Terms & Conditions - General Conditions of Carriage (Passenger and Baggage)
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General Conditions of Carriage (Passenger and Baggage)
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General Conditions of Carriage (Passenger and Baggage) - Part II
Frankfurt, May 2013
Deutsche Lufthansa Aktiengesellschaft
Article 1: Definitions
Article 2: Applicability
Article 3: Tickets
Article 4: Fares, Taxes, Fees and Charges
Article 5: Reservations
Article 6: Check-in and Boarding
Article 7: Right to refuse Carriage
Article 8: Baggage
Article 9: Schedules, Delays, Cancellation of Flights
Article 10: Refunds
Article 11: Conduct Aboard Aircraft
Article 12: Arrangements for Additional Services
Article 13: Administrative Formalities
Article 14: Liability for Damage
Article 15: Time Limitations for Claims and Actions
Article 16: Other Conditions
Article 17: Shorttitles
We will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, as follows:
Person to whom refund will be made
Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket or, to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.
If a Ticket has been paid for by a person other than the passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order.
Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.
A refund made to anyone presenting the passenger coupon and all unused flight coupons and holding himself out as a person to whom refund may be made in terms of subparagraphs 10.1.1. or 10.1.2. shall be deemed a refund to such person.
If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight which you hold a reservation, the amount of the refund shall be:
if no portion of the Ticket has been used, an amount equal to the fare paid,
if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.
If you request a refund for reasons other than those mentioned under clause 10.2.1. of this section, the amount of the refund will thus correspond provided the respective fare conditions provide for this:
if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
Refund on Lost Ticket
If a Ticket or portion thereof is lost, a refund will be made on proof of loss satisfactory to Carrier and payment of the applicable fee, provided that:
the lost Ticket or portion thereof has not been used or previously refunded or replaced without charging the ticket fare again (except where the use, refund or replacement by or to a third party resulted from our own negligence).
the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from our own negligence). In this case a reasonable service charge will be debited to you.
If we or our Authorized Agent lose the Ticket or a portion of it, the loss shall be our responsibility.
Refusal of Refunds
We may refuse refund when application therefore is made later than six months after the expiry of the validity of the ticket.
We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another means of transport.
All refunds will be subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and to the country in which the refund is being made. Subject to the foregoing provision, refunds will be made in the currency in which the fare was paid.
By whom Ticket Refund
Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its agent if so authorised.
Refund to Credit Cards Accounts
Refund due to tickets paid for with credit cards can only be credited to credit card accounts originally used for the ticket purchase. The refundable amount to be paid by us will be in accordance with the rules within this article only on the basis of the amount and the currency entered in the ticket. The refundable amount to be credited to the credit card account of the card owner can vary from the originally debited amount by the credit card company for the ticket due to differences in conversion. Such variances do not entitle the recipient of the refund to a claim against us.
If, in our reasonable opinion you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.
The use of cell phones, transmission devices and remote-control toys on board is prohibited. The use of cell phones is only permitted if the aircraft equipped with functioning mobile telecommunication technology. Please pay attention to crew announcements and written information on board at all times, such as the FlyNet Guide. Making VoiP calls is prohibited nor is it possible, since the technology has been disabled. Video cameras, laptops, MP3 players, CD player and computer toys are allowed when the Fasten Seat Belts sign has been turned off.
All Lufthansa flights are Non-Smoking Flights. Smoking is prohibited in all areas of the aircraft.
Seat belts compulsory
While being on your seat on board the aircraft you have the obligation to fasten your seat belt during the entire flight.
If we make arrangements for you with any third party to provide any services, like issuing a ticket or voucher relating to transportation or services, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.
If we are also providing surface transportation to you, these conditions apply to such surface transportation. Such conditions are available from us upon request.
You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
We shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
Prior to travel. you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.
Refusal of Entry
If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. We may apply to the payment of such fare any funds paid to us for unused carriage, or any funds of the passenger in the possession of us. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by us.
Passenger responsible for Fines, etc.
If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with the laws or regulations on entry to or travel through the country concerned, or to produce the required documents in the proper form, you shall reimburse us on demand any amount so paid or expenditure so incurred as well as an administration fee. We may apply towards such payment or expenditure the value of any unused part of your ticket or any of your funds in our possession. The value of the fine or penalty can vary from country to country and may greatly exceed the fare paid. In your own interests, therefore, please ensure that you observe the entry regulations of the country to which you are travelling.
