 16 or over). If the accompanying person is not a parent with custody of the child, the accompanying person must present a written statement signed by all persons who have joint custody of the child to InterSky confirming that the persons entitled to custody of the child consent to the flight under the supervision of the accompanying person.
4.3.2 The number of unaccompanied minors per flight is limited. The InterSky call centre must be notified of the carriage of unaccompanied minors at the time of booking. Additional charges are payable.
4.3.3 Infants aged under 2 on the date of the flight can be carried without a ticket on payment of a service charge, the level of which is stated in the InterSky list of charges (Article 10), provided the infant travels on the lap of an adult. A discount of 50% applies for the flight fare for children between the ages of 2 and 11. Otherwise, for older children (age 12 and up), the same fares apply as for adults. However, please note that no child restraint systems are provided on board InterSky aircraft.
4.3.4 Please note that in France and Spain, children and young people aged under 18 who do not have their own passport are obliged to present written authorisation from their parents in order to leave their native country. This authorisation can be given only on the official form, which is available from the local town hall or police station and must be completed and signed by the child's parents.
5.1 Free baggage allowance
The carriage of baggage is included in the fare, provided that the baggage satisfies the InterSky free baggage conditions. Free baggage is defined as:
5.1.1 checked baggage in suitcases or other similar compact receptacles up to a maximum weight of 23 kg per passenger. Infants aged under two are not entitled to a free baggage allowance.
5.1.2 baggage which is not checked in but which the passenger takes into the cabin as hand baggage and has presented to InterSky as hand baggage during check-in, up to a maximum weight of 5 kg and maximum dimensions of 55 x 40 x 20 cm.
5.2 Excess baggage
5.2.1 Baggage which does not qualify as free baggage owing to its weight, bulkiness or other difficulties can only be carried on payment of a supplementary charge.
5.2.2 Passengers are not entitled to demand the carriage of excess baggage. As a general rule, however, InterSky will accept excess baggage up to a maximum weight of 30 kg per passenger depending on the available capacity. Passengers are obliged to consult InterSky in advance.
5.2.3 For details of the excess baggage rates, please refer to the InterSky list of charges (Article 10) or ask at the InterSky call centre or check-in desks.
The charges published on the date of the flight always apply.
5.3 Air freight
No air freight is carried on InterSky flights. Baggage can therefore only be carried as hand baggage or checked baggage together with a passenger.
5.4 Prohibited baggage items
5.4.1 Your baggage must not contain:
(a) Items which could endanger the aircraft or persons or property on board the aircraft. These items are stated in detail in the "Technical Instructions for the Safe Transport of Dangerous Goods by Air" of the International Civil Aviation Organisation (ICAO) and the "Dangerous Goods Regulations" of the International Air Transport Association (IATA).
This applies in particular to:
• Gas bottles, frozen flammable, non-flammable and toxic gases such as butane, oxygen and propane, inclusive of butane gas, camping gas and soldering lamps etc.
• CS gas and pepper sprays as well as all sprays which affect a person's movement or actions, flammable liquids and solids, e.g. for lighters or heating devices, paint and matches, cigarette lighters etc.
• Poisons such as insecticides, herbicides, arsenic and cyanide
• Radioactive material, oxidising materials and organic peroxides such as bleach and fibreglass repair kits
• Infectious substances such as bacteria and viruses
• Corrosive substances such as mercury, acids, alkalis and wet cells
• All liquids which can be used to produce explosive devices
Please note that matches and cigarette lighters may only be carried as hand baggage and only in the usual quantities for personal use. They may not be carried as checked baggage.
If you are not sure which items you are permitted to carry, please phone InterSky or ask at the check-in desk.
(b) Items which InterSky is not permitted to carry owing to statutory regulations, official instructions or other regulations of any overflown country or the destination country;
(c) Items which InterSky deems unsuitable for carriage because they are dangerous or unsafe or owing to their weight, shape or nature, or because they are fragile or perishable or could cause an unacceptable inconvenience to other passengers; information about items which will not be accepted as baggage is available from InterSky on request.
(d) Firearms and explosives, hand weapons, automatic weapons, ammunition including blank cartridges, gun attachments, fireworks, flares, smoke canisters and firecrackers.
