General Terms and Conditions of Business and Carriage (GTB/GTC)
of LEAV Aviation GmbH
Last updated: May 2023
1 Scope of application
These General Terms and Conditions of Business and Carriage (GTB/GTC) apply to all air carriage agreements concluded between airline customers (hereinafter: the “airline customer ”) and LEAV Aviation GmbH (hereinafter: “LEAV” and‚ when relevant‚ potentially abbreviated as the carrier code “KK” on tickets) and to all passengers (hereinafter: the “passenger1”) who‚ according to their tickets‚ are to be transported on flights or flight segments under a LEAV flight number or under our name. The respective air carriage agreement enters into effect upon confirmation of the booking by LEAV or an agent authorised by LEAV together with the content of the ticket details‚ this GTB/GTC and any other provisions referenced. Mandatory statutory provisions‚ official directives and deviating LEAV fare conditions take precedence over the applicability of this GTB/GTC. This has no effect on the validity of the other provisions of this GTB/GTC.
If the passenger is entitled to air carriage by LEAV on the basis of a charter agreement with a third party (e.g. travel agency)‚ this GTB/GTC applies only if it has been incorporated into the contractual relationship or displayed on the ticket by citation or other reference.
LEAV makes the currently applicable GTB/GTC accessible at www.LEAV.com. The GTB/GTC cited at the time of booking applies.
2 Overview
The safety and well-being of all passengers are LEAV’s highest priorities. For this reason‚ LEAV points out the following provisions of this GTB/GTC in particular‚ which must be observed for every LEAV flight:
• Seatbelt requirement
• Non-smoking
• Exclusion from carriage
• Criteria for emergency exit seats
• Prohibited items
3 Ticket and passenger identity
3.1 Ticket
Upon conclusion of the agreement (booking)‚ LEAV issues the airline customer an electronic ticket and a booking confirmation (declaratory). The airline customer’s entitlement to carriage is conferred only by the ticket. The ticket will lose its validity after the conclusion of the flights indicated on it or two calendar years after its issuance at latest. The airline customer is entitled to the extension of the ticket’s validity
• until the elimination of obstacles to travel in the event that the flight indicated on the ticket is not carried out due to circumstances for which LEAV is responsible or the airline customer is unable to board the flight in question due to verifiable illness (doctor’s certificate)‚ or
• up to 45 days after the date of death (death certificate) in the event that a passenger indicated on the ticket or a close relative of the passenger dies.
3.2 Passenger identity
An entitlement to the performance of carriage by LEAV exists only for the passenger specified on the respective ticket who is identified there by their full first and last names. The passenger’s identity must be verified with a valid passport‚ personal ID or equivalent substitute documents upon request.
3.3 Booking for additional passengers
In the event that airline customers carry out bookings for themselves and one or more additional passenger(s)‚ they are responsible for providing the correct spellings of all names in accordance with this GTB/GTC. As the contractual partner of LEAV‚ the airline customer retains the right to cancel or modify the rights established under the carriage agreement for the other passengers on the same booking without their consent (Section 328(2) of the Bürgerliches Gesetzbuch (BGB – German Civil Code)).
4 Payment and airfare
4.1 Airfare and payment
The airfare is determined according to the selected fare category and is calculated on the basis of the applicable prices for the specified flight date as at the time payment is due and the flight route indicated on the ticket. If permissible‚ changes to the flight route or the travel dates may affect the airfare to be paid. The total airfare per passenger consists of the airfare and the applicable taxes‚ fees and costs levied by governments‚ other authorities or airport operators. The additional services specified in this GTB/GTC are subject to the additional fees indicated.
Payment of the total airfare can be made via the respective means of payment specified when booking through a travel agency‚ by telephone or online. The means of payment offered may vary depending on the planned date of departure or the flight route.
The overall flight price is confirmed only upon conclusion of the booking in accordance with the ticket‚ i.e. only for the booked passenger on the booked flight route.
4.2 Payment due date
The total airfare is due for payment in full immediately upon booking. If the overall flight price subsequently increases‚ e.g. due to the booking or use of additional services subject to charge or rescheduling‚ the additional amount will be due for payment immediately upon occurrence of the circumstances triggering the increase‚ at the time of the respective confirmation by LEAV at latest.
LEAV is not obligated to issue the ticket before payment of the total airfare in full.
4.3 Non-payment by the airline customer
As long as the total airfare has not been paid in full‚ LEAV has the right to refuse all services under the air carriage agreement‚ particularly carriage.
If the airline customer fails to meet an allotted deadline for payment‚ LEAV has the right
• to refuse carriage until late payments have been settled in full‚
• to lock the airline customer's online user access and refuse further bookings from or for the airline customer‚
• to demand compensation from the airline customer for resulting losses‚ and
• in the event of a chargeback for which the airline customer is responsible‚ to demand a flat-rate chargeback fee of EUR 30 from the airline customer for the additional effort and resulting costs. The airline customer has the right to submit evidence that LEAV did not incur losses or incurred a lower amount of losses than the flat-rate chargeback fee levied.
4.4 Default interest
If the airline customer does not pay or does not pay in due time (default of payment)‚ LEAV has the right to charge default interest in accordance with the relevant statutory requirements.
5 Seat reservation and reservation of open adjacent seats
5.1 General seat assignment
As a general principle‚ LEAV assigns seats at its own discretion in the context of the check-in process (including online). The passenger does not have the right to influence seat selection unless they have made a reservation to the contrary. Passengers must accept the seats which are assigned to them. LEAV has the right to refuse reservation requests and to reassign assigned or reserved seats at any time when this is deemed necessary for reasons of flight safety or business reasons or if inaccurate or incomplete information on the passenger in question was provided for the reservation. LEAV shall reimburse the reservation fee for a withdrawn seat reservation‚ provided the airline customer is not solely responsible or primarily responsible for this withdrawal. If a seat reservation cannot be taken into consideration in the event of a change of aircraft‚ the airline customer has the right to request reimbursement of the fee online or from the LEAV Service Center.
5.2 Seat reservation
If the option is offered‚ the airline customer may reserve seats for the passengers on the booking in question online or at the LEAV Service Center at least 4 hours prior to the scheduled departure subject to availability. Claiming a desired seat when checking in at the airport is also considered a seat reservation in the sense employed in this GTB/GTC. This is subject to the general check-in acceptance time. The fee for a seat reservation is dependent on the booked fare category and the type of reservation. The amount of the fee for a seat reservation outside of the areas with additional legroom (XLEAV‚ see section 5.3) is determined according to the current fee schedule at www.LEAV.com.
The fees for a seat reservation are not eligible for reimbursement in the event of subsequent changes or cancellations of the flight in question by the airline customer.
5.3 Seats in rows with additional legroom (XLEAV)
XLEAV seats can be reserved. Fees may apply depending on the fare chosen at the time of reservation. The reservation can be made online or at the LEAV Service Center a minimum of four hours prior to departure. The amount charged is determined according to the current fee schedule at www.LEAV.com.
