General Conditions of Carriage (GCC) of Germania Fluggesellschaft mbH („Germania”)

Updated: 30th November 2017

1. Scope

These General Conditions of Carriage apply to all carriage of passengers and baggage including related services by Germania Fluggesellschaft (“Germania”) or its agents as well as to cost-free carriage and carriage at special rates, unless expressly stipulated otherwise. For airfares purchased through a flight tour operator, the respective operator’s general terms and conditions also apply. In the event of conflicts between these General Conditions of Carriage and any general terms and conditions, these General Conditions of Carriage shall prevail to the extent that they concern flight operations.

In case of a code share flight the general conditions of carriage of the operating carrier apply and shall prevail in the event of conflicts between these general conditions of carriage and those of the operatinig carrier. You will be noticed of the identity of the operating carrier at the time of the booking.

2. Check-in

Passengers must arrive at the check-in counter at a time that enables them to complete check-in and be in possession of a boarding pass no later than 45 minutes prior to the booked time of departure. Furhtermore the passenger shall present himself at latest 25 minutes – for flights to and from Lebanon, Israel, Iran and Iraq at latest 35 minutes – prior to departure at the boarding gate. In the event of late arrival, passengers have no right to demand carriage and will remain liable until completion of payment of the airfare. To meet its pre-boarding safety requirements, Germania recommends that all passengers arrive at the check-in counter no later than 90 minutes prior to the planned time of departure.

3. Carriage subject to complete and valid travel documents

Passengers are required to present their booking confirmation at check-in. All passengers including infants, children and youth must present valid official identification (passport, identity card, children’s passport, etc.) at check-in. For international flights, other travel documents may be required for entering or leaving the country of destination including visa, inoculation certificates, etc.

Passengers are personally responsible for carrying complete and valid travel documents, carriage documents and identification at the time of departure as required for their respective destinations. The same applies to other documents required for carriage including medical certificates, inoculation certificates, etc. for persons and animals. Germania may refuse carriage to passengers who present invalid and/or incomplete travel documents, do not meet the immigration laws of the country of destination or are unable to present country-specific carriage documents or certificates.

4. Transportation of baggage / free baggage allowance

Germania may refuse to accept baggage that is not adequately packed or closed in order to ensure secure carriage. Passengers are responsible for checking in only such baggage – including all items contained therein – that complies with the requirements for damage-free carriage by air. Germania recommends labeling baggage with the passenger’s name and address.
Carry-on items may not exceed a weight of 6kg or dimensions of 55cm x 40cm x 20cm. Due to limited space and safety requirements on board, the number of carry-on items is limited to one per passenger. Every excess carry- on item that exceeds the free baggage allowance or the dimensions will be charged at the boarding gate with EUR 50.00.

Unless special rules apply, for example those set out in charter agreements entered into with tour operators, checked baggage is limited to 20 kg per passenger. For flights to/from Lebanon, Israel and Iraq, the allowance for checked baggage is 25 kg for adults and children two years of age or older. On routes where the Premium Economy rate is bookable the free baggage allowance for checked baggage is 35 kg and for carry- on items is 8 kg for adults and children aged two years or older.

For security and occupational safety reasons, the weight of each piece of baggage may not exceed 32 kg, regardless of the applicable free baggage allowance. The free baggage allowance for infants less than two years of age is one piece weighing no more than 10 kg. For flights to/from Lebanon, Israel and Iraq, the allowance for checked baggage for infants up to two years of age is 5 kg. A stroller or buggy or child seat or travel bed may be carried at no additional charge per infant up to two years of age.

The baggage tag provided to passengers at check-in specifies the weight and the number of pieces of baggage. Passengers and their checked baggage will be transported on the same aircraft unless the air carrier deems such transportation not be executable, in which case the air carrier will transport the baggage on one of its subsequent flights, in compliance with security requirements (security check, baggage identification, etc.). Checked baggage will be handed over to the passengers at the airport indicated on the baggage tag. Promptly after delivery, passengers are required to collect their baggage at the destination or at the stopover airport. Germania does not offer baggage transportation services to or from airports. Germania may levy a fee for costs incurred for the storage of uncollected or unaccepted checked baggage.