5.4.2 Firearms and ammunition of all kinds, except for hunting and sports purposes, may not be carried as baggage. Firearms and ammunition for hunting and sports purposes can be accepted as checked baggage in compliance with the terms and conditions of InterSky; firearms must be unloaded and fitted with a locked safety catch and appropriately packed. The carriage of ammunition is subject to the regulations published by ICAO and IATA. Both the firearms and the ammunition must be declared at check-in; special check-in times apply. If applicable, the passenger is obliged to inquire in advance about these check-in times.
5.4.3 Weapons such as antique firearms, swords, knives and similar items can be accepted as checked baggage at the discretion of InterSky; under no circumstances can such items be carried in the aircraft cabin.
5.4.4 Your checked baggage must not contain any money, jewellery, precious metals, computers, personal electronic devices, transferable securities, securities or other valuables, keys, medicines, business papers, passports or other identification papers or ID cards. If you carry any of these items in your baggage in breach of the above regulation, InterSky shall not be liable for the loss or damage of such items.
5.4.5 InterSky does not carry wheelchairs with unsealed or non-leakproof batteries, additional oxygen for the passenger's personal use, stretchers, bassinets, motors or engines.
5.5 Right to refuse baggage
5.5.1 Subject to the exceptions stated in Article 5.4.2 and 5.4.3, InterSky will refuse the carriage or onward carriage of the items stated in Article 5.4.
5.5.2 InterSky is entitled to refuse the carriage of baggage which, in the legitimate opinion of InterSky, is not properly and securely packed in suitable receptacles. Information about packing and unsuitable receptacles is available from InterSky on request.
5.5.3 Passengers are not permitted to declare baggage belonging to other persons as their own or to check in such baggage for carriage as free or excess baggage.
5.6 Right of search
For reasons of flight safety and security, InterSky is entitled to demand that you agree to be searched and/or examined and that you permit your baggage to be searched, examined or X-rayed.
If you cannot be contacted, your baggage may also be searched in your absence
This is done to check whether your baggage contains any of the items stated in Article 5.4.1, or any firearms, ammunition or other weapons which have not been presented to InterSky in accordance with Article 5.4.2 or 5.4.3. If you are not willing to comply with such a request, InterSky is entitled to refuse carriage of you and your baggage. If you suffer any damage from such a search or examination, or if your baggage is damaged as a result of X-ray or other examination, InterSky shall be liable for such damage only if the damage is attributable to fault or gross negligence on the part of InterSky. You are liable for all direct and consequential costs resulting from any additional examination.
5.7 Checked baggage
5.7.1 InterSky takes checked baggage into custody after handover by the passenger and attaches a baggage identification tag to each item of baggage.
5.7.2 Each item of checked baggage must bear your name or other personal identification marks.
5.7.3 InterSky will carry your checked baggage on the same flight as you if possible, unless InterSky decides to carry it on a different flight for safety/security or operating reasons.
If your checked baggage is carried on a later InterSky flight, you can collect it personally at the destination airport (cf. Article 5.9.).
5.8 Hand baggage
5.8.1 If your baggage does not satisfy the requirements stated in Article 5.1.2, it has to be carried as checked baggage. You are not permitted to carry certain items in the aircraft cabin, such as the following:
• toy guns or imitation guns (plastic or metal)
• nail files (paper nail files are permitted)
• knives with blades of any length whatsoever
• paper knives
• razor blades
• knitting needles
• sports bats and racquets
• billiard, snooker or pool cues
For further information about items which may not be carried as hand baggage please ask the security staff at your departure airport before departure.
Please note that these regulations may be changed at short notice owing to terrorist alarms, leading to changes in the statutory regulations or stricter conditions for passengers.
5.8.2 InterSky shall accept items which are not suitable for transport in the hold (e.g. delicate musical instruments) and which do not comply with the requirements stated in Article 5.1.2 for carriage in the cabin only subject to advance notification by the passenger and acceptance by InterSky. InterSky is entitled to charge a supplement for the carriage of such baggage.
5.9 Surrender and reclaim of checked baggage
5.9.1 You are obliged:
to reclaim your checked baggage at the destination (this is always your destination airport) or stopover airport as soon as possible. If you fail to collect your baggage within a reasonable time, InterSky will charge a storage fee based on the InterSky rates. If you fail to collected your baggage within a period of three months as from the date on which InterSky makes it available for collection, InterSky will dispose of the baggage; InterSky shall not be liable for any damage sustained in that connection. If you still owe any payments to InterSky, the baggage will be handed over on payment of the outstanding sums. InterSky shall, however, make reasonable effort to inform you in advance.
