GENERAL CONDITIONS OF CARRIAGE

Article 1: Definitions

Unless the wording or the context dictates otherwise, the following expressions shall have the respective meanings assigned to them:

We
refers to CIRRUS Airlines Luftfahrtgesellschaft mbH

You
refers to any person carried pursuant to a Ticket (see also the definition for “Passenger”)

Agreed Stopping Places
are those places, except place of departure and place of destination, set out in the Ticket or shown in the Carrier’s timetable as scheduled stopping points on the Passenger’s route.  

Air Fare
is the charge to be made for Passenger carriage on a particular route, approved, where required, by the relevant air transport authorities or notified to them, plus airport security charges.

Baggage
refers to all articles intended for your use. Unless otherwise specified, it consists of both the passenger’s Checked and Unchecked Baggage.

Baggage Check
is that portion of the Ticket that relates to the carriage of your Checked Baggage.

Baggage Tag
is a tag issued by us for exclusive identification of the Checked Baggage, the baggage strap portion of which we attach to the checked baggage item and the baggage identification portion of which is given to you.

Carrier
is any Carrier that carries the Passenger and/or his Baggage pursuant to the Ticket and whose Airline Designator Code appears in the “Carrier” box on the Ticket or on a Conjunction Ticket.

Checked Baggage
is Baggage of which we take custody and for which we have issued a Baggage Check.

Check-in Deadline
is the point in time specified by us or a given Carrier or a given airport by which you need to have completed your check-in formalities and be in possession of your boarding pass.

Code Share
is carriage by air which will be operated by a Carrier other than that designated in the Ticket.

Conditions of Contract
are the conditions identified as such which are contained in the Ticket or the “Itinerary Receipt” and incorporate these Conditions of Carriage in the Contract of Carriage.

Conjunction Ticket
is a Ticket issued to a Passenger in relation to another Ticket; together, they constitute a single contract of carriage.

Convention
is the Convention for standardization of certain rules for international carriage, which was agreed on 28th May 1999 in Montreal (Montreal Convention).

Damage
includes death, bodily injury, damage due to delay, loss or other forms of damage arising out of or in connection with the carriage or other services performed by the Carrier.

Days
are full calendar days, including Sundays and statutory public holidays; in the case of notifications, the day on which the notice is dispatched will not be counted; with regard to determining the duration of validity of a Ticket, the day on which the Ticket is issued or the flight commenced will not be counted.

Electronic Coupon
is a Flight Coupon stored electronically in our reservations system or a corresponding value document.

Electronic Ticket
is the Ticket stored by us or on our behalf in our database.

Flight Coupon
is that part of the Ticket that has the words “Good for Passage” printed on it or, in the case of an Electronic Ticket, the Electronic Coupon that indicates the individual locations between which the coupon entitles the Passenger to be carried.

Force Majeure
refers to unusual and unforeseeable circumstances which are beyond our control and could not have been avoided even if all due care had been exercised.

International Carriage Pursuant to the Convention
refers to any carriage in which, according to the arrangements made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two Contracting Parties, or within the territory of a single Contracting Party, if there is an agreed stopping place within the territory even though that state is not a Contracting Party to the Convention.

Itinerary Receipt
is the itinerary containing your name as well as flight information and notices.

Normal Fare
is the highest charge applicable to carriage in a given class of carriage.

Passenger
is any person, apart from members of the crew, carried or to be carried in an aircraft with our consent, pursuant to a Ticket.

Passenger Coupon or Passenger Receipt
is the part of the Ticket issued by us or on our behalf that is marked as such. If a Passenger Receipt is issued, it is retained by the Passenger and must be carried during the entire journey.

Regulation (EC) 261/2004
refers to the Regulation (EC) 261/2004 of the European Parliament and of the Council of 11th 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, and repealing Regulation (EEC) No 295/91 (OJ of 17th February 2004/L46/1).

Special Drawing Rights (SDR)
refer to a unit of account created by the International Monetary Fund and whose value is defined regularly by it.

Special Fares
is a carriage charge which is lower than the Normal Fare.

Stopover
is a stop on a journey at the Passenger’s request at a location between the place of departure and place of destination, which we have agreed in advance.

Tariffs
are the Air Fares and surcharges approved, where required, by or filed, where required, with the authorities. The Tariff (Air Fare) includes the conditions of use.

Ticket
is the document issued by us or on our behalf for the Carrier, identified as “Passenger Ticket and Baggage Check”; it includes the conditions of contract and notices as well as the Flight and Passenger Coupon.

Unchecked Baggage
is your baggage other than the Checked Baggage.

Article 2: Applicability

General
2.1.
These conditions shall be the Conditions of Carriage to which the Ticket refers. Except as provided in paragraphs 2.2, 2.4 and 2.5 of this Article, these conditions shall apply only to those carriages for which our Airline Designator Code C9 is indicated in the “Carrier” box of the Ticket.

Charter
2.2.
Carriages performed on the basis of a charter agreement shall only be subject to these Conditions of Carriage if this is defined in the charter provisions or in the Ticket.

Code Share
2.3.
We have made agreements with other airlines, known as “Code Shares".
This means that, even if CIRRUS Airlines Luftfahrtgesellschaft mbH is indicated in the “Carrier” box of the Ticket, carriage may be undertaken by another airline.
The carriage shall be subject to these Conditions of Carriage. If Code Share arrangements apply, we will advise you of the airline undertaking the carriage at the time you make your reservation. If the identity of the airline is not known when you make your reservation, we will advise you of the name of the airline that is likely to operate the flight. We will inform you as soon as its identity has been established.

