Stand: 12/02/2015  

BBB Nouvelair

Special Terms and Conditions of Carriage

Special terms and conditions of TUIfly Vermarktungs GmbH in the capacity of Contracting Carrier for Carriage executed by Nouvelair as Actual Carrier

1. Scope of application

1.1
These Special Terms and Conditions of Carriage (“STCC Nouvelair”) apply to all flights and other services for which a contract has been concluded with TUIfly Vermarktungs GmbH (hereinafter referred to as “TUI fly”) with reference to the General Terms and Conditions of Carriage of TUI fly (hereinafter referred to as “GTCC”) and which are executed by the Nouvelair public limited company (hereinafter referred to as “Nouvelair”) or its legal representatives.
1.2
TUI fly is the contracting carrier as defined in legislation governing carriage by air and the party to the contract with the passenger. TUI fly will have the carriage to which the passenger is entitled handled by Nouvelair. Nouvelair is the actual carrier as defined in legislation governing carriage by air.
1.3
In addition to these STCC Nouvelair, the GTCC of TUI fly also apply. In case of conflict between these STCC Nouvelair and the GTCC, the GTCC shall take precedence.

2. Contacting TUI fly and Nouvelair

2.1
TUI fly can be contacted at the following address:

 

TUIfly Vermarktungs GmbH
Karl-Wiechert-Allee 23
30625 Hanover
Germany

2.2
All messages that are to be communicated directly to Nouvelair are handled by the Nouvelair Service Center,

which can be contacted as follows:
Tel.: (+216) 73 52 04 50
Email: call.center@nouvelair.com.tn and reservation@nouvelair.com.tn

2.3
Nouvelair can be contacted at the following address:

Nouvelair Tunesie
Zone Touristique Dkhila
5065 Monastir – Tunisia
Tel.: (+216) 73 52 06 00
Fax: (+216) 73 52 06 50
Email: info@nouvelair.com.tn

Website: http://www.nouvelair.com/de

 

 

3. Carriage of passengers and special services and registration

Carriage of expectant mothers
In order to ensure the health and well-being of the mother and child, the following rules apply:
After the 28th week of pregnancy without complications:
request a written report from your midwife or doctor (dated no earlier than two weeks before the flight) that confirms that your condition allows you to fly.
Present this report when checking in at the airport and/or at the boarding gate.

The report must include the following:
- A confirmation that you have not had any complications during your pregnancy.
- The predicted date of birth.
- A confirmation that you are in good health and that your condition allows you to fly.

NOUVELAIR reserves the right to refuse permission to board to any passenger who has been pregnant for more than 28 weeks and who does not present this report.
For pregnancies without complications, carriage shall be refused:
- After the 32nd week of the pregnancy if the mother is expecting twins or triplets.
- After the 36th week of a pregnancy without complications in which one child is expected.

Carriage of new-born infants
Due to the physical effects of flying at high altitudes, a child must be at least eight days old in order to be permitted to fly on one of our flights.
Request that your doctor prepare a report regarding your child that states that the child’s condition allows him or her to fly.
Likewise, the mother of the child is not permitted to fly until 48 hours after the birth, and then only if there were no complications or surgical procedures during the birth. This period is extended to ten days if the mother had a Caesarean delivery or underwent a surgical procedure. This decision depends on the permission given by the attending physician.

Sick passengers
Any sick passengers shall be admitted to board a flight only if they present a physician's report containing the expression "the person is fit to travel by air". Passengers may obtain such reports either from their own physicians or the physician serving at the airport. The report must be written in English.
Any passengers with any infectious /contagious disease shall not be admitted to any flight. Such passengers may travel only if they present a physician's report stating that such disease is no longer of infectious/contagious nature.

