General Conditions of Carriage for Passengers and Baggage (GCC)

Unless otherwise stated in the wording or the context, the following expressions have the meaning assigned to them in each case in the adjacent text:

We / Discover
denotes EW Discover GmbH

You
refers to all persons who are transported on the basis of having a ticket (see also the definition “passenger”)

Code share
is air transport carried out by an air carrier other than the one designated in the ticket.
If you would like to take a flight that is operated by one of our code share partners, in Article 2.2. please read what deviations from these Terms and Conditions of Carriage may be observed for code share flights.

Electronic flight ticket
is the ticket stored in the reservation system by us or stored on our behalf, which can be proved by the “Itinerary Receipt” or “Travel Plan” or “Travel Confirmation” which is given to the passenger.

passenger
means any person who is or is to be transported on an aircraft based on having a ticket.

Passenger coupon or passenger receipt
is the part of the ticket issued by us or on our behalf, which bears a corresponding note and remains with the passenger.

Airfare
is the final price to be paid in accordance with Art. 23 para. 1 sentence 2 Regulation (EC) 1008/2008, including all applicable taxes and fees, surcharges and charges.

Ticket
is the document issued for the air carrier by us or on our behalf, which is marked as a “flight and baggage ticket” or as an “etix®”; the contractual terms and information contained therein, as well as flight and passenger coupons, are an integral part of the ticket.

Baggage
means all items intended for your use. Unless otherwise specified, this term includes both passengers’ checked and unchecked baggage.

Checked baggage
is the baggage that we take into our charge and for which we have issued a baggage check tag.

Unchecked baggage
is your baggage, with the exception of checked baggage.

Baggage identification tag
is a ticket issued by us exclusively to identify any checked baggage: we attach the baggage tag portion to the item of checked baggage and give the baggage identification part to you.

Baggage ticket, baggage stub
is the portion of the ticket that relates to the transportation of your checked baggage.

Force majeure
refers to unusual and unforeseeable circumstances that are beyond our control and that cannot be avoided even if all due care is exercised.

Itinerary Receipt
is the travel document that we send to you when you travel with electronic flight tickets, containing your name and flight information and notes. You must keep this document and carry it with you throughout the entire trip.

Air carrier
is any air carrier that transports the passenger and/or their baggage on the basis of a ticket whose airline designator code appears on the ticket.

Check-in deadline
is the time specified by us or the respective air carrier by which you must have completed your check-in formalities and must be in possession of your boarding pass.

Name and address of the air carrier
Our name may be shortened on the flight ticket in the form of the airline designator code or in any other way. Our address is also located at the departure airport. This appears on the ticket opposite the first abbreviation of our name.

Damage
includes death, bodily injury, damage caused by delay, loss or other damage of any kind arising from or in connection with the carriage or other services provided by the air carrier.

SDRs
are the special drawing rights according to the definition of the International Monetary Fund.

Days
are full calendar days, including Sundays and public holidays; in the case of notifications, the dispatch date of the notification is not included; when determining the validity period, the day on the ticket or the day of departure is not included.

Fares
means the published airfares, taxes and fees and/or an airline’s relevant terms and conditions of carriage. Certain fares are subject to restrictive terms and conditions regarding changes to bookings or cancelation. Please refer to the respective fare conditions for the individual terms and conditions. If desired, our fares can be viewed.
If you would like to take a flight that is operated by one of our code share partners, in Article 2.2. please read what deviations from these Terms and Conditions of Carriage may be observed for code share flights.

Convention
refers to following legal basis(es) where applicable:

• the convention signed on October 12, 1929 in Warsaw to standardize certain transportation regulations in international air transport;
• the Warsaw Convention in its version amended on September 28, 1955;
• the Warsaw Convention in its version amended by the Montreal Protocol No. 1 (1975);
• the Warsaw Convention in the version of the Hague Protocol and the Montreal Protocol No. 2 (1975);
• the supplementary convention of Guadalajara (1961);
• the Convention signed in Montreal on May 28, 1999, to standardize certain regulations on international air transport (hereinafter referred to as the Montreal Convention).

2.1 General information
These Terms and Conditions of Carriage are the terms and conditions of carriage referred to on the ticket. Subject to the provisions in paragraphs 2.2 and 2.3 of this article, they are only applicable to transportation where our airline code (4Y) is entered in the ticket’s carrier column.

2.2 Code share
We have entered into agreements known as “Code Share” with other airlines. This means that even if Discover (4Y) is entered as the air carrier in the carrier column of the ticket, transportation may be carried out by another airline. If the flight is a code share flight, during the booking process Discover will inform you which carrier will be providing the flight.
These terms and conditions of carriage apply to code share services on flights operated by other carriers. However, code share partners may have provisions regarding the operation of their own flights that differ from the provisions for flights operated by Discover. Therefore, Code share partners’ terms and conditions of carriage are incorporated into these terms and conditions of carriage, thereby forming part of the contract of carriage.
You should read through the provisions for flights that are operated by another carrier under a code share agreement and familiarize yourself with special details such as check-in times, requirements and guidelines regarding the transportation of unaccompanied minors, the transportation of animals, refusal of carriage, oxygen devices, operating irregularities, compensation for refusal of carriage and baggage allowances/receipt, etc.

