STCC Freebird Europe

Special Terms and Conditions of Carriage

Special Terms and Conditions of Carriage of Freebird Airlines Europe Limited and TUIfly Vermarktungs GmbH for air carriage handled by Freebird Airlines Europe Limited (hereinafter STCC Freebird Europe)​​​​​​​

1. Scope of application

1.1.
These Special Terms and Conditions of Carriage (STCC Freebird Europe) 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 carriage is provided by Freebird Europe Limited (referred to in the following as Freebird Europe) and/or their agents (Freebird Europe and its agents are referred to in the following as “actual carrier”).

These STCC Freebird Europe also apply for carriage provided at no cost, unless expressly agreed otherwise.

1.2.
In addition to these STCC Freebird Europe, the GTCC of the TUI fly Flight Portal also apply.

2. Contact information for the TUI fly Flight Portal and Freebird Europe

2.1.
Freebird Europe can be reached using the following contact information (which can also be used for the required booking of sports baggage, excess baggage and similar items directly with Freebird Europe):
 

Freebird Airlines Ground Operation

Telephone: +90 242 349 330 131 or +90 242 349 330 142 Email: groundops(at)freebirdairlines.com

 

Headquarters of Freebird Airlines Europe Limited:

259 Triq il Kbria II Mosta MST 1014 Malta
 

2.2.

In the following provisions, reference is frequently made to the TUI fly Service Centre. The Service Centre is open from 7:30 to 22:30 (Monday through Friday) and from 8:30 to 21:00 (Saturday, Sunday and public holidays) Central European Time; the following telephone rates apply:

  • In Germany:

0511 220 4321

  • In Austria:

0900 190 150 (0.53 €/minute)

  • In Switzerland:

0900 190 150 (0.64 CHF/minute)
 

  • In Great Britain: 020 7048 0143 (local rates apply; mobile rates may vary)
  • In Italy: 899 03 20 31 (0.63 €/minute; mobile rates may vary)
  • In Spain: 902 012 512 (0.09 €/minute)
  • All other countries*: 0049 180 5 42 41 40 (0.14 €/min. from the German landline network, max. 0.42 €/min. in mobile networks plus international service provider fees)

* This number cannot be used for calls from Germany, Austria, England, Italy, Switzerland or Spain.

3. Carriage of expectant mothers

3.1.
Expectant mothers are permitted to travel with Freebird Europe until the end of the 28th week of pregnancy without a physician’s permission. This date must be noted in the passenger’s medical documentation of her pregnancy, which she must always carry with her. From the end of the 28th week of pregnancy, a physician’s certificate indicating the mother’s fitness to fly is required. The physician’s certificate must be issued within 7 days before travel commences. Expectant mothers are not permitted to fly after the end of the 36th week of pregnancy (after the end of the 32nd week in case of a multiple pregnancy). If an outbound and a returning flight were booked and if the return flight will occur after the 36th week of pregnancy (after the end of the 32nd week in case of a multiple pregnancy), Freebird Europe can refuse carriage for the outbound flight as well. Expectant mothers are responsible for deciding themselves whether or not their health permits them to fly; if they have any doubts, expectant mothers are advised to consult their doctor before flying.

 

4. Carriage of physically limited passengers

4.1
Passengers with limited mobility cannot be assigned seats in which they

  • block access to emergency equipment, or
  • hinder an emergency evacuation of the aircraft.

A person is considered to have limited mobility when his or her ability to move is restricted due to a physical disability (sensory or motoric), a mental deficiency, age, an illness or for another reason. Freebird Europe is entitled to determine the passenger’s fitness to travel based on the submission of a written physician’s report (in English).


4.1.1 Seats on board for passengers with reduced mobility

All passengers with limited mobility must sit in the seats set aside for them.

  • In general, the window seats “A” or “F” in each row;
  • A maximum of one passenger with reduced mobility is permitted to sit in each row.

Passengers with reduced mobility cannot be assigned seats C or D or the seats in the emergency exit row.
 

4.2.2 Transportation of a passenger’s own wheelchair / Assistance for boarding at the airport
Freebird Europe offers disabled persons or those with reduced mobility assistance for transportation to and from the aircraft through the airport’s partner companies. This service is free and must be requested in advance in the TUI fly Flight Portal Service Centre (for contact information, see section 2.2) when the booking is made.

A wheelchair for passengers with mobility problems is always transported at no cost.

