General Terms & Conditions – Conditions of Carriage for Passengers and Luggage (GTC) of Express Airways D.O.O.1. Area of application, contract relationship and applicability of the GTC
GTACC //General Terms & Conditions of Carriage
These General Terms and Conditions of Carriage (ABB) apply for the air transport contracts entered into between the passenger and Express Airways D.O.O (hereinafter abbreviated to “Express Airways”) where Express Airways is the air carrier contractually and from a performance perspective.2. Entry into contract
The contract comes into existence upon receipt of the written booking confirmation (acceptance of the offer). In the framework of the booking process, the actual first and last names of the passenger which are consistent with an official identification document bearing a photograph or substitute document are to be given.3. Transport service3.1.
The performance subject is the rendering of the transport service by Express Airways which confirmed with the order.3.2.
Express Airways is entitled to transfer the performance of the air transport to third parties/vicarious agents in whole or in part. In this context, Express Airways will only use airline companies which correspond to Express Airways' safety standard and if this has been approved by the German Federal Aviation Office or a pertinent European aviation safety authority. Express Airways will notify the passenger about the identity of the airline company rendering performance, as soon as this is definite.3.3.
Express Airways can make changes at any time to the aircraft used or the flight number used.4. Prices/booking and payment modalities4.1. Carriage charges
The services and prices confirmed with the booking apply. The booking and payment modalities are determined in accordance with the respectively applicable tariff conditions which are cited in connection with the booking. In addition to the price of the air transport, the confirmed carriage charge includes all applicable taxes, airport charges and other fees, additional charges and fees which were unavoidable and foreseeable at the time of the booking. These individual items will be shown separately. 4.2. Paymenta.
All payments become due immediately upon the contract coming into existence, insofar as nothing to the contrary is expressly stated in the framework of the tariff. Paying in instalments is not possible. In some countries, entry or visa fees may be levied by authorities or airport companies directly on the passenger, as applicable. These are not included in the airfare and are to be paid by the passenger in addition.b.
All payments are made either via a credit card accepted by Express Airways or by bank transfer by the passenger. In the case of payment using a credit card (Mastercard or Visa), Express Airways levies a fee in the amount of 2% of the airfare. Payment by bank transfer is only possible if there are at least 10 days between the booking date and the departure date.c.
If a credit institution or a bank refuses to settle the claim arising out of the contract, i.e. the amount collected by Express Airways from the credit card company is wholly or partially reversed or claimed in another way, a reversal flat-rate fee in the amount of EUR 10.00 per booking is to be paid. If sending a 2nd warning by Express Airways is necessary, Express Airways reserves the right to levy an additional processing fee in the amount of EUR 5.00 per booking as well as interest in the statutory amount on the claim. In the foregoing cases, the passenger is free to prove that Express Airways has suffered no loss or a lower loss than the loss claimed with the reversal and/or processing fee.d.
Payments will first be credited towards the oldest claims. A payment which is not sufficient to settle the entire debt will first be credited towards the interest and last towards the main service.e.
If the airfare is not paid even after fruitless notice of default and the setting of a payment deadline, Express Airways will rescind the contract and cancel the booking for the processing fees agreed upon in clause 6.1.c.b. Setting a deadline can be dispensed with if departure is imminent and setting a deadline before departure is no longer likely to succeed. In such case, Express Airways can rescind from the contract without setting a deadline, and the claim for carriage will cease to exist.5. Booking5.1.
The booking applies exclusively for the booked flight and the person(s) named in the booking. Name changes are only possible in the case of proven registry-office changes between booking and departure.5.2.
No ticket is issued when booking via the Internet, by telephone or at a travel agency. A booking number will be issued. This must be presented at the check-in counter when checking in, together with a valid form of identification (ID card, passport). The full first and last names given during the booking and those on the identification document must be the same. If the booking number is presented together with an official identification document bearing a photograph of a person other than the person entitled to carriage or refund, then Express Airways is not liable to the entitled person if the carriage service is performed in good faith or if the person presenting these items is given a refund in good faith.6. Rebookings/substitute person/cancellation/failure to appear for departure6.1. Rebookinga.
There is a rebooking if upon request by the passenger the flight date, the flight number, the flight destination or the departure or return-flight airport are changed before the flight service (outward flight or return flight) is used.b.
