Stand: 05/02/2018  

STCC Tunisair

Special Terms and Conditions of Carriage

Special Terms and Conditions of Carriage of TUIfly Vermarktungs GmbH (hereinafter referred to as TUI fly Flight Portal) for air carriage handled by Tunisair (hereinafter Tunisair)

1. Scope of application

1.1
These Special Terms and Conditions of Carriage (STCC Tunisair) apply to all contracts for the carriage of passengers and baggage, including the related services, which are entered into with TUIfly Vermarktungs GmbH, Karl-Wiechert-Allee 23, 30625 Hanover, Germany, based on the GTC, and for which the carriage is provided by Tunisair (referred to in the following as Tunisair) and/or their agents (Tunisair and its agents are referred to in the following as “actual carrier”). These STCC Tunisair also apply for carriage provided at no cost, unless expressly agreed otherwise.

1.2
TUI fly Flight Portal is the contracting carrier as defined in legislation governing carriage by air and the party to the contract with the passenger. TUI fly Flight Portal shall have the carriage to which the passenger is entitled handled by Tunisair. Tunisair is the actual carrier as defined in legislation governing carriage by air.

1.3
In addition to these Tunisair STCC, the GTCC of the TUI fly Flight Portal also apply. In case of conflict between these Tunisair STCC and the GTCC, the GTCC shall take precedence.

2. Contacting TUI fly Flight Portal and Tunisair

2.1
TUI fly Flight Portal can be contacted at the following address:
TUIfly Vermarktungs GmbH
Karl-Wiechert-Allee 23
30625 Hanover
Germany

2.2
Tunisair can be contacted directly through the Tunisair Service Center using the following information:

Tunisair Deutschland Phone: 069 27100110
Email: Callcenter@tunisair.com.tn

Internet: http://www.tunisair.com

Contact

Call Center:
- For scheduled flights departing from Munich: +49 (0)89 5956 -53/-54
- For scheduled flights departing from Düsseldorf: +49 (0)211 32309 -16/-17/-18
- For scheduled flights departing from Frankfurt, Hamburg, Berlin: +49 (0)69 / 27 1001-10/-11/-12

For special reservations that require notification (UM, special meals, assistance for boarding and deplaning, animals, firearms, etc.) please contact the following addresses:
- For scheduled flights departing from Munich: muenchen@tunisair.de
- For scheduled flights departing from Düsseldorf: duesseldorf@tunisair.de
- For scheduled flights departing from Frankfurt, Hamburg, Berlin: specialcases.tu@tunisair.de

 

3. Additional services

Current fees for additional services that can be booked directly through Tunisair can be requested from Tunisair (for contact information, see section 2.2).

4. Tickets

4.1 General Information

4.1.1.1 Tunisair shall provide carriage only to the passenger named in the electronic ticket. The passenger is required to present an appropriate identification document.
In this contract, an “electronic ticket” is an electronic entry or flight coupon located in the Tunisair reservation system for the purpose of recording a flight booking for which the air carrier or its authorized agent has issued an electronic ticket. This electronic ticket includes these conditions of carriage.

“Air carrier” indicates any air carrier that provides carriage to the passenger and/or the passenger’s baggage or provides other related services.

“Carriage” is equivalent to “transport” and is subject to the provisions and limitations with respect to liability as specified in the Warsaw Convention and the Montreal Convention, unless such carriage is not recognized as “international” in accordance with the determination of these conventions. As far as the following do not contradict the previously specified conditions, carriage and the services provided by the air carrier are subject to:

(i) the provisions listed in the electronic ticket;
(ii) the applicable fare; and
(iii) the conditions of carriage of the air carrier and the associated regulations (which are available by request from the Tunisair Service Center or on the web site (for contact information, see section 2.2)

4.1.1.2 Ticket as evidence of a contract
Tunisair shall provide carriage only to the passenger named in the electronic ticket. The passenger is required to present an appropriate identification document. Carriage shall be provided only for those persons in possession of a valid booking confirmation (called a “ticket” in the Warsaw Convention and the Montreal Convention), provided that each passenger is named as a passenger in the booking confirmation.

4.1.2 Tickets are not transferable:
a) If a ticket is presented for a passenger who is not entitled to carriage, the air carrier does not accept any liability with regard to the entitled person if the air carrier provides carriage or a refund in good faith to that person.
b) The air carrier reserves the right to require a passenger to present identification.