This requires the following:

                                      a) this information must be provided at the time of the booking
                                      b) the transportation of the wheelchair must be registered at the TUI fly Service Centre at the latest three business days                                                    (Monday - Friday) before departure (for contact information, see section 2.2), and
                                      c) it must be confirmed in writing by the Service Centre.
                                      d) The wheelchair must be prepared for transportation when it is checked as special baggage. Conversions to the                                                            wheelchair must be made by either the passenger or the accompanying person before check-in; check-in or loading                                                      personnel or the flight crew are not permitted to undertake any conversions.

Freebird Europe can limit the amount of wheelchairs transported per flight if required by aviation safety regulations.

Battery-operated wheelchairs can be transported under the following conditions:

  • The battery poles must be isolated to prevent short-circuiting.
  • The battery cannot be connected and ready for operation.

Depending on the type of battery, the following rules must be observed:

  • Lithium batteries:
    -The battery capacity is not permitted to exceed 300 watt-hours. A replacement battery with a capacity of 300 watt-hours or two replacement batteries with capacities of 160 watt-hours each are permitted for transport only in carry-on baggage.
    -If the wheelchair can be folded up, the battery must be removed and packed properly (battery pack) for transport in the passenger cabin.
  • Leak-proof batteries (gel batteries):
    -The battery must be securely affixed to the wheelchair, but not ready for operation (see above).
    -If the battery can be removed from the wheelchair, it must be removed, securely packed and transported in the cargo area.
  • Wet batteries:
    -Freebird Europe does not permit the transportation of batteries that are not leak-proof.

Conversions to the wheelchair must be made by either the passenger or the accompanying person before check-in; check-in or loading personnel or the flight crew are not permitted to undertake any conversions.

The wheelchair must be prepared for transportation when it is checked as special baggage.

 

4.3 Transportation of an on-board wheelchair
If necessary, passengers with limited mobility can request to use an on-board wheelchair at no cost. It must be requested at the latest by three business days (Monday through Friday) before departure through the TUI fly Flight Portal Service Centre (for contact information, see section 2.2).

Our cabin crew is happy to provide assistance to passengers with limited mobility during the flight as far as possible. However, please note that our cabin crew is not obligated to lift or carry passengers. In addition, our crew is only allowed to provide assistance from the passenger’s seat to the restroom door. Furthermore, only the person accompanying the respective passenger is permitted to provide assistance with walking.

Finally, please note that on the aircraft we use, both the restrooms and the aisle are narrower than in other modes of transportation.

 

4.4 Assistance dogs (guide dogs / signal dogs / service dogs)
Freebird Europe transports assistance dogs in the cabin free of charge. This requires a physician’s certificate which states that the passenger requires an assistance dog during the flight as well as certificate confirming that the dog has been adequately trained for this purpose.

Due to aviation safety regulations, the amount of assistance dogs transported in the cabin per flight is limited. For this reason, the transportation of an assistance dog must be registered at the TUI fly Flight Portal Service Centre and confirmed in writing (for contact information, see section 2.2).

Please also observe the following rules for bringing an assistance dog on board:

  • The dog must fit in front of your seat (within the legroom provided by your seat).
  • The dog must be on a leash and lie down or sit on the floor in front of your seat.
  • The dog must never be permitted to sit on a passenger seat.
  • We recommend that the dog not be secured with a collar, but instead with a harness.


Types of assistance dogs:

  • Guide dogs are tasked with leading blind people or those with limited vision safely to the required locations. For example, they guide people through traffic and indicate important points of orientation, such as elevators, staircases, crosswalks and traffic lights.
  • Signal dogs or hearing dogs support people who are deaf or hard of hearing by indicating various household sounds, such as knocking or ringing the doorbell, making the person aware that an alarm bell, alarm clock or timer has sounded, a telephone is ringing, a baby is crying, the dog’s owner’s name has been called or a fire alarm is sounding. These dogs are trained to initiate physical contact and to guide their human partners to the sources of the sound.
  • Medical response dogs support those with diabetes by alerting them to states of low or high blood sugar (diabetes alert dogs). Dogs can also warn those with epilepsy that an epileptic seizure is about to take place (seizure alert dogs). Some dogs are also specially trained to help a person with epilepsy during a seizure (seizure response dogs).
  • Service dogs provide assistance by carrying out physical tasks and providing physical support. For example, they can pick up items that have fallen, open doors or operate light switches. Another term used for a dog that provides support for disabled people in some way is assistance dog.
  • Combination dogs are those that are selected and trained to take on the tasks of both guide dogs and hearing dogs and which carry out the combined duties required for dog owners with multiple disabilities.