Insofar as the tariff booked permits a rebooking, this is possible up to a period of 48 hours before the agreed departure time, and subject to availability, for the additional costs named in 6.1d. c.
Rebookings permissible in accordance with the tariff booked can be made by telephone. A rebooking on a later flight is – subject to official permission at the destination – possible only if the flight has a date which is no more than six (6) months after the outward flight originally booked.d.
In the case of rebookings, in each instance the difference compared to the possibly higher airfare applicable at the time of rebooking is to be paid. In addition, a rebooking fee in the amount of EUR 50.00 will be due.e.
Rebooking a flight to a flight with another airline for the same route or even for another route is not possible.f.
Clause 4.2.b applies accordingly for payment of the costs arising as a result of the rebooking.6.2. Substitute person
The passenger can name a substitute person up to a period of 48 hours before starting the first section of travel. A processing fee in the amount of EUR 50.00 per substitute person name will be due for this. A substitute person can only be named for the entire booking (outward flight and return flight). Naming a substitute person can only be done telephonically with the reservations department. The passenger and the substitute person are liable as joint and several debtors. Express Airways can object to the change of the person as the passenger if this person does not satisfy the special requirements with regard to the flight or if statutory provisions or official orders prevent it.6.3. Cancellation/failure to appear for the flight:a.
Cancellation of the flight booked or another service must be communicated to Express Airways immediately and before departure, giving the booking number. Cancellations can only be made in writing by email or fax to the reservations department.b.
Cancelling the flight is only possible before the start of the first section of travel. Cancellations can only be made in writing by email or fax to the reservations department.
In the case of cancellation/failure to appear for the flight, Express Airways is entitled to demand the agreed remuneration minus saved expenditure and/or potential alternative uses of the service booked. The passenger remains free to prove that the airline has suffered no loss or that a significantly lower remuneration or expenditure reimbursement has occurred as a result of the unused flight.7. Booking children and adolescents7.1. Infants (up to 2 years of age)a.
The carriage of infants (up to two (2) years of age) is possible for the lower infants tariff (10% of the adult tariff) subject to the following conditions:b.
The carriage of infants is subject to registration. What is authoritative for the determination of the age is the date of starting the flight; with onward and return flights, what is authoritative is the age when starting the return flight. Any adult may only accompany one (1) infant. A seat must be booked for the carriage of an infant (under 2 years of age) in a child seat.7.2. Children from the age of 2
There are no discounts for the carriage of children from two years of age (from their second (2.) birthday) onwards. 7.3. Unaccompanied childrena.
The carriage of unaccompanied travelling children who are between 5 and 11 years of age (“unaccompanied travelling children”) is only possible if these have been registered with Express Airways in advance, by no later than 48 hours before the planned departure time, and carriage has been confirmed by Express Airways. A child aged between 5 and 11 who is accompanied by a person who is at least 16 years old is not deemed to be an unaccompanied travelling child.b.
The services for unaccompanied travelling children can also be booked for children aged between 12 and 16.c.
Unaccompanied travelling children will be carried if an official passport or ID document with a photograph is presented during check-in. The parents/legal guardians must present a written consent declaration at the check-in counter for travel to certain countries. If the legal guardians/parents are divorced or live separately, they must present a written confirmation from each legal guardian/parent to the check-in counter. Special provisions apply for certain countries. Further information is available from the reservations department.d.
During check-in, the name of the person who will be collecting the child at the destination airport is to be given. The legal guardians/parents must wait at the airport until the aircraft has departed.e.
The following deviating check-in closing times apply for unaccompanied travelling children for whom the additional service has been booked: 90 minutes before the scheduled departure time.f.
For the carriage of unaccompanied travelling children, a processing fee in the amount of EUR 60.00 per child and route is levied.8. Carriage of pregnant women and passengers fitted with plaster casts8.1.
For safety reasons, and in order to prevent damage to the health of expectant mothers, the following applies for the carriage of pregnant women: Express Airways carries pregnant woman up to 4 weeks before the calculated childbirth date; Express Airways can request presentation of a doctor’s certificate which shows that the 36th week of pregnancy has not yet been exceeded. Carriage is excluded in the 4 weeks before the calculated childbirth date.8.2.