5. Unacceptable baggage

The following items are unacceptable as carry-on items or checked baggage:

  • items likely to endanger the aircraft, on-board equipment or persons, including, but not limited to,
  • hazardous goods as set out in the regulations regarding dangerous goods such as explosives; compressed gas; corrosive, radioactive, oxidizing or magnetizing materials; materials that are easily ignited; poisonous or aggressive materials; as well as liquids of any kind;
  • items considered by Germania to be unsuitable for carriage due to their weight, dimension or nature;
  • explosive materials of any kind as well as fuel lighters (Zippos). Each passenger may carry one gas lighter.

Germania must be notified of all weapons being transported including, but not limited to, side arms or sprays prior to departure. Germania may, at its own discretion, accept weapons as checked baggage. All weapons must be unloaded and secured with a safety catch. Weapons and ammunition must be packed securely. Carriage of ammunition is subject to the regulations regarding dangerous goods stipulated by the ICAO and by IATA. For more information, please contact the Germania Service Center at servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088.

The aforementioned regulation regarding weapons does not apply to police officers who are required to carry arms to perform their official duties and who provide official identification at the time of check-in and at boarding. They may carry their arms when boarding the aircraft but must hand them over to the pilot in command during the flight. You will be provided with details when completing the mandatory registration by e-mail at servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088.

Passengers who carry any items that, judging by their shape or labeling, appear to be weapons, ammunition or explosive materials, must notify Germania of such items and present them prior to departure. Germania will accept such items as checked baggage or cargo only.

6. Unacceptable items in carry-ons

Plastic or metal toy guns, catapults, cutlery, razors with secured or open blades, conventional toys that could be used as weapons, knitting needles, rackets, billiard, snooker or polo sticks or other equipment for sports or other leisure activities that could be used as weapons including skateboards, fishing poles or paddles and all other sharp items are not allowed in the cabin. The same applies to nail scissors and files, tail combs as well as to syringes unless required for proven medical purposes during flights in which case Germania must be notified in advance. Carrying any of the aforementioned items in the cabin is prohibited in all cases; however, if packed securely, they may be transported as checked baggage exclusively. On (connecting) flights departing from Switzerland or an EU country, the amount of liquids allowed to be taken into the cabin is limited.

Liquids and gels including toiletries and cosmetic products in carry-on items are subject to the following restrictions:

  • The maximum volume of containers with liquids and similar products may not exceed 100ml (the labeled maximum fill amount applies).
  • All containers must be carried in one transparent, re-closable plastic bag (Ziploc bag) with a maximum volume of one liter.
  • The number of such bags is limited to one per passenger.
  • Bags must be presented separately at security checks.
  • Medication and special food (e.g., baby food) required during flights need not be transported in a plastic but must also be presented at security checks.

Items and bags that do not comply with the aforementioned regulations may not be taken on board. Countries other than Switzerland and EU countries have adopted the same or similar regulations. For more information, please contact the Germania Service Center at servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088.

Passengers may carry on board duty-free items purchased at airports in the EU or on board an aircraft of an EU airline in a sealed bag and must provide the purchase receipt issued on the day of the flight. The points of sale are responsible for sealing duty-free items in bags.

7. Unacceptable items in checked baggage

Checked baggage may not contain any items that are dangerous or unsafe or not suitable for carriage because of their weight, size or nature, perishability (e.g., food), their fragility or particular sensitivity. Germania recommends expressly that passengers store items of special value, for example, money, jewelry, precious metals, gems, laptops, cameras, mobile phones or other electronic devices, securities as well as documents, samples, personal identification documents, keys or medicine in their carry-ons. Germania may refuse carriage of such items in checked baggage and will assume limited liability only (see Article 22 below).

8. Special and excess baggage, sports baggage

The carriage of baggage exceeding the allowance including, but not limited to, due to its weights or dimensions or other reasons that make its transportation difficult (e.g., animals or weapons) as well as sports baggage is subject to a fee and its transportation has to be confirmed in advance by Germania. Please be aware of the remarks on our homepage www.flygermania.com/en-gb/planen/gepaeck/sondergepaeck/. The transportation of sports or special baggage is subject to the condition that the baggage is packed up in a designated packaging or box. Sports baggage needs to be packed up and checked- in separately from other checked- in baggage. Sports baggage. It is only allowed to pack up sports equipment in the sports baggage. Any baggage containing sports equipment as well as clothes or other luggage will be charged by Germania as sports baggage.