4.1.3 The ticket is, and remains at all times, the property of the issuing carrier. The ticket is equivalent to evidence of a contract for carriage concluded between Tunisair and the passenger. The contractual conditions contained in the ticket constitute a summary of the provisions of these conditions of carriage.

4.1.4 The electronic ticket purchased by the passenger is only valid for the transport of the passenger named in the ticket from the airport of departure to the final destination on the specified date with the specified flight number. Passengers who wish to make changes to the transportation are instructed to contact the TUI fly Flight Portal Service Center prior to the flight (for contact information, see section 2.1).

4.2 Name and address of the air carrier
The name Tunisair may be abbreviated to our Airline Designator Code, or otherwise, on the ticket. The contact information for Tunisair can be found in these conditions of carriage (see section 2.2).

5. Booking

5.1 Requirements for booking

5.1.1 The booking is taken by the TUI fly Flight Portal or its authorized agent and confirmed in writing.

5.1.2 If the passenger suffers an illness or other infirmity for which the passenger requires the assistance of a physician or other assistance to board and deplane, or otherwise during the flight, (e.g. the circumstances described in sections 7.2 and 7.3), the passenger must inform the TUI fly Flight Portal Service Center at the time the booking is made. If the passenger flies to or departs from certain countries, local laws may indicate that the passenger is not required to comply with the provisions in section 5.1.2.
 The passenger should ask the TUI fly Service Center how these requirements differ.

5.2 Period for purchasing the ticket
If the passenger has not paid for the ticket within the period agreed with Tunisair or its authorized agent, Tunisair can cancel the flight booking.

5.3 Personal information
Passengers acknowledge that Tunisair makes their personal information available for the following purposes: making a reservation, purchasing tickets, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures by providing data in connection with travel. The passenger authorizes Tunisair to store and use this data for these purposes and to transfer it to Tunisair offices, authorized agents, authorities, other air carriers or providers of the services listed above.

5.4 Seats
Tunisair shall make efforts to take seat reservations in advance. However, Tunisair cannot guarantee specific seat assignments. Tunisair is entitled to assign new seats at any time, even after passengers have boarded the plane. This may be required for justifiable reasons, including, but not limited to, operation and safety.

6. Check-in and boarding

6.1 Each airport has its own check-in deadlines. Tunisair recommends that passengers inform themselves in this regard and comply with the deadlines. The journey is smoother if passengers allow themselves ample time for complying with check-in deadlines. If a passenger does not comply with the check-in time, Tunisair is entitled to cancel the booking. Tunisair or its authorized agents shall inform passengers regarding the check-in deadlines for flights with Tunisair. In addition, this information can be found on the Tunisair flight schedule or web site.

6.2 Passengers must arrive at the boarding gate at the latest by the time specified at check-in.

6.3 If the passenger does not arrive on time for boarding, Tunisair can cancel the seat reservation and unload the checked baggage.

6.4 The passenger alone is responsible for procuring the travel documents and visas required for the trip. In addition, passengers must follow all regulations, laws and requirements of the countries flown over or countries of arrival or departure. Tunisair is not liable for the consequences resulting from the failure to obtain the necessary documents or from not complying with the respectively relevant laws, requirements, regulations, rules or instructions, whether oral or in writing.

6.5 The passenger is subject to all safety checks in accordance with the applicable regulations at the airport of departure.

7. Limitation and refusal of carriage

7.1 Right to refuse carriage
7.1.1 At its discretion, Tunisair can refuse carriage to a passenger and/or a passenger’s baggage if Tunisair notified the passenger in advance in writing that Tunisair shall no longer transport the passenger on Tunisair flights as of the time of the notification. In this case, Tunisair does not accept any liability, but the passenger is entitled to a refund of the fare.

