General Conditions of Carriage for Passengers and Baggage - Vienna, July 2016

Article 1 – Definition of Expressions

"We", "our" and "us" denotes Austrian Airlines AG.

"(Authorised) Agent" is a passenger sales agent appointed by us to represent us for the sale of Tickets.

"Convention" is the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal on 28 May 1999.

"Airline Code" is a code of two characters or three letters that are designated to the relevant airline.

"Conjunction Flight" is a flight of two or more consecutive, jointly-issued Tickets, which to-gether constitute a single contract of carriage.

"Electronic Coupon" is a coupon in electronic form or other document in our database.

"Electronic Ticket" is an Itinerary/Receipt issued by us, the Electronic Coupon or boarding pass.

"Flight Coupon" is the portion of the Ticket bearing the remark "Flight Coupon" or "good for passage", or in the case of Electronic Tickets, the Electronic Coupon; it indicates the particular places, between which it entitles you to be carried.

"Flight Segment" is a portion of the transportation between two places which is carried out by us or another Air Carrier.

"Flight Layover" is the planned interruption of your journey at a place between the departure and arrival airports.

"Baggage" is your personal possessions which you bring with you in connection with your journey. Unless otherwise specified, this term refers to both Checked and Unchecked Baggage.

"Checked Baggage" is Baggage which is entrusted to us and for which a Baggage Tag is issued.

"Unchecked Baggage" is all other Baggage.

"Baggage Tag" is a document issued by us to identify your Checked Baggage. It consists of a Baggage Tag which is attached to the Baggage, and the Baggage redemption tag given to you.

"Force Majeure" are unusual and unforeseeable circumstances beyond our or your control, the consequences of which could not have been avoided even if all due care had been exercised.

"Itinerary/Receipt" is a document or documents issued by us, containing the name of the Pas-sengers, flight information and other information.

"Consumer" is any person who is a user, within the sense of § 1 Section 1 of the Consumer Pro-tection Act in the currently valid version.

"Air Carrier" (Carrier) is an air carrier other than ourselves, whose Airline Code appears on your Ticket or on a Conjunction Flight Ticket.

"Passenger" is any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket (see also the terms "You", "your" and "yourself").

"Passenger Coupon" is a portion of the Ticket which remains permanently in your possession.

"Check-In Deadline" is the time limit specified by us or by an Air Carrier, by which you must have completed check-in formalities and received your boarding pass.

"You", "your" and "yourself" means any person, except crew members, carried or to be carried in an aircraft pursuant to a Ticket (see also the definition for "Passenger").

"SDR" is a Special Drawing Right as defined by the International Monetary Fund (1 SDR is equivalent to 1.08900 EURO as at 04/01/2010).

"Days" are calendar days, including Sundays and legal bank holidays; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and pro-vided further that for purposes of determining the duration of validity of a Ticket, the day upon which the Ticket is issued or the flight is commenced shall not be counted.

"Tariff" is the remuneration to be paid for the transportation including a flight Passenger and Baggage, as well as the conditions under which these are applicable.

"Ticket" is either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket; it includes the conditions of contract and notices, as well as the flight and Passenger Coupons.

"Agreed Stopping Places" are places excluding the place of departure and the place of destina-tion expressly defined as such or are published as such in our flight schedules.

"Conditions of Contract" are the excerpted conditions contained in (or delivered with) your Ticket or Itinerary/Receipt, which are defined as such by reference to the General Conditions of Carriage (Passenger and Baggage) as part of your transportation contract.

* Federal law of 08.03.1979, Official Federal Gazette 140, which makes provisions for the pro-tection of consumers in the currently valid version.

Article 2 – Applicability

2.1 General

Except as provided for in Articles 2.2, 2.4 and 2.5 of this article, all the General Conditions of Carriage only apply to those flights or Flight Segments where the name of our airline or our Airline Code is indicated on the "Carrier/flight" box of the Ticket for that flight or Flight Segment.

When we issue a Ticket for carriage for carriage over the lines of another Air Carrier, we do so only as its agent. You are able to tell that whenever our Airline Code is not indicated before the flight number.

2.2 Charter Flights

If transportation is performed pursuant to a charter agreement, these General Conditions of Carriage apply only insofar as they are not amended or superseded by the Conditions of the charter agreement or the charter Ticket.

2.3 Code Share

We provide our service on many routes under arrangements known as "Code Shares" in cooperation with other Air Carriers/transport companies ("Code Share Partners"). This means that even if you have concluded a contract of carriage with us and hold a Ticket with our name or Airline Code on it, the carriage will be partly or entirely carried out by a Code Share Partner. We will notify you about this at the time you make the reservation.

