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Terms and Conditions & GCC

General Terms and Conditions of Business and Carriage of LEAV Aviation GmbH As of May 2023

1. Scope

These General Terms and Conditions of Business and Carriage (GCC) apply to all air carriage contracts concluded between the passenger (hereinafter referred to as “Passenger1”) and LEAV Aviation GmbH (hereinafter referred to as “LEAV” and, where applicable, abbreviated to the carrier code KK on the ticket) and to all passengers (hereinafter referred to as “Passenger1”) who are to be carried on flights or flight segments under a LEAV flight number or our name according to the ticket. The respective air carriage contract is concluded upon confirmation of the booking by LEAV or a representative authorized by LEAV with the content of the information on the ticket, these GCC and the other provisions referred to therein. These GCC take precedence over mandatory statutory provisions, official orders or deviating LEAV fare conditions. The validity of the other provisions of these GCC remains unaffected.

If the passenger is entitled to air transportation by LEAV on the basis of a charter contract with a third party (e.g., a tour operator), these GCC shall only apply to the extent that they are incorporated into the contractual relationship or on the ticket by reference or other reference.

LEAV makes the currently valid GCC available for download at www.LEAV.com. The GCC included in the booking apply.

2. Overview

The safety and well-being of all passengers is LEAV’s top priority. LEAV therefore draws particular attention to the following provisions of these GCC, which must be observed on all LEAV flights:

  • Seat belt requirement
  • Non-smoking
  • Exclusion from carriage
  • Criteria for seats at emergency exits
  • Prohibited items

3. Ticket, passenger identity

3.1 Ticket

Upon conclusion of the contract (booking), LEAV will issue the passenger with an electronic ticket and a booking confirmation (declaratory). The right to carriage is based solely on the ticket. The ticket loses its validity after completion of the flights listed therein or at the latest two calendar years after its issue. The passenger is entitled to an extension of the validity

  • until the obstacle to travel ceases to exist, if a flight listed on the ticket was not operated due to circumstances for which LEAV is responsible, or if the passenger was unable to board the flight due to proven illness (medical certificate) or
  • up to 45 days after the date of death (death certificate)if a passenger named on the ticket or a close relative of that passenger dies.

3.2 Identity of the passenger

A claim to carriage by LEAV exists only for the passenger named on the respective ticket, who is listed with their full first and last names. Upon request, identity must be proven with a valid passport, identity card or equivalent substitute document.

3.3 Booking for additional passengers

If a passenger makes a booking for themselves and one or more additional passengers, they are responsible for ensuring that the names are spelled correctly in accordance with these GCC. As the contractual partner of LEAV, the passenger remains entitled to cancel or change the rights of other passengers on the same booking established by the contract of carriage without their consent (§ 328 (2) BGB).

4. Payment and airfare

4.1 Airfare, payment

The airfare is determined by the selected fare and is calculated on the basis of the prices applicable at the time of payment for the flight date specified in the ticket and the flight route shown on the ticket. Where permitted, changes to the flight route or travel dates may affect the flight price to be paid. The total flight price per passenger consists of the flight price and the applicable taxes, fees, and charges levied by a government, other authorities, or the operator of an airport. The additional charges shown apply to the additional services specified in these GCC.

The total flight price can be paid when booking at a travel agency, by telephone or online using the payment methods specified. The payment methods offered may vary depending on the date of the scheduled departure or the flight route.

The total flight price is only confirmed upon completion of the booking in accordance with the ticket, i.e. only for the passenger booked on the booked flight route.

4.2 Due date of payment

The total flight price is due for payment in full immediately upon booking. If the total flight price increases subsequently, e.g. due to the booking or use of additional services subject to a charge or rebookings, the additional amount shall be payable immediately upon occurrence of the circumstance triggering the increase, at the latest upon confirmation by LEAV..

LEAV is not obliged to issue the ticket before the total flight price has been paid in full.

4.3 Non-payment by the passenger

As long as the total flight price has not been paid in full, LEAV is entitled to refuse all services under the air transport contract, in particular to refuse carriage.

If the passenger fails to meet a payment deadline granted to him, LEAV is entitled to

  • refuse carriage until the outstanding payments have been settled in full,
  • block the passenger’s online user access and refuse further bookings by or for the passenger,
  • demand compensation from the passenger for the resulting damage,
  • in the event of a chargeback for which the passenger is responsible, to demand a chargeback fee of 30 euros from the passenger for the additional expense and costs incurred as a result. The passenger is entitled to prove that LEAV has incurred no damage or only damage that is less than the chargeback fee charged.

4.4 Interest on arrears

If the passenger does not pay or does not pay on time (default of payment), LEAV is entitled to charge interest on arrears in accordance with the statutory provisions.

5. Seat reservation, reservation of free adjacent seats

5.1 General seat allocation

LEAV allocates seats at its discretion during the check-in process (including online). Unless the passenger has made a reservation to the contrary, they have no right to influence the choice of seat. Assigned seats must be taken by the passengers to whom they are assigned. LEAV is entitled to reject reservation requests and to reallocate assigned or reserved seats at any time if this appears necessary for reasons of flight safety or for operational reasons, or if incorrect or incomplete information about the passenger in question was provided at the time of reservation. LEAV will refund the reservation fee for a seat reservation that has been withdrawn, provided that the passenger is not solely or predominantly responsible for the withdrawal. If a seat reservation cannot be honored due to a change of aircraft, the passenger is entitled to request a refund of the fee online or at the LEAV Service Center.

5.2 Seat reservation

If offered, the passenger can reserve a seat for the passengers on the relevant booking online or at the LEAV Service Center up to 4 hours before the scheduled departure, subject to availability. Seat reservations within the meaning of these GCC also include the selection of a preferred seat at check-in at the airport. The general check-in acceptance time applies. The seat reservation fee depends on the fare booked and the type of reservation. The fee for seat reservations outside of seats with extra legroom (XLEAV, see section 5.3) is based on the currently valid prices at www.LEAV.com.

The fees for seat reservations will not be refunded if the passenger subsequently changes or cancels the flight in question.

5.3 Seat in a row with extra legroom (XLEAV)

XLEAV seats can be reserved. Fees may apply depending on the fare booked. The booking can be made online or at the LEAV Service Center up to four hours before departure. The amount is based on the currently valid prices at www.LEAV.com.

