General Terms and Conditions of Carriage for passengers and baggage
from and to the USA
Vienna, April 2020
When you buy a ticket for a flight operated by Austrian Airlines (code OS), you enter into a Contract of Carriage with us.
- “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.
- “Agreement” is the agreement to standardise specific provisions for carriage in international air traffic, signed in Montreal on 28 May 1999.
- “Airline Code” is a code consisting of two characters or three letters allocated to the respective airline.
- “Connecting Flight” is a flight of two or more consecutive, jointly-issued Tickets, which together 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 carriage between two places which is carried out by us or another Air Carrier.
- “Conjunction Flight” 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” is 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 Passengers, flight information and other information.
- “Consumer” is any person who is a user as defined in § 1 (1) of the Consumer Protection Act¹ in the current version as amended.
- “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” and “your”).
- “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 an Air Carrier by which you must have completed check-in formalities and received your boarding pass.
- “You” and “your” 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 EUR 1.24 as of 11th December 2019).
- “Days” are calendar days, including Sundays and legal bank holidays; providing that, for the purpose of notification, the day on which notice is dispatched shall not be counted; and providing further that, for purposes of determining the duration of validity of a Ticket, the day on which the Ticket is issued or the flight is commenced shall not be counted.
- “Fare” is the remuneration to be paid for carriage of a Passenger and baggage, and the conditions under which it is applicable.
- “Ticket” is either the document entitled “Passenger Ticket and baggage receipt” or the Electronic Ticket; it includes the terms and conditions of contract and information, as well as the flight and Passenger Coupons.
- “Agreed Stopping Places” are places excluding the place of departure and the place of destination expressly defined as such or are published as such in our itineraries.
- “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 Terms and Conditions of Carriage (Passengers and baggage) as part of your Contract of Carriage.
1 = Federal law of 8th March 1979, BGBI [Federal Civil Code I] 140, which makes provisions for the protection of consumers in its currently valid version.
Except as provided for in paragraphs 2.2, 2.4 and 2.5 of this article, all the General Terms and 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 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 carriage is performed pursuant to a charter agreement, these General Terms and 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 Share” 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 the conditions of our respective Code Share Partners carefully beforehand and familiarise yourself with them.
You will find links to the websites of our Code Share Partners here.
The rules and regulations of our Code Share Partners for the flights/transport they operate are included in our General Terms and 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 about the identity of the operating Carriers²
As we are aware how important it is for you to know the airline (operating 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) number 2111/20052 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 EU list of Air Carriers subject to an operating ban within the European Community at ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm.
2.5. Overriding Law
In the event of inconsistency between these General Terms and Conditions of Carriage and our Fares or the applicable law, these Fares or the applicable law shall prevail over the General Terms and Conditions of Carriage.
In the event that any provision of these General Terms and Conditions of Carriage is invalid under the relevant applicable law, the remaining conditions shall be unaffected.
2.6. Regulations of the Air Carrier
Unless regulated otherwise in the General Terms and Conditions of Carriage, if there is any contradiction between these General Terms and Conditions of Carriage and other conditions, the General Terms and Conditions of Carriage shall take precedence.
2 = Pursuant to Regulation (EC) No. 2111/2005 of the European Parliament and the Council of 14th December 2005 relating to the establishment of an EU List of Air Carriers subject to an operating ban within the Community, as well as the instruction of air passengers regarding the identity of the operating airline companies and the repeal of Article 9 of Directive 2004/36/EC.
3.1.1. We will only provide carriage to passengers named on the Ticket; you may therefore be asked to produce appropriate identification at any time.
3.1.2. The Ticket is not transferable.
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 the event 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 or Flight Coupon reported as lost. 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 If 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 fare remains valid for carriage for one year, calculated from the start of carriage 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 standard fare is only valid for carriage or refund for the period given in the Air Carriers’ conditions, in the fare for carriage, 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 the next flight on which we have 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 during his/her flight, 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 is on a flight, 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. Compliance 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 sector 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 carriage 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 carriage 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 carriage 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 must 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 fly the remainder of the Flight Coupon in the sequence specified.
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 carriage 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 carriage 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 carriage. 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 carriage. 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.
Please send written enquiries using our contact form
3.4. Multiple Bookings
If you have been issued with several identical Tickets (i.e. Tickets with identical dates, identical sequence of use of Flight Coupons, identical Passenger names or identical tariff), we are authorised to cancel the surplus Flight Segments so that only one journey remains.
