Terms of Carriage (GCC) of Germania Fluggesellschaft mbH ("Germania")

1. Applicability

These Terms of Carriage apply for any carriage of passengers and baggage, including the services in connection with this, by Germania Fluggesellschaft mbH (“Germania”) or its vicarious agents. These Terms of Carriage also apply for carriage which is free of charge or carriage under special conditions, unless something else is agreed otherwise.

The Germania Terms and Conditions as well as those of the “tour operator”, should the booking be made through them, additionally apply. In the event of a discrepancy, the Germania Terms of Carriage apply insofar as they concern the operational execution of the flight.

2. Check-in

The passenger is to appear at the check-in desk sufficiently early in order to be checked-in and possess a boarding card at the latest 45 minutes prior to scheduled departure time. Should the passenger fail to show up on time, the passenger is not entitled to travel and remains obliged to pay the full flight fare.

We recommend you check-in at least 90 minutes before the scheduled departure time in order to fulfill the existing security requirements.

3. Transportation only possible upon presentation of complete valid travel documents

Booking confirmation must be presented when checking in. All passengers, including teenagers, children and infants must present valid, official photo identification (personal identification/passport/child passport etc.). Further travel documentation, which may be necessary for the inward/outward flight to the destination country have to be presented for international flights (Visa, vaccination certificates and the like). Every passenger is personally responsible for carrying with them the valid and complete travel documentation, transportation documents and identification papers which correspond with the conditions for the respective destination. The same applies for other documents which are essential for travel, such as certificates, vaccination certificates etc. (also for animals carried). Germania is authorised to refuse carriage if the travel documentation is not valid and/or is incomplete, if the conditions of entry of the destination country are not fulfilled or if country-specific carriage documents/proof are not present.

4. Transportation of luggage/free luggage

Germania can refuse to accept baggage if it is not packed and closed in a way that it ensures safe transportation. The passenger is responsible for organising their baggage so that the baggage as well as all objects contained in it conform to the requirements of a flight, without causing damage. It is recommended that the passenger tag their name and address on the baggage. The baggage allowance for hand baggage is 6kg and with maximum dimensions of 55cm x 40cm x 20cm. Due to the limited space and for security reasons, only one piece of hand baggage per passenger is permitted. The baggage allowance for checked baggage is 20kg per passenger, unless special regulations (e.g. charter agreements) determine otherwise. On flights to/from Iran, Iraq, Israel and Lebanon the normal baggage allowance for adults and children (2 years or older) is 25kg. Adults and children (2 years or older) booked in „Premium“ tariff (on selected routes only) have an increased checked baggage allowance of 35 kg as well as a hand baggage allowance of 8kg.

Every single piece of checked baggage is permitted a maximum weight of 32 kg regardless of the baggage allowance, due to security and occupational safety reasons. Infants (up to 2 years old) have 10kg of baggage and one baby buggy or stroller or child car seat or portable playard free of charge. On flights to/from Iran, Iraq, Israel and Lebanon the normal baggage allowance for infants under 2 years and children is 5kg. Proof of checked baggage in terms of weight and amount is stated on the baggage tag received at the check-in, which the passenger carries with them.

Checked baggage is carried in the same aircraft as the passenger unless the air carrier does not consider such transport to be feasible; as a last resort, the air carrier will transfer the baggage to the next prospective flight, taking into account the security conditions (security check; baggage identification). The checked baggage is issued at the destination airport stated on the baggage tag. The passenger is obliged to reclaim their baggage at the destination airport or wherever the flight stops over as soon as it is issued. Germania does not offer any delivery service for baggage items to and from the airport. If the checked baggage is not collected or the acceptance refused, Germania reserves the right to demand storage costs which may arise, if necessary.