The general booking and travel terms and conditions of the responsible flight tour operator also will apply. Such fees must in any case be paid before departure; otherwise, passengers are not entitled to have such baggage transported. All special and excess baggage must be registered with the Germania Service Center by e-mail servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088.

Passengers only are entitled to have such baggage transported after Germania has confirmed carriage in writing based on available capacities and compliance with security requirements. This means that Germania can request passengers to limit the number of such pieces or can refuse to transport such baggage at all.

Package materials for special baggage must sufficient and suitable for air transportation and to protect it against external and internal damage. Germania may refuse carriage of special baggage if the packaging does not comply with the requirements. Germania will not assume liability for items accepted for carriage despite unsuitable packaging that was not detected at the time of acceptance, and the passenger will remain responsible and liable for suitable packaging.

Bicycles must be checked in suitable packaging with the handlebar turned inwards, the front wheel locked, the pedals removed and the tires deflated. Golf bags and other sports equipment must be checked in packaging suitable for carriage.

Carriage of animals is subject to additional requirements. For security and space reasons, animals only will be transported if registered in advance by e-mail servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088 at the time booking and when such registration has been confirmed in writing by Germania. Germania can decide at its own discretion on whether and how animals shall be carried. The general booking and travel terms and conditions of the flight tour operators also apply.

Officially acknowledged service dogs travelling in the company of disabled passengers will be transported in the cabin at no additional costs. For security and space reasons, service dogs only will be transported if registered in advance by e-mail servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088 at the time of booking and when such registration has been confirmed in writing by Germania. Transport of animals to the United Kingdom, Ireland, Malta and Sweden is subject to very strict regulations.

Up to two wheelchairs or mobility aids for disabled passengers will be transported in the cargo compartment at no additional cost. The two wheelchairs or mobility aids should be collapsible. Transportation of battery-operated wheelchairs or mobility aids may be impossible due to the size of and the mandatory weight restrictions for the cargo compartment. Please note that battery-operated wheelchairs can only be transported in an upright position; it may therefore not be possible to fit them through the cargo compartment door. In addition, loading or unloading battery-operated wheelchairs at the airport may not be possible for the lack of adequate equipment. Therefore and for reasons of compliance with dangerous goods regulations (transport of wet-call batteries is prohibited, while dry-cell and gel batteries are permitted), passengers are entitled to demand transportation of wheelchairs or mobility aids only when registered no later than 48 hours before take-off by e-mail servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088 indicating the measurements and weight and when confirmed by Germania in writing.

Germania does not assume liability for damage occurring to special or excess baggage on its flights if the nature of such baggage makes it prone to damage. Article 22 par. 2 sentences 2 and 3 of the Montreal Convention remain unaffected. They stipulate a higher liability limit for baggage in the event the passenger makes a special declaration no later than at baggage check-in and pays the requested supplementary sum. Passengers checking in such fragile baggage (electronic devices, flat screens, etc.) are required to sign a waiver at check-in by which they acknowledge having been informed of the fragile nature of their baggage and release Germania and the respective flight tour operator of all liability.

9. Damaged or lost baggage

Liability for damages resulting from baggage destroyed, damaged, lost or delayed during carriage is subject to the liability directive of the Montreal Convention of 28 May 1999, implemented in the EU through Directive (EC) No. 2027/1997 in the version set out in Directive (EC) No. 889/2002 and through national law. The limitations of liability set out in Article 22 of these General Conditions of Carriage apply.

Germania recommends that passengers take out baggage insurance.

Germania is not liable for loss of recreation and/or for compensation in the event of damaged, lost, destroyed or delayed baggage. Passengers are not entitled to claim a reduction in airfare in compensation for damaged, lost, destroyed or delayed baggage.