All payments at the airport can only be made by credit card.

For safety reasons, seats at emergency exits or in emergency exit rows can only be reserved if the passenger does not belong to one of the following groups of people:

  • Children under 16 years of age,
  • Pregnant women,
  • Persons who do not speak and/or understand German or English,
  • Persons traveling with animals in the cabin,
  • Physically and/or mentally impaired persons,
  • Persons whose mobility is restricted due to their physical size, illness, or age,
  • Deportees.

Passengers with a reservation at an emergency exit or in an emergency exit row must assist the cabin crew in an emergency.

LEAV is entitled to assign a seat outside an emergency exit row to a passenger belonging to the above-mentioned group of persons without any entitlement to a refund of the fee.

5.4 Free or additional adjacent seat

If offered, passengers may book a free seat next to them at the LEAV Service Center up to 4 hours before the scheduled departure, regardless of the fare booked and subject to availability. The price depends on availability and must be requested from the LEAV Service Center. The free adjacent seat is only available in conjunction with a seat reservation made by the passenger and must be located immediately next to the booked seat.

The free adjacent seat does not entitle the passenger to transport hand luggage or bulky or fragile items there. Exceptions to this can be agreed with the LEAV Service Center.

It is not possible to book a free adjacent seat at an emergency exit or in an emergency exit row (XLEAV).

6. No-show, cancellation, rebooking, upgrade, replacement passenger

6.1 No-show by the passenger

If the passenger does not board a booked flight or does not board it on time, the flight price will not be refunded. This does not apply to unused taxes and fees.

6.2 Cancellation by the passenger

Cancellation by the passenger is possible in accordance with the respective fare conditions. The refund amounts for cancellations up to 72 hours before departure can be found on the website www.LEAV.com. No refund is possible for cancellations less than 72 hours before departure.

Refunds will generally be made to the payment method used for the booking. The right to withdraw from or terminate the contract of carriage, as well as any claim to a partial or full refund of the carriage fare, only exists if this is expressly provided for in the conditions of carriage. We therefore advise you to take out appropriate insurance to cover unforeseen circumstances. Only taxes and fees that have not been used will be refunded.

6.3 Rebookings by the passenger

A rebooking is defined as a change to an existing flight booking to another flight offered by LEAV for the same route and the same passenger. A rebooking is only possible if there are seats available on the desired flight up to 72 hours before the scheduled departure of the original flight. A rebooking fee per person and route may be charged in accordance with the current fee table at www.LEAV.com. In addition, the price difference to a higher flight price for the actual route at the time of rebooking (current flight price) will be calculated retrospectively and must be paid by the passenger. LEAV will not refund any negative price differences.

Any fare differences and rebooking fees incurred when rebooking after the first flight segment has commenced can only be paid by credit card.

6.4 Change in the order of flight coupons by the passenger

The fare including taxes and fees is based on the data, flight details and routes entered on the ticket and is calculated for the departure point, stopovers and destination agreed upon when the flight was booked. The fare is an integral part of the air carriage contract. The fare applicable on the date of issue of the ticket is valid only for a ticket that is used in full on the specified travel dates and in the order booked (order of use of the flight coupons).

If improper use by the passenger is detected on the day of travel, e.g. if the passenger does not use the first coupon or if the coupons are not used in the order in which they were issued, we will recalculate the fare according to the changed route. The fare will be determinedthat you would have had to pay in your price group on the day of your booking for your actual route. This may be higher or lower than the flight price originally paid. If there was no availability in the price group you originally booked for the changed route check on the day of booking, the cheapest price group available for your changed route will be used for the recalculation.

If a higher flight price would have been payable on the day of booking for your changed route, we will charge you the difference, taking into account the flight price already paid. Please note that we may make carriage conditional upon your paying the difference. If you have a refundable ticket in accordance with the conditions and have not yet flown any part of the route, you can have the ticket price refunded in accordance with the fare conditions. However, you will then also lose your right to carriage.

For changing the order of flight coupons, a rebooking fee per person and route will be charged in accordance with the current price list at www.LEAV.com.

6.5 Upgrade

An existing booking can be changed retrospectively by LEAVnaked to the LEAVdressed fare for a fee in accordance with the current conditions at www.LEAV.com (upgrade). Changes can be made via the LEAV Service Center, subject to availability. The upgrade fee is non-refundable.

6.6 Name change/substitute passengers

The name of a passenger on the ticket may be changed or a substitute passenger may be named up to 72 hours before departure at the LEAV Service Center for a fee in accordance with the current terms and conditions at www.LEAV.com. If a spelling mistake was made when booking, this can be corrected free of charge at the LEAV Service Center. This also applies to additions to the first name or last name. In addition, the passenger must pay the difference to a higher flight price at the time of rebooking (current flight price).

Subsequent changes to payment details are not possible in connection with a name change or the naming of a replacement person. The passengers involved in the booking are jointly and severally liable.

7. Check-in, timely arrival at the airport, boarding

7.1 Check-in

Unless otherwise notified by LEAV, online check-in opens 72 hours before departure and is possible until four hours before the scheduled departure time. Fees are generally charged for check-in at the airport, which can be found in the current price list at www.LEAV.com. Unless otherwise notified by LEAV, check-in at the airport opens two hours before departure and is possible until 45 minutes before the scheduled departure time.

Passengers must have a valid official photo ID (passport, identity card or equivalent) at check-in and present it upon request. This applies regardless of other travel regulations, including flights to and from countries participating in the Schengen Agreement. The names on the photo ID and the ticket must match. Depending on the destination, passengers may also be required to provide additional passenger information at check-in due to official requirements. Passengers must ensure that the information provided is correct and updated in the event of any changes. In addition, the government entry and exit requirements must be observed and the identity documents and other documents (such as visas, health certificates) required in accordance with these requirements must be presented. LEAV is entitled to refuse check-in without the presentation of all required documents.

Passengers must be in possession of their boarding pass and have completed check-in formalities at least 45 minutes before the departure time stated on the ticket (check-in deadline).

7.2 Arrival at the airport

Passengers must arrive at the airport sufficiently early before the scheduled departure time to complete all official formalities and security procedures and to arrive at the gate on time. If necessary, additional time should be allowed for baggage drop-off. Procedures may vary at different airports and for certain flights. In the case of checked baggage, for children traveling alone, and for animals, passengers must arrive at the airport in good time, but no later than two hours and, in all other cases, no later than one and a half hours before the scheduled departure. Baggage drop-off and check-in at the airport close 45 minutes before the scheduled departure. Deadlines remain unchanged even in the event of delayed flights, unless LEAV informs the passenger of any changes to the deadlines.