Payments at the airport can be made only by credit card.
For safety reasons‚ seats next to an emergency exit or in an emergency exit row can be reserved only when the passenger does not belong to any of the following groups of people:
• children under 16 years of age‚
• pregnant individuals‚
• individuals who do not speak and/or understand German or English‚
• individuals bringing animals with them in the cabin‚
• individuals with physical and/or mental disabilities‚
• individuals with limited mobility for reasons of physical size‚ illness or age‚ or
• deportees.
Passengers who reserve seats next to an emergency exit or in an emergency exit row confirm that they will assist the flight crew in the event of an emergency.
LEAV has the right to assign a seat outside an emergency exit row to any passenger belonging to the groups of people specified above‚ in which case the passenger will not be entitled to reimbursement of the fee.
5.4 Open or additional adjacent seats
If the option is offered‚ regardless of the fare category booked‚ the airline customer may book an open seat next to their own seat at the LEAV Service Center at least 4 hours prior to the scheduled departure subject to availability. The price depends on availability and can be inquired about at the LEAV Service Center. The open adjacent seat is possible only in conjunction with a seat reservation by the airline customer and must be located directly adjacent to the booked seat.
The open adjacent seat does not give the airline customer the right to transport hand luggage or bulky or fragile items there. Exceptions to this provision may be agreed with the LEAV Service Center.
Open adjacent seats cannot be booked next to an emergency exit or in an emergency exit row (XLEAV).
6 Failure to appear‚ cancellation‚ rescheduling‚ upgrades and passenger substitution
6.1 Airline customer’s failure to appear
If the passenger fails to appear for a booked flight or fails to appear for a booked flight in due time‚ the airfare is not eligible for reimbursement. This does not apply to unused taxes and fees.
6.2 Cancellation by the airline customer
Cancellation by the airline customer is possible in accordance with the respective fare category conditions. The amounts to be reimbursed in the event of cancellation at least 72 hours prior to departure are found on the website at www.LEAV.com. Reimbursement cannot be provided for cancellations less than 72 hours prior to departure.
As a general rule‚ any reimbursements are made to the means of payment used for the booking. The right to withdraw from or terminate the carriage agreement and any right to full or partial reimbursement of the fees for carriage exist only to the extent expressly specified under the conditions of carriage. As such‚ in case of doubt‚ we recommend that you take out corresponding insurance for unforeseen circumstances. Only unused taxes and fees are reimbursed.
6.3 Rescheduling by the airline customer
Rescheduling is defined as a change of the existing flight booking to another flight offered by LEAV for the same flight route and the same passenger. Rescheduling can only be carried out at least 72 hours before the scheduled departure of the original flight and subject to the availability of open seats on the desired flight. In the event of rescheduling‚ a rescheduling fee per person and route may be charged in accordance with the current fee schedule at www.LEAV.com. In addition‚ the difference in price for the airfare applicable to the actual route will be calculated at the time of booking (airfares updated daily). If it is higher‚ the airline customer will be charged the difference. The price difference is not eligible for reimbursement by LEAV in the event of a negative price difference.
In the event of rescheduling carried out after the first flight under a booking has been taken‚ settlement of any fare category differences or rescheduling fees potentially incurred can only be carried out by credit card.
6.4 Change in the order of flight coupons by the airline customer
The fare‚ including taxes and fees‚ is determined according to the dates‚ flight information and routes indicated on the ticket and is calculated on the basis of the place of departure‚ layovers and destination agreed at the time of booking. The fare is an integral part of the air carriage agreement. The fare applied on the ticket issue date applies only to a ticket that is completely used on the travel dates indicated and in the order booked (flight coupon usage order).
If we determine on the travel date that the airline customer has misused the ticket‚ for instance‚ not used the first coupon or not used the coupons in the order they were issued‚ we will recalculate the airfare according to the change in route. The airfare calculated will be the one that you would have had to pay in your price category on the date of booking for your actual route. That price may be higher or lower than the originally paid airfare. If no seats were available for the modified route on the date of booking in the price category you originally booked‚ the recalculated price will be based on the cheapest price category that was available for your modified route.
If‚ on the date of booking‚ you would have had to pay a higher airfare for your modified route‚ we will charge you the difference between that price and the airfare already paid. Please note that we may make carriage dependent upon your payment of the difference in price. If you possess a ticket for which reimbursement is allowed under these Terms and Conditions and you have not already flown a segment of the route‚ you may request a refund in accordance with the pricing provisions. However‚ you will then lose your entitlement to carriage.
For a change in the order of the flight coupons‚ we will charge a rescheduling fee per person and route in accordance with the current fee schedule at www.LEAV.com.
6.5 Upgrades
An existing booking can be subsequently changed from the LEAVnaked to the LEAVdressed fare (upgrade) for a fee in accordance with the current fee schedule at www.LEAV.com. Changes can be made via the LEAV Service Center and are subject to availability. The fee for an upgrade is non-reimbursable.
6.6 Change of name / passenger substitutions
It is possible to change the name of a passenger appearing on the ticket or specify a substitute passenger at the LEAV Service Center for a fee in accordance with the current fee schedule at www.LEAV.com at least 72 hours before the flight. In the event that a typo was made when specifying the name during booking‚ this typo can be corrected at the LEAV Service Center free of charge. This also applies to amendments of the first or last name. In addition‚ the airline customer must also pay the price difference in the event of higher airfare for the desired flight as at the time of rescheduling (airfare as at the date of rescheduling).
Subsequent changes of payment details are not possible in connection with a change of name or specification of a substitute passenger. The airline customers involved in a booking are jointly and severally liable.
7 Check-in‚ timely arrival at the airport and boarding
7.1 Check-in
Unless otherwise indicated by LEAV‚ online check-in opens 72 hours before departure and ends four hours prior to the scheduled departure time. After that‚ no check-in is possible. For check-in at the airport‚ we generally charge fees in accordance with the current fee schedule at www.LEAV.com. Unless otherwise indicated by LEAV‚ check-in at the airport opens two hours prior to departure and ends 45 minutes before the scheduled departure time. After that‚ no check-in is possible.
When checking in‚ the passenger must have a valid official photo ID (passport‚ personal ID or equivalent substitute document) and present it upon request. This applies regardless of any other applicable travel regulations‚ including for flights to and from Schengen Area countries. The name on the photo ID must match the name on the ticket. Depending on the destination‚ the passenger may also be obligated to provide additional passenger information on the basis of official requirements. The passenger must ensure that the information submitted is correct and is updated in the event of changes. In addition‚ government entry and exit regulations must also be observed and the identity papers and other documents stipulated under such regulations (e.g. visas and health certificates) must be produced. LEAV has the right to refuse to carry out check-in if all necessary documents are not produced.
Passengers are required to have completed the check-in formalities and be in possession of their boarding pass no later than 45 minutes before the departure time indicated on the ticket (cut-off time).