5. Generally banned luggage

The passenger may not include in their baggage (neither as checked nor hand baggage):

  • Items which are likely to endanger the aircraft, equipment or persons on board, particularly explosive material, compressed gases, oxidizing, radioactive, corrosive or magnetising material, easily flammable material, poisonous or aggressive material and, moreover, any type of liquid material i.e. all items or substances which are classified as a dangerous substance according to conditions of the dangerous goods regulation
  • Items which are deemed inappropriate for carriage by Germania due to their weight, size or typ
  • Explosive material of any type. Petrol lighters (“Zippos”) are banned. The passenger may carry a gas lighter on their person

The carriage of weapons of any type (especially firearms, cutting weapons, thrust weapons as well as high pressure sprays) shall be indicated to Germania before departure. The weapons can be carried by Germania at its own discretion as checked baggage. The weapons must be unloaded and be equipped with a security lock. Weapons and, if applicable, ammunition must be packed safely. The carriage of ammunition is subject to the dangerous goods regulations of the ICAO and IATA. Further information is available from Germania under the telephone number: +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad).

Police officers who show their service card when checking-in and entering the aircraft are an exception to the carriage of the weapons. Should they have to carry a weapon on them in order to fulfill their official obligations, the police officers shall hand their weapons over to the flight captain during the flight. You can find out all details regarding the necessary registration from Germania at servicecenter@ germania.aero or via telephone: +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) or via fax: +49 (0) 30 610 818 088.

Should the passenger be carrying items which may look like weapons, ammunition or explosive material in terms of their shape or marking, this shall be indicated and shown to Germania. Germania only permits the carriage of such items as checked baggage or freight.

6. Items banned in hand luggage

Toy weapons (plastic or metal), catapults, cutlery, razor blades (with safety razors as well as open blades), standard toys which could possibly be used as a weapon, knitting needles, sports equipment (pool cues, snooker cues, polo sticks) and other sports and leisure equipment which can be used as a weapon (e.g. skateboard, fishing rods or paddles) and all other sharp objects are not permitted in the cabin. This also applies to nail scissors, files, tail combs and syringes (except for proven medical purposes during the flight which has to be registered prior to the flight). The carriage of the items and/or substances named in the cabin is always forbidden; they may be carried exclusively in checked baggage, if packed safely. On flights and connecting flights which start in the EU, only restricted amounts of liquid may be carried in the cabin.

Fluid and gel-like products e.g. toiletries and make-up are only permitted in hand baggage provided that they conform to the following conditions.

  • containers with liquids and similar products may have a maximum volume of 100ml (the imprinted maximum volume applies)
  • all individual containers must be carried in a transparent, re-sealable 1 litre plastic bag (e.g. so-called “zipper”)
  • only one bag can be carried per person
  • the bag must be presented separately at the security check
  • Medicine and special food (e.g. baby food), which are required on board during the flight can be carried outside the plastic bag. These items must also be presented to the security check.

Items and bags which do not conform to the requirements may not be taken on board.

Various non-EU states have issued identical or similar regulations. More detailed information can be requested from Germania under +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad).

Duty free items which were purchased in airports in the EU or aboard an aircraft of an EU airline may be carried in a sealed bag, provided a receipt from the same day is presented. The items are sealed at the point of sale.

7. Items banned in checked luggage

Items which are dangerous or unsafe or are inappropriate due to their weight, size or type or due to their perishability (e.g. food stuffs), fragility or their particular sensitivity to transport may not be carried in babaggage which is to be checked in; we strongly recommend to carry items which are particularly valuable such as money, jewelry, precious metal, gemstones, laptops, cameras, mobile phones or other electronic equipment, securities as well as other articles of value or documents, samples, identification papers, house/car keys or medicine in hand baggage. Germania may refuse carriage as checked baggage and is only restrictedly liable (Clause 21).

Smoking (including conventional cigarettes, electronic- or other artificial forms of smoking) is strictly prohibited on board the aircraft. Electronic cigarettes, including spare batteries, are to be carried in hand luggage only. It is prohibited to carry these articles in the checked baggage.

8. Special baggage and excess baggage

Baggage which is not included in the baggage allowance due to its weight, its bulkiness or other difficulties for carriage (e.g. animals or weapons) is subject to charges. In addition, the general booking and travel conditions of the “tour operator” apply.

Fees shall always be paid before departure; otherwise the passenger has no right of carriage for the baggage. Each item of special baggage and also excess baggage is subject to the obligation of registration via Germania at servicecenter@ germania.aero, telephone: +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) fax: +49 (0) 30 610 818 088.