Please note that each Code Share Partner may have its own rules with respect to the flights/routes it operates, which may affect you as a Passenger and which may differ from the rules operated by us. This specifically includes time limits for check-in, exempt amounts of Baggage and Baggage collection, minors travelling alone, the carriage of animals, refusal to transport, oxygen supply, operational irregularities and financial compensation in the event of being denied boarding. You should read carefully the conditions of our respective Code Share Partners and familiarise yourself with them. For links to our Code Share Partners’ websites, click here.

The rules and regulations of our Code Share Partners for the flights/transport they operate will be included in our General Conditions of Carriage and hence will become part of our contract of carriage ("integrated conditions"). When flights/modes of transport are operated by our Code Share Partners, the integrated conditions are applied as a priority within the context of our General Terms and Conditions of Carriage.

2.4 Information on the identity of the operating Carriers**

As we are aware how important it is for you to know the Carrier you are actually flying with, we provide information about the identity of the operating Carrier you are flying with at reservation. You also are immediately informed, in case the operating Carrier is changed.

Indirect sales channels such as travel agents or diverse internet providers over which we have no influence, are also obliged by Art 11 of the Regulation (EC) No. 2111/2005 to systematically inform you at the time of reservation of the operating Carrier and/or to contact the Passenger if the operating Carrier is changed.

You can find the Community list of Air Carriers subject to an operating ban within the European Community at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm and/or via a link to our homepage www.austrian.com.
 
2.5 Overriding Law

In the event of inconsistency between these General Conditions of Carriage and our Tariffs or the applicable law, these Tariffs or the applicable law shall prevail over the General Conditions of Carriage.

In the event that any regulation of these General Conditions of Carriage is invalid under the relevant applicable law, the remaining conditions shall be unaffected.

2.6 Regulations of the Air Carriers

Unless regulated otherwise in the General Conditions of Carriage, should there be any contradiction between these General Conditions of Carriage and other conditions, the General Conditions of Carriage shall take precedence.

** Pursuant to regulation (EC) No. 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating carrier, and repealing Article 9 of Directive 2004/36/EC.

Article 3 – Tickets

3.1 General Provisions

3.1.1. We will provide carriage only to Passengers named in the Ticket; you may therefore be asked to produce appropriate identification at any time.

3.1.2 The Ticket is not transferrable.

3.1.3 The Ticket is and remains our property at all times.

3.1.4 Except in the case of an Electronic Ticket, you will not be entitled to carriage on a flight unless you are in possession of a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. Furthermore, you will not be entitled to carriage if your Ticket has been altered in any way other than by us or our Authorised Agents. In the case of an Electronic Ticket, you will not be entitled to carriage unless you can provide positive identification and a valid Electronic Ticket has been duly issued in your name.

3.1.5.a In case of loss or damage of a Ticket (or a part of it) bought through us or one of our Agents or in case of non-presentation of the same, upon your request we will replace such a Ticket (or a part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket for the carriage in question had been duly issued. In this case, you will sign an agreement to reimburse us for any costs and losses, up to the value of the original Ticket, which are necessarily and reasonably incurred by us or another Carrier due to misuse of the Ticket. The issuing Air Carrier may charge a reasonable administration fee for this service, unless the loss or damage was due to the negligence of the issuing Carrier, or one of its agents.

3.1.5.b Where such evidence is not available, or you do not agree to sign such an agreement, we or the Air Carrier issuing the new Ticket may require that you pay the full price for a replacement Ticket. However, we will refund the amount for the original lost or damaged Ticket with the deduction of a processing fee, if and when we are provided with evidence that the lost or damaged Ticket was not used before the expiry of its validity.

3.1.6 The Ticket is valuable, so you should take all appropriate measures to ensure that it is neither damaged nor stolen.

3.2 Period of Validity

3.2.1 A Ticket at a standard Tariff remains valid for transportation for one year, calculated from the start of transportation or from the date of issue, as long as the Ticket has not been partially used for carriage. A Ticket at any other fare than the normal fare is only valid for transportation or refund for the period given in the Air Carriers’ conditions, in the Tariff for transportation, or on the Ticket itself.

3.2.2 If you are prevented from travelling within the period of validity of the Ticket, because at the time you request reservations we are unable to confirm your booking, the validity of your Ticket will be extended until such time as we are able a seat in the travel class for which the fare was paid, or you will be entitled to a refund in accordance with Article 10.

3.2.3 If you are prevented from continuing your journey after its start within the period of validity due to illness, we can extend the period of validity of your Ticket. However, this extension is only possible up to the time that you are fit to travel once again or until our first flight after this date from the place where you interrupted your journey, depending on what seats are available and exclusively in the class of service for which the Ticket was issued. Such illness must be attested by a medical certificate. If the Flight Coupons remaining in the Ticket, or in the case of an Electronic Ticket, the Electronic Coupon, involve one or more stopovers, the validity of such a Ticket can be extended for not more than three months from the date shown on the Ticket. Under these circumstances, we will 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 en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay requirement or extending the Ticket’s period of validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be extended. Any such modification shall be made only upon receipt of a valid death certificate; and any such extension of the validity shall not be for a period longer than 45 days from the date of the death.