Contrary Law
2.4.
If any provision contained or referred to in these Conditions of Carriage contradicts our Tariffs or applicable laws, these Tariffs or laws shall take precedence. If one of the aforementioned provisions should be or become null and void or invalid, the other provisions shall remain unaffected by this.

Contrary Provisions
2.5.
Unless otherwise specified in these Conditions of Carriage, they shall take precedence over other provisions of CIRRUS Airlines Luftfahrtgesellschaft mbH governing the same subject matter.

Article 3: Tickets

General
3.1.
3.1.1.
We shall provide carriage only to the Passenger named on the Ticket and only if he presents a valid Ticket (or, in the case of Electronic Tickets, only if such is stored in our database), containing the Flight Coupon for the relevant flight, all subsequent Flight Coupons and the Passenger Coupon.

We shall reserve the right to check the identity of the Passenger.
3.1.2.
Tickets may not be transferred to other persons.
3.1.3.
There may be restrictions on refunds for Tickets that have been issued at special discounted fares. For the individual provisions, please refer to the corresponding Tariff regulations.
You should choose the air fare best suited to your needs. You may find it expedient to take out insurance cover for Ticket cancellation.
3.1.4.
If you have a discounted Ticket, as described in 3.1.3. above and you are prevented from travelling due to Force Majeure, we shall provide you with a credit memo for the non-refundable amount of the Air Fare, provided that you advise us promptly and provide evidence of such Force Majeure and the Ticket has not yet been used. We shall be entitled to deduct an administration charge, which will be published as appropriate.
3.1.5.
The Ticket shall remain the property of the issuing Carrier at all times. The Ticket shall constitute prima facie evidence of the contract of carriage until contrary evidence is provided. The Conditions of Contract contained in the Ticket shall be a summary of the provisions of these Conditions of Carriage.

Ticket as a Prerequisite of Carriage
3.1.6.
Unless you are travelling with an Electronic Ticket, you shall only be entitled to carriage if you present a valid Ticket issued in the Passenger’s name containing the Flight Coupon for the flight in question, all other unused Flight Coupons and the Passenger Coupon. You shall not be entitled to carriage if the Ticket presented is significantly damaged or has been altered other than by us or an authorized agent. If you are travelling with an Electronic Ticket, you shall only be entitled to carriage if you can provide sufficient identification and if a valid Electronic Ticket has been issued in your name. Damage to/Loss of Ticket or Customer Card
3.1.7. (a)
In the event of considerable damage to or loss of a Ticket or a part of a Ticket or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, we may, at your request, replace such Ticket or part of it without renewed payment of the Air Fare, but for a charge defined by us, if you provide evidence that the Ticket was correctly issued for the carriage in question. We may, in addition, ask you to undertake to pay the Air Fare for the replacement Ticket if the lost Ticket or Flight Coupon is used by somebody else for the purposes of carriage or reimbursement. We shall not request reimbursement for losses that we have caused through our own negligence.
3.1.7. (b)
If you do not provide evidence of loss or if you refuse to sign such an undertaking, the airline that issues a replacement Ticket may request payment up to the full Air Fare. This shall be refunded if the company that issued the original Ticket is satisfied that the lost or damaged Ticket has not been used before the expiry of its validity. If you find the original Ticket and surrender it to the company issuing the Ticket before expiry of the validity, the replacement Ticket shall be refunded immediately.
3.1.7. (c)
If an Electronic Ticket has been referenced to a card (customer card, bank card or credit card) in our database, the card holder shall notify Cirrus immediately of any theft or loss of the credit card, in addition to reporting said theft/loss to the bank or credit card company. Once a card has been reported as invalid, it cannot be re-released for use. If Electronic Tickets issued at the time of the loss are misused before the loss is reported, they shall be charged to the card holder. Liability conditions of the card companies in question shall remain unaffected.

Duty of Care
3.1.8.
Tickets are valuable. You shall be required to safeguard them and to take the necessary precautions against loss and theft.

Period of Validity
3.2.
3.2.1.
Except as otherwise provided in the Ticket, these conditions or in applicable Tariffs, (which may limit the period of validity as shown on the Ticket), a Ticket shall be valid as follows:
3.2.1.1. (a)
one year from the date of issue or
3.2.1.1. (b)
one year from the date of first travel under the Ticket, providing the first travel occurs within one year from the date of issue.
3.2.2.
Where you are prevented from travelling within the period of validity of the Ticket because we are unable to confirm your reservation, the validity of the Ticket shall be extended to the first available time at which we can confirm the reservation, or you shall be entitled to a refund in accordance with Article 10.
Extension of Validity
3.2.3.
If, after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until such time as your health allows you to continue your journey. The extension shall continue until the day on which a medical certificate confirms that you are fit to travel or the day on which we can offer the next available flight on this route in the class of carriage you have booked. Such illness must be attested by a medical certificate. Where the unused part of the route contained in the Ticket involves one or more Stopovers, the validity may be extended for not more than three months after the certificate has confirmed that you are fit to travel. In such circumstances, we shall similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.
3.2.4.
In the event of the death of a Passenger during a journey, the minimum stay condition for persons accompanying the Passenger may be waived or the validity of their Tickets extended. In the event of a death in the immediate family of a Passenger who has commenced his journey, the period of validity of the Tickets of immediate family accompanying the Passenger may likewise be extended. Any such extension shall require a valid death certificate to be presented and shall not be for a period longer than forty-five (45) days from the date of death.

Flight Coupon Sequence and Use
3.3.
3.3.1.
By purchasing a flight ticket for travel with us, you enter into a contract of carriage, starting at the point of departure through to the final destination named on the ticket. A key provision of the contract is that you are required to fly the entire route covering all segments (coupons) of the ticket. In case you cancel a segment or fail to show, the fare for the remaining route shall be the fare that would have been applicable if transportation had been purchased for the new routing at the time of the original booking, which may be higher or lower than the original fare.