5.9.2 Only the holder of the baggage identification tag is entitled to accept the baggage.
However, InterSky is not obliged to check that the holder of the baggage identification tag is the authorised recipient of the baggage.
InterSky shall not be liable for any loss, damage or expenses sustained because InterSky has not checked the entitlement of the person collecting the baggage. InterSky will hand over baggage to persons wishing to reclaim checked baggage without presenting the baggage identification tag only if the person can prove to the satisfaction of InterSky that the baggage belongs to that person.
5.9.3 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, InterSky will hand over the baggage to that person only if he or she can prove to the satisfaction of InterSky that he/she is entitled to the baggage.
5.10 Carriage of pets
The carriage of pets is permissible only with the explicit consent of InterSky. InterSky will grant its consent only for the transport of dogs or cats. If InterSky has granted its consent, the animals will be carried subject to the following conditions:
5.10.1 You are obliged to ensure that the animal to be carried is transported in a suitable waterproof pet carrier and that you have valid 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 you can inquire from InterSky.
5.10.2 If InterSky has agreed to the carriage of pets, the pet, pet carrier and pet food are not included in the free baggage allowance, but count as excess baggage for which a separate charge is payable pursuant to the InterSky list of charges (Article 10). If InterSky has agreed to the carriage of pets, this is subject to a total weight of 8 kg (pet and pet carrier) and maximum dimensions of 25.5 cm high x 40 cm wide x 40 cm deep. Pets can only be carried in the cabin.
5.10.3 Guide dogs (for the blind) 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 InterSky call centre (0043 (0)5574 – 48800 – 46) in advance. To ensure that InterSky 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.
5.10.4 InterSky is 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.
You and the passenger accompanied by the animal are obliged to reimburse InterSky for any fines, expenses, losses and/or obligations sustained by or imposed on InterSky owing to the incompleteness of the above documents.
5.11 Carriage of human bodies and/or organs
The carriage of human bodies, parts of bodies and/or human organs is not permitted on InterSky flights.
5.12 Denied boarding, cancellations and delays
5.12.1 InterSky shall take all necessary measures to carry you and your baggage without delays. To enable it to do so to the best possible satisfaction of its passengers and in particular to avoid the cancellation of flights, InterSky is entitled in exceptional circumstances to have a flight performed by a different airline on behalf of InterSky and/or with a different aircraft.
5.12.2 If your flight is cancelled or departure delayed by two hours or more, you may be entitled to compensation or assistance.
Your rights in such cases, in particular the exact conditions, the nature and scope of such benefits, are based on EC Regulation No. 261/2004 of the European Parliament and the Council of 11 February 2004. Written information about your rights is available at the check-in desk or the gate.
5.12.3 The foregoing provision does not affect the liability of InterSky for any further damage, which is determined by the provisions of Article 8.
If your behaviour on board the aircraft is such that in the crew's opinion you pose a risk for the aircraft, any person or property on board the aircraft, or you obstruct the crew in the performance of its duty or fail to observe the instructions of the crew, including any instructions relating to smoking or the consumption of alcohol and/or drugs, or you behave in any other way which causes concern, disturbance, damage or injury to the other passengers or the crew, InterSky is entitled to take any steps which InterSky deems necessary to prevent the continuation of such behaviour, including the use of physical restraint.
InterSky is entitled to order you to leave the aircraft and to refuse further carriage to a different destination. Criminal and civil proceedings may be taken against any passenger who behaves unlawfully on board an aircraft of InterSky.
6.2 Smoking on board
All InterSky flights are non-smoking. You agree not to smoke on board. InterSky reserves the right to take appropriate steps in case of non-compliance with the ban on smoking on board.
6.3 Electronic devices
For safety reasons, no electronic devices such as mobile phones, laptops, recording devices and radios, CD players, electronic games or transmission devices, inclusive of remote-controlled toys and walkie-talkies, may be used on board the aircraft. You agree to keep all such electronic devices switched off throughout the entire flight. The use of hearing aids and pacemakers is, of course, permitted.