The following conditions describe situations in which a passenger must be accompanied:

All passengers must be able to act on their own behalf in the categories defined below. If this is not the case, the particular passenger must be accompanied by an authorised person 16 years of age or older who is able to provide the required assistance.
- The passenger must be able to use the toilet without assistance.
- The passenger must be able to eat and drink without assistance.
- The passenger must be able to take medication and take care of him- or herself without assistance.

The following are also included here:
- Anyone who suffers from a mental disorder and is not able to understand or react appropriately to the safety instructions given by the NOUVELAIR crew.
- Anyone who can neither hear nor speak and cannot communicate with the NOUVELAIR crew in order to comply with the safety instructions.
Passengers in one of these categories must inform NOUVELAIR, at the time of booking if possible, either online or by telephone at the number for NOUVELAIR special assistance at +216 73520 450.
Passengers in these categories must be accompanied on the flight (by an authorised person who is 16 years of age or older). Accompanying passengers must pay the corresponding flight price at the time of booking.

Passengers with limited mobility
Passengers with limited mobility can book special assistance at our NOUVELAIR website or by telephone at the number for special assistance at +216 73520 450.

For safety reasons, only four passengers per flight may have disabilities or limited mobility or suffer from sensory deprivation or have physical limitations.
The number of such passengers is limited due to safety considerations for all passengers, including those with disabilities or limited mobility, particularly in the case that an emergency evacuation is necessary.

Passengers with limited mobility who have notified the airline in advance regarding their disabilities must be at the boarding gate at least 30 minutes before departure. You will board the aircraft as soon as general boarding is completed and you will have seat(s) reserved especially for you on board.

At most airports you are allowed to board the aircraft in our own wheelchair.
However, at some airports passengers are not permitted to board the aircraft in their electronically operated wheelchairs. In this case, you must check your wheelchair. You will be brought to the boarding gate in one of the airport’s wheelchairs. Wheelchairs, electric vehicles and walkers are transported at no charge.

Special medical baggage

Special medical devices, e.g. portable oxygen tanks, that meet NOUVELAIR requirements are allowed on board during the flight. Certain other medical devices (respirators, portable dialysis equipment) are allowed on board, but their use is not permitted.
If you wish to bring medical devices with you on board or if you need to use medical equipment during the flight, we recommend that you contact us either at the NOUVELAIR email address for special assistance (reservation@nouvelair.com.tn) or by telephone at +216 73 520 450. Then we can determine whether or not your request can be approved and we can make sure that the respective device be permitted.

Carriage of mortal remains or human ashes
NOUVELAIR does not allow the transportation of mortal remains.
Transportation of human ashes is permitted in carry-on baggage (in addition to the one piece normally allowed). To do so, the passenger must present a copy of the death certificate and a confirmation from the crematorium. The passenger must ensure that that the ashes are transported in a suitable container with a screw-type closure which is protected against damage.
Please note that the safety personnel at the airport may carry out additional checks.

Passengers who intend to transport ashes are asked to contact the NOUVELAIR department for special assistance at +216 73 520 450 or to communicate your request by email (reservation@nouvelair.com.tn) so that we can inform all of the employees at the respective locations.

4. Carriage of animals

Carriage of pets
Pets are not permitted for transport. (Any visually impaired passengers may travel with their trained and certified dogs in the cabin.) For permission to travel with your guide dog, contact us at the email address for NOUVELAIR’s special assistance (reservation@nouvelair.com.tn) or by telephone at +216 73 520 450.

5. Carriage of baggage

5.1 Free baggage allowance

A fee is required for the transportation of baggage that exceeds the applicable free baggage allowance of 20 kg.The additional fee for excess baggage shall be calculated per kilogram according to current Nouvelair fare conditions. For the allowed 20 kg of baggage, another 2 kg is permitted at no cost. We do not have a waiver for higher weights.

Children who are two years old and younger have an allowance of 10 kg of free baggage plus a buggy and car seat.

One or more pieces of baggage can be checked together for a single family. The entire weight of the baggage to be checked is registered and divided by the number of family members. The limit of 20 kg per person cannot be exceeded.

