General Terms and Conditions of the Tel Aviv Air GmbH for the carriage of passengers and baggage
1. Scope of application
1.1 These General Terms and Conditions (“Passenger Terms and Conditions”) apply to all contracts between Tel Aviv Air GmbH, Hamburg Airport Terminal 1, Flughafenstraße 1-3, 22335 Hamburg, Germany (“Tel Aviv Air GmbH” or “we”) and our passengers (“Passenger” or “you”) for the carriage of Passengers and Baggage (collectively, the “Carriage Services”).
1.2 Individual agreements made with the passenger in individual cases (including ancillary agreements, supplements and amendments) always take precedence over these Passenger Terms and Conditions. This applies in particular to the fares and other contractual contents listed on our booking website, which are included in the contract of carriage during the booking process.
1.3 If any provision contained or referenced in these Passenger T&Cs is inconsistent with our Tariffs, other contractual contents or applicable law, such Tariffs, other contractual contents or applicable law shall prevail.
2. Conclusion of contract
2.1 Our offers are subject to change and non-binding.
2.2 These Passenger T&C are the subject matter of all contracts of carriage concluded with the inclusion of these Passenger T&C (hereinafter the “Contracts of Carriage”). Further terms and conditions of the contracts of carriage result from the tariffs and other contractual content valid at the time of your respective booking, e.g. on our booking website, which you select and accept as part of your booking. More information click here
2.3 Unless otherwise agreed, the Passenger Terms and Conditions shall apply in the version valid at the time of conclusion of the contract.
2.4 Contracts of carriage may be concluded directly via our website as well as in any other way, for example via intermediaries or other third parties.
The following terms shall have the meanings ascribed to them below:
3.1 Air Passenger Rights Regulation means Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
3.2 Flight ticket means the documents that legitimise the passenger for carriage. These are the invoice issued by us after booking and the passenger’s identity card.
3.3 Baggage includes all personal objects carried by the passenger on the flight. Unless otherwise specified, this term includes checked and unchecked baggage.
3.4 Baggage, checked means items of baggage which Tel Aviv Air GmbH takes into its custody and for which a baggage check is issued.
3.5 Baggage, Unchecked means the Passenger’s Baggage other than Checked Baggage.
3.6 Baggage Check means the travel document relating to the carriage of Checked Baggage.
3.7 Force majeure means an unusual and unforeseeable event which is beyond our control and which cannot be avoided even if all due care is exercised.
3.8 Check-in Deadline means the time by which the check-in process must be completed and the passenger must be in possession of his/her boarding pass.
3.9 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 March 1999 and implemented in the European Community by Regulation (EC) No 889/2002, as amended, and by national legislation of the Member States.
3.10 Fares means the air fares and surcharges agreed in each case within the framework of the contract of carriage, including the respective conditions of a fare; an overview of the different fares can be viewed on our website.
4. Contractual partner of the passenger
4.1 These Passenger Terms and Conditions are the general terms and conditions referred to in the Ticket and form part of the contract of carriage between us and you. We have chartered an aircraft of the airline Enter Air for the carriage of our passengers and do not offer our flights under our own airline code, but under the airline code of Enter Air. Therefore, subject to the following provision of this Article, our Passenger T&Cs apply only to carriage under Enter Air’s Airline Code for which we are the contracting party and carrier.
5. Airline tickets
5.1 We provide our carriage service only to the passenger named in the Ticket and only upon presentation of a valid Ticket. We reserve the right to verify identity.
5.2 The reimbursement of a flight booked at reduced conditions may be limited. The conditions can be found in the respective fare conditions.
5.3 Entitlement to carriage exists only on presentation of an air ticket.
5.4 Except as otherwise provided in these Passenger Terms and Conditions or in applicable tariffs, the validity of a booking with Tel Aviv Air GmbH is as follows:
a) one year, calculated from the booking date or
b) one year, calculated from the date of commencement of travel, provided that this occurred within one year of booking.
If the Passenger is prevented from travelling within the validity period because we are unable to confirm a reservation, the validity period shall be extended until the first possible date on which the reservation can be confirmed.