7.2 Arrival at the airport
The passenger must arrive at the airport early enough before the scheduled departure time to complete all official formalities and security procedures and appear at the gate in due time. If applicable‚ additional time should be budgeted for baggage drop-off. These procedures may vary between different airports and for specific flights. In cases of checked luggage‚ children travelling alone and passengers travelling with animals‚ passengers are required to arrive at the airport at least two hours prior to the scheduled departure. In all other instances‚ passengers should be at the airport at least one and a half hours prior to scheduled departure. Check-in and baggage drop-off at the airport close 45 minutes prior to the scheduled departure. These time limits remain unchanged even in the event of delayed flights unless LEAV notifies the passenger that they have changed.
7.3 Boarding
The passenger must arrive at the gate specified upon check-in or on the airport's departure displays no later than 30 minutes prior to the scheduled departure for boarding. At every airport‚ control and security measures are carried out before passengers are granted entry to the gate area; LEAV has no influence over the duration or content of these procedures. For this reason‚ passengers should go through these security checks as early as possible. The boarding process will close 15 minutes prior to the scheduled departure. In the interest of preventing delays‚ LEAV has the right to refuse carriage to passengers who arrive at the gate after this point. LEAV assumes no liability for any potential losses or expenses incurred as a result.
7.4 Airline customer behaviour and passenger misconduct
If the passenger's conduct during the check-in process‚ during the boarding process‚ or aboard the aircraft involves behaving in a manner such that
• the passenger poses a hazard to the aircraft or to people or items on board‚
• the passenger interferes with the crew members’ ability to perform their duties or does not follow the crew members’ instructions‚ for example‚ instructions regarding the ban on smoking or the consumption of drugs or alcohol‚ or
• the passenger causes discomfort or harm to other passengers‚
LEAV has the right to employ the measures necessary to prevent such behaviour‚ including restraining the passenger‚ and to refuse carriage.
8 Hand luggage and cabin baggage
8.1 Hand luggage
The passenger may bring hand luggage which conforms to the conditions of this GTB/GTC with them in the cabin. In particular‚ LEAV points out the following sections of the list of prohibited items as well as the specific details concerning liquids.
Passengers are permitted to carry one small item of hand luggage with dimensions of up to 40 cm x 30 cm x 25 cm and a weight of up to 5 kilogrammes (e.g.‚ laptop bag‚ purse or briefcase).
Depending on the chosen fare‚ a second piece of hand luggage with dimensions up to 55 cm x 40 cm x 20 cm and a weight of 8 kilogrammes is allowed‚ or one can be added to a reservation for a fee‚ subject to availability. The applicable fees can be found on the website www.LEAV.com.
Each individual item of luggage must comply with these dimensions and weight limits.
Passengers wishing to bring a portable oxygen concentrator or other medical device on board with them must file a request with the LEAV Service Center at least 72 hours prior to the scheduled departure. The passenger may only bring the device subject to confirmation by LEAV. Otherwise‚ the conditions on items prohibited in the cabin under section 9.4 apply.
LEAV has the right to have suitable hand luggage loaded into the cargo hold in cases where capacities or procedures on board make this necessary. If the passenger exceeds the maximum permissible weight/dimensions/number of hand luggage items‚ LEAV may have the excess baggage stowed in the cargo hold. The passenger is then obligated to pay the fees for excess baggage in accordance with section 9.2. Items which are not suitable for transport in the cargo hold (e.g. delicate musical instruments – see section 8.2) are only accepted for carriage in the cabin subject to prior approval from LEAV. In such cases‚ carriage of the special luggage is subject to charge. LEAV is not liable for luggage left behind at the check-in counter or the gate.
Small children under 2 years old are not entitled to hand luggage.
8.2 Cabin baggage (CBBG)
Passengers are allowed to bring special cabin baggage (e.g.‚ musical instruments‚ works of art‚ or urns) meeting the requirements for a second piece of hand luggage under section 8.1 with them on board free of charge 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 condition for bringing cabin baggage on board free of charge is that the fare includes hand luggage with these dimensions.
A request to transport luggage (CBBG) that does not satisfy the maximum requirements specified for hand luggage (dimensions and weight) in the cabin for a fee must be submitted at least 72 hours prior to departure. Please contact the LEAV Service Center to arrange this. Carriage in the cabin will take place only if the airline customer books a seat for the CBBG (separate booking)‚ encloses it in an appropriately secure case and secures it in the seat properly. In the event that the provisions specified above are not complied with‚ LEAV reserves the right to refuse carriage or to carry the CBBG in the cargo hold.
Musical instruments can also be transported in the cargo hold in a container suitable for transport‚ ideally a hard shell case‚ provided a valid ticket has been purchased for them. The LEAV Service Center must be notified of the cabin baggage at least 72 hours prior to departure and the appropriate fee must be paid (www.LEAV.com).
LEAV assumes no liability for transporting items such as musical instruments‚ works of art or urns.
8.3 Items prohibited in the cabin
Passengers may not bring any items on board (in their hand luggage or on their person) which have the potential to endanger the aircraft or the people or property on board. If the passenger would like to transport any such item in their checked luggage‚ they should check the applicable prohibitions (see section 10.1). In accordance with national and international law‚ the following items are prohibited in hand luggage:
8.3.1 Rifles‚ firearms and weapons
Any object that is capable or appears to be capable of firing a projectile or causing injuries‚ including all firearms (pistols‚ revolvers‚ rifles‚ shotguns‚ etc.)‚ replicas and imitations of firearms‚ components of firearms (with the exception of telescopic sights or aiming devices)‚ air pistols‚ rifles and pellet guns‚ flare guns‚ starting pistols‚ toy guns of any kind‚ air weapons‚ bolt pistols and nail guns‚ crossbows‚ catapults‚ harpoons and spear guns‚ cattle-killing captive-bolt pistols‚ stunning devices or electric shock devices‚ e.g.‚ devices for stunning or killing cattle‚ stun batons‚ stun guns‚ tasers‚ electrical impulse devices‚ or cigarette lighters made to imitate firearms‚ is prohibited.
8.3.2 Pointed/sharp weapons and sharp objects
Pointed or sharp objects which could cause injuries‚ including: axes and hatchets‚ arrows and throwing darts‚ cant hooks‚ harpoons and spears‚ ice picks‚ knitting needles‚ ice skates. Scissors and any form or type of knife (with a blade length greater than 6 cm)‚ knives made of metal or any other material (which is strong enough to be usable as a weapon; with a blade length greater than 6 cm). Meat cleavers‚ machetes‚ straight razors and razor blades (with the exception of safety razors or disposable razors with blades in a cartridge)‚ sabres‚ swords‚ rapiers‚ scalpels‚ scissors or shears‚ ski/hiking poles‚ throwing stars‚ tools (in cases where they could be used as pointed or sharp weapons‚ e.g. drills and drill bits‚ carpet and box knives‚ utility knives‚ saws of any kind‚ screwdrivers‚ crowbars‚ pliers‚ spanners‚ blowtorches)‚ martial arts equipment with points or sharp edges.