Passengers fitted with plaster casts are hereby informed that carriage within the first four (4) days after the plaster cast has been fitted, irrespective of whether the plaster cast is worn open or closed, is associated with substantial health risks and Express Airways can therefore refuse to carry the pertinent passenger. In deviation from this, Express Airways can, however, exceptionally permit carriage of the passenger in the individual case if medical transport is available or the passenger presents a doctor’s certificate when starting the flight which shows that no health risks are to be anticipated as a result of the carriage with the open or closed plaster cast.9. Check-in/boarding and documents to accompany passengers9.1.
Closing times for check-in are different depending on the airport, so it is recommended that passengers inform themselves in a timely manner about these check-in closing times. Information about check-in times can be viewed online on Express Airways' website or can be given by telephone by the reservations department. The check-in times are to be complied with by the passenger. Accordingly, it is recommended that passengers present themselves at the check-in counter well before the scheduled closure of check-in, in order that timely check-in is not jeopardised e.g. by any queues.9.2.
When checking in, the booking number and presentation of a valid official identification document with photograph (passport/ID card) are necessary. Presenting the booking confirmation is recommended. An official form of identification is also to be presented for children and adolescents. For international flights, a valid passport or ID card, and if applicable other travel documents which are necessary for entry into/exit from the destination country (e.g. visas), are to be brought with the passenger(s). This also applies for children and adolescents. Check-in will be refused if these documents are not presented. Passengers are responsible for bringing with them all of the documents which are necessary for entry into/exit from the destination country. 9.3.
The passenger must ensure that the name written on the flight ticket is the same as the actual name according to the ID card or passport; otherwise, carriage can be refused. If the names are not identical, in many cases authorities refuse exit, especially in the case of return flights from abroad. In such cases, Express Airways is not liable for return carriage, unless the lack of identical names is attributable to Express Airways.9.4.
If the flight with Express Airways is part of a promoter booking or if the booking has been made via a third-party provider, deviating conditions can apply. Information is given by the respective contract partner or promoter.9.5.
Passengers are obliged to appear at the gate with a valid boarding pass for boarding by no later than the boarding time given during check-in.9.6.
If the closing times for check-in are not adhered to, Express Airways can cancel the booking. In such case, the passenger has no claim for carriage and the provision applicable for failure to appear (clause 6.3) shall apply accordingly. The passenger remains obliged to pay the airfare. This applies correspondingly if the passenger does not appear at the gate in a timely manner for boarding after checking in.9.7.
Express Airways is not liable for damage, losses and expenditure which arise for passengers due to breaches of these provisions which are attributable to them.10. Compliance with entry and exit provisions, necessary documents10.1.
Passengers themselves are responsible for obtaining the travel documents, visas and medical certificates, vaccination certificates and similar which are necessary for entry and exit pursuant to the passport, visa and health provisions of the respective countries, for themselves and for children and animals who are travelling with them, and must present these during check-in. 10.2.
The passenger is responsible for the completeness of the necessary documents. This also applies for infants (necessary entry in the legal guardian's identification document). In some countries, adolescents under 18 must present permission forms from their legal guardians. If these prerequisites are not fulfilled, carriage can be refused. Express Airways is legally obliged to refuse carriage if the exit or entry provisions of a departure or destination country are not fulfilled or the carriage documents/evidence cannot be presented.10.3.
Express Airways is entitled to refuse carriage in the event of non-compliance with the provisions named in clauses 10.1 and 10.2. All costs and disadvantages which accrue to the passenger as a result thereof are to be borne by the passenger. 11. Flight schedules, delays, cancelled flights11.1.
Before the booking request is accepted, the passenger will be informed about the scheduled departure time as it stands at that time. Published flight times may be subject to changes to a reasonable extent for flight-operation reasons. Express Airways will inform the passenger about such changes as early as possible.11.2.
Express Airways is entitled to carry out the transport with a different aircraft or another airline in order to prevent delays and cancellations.11.3.
The passenger will be informed in a timely manner at the airport and during the flight about delays, rebookings and cancellations.11.4.
In the event of non-carriage, cancellation and substantial delay, Express Airways grants the compensation and assistance service named in Regulation (EC) nr. 261/2004.12. Luggage12.1. Baggage allowance and excess baggage
Passenger can take a certain amount of luggage with them as their baggage allowance. The baggage allowance limits are shown on the flight ticket or the booking documents or can be asked about at booking offices. The carriage of luggage in excess of the baggage allowance limits as well as the carriage of special luggage and sports luggage requires registration and is subject to fees. 12.2. Strangers’ luggage
Passengers are asked to refuse to take with them luggage which they have received from strangers, either in hand luggage or in check-in luggage.12.3. Generally prohibited luggagea.
