Terms and Conditions (GTC) of Germania Fluggesellschaft mbH (“Germania”) 1. Booking The booking can be made via the internet www.flygermania.de, telephone (service center +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), a travel agency or a Germania ticket desk. The passenger shall state a contact address, telephone number and e‐mail address when making the booking so that they can be contacted if necessary from the booking up until complete execution of the flight booked (amongst others according to Article 11, paragraph 3, regulation 2111/05 (EC) and Article 5 I c regulation 261/2004 (EC)). The latest time which flights with free seats available can be booked is 2 hours before the time of departure. Thereafter, a flight can still be booked directly at the airport desk if seats are still available at that point. The booked flight is only valid for the passengers named at the time of booking and is not transferrable, unless agreed otherwise in these conditions. Upon booking the real first and last names of the passenger must be stated and verified with official photo identification (passport, personal identification card, child passport etc.). Name changes between the booking and flight departure are only possible free of charge in case of proven civil changes; otherwise the modalities concerning change in the flight booking named under point 6 apply. 2. Travel documents Paper tickets are not issued or dispatched. After booking, the passenger receives a booking confirmation via e‐mail with a booking number, which they must present when checking in, together with a valid personal identification card/passport/child passport/ Visa etc. as well as health documentation, if necessary (medical certificates, vaccination certificates etc.) (“travel documents”). 3. Prices / Price adjustment The services and prices confirmed with the booking apply. These only apply for the carriage of the passenger named in the booking from the place of departure to the destination booked and the flight times stated. Payment is due upon booking. In some countries taxes and other fees can be demanded directly from the passenger by authorities or airlines. These are therefore not included in the price of the flight and shall be paid additionally by the passenger. Germania reserves the right to subsequently increase price of the flight confirmed with the booking if there is more than four (4) months between the conclusion of the contract and the agreed date of departure and the circumstances which led to the increase were not present before the conclusion of the contract and were also not able to be predicted or avoided by Germania. The increase is permitted if passenger‐related airport fees or other fees, additional surcharges and/or charges are introduced or are subsequently increased by at least 10% and the passenger was informed of this immediately and at the latest 21 days before the date of departure. The passenger‐related increase is directly passed on to the passenger. In the event of price increases after the conclusion of the contract by more than 5% of the total price of the flight, the passenger is entitled to withdraw from the contract at no charge. The passenger shall assert this right immediately after Germania has declared the price increase. 4. Payment Payments of bookings made via our website or by telephone can only take place using a credit card accepted by Germania. Travel agencies commissioned by Germania or ticket sales desks may charge extra fees. Payment in installments is not possible. Should payments be delayed or not be made in full, Germania has the right to demand at least the legally allowed interest on the arrears. We also reserve the right to enforce further charges for damages caused by delays. Should a credit card company or bank refuse the chargeback which resulted from the booking, then this is also counted as a delayed or incomplete payment. page 1 of 4
In the event of a return debit (i.e. if the contracted amount is entirely or partly retracted by the customer’s credit institution or credit card company or is claimed in another way) a return debit/damages sum of EUR 5.00 per booking shall be paid to Germania. In all of the cases mentioned above, the passenger still reserves the right to demonstrate that Germania suffered no or fewer damages. 5. Seat reservation Passengers are only able to reserve seats via the website www.flygermania.de for those Germania Airline flight numbers that begin with ‘ST’ no later than 48 hours before departure. Reservation is subject to availability. If no such seat reservation has been made, there is no entitlement to a certain seat, and the seat allocated at check‐in is the one that must be occupied. Please understand that seats in the first row cannot be reserved in advance. This is because these are reserved for families travelling with small children under two years of age. Please note that small children (0 to 2 years old) are not entitled to their own seat unless one has been specifically booked for them. In such cases, a child fare must be paid for the seat. Seats by the emergency exits cannot be reserved. Due to security regulations set