8.3.3 Blunt instruments
Any blunt instrument which could cause injuries‚ including: tennis rackets‚ baseball and softball bats‚ clubs or cudgels (fixed or bendable – e.g. batons)‚ rubber truncheons and batons‚ cricket bats‚ golf clubs‚ hockey sticks‚ lacrosse sticks‚ kayak and canoe paddles‚ skateboards‚ billiards cues‚ fishing rods‚ martial arts equipment (e.g. brass knuckles‚ clubs‚ batons‚ blackjacks‚ nunchaku‚ kubotans‚ kubasaunts).
8.3.4 Explosives and flammable materials
All explosives or highly flammable substances which pose a hazard to the health of airline customers or crew members or the technical and general safety of the aircraft as well as property‚ including: dynamite‚ gunpowder‚ plastic explosives‚ munitions‚ blasting caps‚ detonators and fuses‚ explosives and explosive devices‚ replicas or imitations of explosives or explosive devices‚ mines and other items of explosive military equipment‚ grenades of any kind‚ gas and gas containers (e.g. butane‚ propane‚ acetylene‚ oxygen in large quantities)‚ firecrackers‚ flares of any kind and other pyrotechnic products (including small fireworks like “party poppers” and toy guns with percussion caps)‚ strike-anywhere matches‚ smoke canisters or smoke capsules‚ flammable liquid fuels (e.g. gasoline‚ diesel‚ lighter fluid‚ alcohol‚ ethanol)‚ paint in aerosol cans‚ turpentine and paint thinner‚ alcoholic beverages with ABV above 70%.
8.3.5 Chemicals and toxic substances
All chemicals or toxic substances which pose a hazard to the health of airline customers or crew members or the technical and general safety of the aircraft as well as property‚ including: acids and bases (e.g. batteries which could leak)‚ caustic or bleaching substances (e.g. mercury‚ chlorine)‚ self-defence or stunning sprays or gases (e.g. mace‚ pepper spray‚ tear gas‚ irritant gas‚ capsicum sprays‚ acid sprays‚ animal repellent sprays)‚ radioactive material (e.g. radioactive isotopes for medical or commercial use)‚ poisons‚ infectious or biologically hazardous material (e.g. infected blood‚ bacteria and viruses)‚ spontaneously combustible or flammable material‚ fire extinguishers.
8.3.6 Items with lithium batteries
Items of luggage with built-in lithium batteries which are recognisably removable and have capacities of more than 2.7 Wh are prohibited in the cabin. Portable electronic devices which contain lithium-ion or lithium metal cells or batteries and are brought for personal use are also prohibited in the cabin if they have a lithium metal content of more than 2 g or a nominal energy capacity in watt-hours of more than 100 Wh.
Battery-operated means of transportation such as:
• E-bikes‚ e-rollers
• Pocket bikes‚ electric vehicles for children
• Hoverboards‚ balance boards
With the exception of mobility aids‚ the above items are absolutely prohibited from being transported.
8.4 Liquids in hand luggage
LEAV points out that in accordance with EU regulations‚ only liquids‚ pressurised containers (e.g. sprays)‚ pastes‚ lotions and other gel-type substances with an indicated full quantity up to a maximum of 100 ml / 100 g per packaging unit are permitted to be carried in hand luggage or on the passenger's person for all flights which begin in the EU. The actual fill level is irrelevant. The individual containers must fit entirely inside a resealable transparent plastic bag with a maximum capacity of one litre and will be checked at the airport security checkpoint. Only one bag is allowed per passenger. Special provisions apply for medications and baby food. Various non-EU countries have enacted equivalent or similar regulations.
8.5 Child car seats on board
In accordance with European regulations‚ small children (under 2 years old) must be secured either with a loop belt or with child seats (e.g. EU-OPS 1.320 and EU-OPS 1.730). LEAV particularly recommends the use of an approved child seat for small children (under 2 years old) during the flight. The passenger can request a list of approved child seats from sources such as TÜV Rheinland. When using a child car seat‚ the airline customer must make a full-fare booking for the child. The use of the child seat on board must be reported to the LEAV Service Center at least 72 hours prior to the scheduled departure. Unreported child seats will not be assigned their own seat without prior booking‚ and LEAV may refuse carriage in the cabin. The same applies in cases of non-approved child seats. In such cases‚ small children (under 2 years old) will be secured with a loop belt / by “lap holding” in the adult's lap.
9 Checked luggage
9.1 Checked luggage and fees
The passenger has the option of checking in luggage that conforms to the requirements of this GTB/GTC for carriage. LEAV points out the items prohibited for carriage in checked luggage listed in section 9.4. The name of the passenger or another identifying mark must be affixed to every item of checked luggage. LEAV is authorised to surrender the checked luggage to the holder of the luggage receipt‚ if issued‚ matching the luggage identification markings of the checked luggage without further review of entitlement‚ This rule does not apply if LEAV is aware of circumstances sufficient to warrant concerns about the holder’s entitlement.
Checked luggage will be carried on the same aircraft as the passenger whenever possible‚ except in the event that LEAV decides to carry the luggage on an alternative flight for reasons of flight safety‚ protection or business considerations.
The applicable quantity of free luggage and the fees for transporting the first piece of luggage belonging to a passenger by LEAV are based on the fare category booked and whether the booking is made online or at the LEAV Service Center or at the airport. The current fee schedule is available on the website www.LEAV.com.
The passenger may check a second item of luggage weighing up to 20 kilogrammes and complying with the conditions of these GTB/GTC for carriage. The fee for transporting a second piece of luggage by LEAV is based on the fare category booked‚ as indicated at www.LEAV.com and whether the booking is made online or at the LEAV Service Center or at the airport.
Booking of additional checked luggage must be carried out online or at the LEAV Service Center at least 4 hours prior to departure.
9.2 Excess baggage
Transportation of luggage with a weight exceeding the quantity of free luggage allowed under the fare category booked is subject to a fee per item and per kilogramme of additional weight. The fees are based on the current fare schedule and excess baggage fees found on the website www.LEAV.com. Items of luggage weighing more than 32 kilograms are not permitted‚ and LEAV has the right to refuse acceptance of such items for carriage.
The airline customer is not required to report excess baggage in advance. The fee is paid by the airline customer at the airport (possible only via credit card).
9.3 Carriage of athletic and special luggage
Carriage of athletic and special luggage is possible only subject to approval by LEAV and must be requested by the airline customer at least 72 hours prior to the scheduled departure at www.LEAV.com or at the LEAV Service Center.
“Athletic luggage” includes the following items‚ among others:
• Skis/snowboard (max. 1 pair/item per passenger including accessories like poles and ski/snowboard boots)
• golf bags
• bicycles except for “e-bikes” or “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. Any athletic luggage must be checked separately from ordinary checked luggage. Otherwise‚ the airline customer will be charged for the combined luggage in accordance with the currently applicable excess baggage fees. The athletic luggage may not contain any items other than those directly related to the relevant sport; in particular‚ it may not contain any clothing. LEAV reserves the right to conduct random checks of athletic and special luggage and‚ when applicable‚ to refuse transport in the event of failure to comply with these provisions.