For safety reasons, irrespective of whether as hand luggage or check-in luggage, travel baggage may not contain any of the following, and will not be carried if it does: (1)
items which are apt to endanger the aircraft, people or items on board the aircraft, as listed in the dangerous goods rules of the ICAO and the IATA. The dangerous goods rules can be viewed by passengers at https://www.iata.org/whatwedo/cargo/dgr/Documents/DGR52_PI650_DE.pdf or be requested from the booking office. Such goods include the following in particular:
-oxidising, radioactive or magnetising substances,
-easily flammable substances,
-toxic or aggressive substances, and
-liquids of any kind (excluding liquids which passengers take with them in their hand luggage for use during the journey);(2)
items whose carriage is prohibited pursuant to the provisions of the country which is being flown from, flown to, or flown over;(3)
items which are dangerous, unsafe or are unsuitable for carriage due to their weight, size or nature as well as due to their perishability, fragility or their special sensitiveness; more precise explanations can be obtained upon request from Express Airways or the booking office;(4)
individually carried lithium batteries or rechargeable lithium batteries (as are usually found in electronic consumer goods such as laptop computers, mobile telephones, watches and clocks, cameras) may only be carried in hand luggage. No more than two individual lithium batteries or rechargeables with a maximum rating of 160 Watt hours as spare batteries for electronic consumer goods may be carried. The carriage of individual batteries or rechargeables with a rating from 100 Watt hours to 160 Watt hours requires Express Airways’ prior consent. Further details regarding the carriage of batteries and rechargeables are contained in the international dangerous goods provisions of the International Civil Aviation Organization (ICAO), which can be viewed directly on the ICAO's website under the term Dangerous Goods or via the German Federal Aviation Office's website.b.
Weapons of any kind, particularly
- firearms, cutting weapons or thrust weapons as well as high-pressure sprays which are used for attack or defence purposes,
- ammunition and explosive substances,
- items which from their external appearance or their markings look like weapons, ammunition or explosive substances,
may only be taken with passengers if registered before the journey is started. The carriage of such items is only permissible if they are carried as freight or check-in luggage in accordance with the provisions concerning the carriage of dangerous goods. Sentence 2 does not apply for police officers who are obliged to carry weapons in performance of their duties. The weapon is to be handed over during the flight to the pilot in command who is responsible for this.c.
weapons of any kind, particularly firearms, cutting weapons or thrust weapons as well as high-pressure sprays. Sporting weapons may be permitted as luggage at our discretion. They must be emptied and be equipped with a locked safety lock. The carriage of ammunition is subject to the ICAO and IATA provisions named in clause 11.3a)(1).12.4. Customs duties
Passengers themselves are responsible for paying any customs duties in connection with their luggage.12.5. Refusal of carriagea.
In accordance with clauses Fehler! Verweisquelle konnte nicht gefunden werden. and 12.3.c, Express Airways refuses to carry any items named in clause 12.3 as luggage. If the presence of these items is discovered during carriage, Express Airways can refuse further carriage of these items.b.
Express Airways can refuse to carry luggage if this is unsuitable for carriage due to its size, shape, weight, nature and contents, or for safety reasons, or in view of the well-being of other passengers. Information about items which are unsuitable for carriage can be obtained by passengers upon request.c.
Express Airways can also refuse to carry luggage if it is not packed properly in suitcases or similar receptacles which guarantee safe transport exercising the usual care when handling.12.6. Screening/searching
Express Airways can demand for security reasons that passengers consent to being searched or screened and/or consent to their luggage being searched, screened or x-rayed. If the passenger does not consent to searching or screening for the presence of items which are impermissible pursuant to clause 12.3, Express Airways can refuse to carry the passenger and can refuse to carry the luggage.12.7. Check-in luggagea.
When checking in luggage, passengers receive a luggage ticket. Moreover, an entry is made in the flight ticket. If a luggage tag is issued as well, this serves merely to record the identity of the luggage.b.