7.3 Boarding

Passengers must arrive at the gate specified at check-in or on the departure boards at the airport for boarding no later than 40 minutes before the scheduled departure. Security checks and controls are carried out at every airport before passengers enter the gate areaLEAV has no influence over the duration and procedure of these measures. Passengers should therefore proceed to the security checks as early as possible. Boarding closes 20 minutes before the scheduled departure. In order to avoid delays, LEAV is entitled to refuse carriage to passengers who arrive at the gate later. LEAV accepts no liability for any damage or expenses incurred as a result.

7.4 Passenger conduct, misconduct

If the passenger’s conduct during the check-in process, during boarding, or on board is such that

  • the passenger poses a danger to the aircraft or to persons or property on board,
  • the passenger interferes with the crew in the performance of their duties or fails to follow the crew’s instructions, e.g. regarding smoking, alcohol or drug consumption, or
  • the passenger causes inconvenience or damage to other passengers or the crew,

LEAV is entitled to take the necessary measures to prevent such behavior, including restraint, and to refuse carriage.

8. Hand luggage/carry-on baggage

8.1 Hand luggage

Passengers may carry hand luggage that complies with the conditions of these GCC in the cabin. LEAV draws particular attention to the following sections on the list of prohibited items and the special provisions relating to liquids.

One small piece of hand luggage measuring up to 40 cm x 30 cm x 25 cm and weighing up to five kilograms (e.g., laptop bag, handbag, or briefcase) is permitted.

Depending on the fare booked, a second piece of hand luggage measuring up to 55 cm x 40 cm x 20 cm and weighing up to eight kilograms is included or can be booked for an additional fee, subject to availability. The current conditions on the website www.LEAV.com apply. The fees will not be refunded if the passenger subsequently changes or cancels the flight in question.

The dimensions and weight limits must be observed for each piece of baggage.

If the passenger wishes to take oxygen equipment or other medical equipment on board for medical reasons, they must notify the LEAV Service Center at least 72 hours before the scheduled departure. Carriage is only possible after confirmation by LEAV. In all other respects, the conditions for prohibited items in the cabin as set out in section 9.4 apply.

LEAV is entitled to have suitable hand luggage loaded into the cargo hold at its own discretion if capacity or operational requirements on board so require. As soon as the maximum weight, dimensions, or number of pieces of hand luggage is exceeded, LEAV may have the excess baggage stowed in the cargo hold. The passenger is then obliged to pay the excess baggage fees in accordance with Section 9.2. Items that are not suitable for transport in the cargo hold (e.g., sensitive musical instruments – see Section 8.2)will only be accepted for carriage in the cabin with the prior consent of LEAV. In such cases, the carriage of this special baggage is subject to a charge. LEAV is not liable for baggage left behind at check-in or at the gate.

Infants under the age of 2 are not entitled to hand baggage.

8.2 Cabin baggage (CBBG, e.g., musical instruments, works of art, urns in the cabin)

Passengers are free to take special cabin baggage (e.g., musical instruments, works of art, urns) that complies with the provisions of the second piece of hand luggage specified in 8.1free of charge in the cabin and stow it in accordance with the usual regulations. The maximum dimensions are 55 x 40 x 20 cm and the maximum weight is 8 kg. The prerequisite for free carriage is that the booked fare includes one piece of hand luggage of these dimensions.

The transport of baggage in the cabin (CBBG) that does not comply with the above maximum hand luggage regulations (dimensions and weight) must be registered at least 72 hours before departure for a fee. To do so, please contact the LEAV Service Center. Transportation in the cabin is only possible with a booked seat (additional booking), be packed securely and properly secured to the seat by the passenger. If the above regulations are not observed, LEAV reserves the right to refuse carriage or to transport the item in the cargo hold.

Musical instruments can also be transported in the cargo hold in transportable packaging, ideally in hard-shell packaging. Registration must be made at least 72 hours before departure via the LEAV Service Center and is subject to a fee (www.LEAV.com). The fees will not be refunded if the passenger subsequently changes or cancels the flight in question.

LEAV accepts no liability for the transport of, for example, musical instruments, works of art, or urns.

8.3 Prohibited items in the cabin

Passengers are not permitted to carry any items on board (in their hand luggage or on their person) that are likely to endanger the aircraft, persons, or property on board. If the passenger wishes to transport such an item in their checked baggage, they must check the applicable prohibitions (see section 10.1). The following items are prohibited in hand luggage in accordance with national and international legislation:

  • Rifles, firearms, and weapons

Any object that is capable of or appears to be capable of firing a projectile or causing injury, including: all firearms (pistols, revolvers, rifles, shotguns, etc.), replicas and imitations of firearms, components of firearms (except telescopic sights/targeting devices), air rifles, rifles and air, shot, signal, starter and toy pistols of all kinds, air guns, bolt guns and nail guns, crossbows, catapults, harpoons and harpoon launchers, cattle killing devices, stun guns or electric shock devices (e.g., devices for stunning and killing livestock), stun batons, stun guns, tasers, electric pulse devices, lighters’ that imitate firearms.

  • Pointed/sharp weapons and sharp objects

Pointed or sharp objects that can cause injury, including: axes and hatchets, arrows and darts, grappling hooks, harpoons and spears, ice picks, knitting needles, ice skates. Scissors and any form or type of knife (with a blade length exceeding 6 cm), knives made of metal or any other material (strong enough to be used as a weapon; with a blade length exceeding 6 cm). Butcher’s cleavers, machetes, razors and razor blades (except safety razors or disposable razors with blades in a cartridge), sabers, swords, daggers, scalpels, scissors, ski and hiking poles, throwing stars, tools (if these can be used as pointed or sharp weapons, e.g. drills and drill bits, carpet and cardboard knives, utility knives, all saws, screwdrivers, crowbars, pliers, wrenches, blowtorches)Martial arts equipment with a pointed or sharp edge.