Furthermore‚ LEAV also has the right to refuse to transport athletic and special equipment which is unregistered or which exceeds the maximum specifications.
The fee for the carriage of athletic and special luggage by LEAV is based on the place of payment is made and can be found on the website www.LEAV.com.
Unique items of special cabin baggage (CBBG)‚ for example musical instruments‚ works of art‚ or urns as defined under section 8.2 can be booked only through the LEAV Service Center.
Registration is not required for prams‚ buggies‚ child travel cots and child car seats in cases where these will not be used on board.
9.4 Prohibited items
In accordance with Article 20 of the Montreal Convention‚ LEAV is not liable for the loss or damage of items which are unlawfully packed in checked luggage contrary to the provisions of this GTB/GTC. This also applies for any consequential or indirect damage which may result from the transportation of such items in checked luggage.
Under national and international law‚ the following items are prohibited in checked luggage:
Explosive devices (including detonators‚ blasting caps‚ fuses‚ grenades‚ mines and explosive materials including plastic explosives)‚ the gases propane and butane‚ flammable liquids (including gasoline and methanol)‚ flammable solids and reactive substances (including magnesium‚ fire starters‚ firecrackers and other pyrotechnic products‚ flares)‚ lighters‚ electronic cigarettes‚ oxidising agents and organic peroxides (including bleaching agents and car body repair kits)‚ toxic or infectious substances (including rat poison and infected blood)‚ radioactive material (including commercial or medical isotopes)‚ corrosive substances (including mercury and car batteries)‚ components of vehicle fuel systems (that have contained fuel)‚ firearms and explosives‚ handguns‚ automatic weapons‚ munitions including blank rounds‚ mines‚ grenades or other military explosives‚ pistol attachments‚ fireworks‚ signal flares‚ smoke canisters‚ smoke capsules‚ dynamite‚ gunpowder and firecrackers.
Furthermore‚ the passenger may not check baggage containing items which are prohibited for transport under the statutory provisions or official directives of any country which will be flown into or over.
In addition‚ LEAV has the right to refuse to transport oxygen for personal use‚ stretchers‚ bassinets‚ or engines. Furthermore‚ LEAV may refuse to transport items which are considered unsuitable for carriage in consideration of aircraft type because they are particularly hazardous‚ insecure‚ fragile or perishable or could adversely affect the well-being of other passengers to an unacceptable extent.
In the interest of preventing liability cases‚ the passenger is not entitled to pack cash‚ jewellery‚ precious metals‚ works of art‚ computers or other electronic devices (e.g. televisions)‚ negotiable instruments‚ securities or other items of value‚ fragile items‚ visual aids or perishable items or keys‚ medications‚ confidential business documents‚ samples‚ passports‚ access cards or identification documents in their checked luggage.
In cases of items of luggage which are equipped with a lithium battery (such as those which are common in laptops and cameras)‚ the lithium battery should be removed from the device in advance and carried in the passenger's hand luggage if possible. This provision does not apply to lithium button cells. This provision additionally applies to wheelchairs with wet batteries that are not sealed or leak-proof.
LEAV does not transport cadavers or parts of cadavers.
10 Refusal of carriage for an airline customer or luggage (right to refuse carriage)
10.1 Refusal or cancellation of carriage
LEAV may refuse or prematurely cancel the carriage or onward carriage of a passenger or their luggage in cases where one or more of the following apply:
• Carriage would violate the applicable law‚ regulations or official decrees of the country of departure or arrival or of countries which are flown over.
• Carriage would endanger the safety‚ order or health of the other passengers or crew members or would cause unacceptable stress for the same.
• The status of the passenger's mental or physical health‚ including impairment related to alcohol‚ drugs or allergies‚ poses a hazard or risk to the passenger himself/herself‚ other passengers‚ crew members or property.
• The passenger has exhibited rule-breaking conduct to a non-trivial extent on a previous flight and there is reason to assume that such behaviour could be repeated.
• The passenger refuses to undergo the security check in regard to their person or their luggage.
• The applicable total airfare (including for previous flights) has not been paid.
• The passenger is not in the possession of valid or complete travel documents‚ the passenger wishes to enter a country which they are only entitled to transit through or for which they do not hold valid or complete entry documents‚ the travel documents have been destroyed during the flight‚ or the passenger has refused to hand over their travel documents to crew personnel against receipt when requested.
• The passenger presents documents that are unlawful‚ have been reported as lost or stolen‚ are forged or are the object of payment fraud.
• The passenger cannot prove that they are the person specified on the ticket by producing a photo ID (passport‚ personal ID or substitute documents).
• The passenger fails to comply with flight safety instructions.
10.2 Provisions on the carriage of luggage
The carriage of luggage is subject to the provisions of this GTB/GTC. For reasons of flight safety and protection‚ LEAV may request that the passenger in question allow themselves to be searched and checked and allow their luggage to be searched‚ checked and x-rayed. If the passenger is unreachable‚ their luggage may be searched in their absence in order to determine whether it contains any prohibited items‚ particularly weapons and/or munitions. If the luggage contains any of the specified items and these items are discovered in checked luggage by a security check‚ the items must be removed from the luggage. LEAV assumes no liability for removed items. LEAV can be held liable for any damage to the item of luggage and its contents potentially resulting from the opening of the luggage and the removal of prohibited items only if this took place in breach of an obligation.
11 Carriage of animals
11.1 Carriage of dogs and cats
Carriage of dogs and cats is permitted only for a fee and subject to prior approval from LEAV. As a general rule‚ LEAV does not transport any animals on flights with the United Kingdom‚ Ireland or the United Arab Emirates as their destination.
Dogs and cats are generally required to be at least 4 months old in order to be transported into the EU‚ or at least 7 months in cases of unlisted third countries. Carriage may cause considerable stress to animals‚ and LEAV recommends that the passengers in question consult a veterinarian in advance. Every animal must be furnished with valid health and vaccination certificates‚ entry permits and other entry or transit papers required by the relevant countries. The passenger is responsible for the import and export formalities for the animal. LEAV does not check the information submitted by the airline customer or the documents presented for correctness or completeness. Certain dog breeds are not eligible for transport due to their categorisation as fighting dogs (category 1 listed dogs). This also applies for mixed-breed dogs. In case of doubt‚ the LEAV Service Center should be contacted.
In the event of non-compliance with the conditions specified here‚ LEAV has the right to refuse to transport the animal. LEAV cannot be held responsible for any losses or indirect losses potentially resulting from this refusal. LEAV reserves the right to determine the manner of carriage and to limit the permissible number of animals on a flight.