4.5 Passengers with fractures and plaster casts
All passengers with broken limbs set in plaster casts must comply with the following waiting periods before flying and must provide a physician's certificate confirming that the passenger is allowed to fly.

  • No flights are allowed within 24 hours after a fracture.
  • Only flights with a flight time of less than 2 hours are allowed between 24 hours and 48 hours after a fracture.
     

Within the first 7 days after a fracture, the cast must be split. We recommend that the cast be split even for fractures that occurred more than 7 days prior to flying. Passengers who are travelling with casts on extremities from the hip upward only require one seat.

Passengers with a leg cast (thigh down to or including the ankle) must purchase 2 additional seats because the leg must be elevated during the flight and, for safety reasons, it should not be stretched out into the aisle. For children with leg casts, the number of additional seats to be booked depends on the size of the child.


4.6 Accompanying person
To meet the applicable safety requirements stipulated in international, community or national statutory regulations or those of the German Federal Aviation Office, Freebird Europe can require that a disabled person or a person with limited mobility be accompanied by another person who is able to provide the necessary assistance. For this reason, Freebird Europe only transports passengers who are unable to take care of their own needs on board the aircraft if they are accompanied by another person. The person accompanying a physically disabled passenger is not entitled to free transportation; the full price of the flight must be paid.
 

4.7 Passengers with illnesses
Air transportation can be connected with health risks. Passengers who are ill shall only be permitted to fly if they have written permission to fly / a physician's certificate of health (preferably in English). Passengers that require assistance to board and to depart the aircraft or who have an unforeseeable need for medical assistance are not usually charged for these extra services.

If a physician’s certificate regarding the fitness of the person to fly is required, it must also contain an explanation regarding the necessity of an accompanying person. If an accompanying person is required based on the certificate, the passenger is responsible for making the respective arrangements. The accompanying person is not entitled to free transportation; the full price of the flight must be paid.
 

4.8 Passengers who require oxygen
Passengers who require the therapeutic use of oxygen during the flight are allowed to use the equipment made available by Freebird Europe only in a medical emergency.

Except for small, 2 litre/200 bar bottles, the use of other portable oxygen supplies (the passenger’s own oxygen) is not permitted during the flight unless the supply equipment meets the requirements for dangerous goods. The number of oxygen bottles permitted is limited to a maximum of 10% of the cabin configuration.

Freebird Europe allows passengers to transport their empty oxygen bottles with open valves as checked baggage.

The passenger must be able to present a physician’s certificate that includes the following:

  • The reason that oxygen is required
  • Confirmation of the passenger’s fitness to fly

The crew must be informed that oxygen is required.

The TUI fly Flight Portal Service Centre (for contact information, see section 2.2) must be notified of the passenger’s required, therapeutic use of oxygen and the necessity of bringing oxygen bottles along on the flight.

5. Carriage of infants, children and adolescents

5.1 Infants
To prevent health risks, transportation is not provided for newborn infants up to the age of 7 days.

Infants (through age 2) are allowed to fly under the following conditions:

The airline must be notified in advance that you are flying with an infant (for contact information, see section 2) and a maximum of 20 infants shall be transported per flight. Freebird Europe aircraft are not equipped with cradles or cribs. The infant's age is defined as the age on commencement of the flight, in the case of outbound and return flights, the age on commencement of the return flight. Each adult (who must be at least 18 years of age, unless he or she is the infant’s parent) may be accompanied by one (1) infant only. Infants travel on the lap of a parent or guardian and are secured by means of an additional loop belt, which must be fastened in accordance with the instructions of the crew. Infants are not entitled to their own seats.

Passengers who wish to use strollers for their children up to the aircraft gate must leave the stroller there when boarding the aircraft.
 

5.2 Children
On Freebird Europe flights, children are considered to be those passengers between the ages of 2 through 11, i.e. those who are not yet 12 years of age.

  • Each child must be accompanied by an adult, unless the child is traveling as an unaccompanied minor. The person accompanying the child must be at least 18 years old (unless that person is a minor who is also the parent of the child).
  • Freebird Europe does not allow child restraint systems if the seating capacity and dimensions are restricted.
  • It is not permitted for three children to all sit next to each other.

NOTE:
Some countries only permit children and adolescents under the age of 18 to leave their home country upon presentation of an authorization form completed by their parents or legal guardians. Passengers are responsible for carrying the required documents with them.

Freebird Europe does not provide accompaniment or supervision and is not liable for the consequences resulting from a lack of either.