If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
You are obliged to submit to any security checks by Governments, airport officials, Carriers or by us.
Transmission of Passenger Data
We are entitled to transmit your personal data and all personal reservation data in connection with your flight to domestic and foreign authorities (including USA and Canada) if these authorities request us to do so due to compelling legal rules and regulations in order to fulfil the contract of carriage.
The liability of Deutsche Lufthansa AG and each Carrier involved in your journey will be determined by its own Conditions of Carriage.
Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.
Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
We are liable only for damage occurring on our own flights. If we issue a ticket or check baggage over the lines of another Carrier we do so only as an agent for such other Carrier. Nevertheless, with respect to checked baggage the passenger shall also have a right of action against the first or last Carrier.
If the air carrier actually performing the flight is not the same as the contracting air carrier, you have the right to address a complaint or to make a claim for damage against either. If the name or code (Code Share) of an air carrier is indicated on the ticket, that air carrier is the contracting carrier.
We are not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the passenger to comply with the same.
Our liability shall not exceed the amount of proven damages under any circumstances. We are only liable for indirect or consequential damages when such damage was caused by our gross negligence or wilful misconduct; the provisions of the Convention shall continue to be applicable without change.
Any exclusion or limitation of liability of us shall apply to and be for the benefit of agents, servants and representatives of us and any person whose aircraft is used by us and such person's agents, servants and representatives. The aggregate amount recoverable from us and from such agents, servants, representatives and persons shall not exceed the amount of our limit of liability.
Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of us under the Convention or applicable laws.
Compensation in Case of Death or Injury
There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 SDRs (approximate 121.243 EUR) the air carrier cannot contest claims for compensation. Above the amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximate 17.600 EUR)
Destruction, Loss or Damage to Baggage
We are liable for destruction, loss or damage to baggage up to 1,131 SDRs (approximate 1,213EUR). In the case of checked baggage, we are liable even if not at fault, unless the baggage was defective. In case of unchecked baggage, the carrier is liable only if at fault.
Higher Limits for Baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on Baggage
If the baggage is damaged, lost or destroyed the passenger must write and complain to the air carrier as soon as possible. In case of damage to checked baggage, the passenger must write and complain within seven days and in case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
We are not liable for damage to a passenger's baggage caused by property contained in passenger's baggage unless we caused such damage by our gross negligence or wilful misconduct. Any passenger whose property causes damage to another passenger's baggage or to the property of us shall indemnify us for all losses and expenses incurred by us as a result thereof.
Passenger and Baggage Delays
In case of passenger delay we are liable for damage unless we took all reasonable measures to avoid damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694 SDRs (approximate 5,032 EUR).
In case of a baggage delay we are liable for damage unless we took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability is limited to 1,131 SDRs (approximate 1.213 EUR).
In the event claimant fails to mitigate damages or has contributed to the emergence of damage, the amount of the claims for damages shall be reduced by the amount which relates to the claimant’s contribution. In particular, claimant is obligated to make timely, reasonable and adequate replacement purchases.
Non-Carriage due to Overbooking
The carrier will give priority to unaccompanied children, ill and handicapped people. In all other cases, passengers will be allocated a seat on the aircraft in the order in which they check in, also taking into account any specific interests.
When we reasonably expect to deny boarding on a flight, we first call for volunteers to surrender their reservation in exchange for benefits.
In case of flight cancellation we will endeavor to rebook you on another aircraft, on another carrier’s flight or by any other means of carriage.
Notice of Claims
If you accept the baggage delivered to you unconditionally, we take for granted as long as opposite not proven, that it was delivered to you in good condition and according to the contract of carriage.
No action shall lie in the case of damage to baggage unless the person entitled to delivery complains to Carrier forthwith after the discovery of the damage, and, in international air travel at the latest within seven days from the date of receipt; and in the case of any damage resulted due to delay, unless the complaint is made at the latest within 21 days from the date on which the baggage has been placed at his disposal. Every complaint must be made in writing and dispatched within the times aforesaid.
Limitation of Actions
Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court assigned the case.
Carriage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions which may vary from time to time are important. They concern among other things: the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices and items, the on board consumption of alcoholic beverages.
Regulations and conditions concerning these matters are available from us upon request.