6.4 Alcoholic beverages
The consumption of alcoholic beverages taken on board by the passenger is not permitted.
7.1 Travel documents
7.1.1 You are responsible for obtaining all necessary travel documents and visas and for compliance with all relevant laws, conditions, regulations, orders and travel requirements of the countries you are flying to, from or through. InterSky shall accept no responsibility for any consequences of your failure to comply with these obligations. If you are denied entry to any country, you are obliged to pay all penalties or any fines imposed on InterSky in that connection and to pay the cost of return transport from that country yourself or to reimburse InterSky for such costs. You are not entitled to reimbursement of the fare for carriage to the place where you were denied entry.
7.1.2 Before beginning the journey, you are obliged to submit all exit and entry permits, health certificates and other documents demanded by the laws, regulations, ordinances, orders or other requirements of the country concerned and to permit InterSky to make and keep photocopies of these documents. InterSky reserves the right to refuse carriage if you fail to comply with these requirements or if your travel documents do not appear to InterSky to be in order.
7.2 Responsibility for fines, cost of imprisonment etc.
7.2.1 If InterSky is asked to pay a fine or the cost of imprisonment or any other expenses resulting from your failure to comply with the laws, regulations, ordinances, orders or other travel requirements of the country concerned or your failure to present the necessary documents, you are obliged to reimburse InterSky on request for its costs or expenses. InterSky is entitled to use the value of any unused carriage on your ticket or any items of your property in the possession of InterSky to pay for such expenses.
7.3 Customs inspections
If necessary, you are obliged to permit customs or government officials to inspect your baggage. InterSky shall accept no liability for any loss or damage you sustain owing to such an inspection or your failure to permit such an inspection.
7.4 Security checks / inspections
You are obliged to consent to all security checks by public authorities, airport employees, carriers or InterSky.
7.5 Personal data
7.5.1 You accept that your personal data has been submitted to InterSky 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 and the provision of such data for government authorities in connection with your journey. You authorise InterSky to capture, save and use the data for that purpose and to transmit it to InterSky's branch offices, authorised representatives, government authorities, other airlines and/or to the parties who provide the above services. InterSky is specifically entitled to disclose your passport details and personal data processed and used in connection with carriage by InterSky 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.
8.1.1 InterSky is fully or partly exempt from liability if you are responsible or jointly responsible for the damage.
8.1.2 InterSky is liable only for damage occurring on flights or flight segments for which InterSky's airline code is stated in the column "Flight/Carrier" on the ticket. If InterSky issues tickets for carriage on a flight operated by another airline or accepts baggage for carriage on a flight operated by another airline, InterSky acts solely in the capacity of agent for the other carrier and is not directly liable.
8.1.3 InterSky is not liable for damage which is directly or indirectly attributable to the satisfaction of statutory or official requirements, regulations or ordinances or to your failure to satisfy such requirements or which are due to a circumstance beyond the control of InterSky.
8.1.4 You are also entitled to claim compensation for damage to checked baggage from the first or last carrier. As a fundamental principle, InterSky is liable only for baggage (damage, loss, theft, delay etc.), which is carried on flights or flight segments for which InterSky's airline code is stated in the column "Flight/Carrier" on the ticket. InterSky accepts no liability whatsoever (damage, loss, theft, delay etc.), for baggage which has been checked through to the final destination.
InterSky therefore recommends that you always check in baggage directly on InterSky flights.
8.1.5 Under no circumstances does InterSky's liability exceed the amount of the substantiated damage.
InterSky is not liable for indirect damage, consequential damage nor for penal damages.
8.1.6 InterSky shall not be liable if it proves that InterSky, the employees of InterSky and other persons deployed by InterSky in performance of the contract of carriage have taken all necessary measures to prevent the damage or that they were unable to take such measures.
This exclusion and limitation of InterSky's liability applies by analogy to all agents, employees, representatives and all persons whose aircraft is used by InterSky inclusive of their agents, employees and representatives. The total sum that may be payable as compensation by InterSky and the foregoing persons must not exceed the maximum liability limits for InterSky.
8.1.7 The provisions of this section also apply without restriction to the following exceptional cases, unless otherwise stated in these Special Terms and Conditions of Carriage.
