General Terms of Business and Carriage for flights to/from Canada (GTBC of Condor CAN) Version dated 29 June 2021 Condor GTBC Table of contents 1. Scope ........................................................................................................................... 3 2. Payment and fare ........................................................................................................ 3 3. Seat reservation and reservation of special service ................................................ 5 4. Ticket ............................................................................................................................ 6 5. No-show, cancellation, rebooking, name change .................................................... 6 6. Cancellation of upgrades ........................................................................................... 9 7. Punctual appearance at the airport ......................................................................... 10 8. Passenger conduct ................................................................................................... 11 9. Restricted or refused carriage of passengers or baggage (right to refusal of carriage) ..................................................................................................................... 11 10. Carriage of animals on Condor flights .................................................................... 13 11. Unaccompanied minors, carriage of infants (under the age of 2 years), pregnant women, assignment of Seats to Children under the Age of 14 Years and special assistance .................................................................................................................. 15 12. Baggage regulations ................................................................................................. 17 13. Liability and claim assertion deadline ..................................................................... 22 14. Flight times, delays and flight cancellations / flight time changes, passenger rights .......................................................................................................................... 23 15. Electronic devices, seatbelt fastening requirement, non-smoking flights, alcoholic beverages, allergies, travel documents, violation of entry regulations and legal consequences ........................................................................................... 29 16. Data protection .......................................................................................................... 31 17. Insurance ................................................................................................................... 31 18. Notice pursuant to the annex to Regulation (EC) 2027/97 as amended by Regulation (EC) 889/02 ............................................................................................. 31 19. Applicable law, judicial venue and dispute resolution procedure ........................ 32 20. Rail & Fly .................................................................................................................... 33 21. International Terms and Conditions of Carriage to/from Canada ......................... 33 06/29/2021 Page 2 Condor GTBC 1. Scope 1.1. General These General Terms and Conditions of Business (GTC) apply to air transport contracts concluded between you and Condor, irrespective of whether the individual flights are operated under a Condor flight number (Carrier-Code DE) and / or under the flight number of another airline. 2. Payment and fare 2.1. Payment The prices confirmed with the booking are only valid for the transportation of the person (s) named in the booking confirmation from the designated departure to the destination on the above mentioned flight times Payment of the total fare can be made when booking at a travel agency, by telephone, via our website by credit card (MasterCard, VISA, American Express) or by bank transfer. For technical reasons, Condor reserves the right to exclude certain payment methods for some flight routes. Bank transfers originating from foreign countries (the customer’s account is located outside Germany) are only permitted if all related fees are paid by the customer (transferring party) and the transfer is ordered in the EUR; otherwise, i.e., in the case of non-compliance, Condor is entitled to invoice the customer for the costs incurred and/or for any exchange rate differences. The “bank transfer” payment method may only be used for flights booked 14 (fourteen) days or more before the departure date. 2.2. Due date / Partial payments not permitted / Settlement of payment Payment is due in full at the time the booking is made. You are not entitled to make partial payments. Any partial payments you remit will be rejected. Any credit balances on your side which may arise from such a rejection will first be offset against any claims for receivables asserted by Condor, and then any remaining balance will subsequently be paid out. Any partial payments you make on an existing receivable due will first be applied to the oldest receivable. A payment which is not sufficient to settle a receivable in full will be first applied against interest and then against the fare. Your credit card will be charged with the amount of the fare immediately after the booking has been completed, and, at the same time, the carriage documents will be sent. If you have selected to remit payment via the “bank transfer” payment method, the total amount of the airfare must be transferred immediately, and the payment must be received by Condor no later than within 5 (five) days after the date of booking. 