Collection of data for passengers on flights to/from USA and Canada
All airlines are required to record and transmit personal information of its passengers on flights to/from the United States and Canada. Your information will be kept confidential and not used for commercial purposes.
Liability
For more information on liability please click here.
Conditions of Carriage
Vienna, February
Article 1 – Definition of expressions
„We“, „our“, „ourselves“ and “us” denotes Austrian Airlines AG or Lauda Air Luftfahrt GmbH or Tyrolean Airways Tiroler Luftfahrt GmbH.
„(Authorised) Agent“ is a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
„Agreed Stopping Places“ are those places, with the exception of the place of departure and the place of destination, expressly defined as scheduled stopping places on your route in the ticket or published as such in our timetables.
„Air Carrier“ (Carrier) is an air carrier other than ourselves, whose Airline Code appears on your ticket or on a conjunction ticket.
„Airline Code“ is the code of 2 characters or 3 letters that are designated to the relevant airline.
„Baggage“ is your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both Checked and Unchecked Baggage.
„Baggage Tag“ is a document issued by us to identify your checked baggage. It consists of a baggage tag that is attached to your baggage, and a baggage redemption tag given to you.
Checked Baggage is baggage that we have taken into custody, and for which we have issued a Baggage Check.
„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.
„Conditions of Contract“ are the excerpted conditions that are contained in or delivered with your ticket or Itinerary/Receipt, referred to as such and which incorporate by reference these General Conditions of Carriage (Passenger and Baggage) as part of your transportation contract.
„Conjunction Flight“ is a flight due to two or more consecutive, jointly issued tickets, which together constitute a single contract of carriage.
“Consumer” is any person who is a consumer in the sense of § 1, Clause 1 of the Consumer Protection Act [1] in the currently valid version.
“Convention” is the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal on 28 May 1999.
„Days“ are calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a ticket, the day upon which the ticket is issued or the flight is commenced shall not be counted.
„Electronic Coupon“ is a coupon in electronic form or other document in our database.
„Electronic Ticket“ is the Itinerary/Receipt issued by us, the electronic coupon or the boarding pass.
„Flight Coupon“ is that portion of the ticket bearing the remark „Flight Coupon“ or „good for passage“, or, in the case of an electronic ticket, the electronic coupon; which indicates the particular places between which the coupon entitles you to travel.
“Flight Segment” is a portion of transportation between two places, which is carried out by us or by another air carrier.
„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 passenger, flight information and other information.
„Passenger“ is any person, except members of the crew, carried or to be carried in an aircraft pursuant to a ticket (see also definition for „you“, “your” and „yourself).
„Passenger Coupon“ is that portion of the ticket that remains permanently in your possession.
“SDR” is a Special Drawing Right as defined by the International Monetary Fund (SDR 1.00 is equivalent to EUR 1.16132 as at 18.08.2006)
"Stopover" is a scheduled stop on your journey, at a point between the departure airport and the destination airport.
„Tariff“ is the remuneration to be paid for the transportation of a passenger including baggage, as well as the conditions applicable thereto.
„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.
“Unchecked Baggage” is all other baggage.
„You“, „your“ and „yourself“ is any person, except members of the crew, carried or to be carried in an aircraft pursuant to a ticket (see also definition for „passenger“).
Article 2 – Applicability
2.1 General
Except as provided in Articles 2.2, 2.4 und 2.5, these General Conditions of Carriage apply only on those flights, or flight segments, where the name of our airline or our Airline Code is indicated in the carrier box of the Ticket for that flight or flight segment.
Our flights are operated by the airlines of the Austrian Airlines Group, that is, Austrian Airlines AG, Lauda Air Luftfahrt GmbH or Tyrolean Airways Tiroler Luftfahrt GmbH.
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 Flights
On some routes we offer our services together with other air carriers, under arrangements known as „Code Shares“. This means that even if you have a reservation with us and hold a ticket where our name or Airline Code is indicated as the carrier, another air carrier may operate the aircraft. In case of such a „Code Share”, we or our agents will advise you of this fact at the time you make the reservation.
2.4. Information on the identity of the operating carrier²
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 already upon reservation. You also are immediately informed, in case the operating carrier is changed.
Regarding a reservation made through a channel which is not under the direct control of the Austrian Airlines Group, i.e. travel agencies and websites other than our own websites, the travel agents and websites' operators are bound by Art 11 of Regulation (EC) No. 2111/2005[2] to systematically inform our passengers at the time of reservation of the identity of the operating carrier and of each change of the operating carrier respectively.
You may find the Community list of air carriers subject to an operating ban within the Community at http://ec.europa.eu/transport/air_portal/ and through a link on 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 provisions shall be unaffected.
2.6 Regulations of the Air Carrier
Except as provided in these General Conditions of Carriage, in the event of inconsistency between these General Conditions of Carriage and other regulations, these General Conditions of Carriage shall prevail.
Article 3 – Tickets
3.1 General Provisions
3.1.1 We will provide carriage only to the Passenger named in the Ticket; you may therefore be required to produce appropriate identification at any time.
3.1.2 The Ticket is not transferable.
3.1.3 The Ticket is and remains at all times our property.
3.1.4 Except in the case of an Electronic Ticket, you shall not be entitled for 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 shall not be entitled for carriage if your Ticket has in any way been altered other than by us or our Authorised Agent. In the case of an Electronic Ticket, you shall not be entitled for 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 and you 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 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 carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, which we will refund if and when we are presented with evidence that the lost or mutilated Ticket has not been used before the expiry of its validity; subject to an administration fee.
3.1.6 A Ticket is valuable and 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 bought at standard tariff is valid for transportation for one year from the date of issue or, subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket. A Ticket bought at a tariff other than the standard tariff is valid for transportation or refund only for the period as quoted by the regulations of the air carrier or the transportation tariff or in the Ticket itself.
3.2.2 When 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 to confirm a seat in the class of transportation for which the fare was paid, or you may be entitled to a refund in accordance with Article 10.
3.2.3 If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey was interrupted on which space is available and exclusively in the class of service for which the fare has been paid. Such illness must be attested to 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 may 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 death of a passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the 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 validity shall not be for a period longer than 45 days from the date of the death.
3.3 Coupon Sequence and Use
3.3.1 The Ticket you have purchased is valid only for transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based on our Tariff, for the transportation as shown on the Ticket. It forms an essential part of our contract with you. The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided for in the Ticket.
3.3.2 Should you wish to change any aspect of your transportation, you must contact us in advance. The fare for your new transportation must be re-calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change your transportation due to Force Majeure, you must contact us as soon as practicable and furnish us with evidence of such Force Majeure. In this case we will undertake all reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
3.3.3 Should you change your itinerary without our agreement, we will assess the applicable price for your actual transportation. In this case you will have to pay the difference between the price you have already paid and the total applicable price for the new route you have selected.
3.3.4 Please be aware that while some changes in itinerary will not result in a change of fare, others, such as changing the place of departure (for example i