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General Terms and Conditions of Germania Flug AG (“Germania”)

1. Booking

Flight tickets can be booked via the internet, phone or email (Service center of Germania servicecenter@ germania.ch, tel. +41 43 508 3489 or fax +41 43 508 6382), through a travel agency or at the ticket windows commissioned by Germania. At the time of booking, passengers must provide an address, a phone number and an e-mail address to which mandatory information at which they can be reached in the period between the booking and the completed execution of the booked carriage for communication of information (among other things as set out in Sec. 11 par. 3 of Directive (EC) No. 2111/2005 and in Sec. 5 par. 1 Bst. c of Directive (EC) No. 261/2004).

Subject to seat availability, the latest time of booking shall be two hours before departure. After this time, flights can only be booked directly at the airport counter, subject to seat availability. A booked flight is valid only for the passengers specified at the time of booking and is not transferrable unless provided for otherwise in these General Terms and Conditions. At the time of booking, the actual first and last names of the passengers, substantiated by official identification (passport, identity card, children’s passport, etc.) must be provided. Names can only be changed free of charge if a relevant document issued by a civil registry office is provided that indicates the name has been changed between the time of booking and time of departure; moreover, the rules regarding rebooking specified under 6. below apply.

2. Travel documents

Paper tickets will not be issued or delivered. After booking, passengers receive a booking confirmation by email including the booking code that must be provided at check-in together with the passenger’s valid identification, visa, etc. and, if applicable, the required health certificates (medical certificates, inoculation certificates, etc.) (hereinafter referred to as “travel documents”).

3. Prices/Right to adjust prices

The services and prices confirmed at the time of booking apply and are valid only for carriage between the booked point of departure and destination for the passengers and the times indicated in the booking confirmation. Payment is due at the time of booking. Some countries may levy taxes and other duties directly from passengers through their authorities or by airport companies. Such taxes and duties are not included in the airfares and must therefore be paid separately by passengers.

Germania reserves the right to increase the airfare confirmed at the time of booking retroactively if the date of contract closure is more than four (4) months before the agreed travel date and the circumstances necessitating an increase in the airfare did not exist at the time of contract closure and could not be foreseen or prevented by Germania. An increase in airfares is admissible if passenger-related airport or other fees, supplements and/or duties are introduced or are increased retroactively by 10% or more and if the affected passengers are notified no later than on the 21st day prior to departure. All passenger-related increases will be allocated to the passengers directly. In the event of price increases of more than 5% of the total airfare implemented after the date of contract closure, passengers can withdraw from the contract free of charge. Passengers must assert such right towards Germania promptly after having been notified by Germania about the increase in prices.

4. Payment

Payment of the overall airfare confirmed at the time of booking must be made using a credit card accepted by Germania if the ticket was booked via phone or through Germania’s website. Tickets booked through a travel agency commissioned by Germania may be paid using other means. Down-payment is not possible. In the event of incomplete or delayed payments, Germania is entitled to claim interest in arrears in at least the legal amount as well as processing fees of CHF 15.00 for enforcing the damages resulting from such incomplete or delayed payments. Germania reserves the right to claim further damages resulting from such incomplete or delayed payments.

Incomplete or delayed payments include the refusal of a credit card institution or bank to settle the liability arising from the booking.

In the case of chargeback, that is, if credit institution or credit card company indicated by the passenger charges back the relevant amount in whole or in part or if such amount is asserted in any other way Germania will charge a chargeback/damage fee of CHF 40.00 per booking. In all the cases specified above, passengers have the right to prove that Germania has incurred no damage or less damage.