2.3 Conflicting law
If any provision contained or referred to in these terms and conditions of carriage is in conflict with our fares or laws, these fares or laws shall prevail. If individual provisions are invalid under applicable law, the remaining provisions shall continue to apply.

3.1 General information
3.1.1 We only provide the passenger with the transportation service specified on the ticket and only upon presentation of a valid ticket or, in the case of an electronic booking of a valid ETIX deposit in the booking system, which contains the flight coupon for the respective flight, all subsequent flight coupons and the passenger coupon. We reserve the right to verify your identity.
3.1.2 Air tickets are not transferable.
3.1.3 Ticket refunds may be restricted. Please refer to the respective fare conditions for the conditions. You should choose the fare that best suits your needs.

3.2 Flight ticket as a condition for carriage
For travel with an electronic flight ticket, we can only guarantee carriage if the passenger can prove their identity by means of an official document and if a valid electronic ticket has been issued in the passenger’s name.

3.3 Validity period
3.3.1 Unless otherwise specified in the ticket, these Terms and Conditions or applicable fares (which may limit the period of validity of the ticket as specified in the ticket), a ticket is valid as shown in the following:
3.3.1.1 one year, calculated from the date of issue or
3.3.1.2 one year, calculated from the time the trip starts, provided that this is completed within one year from the time that the ticket is issued.

3.4 Changes at the passenger’s request
3.4.1 If you have selected a fare that provides for a fixed ticket sequence, please note: if you do not travel on all routes or not in the order of the individual partial routes specified on the ticket with travel dates that are otherwise unchanged, we will recalculate the airfare in accordance with your changed itinerary. We will then calculate the airfare that you would have had to pay in your price group on the day of your booking for your actual itinerary. This may be higher or lower than the airfare originally paid. If the price group you originally booked was not available for the changed itinerary on the day of the reservation, the lowest available fare group for your changed itinerary will be used to perform the recalculation.
3.4.2 If a higher airfare would have been payable for your changed itinerary on the day of booking, we will subsequently charge the difference, taking into account the airfare already paid. Please note that we may make carriage dependent on your having paid the difference. If you have a refundable ticket in accordance with the fare conditions and have not yet used any part of the journey, you are free to have the ticket price refunded according to the fare conditions. You will then lose your claim to be transported. This Article 3.4.2 does not apply to the transportation of users who reside in Austria.
3.4.3 The following applies to the transportation of users residing in Austria:
If you have selected a fare that provides for a fixed ticket sequence, please note: if you do not travel on all routes or not in the order of the individual partial routes specified on the ticket with travel dates that are otherwise unchanged, we will recalculate the airfare in accordance with your changed itinerary. This does not apply if, due to force majeure, illness, or for a reason for which you are not responsible, you are prevented from starting the trip in all or in the sequence of the individual routes specified in the ticket and from informing us of and proving the relevant reasons immediately after becoming aware of them. If a recalculation is required, we will then calculate the airfare that you would have had to pay in your price group on the day of your booking for your actual itinerary. This may be a higher or lower price than the airfare originally paid. If the price group you originally booked was not available for the changed itinerary on the day of the reservation, the lowest available fare group for your changed itinerary will be used to perform the recalculation.
If a higher airfare would have been payable for your changed itinerary on the day of booking, we will subsequently charge the difference, taking into account the airfare already paid. Please note that we may make carriage dependent on your having paid the difference.

If you have a refundable ticket in accordance with the fare conditions and have not yet used any part of the journey, you are free to have the ticket price refunded according to the fare conditions. You will then lose your claim to be transported.

4.1 Airfares
The final price due shall be the price for transportation from the actual place of departure to the actual place of destination. It consists of the airfare and the taxes, fees and surcharges incurred. It will be calculated in accordance with the fare that is valid on the date of booking the ticket for the flight dates and flight routes specified on the ticket. Airfares do not include ground transfer services between airports and between airports and city centers. The airfare may include surcharges levied by the airline.

4.2 Taxes, fees and charges
All taxes, fees or other charges levied by government, municipal or other authorities or the airport company in relation to passengers or their use of services are included in the final price and will be payable by you in addition to the air fares, but will always be indicated in the final price.