If the weight of the checked baggage is not indicated on the baggage tag, it is hereby agreed that the total weight of the checked baggage does not exceed the admissible free baggage allowance for the corresponding carriage class.

Germania and the flight tour operator are not liable for damage resulting from items packed in baggage. If items packed in a passenger’s baggage cause damage to another passenger’s baggage or to property belonging to Germania, the owner or passenger to whom the baggage causing the damage belongs will be liable for the damage.

If a passenger carries prohibited items in checked baggage, damage to baggage resulting from mandatory security checks is excluded from liability regulations due to the passenger's culpability.

10. Reporting damaged or lost baggage

Passengers must report damaged or lost baggage immediately to Germania’s handling agent (“Lost & Found”) at the destination airport by submitting a damage report, or by sending such a report to Germania Fluggesellschatf mbH Riedemannweg 58, 13627 Berlin, Germany by Fax +49 (0) 30 610 818 088 or E-Mail to lostandfound@germania.aero. Information on lost baggage will be entered into the global electronic search system. Passengers who report lost or damaged baggage after having left the airport premises must furnish proof that such loss or damage did not occur between the baggage handover after the flight and the time the report was made.

If the owner of a baggage tag accepts his/her baggage at handover without filing a written complaint, until proven otherwise it will be assumed that the baggage was in a good condition and was delivered according to the carriage agreement. Here it is assumed that suitcases or other baggage serve to protect their contents and must be able to sustain pressure and scratches or minor dents are deemed to be normal wear and tear. Germania does not offer baggage delivery service to or from airports. Germania may levy a fee for costs incurred for the storage of uncollected or unaccepted checked baggage. In addition, reference is hereby made to the remarks in Article 22 of these General Conditions of Carriage in particular with regard to liability limits and exclusion.

11. Carriage of infants, children and youth

Allocation of passengers to the carriage categories specified above depends on their age at the time they embark on the booked flight.

For health reasons, babies will not be carried up to 48 hours after their birth, and a medical certificate must be presented for babies up to seven days of age.

One adult must accompany each respective infant aged two years or younger. Adults accompanying an infant aged two years or under who are not the legal guardian of the child in question must present the written consent of one of the infant’s legal guardians (see form “Parental consent for infants (0-4 years of age) travelling alone”) at check-in.

Germania charges 10 % of the regular net airfare for carriage of infants aged less than two years who are not entitled to a seat. For infants under two years of age, the free baggage allowance is one piece weighing no more than 10 kg. For flights to/from Lebanon, Israel and Iraq, the checked baggage allowance for infants up to two years of age is 5 kg. Per infant up to two years of age, a stroller or buggy or child seat or travel bed may be carried without additional cost.

If no other child-restraint system (“CRS”) is used, pursuant to AIR OPS, CAT.OP.MPA.225 and AIR OPS, CAT.IDE.A.205, infants flying on Germania aircrafts must sit on the lap of the accompanying adult and must be secured with a loop belt available on the aircraft. Such belt must be attached to the safety belt used by the accompanying adult.  In addition to loop belts, Germania accepts other CRS for infants and children but does not provide for any CRS other than loop belts. Passengers who wish to use a different CRS will be required to bring their own. If a CRS other than a loop belt is to be used to secure an infant, a seat for the infant at the price of a child’s airfare must be booked.

CRS other than loop belts used on Germania aircrafts must

  • not be wider than 43cm;
  • be officially approved for the use of two-point belts (pelvis belts);
  • be approved by the responsible authority of a JAA members state, by the FAA or by Transport Canada for exclusive use in aircrafts and must be marked accordingly;
  • be approved for motor use in vehicles in compliance with UN Regulation ECE R 44, -03 or a later version;
  • be approved for motor use in vehicles and aircrafts in compliance with the Canadian CMVSS 213/213.1;
  • be approved for use in motor vehicles and aircrafts in compliance with the US Norm FMVSS No. 213 and must be marked with a sticker saying THIS CHILD RESTRAINT SYSTEM CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS and THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFTS in red letters.

In compliance with the instructions of the cabin crew, the accompanying adult must use the seat directly next to the CRS and is responsible for correctly attaching the CRS to the seat as well as for securing the infant with the CRS.