The fee for the carriage of dogs and cats by LEAV is based on the place of payment and can be found on the website www.LEAV.com. Reservations must be made online or at the LEAV Service Center at least 72 hours prior to the scheduled departure.
Maximum size: 25.5 x 40 x 40 cm. Maximum weight: 8 kg. The animal must be properly housed inside a waterproof‚ bite-proof and fully closed transport bag (no hard-shell carriers) designated for this purpose. LEAV does not provide transport bags. Removal of the animal from the transport bag is not permitted at any point during the flight. The transport bag must be stowed under the seat in front of the passenger during take-off and landing and must be appropriately secured during the rest of the time on board. Only one animal is permitted per bag and per passenger. Otherwise‚ the animals will not be accepted for carriage.
Transportation of animals in the cargo hold is strictly prohibited.
11.2 Companion dogs
Companion dogs (guide dogs‚ therapy dogs and comparable assistance dogs) as well as their shipping cages and pet food are carried at no additional cost and outside the free luggage limit. This waiver of fees and carriage in the cabin are subject to the requirement that evidence of medical necessity for the passenger is presented. If companion dogs transported in the cabin are travelling in their transport container‚ they must fit inside the foot space for the seat.
The LEAV Service Center must be notified of any companion dogs no less than 72 hours before departure or immediately in cases of bookings on shorter notice. LEAV recommends that passengers with companion dogs arrive at the airport at least two hours prior to departure.
12 Carriage of children‚ children travelling alone‚ pregnant individuals and passengers requiring special assistance
12.1 Carriage of children and small children (under 2 years old)
Tickets for children aged between 2 and 12 years old (with the age as of the beginning of the final flight indicated on the ticket being decisive) can be booked online at a fare of 80% of the current airfare for an adult passenger as at the date of booking plus airport fees and air traffic tax.
LEAV transports children below the age of 12 only when accompanied by an adult chaperone or by a sibling who is at least 16 years old. If the child is only accompanied by one parent‚ at the request of LEAV‚ the chaperone must present a written declaration signed by all parents/guardians jointly entitled to custody in their own hand which indicates that the parents/guardians have given their consent to the flight under the supervision of the chaperone. The above notwithstanding‚ under the national legal provisions of various countries‚ entry or exit by children and adolescents under the age of 18 may be subject to the presentation of evidence that authorisation has been granted by all parents/guardians entitled to custody.
A maximum of one small child under the age of 2 per adult passenger may be transported on the lap of the passenger with an additional loop belt without the provision of a seat. An adult passenger may transport a second small child (under 2 years old) in the seat next to the passenger with a LEAV-accredited restraint system (see section 8.5) only if requested from the LEAV Service Center and only if a seat is booked at the regular airfare for the second small child (under 2 years old).
A small child (under 2 years old) must be booked and charged as a full-fare child for both the outbound flight and the return flight in the event that the small child will reach the age of 2 before the return flight.
12.2 Children travelling alone (LEAVmini)
Children of ages from 5 up to and including 11 years old may travel unaccompanied (unaccompanied minors / UM) for a fee‚ subject to prior registration with LEAV. Registration with the LEAV Service Center must be carried out at least 72 hours prior to the scheduled departure. The currently applicable fee does not depend on the fare category booked and can be found on the website www.LEAV.com. The fee does not include a seat reservation. Adolescents up to 16 years old will be treated as children travelling alone at the express request of the parents/guardians.
A valid photo ID (e.g. passport) as well as a declaration of consent signed by all parents/guardians in their own hand and any further documentation necessary must be presented at the airport for the child travelling alone. The entitlement of the parents/guardians to custody of the child must be substantiated with suitable documentation. The parents/guardians must confirm in the declaration of consent that LEAV has the right to observe all rights and obligations associated with parental custody in regard to the child travelling alone during the flight‚ particularly caring for‚ supervising and representing the child and determining their accommodations. At the same time‚ the person into whose care the child travelling alone should be handed over at the destination airport must be specified (name‚ address‚ telephone number).
For safety reasons‚ the chaperone of the child travelling alone must identify themselves with a valid photo ID 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 travelling alone to the departure gate. In every case‚ the chaperone must remain at the airport until the actual departure of the aircraft.
If the child travelling alone cannot be handed over into the care of the person authorised to collect them at the destination airport as intended‚ particularly in cases where that person does not appear at the destination airport‚ does not arrive at the destination in due time or cannot identify themselves with a photo ID to the satisfaction of LEAV‚ LEAV has the right to adopt all measures necessary for the good of the child. This includes the right to transport the child back to the airport of departure in order to hand them over into the care of the parents/guardians. The parents/guardians are obligated to compensate LEAV for the resulting additional costs and expenses unless these are attributable to an objectionable breach of obligations by LEAV.
12.3 Pregnant individuals
Pregnant passengers must present a medical certificate (pregnancy record) indicating the phase of pregnancy to LEAV. For safety reasons‚ LEAV refuses carriage from the 36th week of pregnancy onwards.
12.4 Special assistance (particularly passengers with limited mobility)
To ensure optimal preparation‚ passengers with special needs (passengers with disabilities‚ limited mobility or illnesses or other passengers requiring special assistance) should inform the LEAV Service Center of the need for assistance upon booking‚ but no later than 72 hours prior to the scheduled departure.
For each passenger with special needs‚ a collapsible wheelchair or up to two other mobility aids and a seating aid will be carried by LEAV free of charge in addition to the allowed free luggage unless excluded in the following. Carriage of wheelchairs or other mobility aids with wet batteries or batteries that are not sealed or leak-proof is excluded. In cases of battery-operated wheelchairs or other battery-operated mobility aids with leak-proof dry or gel batteries‚ the battery may not be connected and ready for operation and the battery poles must be secured against short circuits and isolated. In addition‚ the battery must be securely fastened to the wheelchair or mobility aid and‚ in cases of lithium-ion batteries‚ may not exceed a nominal capacity of 300 Wh.
13 Liability and time limit for filing suit
13.1 General
LEAV is liable in accordance with the applicable statutory provisions and additionally in accordance with the conditions of this GTB/GTC. In no case will the liability of LEAV exceed the amount of the substantiated damage.
We point out that carriage is subject to the Montreal Convention on the liability of airlines and Council Regulation (EC) No. 2027/97 as amended by Regulation (EC) 889/2002 on air carrier liability in the event of accidents in their respective relevant versions applicable at the time the claim arises. The aforementioned regulations are not limited by this GTB/GTC. LEAV is liable for indirect or consequential damages only in cases where these were caused by gross negligence or wilful intent on the part of LEAV. This does not apply in cases of indirect or consequential damages resulting from injury to the life‚ limb or health of an individual stemming from a negligent breach of obligations by LEAV.
The regulations specified above employ special drawing rights (SDRs) as defined by the International Monetary Fund to determine monetary amounts. In the event of judicial proceedings‚ these amounts are converted into national currencies in accordance with the value of these currencies in special drawing rights at the time of the decision.