  • Blunt instruments

Any blunt instrument that can cause injury, including: tennis rackets, baseball and softball bats, clubs or batons (rigid or flexible – e.g. clubs), rubber truncheons and sticks, cricket bats, golf clubs, hockey sticks, lacrosse sticks, kayak and canoe paddles, skateboards, billiard cues, fishing rods, martial arts equipment (e.g., brass knuckles, bats, clubs, blackjacks, nunchucks, kubatons, kubsaunts).

  • Explosives and flammable substances

All explosives or highly flammable substances that pose a threat to the health of passengers or crew or to the technical and general safety of the aircraft and property, including: Dynamite, gunpowder, plastic explosives, ammunition, detonators, detonators and fuses, explosives and explosive devices, replicas or imitations of explosives or explosive devices, mines and other explosive military equipment, grenades of all kinds, gas and gas containers (e.g. butane, propane, acetylene, oxygen – in large quantities), fireworks, flares of any kind and other pyrotechnic products (including small fireworks, “party poppers” and toy guns with ignition caps), matches, smoke canisters or smoke cartridges, flammable liquid fuels (e.g. petrol, diesel, liquid gas for lighters, alcohol, ethanol), spray paint, turpentine and paint thinner, alcoholic beverages exceeding 70% vol.

  • Chemical and toxic substances

All chemical or toxic substances that pose a risk to the health of passengers or crew or to the technical and general safety of the aircraft and property, including: acids and bases (e.g., batteries that may leak), corrosive or bleaching substances (e.g., mercury, chlorine), defensive or anesthetic sprays or gases (e.g., mace, pepper spray, tear gas, irritant gas, capsicum sprays, acid sprays, animal repellent sprays), radioactive material (e.g., medical or commercial isotopes), poisons, infectious or biologically hazardous material (e.g., infected blood, bacteria, and viruses), spontaneously combustible or flammable materialFire extinguishers.

  • Items containing lithium batteries

Luggage containing built-in lithium batteries where the batteries are recognizably removable and contain more than 27 WH are prohibited from being carried. Portable electronic devices containing lithium-ion or lithium-metal cells or batteries and carried for personal use are also prohibited from being carried if they have a lithium metal content of more than 2g or a rated energy in watt hours of more than 100 WH.

For battery-powered means of transport, such as:

  • E-bikes, e-scooters
  • Pocket bikes, children’s electric vehicles
  • Hoverboards, balance boards

with the exception of mobility aids, there is an absolute ban on transport.

8.4 Liquids in hand luggage

LEAV points out that, in accordance with EU regulations, liquids, pressurized containers (such as sprays), pastes, lotions, and other gel-like substances are only permitted in hand luggage or carried on your person up to a maximum printed capacity of 100 ml or 100 g per packaging unit. The actual fill level is irrelevant. The individual containers must fit completely into a resealable, transparent plastic bag with a maximum capacity of one liter and will be checked at the airport security checkpoint. Only one bag is allowed per passenger. Special regulations apply to medication and baby food. Various non-EU countries have enacted identical or similar regulations.

8.5 Child car seats on board

In accordance with European regulations, infants (under 2 years of age) must be secured either by loop belts or child seats (e.g., EU-OPS 1.320 and EU-OPS 1.730). LEAV recommends the use of an approved child seat during the flight, especially for infants (under 2 years of age). Passengers can obtain a list of approved child seats from TÜV Rheinland, for example. When using a child car seat, the passenger must book a full-fare child. The use of a child seat on board must be notified to the LEAV Service Center at least 72 hours before the scheduled departure. Unregistered child seats will not be assigned a separate seat without prior booking and LEAV may refuse carriage in the cabin. This also applies to non-approved child seats. In this case, infants (under 2 years of age) must be secured on the lap of an adult using a loop belt or “lap holding”.

9. Checked baggage

9.1 Checked baggage, fees

Passengers may check baggage that meets the requirements of these GCC for carriage. LEAV refers to the prohibited items in checked baggage in section 9.4. The name of the passenger or another identifying mark must be affixed to each piece of checked baggage. LEAV is entitled to hand over the checked baggage to the holder of the baggage receipt, if issued, and if it matches the baggage identification tag of the checked baggage, without further verification of entitlement. This does not apply if LEAV is aware of circumstances that are likely to cast doubt on the holder’s entitlement.

Checked baggage will, if possible, be carried on the same aircraft as the passenger, unless LEAV decides, for reasons of flight safety, security, or operational reasons, to carry the baggage on an alternative flight.

The valid free baggage allowance or the fees for the carriage of the first piece of baggage of a passenger by LEAV shall be based on the fare booked and whether the booking was made online, at the LEAV Service Center, or at the airport. The current overview of fees can be found on the website www.LEAV.com.

Passengers may check in a second piece of baggage weighing up to 20 kilograms that complies with the conditions of these GCC for transport. The fee for the transport of a second piece of baggage by LEAV is based on the fare booked in accordance with www.LEAV.com and whether the booking was made online, at the LEAV Service Center, or at the airport.

Checked baggage must be booked online at least 4 hours before departure. It can also be booked via the LEAV Service Center.

The fees will not be refunded if the passenger changes or cancels the flight at a later date.

9.2 Excess baggage

For the carriage of baggage weighing more than the free baggage allowance according to the booked fare, a fee per piece of baggage will be charged for each additional kilogram. The fees are based on the current information on fares and excess baggage charges on the website www.LEAV.com. Baggage weighing more than 32 kilograms is not permitted and LEAV is entitled to refuse to accept it for carriage.

Passengers are not required to register excess baggage in advance. The fee must be paid by the passenger at the airport (credit card only).

9.3 Carriage of sports equipment and special baggage

The carriage of sports equipment and special baggage is only possible with the consent of LEAV and must be requested by the passenger at least 72 hours before the scheduled departure at www.LEAV.com or at the LEAV Service Center.

Sports equipment includes, but is not limited to:

  • Skis/snowboards (max. 1 pair/item per passenger, including accessories such as poles and ski/snowboard boots)
  • Golf equipment
  • Bicycles, except for so-called “e-bikes” and “pedelecs”
  • Bodyboards and surfboards
  • Diving equipment
  • Parachutes
  • Fishing equipment
  • Archery equipment
  • Hiking equipment
  • Hockey equipment

up to a weight of 32 kilograms in transportable packaging. All sports equipment must be checked in separately from checked baggage. Otherwise, the entire baggage will be charged at the current excess baggage rates. Sports equipment may not contain any items other than those directly related to the practice of the sport, in particular clothing. LEAV reserves the right to check sports and special baggage at random and to refuse transport if the regulations are not complied with.