Passengers are obliged to put their names or other identification on check-in luggage.12.8. Diving equipment as luggage
If passengers take diving equipment with them as luggage, the belts are to be transported without lead weights. Compressed air cylinders are only carried when empty. For diving lamps to be carried, the heat-generating component or the battery is to be packed separately, in order to prevent activation during carriage. Any removed battery is to be secured against short-circuiting.12.9. Hand luggagea.
Hand luggage is limited to one piece per person, which may not exceed 6 kg or the dimensions of 55 x 40 x 20cm. In any event, the hand luggage must fit under the seat in front or in the overhead lockers of the aircraft. If the hand luggage does not fulfil these prerequisites or does not comply with the safety/security requirements, it must be carried as check-in luggage. Excessive baggage fees may arise if the baggage allowance limit is exceeded.b.
Items which are not suitable for carriage in the hold, e.g. sensitive musical instruments, and which do not conform to the requirements pursuant to clause 12.9.a, are only accepted for carriage if their carriage has been agreed in advance with Express Airways. Express Airways can levy an additional charge for this special service.c.
Taking liquids on board (Regulation (EC) nr. 1546/2006)
For the safety of civil aviation, the European Union has limited the quantity of liquids which passengers may take on board in their hand luggage. In this respect, it is to be ensured that liquids are in individual containers with a capacity of no more than 100 ml or an equivalent unit of measurement. What is decisive is the printed filling capacity. All individual containers must fit into a transparent, resealable plastic bag with a maximum capacity of one (1) litre. The plastic bag must be closable easily and completely. Closing simple plastic bags with auxiliary equipment is not permitted. One (1) bag is permitted per passenger.
Liquids include the following: gels, pastes, lotions, mixtures of liquids and solids such as toothpaste, hair gels, beverages, soups, syrup, perfume and other articles with a similar consistency as well as the contents of pressurised containers such as shaving foam and hairspray.
Exceptions can be made if the liquid is used during the journey and is needed either for medical or for special dietary purposes, including baby food. If necessary, the passenger must be able to prove the genuineness of the liquid for which an exception has been granted.
From 31 January 2014 onwards, liquids from duty-free purchases from any airport and aircraft are as a matter of principle allowed to be taken in hand luggage. A prerequisite is that the liquid be in an undamaged, sealed security bag together with the receipt, which can be checked using a special screening method. Liquid medications and liquid special nutrition are also checked using this screening method. The security bag may not be opened before the final destination airport has been reached. All liquids must be capable of being taken out of luggage and presented separately for aviation security checks. If the harmlessness of the liquid cannot be ascertained without doubt, the liquid may not be taken in the hand luggage. In the event of questions in this respect, you can approach your airport or the German Federal Police.12.10.
Taking along one (1) wheelchair per disabled passenger is possible and is to be notified when booking. Motorised wheelchairs can be carried only with restrictions, due to the limited cargo hold capacity. They are to be handed in in a state which guarantees their safe handling and transport. Carriage of medical devices and mobility aids including electric wheelchairs can only be guaranteed if these have been registered 48 hours beforehand, giving the dimensions and weight, if there is sufficient room on board, and if their carriage is not prevented by the pertinent provisions concerning dangerous goods. Further details will be given during registration.12.11. Returna.
Passengers are obliged to take back their luggage as soon as it is made available for collection at the destination airport.b.
As a matter of principle, luggage is only returned to the holder of the luggage ticket. If the person taking the luggage is unable to produce the luggage ticket or is unable to identify the luggage by means of the identification part of the luggage tag, insofar as such a tag was issued, Express Airways can refuse to hand over the luggage unless the right to return has been sufficiently substantiated.c.
Express Airways is entitled to charge the passenger any storage costs which have arisen for luggage items which the passenger culpably did not collect or wrongly refused to take back.13. Pets and assistance dogs13.1.
Carriage of animals (excluding dogs and cats) is subject to registration and fees. The respective fees are listed in the fee table. The statutory regulations regarding the transport of animals apply. The animals must be transported in a suitable, closed, spillage-proof and escape-proof flexible receptacle which is continuously hygienically unobjectionable, e.g. a bag (in the case of carriage in the cabin: maximum dimensions of the receptacle 55x40x20cm, up to 8 kg including receptacle), and may not be let out during the transport. Moreover, animals which are carried inside the cabin may not leave the receptacle during the flight. The receptacle may not be placed on the seats and must be pushed underneath the seat in front. Registration must take place telephonically at the reservations department by no later than 48 hours before departure. Express Airways reserves the right to refuse registration.13.2.
