SunExpress’s PASSANGER, BAGGAGE TERMS & CONDITIONS

Scope of application

These Terms and Conditions apply to any air transport contracts with SunExpress being the contracting carrier.

On some services we have arrangements with other carriers known as “Code Shares”. This means that even if you have a reservation with us and hold a ticket where our name or airline designator code (XQ) is indicated as the carrier, another carrier may operate the aircraft. If in case of a Code Share flight XQ is indicated as the carrier these Terms and Conditions will apply to such transportation. In cases where other carriers than XQ will operate the flight we will inform you as soon as possible as to which airline will be actually providing carriage.



Payment

All fares confirmed in the booking are valid only for the confirmed time, place of departure and destination for the person named in the booking confirmation. Full payment is due when the booking is completed. Flights booked via phone or on the Internet via our website can be paid for by credit card (Master Card, Visa). The entire ticket price will be charged immediately.

In case of non or late payment (default) we are entitled to charge interest on arrears. In cases of return debits ( meaning the amount charged by SunExpress is charged back in full or in part or is claimed otherwise) a return debit fee of 10.- € per booking is due and payable, if the passenger is not able to verify, that there is not a marginal or no claim originated for SunExpress.

SunExpress is entitled to cancel the contract and to claim compensation relating to the escape clauses mentioned below in cases of notice of default without payment. Setting a deadline is not required if departure will be imminent so that setting a deadline would be impracticable. In such cases we are entitled to cancel the contract immediately and to deny carria



Fares

Fares apply only for carriage from the airport of departure to the airport at the point of destination. Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase the ticket, you will be advised of taxes, fees and charges not included in the fare. If there is an increase in taxes, fees or charges after the ticket has already been issued, you will be obliged to pay that particular tax, fee or charge.



Reservations

As far as international flights are concerned SunExpress accepts seat reservations up to 72 hours before scheduled departure at the latest. Sundays and bank holidays are not to be considered as far as the counting is concerned. The handling of a seat reservation is fee required. We offer that kind of service only on SunExpress aircrafts, on SunExpress flights with SunExpress airline designator code. Please ask for the effective costs and conditions or find them at www.sunexpress.com

Please note that the following category of persons is not allowed to sit at emergency exits because of security restrictions;


- Infants (under age 2) and children (under the age of 12)

- expectant mothers,

- persons carrying animals in the cabin,

- physically or mentally disabled passengers,

- passengers with reduced mobility (e.g. due to body measurements,

illness or old age).

By making reservations for seats at the emergency exits you confirm that none of these criteria apply to your reservation(s). If not, we may assign another seat without reimbursement of the reservation fee.

In cases where the assignment of another seat is impossible despite exhausting all possibilities SunExpress reserves the right to deny air-transport.



Tickets

SunExpress will provide carriage only to the passenger named in the ticket. Tickets are not transferable. Provided that you are not traveling by electronic ticket, you only qualify for transportation on presentation of a valid ticket. If you are traveling by electronic ticket you will only qualify for transportation on presentation of a valid identity card or passport and coupon storage in the reservation system.



No-show before departure

You have the right to cancel the contract for carriage at any time In your own interests, we strongly recommend that you issue notice of cancellation in writing, quoting your booking reference number. A no-show will be regarded as a cancellation.

In the event of cancellation we shall be entitled to demand the agreed payment. We will take due account, however, of any expenditure which we normally save as a result of any cancellation of the contract or through reallocation.

The amount due to us shall be based on the cost of carriage. Flat rates shall be rounded up to the next full Euro. You have the right to provide us with evidence that no losses have been incurred or that the loss is substantially lower. The calculation is based on the price of the relevant flight minus the Service Charge (TSC). The Service Charge cannot be refunded.




Cancellation and rebooking rules for international / domestic flights

Rebooking from originally higher priced departures to lower priced departures is only possible if the original fare is maintained. In the case of rebooking to a higher priced departure, the price difference to the higher fare at the time of rebooking (fare on the day) is payable and due with immediate effect.

If changes are made to the date, destination or departure airport after the flight has been booked or boarded then we shall charge each passenger the following rebooking fees. The charge is based on the given fare. The fees are rounded up to the next full Euro.


Rebooking fees at a glance:



Saver-Tarif

- In case of rebooking up to 48 hours prior to scheduled time of departure we will charge you with the price difference between your original fare and the current fare of the flight on the day and an additional Service Charge of € 30,-.