5.5 If the passenger is unable to continue the journey within its period of validity after commencement of the journey due to illness, the period of validity may be extended until it is possible to continue the journey. The extension shall be granted until the date on which the passenger is fit to travel according to a medical certificate, or on which the next flight on this route in the booked class of carriage can be offered after the passenger’s fitness to travel has been established. The illness must be proven by a medical certificate.
6. Fares, surcharges, taxes, fees and charges
6.1 The fare owed shall be the fare applicable for carriage from the actual place of departure to the actual place of destination. It shall be calculated in accordance with the fare valid on the date of booking of the air journey for the flight dates and routes specified therein. Fares do not include compensation for ground transportation services between airports and between airports and city centres.
6.2 Any taxes, fees or other charges imposed by governmental, municipal or other authorities or by the airport operator in respect of passengers or for their use of services are payable by the passenger in addition to the Air Fare. Information about such taxes, fees and other charges not included in the Air Fare shall be provided at the time of booking the flight.
6.3 Except as otherwise provided by applicable law, fares may be paid in any currency acceptable to us. In the event of payment in the country of departure in a currency other than that in which the fare is published, the bank buying rate determined by us on the date of booking shall apply to the conversion.
7.1 Each booking entitles the passenger to carriage only in the class of carriage specified during the booking process for the day and flight for which a seat reservation exists. For bookings without a separate seat reservation, a seat may be booked later if there is still a seat available on the desired flight. Certain fares are subject to restrictive conditions with regard to rebooking or cancellations. The individual conditions can be found in the respective fare conditions on our website.
7.2 OnTel Aviv Air GmbH flights, it is possible to reserve a seat in advance. Within the scope of this service, a specific seat category (aisle, window or middle seat, seat with more legroom, seat in the preferred zone) can be selected, if available. There is no obligation to reserve a seat (for a fee).
We are entitled to reassign seats at any time, even after boarding the aircraft. This may be necessary for safety or operational reasons. If a prior reservation has been paid for and the flight is cancelled or the seat is reallocated to another seat category for safety or operational reasons, the fee for the seat category will be refunded. A refund will not be made if the passenger voluntarily does not take the flight, rebooks into another seat category or has provided incorrect information on the eligibility for emergency exit seating at the time of booking.
7.3 As a rule, we do not require reconfirmation of bookings.
A handling fee may be charged by us if the passenger
a) arrives at the departure with insufficient documents and therefore not ready to travel and for this reason does not take the booked place of carriage, or
b) cancels the place booking later than the time prescribed by us.
8. Passenger Reception and Boarding
8.1 Tel Aviv Air GmbH is entitled to cancel the booking if the passenger does not comply with the applicable reporting deadline. We will inform you of the check-in deadline for the first leg of the journey made with us. The booking deadlines for our flights can be found on our website.
8.2 The passenger is obliged to be at the gate for boarding no later than the time indicated at check-in.
8.3 If the passenger does not arrive in time for boarding, we are entitled to cancel the booking.
8.4 No liability is accepted for damages and expenses arising from violations of these regulations or the regulations of the partner companies for which the passenger alone is responsible.
9. Restriction and refusal of carriage
9.1 We may refuse carriage or onward carriage or cancel a seat reservation if
a) this measure is necessary for reasons of safety or order or to prevent a breach of official or legal requirements of the State from which the flight departs or which is approached or overflown; or
b) the carriage may adversely affect the safety, health or well-being of other passengers to a not inconsiderable degree; or
c) the passenger’s behaviour, condition or mental or physical state, including the effects of alcohol or drug use, is such as to expose themselves, other passengers or crew members to danger; or
d) the passenger has engaged in not insignificant misconduct on a previous flight and there is reason to believe that such conduct may be repeated; or
e) the performance of a safety inspection has been refused; or
f) the applicable fare, taxes, fees or surcharges have not been paid; or
g) the passenger is not in possession of valid travel documents, wishes to enter a country for which he/she is only entitled to transit or for which he/she does not possess valid entry documents, destroys his/her travel documents during the flight or refuses to hand them over to the crew against receipt despite being requested to do so; or
h) the passenger presents an air ticket which has been obtained or received illegally or which has been reported lost or stolen, is forged or if the identity with the person recorded as the passenger on the air ticket cannot be proven; or
i) the passenger refuses to pay the difference (surcharge) due or presents a Ticket which has been issued by someone other than us or which is not insignificantly damaged; or
j) the passenger does not comply with the applicable safety regulations; or
k) the passenger disregards the ban on smoking when boarding and on board all our aircraft and the ban on using electronic devices on board.