3.3 Complying with the sequence of use of Flight Coupons

3.3.1 A flight Ticket comprises one or more Flight Coupons. Each Flight Coupon is issued for exactly one sector. For example: a Ticket from Munich to New York and back with the sectors from Munich – Vienna, Vienna – New York, New York – Vienna, Vienna – Munich comprises four Flight Coupons or one Ticket. In the same way, the flight from Munich – Vienna, Vienna – Munich also comprises two Flight Coupons, regardless of any stopover in Munich. The Ticket you have purchased is only valid for the sequence of transportation shown on it. The price you paid is based on our fares and is specially calculated based on the travel dates you have selected and sequence of travel. Therefore the calculated price applies only to the sequence of transportation shown on the Ticket. This represents an important part of our contract with you. Due to the market situation, fares consisting of several Flight Coupons can be less expensive than the respective individual flight sections. To prevent these cheaper fares from being undermined, Austrian Airlines has made it a condition of carriage that the sectors are to be flown in the sequence of transportation shown on the Ticket.

3.3.2 If you are unable to fly the indicated sequence in the order given due to Force Majeure, illness or for any other reason or impediment for which you are not responsible (such as a late feeder flight), the remainder of the Flight Coupons shall remain valid. In this case, you may use the remaining Flight Coupons in the sequence shown. The relevant reasons are to be made known to us and substantiated immediately after you become aware of them or after discontinuation of the impediment.In this case, you may use the remaining Flight Coupons in the planned order sequence shown.

3.3.3 If you depart not using the Flight Coupons in the sequence shown and so circumvent the fare system, we will charge you the applicable price for the actual sequence of transportation you intended to take. This will be done by determining the fare you would have had to pay on the day of reserving your actual sequence of transportation you intended to take. This may be higher than the original fare you would have had to pay on the day. The calculation will be based on the best value price available in your booking class for the changed sequence of transportation. If the booking class originally booked by you is not available for the changed routing on the day of making the reservation, the cheapest available booking class will be used to recalculate the changed sequence of transportation. Any taxes and charges for the unused Flight Coupon will be deducted. Please note that unless the difference in price has been paid, you will not be allowed to travel.

The additional price can be requested at any time by contacting our call centre or your booking office.

Links to our contact details can be found here:
Information page for worldwide reservation numbers
Please send written enquiries via our contact form

3.4 Multiple Bookings

If you have been issued with multiple identical Tickets (i.e. Tickets with identical date, identical sequence of use of Flight Coupons, identical Passenger names, identical Tariff), we are authorised to cancel the surplus Flight Segments so that only one journey remains.

Article 4 – Fares, Tariffs, Taxes and Charges

4.1 Fares

Fares apply only for carriage from the departure airport to the destination airport unless otherwise expressly stated. Fares do not include ground transport services between airports or transport between airports and city terminals. The fares will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specified dates and itinerary. Should you change your itinerary or dates of travel, this may impact on the fare to be paid.

4.2 Taxes and Charges

Applicable taxes, fees and surcharges imposed by governments or other authorities or by airport operators shall be payable by you. At the time you purchase your Ticket, you will be advised of the taxes, fees and surcharges not included in the fare when you purchase your Ticket.

4.3 Currency

Fares, taxes, fees and surcharges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our Authorised Agents at or before payment is made (e.g. because conversion into the local currency is not possible). We may, at our discretion, accept payment in other currencies.

Article 5 – Seat Reservations

5.1 Conclusion of the agreement of transportation

5.1.1 General

Bookings can be made online on our website www.austrian.com or in our official app, by telephone by calling our call centre using the service number +43 5 1766 1000 (Mon–Sun from 08:00 a.m. to 08:00 p.m.) and in person at our Ticket Offices.  The agreement of transportation between us is concluded once you have made us a legally binding offer and we have accepted this offer. Depending on the kind of booking made, different administration fees apply.
For these please see the following link: www.austrian.com/Info/Flightinformation/ServiceChargeCountries.aspx

5.1.2 Specifics with booking online

When booking on the website www.austrian.com or in our official app, by hitting the button "Buy Now" or a similarly named field, you are making the legally binding offer to conclude an agreement of transportation. This transportation agreement is concluded once the confirmation reservation is received. The agreement is complete when the storable and printable Austrian booking confirmation appears on your screen, or when this booking confirmation is sent by email to the email contact address you have provided (or afterwards, whichever occurs first). Please note that we will verify your payment data before we issue your booking confirmation. If this verification is unsuccessful, we will not issue a booking confirmation and no transport agreement will have been made.

5.1.3 Specifics of cash payments

When you choose cash as a payment method, our acceptance of your offer and the transport agreement that arises is subject to the condition that you pay for the Ticket within 24 hours of making your offer; however, where departure is within 24 hours of making your offer, you must pay two hours before departure at the latest. Where timely payment is not made, no transportation agreement contract of carriage is made.

