1. Contract

1.1. This contract comes into existence with respect to all offers for flight bookings which are bookable on the Internet under www.airberlin.com or other authorised Internet booking pages, after clicking on the `binding reservation’ field and the subsequent appearance of a summary of the booking data on the screen (online booking confirmation). The booking confirmation can be immediately stored or printed out by the customer. For information purposes, said confirmation will be automatically sent again to the customer within 24 hours to the indicated contact email address of the booking person. With respect to all other booking procedures (by telephone, in writing, email, fax, in person), the contract comes into existence upon receipt of the booking confirmation, and/or in case of telephone booking upon notification by telephone.

 

1.2. During the booking process the correct first name and family name of the passenger must be provided in all cases, and this must match the name as shown on an official photo ID or substitute document. Nicknames or fictional names must not be used. Section 4 applies if a passenger’s name is provided at a later stage.

 

2. Prices/payment

2.1. The services and prices shall apply as confirmed at the time of booking. After the contract has been concluded, the Airline is entitled to amend the price of the flight in the event of any change in fuel costs or charges for particular services, such as airport or security charges, or in the event of changes in exchange rates, where such exchange rate changes amount to at least 10 % of the unit price. Such amendments are permissible provided that the period between the conclusion of the contract and the agreed date of travel is greater than four months that the Airline informs the passenger of the amendment as soon as it becomes aware of such changes, and that such amendments could not be taken into account upon conclusion of the contract. In the event of a seat-related increase in costs of carriage (e.g. fuel costs), the Airline may demand payment of the increased amount; otherwise the additional costs of carriage shall be divided by the number of the seats on the aircraft and the resultant increase applied as a charge to each individual seat. If charges such as airport charges, payable by the Airline, are increased, the price of the flight may in turn be increased by the appropriate proportionate amount. In the event of a change in exchange rates after the contract of carriage has been concluded, the price of the flight may be increased in line with the amount by which carriage has become more expensive for the Airline. A price increase may only be demanded up to 21 days before the agreed departure date. If the price increases applied after conclusion of the contract amount to more than 5 % of the total flight price, the passenger is entitled to withdraw from the contract without incurring any expense. In the event of any reduction or cancellation with regard to taxes, charges or costs that are not included in the price of the flight but that have already been paid, the additional amount will be refunded.

 

2.2. All payments are to be made either by a credit card accepted by the Airline or by direct debit from a German, Austrian or Dutch bank account to be specified by the person making the booking. The passenger may pay the entire cost of travel in cash, but only at a ticket desk and on the day of booking. The payment may not be collected by an intermediary. Unless otherwise stipulated by the payer, payments will initially be offset against the oldest claims. Any payment that is insufficient to repay the entire debt will initially be offset against the interest, and finally against the primary obligation.

 

2.3. In the event of a default in payment, the airline shall be entitled to terminate the contract following an unsuccessful payment request, subject to a deadline according to section 5.1.1-5.2, and to request the corresponding charges established there. Sections 5.3 and 5.1.4 shall apply accordingly.

 

2.4. If a credit card company or bank refuses to settle the claim arising from the contract for reasons that are the customer’s responsibility, the customer shall be required to pay a flat rate of 10 EUR as compensation for the bank’s return debit note. The customer is free, under German law, to prove that the airline did not suffer any loss or that the loss incurred was significantly less.

 

Otherwise the Airline shall also be entitled in this case to terminate the contract after unsuccessful payment request, subject to a deadline in accordance with sections 5.1.1–5.2 and levy the corresponding charges stipulated therein. Sections 5.3 and 5.1.4 shall apply accordingly.

 

If the flight was booked as a flex fare, the airline will charge a total processing fee of 25 EUR per passenger. The customer is free, under German law, to prove that in this specific case the appropriate handling fee is significantly lower than the flat-rate handling fee charged.

 

3. Travel documents

3.1. Passengers using our AB-TIX service (e-tickets) will receive confirmation of their booking by post or email and can collect their boarding card for the booked flight on presentation of a valid identification card or passport and the booking reference at the check-in desk.

 

3.2. Every passenger is personally responsible for complying with all important regulations associated with the journey (e.g. passport, visa and health regulations, including for any pets accompanying the passenger), as well as for the completeness and intactness of travel documents. In the event of non-compliance with entry or exit regulations, in particular on account of incomplete or non-intact travel documents, the Airline is entitled to refuse carriage and to charge the passenger for all resultant costs and damages.

 

4. Rebooked flights

4.1. A rebooking occurs if, at the passenger’s request and subject to seats being available, the date/time of the flight, the name of the passenger, destination, departure and/or return airport is/are changed prior to an individual departure.

 

4.2. A flight may be rebooked up to 30 minutes prior to the agreed departure time. The name of the passenger may be changed any time prior to departure (outbound flight).