out by the authorities, these seats can only be allocated to people who are in a physical position to operate the exits in the correct manner and are able to follow the instructions of the cabin crew. Please ensure that the first and second names of the passenger have been spelled correctly. These must match the spelling on the booking confirmation. The reservation fee is EUR 10.00 per seat and single journey. The reservation fee must be paid at the time of booking. All payments must be made using a credit card accepted by Germania at the time of booking. If reserved seats were unable to be allocated due to the rare event of a replacement aircraft of a different kind being used to that originally planned, or if the flight is operated by a different airline, the passenger has a right to a refund of their reservation fee. Otherwise, it is not possible to cancel or rebook the reservation. 6. Change in booking/ Namechange The term “change in booking” applies if the date of departure is changed in the valid flight plan period on the passenger’s request and subject to seats being available or if the name of passengers is changed before the individual departures, without the total number of passengers changing. Bookings can only be changed within max. 6 months from the original booking. Flight bookings can be changed, provided that the conditions of the rates chosen permits such changes. In case that the chosen rate allows changes in bookings and/or namechanges and the following applies: A fixed name change fee in the amount of EUR 150,00 per passenger applies. In case of change in flights the fare increases by the difference of the original fare and the actual fare if the actual fare is higher. In addition, a fixed change booking fee of EUR 30.00 per passenger applies. Basic Economy Rebookings and name changes not allowed. Classic Economy Rebookings against fee until 2 hours before departure. Name changes against fee until 2 hours before departure of the first leg. Flex Economy Rebookings against fee until 2 hours before departure. Name changes against fee until 2 hours before departure of the first leg. page 2 of 4
Premium Economy Rebookings against fee until 2 hours before departure. Name changes against fee until 2 hours before departure of the first leg. Plus many other extras. Only available on flights to / from Iran. 7. Cancellation of flight / failure to appear for the flight Germania must be notified of the cancellation of a booked flight or other confirmed service (e.g. carriage of animals, special seat reservation) prior to the departure in writing by letter, via fax +49 (0) 30 610 818 088 or via e‐mail to [email protected] by indicating the booking. The date Germania receives the letter is determining. Cancellation is not possible after departure. If a booked flight is either cancelled or the passenger fails to appear (be it to due non‐appearance of the passenger or due to the failure to present the complete travel documents when checking in etc.), the passenger remains obliged to settle the flight price as well as any already paid additional fees (baggage fee, reservation fee, animal carriage fee, etc). unless the events leading to the non‐appearance or cancellation are to be represented by Germania. This also applies if the passenger has notified in advance, that they will not take the flight. Passenger‐related fees (such as fees calculated per passenger) shall be deducted; statutory conditions apply for the refund. A service charge in the amount EUR 25,00 per booking applies in case of such refund unless Germania has caused the event that has led to the non‐appearance or cancellation. In the cases named above, the passenger is at liberty to prove that Germania has not suffered any or very little loss through the non‐appearance for the flight. Travel cancellation insurance is recommended. 8. Changes /Flight time changes Before Germania accepts the booking request of the customer, they are informed of the scheduled departure times as they apply at that moment in time. It is possible that Germania will have to change the flight times after booking. Where possible, Germania will inform the passenger about the change. When a relevant change is to be made which the passenger cannot accept and if no transfer to an acceptable flight is possible, the passenger has the right to claim for a refund of the price of the flight. Other rights of the passenger remain unaffected. The passenger is recommended to have the flight confirmed over the telephone in the period of 24 to 48 hours before both the outward and inward flight through the Service Center, telephone number: +49 (0) 30 610 818 000. Germania reserves the right to change aircraft if necessary and to entirely or partly transfer the carriage to third parties/subcontractors whereby Germania remains responsible for the transportation booked. In the event of changing to another airline company, Germania will immediately initiate all appropriate steps in order to ensure that the passenger is informed about the change as quickly as possible. The passenger is always informed when checking in, at the latest however, when boarding (EC regulation 2111/05). 