5.2 Personal Data

5.2.1 Data Protection

We make use of your personal data exclusively within the framework of the statutory requirements, and always only insofar as this is required to fulfil our contractual obligations or where there is an explicit statutory authorisation or obligation to use the data. Therefore, we exclusively use your personal details for the purpose of your purchase and payment of your relevant Ticket, the fulfilment of the contract of carriage and all associated additional services as well as the implementation of entry and customs procedures. You will find further information on our homepage at http://www.austrian.com/Info/LegalRegulations/DataProtection.aspx and http://www.austrian.com/Info/LegalRegulations/Datacollection.aspx.

5.2.2 Collection of contact data

In accordance with the regulation (EU) No. 996/2010***, we offer you the option of naming a contact person on our homepage providing their name and telephone number or email address; they will be advised should an aircraft accident occur. These details will be used exclusively for this purpose and will be deleted after the last flight you have started. Please note that this data is not connected with the reservation, and if you change your booking, these details must be re-entered.

5.3 Seating

5.3.1 Seating reservation subject to reservation charges

If you a paid for your seat reservation, you have a right to a certain seating category (window, aisle or middle seat). In the case of a re-booking is changed at our instigation, in the case of a flight cancellation, or in the event of changes made by us for operational, safety, security or other reasons, we will refund you the amount paid for your reservation if your desired seat category is not available. If you cancel or rebook your Ticket or you purchase an upgrade, the amount paid for the seat reservation will not be refunded.

5.3.2 Complimentary seat reservation

In the case of a complimentary seat reservation, we will endeavour to honour advanced seating requests; however we cannot guarantee any specific seat. Even after the boarding of the aircraft, we retain the right at all times to assign you a seat or to change an assigned seat. This may be necessary for operational, safety, security or other reasons.

5.4 Reconfirmation of Reservations

5.4.1 It may be necessary to reconfirm onward or return flights within specified time limits. We will advise you in good time when we require re- confirmation, as well as how and where it should be done. If this is required and you fail to reconfirm, we may cancel your onward or return reservations. If you inform us that you, nevertheless, wish to travel and there is space available on the flight in the requested booking class, we will do everything we can to transport you to your next or final destination.

5.4.2 You should in any case check the reconfirmation requirements of any other Carriers involved in your journey. Where it is required, we request you to reconfirm your flight with the Air Carrier whose code appears in the "Carrier/Flight" box on your Ticket.

*** Regulation (EU) No. 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC.

第 6 条 – 值机与登机

6.1 每个机场的值机截止时间不同,我们建议您及时了解并遵守值机时间。如果您预留充裕时间来遵守值机时间,那么您的旅途会更加顺畅。如果您不遵守值机截止时间,我们会保留取消预订的权利。我们或我们的授权代理将乐于提醒您我们首次航班的值机截止时间。您还可以从时刻表获知这些截止时间。对于任何续程或返程航班,您必须自行了解。

6.2 您必须我们规定的值机时间之前出现在登机口。

6.3 如果您未能按时值机或抵达登机口,我们可能会取消您的预订。

第 7 条 – 拒绝承运和限制承运

7.1 拒载权

在合理裁量的情况下,我们可能会拒绝运载您或您的行李,前提是我们事先以书面方式通知您。在这些情况下,您有权退款。

如果发生或者我们有理由相信会发生以下任一情况,我们可能也会拒绝运输您或您的行李:

7.1.1 此类措施是遵守任何适用的国家或国际规定所必要的;或者

7.1.2 承运您或您的行李可能会威胁或影响其他乘客或机组人员的健康、安全或者显著影响其舒适度;或者

7.1.3 您的心理或生理状况(包括酒精或药物的负面作用)会危害或威胁您自己、乘客、机组人员或财产;或者

7.1.4 您之前在航班上有不当行为,我们有理由相信此类行为还会发生;或者

7.1.5 您拒绝安检;或者

7.1.6 您未支付相应的票价、税、手续费或费用;或者

7.1.7 您无法出具有效旅行证件、试图进入您只能中转或没有相应有效旅行证件的国家、在飞行过程中毁坏旅行证件或者在有要求时拒绝将旅行证件交给航班机组人员(凭收据);或者

7.1.8 您出示的机票来源于非法渠道、购自我们或授权代理之外的实体或已挂失,或者您无法证明自己是票面注明的乘客;或者

7.1.9 您未能遵守上述第 3.3 条有关联票顺序和使用的要求,或者您出示的机票被我们或我们的授权代理之外的人员更改;或者

7.1.10 您未能遵守安全、安保规定或其他说明。

7.2 特殊帮助

承运无人陪同的儿童、残障人士、孕妇、患病者或其他需要特殊帮助的人员需要事先与我们进行明确约定。

Article 8 – Baggage

8.1 Free Baggage Allowance

Depending on your Tariff, you can carry Baggage in specific amounts.