 

4.3. When a flight is rebooked, the difference between the original and the current, possibly higher fare, applicable on the day of rebooking, is payable; a flight may be rebooked to one with a lower fare, but the original fare will continue to apply. In addition a rebooking fee of 30 EUR is charged for short-haul and medium-haul saver flights (great circle distance between departure and destination airports of less than 3,000 miles), and a rebooking fee of 50 EUR is charged for long-haul saver flights (great circle distance between departure and destination airports of at least 3,000 miles). If a flight was originally booked as a flex fare or corporate fare (CompanyFlexFare), only the difference between the original fare and the current, possibly higher fare, applicable on the day of rebooking, will have to be paid. In all the above-mentioned cases the customer is free, under German law, to prove that the airline did not incur any costs or that the costs incurred were much lower than those charged as the flat-rate rebooking fee.

 

4.4. Rebookings can also be made by telephone. A booking may only be rebooked for a later flight – subject to local permits at the destination – if the rebooked flight is shown in the published schedule, if the required capacities are available and only if the later flight is no more than 365 days after the originally booked outbound flight. Any reimbursement for flights or legs of flights that were not used and that had been booked as a saver fare is excluded. Rebooking charges may only be paid using approved credit cards or direct debit. There is no rebooking charge for infants (children under 2 years old). No discount is granted on the rebooking charge. A domestic flight cannot be rebooked as an international flight and vice versa.

 

5. Cancellation of and failure to use a ticket

5.1. To cancel a booked flight or other confirmed service (e.g. seat reservation, carriage of pets, special reservations), passengers must notify the airline in writing (by fax to 49 (0)30-4102 1003, by letter or e-mail to Air Berlin, Service Team, Saatwinkler Damm 42-43, D-13627 Berlin, Germany; serviceteam@airberlin.com) or by telephoning 44 (0)871-5000 737 (0,10 GBP/min; different rates may apply to calls from mobile phones) before the start of their journey, stating the booking reference number. The decisive date is the day on which the notification is received by Air Berlin. Cancellation is no longer possible once the passenger has embarked on the journey. Under German law the following regulations apply to cancellations:

 

Flex fare:

5.1.1. If a passenger cancels or fails to travel on a short-haul, medium-haul or long-haul flight booked as a flex fare, the fare will be refunded. If a ticket that was initially booked as a saver fare is not used or is cancelled, section 5.1.2 or 5.1.3, as applicable, shall apply to the fare element of the original saver fare.

 

Saver fare:

5.1.2. If a short-haul or medium-haul flight (the great circle distance between departure point and destination being less than 3,000 miles) flight booked as a saver fare is not taken or is cancelled, the Airline is entitled in accordance with the law to demand the agreed remuneration from the passenger less any savings in expenditure made and/or possible alternative uses of the service booked, unless the circumstances resulting in the flight not being taken or being cancelled are the Airline’s responsibility or due to force majeure. Objections raised by the customer shall be taken into account in accordance with section 5.3.

 

5.1.3. If a long-haul flight (the great circle distance between departure point and destination being at least 3,000 miles) booked as a saver fare is not taken or is cancelled, the Airline is entitled to charge the following amounts, unless the circumstances resulting in the flight not being taken or being cancelled are the Airline’s responsibility or due to force majeure:

· up to 21 days before departure: 20 % of the fare

· up to 14 days before departure: 30 % of the fare

· up to 7 days before departure: 40 % of the fare

· up to 1 day before departure: 50 % of the fare

· on day of departure: 100 % of the fare (net).

 

5.1.4. In the above-mentioned cases both standard savings in expenditure and alternative utilisation of the service booked shall be taken into account.

 

5.2. The Airline shall continue to charge a handling fee of 25 EUR per passenger and booking for processing tickets that have not been used or that have been cancelled and that were booked as saver fares (sections 5.1.2 and 5.1.3). The customer is free, under German law, to prove that in this specific case the appropriate handling fee is significantly lower than the flat-rate handling fee charged.

 

5.3. In all the above-mentioned cases the customer is free, under German law, to prove that the airline did not suffer any loss or that the claim for reimbursement or for compensation of expenses was significantly less.

 

5.4. These above provisions also apply if the customer does not reach the aircraft at the stipulated time or is not permitted on the flight on account of incomplete travel documents. Customers are recommended to take out travel cancellation insurance.

