Terms and Conditions of Germania Fluggesellschaft mbH (“Germania”)
The detailed Germania Terms of Carriage apply and form part of these Terms and Conditions.
1. Booking
The booking can be made via the internet, telephone (service center 01805/737100, EUR 0.14/minute from a German landline), 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 despatched. 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.) (henceforth, “travel documents”).
3. Prices / Price adjustment
The services and prices confirmed with the booking apply. These only apply for the carriage 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
All payments are made either via a Germania accepted credit card or via direct debit. Direct debit requires the naming of a German bank account, moreover there must be at least 7 working days between booking and departure date.
Down-payment is not possible.
Should the payment not be made in full or be made late (delayed payment),Germania is entitled to demand interest on arrears in at least the legal amount as well as a handling charge for enforcing the damage for delay to the sum of EUR 10.00. The right to enforce further damage for delay remains reserved.
Should a credit card company or bank refuse the chargeback which resulted from the booking then this is also counted as payment not made in full or late payment.
In the event of a return debit (i.e. if the contracted amount is entirely or partly retracted by the credit institution or credit card company of the customer from Germania or is claimed in another way) a return debit/damages sum of EUR 35.00 per booking shall be paid to Germania.
In all the cases named above the passenger reserves the right to prove that Germania has suffered no or very little damages.
5. Seat reservation
Seats can only be reserved when booking a flight ticket on the web page www.flygermania.de and subject to the payment of a fee of EUR 10,00 per passenger per flight. Without such a seat reservation, passengers are not entitled to choose a specific seat and the seats allocated on check-in apply.
6. Change in booking
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 number of passengers is changed before the individual departures, without the total number of passengers changing.
Bookings can only be changed within a maximum of 6 months from the original booking. Flights can be changed up to 2 hours before the agreed flight time.
For changes in bookings (a different passenger or another date of departure) the respective difference between the current amount and higher amount, as the case may be, shall be paid; should the passenger change to a cheaper flight the price of the original flight still remains valid. A handling charge of EUR 30.00 per passenger and flight shall be paid additionally.
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)30 522 80 8361 or via e-mail to vertrieb@germania.aero 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 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. 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)30-69 802 49993.
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 (direct as well as indirect or consequential damage) if it has caused this deliberately or through gross negligence; the regulations of the Warsaw agreement and/or Montreal agreement remain unaffected.
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
According to the stipulations of the German data protection act and other statutory conditions authorised, in the scope of contract implementation, Germania is authorised to collect, process and use data. Data is collected, processed, used and conveyed as part of the purpose of the contract by using data processing equipment. It is used or processed within the limitations of the statutory conditions for the following purposes: making reservations, purchasing a flight ticket, purchasing additional services and the processing of monetary transfers; developing and providing services, facilitating entry procedures and customs procedures. For this purpose, Germania is authorised to collect, store, change, save, delete, and use this data and to transfer it to its own branches, authorised representatives as well as to those who provide the services named above on behalf of Germania. Furthermore, Germania is entitled to transfer the passport data and the person-related data processed and used in connection with the air carriage to national and foreign authorities if the respective transfer demand from the authority is due to mandatory statutory conditions and thus necessary in order to fulfil the contract of carriage.
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”.
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.
Date: 3th May 2011