Changes Requested by Passenger
3.3.2.
Should you wish to change any aspect of the carriage that you have reserved, you shall be required to contact us in advance. The Air Fare for the changes to carriage will be calculated and you will be given the option of accepting the new price or keeping your carriage as originally ticketed. If the change request is due to Force Majeure, you shall be required to contact us as soon as possible. In such cases, we shall use all reasonable effort to transport you to your next agreed Stopover or final destination, without charging additional costs.
3.3.3.
Should you change your transportation without our agreement, we will recalculate the correct price for the actual transportation. Any difference between the price you have paid and the recalculated Air Fare will be charged or refunded to you. Unused coupons shall not entitle you to carriage.
3.3.4.
We expressly point out that there are only certain conditions under which it is possible for changes to the originally reserved carriage not to entail an increase in the Air Fare; in other cases, such changes may entail increases in the Air Fare. In the event that you do not use the return trip shown on the Ticket, in particular, we shall be entitled to charge you the Normal Fare for a one-way Ticket at the time the original reservation was made. This may be higher than the original price paid. Many fares are valid only for the travel dates shown on the Ticket; these dates may not be changed at all or only on payment of a rebooking fee.
3.3.5.
Each Flight Coupon shall be accepted for transportation in the class of carriage indicated, on the date and flight for which space has been reserved. If Tickets are issued without a reservation being specified, space may be later reserved subject to the availability of space on the flight requested.

Name and Address of Carrier
3.4.
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name on the Ticket.

Article 4: Air Fares, Taxes, Fees and Surcharges

Air Fares
4.1.
Air Fares shall apply only for carriage from the actual point of departure to the point of destination. Air Fares shall not include ground transport services between airports and between airports and town centres. The Air Fare will be calculated in accordance with the Tariffs in effect on the date of payment of the Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary – providing the Tariff regulations permit you to do so -, this may have an impact the Air Fare to be paid. The Air Fare will then be recalculated on the basis of the itinerary actually flown and a subsequent charge may, if necessary, be made to you.

Taxes, Fees and Surcharges
4.2.
All taxes, fees or other duties imposed by government, local or other authorities, or by the operator of an airport in relation to Passengers or their use of services shall be payable by you in addition to the Air Fares. At the time you purchase your Ticket, you will be advised of such taxes, fees and surcharges not included in the Air Fare. These will be shown separately on the Ticket.

Currency
4.3.
Subject to a contrary provision in accordance with applicable law, Air Fares may be paid in any currency acceptable to us. If payment is made in the country of departure in a currency other than the currency in which the Air Fare is published, the exchange rate for such payment shall be the banker's buying rate set by us on the day on which the Ticket is issued.

Article 5: Reservations

Reservation Requirements
5.1.
5.1.1.
We or our authorized agents will record your reservation(s). Upon request, we will provide you with written confirmation of your reservation(s).
5.1.2.
Certain Tariffs shall be subject to restrictive conditions in respect of rebooking or cancellations. For the individual terms, please refer to the Tariff regulations in question.

Ticketing Time Limits
5.2.
If you have not paid the Air Fare by the time agreed with us or the travel agency which issues the Ticket, we may cancel your reservation.

Personal Data
5.3.
You shall agree that you have provided us with your personal data for the following purposes: making flight reservations, purchasing Tickets, obtaining ancillary services, developing and providing services, performing entry procedures and making such data available to the relevant authorities in connection with your travel. For these purposes only, you shall authorize us to forward such data to our own offices, the travel agency which issued the Ticket, authorities, other airlines or other providers of the above-mentioned services.

No Guarantee of a Particular Seat
5.4.
You shall not be entitled to have a particular seat in the class of carriage reserved. Although we make every effort to honour Passenger requests, we cannot guarantee a particular seat. We reserve the right to reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational or security reasons.

Reconfirmation of Reservations
5.5.
5.5.1.
We do not require reconfirmation for our flights. If other Carriers require the Passenger to reconfirm onward or return reservations, failure to comply with any such requirement shall entitle the Carrier to cancel the onward or return reservation.
5.5.2.
You should find out about the reconfirmation conditions of other Carriers used during your journey. Where reconfirmation is required, you must reconfirm with the Carrier whose Airline Designator Code appears for the route in question in the “Carrier” box of the Ticket.

Carrier Cancellation of Onward or Return Reservations where Space Is Unoccupied
5.6.
If you do not claim a transportation place reserved for you on a flight without advising us in advance, we shall be entitled to cancel any onward or return reservation arranged for you.

If you do advise us in advance, we shall preserve the onward or return reservations.
5.7.
A processing charge may be levied if you
5.7.1.
fail to arrive for departure at the airport or other point of departure by the time fixed by us and therefore do not use space for which a reservation has been made for you or
5.7.2.
appear with inadequate papers and therefore not ready to travel and, for this reason, do not use space for which a reservation has been made for you or
5.7.3.
cancel your reservation later than the time limit for cancellation prescribed by the Carrier. The processing charge shall not be levied if you cancel your reservation due to a flight delay or cancellation or omission of a scheduled stop or failure to provide space on the flight in question or if you fail to arrive for departure for one of the aforementioned reasons.

Article 6: Check-In and Boarding

6.1.
Check-in deadlines vary from airport to airport and we recommend that you find out about these check-in deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with check-in deadlines. We shall be entitled to cancel your reservation if you do not comply with these deadlines. We or our authorized agents will advise you of the check-in deadline for the first leg of your itinerary operated by us. The check-in deadlines for our flights are mentioned in our current time tables or can be obtained from our authorized agents. Unless otherwise indicated, the check-in deadlines shall be at least 30 minutes prior to the scheduled departure.