Written confirmation from Germania is required for the baggage to be carried as the available capacity and compliance with the security conditions are the basis of the decision-making for carrying such baggage. Part of or the whole of the baggage can therefore be refused transport.

All special baggage shall be packed in a satisfactory and appropriate way for air transport as well as for the protection against external and internal damage. Germania can refuse special baggage if it is not appropriately packed. Should the baggage be accepted despite unsatisfactory packing, which is not always recognisable upon receipt, this does not justify any assumption of liability from Germania – it remains the responsibility and risk of the passenger to ensure secure packing.

Bicycles are to be checked-in in appropriate packaging. Handlebars must be turned towards the inside, the front wheels locked, pedals removed and the tyres must be deflated.

Golfing equipment shall be packed in an appropriate way. The same applies to other sports equipment.

Additional criteria shall be observed for the carriage of animals. For reasons of security and space, a right to carriage only exists if the intended carriage of animals was declared when booking under servicecenter@ germania.aero, tel. +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) or fax: +49 (0) 30 610 818 088 and confirmed in writing by Germania.

The decision whether and how the respective animal can be transported is incumbent upon Germania. In addition, the respective stipulations of the general booking and travel conditions of the “tour operator” apply.

Guide dogs which accompany a blind passenger are transported free of charge. Due to security and space reasons, a right to carriage only exists if the intended carriage of the guide dog was declared to Germania when booking under servicecenter@ germania.aero, tel. +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) or fax: +49 (0) 30 610 818 088 and was confirmed in writing by Germania. Due to quarantine conditions, the carriage of guide dogs to and from Great Britain is banned.

Disabled passengers may carry along up to two wheelchairs or other pieces of mobility equipment for free in the cargo compartment. Any mobility equipment should be collapsible. Due to the limited size of the cargo compartment as well as the prescribed weight load, the transport might not be possible, especially regarding battery operated wheelchairs or pieces of mobility equipment. Subject to relevant legislation concerning dangerous goods (particularly wet batteries are banned items, permitted are dry- and gel batteries) and due to limitations of loading space, the right to carriage of any mobility equipment is subject to timely declaration (latest until 48 h before departure) by giving the measurements and weight to servicecenter@ germania.aero, tel. +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) or fax: +49 (0) 30 610 818 088 and subject to written confirmation by Germania.

Germania assumes no liability for possible damage which could arise to special or bulky baggage on your flight, provided it is vulnerable due to its own nature. Article 22, paragraph 2, sentences 2 and 3 of the Montreal Agreement remain unaffected. A higher limit of liability applies if the passenger provides a specific explanation when checking-in the baggage and pays the requested surcharge. Passengers who check-in respective baggage which is vulnerable to damage (e.g. electrical devices, flat screens etc.) must sign a waiver when checking-in so that they have been indicated that their baggage is vulnerable to damage due to its nature and that Germania and the “tour operator” are exempt from any responsibility.

9. Damaged/lost luggage

Liability is only assumed for damage which is caused during the flight operated by Germania and for which a valid contract of carriage exists. The liability for loss, delay or damage of baggage is restricted according to the conditions in Clause 22.

Baggage insurance is highly recommended.

Germania is not liable for loss of holiday pleasures and/or immaterial damage due to loss, delay or damage of baggage. Therer is no duty of Germania to reduce the flight fare of the passenger due to loss, delay or damage of baggage.

If the weight of the checked baggage is not noted on the baggage tag, it is considered agreed that the total weight of the checked in baggage shall not exceed the weight of the baggage allowance for the respective travel class.

Germania and the “tour operator” are not liable for damage which is caused by items in the baggage. Should items in the baggage of a passenger damage the baggage of another passenger or the property of Germania, the owner and/or passenger is liable for the damages arising.

Damage to baggage which could arise through necessary security tests if the passenger is carrying banned items is excluded from liability due to the passenger’s personal negligence.

