Date issued: 01.11.2008

1. Contract

This contract comes into existence upon confirmation of booking of flights.

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. In each case the full amount is to be paid. An advance payment in cash will not be accepted. 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. 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 be entitled to terminate the contract in accordance with sections 5.1.1.–5.2. if the period allowed for payment has expired without effect.

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 responsible for obtaining all required travel documents and visas, health certificates and other travel documents (including those regarding accompanying pets) for complying with all laws, regulations and travel requirements of the countries to be flown to, from and through which you transit. In the event of non-compliance, the Airline is entitled to refuse carriage and to charge the passenger for all resultant costs and damages.

4. Rebooked flights

4.1. A flight is rebooked if, at the passenger’s request, and subject to seats being available, the date of travel, one (or more) passenger, the destination, a departure and/or return airport is changed before individual flight departures.

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 processing fee of 30 EUR is charged for short-haul and medium-haul saver flights (great circle distance between between departure and destination airports of less than 3,000 miles), and a 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.

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 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. Cancellations

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(at)airberlin.com) or by telephoning 0871-5000 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.

Saver fare:
5.1.2. If a short-haul or medium-haul (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 cancelled, the Airline is entitled in accordance with the law to demand the agreed remuneration from the customer less any savings in expenditure made and/or possible alternative uses of the service booked, but at least 25 EUR per person. Objections raised by the customer shall be taken into account in accordance with section 5.2.

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, but at least 25 EUR per person:
- 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).

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

5.2. 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.

5.3. 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. 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. We also recommend 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 personal injury, the Airline is only liable for indirect or consequential damage if it has caused such damage with deliberation or gross negligence; the provisions of the Montreal Convention 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. Information in accordance with the appendix to directive (EC) 2027/97 as amended by directive (EC) 889/02:
"This information summarises the regulations relating to the liability of EC airlines to be applied by those airlines in accordance with the legal provisions of the Community and the Montreal Convention. There are no maximum amounts for liability in the event of the death or injury of passengers. The airline is not entitled to raise objections to claims for damages up to 100,000 SDR. The airline may avert payment of claims above this amount by providing evidence that the airline was neither negligent nor culpable in its actions. If a passenger is killed or injured, the airline is required to make an advance payment within 15 days of the person entitled to damages having been identified. This advance payment is to cover immediate economic needs. In the event of death this advance payment shall not be less than 16,000 SDR. The airline is liable for damages incurred as a result of delay in the carriage of passengers, unless all reasonable measures to avoid such damage have been taken or if it has been impossible to take such measures. The liability for damage due to delayed performance in the carriage of passengers is limited to 4,150 SDR. The airline is liable for damages incurred as a result of delay in the carriage of baggage, unless all reasonable measures to avoid such damage have been taken or if it has been impossible to take such measures. The liability for damage due to delayed performance in the carriage of baggage is limited to 1,000 SDR. The airline is liable for the destruction and loss of or damage to baggage up to the value of 1,000 SDR. If baggage has been checked in, liability applies irrespective of fault or negligence, provided that the baggage had not already been damaged at the time of being checked in. In the case of baggage that has not been checked in, the airline is only liable for culpable conduct. A higher liability limit applies if the passenger submits a separate declaration (in writing) when checking in and pays a surcharge. If baggage is damaged, delayed, lost or destroyed, the passenger is required to inform the airline as soon as possible and in writing. If baggage that has been checked in has been damaged, the passenger is required to report such damage in writing within seven days, or within 21 days of the baggage being made available in the event of baggage being delayed. If the airline carrying out the performance is not identical with the contracting airline, the passenger may address such notification or damage claims to either company. If the name or code of an airline is shown on the ticket, that airline is the contracting airline. Any actions in law for damages must be brought within two years from the date of the aircraft’s arrival or the date on which the aircraft should have arrived. These regulations are based on the Montreal Convention of 28th May 1999, which has been transposed in the European Community by directive (EC) no. 2027/97, as amended by directive (EC) no. 889/2002 and by the national legal regulations of member states."
If the person collecting the baggage accepts any item of checked-in baggage without reservation, this action shall establish the disputable presumption that it has been delivered undamaged in accordance with the document of carriage. The Airline’s liability is in all cases limited to proven damage. The damage to be compensated is reduced in the event of contributory fault. In addition please refer to the liability provision in article 20 of the Montreal Convention.