4.3 Personal details
4.3.1 You acknowledge that you have provided us with your personal details for the following purposes: to make flight reservations, purchase tickets, obtain additional services, develop and offer services, perform entry formalities and transmit this data to the competent authorities in relation to the execution of your trip. You authorize us to share this information with ourselves, the travel agency issuing the ticket, the authorities, other airlines or other providers of the aforementioned services, exclusively for these purposes.
4.3.2 We review payment transactions to prevent fraud and other cases of misuse. We use both internal and external sources for this purpose. You acknowledge that to do this, we also check clearly identifiable technical characteristics. If specific facts are found, we reserve the right to transmit information (including personal data) to other companies within the Lufthansa Group (including Austrian Airlines, Eurowings, Germanwings, Brussels Airlines, SWISS Global Air Lines AG, Edelweiss Air AG, SWISS International Air Lines AG, Miles and More GmbH), which will then also process them for their own purposes.

5.1 General
5.1.1 On some Discover flights, you have the option of reserving a seat in advance. As part of this service, you can select a specific seating category (aisle, window or middle seat, seat with more legroom) if available. Depending on the type of seat, this service is subject to a fee for some booking classes. There is no obligation to make a (paid) seat reservation.
5.1.2 In any case, you can request a specific seat at check-in. If you use the “Automatic Check-in” service, you can then select a seat other than the one assigned to you, provided that other seats are available to you. We endeavor to respond to passenger requests but cannot guarantee specific seats.
5.1.3 We are entitled to reassign seats at any time, even after you board the aircraft. This may be necessary for safety or operational reasons. If you have paid for a prior seat reservation and the flight is canceled or if the seat is reassigned for safety or operational reasons, we will refund the seat reservation fee. No refund will be made if you choose not to take the flight, if you rebook or upgrade to another travel class or if you have given us incorrect information about your eligibility to sit at the emergency exit at the time of booking.

5.2 Personal details
5.2.1 You acknowledge that you have provided us with your personal details for the following purposes: to make flight reservations, purchase tickets, obtain additional services, develop and offer services, perform entry formalities and transmit this data to the competent authorities in relation to the execution of your trip. You authorize us to share this information with ourselves, the travel agency issuing the ticket, the authorities, other airlines or other providers of the aforementioned services, exclusively for these purposes.
5.2.2 We review payment transactions to prevent fraud and other cases of misuse. We use both internal and external sources for this purpose. You acknowledge that to do this, we also check clearly identifiable technical characteristics. If specific facts are found, we reserve the right to transmit information (including personal data) to other companies within the Lufthansa Group (including Austrian Airlines, Eurowings, Germanwings, Brussels Airlines, SWISS Global Air Lines AG, Edelweiss Air AG, SWISS International Air Lines AG, Miles and More GmbH), which will then also process them for their own purposes.

6.1 Check-in deadline
Check-in deadlines differ at different airports, and we recommend that you find out about and observe these deadlines. Your trip will be smoother if you allow yourself sufficient time to meet the check-in deadlines. If you do not comply with these times, we are entitled to cancel your booking. We or the travel agency issuing the flight ticket will inform you about the time of the check-in deadline for the first leg of your journey with us. Unless otherwise stated, you will need to present yourself for check-in at least 45 minutes before the scheduled departure.

6.2 Boarding
6.2.1 You are obligated to arrive at the gate for boarding no later than the time specified at check-in.
6.2.2 If you do not present yourself in time for boarding, we are entitled to cancel your booking.
6.2.3 We shall not be liable for damages and expenses that you incur due to breaches of these provisions or the provisions of our partner companies (code share, interlining, charter) for which you are solely responsible.

7.1 Right to refuse carriage
7.1.1 We may refuse your carriage or onward carriage if we have notified you in writing prior to booking that we will no longer carry you on our flights from the date of the written notification. This may be the case if you have breached the rules of conduct mentioned in Articles 7 and 11 on an earlier flight and your carriage is therefore unreasonable. We may also refuse your carriage or onward carriage if:
7.1.1.1 this measure is necessary for reasons of safety or order, or to avoid a breach of administrative or legal requirements of the country from which the flight departs, or that is being flown to or over; or
7.1.1.2 your carriage may impair the health, safety, or to a significant extent the well-being of other passengers; or
7.1.1.3 your behavior, condition or mental state, including the effects of alcohol consumption or drug use, is such that you expose yourself, other passengers or crew members to a hazard; or
7.1.1.4 you have behaved on a previous flight in such a manner as to significantly breach our rules of conduct, and we have reason to believe that this behavior could be repeated; or
7.1.1.5 you have refused to undergo a security check; or
7.1.1.6 you have not paid the applicable airfare, taxes, fees or surcharges; or
7.1.1.7 you do not possess the required travel documents, you want to travel to a country in 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 you refuse to hand them over to the crew upon request, against receipt, despite being asked; or
7.1.1.8 you present a ticket that you have purchased or received illegally or in breach of the Miles and More terms and conditions of participation or that has been reported as lost or stolen, is falsified, or if you cannot prove your identity as the person registered as a passenger on the ticket; or
7.1.1.9 you refuse to pay the difference (surcharge) in accordance with 3.4.2. or present a ticket which was issued by someone other than us or a travel agency authorized to issue tickets or which is significantly damaged; or
7.1.1.10 you do not comply with our safety regulations; or
7.1.1.11 you disregard the smoking ban in force on board all of our aircraft and the ban on the use of electronic devices on board.