 

6. Carriage of baggage

6.1 Free baggage and general rules
As far as section 6.2 does not contain different or additional rules for special baggage and excess baggage, the following rules apply for the carriage of baggage on Freebird Europe flights:

6.1.1 Check-in, carriage and delivery

(a) Freebird Europe may refuse to accept baggage unless it is properly and securely packed for safe transportation. For information on packing special baggage, see section 6.2.

(b) The passenger's name must be on or affixed to the checked baggage. Violating this rule can result in exclusion of liability.

(c) Checked baggage is transported with the same aircraft in which the passenger is transported unless the carrier has concluded that this type of carriage is not possible; in this case, the carrier shall transport the baggage on one of its next departing flights.

(d) The checked baggage is delivered at the destination airport indicated in the baggage claim check. The baggage identification tag issued to the passenger serves as a record of the weight and number of pieces of checked baggage. Passengers are obligated to keep the baggage claim checks until the baggage is in their possession and to pick up their baggage as soon as it is made available at the destination airport or at the location at which the flight ended.

(e) A passenger’s baggage is not transported if the passenger does not board the aircraft into which the baggage was loaded or if the passenger leaves the aircraft after boarding but before departure, or leaves the aircraft at a stopover, but does not board again.

(f) If baggage is lost, delayed or damaged, Freebird Europe must be notified immediately upon arrival. If the person holding the baggage identification tag picks up the checked baggage without objection, this indicates that the baggage is in perfect condition and was delivered in accordance with the contract for carriage.

Freebird Europe does not provide shuttle service for baggage to or from the airport. Freebird Europe does not accept any liability for third party baggage delivery services. The transportation of fragile or perishable items in checked baggage is not recommended.

In accordance with section 20 of the Montreal Convention and / or sections 20 and 21 of the Warsaw Convention, Freebird Europe does not accept any liability for damage to of loss of items transported in checked baggage in violation of the applicable regulations. This exclusion of liability also applies for any resulting damage and indirect damage caused by the transportation of such items in checked baggage.
 

6.1.2 Free baggage, carry-on baggage, maximum weight and dimensions
Adults and children have a free baggage allowance of 20 kg each on the flight (10 kg for infants not yet 2 years of age). A single piece of baggage is not permitted to weigh more than 32 kg nor to exceed the maximum dimensions of 80 x 65 x 45 cm (other rules apply for special/sports baggage and the transportation of animals).

In addition, each person can bring one piece of carry-on baggage (55 x 40 x 20 cm, weighing up to 8 kg) and one of the following items on board as carry-on baggage, which is transported for free.

1 handbag, 1 coat, 1 shopping bag with items purchased in a duty free shop, 1 umbrella (except those with pointed ends) or walking stick/cane, 1 small camera or pair of binoculars, books and newspapers to read during the flight, baby food, 1 laptop.

If space in the cabin is limited, these items must be transported as checked baggage. Free carry-on baggage is not permitted for infants less than 2 years old. One stroller shall be transported at no cost.

A passenger’s carry-on baggage must be stowed below the seat in front of the respective passenger or in a baggage compartment in the aircraft cabin. If the carry-on baggage exceeds the published maximum limit, it shall not be accepted for transport in the aircraft cabin and must be checked.

Excess baggage fees may apply. At some airports there are restrictions regarding the carriage of liquids, aerosol sprays and gels. Passengers should request information about the specific safety rules from the respective airport.

Passengers are not entitled to the carriage of items that do not meet the requirements listed above and are not suitable for transportation in the aircraft as checked baggage (e.g. fragile musical instruments). Such items shall only be transported if Freebird Europe was notified in advance and if Freebird Europe accepted the items for transport. Because such items are considered special baggage, a surcharge of EUR 8.00 per route and kg shall apply. If you are requested to leave your baggage at check-in or at the gate, Freebird Europe does not accept any liability for this baggage, unless a fee-based contract regarding the deposit of the baggage.


6.1.3 Items removed by airport security personnel
Freebird Europe is under no circumstances liable for items removed or retained from the passenger’s baggage by airport security personnel for reasons of safety and security.
 

6.1.4 Products purchased in the duty free shop
Products purchased in the duty free shop are placed together with the invoice in a special bag, which is sealed. This baggage is only permitted on board after the baggage and the invoice are checked at the security checkpoint.

If a passenger is transiting through other airports to the final destination, the passenger should only open the special duty free package provided by the shop upon reaching the final destination. Otherwise, the contents of the package can be kept for security reasons at the transit airport / security checkpoint. If it is not otherwise specified, the passenger must contact the security officials at the airport.