LEAV is also entitled to refuse to transport unregistered sports and special baggage or baggage that exceeds the maximum limits.

The fee for the transport of sports and special baggage by LEAV depends on the place of payment and can be found on the website www.LEAV.com.

Special baggage, such as musical instruments, works of art, urns (CBBG) in accordance with Section 8.2, can only be booked through the LEAV Service Center.

No registration is required for strollers, buggies, travel cots, and car seats if they are not to be used on board.

9.4 Prohibited items

LEAV shall not be liable for damage to or loss of items that are unlawfully included in checked baggage in violation of the provisions of these GCC. LEAV shall not be liable in accordance with Article 20 of the Montreal Convention. This also applies to consequential damage and indirect damage that may result from the transport of such items in checked baggage.

In accordance with national and international legislation, the following items are prohibited in checked baggage:

Explosive devices (including detonators, blasting caps, fuses, grenades, mines, and explosives, including plastic explosives), propane and butane gases, flammable liquids (including gasoline and methanol), flammable solids, and reactive substances (including magnesium, firelighters, fireworks, and other pyrotechnic products, torches), lighters, electronic cigarettes, oxidizing agents and organic peroxides (including bleaching agents, car body repair kits), toxic or infectious substances (including rat poison, infected blood), radioactive material (including medical or commercial isotopes), corrosive substances (including mercury, vehicle batteries), components of motor vehicle fuel systems (which have contained fuel), firearms and explosives, handguns, automatic weapons, ammunition including blank cartridges, mines, grenades or other military explosive devices, pistol attachments, fireworks, flares, smoke canisters, smoke cartridges, dynamite, gunpowderand firecrackers.

Furthermore, passengers may not check baggage containing items whose carriage is prohibited by law or by the official regulations of a country to be flown over or to which the aircraft is flying.

LEAV is also entitled to refuse carriage of oxygen for personal use, baby strollers, baby carriages, or engines. Furthermore, LEAV may refuse to transport items that are considered unsuitable for transport on the aircraft type in question because they are dangerous, unsafe, fragile, or perishable, or because they may unreasonably impair the well-being of other passengers.

In order to avoid liability claims, passengers are not permitted to check in cash, jewelry, precious metals, works of art, computers or other electronic devices (e.g., televisions), negotiable documents, securities or other valuables, fragile items, optical aids or perishable items, keys, medication, confidential business documents, samples, passports, access cards, and ID cards in their luggage.

In the case of luggage equipped with a lithium battery or lithium rechargeable battery (as commonly found in laptops or cameras), the lithium battery should be removed from the device if possible and carried in hand luggage. This does not apply to lithium button cells. This also applies to wheelchairs with unsealed or non-leak-proof wet batteries.

LEAV does not transport corpses and/or body parts.

10. Refusal to carry a passenger or baggage (right to refuse carriage)

10.1 Refusal or interruption of carriage

LEAV may refuse or interrupt the carriage of a passenger or their baggage if one or more of the following applies:

  • The carriage violates applicable law, regulations, or official orders of the country of departure, destination, or any country overflown.
  • The carriage endangers the safety, order or health of other passengers or the cabin crew, or constitutes an unreasonable burden on them.
  • The mental or physical state of health, including impairments due to alcohol, drugs or allergies, constitutes a danger or risk to the passenger themselves, to other passengers, to the cabin crew or to property.
  • On a previous flight, the passenger exhibited significant disruptive behavior and there is reason to believe that such behavior may recur.
  • The passenger refuses to submit to a security check of their person or luggage.
  • The applicable total flight price (including for previous flights) has not been paid.
  • The passenger does not have valid or complete travel documents, or the passenger wishes to enter a country for which he or she is only authorized to transit or for which he or she does not have valid or complete entry documents, or the travel documents were destroyed during the flight or the passenger refused to hand them over to the cabin crew against receipt despite being requested to do so.
  • The passenger presents documents that are illegal, have been reported lost or stolen, are forged or are the subject of payment fraud.
  • The passenger cannot prove by presenting photo identification (passport, identity card or substitute document) that he/she is the person named on the ticket.
  • The passenger fails toto follow the instructions for flight safety.

10.2 Provisions for the carriage of baggage

The provisions of these GCC apply to the carriage of baggage. For reasons of flight safety and security, LEAV may require the passenger concerned to undergo a search and inspection and to allow their baggage to be searched, inspected, and X-rayed. If the passenger cannot be reached, their baggage may be searched in their absence to determine whether it contains any prohibited items, in particular weapons and/or ammunition. If baggage contains the aforementioned items and these are discovered during security checks of checked baggage, these items must be removed from the baggage. LEAV accepts no liability for the removed items. LEAV can only be held liable for damage to the baggage and its contents caused by opening the baggage and removing items if this was done in breach of an obligation.

11. Transportation of animals

11.1 Transportation of dogs and cats

The transportation of dogs and cats is only permitted with the prior consent of LEAV and for a fee. LEAV does not transport animals on flights to the United Kingdom, Ireland, or the United Arab Emirates.

In general, dogs and cats are only transported from the age of 4 months or, in the case of non-listed third countries, from the age of 7 months. Transportation can be stressful for animals, and LEAV recommends that passengers consult a veterinarian in advance.consult a veterinarian in advance. Each animal must have valid health and vaccination certificates, entry permits, and other entry or transit documents required by the countries concerned. The passenger is responsible for the formalities of importing and exporting the animal. LEAV does not check the information provided by the passenger or the documents submitted for accuracy or completeness. Certain dog breeds are excluded from transport as pets due to their nature as fighting dogs (listed dogs 1). This also applies to mixed breeds. In case of doubt, please contact the LEAV Service Center.

If the conditions stated here are not met, LEAV is entitled to refuse transport of the animal. LEAV cannot be held responsible for any damage or indirect damage that may result. LEAV reserves the right to determine the type and manner of transport and to limit the number of animals permitted on a flight.

The fee for the transport of dogs and cats by LEAV depends on the place of payment and can be found on the website www.LEAV.com. Registration must be made online or at the Service Center at least 72 hours before the scheduled departure.

