Terms & Conditions / Conditions of Carriage
You can find an overview of all important information regarding our General Terms and Conditions and General Conditions of Carriage here.
| § 1 Scope of Application |
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These General Terms and Conditions (GTC) and General Conditions of Carriage (GCC) apply to:
1.1 - All air carriage contracts between NICEAIR (hereinafter referred to as “airline”)
and you (hereinafter referred to as “Passengers”) and baggage, as well as for related additional services
(e.g., seat reservations, additional baggage, special services), regardless of whether individual or all flights
are operated under a NICEAIR flight number (Carrier Code: NICEAIR) and/or under the flight number
of another airline.
1.2 - All contracts of carriage between NICEAIR and its customers, regardless of whether
individual or all route segments are operated by another means of transport such as bus or train
and additional services related to carriage (e.g., transfers, parking reservations)
1.3 - NICEAIR is entitled to transfer the performance of the transportation services in whole or in part to
third parties/vicarious agents, provided that it is ensured that their standards correspond to those of NICEAIR
and that the transportation is carried out by a company of equivalent quality. NICEAIR may make changes
to the aircraft or flight number.
1.4 - For flights marketed by us but operated by another airline (“operating carrier”)
(codeshare/wet lease), the conditions of carriage of the operating airline shall apply in addition.
We will inform you of the operating carrier when you make your booking.
1.5 - Mandatory legal regulations – in particular EU regulations (e.g. (EC) No. 261/2004,
(EC) No. 1107/2006) and international agreements (in particular the Montreal Convention) – remain unaffected.
1.6 - Other contracts in which reference is made to these General Terms and Conditions.
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| § 2 Conclusion of contract, tickets, name details |
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2.1 - The contract of carriage is concluded upon confirmation of the booking.
Tickets are personal and non-transferable.
2.1.1 - The services and prices confirmed at the time of booking apply.
Deviations from the travel price are permissible after conclusion of the contract in the event
of changes in fuel costs or charges for certain services
(e.g., airport and security charges or exchange rate changes) of at least 10% of the travel price,
if there are more than four months between the conclusion of the contract and the agreed travel date.
The passenger must be informed immediately after the airline has been notified.
A price increase may be demanded up to 21 days before the flight date.
In the event of a price increase of more than 5% of the total price after conclusion of the contract,
the traveler is entitled to withdraw from the contract free of charge.
2.2 - The name on the ticket must match your identification document;
any corrections are subject to § 7 (Rebooking/Name change).
2.3 - We only provide transportation for the passenger named on the ticket with a confirmed reservation;
proof of identity may be required.
2.4 - If several passengers are booked by one person, that person is responsible for the correct and immediate
forwarding of information to the passengers they have booked. They must compensate NICEAIR for any damage
resulting from the failure to forward information correctly and immediately.
2.5 - Each passenger is responsible for complying with all regulations relevant to the trip
(e.g., passport, visa, and health regulations).
This also applies to the completeness of travel documents. In the event of non-compliance,
NICEAIR is entitled to refuse transportation and to charge the traveler for all costs and
disadvantages arising from this |
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| § 3 Prices, taxes, fees, and charges; payment methods |
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3.1 - The final price payable includes the fare, taxes/fees levied by authorities/airports,
and our charges.
3.1.1 - Airfares, taxes, fees, and costs, as well as other charges (transportation charges),
are payable in EUR unless another currency is specified by us or our authorized agent at the latest at the time
of your booking.
3.2 - Due date: immediately upon booking, unless otherwise specified.
3.2.1 - As long as the transportation fee has not been paid in full, we are entitled to refuse all services
to be provided by us under this contract, in particular to refuse your transportation.
3.3 - Acceptable payment methods and, where applicable, payment service providers
(e.g., credit card, SEPA direct debit, invoice/installment): see booking process;
additional terms and conditions of use of external payment service providers apply in addition.
3.4 - Chargebacks/returned direct debits trigger flat-rate processing fees;
lower damages may be proven.
3.5 - If the settlement of the claim arising from the contract is refused by a credit card company or bank,
flydba is entitled to terminate the contract upon request, setting a deadline, and to cancel the booking
accordingly. In this case, a processing fee of 50 euros per traveler will be charged. |
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| § 4 Reservations, fare conditions, ticket sequence |
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4.1 - No paper tickets will be issued or sent.
The passenger will receive a booking number/booking confirmation by email.
4.1.1 - If replacement documents must be issued for reasons beyond the company's control,
a processing fee of 25 euros per document will be charged.
4.2 - Certain fares may exclude or restrict rebookings/cancellations.
Fare conditions will be displayed when you make your booking.