6.2 Carriage of special / excess baggage
NOTE: The following rules, (a) through (i), apply only for carriage with Freebird Europe. Different rules may apply for special, sports and excess baggage on flights with other airlines. For these flights, only the rules and fees confirmed by the respective airline apply.

(a) General information
The carriage of special and excess baggage (i.e. baggage in excess of the free limits, dimensions and weight listed in section 6.1.2 as well as sports baggage, animals and firearms) is required to be booked with Freebird Europe and is subject to fees. The booking can be made through the TUI fly Flight Portal Service Centre (for contact information, see section 2.2). You must book the baggage and pay the fee before the flight or we cannot guarantee that it will be transported.
Special and excess baggage weighing more than 50 kg per piece as well as animals (including assistance dogs) shall only be transported if a booking confirmed in writing by Freebird Europe is presented. This rule is necessary for safety reasons and because there is only a limited capacity for carriage beyond that required for the free baggage.
The available capacity and required compliance with safety regulations are the factors involved in decisions regarding the transportation of excess and special baggage. For this reason, it can be restricted to a limited amount or completely excluded from transport.

(b) If special baggage that has not been booked is accepted by the check-in personnel as an exception to the existing rule listed in (a), it is subject to an additional service fee that must be paid directly at the airport.

(c) Fees for excess or special baggage capacity that was booked, but not used, cannot be refunded.

(d) Excess baggage costs an additional EUR 8.00 per kg, per route.

(e) Sporting equipment, such as diving equipment, skis/snowboards, surfboards, sailboards and other similar items up to a maximum weight of 30 kg can be transported on Freebird Europe flights for a processing fee of EUR 35.00 per piece, per route.

The price for sports baggage capacity that was booked, but not used, cannot be refunded. Sports baggage must be booked through the TUI fly Flight Portal Service Centre (for contact information, see section 2.2) before departure because there is only limited capacity available.

(f) Provided that musical instruments do not exceed the usual size and weight for carry-on baggage (dimensions of 55 x 40 x 20 cm, weight up to 8 kg), they can be transported in the cabin. The carriage of instruments that exceed the usual dimensions for carry-on baggage must be booked through TUI fly Flight Portal Service Centre and confirmed in writing (for contact information, see section 2.2). These instruments are transported only in the cargo area and must be properly packed (i.e. in a hard-shell case).

(g) Life jackets with CO2 cartridges, dive lights and diving scooters must be booked through the TUI fly Flight Portal Service Centre (see section 2.2 for contact information) and a specific, separate confirmation from Freebird Europe is required for carriage. To book a diving scooter, the safety data sheet for the battery must be submitted.

(h) The carriage of sporting firearms is restricted and subject to the carrier’s approval and terms. The carriage of sporting firearms may be refused without providing a reason.

Any accompanying ammunition must be packed securely and separately from the firearm; the airline must be notified and approval obtained. The passenger is responsible for complying with the import and export regulations governing the carrying of firearms and ammunition.

(i) Wheelchairs are carried free of charge; they must be booked through the TUI fly Flight Portal Service Centre in advance and confirmed in writing (for contact information, see section 2.2). Freebird Europe does not transport e-bikes. E-bikes are not considered to be mobility aids.

(j) Special medical baggage needed on holiday can be transported in the cabin or in the cargo area. In the cabin, the maximum dimensions for cabin baggage apply. Passengers must always notify the TUI fly Flight Portal Service Centre (see section 2.2 for contact details and costs) of such baggage, unless the item is to be carried on their person (e.g. crutches). The medical baggage must be packed separately and presented at check-in for inspection. Upon request, the passenger must provide a physician’s certificate.

The following types of special medical baggage are transported free of charge:

  • Respirators, asthma devices, inhalers
  • Oxygen for the passenger’s own use
  • Catheters
  • Dressings, bandages
  • Walking aids (e.g. crutches and wheeled walkers)
  • Wheelchairs, including accessories (subject to any applicable restrictions)
  • Personal hygiene items (e.g. nappies), stoma
  • Shower/WC seat, ramp for wheelchair users
  • Artificial limbs / prostheses
  • Physician’s emergency bag
  • Dialysis devices, defibrillators, compression therapy devices, nerve and muscle stimulators
  • Aspirators, irrigators
  • Medication, syringes, special foods

If the free baggage allowance is exceeded, all other medical aids (such as personal care products and items of clothing) can be transported for an excess baggage surcharge of EUR 8.00 per kg, per route.

