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Special Terms and Conditions of Carriage
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 Jetair N.V. as Actual Carrier
These Special Terms and Conditions of Carriage ("STCC Jetair N.V.") 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 Jetair N.V. (hereinafter referred to as “Jetairfly”).
TUIfly.com is the contracting air carrier defined in legislation governing carriage by air and is party to the contract with the passenger. If TUIfly.com allows Jetairfly to handle the carriage to which the passenger is entitled, Jetairfly is the actual carrier as defined in legislation governing carriage by air.
In addition to these STCC Jetairfly, the GTCC of TUIfly.com also apply. In case of conflict between the STCC Jetairfly and the GTCC, the GTCC shall take precedence.
2.1 Contact with Jetairfly and Jetairfly Customer Service
All registrations that are to be made directly with Jetairfly are processed by Jetairfly Customer Service, which can be reached by telephone at +32 (0) 70 – 22 00 00.
Jetairfly can be contacted at the following address:
Gistelsesteenweg 1, 8400 Ostend (Belgium)
The acceptance for carriage of children travelling alone, passengers with disabilities or illnesses, or passengers who are pregnant requires the prior consent of the carrier and the payment of any compensation owed.
3.1 Carriage of Expectant Mothers
A pregnant woman is allowed to fly up to the 35th week of the pregnancy (32 weeks if this pregnancy is not her first). A physician's certificate is required in Dutch, French or English that confirms that the woman can fly without endangering her pregnancy or risking a premature delivery. Starting with the 36th week of the pregnancy, she is no longer allowed to fly with Jetairfly. Jetairfly reserves the right to demand that the physician's certificate be presented upon departure. The certificate is to be issued within the 8 days prior to the flight.
3.2 Passengers with Reduced Mobility (PRM)
Passengers with reduced mobility are allowed to be accompanied under the condition that the directives of EC Regulation 1107/2006 are met, particularly the requirement of prior inquiry.
a) Specification of terms
A "passenger with reduced mobility" is a person whose mobility is limited when using transportation due to physical disability (sensory or motor, continual or temporary), due to mental disability or limitation, or due to age-related or other disabilities and whose circumstances require appropriate support and adaptation of the services provided to all other passengers for his or her special needs.
b) Prior inquiry
In order to be provided the special assistance listed under c) and d) below, such passengers must indicate that they need special assistance at the time of booking or as soon as possible afterward when they realize that that they will need special assistance, or, at the latest, 48 hours before departure. The passenger must fill out the "ASST" form, including all of the required information regarding the type of limitation.
Following are the respective categories of limitation:
- “WCHR”: People who can walk and climb up and down stairs without assistance, but who require assistance due to the long distances that must be covered in airports;
- “WCHS”: People who can walk without assistance, but who cannot climb up and down stairs;
- “WCHC”: People who can only move with the assistance of a wheelchair or who cannot walk without assistance;
If an inquiry is not made prior to the flight, it may come to improvisation and delay in boarding the aircraft and, if applicable, even refusal to allow boarding.
c) Assistance at the airport
The management body of the airport in the EU or the body authorized to act on its behalf provides assistance to passengers with reduced mobility from the time that they enter the airport to the time when they take their seat in the airplane. More specifically, assistance can be offered in order to help the person be able to move in the check-in and security/customs clearance areas, to check in, to move through any emigration, customs and security processes, to board the aircraft and in similar situations. The passenger must follow the procedures set by the management body of the airport.
d) Wheelchair transport
Some wheelchairs are transported at no cost in the cargo compartment. Folding wheelchairs can be used up to the aircraft steps or door. Afterward, the wheelchairs are loaded into the cargo compartment. The carriage of wheelchairs must be registered at the time of booking with the 'ASST' form. There are 3 types of wheelchairs:
1) Manual wheelchair without electric drive
2) Electric wheelchair or other mobility assistance with a wet cell battery that is leakproof, i.e. the battery is sealed and cannot be filled or refilled.
Wheelchairs can be transported in the aircraft under the condition that:
• the battery is disconnected
• the battery poles are correctly isolated
3) Electric wheelchair or other mobility assistance with a wet cell battery that is not leakproof, i.e. the battery is sealed and can be filled or refilled. Because the airline cannot ensure that the wheelchair can be transported in a vertical position in the cargo compartment, adherence to the following provisions is required: The battery must be removed and packed such that it remains in a vertical position in a container specifically intended for the purpose, which must met the following requirements: leakproof, resistant to battery fluid, sufficiently wrapped with absorbent material and labelled on the outside with the following adhesive labels: 'battery, wet, with wheelchair', 'corrosive' and 'this way up'.