Maximum dimensions/weight: 25.5 x 40 x 40 cm / 8 kg. The animal must be properly placed in a designated, waterproof, bite-proof, and completely closed transport bag (no hard-shell containers). LEAV does not provide transport bags. The animal may not be removed from the transport bag during the entire flight. During take-off and landing, the transport bag must be stowed under the front seat and must be adequately secured during the flight. Only one animal per bag and passenger is permitted. Otherwise, the animals will not be accepted for transport.

Animals are not permitted in the cargo hold under any circumstances.

10.2 Assistance dogs

Assistance dogs (guide dogs, therapy dogs, and similar assistance dogs) as well as their transport cages and animal feed will be transported at no additional cost and outside the free baggage allowance. Free transport and transport in the cabin are subject to proof of medical necessity for the passenger. Assistance dogs traveling in the cabin must fit in their transport container in the footwell of the seat.fit in the footwell of the seat.

Assistance dogs must be registered with the LEAV Service Center at least 72 hours before departure, or immediately in the case of last-minute bookings. LEAV recommends that passengers with assistance dogs arrive at the airport at least two hours before departure.

12. Carriage of children, children traveling alone, pregnant women, and passengers requiring special assistance

12.1 Transportation of children and infants (under 2 years of age)

Tickets for children between the ages of 2 and 12 (the age at the start of the last flight indicated on the ticket is decisive) can be purchased online at a fare of 80% of the current flight price for an adult passenger plus airport charges and air traffic tax.

LEAV will only carry children up to the age of 12 if they are accompanied by an adult or by a brother or sister who is at least 16 years old. If the child is accompanied by only one parent, the accompanying person must, at LEAV’s request, present a written declaration signed by all persons entitled to custody of the childstating that the legal guardians consent to the flight under the supervision of the accompanying person. Irrespective of this, the entry or exit of children and young people under the age of 18 may be subject to proof of authorization by all persons entitled to custody in accordance with the national laws of various countries.

Each adult passenger may carry a maximum of one infant under the age of 2 without a seat on the passenger’s lap with an additional loop belt. A second infant (under 2 years of age) may be carried by an adult passenger in the seat next to the passenger in a restraint system approved by LEAV (see section 8.5) only upon request to the LEAV Service Center and only if a seat for the additional infant (under 2 years of age) is booked at the regular flight price.

An infant (under 2 years of age) must be booked and charged as a full-paying child for both the outbound and return flights if the infant has reached the age of 2 before the return flight.

12.2 Children traveling alone (LEAVmini)

Children aged 5 to 11 inclusive can travel unaccompanied for a fee upon prior registration with LEAV (unaccompanied minors/UM).

Registration with the LEAV Service Center must be made at least 72 hours before the scheduled departure. The current valid fee is independent of the fare booked and can be found on the website www.LEAV.com. Seat reservations are not included in the fee. Young people up to the age of 16 traveling alone will be treated as children traveling alone at the express request of their legal guardians.

The child traveling alone must present a valid photo ID (e.g., passport) at the airport, as well as a consent form signed by all legal guardians and any other necessary documentation. The legal guardians must provide appropriate documentation proving their right to care for the child. The legal guardians must confirm in the declaration of consent that LEAV is authorized to exercise the rights and obligations associated with parental care towards the child traveling alone during the flight, in particular to care for, supervise, and represent the child and to determine the child’s place of residence. At the same time, the person (name, address, telephone number)who will take custody of the child traveling alone at the destination airport.

For security reasons, the person accompanying the child traveling alone must identify themselves with valid photo identification when checking in and when handing over the child at the destination. If permitted by the respective airport authorities, it is possible to accompany the child traveling alone to the departure gate. In any case, the accompanying person must remain at the airport until the actual departure of the aircraft.

If the child travelling alone cannot be handed over to the person authorised to collect them at the destination airport as planned, in particular because this person does not appear at the destination airport or does not appear in time, or because they cannot prove their identity to LEAV’s satisfaction by means of photo ID, LEAV is entitledto take all necessary measures in the best interests of the child. This includes the right to return the child to the airport of departure in order to hand them over to the custody of their legal guardians. The legal guardians are obliged to reimburse LEAV for any additional costs and expenses incurred, unless these are attributable to a culpable breach of duty on the part of LEAV.

12.3 Pregnant passengers

Pregnant passengers must present LEAV with a medical certificate (maternity certificate) confirming the stage of pregnancy. For safety reasons, LEAV refuses carriage from the 36th week of pregnancy.

12.4 Special assistance (in particular passengers with reduced mobility)

In order to ensure the best possible preparation, passengers with special needs (disabled passengers, passengers with reduced mobility, sick passengers or other passengers requiring special assistance) must inform LEAV of their assistance requirements when booking, but no later than 72 hours before the scheduled departure.

For each passenger with special needs, LEAV will transport one collapsible wheelchair or up to two other mobility aids and one seat aid, unless excluded below, free of charge in addition to the permitted baggage allowance. The carriage of wheelchairs or other mobility aids with wet batteries, unsealed or non-leak-proof batteries is excluded. In the case of battery-powered wheelchairs or other battery-powered mobility aids with a leak-proof dry or gel battery, the battery must not be connected in a working condition and the battery terminals must be protected against short circuits and insulated. In addition, the battery must be securely attached to the wheelchair or mobility aid and, in the case of lithium-ion batteries, must not exceed a rated power of 300 Wh.

13. Liability and period for bringing claims

13.1 General

LEAV is liable in accordance with the statutory provisions and, in addition, in accordance with the terms and conditions of these GCC. LEAV’s liability shall in no case exceed the amount of the proven damage.

We would like to point out that transportation is subject to the Montreal Convention on the Liability of Air Carriers and Regulation EC 2027/97, as amended by EC 889/02, on the liability of air carriers in the event of accidents, in the version valid at the time the claim arises. The aforementioned regulations are not restricted by these GCC. LEAV shall only be liable for indirect or consequential damages if LEAV has caused them through gross negligence or intent. This does not apply to indirect or consequential damages resulting from injury to life, limb, or health of a personbased on a negligent breach of duty by LEAV.

The aforementioned regulations use a special drawing right (SZR) as defined by the International Monetary Fund to determine monetary amounts. In the event of legal proceedings, these amounts shall be converted into local currencies at the value of these currencies in special drawing rights at the time of the decision.