2.3. Consequences of default of payment: Termination of contract by Condor / cancellation fees If the total amount of the airfare is not paid in full within 5 (five) days, Condor is entitled to terminate the contract of carriage immediately and to cancel the booking as well as to demand compensation for loss or damages in accordance with the cancellation terms for the selected rate/fare as specified in Sections 5.2. of the GTBCs, if Condor sent you payment reminders, i.e. demanded payment, after the due date and prior to the cancellation, but did not receive the payment. The commencement of an action and a petition for a court order to pay shall be deemed to have the same effect as a payment reminder. 06/29/2021 Page 3 Condor GTBC a calendar date was specified for the payment in the contract of carriage and the payment was not paid in full by that date. In this case, Condor is not required to send a payment reminder; the contract of carriage stipulates that the payment has to be remitted after an event specified in the contract and for a reasonable period of time thereafter, so that the date of the payment can be calculated, starting from the event, according to the calendar, and the payment was not paid in full by that date. In this case, Condor is not required to send a payment reminder; if you have seriously and definitively refused to remit the payment. Such a refusal to pay made be stated expressly by means of a corresponding declaration from you to Condor or to a third party via which you made the booking (e.g. your travel agency) or may be implied, for example by non-payment of the credit card charge, or the like. In the event of such a refusal to pay, it is irrelevant whether the non-payment is attributed to your express intent or due to the fact that you failed to ensure there were sufficient funds in your credit card account. In this case, Condor is not required to send a payment reminder; if, taking the mutual interests of both parties into consideration, immediate commencement of the default is justified. This is particularly deemed to be the case if the flight departure is imminent and thus it is no longer possible to specify a payment deadline prior to the departure. In this case, a payment reminder is not required and Condor is entitled to terminate the contract immediate effect as well as refuse carriage and demand compensation for loss or damages. The right of termination does not exist if you provide evidence that Condor is solely or to a great extent responsible for the non-payment or delayed payment. After the cancellation has been made, there is no more duty to transport the passenger and a cancellation fee must be paid pursuant the Condor cancellation terms or terms and condition for rates and fares. You are entitled to prove that in this specific case, Condor has incurred loss or damages less than the amount of the agreed-on cancellation fees or has not incurred any loss or damages at all. Insofar as you provide proof of this, only the lower amount of the loss or damages shall be reimbursed. 2.4. Consequences of default of payment: Default interest In cases of non-payment or late payment (default of payment), Condor is entitled to charge default interest. In the case of a chargeback due to incorrect information provided by you or insufficient funds, Condor is entitled to assess a flat fee for the chargeback. In the case of a chargeback for credit card payments, the flat fee is €15 per booking; in the case of a chargeback at the ticket counter the flat fee is €30. Likewise, in the event of a chargeback for credit card payments, including chargeback for credit card payments relating to a payment made aboard our aircraft (in-flight shopping), Condor is entitled to charge a flat fee of €15 for the chargeback. You are entitled to prove that in this specific case, Condor has incurred loss or damages less than the amount of the flat fee for the chargeback or the flat fee for a chargeback for the payment made at the ticket counter, or even that Condor incurred no loss or damages at all. Insofar as you provide proof of this, only the lower amount of the loss or damages shall be reimbursed. In the event of a chargeback of a SEPA core direct debit authorization due to insufficient funds (in-flight shopping), Condor is entitled to debit the resulting outstanding amount due, including the aforementioned chargeback fee, from your account again, as per the SEPA core direct debit authorization. Therefore, the SEPA core direct debit mandate provided by you also extends to 06/29/2021 Page 4 Condor GTBC claims arising from chargebacks due to insufficient funds and any claims for compensation for loss or damages. Condor is entitled to commission a third party to process the SEPA core direct debit. 2.5. Fare The services and prices confirmed at the time of booking apply. Following the conclusion of the contract, changes to the fare shall be permitted until the 21st day prior to the agreed-on flight date in the event of a change to or introduction of duties or levies specific to air travel (taxes, fees, premiums, special charges or other levies or duties specific to air travel for certain services) and of charges specific to air travel or costs of emission certificates, to the extent that there are more than 4 (four) months between the conclusion of the contract and the agreed-on flight date. Condor will promptly inform you about any such change once Condor becomes aware of it and if the change was not under Condor’s control at the time the contract was concluded. In the event of the increase of decrease of the aforementioned costs, duties, levies and charges related to a seat, the subsequent additional or lesser charge shall be settled by passing the said amount on to the passenger. In other cases, the additional or reduced costs shall be divided by the number of seats in the aircraft. Condor will then charge or credit you for the resultant amount calculated for the individual seat. In the event of price increases of more than 5% of the total airfare that occur after the conclusion of the contract, you shall be entitled to withdraw from the contract without incurring any costs as a result. 