7.2 Special care
The carriage of disabled, ill or other persons who require special assistance should be registered in advance. For inquiries relating to this, please contact us Monday through Friday 8:30 a.m. – 8:00 p.m., Saturday, Sunday, and public holidays 8:30 a.m. – 4:30 p.m. by email at specialservice.discover-airlines@lufthansa-group.com or by fax (069 696 83677).
To book your own battery-operated wheelchair, please contact our Services Team by sending the completed ​request form via email to specialservice.discover-airlines@lufthansa-group.com. Based on the information you provide, we will check whether it is possible to transport your battery-operated wheelchair.
For medical certificates (MEDA), you can contact us by phone at +49 (0) 69 696 55077 or fax at +49 (0) 69 696 83677 daily from 6:00 a.m. to 10:30 p.m., or by sending an e-mail to medicaloperation.discover-airlines@lufthansa-group.com.

7.3 Transporting children
7.3.1 Under the age of 5, children may only travel if they are accompanied by an adult who is at least 18 years of age. Transporting children traveling alone from ages 5 to 12 must be registered in advance by telephone and is subject to the published fees and regulations available from our sales offices and the travel agencies issuing the tickets.
7.3.2 Children may also travel in their own child seat secured to a seat; for infants under 2 years of age, you must book an additional seat. You must keep the child seat firmly in place during the entire flight using the seat belt provided on the aircraft seat. The child seat must be suitable for use on board aircraft. Otherwise, we are entitled to refuse carriage of the child seat in the cabin. We are not liable for any consequences resulting from improper securing of the child seat, malfunction, or failure to follow instructions.
You can find more detailed information on traveling with children, especially the child seats suitable for use on board aircraft ​here.

7.4 Claims in the event of refused carriage
If you are denied boarding for one of the above reasons, your claims are limited to the right to demand a refund of the airfare for the unused flight coupons in accordance with Article 10.4.

8.1 Free baggage and excess baggage
Depending on your fare, you may carry a certain amount of baggage as free baggage. The free baggage allowance is stated on the ticket and is also available from us or from the travel agency issuing the ticket. The transportation of baggage above the free baggage limit and the transportation of special baggage are subject to a surcharge. For flights with Discover flight numbers operated by partner companies (code-share flights), the free baggage allowance is also shown on the ticket; however, excess baggage charges are levied by the first carrier operating the flight subject to its own rules. You can obtain the applicable rates from us or from the travel agencies issuing the flight ticket. The weight of a single piece of baggage may not exceed 32 kilograms.

8.2 Baggage from strangers
We ask that you refuse to carry baggage that you have received from strangers, both carry-on baggage and checked baggage.

8.3 Items not to be accepted as baggage
8.3.1 Your baggage may not include:
8.3.1.1 Items that are likely to endanger the aircraft or persons or items on board the aircraft, as listed in the rules governing dangerous goods of ICAO and IATA, which are available from us or from travel agencies issuing the ticket. These include in particular explosives, compressed gases, oxidizing, radioactive or magnetizing substances, highly flammable substances, toxic or aggressive substances.
8.3.1.2 Items where transporting them is prohibited by the regulations of the country from where the flight departs, flies to or over;
8.3.1.3 Items that are dangerous or unsafe or unsuitable for transportation due to their weight, size or type as well as because they are perishable, fragile or especially sensitive; detailed explanations for specific individual cases can be obtained from us or from travel agencies issuing the ticket;
8.3.1.4 Separate lithium batteries or rechargeable lithium batteries (commonly used in electronic consumer goods such as power banks, laptop computers, mobile phones, watches, or cameras) must be transported exclusively in carry-on baggage. You may carry no more than two individual lithium batteries or rechargeable batteries with a watt-hour capacity of between 100Wh and max. 160Wh. Prior approval must be obtained from the airline. Such items must be protected against damage or short circuits. Further details on the carriage of batteries and rechargeable batteries can be found in the International Dangerous Goods Regulations of the International Civil Aviation Organization – ICAO – as an international civil aviation organization, which can be viewed directly on the ICAO website under the heading Dangerous Goods or on the website of the Federal Aviation Office.
8.3.2 If you are carrying, either on your person or in your baggage: weapons of any kind, in particular (a) firearms, bladed weapons, or impact weapons, as well as spraying devices used for attack or defense purposes, (b) ammunition and explosive substances, (c) items that, by their shape or markings, give the impression of being weapons, ammunition, or explosive substances, must be reported to us before the start of the trip. Such items may only be transported if they are transported as cargo or checked baggage in accordance with the provisions on the carriage of dangerous goods. Sentence 2 does not apply to police officers who are obligated to bear weapons in fulfillment of their duty. During the flight, they must hand over their weapon to the aircraft commander in charge.
8.3.3 Weapons of any kind, in particular firearms, bladed weapons or impact weapons, as well as spraying devices. Sports weapons can be booked as baggage and approved at our discretion. They must be unloaded and equipped with a secured safety lock. The carriage of ammunition is subject to the provisions of the ICAO and IATA specified under 8.3.1.1.
8.3.4 We are not liable if you are responsible for items contrary to the provisions according to 8.3.1. and 8.3.2. being included in your checked baggage.