5. Seat reservation

Seat reservations can be requested from the Service Center (servicecenter@ germania.ch, tel. +41 43 508 3489 or fax +41 43 508 6382). Passengers who have not made a seat reservation subject to a fee are not entitled to a specific seat and will be allocated a seat at check-in. Please note that front-row seats cannot be reserved. Also, please note that, unless booked, infants between 0 and two years of age are not entitled to a seat. Infants assigned a seat must be in possession of a ticket purchased at child’s airfare and must be secured with a child-restraint system (CRS). For safety reasons, CRS only can be used on specific seats and must be registered in advance. Emergency-row seats cannot be reserved because for official safety reasons such seats only can be allocated to passengers who are in a physical condition to handle these seats correctly and to follow the crew members’ instructions. In exceptional cases, Germania is entitled to allocate seats or implement restrictions for safety reasons.

Please note that passengers’ first and last names must be spelled correctly and be identical with the spelling on the booking confirmation.

The reservation fee is CHF 25.00 per seat and flight and must be paid at the time of booking. All payments must be made through a credit card accepted by Germania at the time of booking. In the event a reserved seat was not given to the passenger for reasons beyond the passenger’s control including in the rare case an aircraft other than the planned one operates the flight or in the case the flight is operated by another airline, the passenger is entitled to reimbursement of the reservation fee. Otherwise seat reservations cannot be cancelled or changed.

6. Rebooking/change of name

The term rebooking applies to cases in which free seats on an aircraft are available and a passengers requests a change to his/her flight booking within the applicable flight schedule period, or if the name of one (or more) passengers changes before departure without the total number of passengers changing. Such changes only can be made within six months after the date of the first booked flight. Flight bookings can be changed subject to the conditions applicable to the relevant airfare. The following applies to services subject to a fee under specific airfares: If the name on a ticket is changed to that of another passenger, the airfare is increased by CHF 165.00 (name change fee) per passenger. If a flight date is changed and the new date is subject to a higher airfare, the airfare will be increased by the difference between the two prices. In addition, a processing fee of CHF 50.00 (change booking fee) will be levied per passenger and route.

Basic airfare
Rebooking and changing names are not possible under the basic airfare.

Regular airfare
Under the regular airfare, rebooking is possible up to two hours before departure, subject to a fee. Names can be changed up to two hours before departure on the first leg of the journey, subject to a fee.

Flexible airfare
Under the flexible airfare, flight dates can be changed before departure and names can be changed before departure on the first leg of the journey free of charge. Also, flights can be cancelled at no charge.

No changes can be made after departure.

7. Cancellation/no-show

Cancellations of booked flights or any other confirmed service including carriage of animals or special reservations must be communicated to Germania by letter, fax +41 43 508 6382 or email servicecenter@ germania.ch before departure indicating the booking number. The date such notification is received by Germania will apply. Flight bookings cannot be cancelled after departure. If a flight is cancelled or the passengers fails to take the flight (due to failure to appear, incomplete travel documents presented at check-in, etc.), the passenger still will be required to pay the airfare and the fees for services already provided (fees for baggage, reservations, carriage of animals, etc.), unless Germania is responsible for the passenger failing to take or cancelling the flight. The same applies if a passenger has notified Germania in advance that he/she will not take the flight.

Passenger-related fee components including fees or duties charged per passenger will be deducted and reimbursement will be subject to the applicable legal provisions. If Germania has not caused the event that led to the passenger failing to take or cancelling the flight or failing to make use of the reservation or carriage of baggage or animals and refunds the money saved for services not provided including passenger-related carriage fee components, the passenger will be charged processing fees of CHF 30.00 per booking. In this case, passengers have the right to prove that Germania has incurred no damage or less damage due to the passenger’s failure to take the flight.

Germania recommends passengers take out travel cancellation insurance.

8. Changes/changes to the flight schedule

Before accepting a passenger’s booking request, Germania will inform the passenger of the scheduled times of departure applicable at that time. Germania may have to change flight schedules after booking and will notify the passenger when possible. In the event of a substantial change that is not acceptable to the passenger and if the passenger cannot be booked on another acceptable flight, the passenger has the right to reimbursement of the airfare. Other rights passengers may have remain unaffected. Passengers are recommended to have flight times confirmed 48 to 24 hours prior to departure by calling the Service Center at tel. +41 43 508 3489.