7.1.2 Furthermore, Tunisair is permitted to refuse the carriage of a passenger or baggage (without advance notice) on any flight (even if the passenger has a valid ticket and boarding pass), if one or more of the following events or circumstances have occurred or if Tunisair has reason to assume that they could occur:

7.1.2.1 The measure is required to comply with relevant laws, ordinances or instructions;

7.1.2.2 Transporting the passenger or the baggage can significantly compromise or limit the safety, health or well-being of other passengers or the crew;

7.1.2.3 The mental or physical condition of the passenger, e.g. due to the consumption of alcohol or drugs, represents a risk to him or her, to passengers, to the crew or the aircraft or other property;

7.1.2.4 Tunisair believes that the mental or physical state of the passenger, including the effects of alcohol or drug consumption, will likely cause a significant nuisance or inconvenience for other passengers on board if Tunisair allows the passenger to fly in the travel class assigned to or booked by the passenger;

7.1.2.5 The passenger has refused to subject him or herself or his or her baggage to a security check, or the passenger did not provide satisfactory responses to the security questions during the check, or the passenger did not pass the evaluation or analysis of the security profile, or the passenger damaged or removed the official security seal from the baggage or the security label from the boarding pass;

7.1.2.6 The passenger has not paid the applicable fare, taxes, charges or fees in full.

7.1.2.7 The passenger does not seem to be in possession of valid travel documents, or they were not procured in a timely manner, or the passenger does not meet the required visa provisions in the opinion of Tunisair;
The passenger wants to enter a country where he or she is only entitled to transit through, or does not have valid entry documentation (or the passenger does not meet visa requirements); the passenger destroys his or her travel documents during the flight or between check-in and boarding, or the passenger refuses to submit them to the crew in exchange for a receipt, or the passenger does not allow Tunisair to make a copy of the travel documents;

7.1.2.8 The passenger presents a ticket that has been purchased illegally, was not purchased from Tunisair or one of its authorized agents, was reported as lost or stolen, or is counterfeit, or the passenger cannot provide identification demonstrating that he or she is the person named in the ticket;

7.1.2.9 The passenger presents a ticket that was issued by neither Tunisair nor one of its authorized agents, or that was modified or is damaged;

7.1.2.10 The passenger does not follow the Tunisair safety instructions either before boarding or on board the aircraft or the instructions of the ground personnel or the crew or interferes with the implementation of their duties. The passenger tampers with the aircraft, its equipment or any part of either, or the passenger threatens to do so;
7.1.2.11 On a previous flight, the passenger’s behaviour was contrary to rules and there is reason to assume that this behaviour will be repeated;

7.1.2.12 The passenger committed one of the violations listed above on a previous flight and there is reason to believe that the passenger will repeat this action;

7.1.2.13 The passenger commits a crime during check-in, boarding or disembarking, or on board the aircraft before take-off or while using a Tunisair service;

7.1.2.14 The passenger issues threats, insults or abuse, bothers others, uses obscene language or threatens, insults or abuses the ground personnel or the crew before or while boarding or disembarking from the aircraft or on board the aircraft before take-off;

7.1.2.15 The passenger does not follow Tunisair instructions associated with the safety or well-being of other passengers (e.g. related to seat assignment, storage of carry-on baggage, smoking, consumption of alcohol or drugs, use of electronic equipment, including mobile telephones, laptop computers, PDAs (mini-computers), portable recorders, portable radios, CD, DVD and MP3 players, electronic games and transmission devices), or the passenger causes disruption or a disturbance on board;

7.1.2.16 The passenger issues or tries to issue a false bomb threat, hijacking threat, or other security threat (or appears to issue such a threat);

7.1.2.17 Tunisair has been informed (verbally and in writing) by the immigration office or other authorities of the country into or through which the passenger wants to travel or where the passenger has planned a stopover that the passenger has been refused entry into this country, even if the passenger has valid travel documents;

7.1.2.18 The passenger has forgotten or refuses to provide Tunisair with information that the passenger has, and which a state authority has requested Tunisair to provide, by law, regarding the passenger, or Tunisair has the impression that the information provided by the passenger is false or misleading;

7.1.2.19 The passenger is incapable of flying from a medical perspective;

7.1.2.20 The passenger is illegally in possession of drugs or Tunisair has sufficient reason to assume so.

 7.1  Special assistance
Carriage of children travelling alone, pregnant women, or passengers who are ill or require special assistance must be agreed in advance with Tunisair (for contact information, see section 2.2). For handicapped passengers who have informed Tunisair at the time of booking regarding their special needs and who have been accepted by Tunisair for travel, Tunisair is not permitted to refuse carriage retroactively due to their disabilities or special needs.

 7.2  Carriage of children
The transportation of children from 2 to 11 years of age is only permitted when certain requirements are met. Depending on the age of the child, the transportation of children travelling alone must be registered in advance. Infants up to 5 years of age are not permitted to travel alone. Children from 5 to 11 years of age are not permitted to travel alone. In this case, Tunisair offers a special escort service. Please book this service directly with Tunisair when booking the flight (for contact information, see section 2.2). In addition to the fare, an escort fee shall charged per route.
Requirements for the transportation of children travelling alone are available from Tunisair (for contact information, see section 2.2).