4.3 - Ticket/coupon sequence: Fares may require use in a specified sequence;
if used differently, a recalculation may be made based on the route actually flown. |
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| § 5 Rebooking, name change, cancellation/refund |
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5.1 - Rebookings and name changes are possible, provided the booked fare allows this,
subject to a fee and any price difference.
5.1.1 - Rebookings from originally booked higher-fare departures to lower fare classes
are only possible if the original flight fare is retained. For rebookings to higher fare classes,
the difference must be paid. For Business Class passengers, rebooking is free of charge;
for Economy Class tickets, rebooking fees of 25 euros per passenger apply.
5.1.2 - After the booked departure date has passed, it is no longer possible to rebook to another person or change
to another participant's name. Rebooking at the destination is only possible subject to
official approval. In addition, there must be at least 24 hours between arrival and return flight.
No refunds will be given for unused routes.
5.2 - Cancellations/refunds are subject to the fare conditions; third-party taxes/fees
that are only incurred upon commencement of the trip will be refunded in the event of non-commencement,
insofar as provided for by law.
5.3 - Non-commencement (“no-show”) may result in the forfeiture of individual services;
statutory rights remain unaffected. |
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| § 6 Seat reservation |
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6.1 - Seat reservations (subject to a fee) are possible, depending on the fare and availability;
there is no entitlement to specific seats.
6.2 - Seats may be assigned or changed for operational, safety, or security reasons;
reservation fees already paid will then be refunded. |
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| § 7 Check-in, boarding, late arrival |
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7.1 - Check-in deadlines vary depending on the airport; we publish the relevant times online and in the
booking confirmation. After this time, check-in is no longer possible due to the closure of the check-in system.
If you do not arrive on time, you are not entitled to transportation.
7.2 - If you do not arrive in time for check-in or boarding, carriage may be refused
and the reservation canceled.
7.3 - Upon presentation of a valid identity document (ID card or passport),
the passenger will receive a boarding pass for the booked flight at check-in.
The booking confirmation must be carried with you at all times during the trip.
7.4 - Children and young people must also present official identification or be listed on the identification document
of their legal guardian. For international flights, a valid passport or identity card
and, if necessary, other travel documents required for entry into/exit from the destination country (visas, etc.)
must be carried. This also applies to children and young people. |
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| § 8 Minors, unaccompanied minors (UM), special care |
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8.1 - Age limits and accompanying requirements are published by us;
UM assistance may be offered for a fee, depending on the route.
8.2 - Special assistance (e.g., PRM, pregnancy) is subject to the published requirements;
medical certificates may be required.
8.2 - Special assistance (e.g., PRM, pregnancy) is subject to published requirements;
medical certificates may be required.
8.3 - For safety reasons and to avoid health risks to expectant mothers, the following applies:
> Up to and including the 28th week of pregnancy, pregnant women will be transported without
a certificate of fitness to fly; presentation of a maternity log may be required as proof
that the 28th week of pregnancy has not yet been exceeded;
> From the 29th to the 36th week of pregnancy inclusive, carriage is only permitted upon presentation of
a medical certificate of fitness to fly.
> From the 37th week of pregnancy or, in the case of twins, from the 30th week of pregnancy,
carriage is not permitted.
The above conditions must be met for both outbound and return flights at the time of departure on the return flight. |
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| § 9 Animals (Pets/Service Animals) |
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9.1 - The transport of animals (in the cabin/cargo hold) is subject to advance notification and approval
and depends on capacity; breeds/sizes/containers in accordance with our guidelines.
9.2 - Service/assistance dogs are transported in accordance with applicable legal regulations;
please note the relevant documentation/deadlines. |
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| § 10 Baggage |
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10.1 – > Hand luggage < : Dimensions/weight in accordance with published rules;
safety-related items excluded.
10.2 - > Checked baggage < : Free allowances/excess baggage charges in accordance with published fee schedule.
10.3 - > Special baggage <: (e.g., sports equipment/musical instruments) must be registered in advance;
please note fees and packaging requirements.
10.4 - Items excluded from transport
(e.g., dangerous goods, lithium batteries above permissible limits) are prohibited;
Details according to our Dangerous Goods Information.
10.5 - The passenger shall keep track of checked baggage in terms of weight and number
using the baggage tag.
The name of the passenger must be affixed to checked baggage.
Violation of this regulation may result in exclusion of liability.
10.6 - NICEAIR may refuse to accept baggage for transport if it is not packed in such a way
as to ensure safe transport.