Fares only apply to 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 tariffs in effect when concluding the Contract of Carriage. Should you change your itinerary or dates of travel, this may impact on the fare to be paid.
4.2. Taxes, Fees and Surcharges
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.
Fares 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.
5.1. Conclusion of the Contract of Carriage
Bookings can be made online on our website www.austrian.com or on our official app, by telephone by calling our call centre using the service number +43 5 1766 1000 (Monday to Sunday, 08:00 – 20:00) and in person at our Ticket Offices. The Contract of Carriage 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 may apply. These are shown for information purposes only on the Handling fees page and do not form part of the contract.
5.1.2. Specific features when booking online
When booking on the website www.austrian.com or on our official app, by hitting the "Buy now" button or a similarly named field you are making a legally binding offer to conclude a Contract of Carriage. This Contract of Carriage 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).
5.1.3. Specific features when paying by cash
If you choose cash as a payment method, our acceptance of your offer and the Contract of Carriage 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. No Contract of Carriage therefore comes into effect if payment is not made on time.
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 website under Data Protection.
5.2.2. Collection of contact data
In accordance with the Regulation (EU) No. 996/2010³, we offer you the option of naming a contact person on our website and 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 stated. Please note that this data is not connected with the reservation, and if you rebook, these details must be re-entered.
5.3.1. Seating reservation subject to reservation charges
If you have paid for your seat reservation, you have a right to a certain seating category (window, aisle or middle seat, extra legroom seat, or a seat in the Preferred Zone or Privacy 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, 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 confirmation is required and you fail to reconfirm, we may cancel your onward or return flights. 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.
3 = Regulation (EU) No. 996/2010 of the European Parliament and the Council dated 20th October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EG.
6.1. The latest check-in times vary from airport to airport: We therefore recommend that you inform yourself about them in good time and observe these deadlines. Your journey will be smoother if you leave yourself ample time to carry out the whole check-in process calmly. We reserve the right to cancel your booking if you do not comply with the check-in times. We or our Authorised Agent will be happy to inform you about the check-in times for your first flight. You can also find these times in our itineraries. However, you must inform yourself about every subsequent onward or return flight on your journey.
6.2. You must be at the boarding gate no later than the time specified to you when you checked in.
6.3. We may cancel your booking if you fail to arrive at the check-in or at the boarding gate in good time.
7.1. Right to Refuse Carriage
In the reasonable exercise of our discretion, we may refuse to carry you or your baggage on our flights, providing we have previously notified you in writing. Under these circumstances, you will of course be entitled to a refund on the price of the flight.
We may also refuse to carry you or your baggage if one of the following has occurred or we have well-founded reasons to believe it will occur:
- 7.1.1. providing this action is necessary to comply with national or international regulations; or
- 7.1.2. your carriage or that of your baggage may jeopardise or threaten the security, health or the comfort of Passengers or crew; or
- 7.1.3. your mental or physical condition, including your impairment due to alcohol or drugs, presents a hazard or risk to yourself, other Passengers, the crew or to property; or
- 7.1.4. you have committed misconduct on an earlier flight, and we have reason to believe that such conduct may be repeated; or
- 7.1.5. you have refused to submit to a security check; or
- 7.1.6. you have not paid the applicable fare taxes, fees or charges; or
- 7.1.7. you do not appear to have valid travel documents, or you are seeking to enter a country which you are only entitled to transit or for which you do not have valid travel documents, you have destroyed your documents during the flight, or you refuse to surrender them to the flight crew – against receipt of confirmation of this – when so requested; or
- 7.1.8. you present either to us or our Authorised Agents a Ticket which has been acquired unlawfully, which has been reported as lost or stolen, or you cannot prove that you are the person named in the Ticket; or
- 7.1.9. you have failed to comply with the requirements set out in Article 3.3 above, concerning Flight Coupon sequence and use, or you present a Ticket that has been altered in any way, other than by us or our Authorised Agent; or
- 7.1.10. you fail to observe our instructions with respect to safety and security and warning signs or other instructions.
7.2. Special Assistance
Acceptance of carriage of unaccompanied children, people with disabilities, pregnant women, people with illnesses or other people requiring special assistance is subject to express prior arrangement with us.
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. Information on this service is available from us upon request.
8.3. Items unacceptable as baggage
8.3.1. You may not include in your baggage:
- 220.127.116.11. Items which are likely to endanger the aircraft, people or objects on board the aircraft, in particular those specified in the “Dangerous Goods Regulations” of the ICAO (International Civil Aviation Organisation), and those of IATA (International Air Transport Association) and in other regulations (further information is available on request);
- 18.104.22.168. 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;
- 22.214.171.124. 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 is available from us on 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 126.96.36.199.