The cabin crew can refuse the on-board use of a CRS despite a confirmed booking when compliance with the safety requirements cannot be warranted (e.g., when the CRS is defective or cannot be attached to the aircraft seat).

Experience has shown that the following models bearing the TÜV Rheinland seal. For use in aircraft are particularly suitable:

  • Maxi Cosi Mico
    ID no.: 8011000571
    Weight: 0 to 10kg
    Height of the child: 75cm maximum
  • Storchenmühle Maxi
    ID no.: 2711305500mum
    Weight: 0 to 10kg
    Height of the child: 75cm maximum
  • Maxi Cosi Citi
    ID no.: 8811410300
    Weight: 0 to13kg
    Height of the child: 75cm maximum
  • Römer King Quickfix
    ID no.: 8811400300
    Weight: 9 to 18kg
    Height of the child: 98cm maximum

Registration

All CRS must be registered no later than two business days prior to departure by e-mail servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088.

Each child between 2 and 5 years of age must be accompanied by a person aged 16 or older. Adults accompanying a child between 2 and 5 years of age who are not the child’s legal guardians must present the written consent of one of the infant’s legal guardians (see Germania form “Elterliche Zustimmung für alleinreisendes (Klein-) Kind (0-4 Jahre)/ Parental consent to infants (0-4 years of age)”) at check-in. Unaccompanied children between 5 and 11 years of age must be registered with Germania by e-mail specialservices@germania.ch, Tel. +41 43 508 3489 or Fax +41 43 508 6382 no later than two business days prior to departure. For safety reasons, the total number of unaccompanied children under the age of 12 on a single given flight is limited. Unaccompanied minors only have a right to carriage with Germania’s prior written confirmation.

Carriage of unaccompanied children between 5 and 11 years of age is subject to the provision of the written consent of one legal guardian (see Germania form “Elterliche Zustimmung für alleinreisendes Kind (5-11 Jahre)/ Parental consent to children (5-11 years of age) travelling alone”) at check-in.

Please be sure to consult regulations applicable in various different countries. Carriage of unaccompanied children is subject to a fee of EUR 50 per route. Carriage of unaccompanied children ages 12 through 17 is subject to the provision of the written consent of one legal guardian (see Germania form “Elterliche Zustimmung für alleinreisende Jugendliche (12-17 Jahre)/ Parental consent to adolescents (12-17 years of age) travelling alone”) at check-in.

IMPORTANT: In some cases a completed authorization form signed by a legal guardian must be provided for children and adolescents under 18 years of age if they are to leave the home country (kidnapping prevention). Passengers are responsible for carrying the required documents. Germania may refuse carriage if such documents are not provided. Valid identification (children’s passport) must be presented for children and infants.

MPORTANT: Germania will not provide chaperones or supervisors for minors during check-in or during flights and does not assume liability for the consequences of the lack thereof.

12. Carriage of pregnant passengers

Pregnant women may travel up to completion of the 36th week of pregnancy subject to the provision of a medical certificate (maternity log) indicating the stage of the pregnancy. Germania reserves the right to refuse carriage to passengers after the 36th week of pregnancy. This rule applies to the outbound flight if the return flight falls in the aforementioned period. For health reasons, Germania recommends consultation with a physician prior to departure.

13. Carriage of passengers with reduced mobility (PRM)

„Persons with reduced mobility or disabled person” means any person whose mobility is reduced when using means of transportation because of any physical disability (sensory or locomotory, permanent or temporary), intellectual impairment, age or any other cause of disability, and whose condition requires special attention and adaptation of the services made available to all passengers to suit the person’s needs. To comply with applicable security requirements set out in international, EU or national laws or stipulated by the Swiss Federal Office of Civil Aviation, Germania reserves the right to demand that disabled passengers and passengers with reduced mobility who are unable to take care of themselves adequately on board the aircraft be accompanied by a person able to provide the required assistance. All such accompanying persons must pay the airfare in full.