- We do not accept any rebookings within 48 hours prior to scheduled time of departure.


Promo-Tarif

- We do not accept any rebookings at all.



Name changes and replacement passengers

We do not accept any name changes or replacement passengers at all. Name changes and replacement passengers are excluded.



Check-in

Unless otherwise instructed you are committed to be at the Check-in counter two (2) hours before scheduled departure. As far as domestic flights within Turkish borders are concerned and unless otherwise instructed you are committed to be at the check-in counter 90 minutes before scheduled departure. Please keep in mind to schedule your arrival at the airport with enough time to adhere to the Check-in deadline. Furthermore you are committed to be present at the gate for boarding no later than the time provided. SunExpress reserves the right to cancel your booking or deny boarding if you do not show up in time for Check-in or at the gate. SunExpress will not accept liability for damages and expenses you suffered because of any breach of the provisions mentioned above.



Conduct aboard aircraft

If your behaviour on board is such that you endanger the aircraft, persons or items on board or that you prevent the crew from carrying out their duties or that you fail to follow the crews´ instructions, including those regarding smoking, drug or alcohol consumption or if you cause trouble or injury to other passengers or the crew, SunExpress reserves the right to prevent your behaviour with every necessary and appropriate measure and to deny further transport as specified below.



Restriction/refusal of carriage

SunExpress is entitled to refuse carriage, subsequent carriage or cancel carriage ahead of schedule of passengers or their luggage if one or more of the following occurs:

in terms of passengers

  • carriage of passengers would violate applicable law, regulations or requirements of the country they departing from, going to or flying over;
  • carriage of passengers would impair the safety, order or health of other passengers or crew or would cause an unreasonable burden;
  • possession of weapons of any kind including but not limited to (a) firearms, cutting or thrusting weapons as well as spraying devices used for attacking or defense (b) ammunition or explosive substances (c) items that appear to be weapons, ammunition or explosive substances that have not been notified by the passenger before check-in. The carriage of those items might be acceptable as long as they are carried as cargo or checked baggage in accordance with the regulations governing carriage of dangerous goods. This does not apply to police officers that are required to carry service weapons in order to manage their duties. Before departure these passengers are committed to hand over service weapons to the captain.
  • the mental or physical condition of the passenger, including derogation caused by alcohol or drugs would cause a danger or risk for the passenger himself, other passengers, crew or items;
  • the passenger refuses security checks;
  • the passenger has not paid the valid fare, any due taxes or other charges and fees, including any such debts for previous flights;
  • the passenger is not in possession of all relevant documents required for departure/entry of the country of destination, does not carry valid travel documents or destroys these documents during the flight or refuses to hand over these documents to the crew against receipt despite request;
  • the passenger infringed rules to a not inconsiderable extent on an earlier flight and there is reason to believe that such conduct may be repeated;
  • the passenger in need of special care because of medical condition, disability or other reason does not register for special care within a period of two (2) business days (48 hours) before departure;
  • for safety reasons SunExpress will not provide carriage to expectant mothers within the final four (4) weeks prior to birth. For your own safety we would like to point out that air transport as of the 36th week of pregnancy is a considerable risk for yourself and your baby.


in terms of baggage

  • your baggage includes items that are suitable for endangering the aircraft or persons or property aboard aircraft, such as those specified in the ICAO or IATA Dangerous Goods Regulations, which are available from us or any authorized agent.

  • this particularly includes explosives, ammunition, fireworks, flares, gases, flammable/ non-flammable/ deep frozen/ and toxic liquids such as camping gas, aerosols, lighter gas and lighter fuel, paints and thinners, flammable solids such as matches and other highly flammable materials (lighters).

  • self igniting substances, substances which develop combustible gases upon contact with water, oxidizing substances such as bleaching agents and peroxides, toxic substances, pathogenic agents as well as radioactive materials.

  • acrid substances (e.g. mercury in alcohol-mercury thermometers), acids (alkalis, battery fluid), magnetizing substances, all kinds of liquids and hazardous goods listed in the IATA Dangerous Goods Regulations.

  • carriage of items that are prohibited by applicable laws, regulations or orders of any state to be flown from, to or over.

  • carriage of items that are dangerous, unsafe or not suitable for carriage because of their weight, size or perishable or fragile nature or particular sensitivity. Further information is available from any authorized agent.