 

6. Changes/changes in departure times

The Airline does its utmost to transport passengers and baggage as punctually as possible. Scheduled flight times may be subject to reasonable changes for operational reasons. The Airline will endeavour to keep changes to flight departures to a minimum and to inform passengers as soon as possible of any such changes. According to Russian law, short-term changes to routes and/or cancellations due to security aspects or impediments, imposed by public authorities, may be made. Passengers are recommended to confirm the departure time of their flight by telephoning the Service Centre on 0871-5000 737 (0,10 GBP/min; different rates may apply to calls from mobile phones) between 24 and 48 hours prior to their outbound or inbound flight. The Airline also recommends that passengers, when booking, leave us a telephone number where they can be contacted at their destination. The Airline is entitled – only in so far as necessary – to change the type of aircraft and to transfer carriage as a whole or in part to third parties, with the Airline continuing to be responsible for the booked carriage. In the event of changing to another air carrier, the Airline is required, irrespective of the reason for the change, to take all reasonable steps to ensure that passengers are notified of the change and the identity of the other air carrier as soon as possible. In any event, passengers will be notified when checking in, or at the latest when boarding the aircraft (EC directive 2111/05).

 

7. Cancellation of a contract due to exceptional circumstances

If carriage by air is unforeseeably made much more difficult, endangered or impaired as a result of an act of God, either party may withdraw from the contract. If the contract is terminated prior to departure, the maximum liability of the Airline to the passenger for flight cancellation shall be limited to refund the travel costs already paid. This covers all of the passenger’s claims arising from the contract unless the loss in question is one of personal injury or damage incurred as a result of deliberate or gross negligence.

 

8. Liability

8.1. The current legal provisions shall apply in conjunction with those set out in the Montreal Convention on the standardisation of regulations on international carriage by air with respect to injury to life and limb of the passenger as well as with respect to the passenger’s baggage. Except for injuries to life, body or health or for the violation of essential contractual obligations, the fulfilment of which is indispensible for the proper fulfilment of the contract and the fulfilment of which the passenger may generally expect, the Airline is only liable for damage if it has caused such damage with deliberation or gross negligence; the provisions of the Montreal Convention or other subordinate liability provisions (above all Regulation (EC) No. 261/2004) shall remain unaffected. Any complaints and enquiries concerning baggage are to be addressed to the baggage office directly on arrival. Otherwise damages may be claimed in writing within the periods stipulated by the Montreal Convention. Such a letter should be sent either to Air Berlin PLC & Co. Luftverkehrs KG, Abt. Kundenservice (Customer Service Department), Saatwinkler Damm 42-43, D-13627 Berlin, or to LTU Lufttransport-Unternehmen GmbH, Abt. Kundenservice (Customer Service Department), Flughafen Halle 8, 40474 Düsseldorf, Germany. Passengers are recommended to carry valuables, medication, perishable goods or fragile items in their hand baggage (up to a maximum weight of 6 kg is permitted). The information on the ticket concerning the limitation of liability applies. Unless the preceding paragraph provides otherwise, the objections based on the Montreal Convention and the applicable national law shall apply without restriction.

 

8.2. If any means of transport other than an aircraft (e.g. Rail&Fly) is used for part of the journey, that part of the journey shall be subject to the terms and conditions applicable to the means of transport in question (article 38 paragraph 2 Montreal Convention).

 

9. Other provisions and agreements

9.1. In accordance with the German Data Protection Act and other statutory provisions the Airline is authorised, within the scope of fulfilling the contract, to collect, process and utilise personal data. Such data are collected, processed, utilised and transmitted using data processing systems within the scope of the purpose of the contract. Processing or utilisation is carried out for the following purposes, within the scope of statutory provisions: making reservations, obtaining a ticket, obtaining additional services and making payments; developing and providing services, facilitating entry and customs clearance procedures. For such purposes the Airline is entitled to collect, store, edit, bar, delete, utilise and transmit such data to its own offices, authorised representatives, as well as those providing the above-mentioned services on behalf of the Airline. The Airline is further entitled to transmit the passport data and the personal data processed and utilised by the Airline in the context of air carriage to the authorities (government departments) in Germany and other countries (including authorities in the USA and Canada) if the demand made by the authorities for such data to be transmitted is based on mandatory statutory provisions and therefore necessary for the fulfilment of the contract of carriage.

 

9.2. These terms and conditions apply unless individual provisions were made in the separate contracts. The Airline recommends obtaining written confirmation of additional verbal agreements. In the event of one or more provisions of these General Terms and Conditions of Business being ineffective, the effectiveness of the remaining provisions shall not be affected. Please refer to the general terms and conditions of carriage. If, in the case of a code-share flight, one of the above-mentioned airlines is registered as the air carrier, carriage will be subject to the terms and conditions of carriage; otherwise the airline operating the flight will provide further information. The Airline is entitled to challenge or correct the contract in the event of obvious printing or mathematical errors. If this should result in a price increase, the passenger is entitled to withdraw from the contract within two weeks of receiving confirmation of travel. German law shall apply in all cases. The legal venue for commercial matters is Berlin.

 

Date issued: 01.03.2010