Should Tel Aviv Air GmbH refuse carriage for one of the aforementioned reasons, all claims for carriage and compensation are excluded. If the passenger is denied entry to the destination country due to g) or due to other reasons for which Tel Aviv Air GmbH is not responsible, all claims for compensation, in particular the assumption of costs for the return journey, are also excluded.
9.2 Transport of disabled, sick or other persons requiring special care must be announced in advance. Further information is available on our website.
9.3 Information on travelling with children, in particular child seats suitable for use on board aircraft, can be found on our website.
10. Baggage and excess baggage
10.1 Depending on the fare, a certain amount of baggage may be carried as free baggage. The carriage of baggage in excess of the free baggage allowance and the carriage of special baggage is subject to a surcharge. An overview of the free and special baggage allowances and any applicable charges can be found on our website.
10.2 The passenger is requested to refuse to carry luggage received from strangers, both in hand luggage and checked luggage.
10.3 An overview of items that are not accepted as baggage and special regulations for carrying weapons are available on our website.
10.4 If you are responsible for items contained in Checked Baggage contrary to our regulations, we shall not be liable.
10.5 The carriage as baggage of items not permitted according to our specifications will be refused; if the presence of such items is discovered in the course of carriage, their onward carriage may be refused.
10.6 Baggage may be refused carriage if it is unsuitable for carriage because of its size, shape, weight, nature and contents, or for reasons of safety or the welfare of other passengers. Information on items unsuitable for carriage is available on request.
10.7 Baggage may be refused carriage if it is not properly packed in suitcases or similar containers to ensure safe carriage with ordinary care in handling.
10.8 For security reasons, we may require the Passenger to consent to a search or screening of his or her person and Baggage and to an x-ray of the Baggage. If the Passenger does not consent to an examination of his or her person or Baggage, the Passenger and his or her Baggage may be refused carriage.
10.9 After delivery of the baggage to be checked in, a baggage check will be issued. If a baggage tag is issued in addition to the baggage check, this serves only to establish the identity of the baggage.
a) Checked baggage must be labelled with the passenger’s name or other identification.
b) Checked Baggage shall be carried on the same aircraft on which the Passenger is carried, unless for security or operational reasons it is decided to carry it on another flight (if possible the next one). If the Checked Baggage is carried on a subsequent flight, it will be delivered at the passenger’s staging point, unless the passenger’s presence is required for customs inspection.
c) The passenger is obliged to accept his/her baggage as soon as it is made available for collection at the airport of destination or at the place where the flight is interrupted.
d)Our Handling Agent will only deliver Checked Baggage to the Baggage Check holder against payment of the amounts still owed.
e) If the person accepting the Baggage cannot produce the Baggage Check or identify the Baggage by the identification part of the Baggage Identification Tag, if one has been issued, the Baggage will only be delivered on condition that the right to surrender is established to our satisfaction.
f) Our handling agent at the respective airport is available as a contact person for checked baggage.
10.10 We may set numbers, maximum weights and maximum dimensions for hand baggage. An overview of our regulations on hand baggage is available on our website.
10.11 The carriage of dogs, cats and other pets, as well as assistance dogs, is subject to our approval. An overview of the requirements for the carriage of an animal can be viewed on our website.
10.12 The passenger is responsible for the safety, health and behaviour of his or her animal and is liable for compliance with all entry, exit, health and other regulations applicable to entry into or transit through the respective countries. He/she shall be liable for all costs arising from non-compliance with this obligation as well as for all damage caused by animals brought along by him/her and shall indemnify us against any liability, unless we have caused the damage by gross negligence or wilful misconduct.