8.3. 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).

8.4. Information in accordance with directive (EC) 261/04:
This information summarises the regulations relating to the liability of EC airlines to be applied by those airlines in accordance with the legal provisions of the community in the event of a cancellation, flight delay and/or refusal to transport. The directive only applies if the passenger is in possession of a confirmed booking for the relevant flight, has arrived in good time to check in at the specified time (except in the case of the cancellation of the flight) and is travelling at a tariff available to the public. Claims for compensation as listed below may be excluded if the incident is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken (for instance poor weather conditions, political instability, strikes, security risks, unexpected flight safety problems). Likewise the passenger is not entitled to these benefits, if he/she was excluded from the flight due to justifiable reasons e.g. related to health, general or operational safety or inadequate travel documents.

According to EC directive 261/04, delays exist from a delay of the departure compared with the scheduled time of departure of 4 hours for flights above 3,500 km distance, of 3 hours for flights between 1,500 and 3,500 km and flights above 1,500 km within the EC and of 2 hours for flights up to1,500 km distance. The passenger is entitled to receive care and support services from the Airline, if it is foreseeable that the flight will have a serious delay. These services are limited to the provision of appropriate refreshments relative to the amount of waiting time and the opportunity for two short telephone calls, faxes or E-mails. Overnight accommodation will be provided if necessary at the discretion of the Airline. The Airline is not required to offer care and support services, if because of them the departure would be delayed even more. In case of delays above 5 hours the passenger is entitled to have the costs refunded for the ticket for those parts of the journey not covered. In the case of cancellation of package tours the provisions of the package tours directive (90/314/EEC) shall apply, so that in the case of a cancellation very high cancellation costs may possibly be incurred. With a voluntary or compulsory exclusion from the booked flight in the event of an overbooking, the passenger is entitled vis-à-vis the Airline to care and support services and refunding to the extent already described. In addition, the passenger is offered alternative carriage to the final destination of the booked plane trip. This replacement carriage is carried out at the earliest possible time and subject to comparable terms. Subject to the availability of seats, the passenger can instead also travel to his/her final destination at a later time or a time requested by him/her, whereby the costs for refreshments, hotel and transfer are then to borne by the passenger. In addition, the passenger is entitled to a compensation payment if he/she was compulsorily excluded from the carriage. Passengers excluded from the flight against their will are, in addition, entitled to compensation (in cash, by cheque or bank transfer or, subject to their agreement, in the form of a voucher). The value of this payment is dependent upon the distance of the planned journey and the carriage offered alternatively. With flying distances of up to 1,500 km the compensation payment amounts to 250 EUR, between 1,500 and 3,500 km and flights within the EC above 1,500 km 400 EUR and for all other flights 600 EUR. If the passenger is offered an alternative flight, the arrival time of which for flights of up to 1,500 km is no later than 2 hours, for flights between 1,500 and 3,500 km no later than 3 hours and for all flights above 3,500 km no later than 4 hours after the scheduled arrival time of the originally booked flight, the compensation payment only amounts to 50% of the above-mentioned payment values, i.e. in other words 125 EUR, 200 EUR and 300 EUR. The passenger also has the same rights to alternative carriage, care and support service, refunding and compensation payment as listed above, should the flight for which the passenger has a confirmed booking have been cancelled. The passenger is not entitled to compensation payments, if the cancellation of the flight was carried out due to exceptional circumstances. Likewise, there is no right to compensation payment in the event of information about the cancellation at least 14 days before the booked departure, information about the cancellation between 14 days and 7 days before the booked departure and departure of the flight offered alternatively no more than 2 hours before the original time of departure or arrival no more than 4 hours after the planned arrival time. Information about the cancellation less than 7 days before the departure and departure no more than 1 hour before the original time of departure or arrival no more than 2 hours after the planned arrival time. The appropriate ombudsman for the purposes of the directive for the United Kingdom is the Air Transport Users Council, Room K705 – CAA House, 45–59 Kingsway, London, WC2B 6TE.

Important – please note: This information is required in accordance with directive (EC) no. 889/2002 and in accordance with directive (EC) no. 261/04. However, this information does not constitute the basis of a claim for damages, nor can it be used to interpret the provisions of the 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. We recommend 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. The legal venue for commercial matters is Berlin. For other matters the legal venue is in accordance with statutory provisions.

Date issued: 01.11.2008