Attention: The term "dry battery" only applies to small batteries such as those in cameras, mobile phones or flashlights. Wheelchair batteries are always considered to be wet batteries.
3.3 Blind and Deaf-Blind Passengers
A limited number of blind, deaf and deaf-blind passengers are permitted on board.
Guide dogs can be transported in the cabin free of charge. In accordance with European law, the dog must wear a muzzle.
3.4 Passengers with Health Problems
If it is possible that a passenger might experience health problems during the flight, he or she must consult with a physician before the flight, particularly in the case of long route flights. The passenger is responsible for taking all necessary precautions. The passenger assumes the risk related to not having done so.
Passengers who suffer from specific illnesses or conditions must also present a written physician's certificate that confirms that they are able to fly.
These passengers include:
• those who have recently suffered a heart attack;
• those to whom injections, oxygen or an infusion must be administered during the flight;
• those with severe internal or external injuries;
• those with mental disabilities.
Stretchers are not allowed on board Jetairfly aircraft.
3.5 Children travelling alone
a) General information
For children travelling alone, a request either must or can be made (depending on their age) that they be accompanied during the flight and during arrival at the destination.
The accompanying person must be requested at the time of booking. If the accompanying person was not requested at the time of booking, an additional surcharge must be paid at the airport per route and child.
The complete "UM" form must be submitted to the carrier at the latest a week before the date of travel.
The under-age child must be present in a timely manner at the airport at the airline check-in or boarding area.
b) Children less than 5 years old
Children less than 5 years old must be accompanied at all times by a person who is at least 18.
c) UM (5 to 11 years old)
Unaccompanied minor (UM): An accompanying person must be requested for children from 5 to 11 years old if they are not travelling in the company of a person who is at least 18.
d) YP (12 to 17 years old)
Young passenger (YP): An accompanying person may be requested for young passengers from 12 to 17 years old.
3.6 Babies less than 2 years of age (infants)
Children less than 2 years old do not require their own seat for round trip flights. They travel seated on an adult's lap. For safety reasons, a limited number of infants are allowed on board.
Strollers, folding buggies and (vehicle) infant seats are transported at no cost in the baggage compartment. Passengers have the option to bring one of these items with them to the airplane door. From there, they are loaded into the baggage compartment and, upon arrival, they are returned as quickly as possible while passengers are exiting the airplane. In other cases, the buggy or (vehicle) infant seat might have to be picked up with the other baggage at the baggage area in the airport. Note: A baggage tag must be attached to all of these items at check-in, even the item that is brought along to the airplane itself.
There are limitations with regard to the type and weight of the free baggage permitted. A fee shall be charged for excess weight.
4.1 Checked Baggage
The free baggage allowed per person is limited to the weight indicated on the ticket. The airline will charge a fee for excess weight at check-in. The maximum weight for a suitcase is 32 kg (max. length 80 cm, max. height 60 cm, max. width 25 cm, max. sum of all dimensions 158 cm). Each paying passenger is permitted 20 kg of baggage on short and mid-length routes with Jetairfly. Children less than 2 years old: 20 kg.
When flying with TUI Airlines Belgium NV, each paying passenger is allowed to bring 15 kg of baggage on short and mid-length routes and 20 kg on longer routes (Comfort Class: 30 kg). Children not yet 2 years of age: 15 kg of baggage on short and mid-length routes and 20 kg on longer routes.
The permitted amount of baggage always applies per person. Booking an extra seat, e.g. for comfort reasons, does not entitle the person to transport more baggage.
4.2 Excess Baggage
For flights with TUI Airlines Belgium NV (JAF) and Freebird Airlines, extra baggage can be booked in advance (in the period up to 2 days before departure, up to 20 kg extra baggage per person). Request information regarding the fixed prices for each weight category from the respective airline responsible for carriage.
4.3 Unchecked Baggage
Unchecked baggage is also subject to certain limitations.
For obvious safety reasons and also in consideration of passenger comfort, only one piece of unchecked baggage is allowed per passenger. You may keep your unchecked baggage with you during the trip. Unchecked baggage includes baggage with small dimensions (55 x 40 x 20 cm, max. sum of all dimensions 115 cm) with a maximum weight of 10 kg.
Unchecked baggage that exceeds the size and weight limits shall not be accepted at the boarding gate.