6.2.
You shall be required to be present at the boarding gate not later than the time specified by us at check-in. If you do not appear in time for boarding, we shall be entitled to cancel your reservation.

6.3.
We shall not be liable to you for any loss or expense incurred, which is caused by your failure to comply with these provisions.

Article 7: Limitation and Refusal of Carriage

Right to Refuse Carriage
7.1.
We may refuse to carry you on your journey or onward journey if , in our dutiful judgement, we have notified you in writing that we will not carry you on our flights at any time after the date of such notice. This may be the case if, on a previous flight, you have infringed the rules of behaviour specified in Articles 7 and 11 and there is reason to believe that you may repeat this behaviour. Furthermore, we may refuse to carry you on your journey or onward journey or cancel your reservation if
7.1.1.
such action is necessary for reasons of safety or order or to prevent violation of regulations of a state to be flown from, to or over; or
7.1.2.
carrying you may adversely affect the security, health or wellbeing of other passengers; or
7.1.3.
your conduct or mental or physical state, including the effects of alcohol or drugs, presents a hazard or risk to yourself, other passengers or members of the crew; or
7.1.4.
you have refused to undergo a security check; or
7.1.5.
you have not paid the applicable Air Fare, taxes, fees or surcharges; or
7.1.6.
you do not have valid travel documents, intend to enter a country through which you are only entitled to transit or for which you do not have valid entry papers, destroy your travel documents during the flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested; or
7.1.7.
you present a Ticket that has been acquired illegally or purchased from third parties other than our authorized agents or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named on the Ticket;or
7.1.8.
you have failed to comply with the requirements set forth in Article 3.3. above concerning the sequence in which flight coupons are to be used, or you present a Ticket which has been issued by agencies other than our own or a travel agency authorized to issue Cirrus Tickets, or the Ticket is not inconsiderably damaged; or
7.1.9.
you fail to observe our instructions with respect to security; or
7.1.10.
you fail to observe the non-smoking rule that applies both when boarding and when on board all our aircrafts or the ban on using electronic equipment on board.

Special Assistance
7.2.
7.2.1.
The carriage of incapacitated persons, pregnant women, persons with illness or other people requiring special assistance shall require prior arrangement with us. Passengers who have advised us of the necessity of special assistance when purchasing their Ticket and have been accepted by us, shall not subsequently be refused carriage on the basis of such special assistance.
Carriage of Children
7.2.2.
Children up to the age of 5 may only travel in the company of an adult who is at least 18 years old or accompanied by brother or sister who are at least 16 years of age. The carriage of unaccompanied minors (aged between 5 and 12) shall require prior arrangement with us and shall be subject to the published fee and the regulations that can be obtained from our sales offices and from the travel agencies that issue Cirrus Tickets.

Small children may be carried in their own children’s seat on an additionally reserved seat or secured by means of a loop belt. Römer King Quickfix, Maxi Cosi Mico, Maxi Cosi City, Storchenmühle Maximum are currently generally permitted as children’s seats. Luftikid is also permitted for some aircraft. More detailed information can be retrieved under "Questions & Answers” on www.cirrusairlines.de or obtained when you make a reservation.

Recourse when Carriage Refused
7.3.
If you are refused carriage or your reservation is cancelled for one of the aforementioned reasons, your recourse shall be limited to requesting a refund of the Air Fare for the unused Flight Coupons pursuant to Article 10.3.

Article 8: Baggage

Free Baggage Allowance
8.1.
You may carry some Baggage free of charge, subject to our limitations, which are mentioned on the Ticket or are available from us or the travel agencies which issue Cirrus Tickets. The weight of each piece of baggage may, however, not exceed 20 kilograms (Economy Class) or 30 kilograms (Business Class).
Cirrus Airlines reserves the right to make special regulations (e.g. for Frequent Flyers and Senators). For more information, please refer to www.cirrusairlines.de

Excess Baggage
8.2.
You shall be required to pay a surcharge for carriage of Baggage in excess of the free Baggage allowance and special Baggage. These rates are available from us or the travel agencies which issue Cirrus Tickets.

Items Unacceptable as Baggage
8.3.
8.3.1.
You must not include in your Baggage:
8.3.1.1.
items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the ICAO or IATA Dangerous Goods Regulations, which are available from us or the travel agencies which issue Cirrus Tickets. These include, in particular, explosives, compressed gases, oxidizing, radioactive or magnetizing materials, materials that are easily ignited, poisonous or corrosive substances, and liquids of any kind (other than liquids in your Unchecked Baggage for use during the journey);
for current regulations regarding restrictions on Unchecked Baggage and items in Unchecked Baggage, please refer to our Website (www.cirrusairlines.de)
8.3.1.2.
items whose carriage is prohibited by the regulations of any state to be flown from or to;
8.3.1.3.
items which are unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size or character, or which are fragile or perishable or especially delicate. More detailed explanations about individual items are available from us or the travel agencies which issue Cirrus Tickets;
8.3.1.4
The following classes of items are deemed unsuitable as checked baggage, but may be taken on board as carry-on baggage: items considered fragile (e.g. works of art, electronic articles like notebooks, digital camera, etc.), precious (e.g. cash, securities, checks, credit cards, EC debit cards, etc.), and/or not easily replaceable (e.g. exposed films/photos, illustrations, etc.).
8.3.1.5
DAA baggage (delivery at aircraft) is deemed carry-on baggage, although it is transported in the cargo hold. Hence, it is not suitable for transport of items considered fragile (e.g. works of art, electronic articles like notebooks, digital camera, etc.), precious (e.g. cash, securities, checks, credit cards, EC debit cards, etc.), and/or not easily replaceable (e.g. exposed films/photos, illustrations, etc.). 