For safety reasons and in the general interest of others, Nouvelair does not accept any single piece of baggage for transport that weighs more than 20 kg or with dimensions greater than 81 cm (height) x 11 cm (width) x 119 cm (depth). The weight limit does not apply for assistance equipment for those with limited mobility.

5.2 Carry-on baggage
Carry-on baggage to be brought into the cabin must not weigh more than 5 kg.

Rules for liquids in carry-on baggage
Liquids, gels and aerosols must be in containers with a volume of 100 ml or less. As of 1 March, 2012, in accordance with international regulations, these containers must be enclosed in a 1 l bag.
Each passenger is allowed to bring only one bag. Transparent plastic bags with a volume of 1 l (approx. 20 cm x 20 cm) are suitable for this purpose.

These rules do not apply to checked baggage.

Limited items
• All liquids, including water, syrup and alcoholic beverages;
• Cremes, lotions, oils (including cosmetic oils), perfume, make-up (including mascara, but not solid lipsticks);
• Shaving cream, deodorant;
• All pastes, including toothpaste;
• Foods such as marmalade, honey, yoghurt, molasses and sauces that are not completely solid;
• Contact lens solutions;
• Shampoo and other similar items.

Exceptions
Medications (must be accompanied by the original packaging, information leaflet and medical certificate), baby food (the child must be flying along; amount is limited to that which the child will eat during the flight).

Attention: In certain circumstances the safety personnel can request an explanation for these exceptions or test/try the medication/liquid/baby food.
Conditions of carriage with respect to products purchased in duty-free shops
All products purchased in duty-free shops or on board are packaged by the person responsible for the sale together with the receipt in a special, sealed bag. This bag and the respective receipt are permitted for transport only after it has gone through the safety control at the checkpoint. If you have to change planes on your way to your destination, it is extremely important that you do not open the special bag you received from the duty-free shop or on board until you arrive at your destination. More information regarding the rules for liquids that apply at airports where you might change planes is available in the duty-free shop.
For safety reasons and for a trouble-free flight it is important to observe the rules for liquids in carry-on baggage.

If you notice that your baggage has been damage or lost, before you leave the secured area you must report it to the respective local office and have a report written. Otherwise, you are responsible for the damaged or lost baggage.

6. On board safety rules

6.1
The carriage of the following items is not permitted on board or in the Nouvelair cargo area:

Weapon, firearms and replicas thereof:

Any types of weapons, firearms, replicas of firearms, parts of firearms (e.g. any types of toy pistols or rifles, revolvers, rifles, industrial rifle mechanisms, bolt and nail guns, cross bows, slings or catapults, harpoons and harpoon launchers, stun or electrical shocking devices, lighters shaped like a firearm, etc.)

Pointed and/or sharp weapons and sharp objects, e.g.:

Axes, hatchets, arrows, javelins, climbing equipment (harpoon-shaped, bent iron rods or spikes used for mountain climbing), harpoons and spears, ice picks, ice skates, knives (with any blade length), religious or ceremonial knives as well as hunting knives made of metal or any other hard material, meat cleavers, machetes, razors and razor blades (except for electric shavers and disposable razors), sabres, swords and swordsticks, scalpels, scissors, knife blades (of any length), ski and walking/hiking poles, throwing stars, sharp and/or pointed tools (e.g. drills, bits for drills, wallpaper or carpet knives (utility knives), saws, screwdrivers, crow bars, hammers, wire cutters, spanners or pliers, blow torches, etc.)

Any item that can be used to fire a projectile or an object that causes injury or blunt objects that can cause injury, e.g.:

Tennis racquets, baseball, cricket and softball bats, clubs in general, rigid or flexible, golf clubs, hockey, hurling or lacrosse sticks, paddles, skateboards, snooker or pool cues, fishing rods, martial arts equipment (brass knuckles, batons, sticks, flails, nunchakus, kubotans, etc.)