(k) Packing special baggage
All special baggage must be packed separately in an adequate and suitable manner for transportation by air and such that it is protected from external and internal damage. Freebird Europe can reject special baggage if it is not packed in an adequate and suitable manner. Acceptance of baggage despite inadequate packing, which cannot always be recognized upon receipt, does not mean that Freebird Europe accepts any liability - secure packing remains the responsibility of the passenger, who also accepts the related risk.
Freebird Europe does not accept any liability for damage resulting from inadequate packing.

Bicycles must be packed accordingly; in addition, the handlebars and the pedals must be rotated inward and the chain and gears covered.
Scuba diving tanks must be completely empty.
Diving lamps may be transported in carry-on and in checked baggage. The power source (battery) and the light source (bulb) must not be connected.
The contents of the sports baggage may be checked by request of the check-in personnel.
Christmas trees must be packaged in a net for transportation.
 

(l) The baggage identification tag issued to the passenger serves as a record of the weight and number of pieces of special/sports baggage. The passenger's name must be on or affixed to the checked baggage. Violating this rule can result in exclusion of liability.

Checked baggage is transported with the same aircraft in which the passenger is transported unless the carrier has concluded that this type of carriage is not possible; in this case, the carrier shall transport the baggage on one of its next departing flights.

The checked baggage is delivered at the destination airport indicated in the baggage claim check. Passengers are obligated to keep the baggage claim checks until the baggage is in their possession and to pick up their baggage as soon as it is made available at the destination airport or at the location at which the flight ended.

Freebird Europe does not provide shuttle service for baggage to or from the airport. Freebird Europe does not accept any liability for third party baggage delivery services.

6.3 Carriage of animals
6.3.1 General information

Freebird Europe does not transport any animals in the aircraft’s cargo area, neither as freight nor as checked baggage. The transportation of pets is subject to the IATA Live Animals Regulations. In case of non-compliance with the following conditions of carriage, Freebird Europe is entitled to refuse to transport the animal(s). Freebird Europe does not accept any liability for any resulting additional costs. Freebird Europe only accepts small animals such as dogs, cats or small birds for transportation in the cabin. In general, the carriage of wild animals is prohibited.
 

6.3.2
Pets, including their weight, must be booked and confirmed during the booking process. The animal must be kept in a suitable and secure transport container provided by the passenger. Because the number of animals per flight is limited to 6, it is always required that animal carriage be booked and confirmed. Dogs and cats must be at least 10 weeks old. Transportation in the cabin requires a flexible, watertight, suitable carrying case/transport box that does not exceed the following dimensions: 55 x 40 x 20 cm. The maximum weight of the animal together with the carrying case/transport box is 8 kg. The animal’s head cannot be permitted to extend above the carrying case. The animal cannot leave the container for the entire duration of the flight. The container must never be placed on a seat, even if an extra seat is purchased. For the animal’s protection, each animal transport container must be suitable for air transport such that no internal or external damage to the container can occur. Freebird Europe does not accept any liability for damage resulting from an inadequate transport container. Assistance dogs are carried for free in the cabin without a transport container (see also section 6.4).

For safety reasons, those who are allowed to travel with a pet/animal in the cabin are not permitted to sit in the following seats. Seats in the first row, seats in the emergency exit row (XL seats) and seats on the aisle.

Freebird Europe does not accept any liability for possible health risks or injury to the animal during transportation in flight; acceptance for carriage is contingent upon the passenger taking full responsibility for the animal. The passenger is responsible for complying with all health inspections/documentation and requirements/paperwork necessary for the animal to enter the country of destination. The passenger alone shall be responsible for compliance with all conditions and restrictions associated with the import and export of animals. In general, the passenger is liable for all damage and consequential damage caused by the animal or its transportation.

The decision as to whether and how a respective animal can be transported in a particular case is incumbent upon Freebird Europe. The transportation of pets is subject to the booking and confirmation process through the TUI fly Flight Portal Service Centre (for contact information, see section 2.2). Freebird Europe does not transport unaccompanied animals, pregnant animals and animals that are not yet 10 weeks old.

 

6.3.3 Assistance dogs for disabled passengers
Assistance dogs for disabled passengers are transported in the cabin at no charge as long as the regulations of the respective countries are complied with and the dog is booked in advance through the TUI fly Flight Portal Service Centre (for contact information, see section 2.2).


6.4 Lithium batteries
The following additional rules apply for consumer electronic devices that operate with lithium-ion batteries (max. 100 Wh) or lithium-metal batteries (max. lithium content of 2 g):

  • Preferably, they should be transported in the cabin in carry-on baggage.
  • Devices transported in checked baggage must be shut off completely (i.e. not in standby mode or “sleeping”) and they must be protected against damage. Unintentional starting of the devices must be prevented.