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 cabin of the aircraft.
8.3.4. If 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 carriage. 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 it is not properly and securely packed. Information about packing unacceptable to us is available from us upon request.
8.5. Right to search 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 always be carried on the same aircraft as you, whenever possible, unless we decide to carry it on another flight for safety reasons. 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 Luggage
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 owed, we will deliver your baggage against payment of the oustanding fees.
8.8.2. Only the bearer of the baggage receipt is entitled to delivery of the baggage. We are however not responsible for checking that the bearer of the baggage receipt 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 receipt, 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. Pets and Service Dogs
8.9.1. The acceptance of pets (dogs, cats and other animals) for transport is subject to our approval and the following conditions:
The animals shall be properly crated and accompanied by valid health/vaccination certificates, entry permits, and other documents required by the countries of entry or transit. We reserve the right to determine the manner of carriage and to limit the number of pets which may be carried on a flight.
8.9.2. The weight of pets, containers and food, shall not be included in the free baggage allowance of the passenger. Its transportation shall be paid for at the rate applicable to excess baggage.
8.9.3. A recognized assistance dog required by the passenger will be accepted without charge for transportation in the cabin to the extent feasible; please take note of Article 8.9.5
8.9.4. On flights to or from the United States of America, to the extent required by 14 C.F.R. Part 382 and other laws and regulations as applicable, Austrian Airlines will accept for transportation, free of charge, a Service Animal accompanying a Passenger who is a Qualified Individual with a Disability and who requires a Service Animal for assistance by doing work or performing tasks for the benefit of that Passenger. If you wish to travel with a Service Animal, you must review and comply with the requirements set forth at https://www.austrian.com/at/en/plan/special-requirements/travelling-with-animals.html#assistant-dogs.
Austrian Airlines limits Service Animals to service dogs. A Qualified Individual with a Disability traveling with a service dog assumes full responsibility for the safety, health, well-being, and conduct of his or her service dog, including the interaction of the service dog with other Passengers and crew members who may come in contact with the service dog while onboard the aircraft or in gate areas.
A Qualified Individual with a Disability traveling with a service dog is solely responsible for compliance with all governmental laws, regulations and requirements, including, but not limited to, health certificates, permits, and vaccinations required by the country, state or territory from and/or to which the service dog is being transported, including laws and regulations that may apply at the Passenger's intermediate destination(s) and any expenses incurred or consequences resulting from a failure to comply with such laws and regulations, which may include placement of the service dog in quarantine on arrival.
8.9.5. Please note that it is essential for the safe and undisrupted operation of a flight that your animal is trained to behave properly in public settings. In order to travel with you in the cabin your animal must be obedient and behave properly. If your animal misbehaves, your dog may be transported in the cargo compartment (if a kennel is available), or carriage may be denied.
Animals travelling with you in the cabin (including container for transport, if applicable) shall fit in the footspace of your seat and shall be appropriately secured during the entire stay on board.
8.9.6. You assume full responsibility for the safety, health, and conduct of your animal, and for compliance with all governmental requirements, regulations, or restrictions, including entry/exit permits and required health certificates of the respective countries, states, or territories.
You shall be liable for all expenses due to your failure to comply with this provision, as well as for any damage your animal causes, and you shall indemnify us against all liability whatsoever, unless caused by the gross negligence or intentional misconduct of OS.
We strive to the best of our abilities to avoid cancellations, denied boarding due to overbooking and delays to flights. If 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 establishing common rules for compensation and assistance to passengers in the event of denied boarding and of cancellation or major delays to flights, and repealing Regulation (EEC) No. 295/91.
10.1. Level of statutory refunds
Unless otherwise stated in the conditions of carriage, the level of refunds will conform with legal regulations. If we cancel a flight, fail to operate a flight in accordance with the itinerary, fail to fly you to your specified destination or stop-over point, or you miss your pre-booked connecting flight due to a fault on our part, the amount to be refunded is calculated as follows:
- 10.1.1. if no portion of the Ticket has been used for a flight, the paid fare will be refunded;
- 10.1.2. if a portion of the Ticket has been used for a flight, the refund will be the difference between the paid fare and the applicable fare for the part of the route for which the Ticket has been used.