10. Reporting damaged/lost baggage

Damaged/lost baggage shall be reported immediately to the Germania handling agents (Lost & Found) in the destination airport with the recording of a damage protocol or by sending a notice of claim to Germania Fluggesellschaft mbH, Lost and Found, Riedemannweg 58, 13627 Berlin, Germany or via fax: +49 (0) 30 610 818 066 or email lostandfound@ germania.aero. In the event of the baggage being lost, it is entered into the electronic global search system. In the event of loss or damages which are reported after leaving the airport, the passenger must prove that the loss/damage has not occurred between the baggage reclaim after the flight and the reporting of the damage.

Should the owner of the baggage receipt accept the baggage when it is despatched without written claim, it is assumed until proven otherwise, that the baggage has been despatched in good conditions and corresponding to the contract of carriage. It is hereby considered that suitcases or the like act as protection for their contents, that they must withstand pressure and scratches or smaller dents and will undergo wear and tear. Germania does not offer a delivery service for baggage items from and to the airport. If the checked baggage is not collected or acceptance refused, Germania is entitled to demand the costs arising for the storage of the baggage. Additional reference is made to the notes in Clause 22, especially with regard to limits of liability and exclusions of liability.

11. Carriage of infants, children and teenagers

The age of young passengers when entering the flight booked is decisive for the allocation to the respective category.

New borns up to the age of 48 hours are not carried in order to avoid health troubles. Up to the age of 7 days, a medical certificate shall be presented.

The carriage of an infant (up to 2 years old) is only possible in the accompaniment of an adult. Should the adult accompanying person not be a legal guardian, they shall present the written confirmation of a guardian when checking-in (Germania form “Parental agreement for child (infant 0-4 years) travelling alone”).

Infants (before their 2nd birthday) pay 10% of the regular net-fare and fly without the right to their own seat on the lap of the adult accompanying person. 

Infants under 2 years have 10kg of baggage and one baby buggy or stroller or child car seat or portable playard free of charge. On flights to/from Iran, Iraq, Israel and Lebanon the normal baggage allowance for infants under 2 years and children is 5kg.

Use of child restraint systems in Germania aeroplanes

According to EU-OPS 1.320 and EU-OPS 1.730, infants must be carried on the lap of the adult accompanying person and secured with a loop belt, which is coupled with the safety belt of the accompanying person, provided that no other child restraint system (CRS) is used.

Germania also accepts other child restraint systems (CRS) alongside the child safety with loop belts for infants and children. The loopbelt is the only CRS which Germania supplies. Should the passenger wish to use another CRS then they must bring this with them.

Please note that for the carriage of an infant with a CRS other than the loopbelt, a separate seat reservation must be booked at the child’s price.

The following CRSs are suitable for Germania aeroplanes alongside the loop belt:

The CRS may have a maximum width of 43cm

Only CRSs which are approved for the fastening through 2 point belts (lap belts) may be used

CRSs which are approved and identified respectively by the authority of a JAA member state, of the FAA or Transport Canada to be exclusively used in aeroplanes

CRSs which are approved for use in motor vehicles according to the UN norm ECE R 44, -03 or a newer version

CRSs which are approved for use in motor vehicles and aeroplanes according to the Canadian CMVSS 213/213.1

CRSs which are approved for use in cars and airplanes according to the US American norm FMVSS no. 213 and are supplied with the following red label: 

1. “THIS CHILD RESTRAINT SYSTEM CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS”

2. “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT”

The accompanying person must sit in the seat directly next to the CRS, following cabin crew’s instructions, and is responsible for securing the CRS to the passenger seat and the safety of the child in the CRS.

Should the security criteria not be able to be observed (e.g. if the child seat is faulty or cannot be secured to the aeroplane seat), the cabin crew can refuse the use of a CRS on board despite confirmed booking. From experience, the following models with the TÜV Rheinland (technical inspection authority) approval stamp, “For use in aircraft” have proven to be particularly suitable:

Maxi Cosi Mico, ID No.: 8011000571, Weight: 0-10 kg, Child size: max. 75 cm

Storchenmühle Maximum, ID No.: 2711305500, Weight: 0-10 kg, Child size: max. 75 cm

Maxi Cosi Citi, ID No.: 8811410300, Weight: 0-13 kg,Child size: max. 75 cm

Römer King Quickfix, ID No.: 8811400300, Weight: 9-18 kg, Child size: max. 98 cm

Application:

The passenger must apply for the use of the CRS at least 48 hours before the departure at servicecenter@ germania.aero, tel. +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) or fax: +49 (0) 30 610 818 088.