For safety reasons, medical aids and devices as well as medicine for personal use must be registered by e-mail servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088 and, provided they are not deemed to be carry-on items, will be carried in the cargo compartment at no additional cost when a medical certificate has been provided, when carriage thereof is in compliance with the law and when Germania has given its approval in writing and depending on the aircraft capacity and security regulations. Disabled passengers can bring their service dogs into the cabin. Carriage of officially acknowledged service dogs is free. Article 8 of these General Conditions of Carriage also applies. Transport of animals to the United Kingdom, Ireland, Malta or Sweden is subject to very strict regulations. Passengers must notify Germania in advance of all assistance services required by e-mail servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088. The same applies to passengers with impaired vision traveling accompanied by an assisting person.

Since the number of passengers with reduced mobility per flight is limited for safety reasons, Germania strongly recommends passengers to provide the relevant information at the time of booking and no later than two business days prior to departure by e-mail servicecenter@germania.aero, Tel. +49 (0) 30 610 818 000 Fax +49 (0) 30 610 818 088.

14. Non-smoking flights

Smoking is prohibited on all flights operated by Germania.

15. Safety provisions / electronic devices

For safety reasons, passengers may not use any electronic devices during take-off or landing. The use of mobile telephones is prohibited for the duration of the flight. Any other electronic devices may only be used with the permission of the cabin crew.

16. Alcoholic beverages

Passengers may not drink any alcoholic beverages on any flight operated by Germania unless served by a crew member.

17. Conduct aboard the aircraft

In case of passenger misconduct aboard the aircraft which

  • endangers the aircraft, persons or items on board;
  • obstructs crew member in the performance of their duties;
  • fails to comply with any of the crew’s instructions in particular with respect to smoking or the consumption of alcohol or drugs; and/or
  • causes unreasonable discomfort, damage or injury to other passengers or crew members,

Germania may take such required and reasonable measures necessary to prevent the further consequences of such conduct. If required and reasonable, Germania can remove the passenger from the aircraft; refuse carriage on connecting flights at any location or on all routes. Germania reserves the right to initiate criminal or civil law action for such conduct.

18. Authority of the pilot in command

The pilot in command is authorized to take all required safety measures at any time.  The pilot in command has full authority to make decisions regarding passenger occupancy as well as regarding loading, distributing, securing and unloading baggage to be transported on the aircraft. The pilot in command also makes all decisions regarding if and how the flight is operated, regarding deviations from the planned route, and regarding landings and stopovers. This also applies in the event that a passenger's conduct, condition or mental or physical state would require undue support by the cabin crew. The responsible passenger must reimburse Germania for all reasonable costs incurred in connection with an unscheduled landing necessitated by such reasons.

19. Restricting/refusing carriage

Germania can refuse or discontinue carriage of passengers and/or their baggage when one or more of the following cases apply:

  • carriage would violate applicable laws, provisions or ordinances of the country of departure or destination or of the country that is overflown;
  • carriage would jeopardize the safety, order or health of other passengers or of the crew members or would mean an unreasonable burden on other passengers or on crew members;
  • the passenger’s mental or physical state including due to alcohol or drugs poses a risks to the passenger, other passengers, to crew members or items on board;
  • the passenger refuses to submit him-/herself or his/her baggage to the necessary security checks;
  • the airfare, taxes or supplementary fees, including those for previous flights, have not been paid;
  • the passenger does not carry all the required travel documents, carries invalid travel documents, destroys his/her personal travel documents during a flight, or refuses to provide the travel documents on request by a crew member who provides acknowledgement of receipt;
  • the passenger provides no booking confirmation or an incorrect booking confirmation or if the booking confirmation the passenger provides is not identical with the identification provided by the passenger or if the passenger cannot demonstrate that he/she is the person for whom the flight was booked;
  • the passenger violates security-relevant instructions given by Germania crew or instructions related to the domiciliary rights of the flight tour operator or Germania’s;
  • the passenger carries unpermitted baggage;
  • the passenger previously has committed one of the actions or omissions cited above that jeopardized the safety, order or health of other passengers or of the crew members or of property belonging the flight tour operator or Germania or if a flight tour operator or Germania have banned the passenger from their respective premises;
  • Carriage of unaccompanied minors, pregnant persons, ill persons or persons requiring special assistance is subject to the fulfillment of the provisions stipulated by Germania in these General Conditions of Carriage.