In some cases, extra unchecked baggage can still be transported in the baggage compartment for a surcharge.
Infants (less than 2 years old) are not entitled to bring unchecked baggage with them. See section 8.2.2 (Conditions of Transport: http://www.jetairfly.com/flug/reisebedingungen/de/) regarding the transport of strollers, folding buggies and (vehicle) infant seats.
4.4. Carriage of Pets
Travellers must have all of the necessary documentation with them with regard to transporting pets. Pets that are to accompany their owners on holiday in Europe must have a European travel passport (available from a veterinarian). This form is used in place of the international documentation that was previously required to prove that the animal has been vaccinated against rabies. The animal must be able to be identified with a chip or tattoo.
Some countries require additional documentation or a veterinary examination at the present location, e.g. with respect to rabies. Consult your veterinarian or see http://www.diplomatie.be
Pets are not allowed on transfer transportation from the airport to the destination (and vice versa).
4.4.1 General Information
Pets to be transported must be registered in advance. A limited number of small dogs and cats (1 per passenger, a maximum of 3 per flight, up to 8 kg, including carrier) are permitted for transport in the cabin. The pet must be transported in a closed, water-tight carrier. The carrier must be large enough to allow the animal to stand and the dimensions cannot exceed a total of 115 cm. Animals are permitted for transport in the cabin as long as they are at least 8 weeks old, are in a closed, hygienic and water-tight carrier and cannot disturb other passengers in any way. Female may not be pregnant. Larger animals are transported in a suitable, heated section of the cargo area. A securely closed, special carrier suitable for transportation with an aircraft is required for this purpose (maximum dimensions: 121 cm x 81 cm x 88 cm). Guide dogs are always permitted in the cabin, regardless of their weight (proper equipment is required) (*). However, the dog must be kept on a leash and wear a muzzle.
If animal transportation is not registered in advance, a surcharge (processing fees) per route and animal will be charged at the airport.
- No dogs or cats are permitted on routes to/from Cabo Verde.
- No dogs or cats are permitted in the cabin on longer routes.
- The following provisions apply only for flights with Jetairfly or Freebird (destination: Turkey). Because Freebird does not have a suitable cargo compartment, only small dogs and cats can be transported in the cabin.
4.5. Restricted baggage
Passengers are not permitted to bring certain items with them as baggage:
• Items which are not considered travel baggage;
• Items which are likely to endanger the aircraft, persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and in the regulations of the International Air Transport Association (IATA);
• Goods which are prohibited by the applicable laws or regulations of any State to be flown from or to;
• Items which are reasonably considered by the carrier to be unsuitable for carriage due to their size, weight or type (fragile or dangerous);
• Live animals, with the exception of dogs and cats.
• Cooking oils (max. 1/2 litre)
4.5.1 Prohibited Dangerous Goods
Dangerous goods are prohibited from transport. This list of goods is not exhaustive:
• Compressed gases
• Flammable materials
• Substances that contain oxygen such as peroxide or chlorinated lime
• Poisonous substances
• Radioactive material
• Corrosive substances
• Magnetic, dangerous, irritating and malodorous substances
In consideration of the international context and for safety reasons, passengers are also not allowed to bring items with them in their unchecked baggage that can constitute a hazard (scissors, knives, razor blades, batteries, etc.).
These items shall be confiscated at the safety checkpoint.
4.5.2 Hunting or Sporting Firearms
Passengers must check these items with their registered baggage.
• Hunting and sporting firearms are only accepted for carriage in the cargo compartment;
• The passenger must be able to present the necessary permits required in the countries flown from or to;
• The firearms must never be loaded;
• The firearms must be packed separately and stored in the cargo compartment;
• Transportation of ammunition is prohibited.
4.5.3 Souvenirs (protected animals and plants, antiques)
At least once everyone has tried - consciously or unconsciously - to bring something that is protected along as a souvenir: a necklace made of coral or ivory, a purse made of crocodile hide, a sea turtle shell, etc.
As of 1 June 1997, a European ruling regarding the international trade in threatened animal and plant species came into effect and applies for mammals (e.g. monkeys and tigers), birds (e.g. parrots), reptiles (e.g. sea turtles) and plants (e.g. wild orchids). For some species, sale or trade is prohibited and for others, a permit is required. If passengers violate these rules, they risk confiscation and high fines.
You can request a informational brochure about he respective European ruling from the Ministry for Agriculture and Small Business (Ministerium für Landwirtschaft und Mittelstand) by calling +32 2 208 36 96 (plants) and +32 2 208 36 67 (animals).