The carriage of a child from 2 years old up to its 5th birthday is only possible in the accompaniment of a person 16 years old or older who presents the written confirmation of a guardian when checking-in (Germania form “Parental agreement for child (infant 0-4 years) travelling alone”).

Children (5 – 11 years old) without the accompaniment of a guardian must be registered at least 48 hours before the departure at servicecenter@ germania.aero,  tel. +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) or fax: +49 (0) 30 610 818 088. The total number of children under 12 travelling alone who can be accepted for a flight is limited due to security reasons. A right to carriage only exists with written confirmation from GMI.

Unaccompanied children (5 - 11 years old) are only carried if a written agreement from a guardian is presented when checking-in (Germania form “Parental agreement for child (infant 0-4 years) travelling alone”).

Please consider the additional regulations of the individual countries which apply. For the carriage of unaccompanied children a fee of EUR 50.00 per flight shall be charged.

Teenagers (from 12 – 17 years) without accompaniment are carried if they can present the written agreement of a guardian (Form “parental agreement for teenagers travelling alone (12-17 year olds)”).

Note: In some countries, children and teenagers under 18 must show a completed authorisation form their guardian(s) in order to leave their home country (prevention of child abduction). It is the responsibility of the passenger to carry the required documents. GMI can refuse carriage if the documents are not presented.

The presentation of a valid, suitable identification document (child passport) also applies for children and infants.

Note: Germania does not provide accompaniment or supervision for minors when checking-in nor during the flight; no liability is assumed for the consequences of no accompaniment or supervision.

12. Carriage of pregnant women

Pregnant women may travel up to the end of the 36th week of pregnancy, if they present a medical certificate (antenatal card) which documents their pregnancy. Should the flight fall on the period after the 36th week of pregnancy, Germania will refuse carriage. This also applies for the outbound flight if the return flight falls in this period.

In order to avoid health risks we recommend that you always consult the doctor concerned before flying.

13. Carriage of passengers with reduced mobility (PRM)

“Persons with reduced mobility” or “disabled people” are persons whose mobility is reduced when using public transport due to a physical (sensory or motor, permanent or temporary) disability, a mental disability or interference, or is reduced due to the age of the person and whose condition requires an adaptation of the services which are provided for all other passengers to the particular needs of this person.

In order to comply with valid security conditions which are defined in international, collective or national legal regulations or in order to comply with the security demands of the Federal Agency of Aviation, Germania many demand that a disabled person or a person with reduced mobility who is not capable of catering for themselves aboard the aeroplane to a necessary extent, is accompanied by another person on the flight who is capable of providing the help which the passenger requires. A right to free carriage of an accompanying person for such passengers does not exist; accompanying persons shall pay the full flight price.

Medical resources, devices and medicines are notifiable due to security reasons (servicecenter@ germania.aero, tel. +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) or fax: +49 (0) 30 610 818 088 and, provided they are not banned, for personal use only and subject to the presentation of a valid medical certificate, a maximum of 10 Kg per passenger are transported free of charge in the storage area after written confirmation , provided they do not fall under the category of permitted hand/cabin baggage. Blind passengers can take their guide dogs into the cabin. The carriage of a guide dog is free of charge. It is referred to in more detail in Clause 8. The carriage of any animals to Great Britain, Ireland, Malta and Sweden is subject to the compliance with very strict regulations.

A prior application to Germania for the required assistance is absolutely necessary (servicecenter@ germania.aero, tel. +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) or fax: +49 (0) 30 610 818 088. This also applies for persons who are blind and/or have a visual impairment and travel with an accompaniment.

As the number of passengers per flight with reduced mobility is limited due to security reasons, it is strongly recommended that you provide Germania with the necessary information at the time of the booking but at least 48 hours before the departure at servicecenter@ germania.aero , tel. +49 (0) 30 610 818 000 (Normal charges apply for calls from a German landline. Mobile costs may vary. International charges apply for calls from abroad) or fax: +49 (0) 30 610 818 088

14. Non-smoking flights

All Germania flights are non-smoking flights.