8.4 Right to refuse carriage
8.4.1 Pursuant to paragraphs 8.3.2. and 8.3.3., we reject the carriage of any item mentioned in paragraph 8.3. of this article as baggage; if these items are found to be present during the course of carriage, we may refuse its onward carriage.
8.4.2 We may refuse to carry baggage if it is unsuitable for carriage due to the size, form, weight, type and content or for safety reasons or with regard to the well-being of other passengers. You can obtain information on items that are not suitable for carriage upon request.
8.4.3 We may refuse to carry baggage if it is not properly packed in suitcases or similar containers in order to ensure safe carriage with the customary care during handling.

8.5 Searching of passengers and baggage
For security reasons, we may request that you consent to a search or screening of yourself and your baggage as well as an X-ray of your baggage. If you do not consent to a search of yourself or your baggage for the presence of prohibited or undeclared items as per paragraph 8.3, we may refuse to allow you to board and to carry your baggage; your claims for compensation will then be limited to the refund of the airfare in accordance with Article 10.4 of these conditions of carriage.

8.6 Checked baggage
8.6.1 After handing over your baggage at check-in, it will be taken into our keeping. We record the details on the ticket, which will then be used for baggage identification. If we issue a baggage label in addition to the baggage ticket, this serves only to identify the baggage.
8.6.2 Checked baggage must be labeled with your name or another means of identification.
8.6.3 Checked baggage will be transported on the same aircraft as you, unless we decide to transport it on another flight (where possible on the next flight), for safety or operational reasons. If your checked baggage is transported on a subsequent flight, we will deliver it to your location, unless your presence is required for customs inspection. Article 14 (liability for damages) remains unaffected.

8.7 Carry-on baggage
8.7.1 We may specify the number, maximum weights and maximum dimensions for carry-on baggage. In all cases, carry-on baggage must fit under your front seat or into the baggage compartments. If your carry-on baggage does not meet these requirements or does not meet the safety requirements, it must be transported as checked baggage.
8.7.2 Items that are not suitable for carriage in the cargo hold, e. g. fragile musical instruments that do not meet the requirements of paragraph 8.7.1. will only be accepted for carriage in the cabin if you have given us prior notice and we have accepted the item for carriage. We may charge extra for this special service.

8.8 Pets and assistance dogs
8.8.1 The carriage of dogs and cats must be registered separately and is subject to our consent. Other animal species are denied boarding.
The transport of animals is based on the provisions of the IATA LAR (“Live Animals Regulations”) and the international and national animal transport protection laws.
The commercial transport of animals is not permitted. This also includes transportation for training purposes of police, rescue, or military dogs, as well as foster flights for the transfer of stray animals.
Animals with a shortened skull shape (“brachycephalic” or “snub-nosed”) are generally denied boarding due to their vulnerability under stress.
The animals must be properly placed in transport containers that are approved for air transportation, and must be provided with valid health and vaccine certificates, entry permits and other entry or transit documents required by the respective countries.
8.8.2 The weight of the animals, transport containers and animal feed carried is not included in the passenger’s free baggage. Fees must be paid for their transportation. These can be found in the information on our homepage and requested from the Discover Service Center.
8.8.3 A recognized assistance dog required by the passenger (e.g. guide dog) is transported in the cabin free of charge.
8.8.4 The animals must be properly enclosed in transport containers and must be provided with valid health and vaccine certificates, entry permits and other entry or transit documents required by the respective countries. We reserve the right to establish the type and manner of carriage and to limit the number of animals permitted on a flight.
8.8.5 The weight of the animals, transport containers and animal feed carried is not included in the passenger’s free baggage. Excess baggage charges are payable for the transport of animals.
8.8.6 A recognized assistance dog required for the passenger will be transported free of charge and in the cabin to the extent possible; please refer to paragraph 8.8.7.
8.8.7 On flights to or from the United States of America, Discover shall guarantee to the extent required by 14 C.F.R. Part 382 and other laws the free transportation of an assistance animal by a person with a disability, provided that the presence of the assistance animal is required to help the passenger perform tasks or functions for their benefit. The following conditions apply to carriage:
Guidelines for traveling with assistance dogs. We only accept dogs as assistance animals. A passenger with a disability who travels with an assistance dog assumes full responsibility for the safety, health, well-being and behavior of their assistance dog. This also applies to the interaction of the assistance dog with other passengers and crew members while on board the aircraft or at the gate area. A passenger with a disability traveling with an assistance dog shall be solely responsible for complying with all applicable governmental laws, regulations and requirements that apply in the country, state or territory from and/or into which the assistance dog is carried and/or in which an interim destination of the passenger is located. This applies in particular to all health certificates, approvals and vaccinations required. The passenger’s liability also includes all costs or consequences that may arise from non-compliance with these laws and regulations, which may also include the assistance dog being housed in quarantine upon arrival.
8.8.8 Please note that it is a prerequisite for the safe and trouble-free operation of a flight that your animal is trained to be well-behaved in public. We only allow animals to be transported in aircraft cabins provided that the animal is obedient and behaves appropriately. If your animal does not behave appropriately, you may be asked to muzzle it for transportation, have the animal placed in the hold (if a transport container is available), or carriage may be refused.
Animals traveling in the cabin (including transport containers, if applicable) must fit into the footwell of your seat and be adequately secured during the entire stay on board.
8.8.9 You are responsible for the health, safety, and behavior of your animal and are liable for ensuring compliance with all entry, departure, health and other regulations that apply to entry into or through the respective countries.
You shall be liable for all costs arising from the failure to comply with this obligation and for any damage caused by animals you have brought with you, and we shall be released from any liability, unless we have caused the damage through gross negligence or willful misconduct.