13.2 Personal injury

Personal injury occurs when a passenger on board an aircraft operated by LEAV or while boarding or disembarking is killed

, physically injured or otherwise suffers damage to their health. In this case, we would like to point out that our liability is governed by Regulation (EC) No. 2027/97, as amended by Regulation (EC) No. 889/02, on the liability of air carriers in the event of accidents (“Regulation”) of the European Parliament and of the Council of May 13, 2002and, in the case of international carriage within the meaning of the Convention, shall be subject to the provisions of the Convention and these Conditions of Carriage in the version valid at the time the claim arose. LEAV shall not be liable for personal injury in excess of 128,821 SDR per passenger if LEAV can prove that the person claiming damages or their legal predecessor caused the damage through an unlawful act or omission, even if only negligent. If a person other than the passenger claims damages for the death or bodily injury of the passenger, LEAV shall be wholly or partially exempt from liability if LEAV proves that an unlawful act or omission on the part of the passenger, even if only negligent, caused or contributed to the damage. In the event of personal injury up to an amount of 128,821 SDR per passenger, LEAV shall not be liable even if LEAV can prove that the damage was not caused by an unlawful and culpable act or omission on the part of LEAV (or its vicarious agents) or was caused exclusively by an unlawful and culpable act or omission on the part of a third party. In the event of personal injury, LEAV shall pay an advance payment to cover the immediate economic needs of the person entitled to compensation in proportion to the severity of the case within 15 days of the natural person entitled to compensation being identified. In the event of death, this advance payment shall amount to at least 18,096 SDR. The advance payment does not constitute an admission of liability and may be offset against any amounts payable at a later date. The advance payment shall not be refunded unless the passenger is partly to blame or it is subsequently proven that the persons who received the advance payment caused or contributed to the damage through negligence or were otherwise not entitled to compensation.

13.3 Damage to baggage

Our liability for damage caused by destruction, damage, and loss of baggage and personal items belonging to passengers is governed by Council Regulation (EC) 2027/97 of the Council of 9 October 1997 on air liability of air carriers in respect of the carriage of passengers and their baggage by air, as amended by Regulation (EC) 889/2002 of the European Parliament and of the Council of 13 May 2002, for international carriage within the meaning of the Agreement, in accordance with its provisions and these Conditions of Carriage in their currently valid version. We also refer to §47 ff LuftVG (German Air Transport Act).

The passenger must report any damage, loss, including partial loss, or destruction of baggage to LEAV immediately. Scratches, small dents, and abrasions do not constitute damage to checked baggage, but are signs of normal wear and tear. The passenger must ensure that their baggage is suitable for carriage by air and, in particular, that it is adequately protected against moisture. Acceptance of the baggage by the passenger without complaint shall be deemed sufficient proof that the baggage was handed over in good condition and in accordance with the contract of carriage, unless the passenger proves otherwise.

If the passenger’s checked baggage is destroyed, damaged or lost while on board an aircraft or otherwise in the custody of LEAV, LEAV shall not be liable for any damage if LEAV can prove that the damage was not caused by an unlawful and culpable act or omission on the part of LEAV (or its vicarious agents) or solely to unlawful and culpable acts or omissions of a third party.

In all other cases, in particular in the event of damage to unchecked baggage and the personal belongings of passengers, LEAV shall only be liable to the extent that the damage is attributable to the fault of LEAV (or its vicarious agents). In any case, LEAV reserves the right to prove that the injured party was wholly or partly responsible for the damage through their own fault. LEAV shall be released from liability in this respect.

Furthermore, LEAV shall not be liable if and to the extent that the damage

  • is attributable to the nature of the baggage or to an inherent defect in the baggage,
  • is due to the loss of or damage to items that, according to these GCC, are not permitted to be included in checked baggage (Section 9.4) or in hand luggage (Section 8.3), unless LEAV has expressly agreed to the carriage of the items concerned by way of exception
  • was caused by items in the passenger’s baggage. If these items cause damage to another passenger’s baggage or to LEAV’s property, the passenger shall be liable for all damage and expenses incurred as a result.

This exclusion of liability does not apply if LEAV (or its vicarious agents) caused the damage through gross negligence or intent.

Furthermore, LEAV’s liability for carriage exclusively within the Federal Republic of Germany and for international carriage within the scope of the Montreal Convention is limited to an amount in euros equivalent to 1,288 SDR per passenger in other cases

  • for checked baggage to the amount of 27.35 EUR per kilogram and
  • for unchecked baggage to the amount of 547.08 EUR per passenger.

These limitations of liability shall not apply if the passenger proves that the damage was caused by an act or omission of LEAV (or its vicarious agents) that was either committed with the intention of causing damage or recklessly and with the knowledge that damage was likely to occur or if the passenger, when handing over the checked baggage, has indicated a higher interest in delivery at the destination in terms of value and has paid the surcharge requested by LEAV for this; in this case, LEAV shall be liable up to the amount indicated, unless LEAV proves that the passenger’s interest was actually lower than that indicated by you.

13.4 Damage caused by delay

We would like to point out that carriage is subject to the Montreal Convention on the Liability of Air Carriers and Regulation (EC) 2027/97, as amended by Regulation (EC) 889/02 on the liability of air carriers in the event of accidents, in the version valid at the time the claim arose. LEAV shall not be liable for damage caused by delay if LEAV can prove that LEAV (and its vicarious agents) took all reasonable measures to avoid the damage or that it was not possible to take such measures. In the event of damage caused by delayed air transport, LEAV’s liability is limited to a maximum amount of 5,346 SDR per passenger or, if the delay only affects baggage,

  • for checked baggage to the amount of 27.35 EUR per kilogram and
  • for unchecked baggage to the amount of 547.

These provisions shall apply mutatis mutandis insofar as LEAV is liable for damages due to the non-carriage of passengers or baggage or due to the cancellation of a flight. Insofar as compensation has been granted in these cases in accordance with Regulation (EC) No. 261/2004 of the European Parliament and of the Council of February 11, 2004,, these shall be offset against any claim for damages.

13.5 Time limits

The passenger must notify LEAV in writing of any damage to their baggage immediately after becoming aware of it, but no later than seven days after accepting the baggage. In the event of delayed checked baggage, a claim must be reported to LEAV in writing no later than twenty-one days from the date on which the baggage is made available to the passenger. The aforementioned notification periods also apply in the event of legal action. The filing of a damage report at the airport does not replace the timely written notification to LEAV.