20. Refusal to operate flights

Germania can decide not to operate a flight if such operation would be complicated, jeopardized or affected substantially by incidents of force majeure (war, terrorist unrest, natural disasters), strikes by airport personnel or by other third parties required for operating flights, customs or passport officers, etc., poor weather, unexpected flight safety defects, safety risks or official decrees unforeseeable at the time of booking and for which Germania is not responsible and which Germania cannot influence.

21. Note pursuant to Directive (EC) No. 261/2004 regarding passengers’ rights in the event of denied boarding and of cancellation or long delay of flights

The following is a summary of the rules of liability to be applied by EU airlines pursuant to EU laws in the event of cancelled or delayed flights and/or of denied boarding. Directive (EC) No. 261/2004 does not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public; it only applies to passengers who have a confirmed reservation on the flight in question and, except in the case of cancellation, present themselves for check-in in a timely manner and who travel at a fare available to the public. Passengers will not be entitled to the compensation specified below if the incident was caused by exceptional circumstances that could not have been prevented even if all reasonable measures had been taken (e.g., poor weather, political instability, strike, safety risks, unexpected flight safety defects). Passengers are not entitled to such compensation when they are denied boarding for justified reasons including personal health, general or operational safety or inadequate travel documents.

Pursuant to Directive (EC) Nr. 261/2004, delay refers to a flight delayed beyond its scheduled time of departure four hours in the case of flights of 3,500km or more, three hours in the case of flights between 1,500 and 3,500km and flights of more than 1,500km within the EU, and two hours in the case of flights of 1,500km or less. In the event a flight is reasonably expected to be delayed for a long time, passengers are entitled to receive assistance from the airline including meals and refreshments in a reasonable relation to the waiting time, hotel accommodation in specific cases and two short telephone calls, fax messages or e-mails. The airline is not required to provide such assistance if the provision thereof would cause further delay of the departure.

In the event of delays exceeding five hours, passengers have the right to be reimbursed for the costs of the ticket in full, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity. Travel packages also are subject to the provisions of Directive (90/314/EEG), meaning that the cancellation fees could be very high in case of cancellation. In the event of voluntary or involuntary denied boarding due to overbooking, passengers are entitled to claim assistance from the airlines as well as reimbursement as specified above. In addition, passengers will be offered alternative carriage to the final destination of their booked flight. Such alternative carriage will be executed at the earliest possible time and under comparable conditions. Subject to available seats, passengers can choose to travel at a later time to their final destination; in this case the passenger assumes the costs for meals, hotel accommodation and transfer. Passengers who have been denied boarding involuntarily are entitled to compensation (in cash, by check, by bank transfer or, with the signed agreement of the passenger, in travel vouchers). The amount of such compensation will depend of the length of the scheduled route and the alternative carriage offered. Passengers are entitled to receive compensation amounting to EUR 250 for all flights of 1,500km or less; EUR 400 for all flights within the EU of more than 1,500km, and for all other flights between 1,500 and 3,500km; and EUR 600 for all other flights.

When passengers are offered re-routing to their final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked by two hours, in respect of all flights of 1,500km or less; or by three hours, in respect of all flight within the EU of more than 1,500km and for all other flights between 1,500 and 3,500km; or by four hours, in respect of all other flights not falling, the airline may reduce the compensation by 50%, that is, EUR 125, EUR 200 or 300 EUR. If a flight for which a passenger has a confirmed booking has been cancelled, the passenger also is entitled to request alternative carriage, assistance and compensation as specified above.

Passengers are not entitled to compensation if a flight was cancelled due to extraordinary circumstances or if they were notified of the cancellation 14 days or more prior to departure of the booked flight, if they were notified of the cancellation between 14 and seven days prior to departure of the booked flight and if the departure of the alternative flight is not more than two hours before the original time of departure or the arrival is not later than four hours after the planned time of arrival, or if they were notified of the cancellation less than seven days prior to departure of the booked flight and if the departure of the alternative flight is not more than one hour before the original time of departure or the arrival is not later than two hours after the planned time of arrival. The responsible claims department for Germany pursuant to the aforementioned Directive is the Luftfahrtbundesamt, Hermann-Blenk-Straße 26, 38108 Braunschweig.