3. Seat reservation and reservation of special service 3.1. Seat reservation Seats can be reserved up to 48 hours prior to departure depending on availability. A handling fee will be charged for processing seat reservations. Seat reservation fees will not be refunded if you later change or cancel your flight. If you change your seat reservation later, you will be charged again. On short- and medium-haul flights, seats located adjacent to emergency exits may also be reserved. We must draw your attention to the fact safety regulations imposed by the authorities stipulate that the following groups of persons may not sit in the emergency exit row (XL seats): Babies and children under the age of 14 years Expectant mothers Persons, who are not able to speak German and/or English Persons taking animals with them in the cabin Persons with physical and/or mental impairments Persons with restricted mobility due to their size, health, or age By reserving a seat adjacent to one of the emergency exits, you warrant that the above- mentioned criteria do not apply to you or persons booked by you. Moreover, you must be prepared to assist the on-board staff in an emergency. This requires that you can follow the crew’s instructions given in German or in English. Should this not be the case, Condor is entitled to assign another seat to the person concerned without entitling him or her to reimbursement of the seat reservation charge paid. Should it prove impossible to assign an alternate seat to the person concerned, having exhausted all available options Condor is entitled to refuse carriage. Children aged 2-11 pay the adult fare for a seat reservation. 06/29/2021 Page 5 Condor GTBC We advise you to make your seat reservations in good time, no later than 48 hours prior to departure. The reservation can also be made with us after you have booked or when booking package tour. For Condor Business Class, Premium Economy and Economy Best customers, the seat reservation, if available, is included in the fare at no extra charge. Unfortunately your seat reservation will not be considered when there is a change of aircraft type. For a refund of the fee paid, please contact the Service Centre. 3.2. Extra Seat During Online Check-In Economy Class guests can book an additional seat next to them depending on availability. The additional free seat must be directly located next to your booked seat in the same row, even across the aisle, and cannot be in front or behind you. Additional free seats can be reserved for individual participants in a booking regardless of the fare booked and are available for adults, children and infants (under the age of 2 years). It is not possible to book an additional free seat in the emergency exit rows (XL seats). In the event of a change of aircraft at short notice due to operational reasons, the Extra Seat cannot always be guaranteed. For a refund of the fee paid, please contact the Service Centre. 3.3. Reservation of special services You can book numerous other special services with Condor such as the carriage of sports equipment and special baggage, and premium and special meals depending on availability. With the exception of sports luggage, reserved special services cannot be canceled or changed free of charge. 4. Ticket Condor renders the agreed carriage service only on behalf of the passenger named in the booking confirmation or ticket or other carriage document; the passenger must verify his or her identity by way of a valid ID document. The passenger’s first name and surname must match. Carriage documents are non-transferable. If you are not travelling with an electronic ticket, you have an entitlement to carriage only upon presentation of a valid carriage document issued in the name of the passenger in conjunction with a valid ID document. When booking, please ensure that your name and that of any persons travelling with you fully correspond with those shown in the relevant ID documents you carry with you. 5. No-show, cancellation, rebooking, name change The flights are divided into different zones. This classification is based on the destination area specified in the booking confirmation or in the ticket, in which a flight begins and / or to which a flight leads: Zone 1: Domestic German flights, Balearic Islands, Spanish & Portuguese mainland, Bulgaria, Croatia, Italy Zone 2: Canary Islands, Madeira, Turkey, Greece, Cyprus, Egypt, Morocco, Tunisia, Gambia 06/29/2021 Page 6 Condor GTBC Zone 3: Eastern Africa, United Arab Emirates, Asia, Central and South America, Caribbean (except for Puerto Rico) Zone 4: Southern Africa, Indian Ocean Zone 5: USA, Canada, Puerto Rico 5.1. Refunds in the event of no-show In the event that you do not board the flight that you have booked, we will not refund the price of the flight (except for taxes and fees). The Service Charge paid to us during the booking process is non-refundable. 