9. Liability The liability regarding the carriage of persons as well as freight and baggage within and outside of the European Community is subject to the liability limitations of the air traffic law, of the regulation (EC) No. 2027/97 from the 09.10.1997 in the version (“regulation (EC) 2027/97”) changed due to the regulation (EC) No. 889/02, of the agreement from 28.05.1999 in order to standardise certain regulations about the transportation in international air traffic (“Montreal agreement”) and/or of the Warsaw agreement in order standardise the private air law from 12.10.1929 in the version of the Hague protocol from 28.09.1955, depending on whether it is dealing with national or international carriage in terms of the Warsaw agreement and/or the Montreal agreement. The liability of Germania by no means exceeds the amount of the substantiated loss. With the exception of injury to life, the body or health, Germania is only liable for damage if it has caused this deliberately or through gross negligence. Germania is not liable for any indirect or consequential damages. The regulations of the Warsaw agreement and/or Montreal agreement remain unaffected. page 3 of 4
If the injured party has contributed to causing the damage which has arisen, the norms of the applicable law in terms of the exclusion or the reduction of the liability to pay damages with contributive fault of the injured party apply. This applies accordingly, if the injured party does not comply with its duty to advertise, minimise or mitigate loss. For errors or omissions in flight plans or other publications of traffic timetables as well as information from agents, attendants or representatives of Germania with regard to data, departure and arrival times or the execution of the flight, Germania is only liable in the event of intent and gross negligence. Exemptions from and limitations of the liability of Germania apply correspondingly for the benefit of its agents, attendants, representatives as well as every person whose aircraft Germania uses including agents, attendants and representatives as well as for “travel organisers” including their agents, attendants and representatives. The total amount to be paid as compensation by Germania and the persons named may not exceed the maximum limits of liability which apply for Germania. Any exemption from liability according to these conditions also applies for passengers who fly free of charge or at a special rate which is not directly or not indirectly available to the public. 10. Privacy and data security Germania is entitled within the framework of the contractual execution based on the German Data Protection Act (BDSG) and other statutory provisions to capture, process and utilise personal data. These personal data shall be captured, processed, used and transferred within the framework of the declared purpose of the agreement by means of data processing system. This processing or utilisation takes place within the framework of statutory provisions for the following purposes: to make bookings, to purchase flight tickets, to purchase additional services and to manage payments; to develop and provide services and to facilitate entry and customs clearance procedures. Germania is authorised for these purposes to capture, store, modify, block and delete these data, and transfer said data to its own business offices, authorised representatives and to such as parties provide the aforementioned services on behalf of Germania. In the event that there is no agreement concerning the transfer of personal data as described above, an objection must be sent to the business address of Germania or by email to [email protected] within 10 days of booking. In the event that an objection to data transfer is lodged, it shall not be possible to review flights booked and taken for the purpose of crediting cancelling air miles. Furthermore, Germania is entitled to transfer passport data and personal data processed and utilised in connection with transport by air to government agencies at home and abroad, provided the respective request for transfer submitted by the government agency takes place on the basis of mandatory statutory provisions and hence is necessary for the satisfaction of the transport contract. 11. Miscellaneous Should one or more clauses of these Terms and Conditions be or become ineffective, the effectiveness of the remaining clauses is unaffected. Additionally, the Germania Terms of Carriage apply as a part of these terms and conditions as well as the terms of carriage of a “travel organiser”, in the case of booking with them. In the event of discrepancies the GMI Terms of Carriage are paramount for the flight arrangements, then the GMI Terms and Conditions, then the Terms and Conditions of the “travel organiser”. The German version of these Terms and Conditions is binding and this English version is provided for convenience only. 12. Applicable law and legal court The contract of carriage and these Terms and Conditions are subject to German law. In commercial transactions the legal venue is Berlin. Otherwise, the legal venue conforms to the statutory conditions. page 4 of 4