11. Conduct on board
11.1 If the Passenger’s conduct on board is such as to endanger the aircraft or persons or property on board, to interfere with the crew in the performance of their duties, or to fail to comply with instructions of the crew, including those concerning smoking bans, alcohol or drug use, or to cause inconvenience or harm to other Passengers or the crew, we reserve the right to take such action as may be necessary to prevent such conduct, up to and including restraint. We may refuse your onward carriage and file criminal charges for the conduct on board.
11.2 An overview of all applicable rules for conduct on board, including the use of electronic devices as well as the consumption of alcoholic beverages, is available on our website.
11.3 The current requirements for the mandatory use of masks on board and the presentation of certificates and Covid19 negative tests can be viewed on our website.
12. Additional services
If we arrange services other than carriage with third parties on behalf of the passenger or issue carriage documents for services other than carriage, we act only as agent in this respect. In these cases, the terms and conditions of the respective service provider shall apply.
13. Travel documents
13.1 The passenger is obliged to obtain the travel documents and visas required for his or her journey on his or her own responsibility and to comply with all regulations of the states overflown or flown to or from; the same applies to our regulations and instructions in this regard. Travel documents and visas must be valid for the entire duration of the journey, including any interruptions. We are not responsible in this respect, in particular we are not obliged to check the validity.
13.2 We shall not be liable for the consequences arising from failure to obtain the necessary papers or from failure to comply with the regulations or instructions in question.
13.3 Passengers are required to produce, prior to travel, such entry and exit documents, health certificates and other documents as may be required by the countries concerned and to permit us to make copies of such documents. We reserve the right to refuse carriage to any Passenger who fails to comply with the applicable regulations or whose documents are incomplete, and we shall not be liable for any loss or expense arising from failure to comply with these regulations.
13.4 If the Passenger is denied entry into a country, the Passenger will be liable to pay the applicable Air Fare if we are required by order of any authority to transport the Passenger to the point of departure or to any other place because the Passenger is not permitted to enter a country (country of transit or destination). We may use monies paid for unused carriage or funds in our possession of the passenger to pay this fare. The fare paid for carriage up to the point of rejection or deportation will not be refunded.
13.5 If we are required to pay or deposit penalties or fines or to incur other expenses because the Passenger has not complied with the regulations of the State concerned relating to entry or transit, or because the documents required by these regulations are not properly available, the Passenger is obliged to reimburse us on demand for the amounts paid or deposited and the expenses incurred, as well as to pay a handling fee. This obligation applies not only to the passenger but also to the person who paid for the Ticket. We are entitled to use any unused Tickets or funds in the passenger’s possession to cover such expenses. The amount of the fine and penalty varies from country to country and may far exceed the fare. Attention is drawn to compliance with immigration regulations.
13.6 Upon request, the passenger shall attend the inspection of Checked and Unchecked Baggage by customs and other officials. We shall not be liable for any damage suffered by the passenger during the inspection or as a result of failure to comply with this provision.
13.7 The Passenger is obliged to submit himself and his Baggage to the security checks carried out by the authorities, the airport companies or by us.
14. Personal data
14.2 We are entitled to transmit passport data of the passenger and personal data processed and used by us in connection with his or her travel to authorities in Germany and abroad if the respective transmission request of the authority is made on the basis of mandatory legal provisions and is thus necessary for the performance of the contract of carriage.
Our liability is governed by the provisions of the applicable law, including the regulations under the Montreal Convention and the Passenger Rights Regulation.
16. Other contract contents
Carriage is subject to other regulations and conditions applicable to us or issued by us. These rules and conditions are important and may be subject to change. They concern, among other things, the carriage of underage children, pregnant women, sick passengers, free and special baggage, animals, and conduct on board, in particular restrictions on electronic devices or the consumption of alcohol on board. All regulations and conditions are available on our website. We will also be happy to send them to you on request.
17. Consumer arbitration board
We do not participate in dispute resolution proceedings before a consumer arbitration board.