13.2 Personal injuries
Personal injury occurs when a passenger is killed‚ physically injured or otherwise harmed in regard to their health while aboard‚ entering or exiting a LEAV aircraft. In this case‚ we point out that our liability is subject to Regulation (EC) 2027/97 as amended by EC 889/02 on the liability of airlines in the event of accidents (the “Regulation”) of the European Parliament and of the Council of 13 May 2002 and‚ in cases of international carriage as defined under the Montreal Convention‚ to the provisions of the Montreal Convention and these conditions of carriage in their respective relevant versions applicable at the time the claim arises. In cases of personal injury involving claims for amounts of at least SDR 128‚821 per passenger‚ LEAV is not liable if LEAV can demonstrate that the person filing the claim for compensation or their legal predecessor caused or contributed to the injury by means of unlawful activity or failure to act‚ even if only in the form of negligence. If a person other than the passenger demands compensation for damages due to the passenger's death or bodily injury‚ LEAV is fully or partially released from liability insofar as LEAV can demonstrate that unlawful activity or failure to act on the part of the passenger caused or contributed to the injury‚ even if only in the form of negligence. Furthermore‚ LEAV is not liable in cases of personal injury involving claims for amounts of up to SDR 128‚821 per passenger if LEAV can demonstrate that the injury is not attributable to unlawful and culpable activity or failure to act on the part of LEAV (or its vicarious agents) or is exclusively attributable to unlawful and culpable activity or failure to act on the part of a third party. In the event of personal injury‚ LEAV will make an advance payment to cover the immediate economic needs of the beneficiary of the claim in accordance with the severity of the case within 15 days after identification of the natural person entitled to compensation. In the event of death‚ this advance payment will amount to at least SDR 18‚096. The advance payment does not constitute an acknowledgement of liability and may be counted towards any potential amounts to be paid later. The advance payment does not need to be repaid except in cases where the passenger shares liability or cases where it is subsequently demonstrated that the individuals who received the advance payment caused or contributed to the injury through negligence or are otherwise ineligible for compensation.
13.3 Damage to luggage
Our liability for damages resulting from the destruction‚ damage or loss of luggage and the personal items of airline customers is subject to Council Regulation (EC) No. 2027/97 of 9 October 1997 on the air carrier liability in the context of the carriage of airline customers and their luggage during air travel as amended by Regulation (EC) No. 889/2002 of the European Parliament and of the Council of 13 May 2002 and‚ in cases of international carriage as defined under the Montreal Convention‚ to the provisions of the Montreal Convention and these conditions of carriage in their respective relevant applicable versions. In addition‚ we refer to §47 ff LuftVG.
The passenger must immediately notify LEAV of any damage‚ loss – including partial loss – or destruction of travel luggage. Scratches‚ minor dents and abrasions do not constitute damage to checked luggage; rather‚ these constitute regular wear marks in line with intended use. The passenger must ensure that their travel luggage is suitable for the stresses of carriage in the context of air travel‚ and particularly that it offers adequate protection against penetration of moisture. Acceptance of the luggage by the passenger without complaint is deemed sufficient evidence that the luggage has been delivered in good condition and in conformity with the carriage agreement‚ unless the passenger can provide evidence to the contrary.
If the passenger's checked luggage is destroyed‚ damaged or lost while on board an aircraft or otherwise in the care of LEAV‚ LEAV is not liable for the damage if LEAV can demonstrate that the damage is not attributable to unlawful and culpable activity or failure to act on the part of LEAV (or its vicarious agents) or is exclusively attributable to unlawful and culpable activity or failure to act on the part of a third party.
In other cases‚ particularly cases of damage to non-checked luggage and the personal items of airline customers‚ LEAV is liable only if the damage stems from a fault attributable to LEAV (or its vicarious agents). In every case‚ LEAV reserves the right to furnish evidence that the conduct of the injured party fully or partially caused or contributed to the damage. This would serve to release LEAV from liability.
In addition‚ LEAV is also not liable if and insofar as the damage
• is attributable to individual characteristics or inherent defects of the luggage‚
• stems from the loss or damage of items which‚ pursuant to this GTB/GTC‚ are not permitted to be packed in checked luggage (section 9.4) or hand luggage (section 8.3)‚ except in cases where LEAV has given express permission to carry the items in question as an exception‚ or
• was caused by items inside the passenger’s luggage. In the event that these items cause damage to the luggage of another passenger or to the property of LEAV‚ the passenger must pay compensation for all resulting damages and expenses.
This exclusion of liability does not apply if the damage was caused by gross negligence or wilful intent on the part of LEAV (or its vicarious agents).
In addition‚ the liability of LEAV is limited to an amount in EUR corresponding to SDR 1‚288 per passenger in cases of carriage exclusively within the Federal Republic of Germany and international carriage falling within the area of application of the Montreal Convention‚ and otherwise
• to an amount of EUR 27.35 per kilogram for checked luggage and
• an amount of EUR 547.08 per passenger for non-checked luggage.
These limitations of liability do not apply in cases where the passenger demonstrates that the damage was caused by activity or failure to act on the part of LEAV (or its vicarious agents)‚ either with the intention of causing damage or carelessly while aware of the fact that damage was likely to occur‚ or in cases where the passenger has made a special declaration of interest in delivery at the destination when handing over checked luggage‚ specified the relevant amount and paid the surcharge requested by LEAV for this purpose; in this case‚ LEAV is liable up to the specified amount unless LEAV can furnish evidence that the passenger’s financial interest was actually lower than the amount indicated.
13.4 Damages resulting from delays
We point out that carriage is subject to the Montreal Convention on the liability of airlines (the “Montreal Convention”) and Council Regulation (EC) No. 2027/97 as amended by Regulation (EC) 889/2002 on the air carrier liability in the event of accidents in their respective relevant versions applicable at the time the claim arises. LEAV is not liable for damages resulting from delays in cases where LEAV can furnish evidence that LEAV (and its vicarious agents) have taken all reasonable measures to prevent such damage or that the adoption of such measures was impossible. In cases of damage resulting from delayed carriage by air‚ the liability of LEAV is limited to a maximum amount of SDR 5‚346 per passenger‚ or in the event that only the luggage is affected by the delay‚
• to an amount of EUR 27.35 per kilogram for checked luggage and
• an amount of EUR 547.08 per passenger for non-checked luggage.
These provisions apply accordingly in the event that LEAV is required to pay compensation for damages due to the non-carriage of travellers or luggage or due to the cancellation of a flight. In the event that compensation payments pursuant to Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 have been granted in such cases‚ these payments will be counted towards any claims for compensation of damages.
13.5 Time limits
The passenger must notify LEAV of damage to their luggage immediately after becoming aware of it‚ but within seven days after acceptance of the luggage at latest. In the event of delays for checked luggage‚ LEAV must be notified in writing of any claims within 21 days from the date on which the luggage is returned to the passenger at latest. The notification periods specified above also apply in cases where the passenger files suit. The filing of any damage claims at the airport does not replace the requirement to notify LEAV in due time.