If baggage that contains batteries (i.e. Smart Luggage with lithium batteries), the batteries must be able to be removed. Such luggage is only allowed to be transported as checked baggage if the battery is removed and carried separately in the carry-on baggage.

The following requirements apply for electronic devices with a capacity between 100 and 160 watt-hours:

  • The transportation of electronic devices with a capacity ranging from 100 to 160 watt-hours (e.g. professional cameras, mobile medical devices, portable chargers) requires advance notification and the consent of the respective airline.
  • Lithium-metal batteries are allowed to contain a maximum of 2 g of lithium, except in electronic medical devices, which may contain up to 8 g of lithium.
  • In addition, the transportation of lithium-ion batteries with a capacity from 100 watt-hours to a maximum of 160 watt-hours is only allowed with the permission of the respective airline. In this case, a maximum limit of 2 replacement batteries also applies.

For further details regarding the transportation of batteries, please see the web site of the German Federal Aviation Office (Luftfahrt-Bundesamt, LBA).

 

7. Responsibility and authority of the Pilot in Command

The Pilot in Command (Pilot) shall at all times be entitled to take all necessary safety measures. In this respect, the Pilot shall have full decision-making authority with regard to passenger seating as well as the loading, distribution, securing and unloading of baggage. The Pilot shall make all decisions concerning whether and how the flight is to be operated, whether and how deviations are to be made from the planned route, and where a landing or intermediate landing is to be made. The same applies if a passenger’s conduct, physical or mental condition is such that an unduly high level of assistance would be required on the part of the cabin crew.

 

8. Conduct on board the aircraft

8.1 Use of electronic equipment
On Freebird Europe flights, you can use small electronic devices with the transmission and reception functions disabled (flight mode) at all times during the flight. These include ebook readers, mobile phones, smartphones and PC tablets. To use these devices on board, please enable flight mode before take-off and leave it enabled for the duration of the flight. For larger devices such as laptops, all of the transmission and reception functions must be disabled before take-off and left disabled for the duration of the flight. Please note that these devices must be stored securely before take-off and during the landing procedure, so they cannot be used at these times. Depending on their size, other devices such as DVD/CD players, electronic games, cameras and MP3 players may be used on board during all phases of a TUI fly flight.

For safety reasons, the use of the following items is prohibited: mobile phones without a flight mode (please note that electronic devices that have transmission/reception functions but do not have a flight mode are not permitted to be used on board), broadcasting devices, television receivers, remote-controlled toys, UMTS, radio receivers, GPS receivers, end user devices with Bluetooth capability (wireless keyboards, headphones, etc.) and similar items. If you would like to use other electronic devices, please ask the cabin personnel before using them.

Before and during take-off and during the landing procedure, electronic devices must be stored such that they cannot injure third parties. In addition, larger devices must be stored securely in your carry-on baggage, below the seat or in the baggage compartments.

Replacement batteries (including portable chargers) are not permitted for transport in checked baggage, but must always be carried in carry-on baggage instead. They must also be protected from short circuiting (e.g. in a “battery box”).

Your attention is required as the safety instructions are given. For this reason, the use of all electronic devices is prohibited at this time. In addition, for safety reasons, the cabin crew can require that all electronic devices be switched off at any time. Among other situations, this applies for special approach procedures.


8.2 Safety measures taken by the crew
If a passenger’s behaviour before boarding the aircraft or while on board is such that

(a) the aircraft, persons or property on board are placed at risk; or
(b) the crew are hindered in performing their duties; or
(c) the crew's instructions are not followed, especially with regard to smoking, consumption of alcohol or drugs; or
(d) it results in harm or injury to, or an unreasonable burden being placed on, other passengers or crew,

Freebird Europe may take all reasonable and necessary measures required to prevent further consequences of a passenger’s conduct. Freebird Europe is entitled – if necessary and appropriate – to demand that the passenger leave the aircraft, and may refuse onward carriage to any location, or on all routes in the entire route network. Any such offences committed on the aircraft will be subject to both criminal and civil prosecution.


8.3 Non-smoking flights
The implementation of German federal non-smoking legislation requires that smoking be prohibited on board in all areas of our aircraft during the entire duration of the flight. This applies to electronic cigarettes as well. Violations of this non-smoking rule will be prosecuted immediately and can result in the interruption or even cancellation of the flight. The passenger causing the problem shall be responsible for any damages that result.