 7.3  Ability to fly
 7.3.1
 Before passengers board the aircraft, they must be medically capable of flying. A medical examination is not required unless the passenger has reason to believe or could reasonably be expected to know that he or she has an illness that a normal flight could exacerbate or cause the passenger problems if he or she does not receive medical treatment during the flight. If this is the case, the passenger is obligated to obtain professional medical consultation before the flight and to submit a medical report authored by a sufficiently qualified physician that confirms the passenger’s ability to fly on all of the booked routes. The report must be submitted to Tunisair by 48 hours before the flight at the latest.
If the passenger flies to or departs from certain countries, local laws may indicate that the passenger is not required to comply with the provisions in section 7.4. The passenger should ask Tunisair how these requirements differ (for contact information, see section 2.2).

 7.3.2  Pregnant women are allowed to fly with Tunisair up until the end of the 6th month of their pregnancy. After this point and up until the end of the 8th month, pregnant women need to provide a medical certificate confirming their fitness to travel, which also includes the expected date of birth and was issued within 7 days before departure. In the 9th month of pregnancy, women are no longer allowed to fly with Tunisair.

 7.3.3  If the passenger becomes ill for any reason during the flight (with the exception of reasons for which Tunisair or its authorized agents are responsible) or due to pregnancy, the passenger must reimburse any costs incurred by Tunisair due to treatment on board the aircraft, ground transportation or treatment by third parties.

8. Baggage

8.1  Free baggage
Passengers can bring a limited amount of free baggage along. The free baggage allowance is listed in the electronic ticket.

 8.2  Excess baggage
Passengers shall be required to pay an additional fee for carriage of baggage in excess of the free baggage allowance. The applicable charges for excess baggage can be requested from Tunisair (for contact information, see section 2.2). In order to transport more than 23 kg of excess baggage and/or bulky items (such as bicycles or wheelchairs), passengers must inform Tunisair in advance (for contact information, see section 2.2). If the passenger does not inform Tunisair in advance, Tunisair reserves the right to refuse carriage of the excess baggage and/or bulky items. Excess baggage that the passenger wants to transport as air cargo must be checked in at least 24 hours before regular check-in at the airport.

 8.3  Items unacceptable as baggage

 8.3.1  The following items are not permitted for transport in passenger baggage:

 8.3.1.1  Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in the Tunisair regulations (further information is available from Tunisair on request (for contact information, see section 2.2);

 8.3.1.2  Items, the carriage of which, is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;

 8.3.1.3  Items which are reasonably considered by Tunisair to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable in connection with, among other things, the type of aircraft being used. Passengers can request information regarding items unsuitable for transport (for contact information, see section 2.2).

 8.3.2  The following items are not permitted in carry-on baggage:
Firearms that are real, replicas or toys (made of plastic or metal) or objects that look like firearms or may reasonably assumed to be firearms; tools used in the trades; ammunition, blasting caps, ignition devices, grenades, gas and gas containers (e.g. butane, propane, acetylene, oxygen), explosives or any item that contains explosive substances, catapults, crossbows, harpoons, lance-type weapons, shocking devices (e.g. cattle prods), ballistic or conducted energy weapons (taser), lighters that look like firearms, fireworks, signal rockets and other pyrotechnical devices (including small fireworks, firecrackers and toy caps), matches (that are not safety matches), smoke generating canisters or cartridges, flammable liquid fuel (e.g. petrol/gasoline, diesel, lighter fluid, alcohol, ethanol, spray paint, turpentine and paint thinner), alcoholic beverages with more than 70% vol., acids and alkalis (e.g. spillable ‘wet’ batteries), corrosive or bleaching substances (e.g. mercury, chlorine), disabling or incapacitating sprays (e.g. pepper spray, tear gas), radioactive material (e.g. medicinal or commercial isotopes), poisons, infectious or biological hazardous material (e.g. infected blood, bacteria and viruses), material capable of spontaneous ignition or combustion, fire extinguishers, arrows, tableware, scissors, corkscrews, nail files, knives with blades of any length, knitting needles, letter openers, batons or clubs, razor blades (excluding safety blades enclosed in cartridges), billiard, snooker or pool cues, injection needles (unless they are required for medical purposes and a medical certificate with the confirmation of the illness has been submitted), hard sporting balls or martial arts equipment.