8.2 Excess Baggage

You will be required to pay a charge for the carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request.

8.3 Items Unacceptable as Baggage

8.3.1 You may not include in your Baggage:

8.3.1.1 Items which are likely to endanger the aircraft, people or objects on board the aircraft, in particular those specified in the ICAO’s (International Civil Aviation Organisation) "Dangerous Goods Regulations", as well as those of IATA (International Air Transport Association) and in other regulations (further information is available upon request);

8.3.1.2 Items the carriage of which is prohibited under the applicable laws, regulations and other provisions of the state of departure or the state which is being flown over or to;

8.3.1.3 Items which are considered by us to be unsuitable for carriage because they are dangerous, or by reason of their weight, size, form or shape, fragility or perishable nature; information about unacceptable items which is available from us upon request.

8.3.2 Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sports purposes may be accepted as Checked Baggage in accordance with our conditions, where firearms are unloaded with the safety catch on, as well as suitably packed. Carriage of ammunition is subject to, and subject to the regulations for the transport of munitions as specified above in Article 8.3.1.1.

8.3.3 Weapons such as antique firearms, swords, knives, etc. can be accepted as Checked Baggage at our discretion, but will not be permitted in the in the cabin of the aircraft.

8.3.4 In the event that any objects as described in 8.3.1 and 8.3.2 are found in your Baggage, we are not liable for loss or damage to these objects, on the precondition that loss or damage is not caused by a consequence of grossly negligent or wilful behaviour on our part.

8.4 Right to Refuse Carriage

8.4.1 We reserve the right to refuse carriage of objects named in Article 8.3 and may refuse the further carriage of any such objects discovered during transportation. We also reserve the right to refuse the carriage of Baggage which weighs more than the permitted Baggage allowance and which was not confirmed by us for the announced route at the start of the journey, or where the applicable charge has not been paid (for example, sports luggage or excess Baggage). You are responsible for the further disposal of refused Baggage, and we assume no liability for it.

8.4.2 We may refuse to carry as Baggage any item considered by us as unsuitable for carriage due to its size, shape, type, weight and content, or for safety or operational reasons, or for the comfort of other Passengers. Information about unacceptable items is available from us upon request.

8.4.3 We may refuse to carry as Baggage if in our reasonable opinion not properly and securely packed. Information about packing unacceptable to us is available from us upon request.

8.5 Right of Search of People and Baggage

We can insist on security grounds that you permit a search or scan of your person and a search or screening of your Baggage. If you are not available, your Baggage can be searched in your absence for the purpose of determining whether you are in possession or whether your Baggage contains any item described in Article 8.3 above. If you are unwilling to comply with such a request, we can refuse to carry you and your Baggage. In the event that a search or scan causes damage to your Baggage, we shall not be held liable for such damage except for the case of intent or gross negligence.

8.6 Checked Baggage

Upon delivery to us of the Baggage that you wish to check, we will take it into our custody and issue a Baggage Tag for each piece of Checked Baggage.

8.6.1 Checked Baggage must have your name or other personal identification affixed to it.

8.6.2 Your Checked Baggage will, whenever possible, always be carried on the same aeroplane as you, unless we decide for safety reasons to carry it on another flight. If your Checked Baggage is transported on a subsequent flight, we will deliver it to your destination upon arrival, unless applicable law requires you to be present for customs clearance.

8.7 Hand Baggage

8.7.1 Please note the maximum dimensions and weight for Unchecked Baggage. Furthermore, it must fit either under the seat in front of you or in the Baggage compartment, otherwise it must be checked. Depending on the Tariff, checking Baggage may incur additional costs.

8.7.2 Items not suitable for carriage in the hold (such as delicate musical instruments) and which do not meet the requirements Article 8.7.1 can only be accepted for carriage in the cabin if you have given us advance notice and permission has been granted by us. We will request you to pay a separate charge for this service.  Information on this service is available from us upon request.

8.8 Collection and Delivery of Checked Baggage

8.8.1 You are obliged to take receipt of your Baggage as soon as it is made available at the destination airport or stopover location. In the event that you do not collect the Baggage within five days either of its arrival or of the time at which you are advised of its arrival we are permitted to collect a storage charge. The storage charge includes any charge to be paid at the relevant airport for the safekeeping of your Baggage, up to a maximum of 10 euros per day. Should your Checked Baggage not be claimed within a three-month period of it being made available, we may dispose of it with no liability for subsequent damage. This exclusion of liability is only applicable to consumers where the Baggage is not collected as a result of deliberate or grossly negligent actions on our part. Should there be any fees open, we will deliver your Baggage against payment of the open fees.

8.8.2 Only the bearer of the Baggage check is entitled to delivery of the Baggage. We are however not responsible for checking that the bearer of the Baggage check is the rightful recipient of the Baggage to be delivered.