Explosive and flammable substances, e.g.:

Ammunition, blasting caps, detonators, fuses, explosive substances and explosive devices, replicas or imitations of explosive materials or devices, mines and other explosive military devices, all types of hand grenades, gases (such as butane, propane, acetylene and oxygen) and their containers, fireworks, flares of all kinds and other pyrotechnics, non-safety matches, smoke canisters or cartridges, flammable liquid fuels (petrol/gasoline, diesel, lighter gas and fuel, alcohol, ethanol), aerosols, turpentine, thinning agents, alcoholic beverages exceeding 70 % by volume (140 proof).

Chemical and toxic substances, e.g.:

Acids and alkaline solutions (e.g. batteries and electrolyte batteries, corrosive substances and bleaching agents (mercury, chlorine, etc.), disabling or incapacitating sprays (mace, pepper spray, tear gas), radioactive material (such as medicinal or commercial isotopes), poisons, infectious or biologically hazardous materials (such as infected blood, bacteria and viruses), flammable materials which can self-ignite, fire extinguishers.

6.2 Electronic devices on board

Passengers are allowed to use the following electronic devices as soon as the aircraft has reached cruising altitude and the warning light for fastening seat belts has been turned off.

Permitted devices:
- Laptops
- iPods
- E-book readers
- CD players
- mp3 players
- Portable DVD players
- Digital notebooks and palm devices that are not online
- Digital voice recorders

You are not allowed to use your mobile phone for the duration of the flight because it affects the navigation system.

6.3 Smoking
Smoking is prohibited on NOUVELAIR flights. All of the airplanes have smoke detectors that monitor compliance with this rule. Any violation of this rule can result in prosecution. The consequences can include a fine payable to NOUVELAIR and exclusion from flights with NOUVELAIR aircraft.

7. Liability

The liability of TUI fly and Nouvelair is based on the regulations of the GTCC.

8. Privacy and data security

TUI fly and/or Nouvelair 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, purchasing a ticket, purchasing additional services and handling payment transactions; developing and providing services, facilitating entry and customs clearance procedures.

TUI fly and/or Nouvelair are authorised to capture, save, modify, block, delete and use the data for these purposes and to transmit it to their own branch offices, authorised representatives and to the parties who provide the above services on behalf of TUI fly and/or the actual carrier. TUI fly and/or Nouvelair 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 respective 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.

 

 

9. Modifications

9.1
TUI fly reserves the right to amend these STCC Nouvelair at any time with effect for the future without obligation to notify the user. The STCC Nouvelair as amended from time to time are published on the website as from the date on which they come into force. By continuing to use the website after amendment of the STCC Nouvelair, the user declares his or her consent to the amendments.

9.2
No agency, employee or any other third party is entitled to make any amendments and/or addenda to these STCC Nouvelair or to waive their applicability.

10. Verbal agreements

These STCC Nouvelair 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 Nouvelair and the GTCC, the GTCC shall take precedence.

11. Invalidity of one or more provisions

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.

12. Applicable law and place of jurisdiction

The contractual relationship between the passenger and TUI fly shall be governed by the laws of the Federal Republic of Germany, irrespective of the passenger’s nationality. Legal venue for registered traders, persons who have no general legal domicile inside the country and persons who have transferred their residence or habitual abode to a place outside Germany after conclusion of the contract, or whose residence or habitual abode is unknown when the lawsuit is filed, shall be Hanover (Germany). This legal venue provision shall not apply within the substantive scope of the Warsaw Convention or the Montreal Convention.
User:
TUIfly Vermarktungs GmbH
Karl-Wiechert-Allee 23
30625 Hanover
Germany
Registration No.: HRB 55840 / Court of Registration: Local district court Hanover
VAT No.: DE 171612631
Executive director: Olaf Petersenn, Stefan Baumert

Version as of 04.02.2015

Stand: 12/02/2015   nach oben