If your checked baggage includes any of those items, materials or substances mentioned above, these items, materials or substances will be removed. This requires your baggage to be opened in order to remove the item, material or substance of risk.



Baggage

Within the scope of the air-transport contract you are entitled to carry along a certain amount of baggage free of charge. The limits are to be derived from the ticket and the invitation to bid that has been the basis of your offer the conclusion of contract concerning. An extra charge applies for additional, overweight and/or oversized pieces. Please be aware that very item of luggage must not be heavier than 32 kg.

Please keep in mind that your baggage might be checked at check-in. SunExpress will not accept any pointed or sharp items in passengers´carry-on baggage (e.g. knives, scissors or manicure sets). These kind of items have to be carried in passengers' checked baggage.

SunExpress will not accept any liability or responsibility for safekeeping for items being rejected at the security checks.


12.1 Carry-on baggage

You are allowed to bring one (1) piece of carry-on baggage up to six (6) kg (max. measurements: 55cmx40cmx20cm) free of charge. Excess baggage will be charged with a special fee. According to Regulation (EC) No. 1546/2006 all passengers departing from airports in the European Union and Switzerland (including connecting flights) are only allowed to transport liquids, pressurized containers, pastes, lotions and other gel-like substances up to a maximum amount of 100 ml per item in their carry-on baggage. Essential is the maximum filling amount printed on the container. All of these single containers must be packed in one (1) transparent, re-sealable plastic bag with capacity not greater than one (1) liter and will be checked. Only one (1) plastic bag per passenger is allowed. Special rules apply to prescribed medication and baby food. Some Non-EU states have adopted these or similar regulations. Further information is available from us and our authorized agents.

You do not have any claim for transportation as far as items are concerned that do not match the requirements mentioned above and that are not suitable for transportation in the cargo hold (e.g. sensitive musical instruments). These kind of items will only be accepted for carriage if we have been notified in advance and if we have approved them for carriage. Carriage of these special items is fee required. Unless SunExpress agrees to a fee required contract of deposit, we do not accept any liability for baggage left behind at the Check-in counter or gate.


12.2 Special baggage

The carriage of special baggage is fee required. Sports equipment e.g. bicycles, bodyboards, surfboards etc. in particular are deemed to be special baggage. The same is true of animals. We would like to point out that the national regulations and the IATA Live Animals Regulations will be applied. Animals must be transported in a suitable, solid, leak-proof and escape-proof container as stated in the IATA Live Animals Regulations. For safety reasons and limitation of aircrafts hold capacity the passenger has to apply in advance, with our reconfirmation, for carriage of animals. The passenger is responsible for all documents required for the animal to enter the country of destination. SunExpress reserves the right to deny carriage of animals in any case of noncompliance.

Checked baggage must not include:

  • money, jewellery, precious metal, cameras, mobile phones, electronic devices (e.g. laptops or personal computers), business papers
  • identity cards, passports or other identification papers, samples and valuables, meaning items worth more than € 300,-- (the cost price is the critical factor), except for clothing.

With reference to Article 20 of the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999) and Article 20 and 21 of the Warsaw Convention, SunExpress will not accept any liability for damages to or loss of items being wrongfully carried in the checked baggage. The same is true of consequential and indirect damages.



Liability and time limitation

The Montreal Convention or the Warsaw Convention may be applicable to your carriage and these Conventions govern and may limit the liability of air carriers for death or injuries of passengers, for loss of or damage to baggage and for delay.

Where the Montreal Convention applies, the limits of liability are as follows:

1. There are no financial limits for passengers´ injury or death. For damages up to 100.000 SDR (approximately € 122.000,--) the air carrier reserves the right to prove that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights. The air carrier will be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage (Art. 20).

Above that amount the air carrier can defend itself against a claim by proving that the damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents or was solely due to the negligence or other wrongful act or omission of a third party. The air carrier will make an advanced payment to cover immediate economic needs.

2. In case of destruction, loss of, damage to or delay of baggage up to 1.131 SDR (approximately € 1.220,--) unless the interest in delivery is higher than the limit mentioned above and the passenger informed the air carrier at Check-in and paid the supplementary fee or ensured that the baggage is fully insured.