8.3.2.
If you are in possession of, or your baggage includes, (a) weapons of any kind, in particular, side arms and sprays used for offensive or defensive purposes, (b) ammunition and explosives, (c) articles which, judging by their outward appearance or markings, appear to be weapons, ammunition or explosives, you shall present them to us for inspection prior to commencing your journey. We shall accept such articles for carriage only if they are carried as cargo or Checked Baggage in accordance with the regulations governing carriage of dangerous goods. Sentence 2 shall not apply to police officers who, in performance of their official duties, are required to carry arms. During the flight, they shall hand over their arms to the flight captain.
8.3.3
Weapons of any kind, in particular, side arms or thrust arms and sprays. Sporting firearms may be accepted as Baggage at our discretion. They must be unloaded with the safety catch on. Carriage of ammunition shall be subject to ICAO and IATA regulations as specified in 8.3.1.1
8.3.4
We shall not be liable for any items that are included in your Checked Baggage contrary to the provisions in 8.3.1 and 8.3.2.

Right to Refuse Carriage
8.4.
8.4.1.
Subject to paragraphs 8.3.2 and 8.3.3, we shall refuse to carry as Baggage each and every item described in 8.3, and we may refuse further carriage of any such items if they are discovered to exist during carriage.
8.4.2.
We may refuse to carry as Baggage any item that is unsuitable for carriage because of its size, shape, weight, character and content, or for safety reasons, or with regard to the wellbeing of other passengers. Information about items that are unsuitable for carriage is available upon request.
8.4.3
We may refuse to accept Baggage for carriage unless it is properly packed in suitcases or suitable containers, in order to ensure safe carriage with the customary handling care.

Search of Passenger and Baggage
8.5.
For reasons of security, we may require you to agree to a search or screen of your person and your Baggage as well as an X-ray of your Baggage. If you are unwilling to comply with a request to make a search of your person or your Baggage to check for the presence of articles which are inadmissible, or have not been presented, in accordance with paragraph 8.3, we may refuse to carry you or your Baggage; in that event, we shall be under no liability except to refund you in accordance with Article 10.3 of these Conditions of Carriage.

Checked Baggage
8.6.
8.6.1.
We shall take custody of Baggage delivered to us to be checked. We shall then make an appropriate entry on the Ticket which shall constitute the issue of the Baggage Check. Any Baggage Tags issued by us in addition to the Baggage Check shall be for identification purposes only.
8.6.2.
Checked Baggage must have your name and address or your contact data affixed to it.
8.6.3.
Checked Baggage shall be carried on the same aircraft as you, unless we decide for security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight, we shall deliver it to your place of residence, unless you are required to be present at the customs inspection.

Unchecked Baggage
8.7.
8.7.1.
Specifications regarding quantity, maximum weight and maximum dimensions for Unchecked Baggage are available from us or the travel agencies which issue Cirrus Tickets. In any case, Unchecked Baggage must fit under the seat in front of you or in the storage compartments. If your Unchecked Baggage does not meet these conditions or does not comply with the safety requirements, it must be carried as Checked Baggage.
8.7.2.
Items not suitable for carriage in the hold, such as sensitive musical instruments, and which do not meet the requirements in 8.7.1 above, shall only be accepted for carriage in the cabin compartment if you have given us notice in advance and carriage permission has been granted by us. You may have to pay a surcharge for this special service.

Return of Checked Baggage
8.8.
8.8.1.
You shall be required to take delivery of your Baggage as soon as it is made available for collection at your destination or Stopover. If you do not collect it immediately, we may charge storage fees.
8.8.2.
We shall only deliver Checked Baggage to the bearer of the Baggage Check upon payment of all unpaid sums due to us.
8.8.3.
If a person collecting the Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Tag (if one has been issued), we shall deliver the Baggage to such person only on condition that he establishes to our satisfaction his right to take delivery.

Pets, Guide Dogs
8.9.
8.9.1.
Carriage of dogs, cats and other pets shall be subject to our approval and the following conditions. You must notify us of any animals travelling with you when you make your reservation, but in any case no later than 48 hours before the departure deadline, by calling +49 (0)811-99999-40 or +49 (0)180 55 44 005 (0.14 € / minute out of the German fixed line). The animals must be properly enclosed in water-proof transport containers and accompanied by valid health and vaccination certificates, entry permits or other entry or transit papers required by the countries in question. The weight of eight kilograms (including the transport containers) must not be exceeded. The transport container must not exceed the dimensions of 55x40x20cm and must be stowed, together with the enclosed animal, on the cabin floor under the seat in front of you for the entire stay in the cabin. It shall be your responsibility to make sure that the above-mentioned points are adhered to.
We reserve the right to determine the manner of carriage and to limit the number of animals which may be carried on a flight.
8.9.2.
The weight of the pets carried including the weight of containers and food shall not be included in the free baggage allowance of the Passenger; rather, a surcharge shall be payable at the rate applicable to excess baggage.
8.9.3.
Guide dogs and similar assistance animals, together with containers and food, shall be carried free of charge, in addition to the normal free baggage allowance. For no charge to be levied and carriage to be provided in the cabin, you shall need to provide evidence of medical necessity.
8.9.4.
We shall assume no responsibility and shall have no liability for any such animal being without the necessary entry, exit, health and other papers for entry into and passage through the countries in question, unless such has been caused by our gross negligence or wilful intent. You shall be liable for all damage which the pet travelling with you causes to third parties and indemnify us in this respect against all liability.