Any claim for damages of any kind may only be brought within a limitation period of 2 years. This does not apply to claims under Regulation (EC) 261/2004. The period begins on the day on which the aircraft arrived at its destination or on which it should have arrived or on which the carriage was interrupted.

13.6 Limitation period

Legal action for damages must be brought within two years of the date of arrival of the aircraft or the date on which the aircraft should have arrived. These provisions are based on the Montreal Convention of May 28, 1999, which was implemented in the European Community by Regulation (EC) 2027/97, as amended by Regulation (EC) 889/02, and by national legislation of the Member States.

14. Flight schedules, delays and cancellations/flight time changes, passenger rights

14.1 Change of departure times

If LEAV changes the scheduled departure time, passengers are entitled to their statutory rights, in particular those under Regulation (EC) 261/04. If, after the ticket has been purchased, LEAV makes a significant change to the flight schedule that is unacceptable to the passenger and LEAV does not rebook the passenger on a suitable alternative flight, the passenger is entitled to a refund of the total ticket price.

14.2 Changes to the aircraft or transfer to third parties

LEAV is entitled to change the aircraft and transfer the carriage in whole or in part to third parties/auxiliary agents, in which case LEAV shall remain responsible for the carriage booked.

In the event of a change to another air carrier, LEAV shall, regardless of the reason for the change, take all reasonable steps to ensure that the passenger is informed of the changes as soon as possible. In any case, the passenger shall be informed during check-in, but no later than upon boarding. Regulation (EC) 2111/05.

14.3 Change/cancellation of the flight

In the event of denied boarding due to overbooking, cancellation of a flight or delay, passengers may be entitled to compensation, assistance and reimbursement in accordance with Regulation (EC) 261/04. Passengers will receive written information on this at the check-in counter or at the gate. This information is required but do not constitute a basis for claims for damages and cannot be used to interpret the liability provisions of the Montreal Convention.

15. Electronic devices, seat belt requirement, non-smoking flights, alcoholic beverages, allergies, travel documents, violation of entry requirements and their legal consequences

15.1 Electronic devices

Passengers are not permitted to use electronic devices on board (e.g., cell phones, laptops, CD players, electronic games, and devices with transmission functions and walkie-talkies) without the permission of LEAV. Hearing aids and pacemakers are exempt from this rule. The instructions of the cabin crew apply.

15.2 Seat belt requirement

Passengers are required to keep their seat belts fastened at all times while seated in their seats during the entire flight. Passengers must follow the instructions of the cabin crew and the seat belt signs.

15.3 Non-smoking flights

Smoking is prohibited in all areas of the aircraft and throughout the entire flight. This also applies to electronic cigarettes (e-cigarettes). Violations of the smoking ban will be reported immediately and may result in the flight being terminated. LEAV is entitled to claim damages from the passenger responsible.

15.4 Alcoholic beverages

The consumption of alcoholic beverages brought on board by passengers is prohibited during the entire stay on board.

15.5 Allergies

LEAV cannot guarantee that passengers will not be exposed to allergens on board (e.g. brought on board by other passengers).

15.6 Travel documents

The passenger is obliged and is solely responsible for obtaining the entry and exit documents and visas required for the trip and for complying with all regulations of the countries to which the flight is flying or from which it is flying; the same applies to relevant regulations and instructions. LEAV is not liable for the consequences arising for the passenger from failure to obtain the necessary documents or from failure to comply with the relevant regulations or instructions. Upon request, the passenger must present the entry and exit documents, health certificates, and other documents required by the countries concerned before departure and allow LEAV to make the necessary copies of these documents.

LEAV is entitled to refuse carriage to a passenger if he or she does not comply with the

relevant regulations or if the documents are incomplete.

16. Data protection

The passenger acknowledges that LEAV has provided the personal data of the passengers booked by him or her for the following purposes: Making flight bookings, purchasing additional services if necessary Carrying out entry formalities and transferring such data to the competent authorities in connection with the operation of the flight in question. For the purpose of pandemic control, if authorities, such as health authorities, are required to request and obtain this data (e.g., to comply with entry requirements during a pandemic).

LEAV is entitled to pass on this data to its own offices, authorized agents, domestic and foreign authorities, other airlines, and other providers of the aforementioned services to the extent permitted by law, provided that this is necessary for the execution of the flight. Within the scope of customer service, LEAV uses the help of external service providers and their employees who act on the basis of separate agreements with us and are subject to strict data protection regulations.

Passengers can also find further detailed information on data protection in our privacy policy.

17. Insurance

Insurance benefits, in particular cancellation insurance in the event of

cancellation, are not included in the airfare.

18. Successive carriers

18.1 Operation

Air transportation performed by several successive carriers under a single ticket or a connecting ticket is considered a single operation for the purposes of the agreements governing transportation.

18.2 Liability of the carrier

Insofar as the air carrier has issued the ticket or is the first air carrier named in the ticket or, in the case of carriage by several successive air carriers, the first air carrier named in the connecting ticket, it shall not be liable for the parts of the journey performed by the other air carrier(s), except as provided in paragraph 3 below.

18.3 Legal action against air carriers

In the event of destruction, loss, delay, or damage to their checked baggage, passengers or their beneficiaries have the right to take legal action against the air carrier that performed the carriage during which the destruction, loss, occurred. Furthermore, the passenger may bring an action against the first and last air carriers.

19. Applicable law, place of jurisdiction, and dispute resolution procedure

19.1 Applicable law

The contracts of carriage with LEAV and these General Terms and Conditions are subject to German law.

19.2 Place of jurisdiction

The place of jurisdiction for legal action brought by passengers who are merchants within the meaning of the German Commercial Code (HGB) and for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought,is Cologne. This agreement on the place of jurisdiction does not apply to claims under the Montreal Convention or Regulation (EC) 261/04.

19.3 Supervisory authority

Federal Aviation Authority

Hermann-Blenk-Straße 26

38108 Braunschweig

19.4 Dispute resolution

LEAV participates in a dispute resolution procedure before a consumer dispute resolution body. In the event of disputes in connection with a private trip, the passenger has the right to contact the neutral arbitration board for public transport (söp). The competent arbitration board can be contacted at the following address:

söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V.

Fasanenstraße 81

10623 Berlin

https://soep-online.de

As of May 8, 2023