15. Safety regulations / electronic devices

The use of any electronic device during takeoff and landing is banned for safety reasons. The use of mobile telephones during the entire flight is not permitted. The use of other electronic devices is only permitted after approval from the cabin crew.

16. Alcoholic beverages

The consumption of any alcoholic beverages that have not been served by the cabin crew is strictly prohibited on our flights.

17. Conduct on board

Should a passenger on board the aircraft behave in such a way that: 

  • the aircraft, a person or item on board is endangered
  • the crew are constrained in carrying out their tasks
  • instructions from the cabin crew, particularly with regard to smoking, alcohol or drug consumption are not followed
  • their behaviour towards other passengers or the cabin crew leads to an unacceptable burdening, damages or injuries

Germania can take measures which are necessary and proportionate in order to eliminate further consequences of this behaviour

Germania can send this passenger off the aeroplane, if necessary and proportionate, it can refuse the passenger carriage on further flights to any place and ban carriage on the whole transport networks. Germania reserves the right to penal as well as civil persecution of such infringements.

18. Decision-making power of the flight captain

The flight captain reserves the right at all times to take all necessary safety measures. In this respect he has the complete decision-making power over seating the passengers, as well as over the loading, distribution, securing and unloading of the baggage. He makes all decisions about whether and in which way the flight is operated, deviated from the traffic routing, and where the plane should land or stop over. This also applies if the behaviour, state or the mental or physical condition of a passenger is such that the cabin crew would have to provide undue support. Justifiable costs which arise for Germania due to such unscheduled landings shall be refunded by the passenger concerned.

19. Restriction/refusal of carriage

Germania can refuse or cut short the carriage of further carriage of a passenger and/or their baggage if one or more of the following points are present: 

  • the carriage would infringe upon applicable law, effective stipulations or constraints of the departing or destination country or the country which is flown over
  • the carriage would endanger the security, organisation or health of the other passengers or the members of the cabin crew or be an unacceptable burden for them
  • the mental or physical condition, including alcoholic or drug-related damage, represents a danger of a risk for the respective passenger, for other passengers, for the cabin crew members or for objects
  • the passenger refuses necessary security examinations of their person or baggage
  • the valid flight price, payable taxes or additional fees, including for previous flights, were not paid
  • the passenger does not carry all necessary travel documents with them or they are not valid, or the
  • passenger destroys their travel documents during the flight or refuses to hand over the travel
  • documents for a receipt on the demand of the cabin crew
  • the passenger does not name any or names an incorrect booking confirmation or the booking confirmation named does not agree with the identification presented or they cannot prove that they are the person booked for the flight
  • the passenger infringes upon Germania instructions which are relevant for safety or instructions in the framework of the domestic authority of the “tour operator” or that of Germania
  • the passenger is carrying baggage which is not permitted
  • the passenger has already committed such actions or failures to act which led to a threat to the safety, order or health of the other passengers or cabin crew members or the property of a “tour operator“ or Germania, or a “tour operator” or Germania have banned them
  • a child/teenager younger than 17 years old, without accompaniment of an adult does not present the agreement declaration signed by the guardian

The carriage of unaccompanied children, teenagers, pregnant women, ill people or other people who require particular support is subject to fulfilment of the conditions named by Germania in these Terms and Conditions/Terms of Carriage

20. Denied boarding

Germania can abandon the execution of the flight if reasons occur which significantly hamper, endanger or compromise the execution of the flight due to force majeure not foreseeable at the point of booking (e.g. through war, terrorist threats, weather, natural disasters), strike by airport staff or other third parties, customs officers and passport officials required for the execution of the flight, amongst others, unexpected flight safety defects, safety risks or official regulations which are not influenced nor represented by Germania.