9.1 Flight timetables
Before we accept your booking request, we will inform you of the scheduled departure time, as it applies at this time and enter it in the flight ticket. We may need to change the scheduled departure time after the ticket has been issued. If you provide us with a contact address, we undertake to inform you of such changes. If we make a significant change to the departure time after you have purchased a ticket that is unacceptable to you and we are unable to rebook you on a flight that you are happy with, you will be entitled to a refund in accordance with the provisions of Article 10.3.

9.2 Cancelations, booking changes, delays
9.2.1 We will make every effort to avoid delays. As part of these efforts and in order to avoid cancelations, we may arrange for transportation on another aircraft or with another airline company.
9.2.2 We will inform you in good time at the airport and during the flight about delays, booking changes and cancelations. Information about your flight can also be found on the corresponding website.

10.1 General information
For an unused ticket or part thereof, we will provide a refund in accordance with the following paragraphs of this article and in accordance with the respective fare provisions:

10.2 Recipient of the refund
10.2.1 Unless otherwise specified below, the refund is made either to the passenger named on the ticket or to the person who paid for the ticket.
10.2.2 If the person paying for the ticket is a different person than the one named on the ticket as a passenger and if the ticket contains a corresponding refund restriction note, a refund will only be made to the person who paid the ticket or according to their instructions.

10.3 Involuntary refund
10.3.1 If we cancel a flight, do not operate a flight according to the flight timetable, do not fly to your destination or if you are unable to reach a booked connecting flight due to our fault, the refund amount will be equal to:
10.3.1.1 if no part of the flight ticket was used, the airfare paid,
10.3.1.2 if a part of the flight ticket was used, at least the difference between the airfare paid and the airfare applicable to the routes flown.

10.4 Voluntary refund
10.4.1 If you request a refund for reasons other than those mentioned under paragraph 10.3.1. of this paragraph, the reimbursement amount corresponds to the extent that the respective fare provisions provide for a refund:
10.4.1.1 if no part of the flight ticket has been flown, the airfare paid less applicable fees,
10.4.1.2 if a part of the flight ticket was used, the difference between the airfare paid and the airfare applicable to the routes flown less applicable fees.

10.5 Refusal of refunds
10.5.1 We reserve the right to refuse a refund for a ticket which you have presented to the authorities of a country or to an air carrier as proof of your intention to leave the country again, unless you can prove to our satisfaction that you have permission to remain in the country or that you will leave the country on another air carrier or means of transportation.
10.5.2 All refunds are subject to the laws and other regulations of the country in which the ticket was originally purchased and to those of the country in which the refund is to be made. With this proviso, we reserve the right to make the refund in the same manner and currency in which the airfare was paid.

10.6 Refunds for payments with credit cards
Refunds for tickets paid for by credit card will be credited to the credit card account originally used for payment. The amount to be refunded is based on the amount and currency specified in the ticket in accordance with the provisions in this item. The refund amount credited to the credit card holder’s credit card account may differ from the amount originally paid to the credit card company for the refunded ticket due to conversions and fees charged by the credit card company. These deviations do not justify a claim of the refund recipient against us.

11.1 General information
If your behavior on board poses a danger to the aircraft or to persons or items on board, if you interfere with the crew in the performance of their duties or fail to comply with crew instructions, including those relating to smoking bans, alcohol or drug use, or if you cause inconvenience or harm to other passengers or the crew, we reserve the right to take the necessary measures to prevent such behavior, up to and including restraint. We can refuse your onward carriage and file a criminal complaint for your conduct on board.