A recognised assistance dog (e.g. a guide dog for the visually impaired) which is necessary for the passenger will be transported in the cabin free-of-charge if possible.13.3.
A prerequisite for the safe and disruption-free flight is that your dog be so well-trained that it behaves itself well in a public environment. Express Airways only permits the animal to be taken in the cabin subject to the prerequisite that the animal obeys the passenger and behaves itself properly. Should the animal not behave itself properly, the passenger can be asked to put a muzzle on the animal for the transport or transport can be refused.13.4.
Animals travelling in the cabin (if applicable, including transport receptacle) must fit into the footwell of your seat and be appropriately secured during the entire time on board.13.5.
The passenger bears the responsibility for the animal’s safety, health and behaviour and is liable for complying with all entry, exit, health and other provisions which apply for entry or transit through the respective states.
Passengers are liable for all of the costs which result from non-compliance with this obligation, as well as for all damage and loss which are caused by animals brought with them, and shall indemnify Express Airways from any liability, insofar as Express Airways has not caused the damage and loss intentionally or due to gross negligence.14. Behaviour on board14.1.
The passenger is obliged to follow the crew’s instructions.14.2.
The passenger must behave on board in such a way thata.
does not endanger the aircraft or people or items on board;b.
does not impede crew members in the exercise of their duties;c.
does not cause other passengers or the flight crew to suffer any property damage or personal injury or be exposed to any unreasonable stresses;d.
does not breach any safety-relevant or security-relevant instructions issued by the airline or the airline company operating the flight or any instructions in the framework of the operating regulations.14.3.
For safety reasons, the use of private electronic devices during start and landing is prohibited. Using mobile telephones at any time during the flight is not permitted. Using other electronic devices requires permission from the crew.14.4.
Consuming alcoholic beverages which have been brought by passengers onto the aircraft is not permitted on board.15. Additional services
Insofar as Express Airways agrees on services other than flight services with third parties for the passenger, or issues transport documents for transport services other than flight services for the passenger, Express Airways acts only as an intermediary. The respective service provider’s terms & conditions apply. 16. Entry ban
If the passenger is refused entry to a country, then the passenger is obliged to pay the applicable airfare if Express Airways has to carry the passenger upon order by an authority to the point of departure or another location. In such case, Express Airways is entitled to set off the airfare against money paid by the passenger for unused carriage. The airfare paid for the carriage up to the location of the refusal or deportation will not be refunded.17. Liability17.1. Generala.
Liability in connection with the carriage of people as well as of freight and luggage within and outside the European Community is subject to the liability restrictions of the German Air Traffic Act, Regulation (EC) nr. 2027/97 dated 9 October 1997 in the version modified by Regulation (EC) nr. 889/02 (“Regulation (EC) 2027/97”), the Convention dated 28 May 1999 regarding the Unification of Certain Rules for International Carriage by Air (“Montreal Convention”) and the Warsaw Convention for the Unification of the Private Law of Aviation dated 12 October 1929 in the version of the Hague Protocol dated 28 September 1955, depending on whether the carriage is national or international carriage in the sense of the Warsaw Convention or the Montreal Convention.b.
In no case will Express Airways’ liability exceed the amount of the proven damage and loss. Express Airways is liable for direct or consequential losses only if Express Airways has caused these intentionally or due to gross negligence. c.
If fault on the part of the aggrieved party has contributed to the damage or loss arising, then the norms of the applicable law with regard to the exclusion or reduction of the compensation obligation in the case of the aggrieved party's contributory negligence shall apply. This applies correspondingly if the aggrieved party does not comply with its duty to mitigate damage and loss.d.
Express Airways is not liable for damage and loss which arises as a result of the fulfilment of state provisions or due to the fact that the passenger does not fulfil the obligations arising out of those provisions.e.
Express Airways is liable only in the event of intentional behaviour and gross negligence for errors or omissions in flight schedules or other publications of travel times, as well as for information given by Express Airways employees or authorised agents regarding dates or departure and arrival times or the performance of the flight.f.
Exclusions and limitations of Express Airways’ liability apply mutatis mutandis also in favour of the employees, representatives as well as any party whose aircraft is used by Express Airways, including that party’s employees and representatives. The total amount which is to be paid as compensation by Express Airways and the parties named may not exceed the statutory and contractual maximum liability limits applicable for Express Airways.g.