8.1.8 Unless otherwise explicitly agreed, none of these conditions of carriage constitutes a waiver of the exclusion of liability which applies to InterSky or any limitations of liability pursuant to the Convention and applicable law.
8.2 Personal injury
8.2.1 Liability for injury is governed by the Austrian Aviation Act and the Montreal Convention of 28 May 1999 which was implemented in the European Community by EC Regulation No. 889/2002 (as amended from time to time) and transposed by the national legislation of the Member States.
8.2.2 (a) InterSky will not claim a waiver of liability for damage up to a sum in euros equivalent to 100,000 SDR per passenger even if InterSky can prove that InterSky or its employees have taken all necessary measures to prevent the damage or that such measures could not be taken. However, InterSky also reserves the right to prove that the behaviour of the damaged party was fully or partly (jointly) responsible for the damage so that InterSky is exempt from liability.
(b) The provisions of the Convention and the applicable national legislation shall otherwise apply without restriction. Accordingly, InterSky shall not be liable for any further damage if InterSky proves that the damage is not attributable to unlawful or culpable acts or omissions on the part of InterSky or its employees, or is attributable solely to unlawful or culpable acts or omissions on the part of a third party.
8.2.3 In case of such damage, InterSky shall make an advance payment immediately, no later than 15 days after establishment of the identity of the natural person entitled to compensation, to satisfy the immediate financial requirements; the amount shall be determined on the basis of the severity of the damage. In case of death, the advance payment shall amount to a minimum of a sum in euros equivalent to 16,000 SDR per passenger. The advance payment does not constitute acknowledgement of liability and may be deducted from any subsequent payments made owing to liability. The advance payment does not have to be refunded unless the passenger is jointly responsible for the damage or in cases in which it is subsequently proved that the damage was attributable to negligence or co-negligence on the part of the persons who received the advance payment or that these persons would not otherwise be entitled to compensation.
8.3 Damage to baggage (checked and hand baggage)
8.3.1 InterSky shall not be liable for damage to checked baggage if InterSky can prove that the damage was not due to unlawful or culpable acts or omissions on the part of InterSky or its employees, or is attributable solely to unlawful or culpable acts or omissions of a third party.
In all other cases, in particular in case of damage to hand baggage and/or its contents and passengers' personal belongings, InterSky shall be liable only if it is proved that the damage was the fault of InterSky or its employees. InterSky reserves the right to prove that fault on the part of the damaged party was fully or partly jointly responsible for the damage; InterSky is exempt from liability to the extent that it can furnish such proof.
8.3.2 InterSky shall not be liable for damage which is attributable to items contained in the baggage or to an inherent fault in the baggage. If such items cause damage to the baggage of another passenger or to the property of InterSky, you shall be liable to recompense InterSky for all damage and expenses sustained as a result.
8.3.3 InterSky shall not be liable for damage to and/or loss or theft of perishable, fragile or extremely delicate items, computers, laptops, jewellery, precious metals, precious stones, money, securities, business papers, specimen passports, identity cards or articles of clothing.
8.3.4 InterSky shall be further liable for the destruction, loss and/or damage of baggage only up to a maximum of 1000.00 SDR. A higher liability limit shall apply only if the passenger submits a separate written declaration during check-in and pays the appropriate surcharge. The current market value of the baggage shall further serve as the basis for calculating the value of the damage. InterSky is entitled to seek the services of an expert to assess the damage. InterSky shall not be liable for the costs of the foregoing expert.
8.3.5 If InterSky is obliged to reimburse the passenger for one of the above reasons, but is obliged to offset expenditure which InterSky has saved or other use of performance by InterSky, InterSky shall charge a processing fee for the work involved.
8.4 Damage owing to delays, denied boarding and cancellations
8.4.1 InterSky shall be liable for damage caused by delays in the carriage of passengers, unless InterSky has taken all reasonable steps to avoid damage or it was not possible to take such steps.
8.4.2 Liability for damage caused by delays in the carriage of passengers shall be limited to 4150.00 SDR. In case of delays of more than 2 hours, InterSky shall provide assistance and compensation pursuant to EC Regulation No. 261/2004.
8.4.3 InterSky shall be liable for damage caused by delays in the carriage of checked baggage, unless InterSky has taken all reasonable steps to avoid damage or it was not possible to take such steps.