 8.3.3  Firearms (actual, replica and toy firearms), air pistols, firearm parts and ammunition that are not being transported for hunting or sporting purposes are excluded from carriage as baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as checked baggage at our own discretion. The firearms must be unloaded with the safety catch on and packed securely in a case intended for this purpose. The carriage of ammunition is subject to ICAO and IATA regulations as specified in 8.3.1.1.

 8.3.4  Firearms, such as antique guns, swords, knives and similar items can be permitted as checked baggage at our discretion. However, these firearms are not allowed in the aircraft cabin. Such items shall be given to airport security personnel, who shall return them to the respective passengers.

 8.3.5  The following items are not allowed in checked baggage: money, jewellery, precious metals, personal electronic devices, stored data or medications or medical equipment that are needed during your flight or that cannot be quickly replaced in case of loss or damage, house or vehicle keys, negotiable documents, transferable securities, effects or other valuable items or documents, business documentation, passports or other identification documents or samples.

 8.3.6  According to the “Technical Instructions for the Safe Transport of Dangerous Goods by Air” Issue 2015 – 2016 by the International Civil Aviation Organization (ICAO), e-cigarettes and other electronic, battery-powered smoking accessories are no longer permitted for transport in checked baggage. In addition, it is prohibited for passengers or crew members to load batteries while on board.

 8.3.7  However, if a passenger does have any of the items listed in sections 8.3.1, 8.3.2, 8.3.3, 8.3.4, 8.3.5 or 8.3.6 in his or her baggage, Tunisair is not liable for the loss of or damage to such items.

 8.3.8  It is recommended that passengers not carry fragile or perishable objects in their checked baggage.

 8.4  Right to refuse carriage

 8.4.1  In accordance with section 8.3.2 and 8.3.3, Tunisair shall refuse to transport baggage that contains items such as those in section 8.3. Furthermore, when such items are discovered, Tunisair is allowed to refuse to transport them, regardless of when or if the items are discovered or information is obtained regarding them.

 8.4.2  Tunisair is allowed to refuse to transport any piece of baggage that Tunisair deems to be unsuitable for transport based on its size, shape, weight, appearance, contents or type, or for reasons of safety or the well-being of the passengers. Passengers can request information from Tunisair regarding items unsuitable for transport (for contact information, see section 2.2).

 8.4.3  Tunisair can refuse to transport baggage if, in their opinion, it is not properly packed in suitcases or similar containers. Passengers can request information regarding packing methods and containers unsuitable for transport (for contact information, see section 2.2).

 8.4.4  If no agreement has been made with Tunisair in advance regarding the carriage of baggage, Tunisair is entitled to transport any baggage that exceeds the free baggage limit on a later flight.

 8.5  Right of search
For security reasons, Tunisair can require that passengers consent to a search or scan of their person and their baggage or an x-ray examination of their baggage to determine if they are carrying items described in section 8.3.1 or firearms or ammunition that should have been presented in accordance with section 8.3.2 or if such items are in their baggage. If a passenger does not consent to such a search, Tunisair is entitled to refuse to transport the passenger and the baggage. By request, passengers can be present during any search by customs or other officials of checked or carry-on baggage. Tunisair does not accept any liability for any damage incurred by the passenger during the search. Passengers must allow safety checks of baggage by Tunisair, by authorized agents of Tunisair, state officials, airport employees, police or military and the air carrier used to transport the passenger. If a passenger does not consent to a search of his or her person or baggage, Tunisair can refuse to transport the passenger and the baggage.

 8.6  Checked baggage

 8.6.1  After the baggage is checked, Tunisair is in charge of it and issues a baggage identification tag for each piece of baggage. If, during boarding, Tunisair requires that a passenger checks the baggage that he or she wanted to take on board as carry-on baggage, the baggage shall be taken to the cargo area. The baggage shall be treated as checked baggage in connection with the passenger’s baggage claim check.

 8.6.2  The passenger’s name or other personal identification information (including a telephone number) should be located on the checked baggage.

 8.6.3  If possible, the checked baggage shall be transported in the same aircraft as the passenger unless, for safety or operational reasons, Tunisair decides to transport it on a different flight. If the checked baggage is transported on a different flight, Tunisair shall deliver it to the location specified by the passenger as long as applicable law at the pick-up location does not require the presence of the passenger at the customs inspection or the reason that the checked baggage was transported in a different aircraft is not due to its size, weight or type or non-compliance with these conditions of carriage.