22. Note according to Appendix to the Regulation (EC) 2027, version of the Regulation (EC) 889/02: Liability of airline companies for passengers and their baggage.

These notes summarise the liability regulations which shall be used by the airline companies in the Community according to legal regulations of the Community and the Montreal Agreement.

Compensation in the event of death or personal injury

There is no maximum amount for the liability in the event of death or personal injury of passengers. For damages up to the sum of 113,000 SDR (rounded sum in national currency: approx €127,000), the airline company cannot levy exemptions against demands for compensation. Demands over this amount can be abandoned by the airline by proving that it has acted neither negligently nor culpably.

Advance payments

If a passenger is killed or injured, the airline company shall pay an advance payment within 15 days from declaration of the person entitled to damages in order to cover the immediate financial needs. In the event of death, this advance payment will amount to no less that 16,000 SDR (rounded sum in national currency: approx €18,070).

Delays with the carriage of passengers

The airline company is liable for damage through delay with the carriage of passengers, unless it has taken all reasonable measures to avoid damages or taking these measures was impossible. The liability for damages due to delays when transporting passengers is restricted to 4,694 SDR (rounded sum in national currency: approx €5,300).

Delays with the carriage of baggage

The airline is liable for damages through the delay in transportation of baggage unless all reasonable measures were taken in order to avoid damages or taking these measures was impossible. The liability for damages due to delays when transporting baggage is restricted to 1,131 SDR (rounded sum in national currency: approx €1,277).

Destruction, loss or damage of baggage

The airline is liable for the destruction, loss or damage of baggage up to a sum of 1,131 SDR (rounded sum in national currency: approx €1,277). A no-fault liability exists for checked baggage provided that the baggage was not faulty prior to this. For cabin baggage the airline is only liable for culpable conduct.

Higher limits of liability for baggage

A higher limit of liability applies if the passenger provides a specific explanation when checking-in the baggage and pays the requested surcharge.

Complaints about baggage

The passenger shall file a report in writing to the airline as soon as possible in the event of damage, delay, loss or destruction of baggage. In the event of damage to checked baggage, the passenger must file a report in writing within seven days, for delayed baggage within 21 days after it has been provided to them.

Liability of the contractual and performing airline company

If the performing airline is not identical to the contractual airline, the passenger can direct their report or claim for compensation to any of the two businesses. If the name or code of an airline is indicated in the flight ticket this is the contractual airline.

Periods for filing action

Judicial lawsuits for compensation must be raised within two years, beginning with the day of the arrival of the airplane, or the day on which the airplane should have arrived.

Basis for this information

These stipulations are based on the Montreal Agreement from 28 May 1999, which was implemented in the European Community by the Regulation (EC) No. 2027/97 in the version changed by the Regulation (EG) No. 889/2002 and by national regulations of the member states.

Note: These details according to Clause 20 and 21 are required according to Regulation (EC) No. 889/2002 and/or Regulation (EC) No. 261/04. These details however represent no own basis for a claim nor can they be used to interpret the conditions of the Montreal Agreement or to interpret the Regulations named.

23. Changes

No agency, employee or other third party has the right to amend or to supplement these carriage conditions or to waive their application.

The German version of these Conditions of Carriage is binding and this English version is provided for convenience only.

24. Dispute resolution

Germania takes part in the out-of-court dispute settlement procedures at Schlichtungsstelle für den öffentlichen Personenverkehr e. V. (SÖP). The services of SÖP are at your disposal after you have received a letter of refusal or at least 2 months have passed after the receipt of your complaint. Please note that SÖP will only deal with your complaint in case your complaint is not already dealt with at any court.

Contact:

söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V.
Fasanenstraße 81
10623 Berlin
Telephone: +49 (0)30-6449933-0 (Monday to Friday 10 am to 4 pm)
Fax: +49 (0)30-6449933-10

soep-online.de/beschwerdeformular-flug.html

Terms of Carriage of Germania Fluggesellschaft mbH

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