Insofar as nothing is expressly stipulated to the contrary, none of these Conditions contains a waiver of the liability exclusions applicable for Express Airways or pursuant the Warsaw Convention, the Montreal Convention, European or national law.17.2. Personal injury a.
Express Airways’ liability to a passenger for death, personal injury or damage to health is governed by the German Air Traffic Act, Regulation (EC) 2027/97 and these GTC in the case of carriage exclusively within the Federal Republic of Germany, and in the case of international carriage in the sense of the Warsaw Convention or the Montreal Convention, by the provisions of the respectively applicable convention, Regulation (EC) 2027/97 as well as these Conditions of Carriage, and for all other carriage the applicable law as well as these GTC.b.
The liability limits pursuant to Article 22 paragraph 1 of the Warsaw Convention or equivalent national or European aviation-law provisions do not apply for compensation claims against Express Airways due to death, personal injury or other damage to health of a passenger. Express Airways cannot rely on the objections pursuant to Article 20 paragraph 1 of the Warsaw Convention or equivalent national or European aviation-law provisions for damage and loss up to a liability amount of SDR 113,100. For compensation claims exceeding that, the objections in Article 21 paragraph 2 of the Montreal Convention as well as other objections pursuant to European and national law as well as these GTC apply.c.
Insofar as nothing to the contrary is stipulated the objections arising out of the Warsaw Convention or the Montreal Convention and the applicable European or national law apply without limitation.d.
In the case of accidents where a passenger is killed or physically injured, Express Airways shall make without undue delay, not later than 15 days after the determination of the identity of the natural persons who are entitled to compensation, an advance payment in order to cover the immediate financial needs in proportion to the severity of the case. In the case of death, the advance payment shall not be less than SDR 16,000. The advance payment shall not constitute any acknowledgement of liability and can be set off against any amounts paid later due to Express Airways' liability. The advance payment is not to be paid back unless it is a case set out in Article 20 of the Montreal Convention and/or a case of contributory negligence by the passenger or a case where it is subsequently proven that the party who has received the advance payment had no compensation claim or negligently caused the damage and loss or negligently contributed to causing the damage and loss.e.
If a passenger whose age, mental or physical condition is such that carriage constitutes a risk to that passenger is carried, then Express Airways is not liable for personal injury (including death) insofar as that injury was caused by that condition. Passengers for whom carriage can constitute a risk for these reasons must inform Express Airways in advance in order that Express Airways can check whether and in what circumstances carriage can be carried out without risk. In the event of doubt, Express Airways has the right to refuse carriage.17.3. Damage to luggagea.
Express Airways’ liability for delay to, damage to, destruction of or loss of luggage is limited to the amount of EUR 27.35 per kilogram for check-in luggage, and to a total amount of no more than EUR 547.00 per passenger for luggage not checked in, in the case of international carriage when the Warsaw Convention is applicable. In the case of national carriage and international carriage in the sense of the Montreal Convention, liability of luggage damage and loss is limited in total to a rounded-off amount in Euros which corresponds to SDR 1,131 per passenger.b.
The foregoing limitations of liability do not apply if the damage or loss was caused by Express Airways intentionally or carelessly in the sense of the Warsaw Convention or the Montreal Convention.c.
Express Airways is not liable for damage or loss which is caused by items in the passenger’s luggage, unless Express Airways has caused such damage or loss intentionally or due to gross negligence. If such items cause damage or loss to another passenger’s luggage or to the property of Express Airways, its vicarious agents or third parties, the passenger is obliged to compensate Express Airways for all damage, loss and expenditure which Express Airways suffers as a result thereof and to indemnify Express Airways against third-party claims. Express Airways’ liability is limited in every case to proven damage and loss. The damage and loss to be compensated for is reduced in the case of contributory negligence.18. Information pursuant to appendix to Regulation (EC) 2027/97 in the version of Regulation (EC) 889/02 – liability of airline companies for passengers and their luggage
This information summarises the liability rules which are to be applied by the Community’s airline companies pursuant to the Community’s legal provisions and the Montreal Convention.18.1.