9. Restriction/refusal of transportation and baggage

(a) Freebird Europe is entitled to refuse, or prematurely discontinue, carriage or onward carriage of a passenger or the passenger’s baggage if one or more of the following occurs:

(I) If carriage would be in violation of the applicable law, regulations or requirements of the country of departure or destination or of the country in whose airspace the flight is (or would be) operated;

(II) If the passenger is medically unfit to fly:

(III) If the passenger commits a crime at check-in or while boarding or leaving or while on board the aircraft, either before take-off or during the flight:

(IV) If there is a reasonable suspicion that carriage would impair the safety, order or health of other passengers or crew members or would cause them an unreasonable burden;

(V) If the mental or physical condition of the passenger – including impairment caused by alcohol or drugs – constitutes a danger or risk to the passenger, to other passengers, or to crew members or property;

(VI) If the passenger refuses to subject to security screening or to allow his or her baggage to be screened. By request, the passenger must allow both checked and carry-on baggage to be examined by customs and other officials.

(VII) If the applicable fare or any taxes or other charges due and payable (including any from previous flights) have not been paid;

(VIII) If the passenger is not carrying all of the documents required to enter/exit the destination country, is not in possession of valid travel documents, destroys these documents during the flight or refuses to turn over the travel documents at the request of the crew in exchange for a confirming receipt;

(IX) If the passenger does not follow the regulations required for travel (e.g. passport, visa and health regulations, including regulations for pets traveling with the passenger);

(X) If the passenger fails to provide a booking number, or provides an incorrect one, or the booking for the booking number provided does not match the identification presented, or the passenger cannot prove that they are the person named in the booking;

(XI) If the passenger makes threats or expresses verbal abuse, or insults others, or threatens, insults or abuses members of the ground or cabin crew before or while boarding the aircraft, while on board, or while leaving the aircraft;

(XII) If the passenger makes a false bomb threat or hijacking threat or otherwise threatens security (or appears to do so) or attempts to do so;

(XIII) If the passenger contravenes safety instructions given by the Freebird Europe or instructions within the scope of domiciliary right, particularly with respect to smoking or the consumption of alcohol or drugs;

(XIV) If the passenger hinders the crew in the performance of their duties;

(XV)If the passenger is carrying restricted baggage;

(XVI) If the passenger has already committed one of the actions or omissions listed above, and in so doing, placed the safety, order or health of other passengers, crew members or property of Freebird Europe at risk, or if Freebird Europe has barred the passenger from its flights and premises.

In the cases listed above, Freebird Europe is entitled to take any reasonable measures required to prevent further consequences of such behaviour. Freebird Europe is entitled to demand such passengers to leave the plane, or to refuse onward carriage at any location or on all routes operated if this is necessary to ensure the safe operation of the flight and/or to protect the passengers and crew. Moreover, the Pilot in Command is authorized to take any other necessary and reasonable measures to maintain or restore safety and order on board. Passengers committing any unlawful acts on board will be prosecuted under criminal and civil law.

(b) The acceptance of unaccompanied minors, expectant mothers, those who are ill or other individuals requiring special assistance for transport is subject to prior agreement with Freebird Europe. Subject to the terms of section 4.6, Freebird Europe can require that a disabled person or a person with limited mobility be accompanied by another person who is able to provide the assistance this passenger needs.

10. Liability / Consumer dispute resolution

The liability of Freebird Europe and the TUI fly Flight Portal is based on the provisions specified in the GTCC.

At http://ec.europa.eu/consumers/odr/ the European Commission provides a platform for resolving consumer disputes online.

11. Amendments

No agency, employee or any other third party is entitled to amend or add to the STCC Freebird Europe or to waive their applicability.

 

 

12. Verbal agreements

The STCC Freebird Europe and the GTCC of the TUI fly Flight Portal contain all of the agreements 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 the STCC Freebird Europe and the GTCC of the TUI fly Flight Portal, the GTCC shall take precedence.

13. Severability clause

Should any individual provision be or become invalid, this shall not affect the validity of the remaining provisions.

 

14. Applicable law and legal venue

The contractual relationship between the passenger and the 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 business persons, persons who have no general legal domicile inside the country and persons who have transferred their residence or habitual abode to a place outside Germany after conclusion of the contract or whose residence or habitual abode is unknown when the lawsuit is filed shall be Hanover (Germany). This legal venue 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
HRB 55840 / Court of registration: District Court of Hanover
VAT No.: DE 171612631
Managing Directors: Olaf Petersenn, Stefan Baumert