10.2. The amount of refunds in case of voluntary reimbursement
10.2.1. If you are entitled to claim a refund for reasons other than those stated in Article 9, the amount of the refund is calculated as follows:
- 10.2.1.1. if no portion of the Ticket has been used for a flight, the fare paid, less applicable service charges and cancellation fees will be refunded;
- 10.2.1.2. if a portion of the Ticket has been used for a flight, the refund will be the difference between the fare paid and the applicable fare for the part of the route between the points for which the Ticket has been used, less any applicable service charges and cancellation fees.
10.3. Refunding a Lost Ticket
10.3.1. If you lose a Ticket or a portion of it upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, we will refund the Ticket price after expiry of the validity period of the Ticket, on the condition:
- 10.3.1.1. that the lost Ticket (or a portion of it) was not redeemed or presented for carriage, refund or replacement;
- 10.3.1.2. the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay us the amount refunded in the event of fraud and to the extent that the lost Ticket (or a portion of it) was used or presented for refund or replacement by a third party.
10.3.2. If we or our Authorised Agents lose the Ticket, we will of course replace it.
10.4. Right to Refuse Refund
10.4.1. We may refuse a refund if an application is made after the expiry of the validity of the Ticket.
10.4.2. We may refuse refund on a Ticket which has been presented to us, or to government officials, as evidence of your intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another Carrier or another means of transport.
10.5. Manner of Refund and Currency
We reserve the right to make the refund in the same manner and in the same currency used to pay for the Ticket.
10.6. Payment of Refunds
Refunds will be made only by the Air Carrier or its Agents who originally issued the Ticket.
If in our opinion you conduct yourself on board the aircraft such that
- the aircraft, other persons or property on board or objects are endangered,
- you obstruct the crew in the performance of their duties or fail to comply with their instructions, including but not limited to smoking, the consumption of alcohol and drugs, or
- you behave in a manner that causes inconvenience, discomfort, damage or injury to other passengers or the crew,
we may take such measures as we deem necessary to prevent such behaviour. In these cases, we can stop at any place in your journey for you to be disembarked from the aircraft, and refused onward carriage, and we may institute civil and criminal action for your conduct on board.
We also reserve the right to collect your personal details for the purposes of legal prosecution.
The crew can order the stowage of objects (including “light” electronic devices) during taxiing, take-off and landing which in the crew’s judgement may threaten safety due to their size, shape, or weight.
11.2. Electronic Devices
The use of portable electronic devices up to 1 kg (2.2 lbs) in weight, such as smartphones, e-readers (e-books), compact cameras, mobile telephones, "ultra-lightweight" notebooks, tablets, portable audio equipment, CD/DVD/MP3 media players or electronic games ("Portable Electronic Devices"), is permitted during your entire time on board, providing all transmitting functions remain deactivated and the device remains in flight mode (the exception from this is the activation of Wi-Fi solely for the use of Austrian FlyNet); however, if such devices weigh more than 1 kg (2.2 lbs) or cannot fit in the seat back pocket due to their size (such as standard laptops), these must remain turned off and stowed during taxiing, take-off and landing. Electronic devices must remain switched off when not available to be deactivated during the flight (e.g. electronic device in checked baggage). For reasons of safety, the use of other electronic devices with transmitting functions (such as remote-control toys and walkie-talkies) is forbidden. Hearing aids and heart pacemakers can of course be used without restrictions.
Where safety reasons so require, the use of electronic devices can be prohibited by the crew.
11.3. Mask obligation
11.3.1 To protect the health of all persons on board, you are required to wear a FFP2 mask at all times from the moment you enter until you leave the aircraft. Higher rated masks may also be worn as long as they do not have a valve.
11.3.2 Children under the age of six and persons who are not permitted to wear a mask for medical reasons are exempt from the obligation to wear a mask. An exception to the obligation to wear a mask for medical reasons is only accepted if a recognised negative PCR test result and a medical certificate are presented on the relevant Austrian Airlines form. The PCR test must not have been carried out more than 48 hours before the scheduled departure time. If you are unable to meet these requirements, please contact us via email at email@example.com.
Please do not send us any sensitive information about yourself to this address, such as health findings or certificates. Contact via this email address is not encrypted.
11.3.3. You will find further information about the various types of masks permitted and contact information, in particular the Lufthansa Group form, on our FAQs page.
11.3.4. Entering and remaining in the aircraft with a known Covid-19 infection is expressly prohibited. You undertake to reimburse any costs incurred by Austrian as a result in the event of a violation of this provision.
12.1. If we make arrangements for you with a third party to provide any services other than carriage by air, or if we issue documents relating to carriage or services provided by a third party (“additional services”), such as for example hotel reservations or car rental, in doing so we act only as your agent. The contract is made directly between you and the relevant third party. We are not a partner in this contract.