21. Note according to regulation (EC) 261/04: Passengers’ rights in the event of irregularities (denied boarding, cancellation and serious delays)

This note summarises the liability regulations which shall be used by airlines in the European Community according to the legal provisions of the Community in the event of cancellation, flight delay and/or refusal of carriage. The regulation does not apply to passengers who are travelling free of charge or at a reduced rate which is neither directly nor indirectly available to the public. The regulation only applies if the passenger has a confirmed booking for the respective flight, arrived at the time indicated (except in the event of a flight cancellation) and travels at a rate available to the public. The right to the compensation payment named below can be excluded if the event is down to exceptional circumstances which could not have been avoided even after taking all acceptable measures (for example, with bad weather conditions, political instability, strikes, safety risks, unexpected flight safety measures). The passenger has no right to these services if they have been banned from flying due to maintainable reasons e.g. in connection with health, the general or operation safety or insufficient travel documents.

According to EU regulation 261/04, delays are said to exist if the time lag between the departure and the scheduled departure is 4 hours for flights over 3,500km, 3 hours for flights between 1,500 and 3,500km as well as flights over 1,500km within the EU and 2 hours for flights up to 1,500km. If the flight is expected to have a larger delay, the passenger has the right to receive care services from the airline. These are meals, which are proportionate to the waiting time, possible overnight stay in a hotel and the possibility for two short telephone calls, faxes or emails. The airline does not need to guarantee the care services if the departure is delayed further due to these.

For delays of over 5 hours the passenger has the right to have the costs for the flight ticket for legs of the journey which have not been covered yet paid for them, for legs already covered provided that the flight has become useless in terms of the passenger’s original itinerary, if necessary in connection with a return flight to the initial place of departure at the earliest possible time. Furthermore, with package trips, the conditions of the package trip guidelines (90/314/EEC) apply, which might lead to very high cancellation costs. For voluntary or involuntary exclusion from the booked flight in the event of overbooking, the passenger has the right to care services and refund from the airline to the extent already described. Moreover, the passenger is offered other transport to the final destination of the booked flight. This replacement transportation takes place at the earliest possible time and under agreeable conditions. Subject to available seats, the passenger can nevertheless travel to their final destination at a later time, in which case costs of food, hotels and transfers are paid by the passenger. If the passenger was involuntarily excluded from travelling, they also have the right to a compensation payment (cash, cheque or transfer or, with your consent, in the form of a voucher). The sum of this payment depends on the distance of the planned journey and from the other transport offered. For flight distances of up to 1,500km the compensation payment amounts to € 250, for distances between 1,500 and 3,500km and flights within the EU over 1,500km the amount is €400 and for other flights, €600. If the passenger is offered an alternative flight whose arrival time is no more than 2 hours later than the scheduled, booked flight for flights up to 1,500km, for flights between 1,500km and 3,500km no more than 3 hours later and for flights over 3,500km no more than 4 hours, the compensation payment is 50% of the sums mentioned above i.e. €125, €200 or €300. Should the flight which the passenger has a confirmed booking for have been cancelled, the passenger has the same rights to other transport, care services, food and equalisation payment as mentioned above. In the event of the cancellation of the flight due to exceptional circumstances, the passenger has no right to compensation payments. The passenger also has no right to compensation payments A) if they are informed of the cancellation at least 14 days before the booked departure, B) if they are informed of the cancellation between 14 and 7 days before the booked departure and departure of the flight offered alternatively is no more than 2 hours before original departure time and the arrival is no more than 4 hours after the scheduled arrival time, C) if they are informed of the cancellation less tan 7 days before the departure and departure is no more than 1 hours before the original departure time and arrival is no more than 2 hours after the scheduled arrival time. The responsible complaint body for Germany in terms of the regulation is the Luftfahrt-Bundesamt (German Federal Agency of Aviation), Hermann-Blenk-Str. 26, 38108 Braunschweig.

Germania Fluggesellschaft mbH is member of the German Conciliation Body for Public Transport (SÖP, Schlichtungsstelle für den öffentlichen Personenverkehr e. V.; www.soep-online.de) who are approved by the Luftfahrtbundesamt as an EU Competent Authority to provide an independent review of complaints and dispute resolution services.

As a consumer you may also use the European Commissios's online dispute resolution platform to submit your complaint. This can be done by completing the electronic form available via this link: ec.europa.eu/odr.

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.

Terms of Carriage of Germania Fluggesellschaft mbH

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