8.8.3 If a person claiming Checked Baggage is unable to produce the Baggage check, we will deliver the Baggage to such person only on the condition that we are satisfied that this is the rightful owner of the Baggage.

8.9 Animals

The carriage of domestic animals is subject to special conditions of transportation and therefore requires our explicit acceptance. Austrian Airlines only carries dogs and cats. If we agree to carry your animal, they will be carried only subject to the following conditions:

8.9.1 You must ensure that your pet is safely crated in a sufficiently large and appropriate transport container. In addition, it is required to hold valid health and vaccinations certificates, together with a pet passport as well as other entry and transit papers required by the relevant country. Beyond this, we reserve the right to specify further conditions and measures as necessary, available from us upon request. For more information, please visit our website http://www.austrian.com/Info/Flying/TransportationAnimals.aspx or telephone us on: +43 5 1766 1000

8.9.2 The weight of the accompanying animal and the weight of the appropriate transport container and the necessary food is not part of the applicable free Baggage allowance; even if you do not carry any other Baggage with you. You will be obliged to pay the applicable rate for excess Baggage, available from us upon request.

8.9.3 Guide dogs and comparable service dogs (working dogs, emotional support dogs) as well as their containers and food will be carried free of charge over and above the free Baggage allowance, subject to conditions specified by us.  Free carriage and carriage in the cabin require proof of medical necessity. The Passenger’s reliance on the carriage in the cabin of an emotional support dog must be proven by a doctor’s certificate. Notwithstanding any provision to the contrary, we shall not be required to accept other animals apart from dogs as service animals.

8.9.4 We will have no liability for any such animal not having all necessary exit, entry, health and other documents with respect to the animal’s entry into or passage through any country, or if an animal is not properly crated during transportation, and the animal’s owner must reimburse any fines, costs, losses or liabilities imposed or incurred as a result. You are liable for all damages which an animal or service dog might cause on board the aircraft or to others. 

Article 9 – Cancellation, denied boarding due to overbooking, delay to flights

We strive to the best of our abilities to avoid cancellations, denied boarding due to overbooking and delays to flights. In the event that a flight is delayed or cancelled, or if you are denied boarding due to overbooking you can make claims in accordance with the Regulation (EC) No. 261/2004 of the European Parliament and of the Council 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.

第 10 条 – 退款

10.1 按照如下适用票价规则或收费表,我们将退票或退还其中任何未使用的部分:

10.1.1 在出具此类付款的充足证据后,我们有权向票面乘客或支付机票的顾客退款。

10.1.2 如果机票并非由票面乘客支付,并且机票上注明退款存在限制,我们只会向支付票价的人或该人的订单退款。

10.1.3 只有在向我们交出机票和所有未使用的联程后,才可退款,机票丢失的情况除外。

10.2 自愿退款

10.2.1 如果您获得退款的原因不在上述第 9.2 条的范围内,退款金额则为:

10.2.1.1 如果未使用机票,退款金额为:支付的票价并减去适用服务费和取消费;

10.2.1.2 如果使用了部分机票,退款金额则为:支付票价与已使用地点之间的适用票价之差,减去适用服务费和取消费。

10.3 机票丢失退款

10.4.1 如果您的机票丢失或部分丢失,那么在提供充足的丢失证据并支付合理手续费后,我们会在机票有效期后退还票价,前提是:

10.3.1.1 丢失的机票(或部分)未使用、未曾退款或更换;

10.3.1.2 接收退款的人员以我们规定的方式保证,如果存在欺诈和/或丢失机票(或部分)已使用或由第三方提出退款或更换,则向我们赔偿退款金额。

10.3.2 如果我们或者我们的授权代理丢失机票,我们则会更换机票。

10.4 拒绝退款的权利

10.4.1 我们拒绝在机票有效期后申请的退款。

10.4.2 对于为证明您从该国出发而向我们或政府官员提供的机票,我们拒绝退款,除非您充分证明您有权留在该国,或者您将乘坐其他承运商或其他交通方式从该国出发。

10.5 退款方式和货币

我们保留使用与支付时相同的方式和货币进行退款的权利。

10.6 退款人

自愿退款将仅由最初出票的承运商或代理办理。

第 11 条 – 机上行为

11.1 一般条款

如果我们认为您在飞机上的行为:

- 威胁到飞机,或者机上的任何人员或财产,
- 您妨碍机组人员执行公务,或无法遵守其指示,包括但不限于吸烟、酒精或服药等方面,或者
- 您的行为对其他乘客或机组人员造成不适、不便、损失或伤害,