Article 9: Timetables, Delays and Cancellations of Flights

Timetables
9.1.
9.1.1.
The flight times published in timetables may change between the date of publication and the date of travel. We shall not guarantee them and they shall not form part of the contract of carriage.
9.1.2.
Before we accept your booking request, we shall notify you of the scheduled departure time as is valid at the time and shall enter it on your Ticket. We may, however, need to change the scheduled departure time after the Ticket has been issued. If you provide us with a contact address, we shall endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the departure time which is not acceptable to you and we cannot rebook you on a flight that is acceptable to you, you shall be entitled to a refund in accordance with the provisions of Article 10.2.

Cancellations, Rebookings, Delays
9.2.
9.2.1.
We shall make every effort to avoid delays. In making these efforts and in order to avoid flight cancellations, we may, in exceptional circumstances beyond our control, arrange for a flight to be operated on our behalf by an alternative aircraft or by another carrier. In the latter case, we shall immediately take all appropriate steps to make sure that you are informed of the change as quickly as possible. At the very latest, you will be informed at check-in or, if no check-in is required for a connecting flight, you will be informed during boarding.
9.2.2.
In the event of flight cancellations or flight delays, we shall provide the services defined in Regulation EC 261/2004 if the statutory conditions exist.

Article 10: Refunds

General
10.1.
We shall refund an unused Ticket or an unused portion thereof in accordance with the following paragraphs of this Article and the Tariff regulations in question, taking into account the cancellation conditions:
Recipient of Refund
10.1.1.
Except as otherwise provided in this Article, the refund shall be made 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.
10.1.2.
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 according to that person's instruction.
10.1.3.
Except in the case of a lost Ticket, a refund shall only be made on surrender of the Passenger Coupon and return of all unused Flight Coupons.
10.1.4.
A refund made to anyone presenting the Passenger Coupon and all unused Flight Coupons and passing himself off as a person to whom refund may be made in terms of paragraphs 10.1.10 or 10.1.2 shall be deemed a refund to such person.

Refund in the Event of Flight Cancellations and Changes
10.2.
10.2.1.
If we cancel a flight, fail to operate a flight according to the timetable, fail to stop at your destination or Stopover or cause you to miss a connecting flight for which you hold a reservation, the amount of the refund shall be as follows:
10.2.1.1.
if no portion of the Ticket has been used, an amount equal to the air fare,
10.2.1.2.
if a portion of the Ticket has been used, the refund shall not be less than the difference between the Air Fare paid and the Air Fare applicable to travel between the points for which the Ticket has been used.

Refund at the Request of the Passenger
10.3.
10.3.1.
If you request a refund of your Ticket for reasons other than those set out in 10.2.1, the amount of the refund shall be as follows:
10.3.1.1.
if no portion of the Ticket has been used, an amount equal to the Air Fare paid, minus applicable fees,
10.3.1.2.
if a portion of the Ticket has been used, the refund shall be equivalent to the difference between the Air Fare paid and the Air Fare applicable to travel between the points for which the Ticket has been used, minus applicable fees. Those Tickets for which no refund is generally possible according to the Tariff regulations that apply to the Tariff you have chosen shall be excluded from the provisions of Articles 10.3.1.1 and 10.3.1.2.

Refund on Lost Ticket
10.4.
10.4.1.
If a Ticket or part thereof is lost, a refund shall be made on satisfactory proof of loss and payment of the applicable fee, provided that:
10.4.1.1.
the lost Ticket or Flight Coupon has not been used for the purposes of carriage or a refund or replaced without renewed payment of the Air Fare (except where the use, refund or replacement by or to a third party resulted from our own negligence):
10.4.1.2.
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 that a third party presents and uses the lost Ticket or Flight Coupon for the purposes of carriage or a refund (except where the improper use by a third party resulted from our own negligence).
10.4.2.
If we or our authorized agent lose the Ticket or a part of it, the loss shall be our responsibility.

Refusal of Refunds
10.5.
10.5.1.
We may refuse to grant a refund if application therefor is made later than six months after expiry of the period of validity of the Ticket.
10.5.2.
We reserve the right to refuse a refund on a Ticket which you have presented to the authorities of a country or a Carrier as evidence of your 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 carrier or means of transport.

Currency
10.6.
We reserve the right to refund a Ticket in the same way and in the same currency that was used to pay for the Ticket.

Refund
10.7.
A refund shall only be granted by the Carrier or that travel agency which originally issued the Ticket.

Refund when Payment is by Credit Card
10.8.
Refunds of Tickets paid for with credit cards shall only be credited to the credit card account originally used for payment. In accordance with the rules defined in this Article, the refundable amount to be paid shall be based solely on the amount and the currency entered in the Ticket. The refundable amount credited to the credit card account of the credit card holder may vary from the amount originally paid to the credit card company for the Ticket, due to currency conversions and fees. Such differences shall not entitle the recipient of the refund to claim against us.

Article 11: Behaviour on Board the Aircraft

General
11.1.
If, while you are on board, you behave in a way that endangers 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 those in respect of smoking, alcohol or drug consumption, or in a way that causes inconvenience or damage to other passengers or the crew, we reserve the right to take the measures necessary to prevent continuation of such conduct, including restraint. We may refuse your onward carriage and may prosecute you for your conduct on board the aircraft.

Electronic Devices
11.2.
Unauthorized operation, aboard the aircraft, of electronic equipment, e.g. mobile phones, laptop computers, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies shall be prohibited and may be liable to prosecution. Operation of hearing aids and heart pacemakers shall be permitted.

Non-Smoking Flights
11.3.
All CIRRUS Airline flights shall be non-smoking flights. Smoking shall be prohibited in all areas of the aircraft.