3. In case of damages caused by delay up to 4.150 SDR (approximately € 5.100,--).


Where the Warsaw Convention applies, the limits of liability are as follows:

1. 250.000 Poincare Francs (approximately € 27.400,--) as far as the Hague Protocol is applicable and 125.000 Poincare Francs (approximately € 13.700,--) as far as the Warsaw Convention is applicable.

2. 250,-- Poincare Francs (€ 27,35) per kg for destruction, loss of, damage to or delay of checked baggage and 5.000,-- Poincare Francs (€ 547,--) for unchecked baggage. A passenger can benefit from a higher liability limit by paying a supplementary fee for a special declaration.


Time limitation: Any action in court to claim damages must be brought within two (2) years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

SunExpress will not accept any liability for damages occurring because of the removal of items, materials or substances out of your baggage. This does not apply to cases of malice or gross negligence.



Flight schedules and times of departure

Times of departure published in flight schedules may change between the date of publication and the date of booking or departure. They are not an integral part of our contract.
Before accepting your booking we will communicate the scheduled time of departure in effect. Please keep in mind that SunExpress does not guarantee set hours for departure but air transport during the day of operation that you have booked. SunExpress will provide passengers with definite times of departure as soon as possible.
SunExpress will endeavour to reduce any changes in times of departure to a minimum and to inform passengers as soon as possible. Due to operational reasons even provided times may change to a certain extent.

SunExpress reserves the right to change the aircraft or delegate air transport to a third party either halfway or in full. SunExpress will still be responsible for your carriage even though delegating air transport to another carrier. In case of delegation to another carrier we will inform about the change as soon as possible meaning during boarding at the latest. The blacklist of all carriers that are not allowed to deliver air transport is obtainable by the relevant National Enforcement Bodies (NEB) such as the French DGAC and the Air Transport User Council or Civil Aviation Authority for the United Kingdom.



Electronic devices

The unauthorized operation of electronic equipment, including, but not limited to, mobile phones, laptops, PDAs, CD Players, electronic games or transmitting devices, radio controlled toys and Walkie-Talkies aboard the aircraft is prohibited and may be subject to criminal prosecution. Pacemakers and hearing aids are excluded.



Non-smoking flights

All SunExpress flights are non-smoking flights, meaning that smoking is prohibited in all areas aboard aircraft and during your whole stay on board.



Relevant documents

You are obliged and responsible for obtaining all required, relevant documents and visas and for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over. SunExpress will not accept any liability for consequences resulting from your failure to obtain such documents or for your failure to follow rules and instructions.

It is your obligation to exhibit and permit copying all documents relevant for entering and/or leaving the particular country, health certificates or other important papers that are required by law, regulation, order, demand or other requirement of that country. We reserve the right to deny carriage in cases of noncompliance with prevailing provisions or incompleteness of documents. SunExpress will not accept any liability for losses or expenses resulting from failure to comply with these provisions.



Violation of conditions of entry and consequences

If you are denied entry into a country, you will be held liable for any fine imposed against SunExpress by the relevant country. If you are refused entry into a country (final destination or transit) and in case of adjudication of authorities to do so, we will carry you back to the place of your departure or any other place. You are committed to pay the applicable fare for that particular flight. As far as the payment of that particular fare is concerned, we may apply the funds you have paid for parts of the journey not made or any of your funds we are in possession of. We will not refund the pro rata fare collected for parts of your journey to the point of refusal of entry or deportation. If we are committed to pay any fine or deposit or have to bear expenses by reason of your failure to comply with laws, regulations, orders, demands or other requirements of the countries concerned, you will have to reimburse the amount of money that we advanced on loan. To cover such expenses we are entitled to use the value of any unused carriage on our ticket or any of your funds we are in possession of. Fines vary from country to country and may be higher than the fare you have paid.



Data protection

You accept that you have provided SunExpress with your private data for the following purposes: the booking process itself and as the case may be the booking of auxiliary services (also third parties), handling as far as conditions of entry are concerned and conveyance to the relevant authorities that are involved in processing your flight. You authorize SunExpress to pass on the data to our offices, empowered agents, domestic and foreign authorities, other airlines or persons rendering services mentioned above in order to execute in a proper way.



Travel insurance

The airfare does not include a travel cancellation insurance. We strongly recommend to effect that kind of insurance while booking your flight. In case of an insured event, it is your obligation to inform the insurer in written immediately. SunExpress is not involved in claim settlement.