11.2 Electronic devices
The use of cell phones, radios and remote-controlled toys is not permitted on board. For mobile phones, an exception applies to aircraft equipped with functional mobile technology. On these aircraft, it is possible to use cell phones as instructed by the crew. Please refer to the crew announcements and other informational material or FlyNet Guide on board. Voice telephony is technically prevented in all cases. Video cameras, laptops, MP3 players, CD players and computer toys can be used on board as long as the safety belt signs are switched off.

11.3 Non-smoking flights
All Discover flights are non-smoking flights. Smoking is prohibited in all areas of the aircraft. This also applies to electronic cigarettes, regardless of whether they contain psychoactive substances

11.4 Alcoholic drinks
It is not permitted to consume alcoholic beverages brought on board.

11.5 Obligation to wear seat belts
You are basically obliged to remain in your seat throughout the flight. When seated, you are obliged to fasten your seatbelt.

11.6 Taking photographs and filming on board
Filming and taking photographs on board is only permitted if it is ensured that the rights – in particular the personal rights – of the persons being recorded are protected. When instructed by the crew, filming and photography on board may be prohibited at any time.

12.1 Other flight services with third parties
If we arrange services other than flight services for you with third parties or issue travel documents for carriage services other than flight services, we are only acting as an agent in this respect. In such cases, the respective service provider’s terms and conditions apply.

12.2 Shuttle services
Terms and conditions other than these terms and conditions may apply to shuttle services that we provide ourselves for our passengers and that do not include flight services. You will be informed about these in the booking process.

12.3 Payment of additional services
For booking additional Discover services such as seat reservations, upgrades or excess and sports baggage, due to increased security and administrative costs we do not accept cash payments.

13.1 General information
13.1.1 You are required, and it is your own responsibility, to obtain the necessary travel documents and visas for your trip and to comply with all regulations of the countries you fly over, into or out of, as well as our regulations and instructions in this regard. Your travel documents and visas must be valid for the entire duration of your trip, including any interruptions. We are not responsible in this regard; in particular, we are not obligated to check their validity.
13.1.2 We are not liable for any consequences that may arise for you from the failure to obtain the necessary papers or from the failure to comply with the applicable regulations or instructions.

13.2 Travel documents
You are obliged to carry the entry and exit documents, health certificates and other documents required by the countries in question and to allow us to make copies of these documents, if necessary, prior to your departure. We reserve the right to exclude you from carriage if you do not comply with the relevant regulations or your documents are incomplete, and we will not be liable for any losses or expenses incurred by you as a result of your failure to comply with these regulations.

13.3 Entry ban
If you are denied entry into a country, you are obligated to pay the applicable airfare if we have to take you to your departure location or to another location by order of an authority because you are not allowed to enter a country (travel or destination country). We may use the funds you paid for unused carriage to pay this airfare. The airfare paid for carriage to the place of rejection or identification will not be refunded.

13.4 Passenger liability for penalties, etc.
If we are required to pay or lodge penalties or fines or incur other expenses because you have not complied with the regulations of the country concerned as regards entry or transit or because the documents required by these regulations are not correctly available, you are obliged to reimburse us on request for the amounts paid or deposited and the expenses incurred and 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 authorized to use any unused tickets in your possession. The amount of the penalty and fines varies from country to country and can well exceed the price of the airfare, so it is in your own interest to ensure compliance with entry regulations .

13.5 Customs checks
When requested to do so, you must attend the inspection of your checked and unchecked baggage by customs and other officials. We are not liable for any damages incurred by the passenger during the check or as a result of failure to comply with this provision.

13.6 Security checks
You are obliged to submit both yourself and your baggage to the security checks carried out by the authorities, the airport companies or us.

13.7 Transmission of data
We are entitled to transfer your passport details and your personal data processed and used by us in connection with your trip to authorities in Germany and abroad (including authorities in the USA and Canada) if the respective transfer request of the authority is based on mandatory legal provisions and is therefore required to fulfill the contract of carriage.

14.1 General information
14.1.1 The liability of EW Discover GmbH, and the other companies that operate transportation services as contractual partners, is governed by their own terms and conditions of carriage.
14.1.2 Carriage is subject to the liability regulations of the Agreement of Montreal of March 28, 1999, which was amended in the European Community by Regulation (EC) No. 889/2002 and transposed by national legislation of the Member States.
14.1.3 If the injured party is partly to blame for the damage, the provisions of the applicable law shall apply with regard to the exclusion or reduction of the obligation to pay compensation in the event of contributory negligence on the part of the injured party.
14.1.4 We are only liable for damages that occur on our own flight services. Insofar as we issue air tickets for the flight services of other air carriers or accept baggage for the transport on flight services of other air carriers, we are only acting as an agent for this other air carrier. Nevertheless, you have the right to make a claim against the first or last air carrier for damages with regard to checked baggage.
14.1.5 If the airline company operating the flight is not the same as the airline company in the contract, you can address your complaint or claim for compensation to either of the two carriers.
14.1.6 We are not liable for damages arising from our compliance with government regulations or from your failure to comply with the resulting obligations.
14.1.7 Our liability never exceeds the amount of the proven damage. We shall only be liable for indirect or consequential damages if we have caused them through gross negligence or willful intent; the provisions of the Convention remain unaffected.
14.1.8 Exclusion and limitations of our liability shall also apply mutatis mutandis in favor of our staff, representatives and any person whose aircraft we use, including their staff and representatives
14.1.9 The total amount to be paid by us and the aforementioned persons as compensation for damages may not exceed the maximum liability limits applicable to us.
14.1.10 Unless otherwise expressly provided for, nothing in these Terms and Conditions of Carriage shall be construed as a waiver of any liability exclusions or limitations that apply to us under the Convention or applicable law.