5.2. Refunds in the event of cancellation The following conditions apply to any cancellation depending on the type of ticket purchased. In the case of passengers showing up for the outbound flight but not for the return flight, no refund is possible for the latter, with the exception of taxes and fees that are not consumed by the outbound flight. The Service Charge paid to us during the booking process is non-refundable. In your own interest and in order to avoid any misunderstandings, you are urgently advised to notify us of your wish to cancel or your intention not to board the flight in writing, indicating your booking number. 5.2.1. Classic fare (fare code “SPO”), Best fare (fare code “BST”) and Light fare (fare code “LM”) It is not possible to cancel tickets of this type. In the event that you do not board a flight for which you hold a ticket with a Classic or Light fare, the price of the flight is non-refundable (except for not consumed taxes and fees). 5.2.2. Flex fare and Flex option (fare code “N”) Cancellations are permitted until 24 hours prior to the scheduled departure of the first flight booked. In the event of cancellation, the following fees are payable to Condor: a) Zone 1 i) Economy Class 50 Euro per person and segment ii) Business Class 75 Euro per person and segment b) Zone 2 i) Economy Class 75 Euro per person and segment ii) Business Class 100 Euro per person and segment c) Zone 3-5 i) Economy Class 100 Euro per person and segment ii) Premium Economy 150 Euro per person and segment iii) Business Class 200 Euro per person and segment Cancellations within 24 hours prior to the scheduled departure of the first flight booked will incur a cancellation fee of 100% of the fare. 5.2.3. Best fare with flex option (fare code “BSN”) Cancellations are permitted until 24 hours prior to the scheduled departure of the first flight booked. In the event of cancellation, the following fees are payable to Condor: a) Zone 1 50 Euro per person and segment b) Zone 2 75 Euro per person and segment Cancellations within 24 hours prior to the scheduled departure of the first flight booked will incur a cancellation fee of 100% of the fare. 06/29/2021 Page 7 Condor GTBC 5.2.4. Visit Friends & Relatives fare (fare code “ETH”) Cancellations are permitted until 24 hours prior to the scheduled departure of the first flight booked. In the event of cancellation, the following pro rata airfares are payable to Condor (depending on the time of cancellation): a) Up to 89 days before the start of the respective flight: 10% of the net airfare b) 88 days until 59 days before the start of the respective flight: 20% of the net airfare c) 58 days until 29 days before the start of the respective flight: 50% of the net airfare d) 28 days until 15 days before the start of the respective flight: 70% of the net airfare e) 14 days until 24 hours before the start of the respective flight: 80% of the net airfare Cancellations within 24 hours prior to the scheduled departure of the first flight booked will incur a cancellation fee of 100% of the fare. 5.3. Rebooking Voluntary changes to the originally booked date, to the originally booked departure airport or to the originally booked destination airport are only possible within the same season (summer season 1 May – 31 October / winter season 1 November – 30 April) and within the same zone (zone 1, zone 2, zones 3-5) until 24 hours prior to the scheduled departure of the first flight booked subject to availability within the same or a higher compartment subject to the following conditions. Rebooking to a subsequent season is not possible. Rebooking from originally higher priced departures to lower priced departures is only possible if the original fare is maintained. In the case of rebooking to a higher priced departure, the price difference to the higher fare at the time of rebooking (fare on the day on which the change is made) is payable and due with immediate effect. Changes to the date, destination or departure airport of the return flight after having flown on the outbound flight are possible only subject to governmental permission; and we can only accept credit card payment for any rebooking fees and price differences that may be due for changes of an inbound flight. 5.3.1. Light fare (fare code “LM”) It is not possible to make any voluntary changes to tickets of this type. 5.3.2. Classic fare (fare code “SPO”) or Best fare (fare code “BST”) In the event of a rebooking up to 24 hours prior to the scheduled departure of the first flight booked, the following fees are payable to Condor: a) Zone 1 i) Economy Class 50 Euro per person and segment ii) Business Class 75 Euro per person and segment b) Zone 2 i) Economy Class 75 Euro per person and segment ii) Business Class 100 Euro per person and segment c) Zone 3-5 i) Economy Class 100 Euro per person and segment ii) Premium Economy 150 Euro per person and segment iii) Business Class 200 Euro per person and segment 06/29/2021 Page 8 Condor GTBC In the event of rebooking within 24 hours prior to the scheduled departure of the first flight booked, 100% of the fare plus price difference is payable to Condor. 5.3.3. Flex fare and Flex option (fare code “N”) In the event of a rebooking, no fees apply. To protect ourselves from abuse, we reserve the right to charge fees according to 5.3.2 as from the fourth consecutive rebooking of the same original booking. In the event of rebooking within 24 hours prior to the scheduled departure of the first flight booked, 100% of the fare plus price difference is payable to Condor. 5.3.4. Best fare with flex option (fare code “BSN”) In the event of a rebooking, no fees apply. To protect ourselves from abuse, we reserve the right to charge fees according to 5.3.2 as from the fourth consecutive rebooking of the same original booking. In the event of rebooking within 24 hours prior to the scheduled departure of the first flight booked, 100% of the fare plus price difference is payable to Condor. 