12.2. For bookings for Austrian myHoliday Packages, a contract will be established mediated by us for the services of the relevant package between you and the respective contractual partner selected. Claims arising from this contractual relationship exist exclusively and directly between the contractual partners. With regard to Austrian myHoliday Packages, we are solely a facilitator of your contractual partner for the flight and/or transport, where this is provided by us directly or jointly with a Code Share Partner. With regard to all other services offered, we act exclusively as an intermediary. Please note that the Austrian myHoliday Packages are only available in conjunction with an Austrian Airlines flight. It is not possible to make a booking without a flight.
13.1.1. You are solely responsible for obtaining all the required travel documents and visas for your journey, and for complying with all laws, regulations and requirements of the countries in or out of which or through which you are travelling.
13.1.2. We shall not be held responsible for the consequences that result from your failure to obtain such documents or your non-compliance with these laws, regulations and requirements.
13.2. Travel documents
Prior to travel you must present all exit, entry, health and other documents required by law, regulation or other requirements of the countries concerned, and permit us to make and retain copies thereof.
We reserve the right to refuse carriage to you if you do not comply with these requirements or if your travel documents do not appear to be in order. We are not liable if, in good faith, we are of the opinion that in our view decisive regulations do not allow your carriage, which we therefore refuse. Furthermore, we are not liable for damages that arise from non-compliance with formalities if you were accepted for carriage despite your non-compliance.
13.3. Refusal of Entry
If you are denied entry into any country, you will be responsible for paying any resulting expenses, fines and charges levied against us, as well as the cost of transporting you from that country. In this case, we will not refund the fare collected for carriage to the point of denied entry.
13.4. Passenger Liability for Penalties, Detention Costs, etc.
If we are required to pay any fines, penalties or costs for your detention or to incur other expenses by reason of your failure to comply with the entry, exit or transit regulations of the country concerned or your failure to produce the required (travel) documents, you must reimburse us on demand any amount paid or expenditure incurred in connection with this. We may use any monies paid by you to us for carriage not used or your property in our possession for this purpose.
Furthermore, we reserve the right to take all such necessary measures in order to ensure that payment is made.
13.5. Customs Checks
If required, you must attend the inspection of your Checked and Unchecked Baggage by customs or other government officials. We are not liable for any damage suffered by you in the course of such an inspection or through your failure to comply with this provision.
13.6. Security Controls
You must submit to all security controls imposed by the authorities, airports, the Air Carriers or ourselves.
Carriage to be performed by us and other Air Carriers under one Ticket, in relation to the Agreement, is considered to be a single operation. However, your attention is drawn to Article 15.3.2 in relation to this.
If carriage on your journey is also performed by other Air Carriers, liability will be determined by their own conditions of carriage. Our liability provisions are as follows:
15.2. Applicable Law
With regard to our liability for damages both the agreement and Regulation (EC) No. 889/2002 are the applicable laws (all legislation in its currently valid version).
15.3. General Regulations
15.3.1. Our liability for damage is reduced in whole or in part by any negligence on your part, which causes or contributes to the damage.
15.3.2. If we issue a Ticket for carriage on flights of another Carrier or if we check Baggage for carriage on another Carrier, we do so acting only as agent for the other Carrier. With respect to Checked Baggage, you have the right to make a claim for damages against either the first or the last Air Carrier.
15.3.3. We shall not be liable for any damage arising directly or indirectly from our compliance with applicable laws or government rules and regulations or from your failure to comply with the same, or which arises from circumstances that are not in our responsibility.
15.3.4. Our liability shall in no case exceed the amount of the proven damage. We shall not be liable for indirect or consequential damages or for damages of a penal nature. This exclusion of liability applies to consumers only insofar as we have not caused the damage intentionally or through gross negligence and the interests of the consumer affected by these damages were not known to us when the contract was concluded.
15.3.5. Exclusions or limits of our liability apply also to our Authorised Agents, employees, representatives, as well as to every person whose aircraft we operate, including their Authorised Agents, employees and representatives. The total amount recoverable from us and the named persons shall not exceed the maximum amount of our own liability limits.
15.3.6. Notwithstanding the conditions of Article 15.4.2, we shall not be liable if we furnish proof that we, our people and other persons that we manage to fulfil the Contract of Carriage undertook all necessary measures to guard against the damage, or that we were unable to take such measures.