Antique items and art objects are also subject to export restrictions. Inform yourself in detail in this respect before bringing these items along on a flight.
4.6 Damaged or Lost Baggage
International contracts limit the liability of travel companies and carriers in the case of damaged or lost baggage.
For each piece of baggage that you check, you receive a numbered claim tag. Keep these in a safe place. In case your baggage is damaged, not delivered or lost, you must file a report with the local airport service. This report requires the numbered claim tag(s). To search for baggage, you must fill out a PIR (Property Irregularity Report) at the 'Lost & Found' (lost baggage) counter at the airport. The same applies for damaged baggage (DBR or Damaged Baggage Report). Without these documents you cannot receive compensation.
The carrier is not responsible for damage to or loss, destruction or delay of:
• Items that are prohibited from transport;
• Items that are not carefully packed;
• Items that were checked in with a "Limited Release Tag";
• Valuable items, spoiled goods, fragile items or items that were already damaged.
The carrier does not accept any liability for slight damage to the outside of the baggage (such as scratches, spots, dents, etc.) or water damage to baggage that is not waterproof.
4.6.1 Normal Baggage
If the Montreal Convention is applicable, the maximum compensation is 1,131 "special drawing rights" per person (1 SDR = EUR 1.1218 (+/- 12.46 MAD) dd. 16 June 2011) in case of destruction, damage to, loss or delay of baggage. In accordance with the Warsaw Convention, depending on the weight, the compensation rate is EUR 20 (+/- 222 MAD) per kilogram. In consideration of the low compensation in the latter case, baggage insurance such as that offered by Jetairfly.com is recommended. See the section on "Insurance".
4.6.2 Greater Limits for Baggage
A greater liability limit can apply if the passenger submits a special declaration before boarding the aircraft and has paid an additional fee. For the applicable fee, ask the Jetair representative or the boarding personnel at the airport.
4.6.3 Special Baggage
Special baggage such as buggies, bicycles, sporting equipment, etc., including everything that cannot fit in a suitcase of normal dimensions (max. length 80 cm, max. height 60 cm, max. width 25 cm, max. sum of all dimensions 158 cm), is carried at the passenger's own risk.
You can insure these items for a small fee. For the applicable fee, ask the Jetair representative or the boarding personnel at the airport.
A passenger can be refused access to the airplane for the respective and for future flights due to improper behaviour.
5.1. General Information
Jetairfly.com and/or the airline are permitted to take any suitable measures if the passenger's behaviour
• endangers the safety of the airplane, the passengers or the goods on board;
• hinders the crew in the execution of their duties;
• significantly disturbs other passengers or the crew.
The carrier can refuse access to a specific flight or to all future flights. The respective passenger is also subject to prosecution.
5.2 Prohibited Use of Items on Board
The use of the following items is prohibited on board:
• mobile telephones
• mobile television devices
• mobile video and game devices
• radio receivers
• radio transmitters
• toys with remote control
• any electronic device for which it is not specified whether or not it can influence the aircraft's systems
• electronic games without remote control
• compact discs, cassette recorders
• mobile speech recognition equipment
The of laptop computers is not permitted during take-off and landing. As soon as cruising altitude is reached, the use of these computers is usually permitted.
5.3 Drunk and Aggressive Passengers
On board the aircraft, drinking alcoholic beverages that are brought along or purchased in a duty free shop is not permitted. On any airline, the captain is always entitled to make an independent decision to refuse drunk or aggressive passengers access to boarding the airplane or to remove these passengers from the airplane by making an intermediate stop. Any resulting damages and costs shall be assumed by the respective passenger(s).
All Jetairfly flights are completely non-smoking. (Electronic cigarettes are not allowed.) Information regarding flights with other airlines is available from Jetairfly.com.