5.3.5. Visit Friends & Relatives fare (fare code “ETH”) In the event of a rebooking up to 24 hours prior to the scheduled departure of the first flight booked, the following fees are payable to Condor: a) Zone 1 50 Euro per person and segment b) Zone 2 75 Euro per person and segment c) Zone 3-4 100 Euro per person and segment In the event of rebooking within 24 hours prior to the scheduled departure of the first flight booked, 100% of the fare plus price difference is payable to Condor. 5.4. Name change / substitute traveler For bookings in the Flex fare or with Flex option (fare code “N”) only, the name of a booked passenger may be changed or a substitute traveler may be appointed for the entire itinerary booked until 24 hours prior to the scheduled departure of the outbound flight if the entire flight journey is operated exclusively by Condor. A subsequent amendment of bank or credit card data is not possible in connection with a name change or the appointment of a substitute traveler. The contractual partner and the substitute are jointly and severally liable for the carriage costs. In the event of a name change or an appointment of substitutes, the price difference to any higher fare at the time of booking is payable. 6. Cancellation of upgrades 6.1. Cancellation of upgrades The above-mentioned cancellation and rebooking fees apply exclusively to the price of carriage. The cancellation of upgrades for Premium Class and Condor Business Class bookings are subject to other terms of cancellation and rebooking. The terms concerned apply exclusively to the price of carriage in a higher booking category. 6.2. Condor Business Class In the case of cancellations up to 24 hours prior to the contractually agreed outbound flight or return flight, the fee amounts to 50% of the upgrade price. In the case of rebooking up to 24 06/29/2021 Page 9 Condor GTBC hours prior to the contractually scheduled flight departure, the cost incurred amounts to 10% of the upgrade price. No cancellations or rebookings are possible on the day of departure. In the case of a cancellation of your Business Class booking, we will attempt to find an alternative use for your booking. You are entitled to prove to us that no loss at all or significantly less loss has been incurred. 6.3. Premium Economy In the case of cancellations up to 24 hours prior to the contractually agreed outbound flight or return flight, the fee amounts to 50% of the upgrade price. In the case of rebooking up to 24 hours prior to the contractually scheduled flight departure, the cost incurred amounts to 10% of the upgrade price. No cancellations or rebookings are possible on the day of departure. In the case of a cancellation of your Premium Economy booking, we will attempt to find an alternative use for your booking. You are entitled to prove to us that no loss at all or a significantly lower loss has been incurred. 7. Punctual appearance at the airport The check-in deadline applicable to you depends on the distance of the flight booked and/or on the departure airport concerned. We define the check-in deadline as the point in time set by us at which you must have shown up at the check-in / passenger handling counter. Kindly give due consideration to the check-in deadlines quoted below when planning your journey. In order to ensure that the flight is checked in smoothly and departs on time, you are urgently advised to comply with the deadlines set out below as otherwise, in the case of your late appearance at the check-in counter, we are entitled to cancel your booking and refuse your carriage. We assume no liability for any damage and expenses you may incur due to such violations of this collateral duty as are your sole responsibility. We hereby agree with you that you must have appeared at the check-in counter / passenger handling area within the times set out below: for flights to zones 1-2: 90 minutes prior to the departure time shown in the ticket; for flights to zones 3-5: 120 minutes prior to the departure time shown on the ticket; for flights to the USA/Canada 180 minutes prior to the departure time shown on the ticket. Irrespective of the carriage category booked and the air carrier used, all our passengers are subject to the requirement that they must be in possession of their boarding cards and have completed all check-in formalities no later than 45 minutes (no less than 60 minutes for flights to zones 3-5) prior to the departure time shown in the ticket (check-in deadlines). Due to the safety regulations applying at the time and checks carried out on both persons and baggage, we hereby notify you that you should proceed to the gate indicated on your boarding card and await the announcement that the aircraft is ready for boarding immediately after check- in procedures have been completed. You must have made your way to the gate no later than the point in time indicated to you at the check-in / passenger handling counter for the purpose of boarding the flight booked by you and for which you have already checked in; otherwise we are entitled to cancel your booking and refuse your carriage in order to avoid any boarding and flight departure delays. We assume no liability for any damage and expenses you may incur as a result. If carriage is not performed by Condor, the check-in deadline will be 120 minutes before the departure time specified on the Ticket, regardless of the booked service class and the booked 06/29/2021 Page 10
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