14.2 Compensation in the event of death and bodily injury
There is no limit to the maximum liability amounts in the event of death or bodily injury of passengers. For damages up to an amount of 113,100 SZR (approx. EUR 121,243), the airline company may not raise any fault-related objections to claims for damages. The airline company may avert claims beyond this amount by proving that it has acted neither culpably nor negligently.

14.3 Advance payments
If a passenger is killed or injured, the airline company must make an advance payment within 15 days of the person entitled to compensation being established in order to cover immediate financial needs. In the event of death, the advance payment is not less than 16,000 SZR (approx. EUR 17,600).

14.4 Destruction, loss or damage of baggage
We are liable for the destruction, loss or damage of baggage up to an amount of 1,131 SZR (approx. EUR 1,213). In the case of checked baggage, liability exists regardless of fault, unless the baggage was already damaged beforehand. With unchecked baggage, we are only liable for culpable behavior.

14.5 Higher liability limit for baggage
A higher liability limit applies if the passenger makes a special declaration at the latest at check-in and pays a surcharge.

14.6 Baggage complaints
14.6.1 In the event of damage, loss or destruction of baggage, the passenger must notify the airline company as soon as possible in writing or in text form . In the event of damage to checked baggage, the passenger must submit a notification in writing or text form within 7 days, in the case of delayed baggage within 21 days after it has been made available to them.
14.6.2 We shall not be liable for damages caused by items in your baggage, unless we have caused them through gross negligence or willful intent. If these items cause damage to the baggage of another passenger or our property, you must compensate us for all damages and expenses arising from this.

14.7 Delay in the carriage of passengers and baggage
14.7.1 We shall be liable for damages caused by delays in the carriage of passengers, unless we have taken all reasonable measures to avoid damages or if it was impossible to take these measures. Liability for damages caused by delays in the carriage of passengers is limited to 4,694. SZR (approx. EUR 5,032).
14.7.2 We shall be liable for damages caused by delays in the carriage of checked baggage, unless we have taken all reasonable measures to avoid damages or if it is impossible to take these measures. Liability for damage caused by delays in the transport of baggage is limited to 1,131 SZR (approx. EUR 1,213).
14.7.3 If the injured party is partly to blame for the damage, the amount of the claim for damages shall be reduced by the amount corresponding to the contributory negligence of the injured party. In particular, the injured party is obligated not to increase the damage caused by his baggage loss or the delayed transport of their baggage by making inappropriate replacement purchases.

14.8 Denied boarding due to overbooking
14.8.1 When assigning available seats, we give priority to unaccompanied children, sick and disabled passengers. Otherwise, passengers will be accepted for carriage in the order of their arrival and in due consideration of their interests.
14.8.2 If it is foreseeable that passengers will be denied carriage, we will first attempt to agree on the voluntary waiver of carriage with passengers willing to do so.

14.9 Cancelations
In the event of cancelation, we will try to rebook you onto other flights that may be operated by other airlines.

15.1 Notification of damages
If you accept the checked baggage without reservation, it is assumed until the contrary is proven that it has been delivered in good condition and in accordance with the contract of carriage. In the case of damage to baggage, any claim is excluded if the entitled party does not notify the air carrier immediately after discovery of the damage, but in any case no later than seven days after acceptance of the baggage in the case of international travel; the same applies to damage caused by the delayed delivery of baggage, with the proviso that this notification must be made immediately, but in any event no later than 21 days after the baggage is delivered. The damage must be reported in writing.

15.2 Deadlines for filing a complaint
In the case of international carriage, claims for damages of any kind may only be made within a limited period of two years from the date of arrival of the aircraft at the destination or from the date on which the aircraft should have arrived or from the date on which the carriage was terminated. The calculation of the deadline is determined by the law of the court called upon.

Carriage is subject to other rules and conditions that apply to or have been issued by us. These regulations and conditions are important and may be subject to change. Among other things, they concern the carriage of minors, pregnant women, sick passengers, restrictions on electronic devices or alcohol consumption on board. We will send all regulations and conditions upon request.

We participate in dispute resolution proceedings before a consumer arbitration board. The competent consumer arbitration board is the arbitration agency Reise& Verkehrs, Fasanenstrasse 81, 10623 Berlin.

The European Commission also provides a platform for online dispute resolution (ODR) that can be used for complaints.