 8.6.4  If the decision not to transport the checked baggage on the same aircraft as the passenger is not made by Tunisair, the baggage shall not be transported if the passenger does not board the aircraft into which the baggage is loaded or the passenger leaves the aircraft after boarding but before take-off or at a stopover location and does not board the aircraft again.


 8.6.5  It is the passenger’s responsibility to ensure that the checked baggage is robust and secure enough to withstand the stresses of air transport without being damaged (excepting normal wear and tear).

8.7 Carry-on baggage (baggage that is not checked)

8.7.1 Tunisair is entitled to specify maximum dimensions and/or a maximum weight for carry-on baggage that passengers take with them on board the aircraft. If Tunisair has not done so, the carry-on baggage must, in any case, fit below the seat in front of the respective passenger or in an enclosed storage compartment in the cabin of the aircraft. If the baggage cannot be stored in this manner or if it exceeds the maximum weight or is otherwise dangerous, the passenger must check it and Tunisair shall transport it as checked baggage. Tunisair can require a surcharge for this service.

8.7.2 Objects that are not suitable for transportation in the cargo area (e.g. sensitive musical instruments) and that do not meet the requirements according to section 8.7.1 are only accepted for transportation in the cabin if the passenger informs Tunisair in advance and Tunisair has permitted the transport. Tunisair is entitled to require a surcharge in this case.

8.8 Collection and delivery of checked baggage
8.8.1 In accordance with section 8.6.3, passengers are obligated to pick up checked baggage as soon as it is made available at the destination. If a passenger does not pick up baggage within a reasonable period of time, Tunisair is entitled to charge the passenger an administrative fee. If the passenger does pick up his or her baggage within three (3) months after it has been made available, Tunisair is entitled to handle/dispose of it without any liability to the passenger.

8.8.2 Only the bearer of the baggage check and the baggage identification tag, which were given to the passenger when the baggage was checked, is entitled to accept delivery of the baggage. If the baggage check is not presented, the baggage can be given out if the baggage check is shown and the baggage can be identified in another manner.

8.8.3 If the person accepting the baggage cannot present the baggage check or cannot identify the baggage with the identification section of the baggage tag, if one was issued, Tunisair shall provide the baggage only under the condition that the right to the baggage is established to Tunisair’s satisfaction and, if the airline requires it, that a sufficient guarantee is provided to ensure that the airline is indemnified with regard to loss, damage or costs that could be incurred due to handing out the baggage.

8.8.4 If baggage is lost, delayed or damaged, Tunisair must be informed immediately upon arrival. Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery is sufficient evidence that the baggage has been delivered in good condition and in accordance with the contract for carriage.

8.9 Transporting animals
Tunisair does not transport animals in the cargo area of the aircraft, neither as freight nor as checked baggage.

8.9.1 Only small animals such as dogs, cats or small birds (up to a maximum of 8 kg including transport container) are accepted by Tunisair for transport in the cabin.

8.9.2 Registration and booking (with required fee) must be completed before the date of travel.

8.9.3 The carriage of animals in the cabin is subject to the following conditions:
8.9.3.1 The animal must be kept in a transport crate so that it does not affect the comfort of other passengers.

8.9.3.2 More than four crates are not allowed in the cabin.

8.9.4 The passenger is liable for compliance with all animal rights provisions that apply for entry or arrival of the animals or transit through the respective countries.


8.10 Items confiscated by airport security personnel
Tunisair does not, under any circumstances, accept liability for items confiscated and/or detained from a passenger’s baggage by airport security personnel for safety reasons.

8.11 Carry-on baggage
The passenger’s carry-on baggage must, in any case, fit below the seat in front of the respective passenger or in an enclosed storage compartment in the cabin of the aircraft. If the carry-on baggage exceeds the maximum limits as published on the Tunisair web site, it shall not be approved for transport in the aircraft cabin. If the Tunisair ground personnel does not accept the carry-on baggage, a fee in accordance with Tunisair regulations will be charged. Excess baggage surcharges are possible. The baggage shall be taken to the cargo area and a baggage check issued. At some airports there are limits with respect to the carriage of liquids, aerosol sprays and gels. Passengers should ask about the specific safety limitations at the departure airport.