我们会采取合理必要的举措来阻止此类行为。您可能随时会被逐出飞机并无法搭乘续程航班,并可能因为机上的行为而受到指控。此外,我们保留发起法律诉讼的权利。

此外,我们保留收集个人数据用于指控和其他诉讼的权利。

如果机组人员认为以下物品的尺寸、形状或重量存在安全隐患,则必须在受机组人员要求的情况下,在飞机滑行、起飞和着陆时将这些物品收好(包括轻型电子设备)。  

11.2 电子设备

智能手机、电子阅读器(电子书)、小型相机、手机、超极本、平板电脑、便携式收音机和录音机、CD/DVD/MP3 播放器或电子游戏机(“便携式电子设备”)等重量不超过 1 千克(2.2 磅)的电子设备可在飞机上使用,前提是关闭所有传输功能并调为飞行模式;但是,重量超过 1 千克(2.2 磅)或尺寸无法放入座位口袋(例如标准尺寸的笔记本电脑)的此类设备不得在飞机滑行、起飞和着陆过程中使用,必须关闭并收好。对于在飞行过程中无法触及的电子设备(例如托运行李中的便携式电子设备),则必须切断其电源。为保障安全,禁止使用其他传输设备(例如无线控制玩具和无绳电话)。禁止使用助听器和起搏器。

机组人员可鉴于安全考虑禁止使用电子设备。

第 12 条 – 额外服务约定

12.1 如果我们为您安排了空运之外的任何第三方服务,或者我们签发了有关第三方运输或服务的票据或优惠券(比如酒店预订或汽车租赁),我们在这种情况下仅承担代理的职责。在这些情况下,需要遵守第三方服务提供商的条款与细则。

如果这些附属服务由我们提供,我们仅对蓄意行为和重大过失负责。

12.2 对于奥地利航空 myHoliday 套餐的预订,奥地利航空仅作为航班的签约合作伙伴。对于奥地利航空 myHoliday 套餐另含的所有其他服务(下文简称为“额外服务”),奥地利航空仅作为服务商。如果预订奥地利航空 myHoliday 套餐,那么您便与提供额外服务的指定签约合作伙伴建立了合同关系。请注意奥地利航空仅作为这些额外服务的服务商。与额外服务的合同关系有关的索赔,应直接针对相应的签约合作伙伴。因此,奥地利航空不承担任何责任,并且不对与额外服务相关的任何直接、间接、意外、特殊或结果性损失负责。请注意奥地利航空 myHoliday 套餐仅捆绑奥地利航空的航班提供。无法单独预订。

12.3 如果我们还为您提供地面交通服务,则还需遵守其他条件。

第 13 条 – 行政手续

13.1 一般条款

13.1.1 您有责任获取所有必要的旅行证件和签证,并遵守目的地、出发地或中转地所在国家的所有法律、法规和要求。

13.1.2 对于未获取此类证件或违反此类法律、法规和要求而引起的后果,我们概不负责。

13.2 旅行证件

出行前,您必须出示相关国家的法律、法规或其他要求规定的所有出入境、健康和其他证件,并允许我们复印并保留复印件。

我们保留在您未遵守这些要求或者您的旅行证件不合格的情况下拒绝承运的权利。如果我们真实认为关键法规不允许为您提供交通服务,我们则会拒绝承运,并不对此负责。此外,如果您未因违规行为而被拒载,我们不对因违反手续而起的任何损失负责。

13.3 拒绝入境

如果您被拒绝进入任何国家/地区,您应支付我们因此而承担的任何支出、罚款或费用,以及将您送出该国的费用。在此情况下,我们不会退还飞抵被拒入境国家/地区的运费。

13.4 乘客赔偿罚款、拘留费等责任

如果我们需要为您的拘留支付任何罚金、罚款或费用,或者因为您未能遵守相关国家/地区的出入境或中转规定,或您无法提供必要的(旅行)证件而让我们承担任何费用,那么您应该应要求向我们赔偿任何实际费用或开支。我们可能会利用任何未使用的运费或者您存于我方的任何资金抵扣此类费用。

此外,我们保留采取所有必要措施确保追回此类费用的权利。

13.5 海关检查

如果需要,您应出席海关或其他政府官员对您的托运和非托运行李的检查。我们不对此类检查过程中您所遭受的任何损失或者您未满足此要求而遭受的损失负责。


13.6 安全检查

您应服从政府、机场、承运商或者我们执行的所有安全检查。

第 14 条 – 连续承运商

根据公约,一张机票中由我们和其他承运商执行的运输服务视为一次营运。但是,请您注意第 15.3.2 条。

第 15 条 – 损失赔偿责任

15.1 原则

如果您的运输服务还由其他承运商开展,则根据各自的承运条件确定责任。我们的责任规定如下:

15.2 适用法律

与损失赔偿责任相关的适用法律为公约和第 889/2002 号 (EC) 条例(现行的所有规定)。

15.3 一般规定

15.3.1 如果您对损失存在过失责任,则全部或部分减免我们的损失赔偿责任。

15.3.2 如果我们为其他承运商签发机票或托运行李,则只承担其他承运商代理的责任。

对于托运行李,您可向第一位或最后一位承运商索赔。

15.3.3 对于因我们遵守适用法律或政府法规和条例、而您未遵守适用法律或政府法规和条例直接或间接而导致的任何损失,或者不在我们责任范围内发生的事件而造成的任何损失,我们概不负责。