To the extent required, Germania can switch to another aircraft and can transfer carriage in whole or in part to third parties or agents. In this case, Germania remains responsible for the booked carriage. In the event another airline is used, regardless of the reason, Germania will immediately take all reasonable steps to ensure that passengers are notified are soon as possible. In any case, passengers will be notified at check-in or, at the latest when boarding the aircraft (Directive (EC) No. 2111/2005).

9. Liability

Liability for the carriage of persons, cargo and baggage within and outside the EU is subject to the limitation of liability set out in the Directive (EC) No. 2027/1997 in the version amended through Directive (EC) No. 889/2002 of the Montreal Convention dated 28 May 1999 on the unification of certain rules for international carriage by air of the Warsaw Convention on the unification of international air law dated 12 October 1929 in the version of the Hague Protocols dated 28 September 1955 or the Air Transportation Regulations (Lufttransportverordnung, LTrV; SR748.411), depending on whether carriage is national or international as set out in the Warsaw Convention or the Montreal Convention. In no case will Germania’s liability exceed the amount of the substantiated loss. Except for cases of death, physical injury or harm to the health, Germania only is liable for damage it has caused with gross negligence or intent. Liability for indirect or consequential damage is excluded. The mandatory provisions of the Warsaw Convention, the Montreal Convention and the Air Transportation Regulations remain unaffected.

If the damage was partly caused by the injured party, the applicable laws regarding exclusion or reduction of the duty to indemnify in the case of contributive fault of the injured party apply. The same applies if the injured party fails to comply with its duty to minimize damage.

Germania is only liable for errors or omissions in flight schedules or in other publications of flight times as well as for information provided by its agents, employees or authorized persons with regard to data, departure and arrival times or flight operations in the event of intent or gross negligence.

The exclusion and limitations of Germania’s liability apply analogously to its agents, employees and representatives and to persons whose aircrafts are used by Germania including their agents, employees and representatives as well as to flight tour operators including their agents, employees and representatives. The total amount payable as damages by Germania and the aforementioned person cannot exceed the liability limits applicable to Germania.

The exclusions and limitations of liability set out in these General Terms and Conditions also apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.

10. Data protection and data security

As part of the execution of contracts, Swiss data protection laws and other legal provisions stipulate that Germania is entitled to collect, process and use personal data. Such data will be collected, processed, used and transmitted using data processing systems to fulfill the intent of the contract. Such data will be processed and used in compliance with the law including, but not limited to, for these purposes: making reservations, purchasing tickets, purchasing additional services, processing payments, developing and providing services, and facilitating immigration and customs processes. The passenger authorizes Germania to collect, process, save, change, block, delete and use such data for the aforementioned purposes and to transmit it to its own offices, to Germania Fluggesellschaft mbH headquartered in Berlin, to its authorized representatives and to all persons and offices who/that provide the aforementioned services on behalf of Germania. Germania undertakes to implement reasonable measures to protect personal data against unauthorized access.

Germania also is entitled to transmit to national and international authorities travel document data as well as personal data processed and used in connection with air carriage, provided such transmission is requested by an authority due to mandatory legal provisions and is, thus, required for the fulfillment of the carriage contract. International authorities may be subject to less stringent data protection laws than those applicable in Switzerland.

11. Other provisions

Should any of the provisions of these General Terms and Conditions be or become invalid, the validity of the remainder of the provisions will remain unaffected. In addition, Germania’s General Conditions of Carriage apply as an integral part of these General Terms and Conditions as well as the general terms and conditions of the flight tour operator used for a booking. In case of contradictions regarding flight operations, Germania’s General Conditions of Carriage shall prevail followed by these General Terms and Conditions and then followed by the general terms and conditions of the flight tour operator.

12. Applicable law and venue

The carriage contract and these General Terms and Conditions are subject to Swiss law. The exclusive legal venue will be Glattbrugg, Switzerland. Mandatory legal provisions reserved.

General Terms and Conditions of Germania Flug AG

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