15.3.7. Nothing in these conditions of the General Conditions of Carriage shall waive any exclusion limitation of our liability under the Convention or applicable laws.
15.4. Liability for Personal Damage
15.4.1. Unlimited Liability
Our liability for damages caused by death, injury or damage to the health of a Passenger by an accident on board an aircraft, or when boarding or disembarking the aircraft is basically unlimited in amount.
15.4.2. Renunciation of Liability Exemption
For damages up to the amount of 128,821 SDR (equivalent to EUR 160,309.80 as of 27th of December 2019), we waive the liability exemption by virtue of proof under Article 20 of the Convention.
15.4.3. Advance Payments
In the case of damages arising, we will promptly, in any case within 15 days from the determination of the identity of the natural person entitled to compensation for damage at the latest, make an advance payment on the amount of damage for compensation necessary to cover immediate financial needs. In the case of the death of a Passenger, the value of this prepayment amounts to a minimum of 16,000 SDR (this is equivalent to EUR 17,424.00 as of 4th January 2010). This prepayment shall be considered as part payment towards final compensation amount.
15.4.4. Exclusion of Liability
If we undertake your carriage, despite the fact that this carriage constitutes a danger to you due to your age, mental or physical condition, or this danger is to be feared, we shall not be held liable for damage to the extent that this has been caused in whole or in part by this condition. If the carriage could represent a danger for you for these reasons, you are obliged to inform us in advance in order to enable us to examine the options for risk-free carriage.
15.5. Liability for Damage to Baggage
15.5.1. Our liability for Baggage is limited to the amount of 1,288 SDR (equivalent to EUR 1,602.84 as of 27/12/2019) per traveller.
These limits on liability do not apply if it can be proven to us that the damage has been caused by an act or a failing on our part or that of our employees, either maliciously or carelessly and in the knowledge that this would probably cause damage; in the case of an act or a failure by our employees, it must also be proven that this person was acting in the performance of their duties.
15.5.2. We are not liable for damage caused by items in your Baggage. If these objects cause damage to another Passenger’s Baggage or to our property, you shall be responsible for the repayment of all damages and costs to us as a result.
15.5.3. In the event that any objects as mentioned in 8.3.1 and 8.3.2 are located in your luggage, we are not liable for the loss or damage of these objects, providing that loss or damage was not caused as a consequence of our gross negligence or wilful behaviour on our part (see also Article 8.3.4.).
16.1. Notice of Claims
Acceptance of Baggage without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage, unless you prove otherwise.
If you wish to file a claim or an action regarding damage to Checked Baggage, you must notify us as soon as you discover the damage, and at the latest, within 7 days of receipt of the Baggage. Similarly, if you wish to file a claim or an action regarding delayed delivery of Checked Baggage, you must notify us as soon as possible, and at the latest within 21 days from the date that the Baggage has been placed at your disposal. Every notification must be made in writing and must be sent within the time limits mentioned above.
16.2. Limitation of Actions
Any right to damages shall be extinguished if an action is not brought within 2 years of the date of arrival of the aircraft at the destination or the date on which the aircraft was scheduled to arrive or the date on which the carriage was interrupted. The calculation of the period of limitation shall be determined by the law of the court where the case is heard.
Carriage of you and your Baggage is provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions, as varied from time to time, are important and concern among other things the carriage of unaccompanied minors, restrictions on the use of electronic devices, the consumption of alcoholic beverages on board, etc.
The title of each Article is for convenience only, and is not to be used for interpretation of the text.
None of our Authorised Agents, employees or authorised representatives is entitled to supplement or amend, or waive the application of the General Conditions of Carriage or other conditions.
If no court of jurisdiction results from the conditions of the Convention or other applicable law, legal action can only be brought against us at the applicable court in Vienna. The statutory provisions apply to legal actions against us by consumers.
Irrespective of the jurisdiction of the general courts, consumers may also appeal to an organisation for alternative dispute resolution:
The European Commission has set up a respective dispute resolution platform for online bookings at http://ec.europa.eu/odr.
Regardless of whether the booking is made online or by another method, consumers may appeal to one of the following organisations for an alternative dispute resolution:
Agentur für Passagier- und Fahrgastrechte (Agency for Passenger Rights)
SÖP Schlichtungsstelle für den öffentlichen Personenverkehr e.V. [German Conciliation Body for Public Transport, registered association] (alternative only for flights departing from or arriving in the United Kingdom or Germany)
Submitting a complaint online: https://soep-online.de/ihre-beschwerde/online-formular-flug/