Liability for damage caused by delays in the carriage of baggage shall be limited to 1000.00 SDR.
8.5 Notification of damage and limitation periods
8.5.1 If the holder of the baggage tag accepts the baggage without complaint at the time of baggage reclaim, this is deemed sufficient proof that the baggage was handed over in good condition and in conformance with the contract of carriage, unless you prove otherwise. If you wish to submit notification of damage or file a legal action for damage to checked baggage, you are obliged to notify InterSky as soon as you discover the damage, but no later than within seven (7) days of acceptance of the baggage
If you wish to submit notification of damage or file a legal action relating to a delay in the carriage of checked baggage, you are obliged to notify InterSky within a period of twenty-one (21) days as from the date on which the baggage was made available to you again. All such notification must be made in writing.
8.5.2 Legal action for compensation for damage of any kind whatsoever relating to international carriage can be filed only within a limitation period of 2 years beginning on the date of arrival of the aircraft at the destination or from the date on which the aircraft was scheduled to arrive, or from the day on which carriage was discontinued. The above period shall be calculated in accordance with the law in force at the invoked court. The limitation period for claims in connection with carriage inside the Federal Republic of Germany is 3 years.
Special supplementary regulations apply to the carriage of you and your baggage in certain exceptional cases and these regulations also form an integral part of the contract of carriage between you and InterSky and are therefore also important. They refer to the following items:
• The carriage of unaccompanied minors, expectant mothers and sick passengers
• Restriction of the use of electronic devices and equipment
• The consumption of alcoholic beverages on board
The provisions and conditions which refer to the above matters are available from InterSky on request and can also be viewed and downloaded from the InterSky website.
Name of charge
• UM: unaccompanied minors aged 5-12: EUR 30.00 service charge per flight segment
• INF: service charge for infants aged under 2: EUR 15.00 service charge per flight segment
• Seat: seat reservation (Eco Premium free of charge) EUR 5.00 per flight segment
• BLND: boarding + deboarding assistance for blind passengers: free of charge
• DEAF: boarding + deboarding assistance for deaf passengers: free of charge
• WCHR (Ramp): assistance for passengers with reduced mobility on the apron: free of charge
• WCHS (Steps): assistance for passengers with reduced mobility on the aircraft steps: free of charge
• WCHC(Carry): assistance for passengers with reduced mobility to the aircraft seat: free of charge
• WCMP: carriage of a manually powered wheelchair: free of charge
• WCBD: carriage of a dry battery-powered wheelchair: free of charge
• PETC: carriage of pets in a suitable receptacle with a total weight (incl. pet carrier) of up to 8 kg (Pet carriers are not provided by InterSky): EUR 10.00 per flight segment
• Guide dog for the blind: free of charge
• BIKE: bicycle carriage (securely packed. Packaging material is not provided by InterSky): EUR 25.00 per flight segment
• SPEQ: sports equipment: EUR 25.00 per flight segment
• Bodyboard: carriage of a bodyboard/diving equipment: EUR 25.00 per flight segment
• Golfing equipment: carriage of golfing equipment: EUR 25.00 per flight segment
• Ski: carriage of skis (length must be stated): EUR 25.00 per flight segment
• Snowboard: carriage of a snowboard: EUR 25.00 per flight segment
• Surfboard: carriage of a surfboard: EUR 25.00 per flight segment
• Glider / hang glider: carriage of a glider/hang-glider: EUR 25.00 per flight segment
• Sports weapons: carriage of sports weapons: EUR 15.00 per flight segment
• XBAG: charge for excess baggage, per kg, as from 15 kg (Economy Class) / 20 kg: EUR 5.00
The liability of TUIfly.com and InterSky is based on the provisions specified in the General Terms and Conditions of Carriage.
TUIfly.com and/or InterSky 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 InterSky 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 TUIfly.com and/or the actual carrier. TUIfly.com and/or InterSky 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 InterSky at any time with effect for the future without obligation to notify the user. The STCC InterSky as amended from time to time are published on the InterSky website as from the date on which they come into force. On continuing to use the website after amendment of the STCC InterSky, 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 InterSky or to waive their applicability.
These STCC InterSky 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 InterSky 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, Alejandro Gonzalez Espinosa