9. Flight schedules, delays, flight cancellations

9. Flight schedules, delays, flight cancellations

9.1 Flight schedules

9.1.1 The flight times listed in the flight schedules can change between the date they are published (or issued) and the date of travel. The flight times are not guaranteed and are not part of the contract for carriage.

9.1.2 Before Tunisair accepts the passenger’s booking, Tunisair or its authorized agent shall inform the passenger regarding the currently applicable, scheduled departure time and shall enter it on the ticket. It can happen that Tunisair must change the scheduled flight time after the ticket is issued. If the passenger provides Tunisair with a contact address, Tunisair or the authorized agent shall attempt to inform the passenger regarding changes.

9.2 Delays, cancellation, rerouting, etc.
9.2.1 Tunisair shall take all appropriate and necessary measures to prevent delays in the transportation of passengers and baggage. To implement these measures and to prevent cancellations, in extraordinary circumstances Tunisair can arrange carriage with another air carrier and/or aircraft in the name of Tunisair, without any obligation to carry out this carriage, however.

9.2.2 If Tunisair cancels a flight, cannot carry out a flight within the reasonable bounds of the flight schedule, or cannot land at the passenger’s destination, passengers can choose from the following options (subject to the provisions of the convention):

9.2.2.1 Passengers can take another scheduled Tunisair flight with available capacity at no extra charge and, if necessary, with an extension of the validity of the ticket, or

9.2.2.2 Within a reasonable period of time, passengers shall be transported at no extra charge to the destination listed on the ticket, either by Tunisair or another airline with jointly established means of transportation. If the fare and surcharges for the changed route are lower than the amount paid by the passenger, Tunisair shall refund the difference, or
9.2.2.3 Tunisair shall provide a refund in accordance with section 10.2.

9.2.2.4 If it is not possible to travel to the destination within a reasonable period of time on a flight by Tunisair and the passenger requests a refund, Tunisair can have the passenger transported to the destination on a flight by another transportation carrier selected by Tunisair.

9.2.3 If one of the events or circumstances listed in 9.2.2 occurs, the options in 9.2.2.1 and 9.2.2.3 are the only remedies to which the passenger is entitled as long as a convention does not specify anything else and Tunisair does not have any liability with respect to the passenger.

9.2.4 If a scheduled Tunisair flight was to depart from an airport within the EU and has been cancelled, or is delayed by at least four (4) hours, or the passenger was voluntarily moved to a lower travel class, the passenger may be entitled to certain claims and, in this case, Tunisair shall inform the passenger in this regard.

9.2.5 If reconfirmation is required and the passenger does not reconfirm, the entire reservation can be cancelled. If the reservations were cancelled for this reason, the passenger is not entitled to reimbursement of the fare unless this is included in the conditions of the ticket.

9.3 Transportation denied due to overbooking

9.3.1 In case carriage is denied due to overbooking, Tunisair shall provide compensation, support services and refunds in the context of the Tunisair regulations and other applicable guidelines.

9.3.2 The compensation shall be taken into account in any further claims for damages.

9.3.3 When assigning the available seats, Tunisair shall give precedence to unaccompanied children and ill and disabled passengers. Otherwise, passengers shall be accepted for transportation in the order in which they arrived, taking their interests into consideration as appropriate.

9.3.4 If it is foreseeable that passengers will be denied carriage, Tunisair shall attempt to identify passengers who will voluntarily forego transport.

9.3.5 All affected passengers are entitled to compensation. The amount of the compensation is determined in the context of the Tunisair regulations and other applicable guidelines.

9.4 Substitution of carrier/aircraft
Tunisair reserves the right to substitute an alternative carrier and/or aircraft.

10. Conduct on board

10.1 General information
Passengers on board must never conduct themselves in the following manner: endangering or threatening to harm the aircraft or another person or property on board (by issuing false threats or otherwise); limiting, obstructing or disturbing the crew in the implementation of their duties; not observing the verbal or written instructions with regard to smoking, alcohol and drug consumption, safety and the use of electronic equipment; or causing discomfort, damage or injury to other passengers, the crew or property. If, in the opinion of Tunisair, passengers on do not behave accordingly on board, Tunisair can take measures that they deem necessary to prevent this behaviour. Tunisair can require that the passenger be removed from the aircraft at any time without any liability and bring charges against the passenger.