10.7 - The passenger's checked baggage may not contain fragile or perishable items,
items of special value, such as money, jewelry, precious metals, jewels, computers, cameras,
mobile phones, or other electronic devices, securities, securities, and other valuables
or business documents, samples, identification documents, house and car keys, or medications
that the passenger needs;
flydba may refuse to carry these items as checked baggage
and shall only be liable to a limited extent.
10.8 - Checked baggage will be transported on the same aircraft as the passenger,
unless the airline considers such transportation to be impracticable;
in the latter case, the airline will transport the baggage on one of its next departing flights.
10.9 - Checked baggage shall be delivered at the destination airport indicated on the baggage tag.
The passenger is obliged to keep the baggage tags until collection
and to accept his baggage as soon as it is available for collection at the destination airport or at the place
of interruption of the flight. |
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| § 11 Refusal/termination of carriage |
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We may refuse/terminate carriage if, among other things:
11.1 - safety, health, or regulatory reasons so require;
11.2 - necessary travel documents are missing or entry requirements are not met;
11.3 - carriage charges/fees have not been paid;
11.4 - prohibited or dangerous items are being carried;
11.5 - significant breaches of duty/violations have been committed on board or on the ground
(including smoking, disregard of crew instructions).
11.6 - The pilot in command is authorized at all times to take all necessary safety measures.
In this respect, he has full authority to decide on the passenger complement, loading, distribution,
securing, and unloading of the baggage to be carried.
He makes all decisions as to whether and in what manner the flight is to be carried out.
This also applies if the behavior, condition, or mental or physical state of a passenger
is such that excessive assistance would have to be provided by the cabin crew. |
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| § 12 Operational changes / Flight time changes / Force majeure |
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12.1 - Flight times/numbers/routes may be adjusted for operational reasons;
we will inform you as soon as possible.
12.2 - flydba will make every effort to transport all passengers and their baggage according to the flight schedule.
However, the published flight times may be changed to a reasonable extent for operational reasons.
flydba will endeavor to limit any changes to flight times to the minimum necessary and to inform all passengers
as early as possible. flydba is entitled to change the aircraft and to transfer the carriage in part
or in full to third parties, whereby flydba remains responsible for the transport.
12.3 - In exceptional circumstances (e.g., weather, strikes, ATC), the statutory provisions shall apply;
voluntary assistance services shall not affect statutory claims. |
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| § 13 Passenger rights in the event of denied boarding, cancellation, or long delays |
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13.1 - Your legal rights are determined in particular by Regulation (EC) No. 261/2004.
13.2 - We provide information about this at the airport and online;
claims must be addressed to the responsible airline. |
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| § 14 Liability |
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14.1 - Our liability is governed by the Montreal Convention and applicable laws.
14.2 - In the event of destruction/loss/damage/delay of baggage, as well as personal injury
and delay damage, the applicable maximum liability amounts
in Special Drawing Rights (SDR) shall apply.
14.3 - Contributory negligence on the part of the passenger may reduce the amount of compensation;
obligations to mitigate damages must be observed.
14.4 - Deadlines for reporting damage: in the case of baggage damage, immediately, at the latest within 7 days;
in the case of baggage delay, within 21 days of delivery; observe the MU deadline for filing a lawsuit. |
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| § 15 Data protection |
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15.1 - We process personal data based on the relevant
data protection laws for booking, execution, billing, and customer service, as well as to fulfill
legal notification and security requirements (e.g., API/PNR).
15.2 - Details can be found in our privacy policy (see Data Protection). |
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| § 16 Fee schedule (excerpt) |
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16.1 - Fees apply per person and route, unless expressly stated otherwise.
16.2 - Typical fees: seat reservation, sports/special baggage, animal transport,
rebooking/name change, payment fees, airport services, UM escort service.
16.3 - We publish the current amounts on our website. |
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| § 17 Rail & Fly / Third-party shuttle services |
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17.1 - Combined transport by rail/bus/ship is subject to the respective terms and conditions
of the third-party providers; their terms and conditions of transport apply.
17.2 - In the case of shuttle services provided by third parties, we are not liable for any disruptions to their services;
statutory claims against the third-party provider remain unaffected. |
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| § 18 Applicable law, place of jurisdiction, contract language |
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18.1. - German law applies, excluding the UN Convention on Contracts for the International Sale of Goods;
mandatory consumer protection regulations at the consumer's place of residence remain unaffected.
18.2. - Place of jurisdiction for merchants/legal entities: Krefeld
18.3 - The contract language is German; translations provided are for information purposes only. |
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| § 19 Severability clause |
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Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected;
the invalid provision shall be replaced by the statutory provision. |
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| § 20 Amendments to the General Terms and Conditions |
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We may amend these Terms and Conditions with future effect.
The version published at the time of booking shall be authoritative. |
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