11.4.
While seated, you shall keep your seat belt fastened during the entire flight.

Article 12: Additional Services

12.1.
If we arrange services other than flight services with third parties on your behalf or issue carriage documents for transportation services other than flight services, we shall do so only as your agent.
The terms and conditions of the service provider in question shall apply in such cases.

12.2.
Conditions other than these Conditions of Carriage shall apply to feeder services that we ourselves provide for our Passengers and do not involve flight services. They will be forwarded to you on request.

Article 13: Administrative Formalities

General
13.1.
13.1.1.
It shall be your duty and personal responsibility to obtain the necessary travel documents and visas and to comply with all regulations of countries to be flown over, to or from; the same shall apply to our regulations and instructions in this respect. We shall not be required to provide you with information about the entry procedures of the countries concerned.
13.1.2.
We shall not be liable for any consequences that you suffer as a result of your failure to obtain the necessary papers or to comply with the relevant regulations or instructions.

Travel Documents
13.2.
Before commencing your journey, you must present all entry and exit papers, health certificates and other documents required by the countries concerned and permit us to make copies thereof. We reserve the right to refuse carriage if you do not comply with the regulations or if your documents are incomplete, and we shall not be liable for losses or expenses which result from your failure to observe these regulations.

Refusal of Entry
13.3.
If you are denied entry into a country, you shall be required to pay any fine imposed on us by the country concerned. You shall also be required to pay the applicable Air Fare if an authority instructs us to transport you to your place of departure or another location as a result of your not being allowed to enter a country (transit or destination country). To pay this Air Fare, we may use any funds that you have paid to us for unused carriage or any of your funds that are in our possession. We shall not refund the Air Fare collected for carriage to the point of refusal of entry or deportation.

Passenger’s Liability for Fines
13.4.
If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with the entry or transit regulations of the country concerned or to produce the proper documents required by these regulations, you shall reimburse us, on demand, for any amount so paid or expenditure so incurred. We shall be entitled to use the value of any unused Tickets or any funds in your possession to cover such expenditure. The value of the fine or penalty may vary from country to country and may be well in excess of the Air Fare paid. Please therefore make sure, in your own interest, that you observe the entry regulations.

Customs Inspection
13.5.
If required, you shall be present at inspection of your Checked and Unchecked Baggage, by customs or other officials. We shall not be liable for any loss or damage incurred by you in the course of such inspection or through your failure to comply with this requirement.

Security Inspection
13.6.
You shall be obliged to undergo any security checks of your person and your Baggage by authorities, airport companies or us.

Transmission of Data
13.7.
We shall be entitled to transmit your passport data and all personal data which we have processed and used in connection with your flight to domestic and foreign authorities (including authorities in the USA and Canada) if the authority’s transmission request is made due to compelling legal provisions and is therefore required to fulfil the Contract of Carriage.

Article 14: Successive Carriers

Carriage that is to be performed by several successive Carriers under one Ticket and under a Conjunction Ticket issued in connection with it shall be regarded as a single operation. However, please refer to Article 15.1.2.

Article 15: Liability for Damage

General
15.1.
The liability of CIRRUS Airlines Luftfahrtgesellschaft mbH and that of every other Carrier that performs carriages as contractual partners shall be determined by its own Conditions of Carriage.
15.1.1.
Carriage shall be subject to the liability provisions of the Convention, which has been implemented by means of regulation (EG) No. 889/2002 in the European Community and by national legislation in the Member States.
15.1.2. (a)
If we prove that the person making a claim for damages or his legal predecessor has caused or contributed to the damage by a tortious action or omission, be it only negligent, we shall be accordingly exempt from our liability.
15.1.2. (b)
We shall be liable only for damage occurring on our own flight services. If we issue Tickets for the carriage of flight services of another Carrier or accept Baggage for carriage on flight services of another Carrier, we shall do so only as an agent for such other Carrier. Nevertheless, with respect to Checked Baggage, you shall also have a right to claim damages against the first or last Carrier.
15.1.2. (c)
If the airline company actually performing the flight is not the same as the contracting airline company, you may address your complaint or claims for damages to either. If the name or code (Code Share) of an airline company is indicated on the Ticket, that airline company shall be the contracting Carrier.
15.1.2. (d)
We shall not be liable for any damage arising from our compliance with government regulations or from your failure to meet the resulting obligations.
15.1.2. (e)
Our liability shall not exceed the amount of proven damage under any circumstances. We shall only be liable for indirect or consequential damage if such damage was caused by our gross negligence or wilful intent; the provisions of the Convention shall remain unaffected.
15.1.2. (f)
Any exclusion or limitation of our liability shall also apply analogously to and be for the benefit of our agents, employees and representatives and any person whose aircraft is used by us and such person's agents, employees and representatives. The total damages that we and the above-mentioned persons shall pay must not exceed the amount of our limit of liability.
15.1.3.
Unless expressly provided otherwise, none of these Conditions of Carriage shall waive any exclusion or limitation of liability that applies to us under the Convention or applicable law.

Damages in the Event of Death or Bodily Injury
15.2.
15.2.1
There shall be no maximum liability amounts for passenger injury or death. For damages up to 100,000 SDRs (approx. 122,000 Euro), the airline company shall not be able to contest claims for damages with reference to fault. The airline company may defend itself against claims in excess of this amount by proving that it was neither negligent nor otherwise at fault.
Advance Payments
15.2.2.
If a Passenger is killed or injured, the airline company shall make an advance payment within 15 days of identifying the person entitled to compensation, to cover the immediate economic needs. In the event of death, the advance payment shall not be less than 16,000 SDRs (approx. 19,500 Euro).