10.2 Electronic devices
For safety reasons, Tunisair is permitted to prohibit or limit the use of electronic devices on board, including, but not limited to, mobile telephones, laptops, portable recording equipment, portable radios, CD players, electronic games or output devices, including radio-controlled toys and radio devices.
 The use of hearing aids and pacemakers is permitted.

10.3 Non-smoking flights
All Tunisair flights are non-smoking flights. Smoking is prohibited in all areas of the aircraft.

10.4 Seatbelt requirements
In general, passengers are expected to remain in their seats during the flight; while seated, passengers must fasten their seatbelts.

10.5 Payment of rerouting and other costs
If, at its discretion, Tunisair decides to reroute the aircraft due to the conduct of a passenger as described in section 10.1, in order to remove the passenger and/or his or her baggage, the passenger is responsible for all costs incurred by the rerouting and must reimburse Tunisair for all costs associated with a resulting aircraft delay.

11. Administrative formalities

11.1 General information

11.1.1 Passengers are obligated to obtain the travel documents and visa(s) required for the trip and to follow all regulations, laws and requirements of the countries flown over or countries of arrival or departure.

11.1.2 Tunisair shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

11.2 Travel documents
Before travel commences, passengers are obligated to present entry and exit papers, health certificates and any other documentation that are required by the respective countries and to allow Tunisair to copy the documents. Tunisair reserves the right to require the passenger to present all of this documentation at any time during the flight, and to refuse to transport the passenger and baggage if the passenger does not follow these instructions, or if it appears that travel documentation is not in order, even if the passenger has already begun or completed part of his or her trip before it becomes clear that the passenger has not met the requirements of section 11.2.

11.3 Refusal of entry
If a passenger is refused entry to a country, that passenger is obligated to pay the fine imposed upon Tunisair by the respective country. Furthermore, the passenger is obligated to pay the applicable flight fare if Tunisair has to transport the passenger to the point of departure or to another location. The flight fare paid for transportation to the location of expulsion or where entry is refused shall not be refunded.

11.4 Passenger responsibility for fines, detention costs, etc.
If Tunisair is required to pay or make a deposit for any fine or penalty or incurs other expenditures for return transportation or providing an escort because a passenger does not comply with the applicable laws, directives, regulations, requirements or other travel specifications of the countries concerned, or cannot present the required documents, the passenger is obligated to reimburse Tunisair upon request any amount so paid or deposited as well as any expenditures so incurred. Tunisair is entitled to apply towards such payment or expenditure the value of any unused carriage on the passenger’s ticket, or any of the passenger’s funds in Tunisair’s possession. The amount of the fine or penalty differs from country to country and can exceed the amount of the fare. For this reason, passengers should comply with entry regulations.

11.5 Customs inspection
By request, passengers can be present during any search by customs or other officials of checked or carry-on baggage.
 Tunisair is not liable to the passenger for any loss or damage suffered in the course of such inspection or through the passenger’s failure to comply with this requirement.

11.6 Security inspection
Passengers are required to submit to any security checks by authorities, airport officials, air carriers or Tunisair.

11.7 Transfer of passenger information
Tunisair is entitled to transfer passenger passport information and other personal information to national and international agencies (e.g. authorities in Canada and the USA) if the respective request for transfer made by the agency is due to mandatory legal regulations so that it is required in order to fulfil the contract for carriage.

11.8 Confiscated travel documents
Tunisair does not accept any liability for having to replace travel documents, identification documentation or tickets that were retained by another air carrier or a governmental or other agency.

 

12. Liability in case of damage

The liability of the TUI fly Flight Portal and/or Tunisair is based on the rules of the GTCC.

13. Verbal agreements

These STCC Tunisair and the TUI fly Flight Portal GTCC contain the entire provisions of the contract between the passenger and the TUI fly Flight Portal 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 Tunisair STCC and the GTCC, the GTCC shall take precedence.

14. 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.

15. Applicable law and place of jurisdiction

The contractual relationship between the passenger and TUI fly Flight Portal 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.

Party presenting the contract:

TUIfly Vermarktungs GmbH
Karl-Wiechert-Allee 23
30625 Hanover
Germany
Registration No.: HRB 55840 / Court of Registration: Amtsgericht Hannover
VAT No.: DE 171612631
Executive board: Olaf Petersenn, Stefan Baumert
Status: 2017-12-20

Stand: 05/02/2018   nach oben