Compensation in the event of death or personal injury
There are no maximum amounts for liability in the event of the death or personal injury of passengers. For personal injury up to an amount of SDR 100,000 (rounded-off amount in local currency), the airline company cannot raise any objections to compensation claims. Claims going beyond this amount can be averted by the airline company by proving that it did not act negligently or in another culpable manner.18.2. Advance payments
If a passenger is killed or injured, the airline company is obliged within 15 days after the determination of the person entitled to compensation to make an advance payment in order to cover the immediate financial needs. In the event of death, this advance payment shall not amount to less than SDR 16,000 (rounded-off amount in local currency).18.3. Delays in the carriage of passengers
The airline company is liable for damage and loss caused by delays in the carriage of passengers, unless it has taken all reasonable measures to prevent damage and loss or taking those measures was impossible. The liability for damage and loss caused by delay in the carriage of passengers is limited to SDR 4,150 (rounded-off amount in local currency) (DE Official Gazette of the European Communities 30.5.2002 L 140/5).18.4. Destruction of, loss of or damage to travel baggage
The airline company is liable for destruction of, loss of or damage to travel baggage up to an amount of SDR 1,000 (EUR 1,250.00). In the case of check-in travel baggage, there is strict liability, insofar as the travel baggage was not already damaged previously. In the case of travel baggage which is not checked in, the airline company is liable only for culpable behaviour.18.5. Higher liability limits for travel baggage
A higher liability limit applies if the passenger makes a special declaration and pays a surcharge by no later than check-in. 18.6. Complaints in connection with travel baggage
In the event of damage to, delay to, loss of or destruction of travel baggage, the passenger has to notify the airline company in writing as soon as possible. In the event of damage to the travel baggage checked in, passengers must make a written notification within 7 days, and in the case of delayed travel baggage, within 21 days, after the travel baggage has been made available to them.18.7. Liability of the contractual and the performing airline company
If the performing airline company is not identical to the contractual airline company, passengers can direct their notifications or compensation claims to either of the two companies. If the name or code of an airline company is given on the flight ticket, then this is the airline company entering into the contract.18.8.Lawsuit periods
Court actions for compensation must be filed within two years, commencing on the date of the arrival of the aircraft or the date on which the aircraft should have arrived.18.9. Basis for this information
These provisions are based on the Montreal Convention dated 28 May 1999, which was implemented in the European Community by Regulation (EC) nr. 2027/97 in the version modified by Regulation (EC) nr. 889/2002 and by national legal provisions of the member states.Please note:
This information is necessary pursuant to Regulation (EC) nr. 889/2002. This information does not constitute any claim basis for a compensation claim, however, nor can it be used to interpret the provisions of the Montreal Convention. This information is not part of the carriage contract between the air carrier and the passenger. The air carrier does not guarantee the correctness of the contents of this information.19. Data protection and data security19.1.
Express Airways collects, processes and uses personal data, insofar as this is necessary for the establishment and performance of the carriage contract as well as services associated therewith. The data is collected, processed, used and stored by electronic data processing in the framework of the statutory provisions.19.2.
Express Airways collects passport data and transmits that and the data collected, processed, used and stored in connection with the carriage contract to authorities domestically and abroad (including the USA and Canada) if the respective transmission request by the authority is made on the basis of mandatory statutory provisions and the transmission is necessary for the performance of the carriage contract. 20. Miscellaneous20.1.
These GTC contain, together with the agreements entered into in the framework of the booking, all of the agreements in the contract agreed between the passenger and Express Airways. No oral or other agreements have been made. 20.2.
Should one of the provisions be or become invalid in whole or in part, then this shall not affect the validity of the other provisions hereof.20.3.
The contract relationship between the passenger and Express Airways shall be governed by the law of the Federal Republic of Germany, irrespective of the passenger's nationality.20.4.
The legal venue for disputes arising out of this contract is Düsseldorf if the customer is a businessperson and the contract is part of the operation of his or her commercial enterprise, or the customer has no general place of jurisdiction in Germany. Express Airways is entitled, however, to sue the customer in any other legal jurisdiction. In the case of non-businesspeople, the statutory legal venues apply. This legal-venue agreement does not apply insofar as the Warsaw Convention or the Montreal Convention is to be applied.User:
Express Airways D.O.O.
Airport Maribor Slovenia
Letaliska cesta 10
Registered in Maribor/Slovenia 6133509000
VAT reg. nor.: SI65767764
CEO Express Airways Slovenia: Sefa Tuncer
As of: 08.04.2015