The carrier is allowed to refuse carriage to a passenger and/or the passenger's baggage for the following reasons:
6.1 Right to Refuse Carriage
The carrier is allowed to refuse carriage to a passenger and/or the passenger's baggage if one of the following situations occurs, has occurred or probably will occur before or during the flight:
a) Based on the reasonable discretion of the carrier, refusal of carriage is necessary to comply with the applicable laws, ordinances or regulations of a state or country from which a flight departs, into which a flight arrives or over which a flight travels;
b) The behaviour or lack of behaviour of the passenger is such that there is doubt as to whether the safety of one or more persons, goods or the airplane itself can be guaranteed. This includes, among other behaviour: the use of threatening, offensive or abusive language or threatening ground personnel, the crew, other passengers or other people with aggression or violence;
c) The behaviour or the physical or mental state of the passenger is such (e.g. due to consuming alcohol or using drugs or medication) that he or she might represent an inconvenience, a danger or a risk to him- or herself, to other passengers, the crew, other people, goods, systems or the aircraft;
d) The passenger is actually, or based on all appearances, in possession of prohibited drugs;
e) At check-in for the flight or during flight connections or during another flight the passenger endangered public order and/or discipline and the carrier has reason to believe that the passenger will repeat this behaviour;
f) The immigration and/or customs agencies and/or other state agencies have informed the passenger (orally or in writing) that the passenger is not allowed to travel;
g) The passenger has refused to subject him- or herself to a safety check or has refused or is unable to identify him- or herself;
h) The passenger cannot prove that he or she is the person listed on the flight ticket;
i) The applicable flight price and/or the applicable fees, costs, taxes and duties have not been paid;
j) The passenger is not, or based on all appearances is not, in possession of valid travel documentation, is attempting or has attempted to enter a country when transiting through it, or does not have valid entry documentation upon arrival and entry into a country;
k) During the flight, the passenger has destroyed or has attempted to destroy his or her travel documentation, of which the carrier has made and kept copies, or has refused to surrender his or her travel documentation in exchange for a certificate of receipt when requested by the crew;
l) The passenger's travel documentation is expired, incomplete with respect to applicable regulations or appears fraudulent, counterfeit or questionable in some other way;
m) The flight ticket presented by the passenger is invalid, has been obtained illegally, is issued in another name, is counterfeit or has been reported lost or stolen;
o) At check-in or during boarding of the airplane it turns out that the passenger requires special assistance that was not requested in a timely manner when the flight was booked or that the carrier cannot afford;
p) The passenger has not followed the safety regulations and/or rules specified by the carrier or in the name of the carrier or another responsible state agency or security organization;
q) The passenger refuses to pay the fees for excess baggage or it is determined that the passenger is attempting to avoid the excess baggage fee;
In all of these cases (the list is not exhaustive), the carrier reserves the right to refuse carriage or further carriage to the passenger and to cancel the booking without any obligation to refund the price of the ticket.
The liability of TUIfly.com and Jetairfly is based on the provisions specified in the GTCC.
In the context of contract performance in accordance with federal German data protection law and other legal provisions, TUIfly.com and/or Jetairfly are authorized to collect, process and use personal data. The data are collected, processed, used and transmitted with the use of data processing systems in the context of the purpose of this contract. The data are processed and used for the following purposes in the context of the legal provisions: to make reservations, to purchase flight tickets, to purchase additional services and to process payments, to develop and provide services, to make entry processes and customs processes easier.
In the context of these purposes, TUIfly.com and/or Jetairfly are authorized to collect, save, modify, block, delete and use the data and to transmit the data to their own business divisions, to authorized representatives and to those who provide the services listed above by order of TUIfly.com and/or the actual air carrier. Furthermore, TUIfly.com and/or Jetairfly is authorized to transmit the passport information and the personal data processed and used in connection with carriage to domestic and foreign agencies (including agencies in the USA and Canada if the respective transmission request of the agency is made due to compulsory legal provisions and is therefore required to meet the conditions of the carriage contract.
TUIfly.com reserves the right to amend these STCC Jetairfly at any time such that the amendments come into effect at a later date without any obligation to inform the user of these changes. The respective, current version of the STCC Jetairfly shall be available on the website from the date it becomes effective. By continuing to use the website after the STCC Jetairfly are modified, users declare their consent to these changes.
No agency, employee or any other third party is entitled to make any amendments and/or addenda to the STCC Jetairfly or to waive their applicability.
The STCC Jetairfly contains all agreements 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 the STCC Jetairfly 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 business persons, persons who have no general legal domicile inside the country and persons who have transferred their residence or habitual abode to a place outside Germany after conclusion of the contract or whose residence or habitual abode is unknown when the lawsuit is filed, shall be Hanover (Germany). This legal venue agreement shall not apply within the substantive scope of the Warsaw Convention or the Montreal Convention.
TUIfly Vermarktungs GmbH
HRB 55840 / Court of registration: District Court of Hanover VAT No.: DE 171612631
Managing directors: Dr. Oliver Dörschuck, Olaf Petersenn