Damage to Baggage
15.3.
Destruction, Loss or Damage to Baggage
15.3.1.
We shall be liable for the destruction, loss or damage to baggage up to 1,000 SDRs (approx. 1,220 Euro). In the case of Checked Baggage, we shall be liable even if not at fault, unless the baggage was previously defective or unless the damage is due to the peculiarity of the Baggage or an inherent shortcoming. In the case of Unchecked Baggage, we shall be liable only if at fault.
Higher Liability Limit for Baggage
15.3.2.
A Passenger may benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a surcharge.
15.3.3.
If Baggage is damaged, lost or destroyed, the Passenger must make a complaint in writing to the Carrier as soon as possible. In the case of damage to Checked Baggage, the Passenger must make a complaint in writing within seven days and, in the case of delayed Baggage, within 21 days, from the date on which the Baggage was made available to him.
15.3.4.
We shall be liable for damage to carry-on baggage only if the damage was due to negligence on our part and if the items were appropriately packaged by the passenger to protect them against damage.
15.3.5.
We shall not be liable for damage caused by items contained in your Baggage unless we caused such damage by our gross negligence or wilful intent. If items in your Baggage cause damage to another passenger's Baggage or to our property, you shall compensate us for all losses and expenses incurred by us as a result.
15.3.6.
We shall not be liable for any checked or DAA baggage tendered in violation of Sections 8.3.1.4 and 8.3.1.5.

Passenger Delays
15.4.
15.4.1.
We shall be liable for any damage caused by Passenger delay unless we have taken all reasonable measures to avoid damage or it was impossible to take such measures. Liability in the case of Passenger delay shall be limited to 4,150 SDRs (approx. 5,077 Euro). In the case of a flight delay of more than 2 hours, we shall provide assistance pursuant to Regulation (EC) No. 261/2004.
Baggage Delays
15.4.2.
We shall be liable for any damage caused by Baggage delay unless we have taken all reasonable measures to avoid damage or it was impossible to take such measures. Liability for damage caused by delays in transporting Baggage shall be limited to 1,000 SDRs (approx. 1,220 Euro).

Non-Carriage Due to Overbooking
15.5.
In the event of our being unable to carry you due to overbooking, we shall provide compensation, assistance and refunds pursuant to Regulation (EC) 261/2004.
15.5.1.
When allocating available places, we shall give priority to unaccompanied children, ill and handicapped Passengers. In all other cases, Passengers shall be accepted for Carriage in the order in which they check in, taking due account of their interests.
15.5.2.
If we expect to deny Passengers carriage on a flight, we shall first attempt to make arrangements with Passengers who are willing to waive their reservation.
15.5.3.
Pursuant to Regulation (EC) 261/2004, provision has been made for compensation as follows:

On all flights having a distance of 0 km - 1,500 km to the destination, the compensation amount shall be 250 Euro. Compensation may be reduced by 50% if the arrival time of the alternative flight provided by us is not later than 2 hours after the original arrival time of the flight.

On all flights within the European Community having a distance of more than 1,500 km as well as on all other flights having a distance of 1,500 km - 3,500 km, the compensation amount shall be 400 Euro. Compensation may be reduced by 50% if the arrival time of the alternative flight provided by us is not later than 3 hours after the original arrival time of the flight.

On all other flights outside the European Community and having a distance of more than 3,500 km, the compensation amount shall be 600 Euro. Compensation may be reduced by 50% if the arrival time of the alternative flight provided by us is not later than 4 hours after the original arrival time of the flight.

Payment shall be made in local currency, at least in line with the fixed rate of exchange valid for the Euro. Compensation shall be paid in cash (bank transfer) or in the form of travel vouchers, at your option.
15.5.4.
The compensation shall be offset against any further claims for damage.

15.6.
Cancellations
In the event of flight cancellations, we shall provide assistance pursuant to Regulation (EC) 261/2004. We shall also provide compensation under the conditions defined in the Regulation. If we have informed you in advance of the cancellation within the deadlines defined there, no compensation shall be payable. We shall also provide no compensation if we can prove that the cancellation is due to unusual circumstances which we could not have avoided even if we had taken all reasonable measures. If compensation has to be provided, it shall be equivalent to the amounts specified under 15.5.3.

Lower Class of Carriage
15.7.
If the Passenger is carried in a lower class than that booked, he shall be entitled to a refund according to Regulation EC 261/2004.

Article 16: Deadlines for Claims for Damages and Actions

Baggage Complaints
16.1.
If you take delivery of Checked Baggage without making a complaint, it shall be assumed that it was delivered in good condition and in accordance with the contract of carriage until such time as contrary evidence is provided. Action shall be excluded in the case of damage to Baggage unless the person entitled to delivery complains to the Carrier immediately after discovering the damage; in the case of international travel, this shall be no later than seven days after the date of receipt. The same shall apply to damage caused by the delayed delivery of Baggage, subject to the proviso that you shall make such complaint immediately, but in any case no later than 21 days after the date on which the baggage has been placed at your disposal. Notification of the damage shall be made in writing.

Action Deadlines
16.2.
An action for compensation for damages of any kind may only be brought, in the case of international carriage, within a term of preclusion of two years, reckoned from the date of arrival of the aircraft at the destination or from the date on which the aircraft ought to have arrived or from the date on which carriage was terminated. Calculation of the deadline shall be determined by the law of the court appealed to.

Article 17: Other Provisions

Carriage shall be subject to further regulations and conditions which are applicable to us or have been published by us. These regulations and conditions are important and may be subject to changes. They relate, for example, to the carriage of minors, pregnant women, Passengers with illnesses, restrictions in respect of electronic devices or the consumption of alcohol on board. We shall forward all regulations and conditions on request.