15.3.4 我们只会对经证实的损失与费用提供补偿性赔偿金。对于间接损失或结果性损失,或者刑罚性质的损失赔偿,我们概不负责。上述责任免除仅适用于满足以下条件的消费者:其损失并非因我们的故意行为或重大过失而造成,并且在订立合同之时,我们对于该损失对消费者利益造成的影响并不知情。

15.3.5 责任免除或责任限制还适用于我们的授权代理、员工、代表以及其航班由我们承运的所有人,包括他们的授权代理、员工和代表。我们和上述人员提供的赔偿总额不得超出我们责任限制的数额。

15.3.6 不考虑第 15.4.2 条的条件,如果我们提供证据证明我们的员工以及代表我们完成承运合同的其他个人采取了所有必要的措施来防止损失的发生,或者我们无法采取此类措施,那么我们对此概不负责。

15.3.7 一般承运条件中的任意条款均无法免除公约或适用法律规定的任何责任免除或责任限制。

15.4 人身损害赔偿责任

15.4.1 无限责任

对于机上事故或上下飞机时的事故造成乘客死亡、受伤或健康受损而引起损失,我们的赔偿责任无数额限制。

15.4.2 放弃责任豁免

对于价值最高为 113,100 特别提款权(截止到 2010 年 1 月 4 日,约合 123,165.9 欧元)的损失,根据公约第 20 条,我们可凭证据放弃责任豁免。

15.4.3 预付款

如若造成损失,我们会在确定有权获赔自然人的身份起 15 天内立即预付一部分赔偿金来弥补紧急财务需求。在乘客死亡的情况下,预付款最低为 16,000 特别提款权(截止到 2010 年 1 月 4 日,约合 17,424.00 欧元)。该预付款应视为最终赔偿金的预付部分。

15.4.4 责任免除

如果在您的年龄、心理或生理状况会使得乘坐飞机对您构成危险,或者这种危险需被重视的情况下,我们为您提供了交通运输服务,那么对于此状况全部或部分引起的损失,我们概不负责。

如果由于以上原因乘坐飞机会对您构成危险,那么您有义务提前告知我们,以便我们研究是否有可能提供安全交通服务。

15.5. 行李损失赔偿责任

15.5.1 我们的行李赔偿责任仅限于每位乘客 1,131.00 特别提款权(截止到 2010 年 1 月 4 日,约合 1,231.66 欧元)。

此类责任限制不适用于以下情况:证明相关损失是因我们或我们员工在明知可能造成损失的情况下的行为或失职(故意或疏忽)而造成;对于我们员工的行为或失职,还必须证明相关员工是在工作时造成的损失。

15.5.2 对于行李中物品造成的损失,我们概不负责。如果此类物品对其他乘客的行李或我们的财产造成损失,您应负责向我们赔偿所有损失和费用。

15.5.3 如果您的行李中包含条款 8.3.1 和 8.3.2 所述的任何物品,那么我们不对这些物品的丢失或损失承担赔偿责任,前提是此类物品的丢失或损失并非由于我们的重大过失或故意行为而造成(请参见条款 8.3.4.)。

第 16 条 – 索赔及诉讼的时效

16.1 索赔通知

如果在领取行李时未出现任何投诉,则足以说明已根据承运条件完好交付行李,除非您以其他方式提供证明。

如果您想针对托运行李的损坏提出索赔或诉讼,则必须在发现损坏后尽快通知我们,最晚不得超过收到行李后 7 天。同样,如果您想针对托运行李延误提出索赔或诉讼,则必须尽快通知我们,最晚不得超过行李归您保管之日起 21 天。所有此类通知必须以书面形式在上述时间限制内送出。

16.2 诉讼时效

如果您在航班到达之日、计划到达之日或者运输中断之日起 2 年内未提出诉讼,那么所有损失获赔权利均无效。有效时间限制的计算应由主审法庭的法律决定。

第 17 条 – 其他条件

您与您行李的承运服务同样根据适用于我们或我们采纳的特定其他规定和条件而提供。这些重要的规定和条件不时会发生变动,涉及到无人陪同未成年人的承运、对电子设备使用的限制、在飞机上饮用酒精饮料等。

Article 18 – Interpretation

The title of each Article is for convenience only, and is not to be used for interpretation of the text.

第 19 条 – 修订与豁免

我们的授权代理、员工或授权代表均无权补充或修改这些一般承运条件或者豁免这些条件的应用。

第 20 条 – 管辖法院

如果公约或其他适用法律的条件未规定管辖法院,那么针对我们的诉讼只能在维也纳的适用法院提出。