Suits for any manner of compensation for damages may be filed only within a limitation period of 2 years. This does not apply for claims pursuant to the Regulation (EC) 261/2004. This period begins from the date on which the aircraft arrived or should have arrived at the destination or the date on which the carriage in question was cancelled.
13.6 Limitation period for filing suit
Judicial lawsuits for compensation of damages must be filed within 2 years starting from the aircraft’s date of arrival or the date on which the aircraft should have arrived. These provisions are based on the Montreal Convention of 28 May 1999‚ which was implemented in the European Community by Regulation (EC) 2027/97 as amended by Regulation (EC) 889/2002 and in the Member States through national legislation.
14 Flight schedules‚ delays‚ cancelled/rescheduled flights and passenger rights
14.1 Changes to departure times
The passenger is entitled to statutory rights‚ particularly under EU Regulation (EC) 261/2004‚ in the event that LEAV changes the scheduled time of departure. In the event that LEAV makes a significant change to the flight schedule after the ticket has been purchased which is not acceptable for the passenger and LEAV does not change the passenger’s booking to an acceptable flight‚ the passenger is entitled to a refund of the total airfare.
14.2 Changes of aircraft or transfers to third parties
LEAV has the right to change the aircraft and to fully or partially transfer carriage to third parties / vicarious agents‚ in which case LEAV remains responsible for the booked carriage.
In the event of a change to another airline‚ LEAV will immediately initiate all steps necessary to ensure that the airline customer is notified of the changes as rapidly as possible regardless of the reason for the change. In any event‚ the airline customer will be briefed on Regulation (EC) 2111/2005 at check-in or‚ at the latest‚ upon boarding.
14.3 Change/cancellation of the flight
In cases of non-carriage due to overbooking‚ cancellation of a flight or a
delay‚ the passenger is likewise potentially entitled to compensation‚ support payments or refunds‚ if applicable‚ pursuant to Regulation (EC) 261/2004. The passenger will receive written information on this at the check-in counter or the departure gate. This information is required‚ but cannot serve as the basis for claims for compensation or be employed for the interpretation of the liability provisions of the Montreal Convention.
15 Electronic devices‚ seatbelt requirement‚ non-smoking flights‚ alcoholic beverages‚ allergies‚ travel documents‚ violation of entry regulations and their legal consequences
15.1 Electronic devices
The passenger may not operate any electronic devices on board (e.g. mobile phones‚ laptops‚ CD players‚ video game consoles‚ devices with radio transmission functions or walkie-talkies) without approval from LEAV. An exception applies in cases of hearing aids and cardiac pacemakers. The instructions of the crew must be followed.
15.2 Seatbelt requirement
The passenger is obligated to keep their seatbelt fastened when seated for the full duration of the flight. The passenger must follow the instructions of the crew and the fasten-seatbelts signs.
15.3 Non-smoking flights
Smoking is prohibited in all areas of the aircraft and for the entire duration of the passenger’s time aboard. This also applies to the smoking (vaping) of electronic cigarettes (e-cigarettes). Violations of this ban on smoking will be detected immediately and may result in an interruption of the flight. LEAV has the right to file a claim for compensation of damages against passengers who cause such incidents.
15.4 Alcoholic beverages
Passengers are prohibited from consuming alcoholic beverages they brought on board themselves for the entire duration of their time aboard.
15.5 Allergies
LEAV cannot guarantee that passengers will not be exposed to allergens on board (e.g. those potentially brought on board by other passengers).
15.6 Travel documents
The passenger has an obligation and individual responsibility to procure the entry and exit documents and visas necessary for the trip and to follow the rules of all countries to be flown into or out of; the same applies for any regulations or directives in this regard. LEAV is not liable for any consequences incurred by the passenger due to the passenger's failure to procure the necessary papers or comply with the relevant rules or directives. The passenger must produce the entry and exit papers‚ health certificates and other documents required by the relevant countries on request before the flight and allow LEAV to make the necessary copies of these documents.
LEAV has the right to refuse carriage to a passenger if the passenger
does not comply with the applicable rules or if their documents are incomplete.
16 Data protection
The airline customer acknowledges that they have provided LEAV with the personal information of the passengers in their booking for the following purposes: booking flights‚ acquiring additional services if applicable‚ conducting entry formalities and transmitting such data to the responsible authorities in connection with carrying out the flight in question. To contain a pandemic when government agencies‚ for example‚ health authorities‚ issue a compulsory request for this data and need to receive it (for instance‚ to comply with entry restrictions during an outbreak).
LEAV has the right to share this data with its own offices‚ authorised agents‚ domestic and foreign authorities‚ other airlines and other providers of the aforementioned services to the legally permissible extent for the fulfilment of the purposes specified above‚ provided this is necessary for carrying out the flight. In the context of customer support‚ LEAV employs the assistance of external service providers and their employees who work with us on the basis of separate agreements and are subject to strict data protection provisions.
Airline customers can find additional detailed information on the subject of data protection in our privacy policy.
17 Insurance
Insurance coverage‚ particularly insurance for the costs of cancellation
by the airline customer‚ is not included in the airfare.
18 Consecutive air freight forwarders
18.1 Process
An instance of air carriage which is carried out by multiple consecutive air freight forwarders under a single ticket or a connection ticket counts as a single process in the sense employed for application of the Montreal Convention to carriage.
18.2 Liability of the air freight forwarder
If the air freight forwarder issued the ticket or is the first air freight forwarder listed on the ticket or the first air freight forwarder listed on the connection ticket in cases of carriage by multiple consecutive air freight forwarders‚ it is not liable for the parts of the trip carried out by the other air freight forwarder(s) except in accordance with the provisions of the following paragraph 3.
18.3 Filing suit against air freight forwarders
In cases of the destruction‚ loss‚ delay or damage of their checked luggage‚ the passenger or their beneficiary has the right to file suit against the freight forwarder who carried out the carriage during which the destruction‚ loss‚ delay or damage occurred. Furthermore‚ the passenger may also file suit against the first and last air freight forwarders.
19 Applicable law‚ legal venue and dispute resolution
19.1 Applicable law
Carriage agreements with LEAV and this GTB/GTC are subject to German law.
19.2 Legal venue
The legal venue for suits filed by airline customers who are merchants as defined under the Handelsgesetzbuch (HGB – German Commercial Code)‚ individuals who have no general legal venue in Germany‚ and individuals who have relocated their domicile or usual place of residence abroad after conclusion of the agreement or whose domicile or usual place of residence is unknown at the time a suit is filed is Cologne‚ Germany. This agreement on legal venue does not apply for claims pursuant to the Montreal Convention or EU Regulation (EC) 261/2004.
19.3 Supervisory authority
Luftfahrt-Bundesamt (LBA – German Federal Aviation Office)
Hermann-Blenk-Strasse 26
38108 Braunschweig
19.4 Dispute resolution
LEAV participates in dispute resolution procedures before a consumer arbitration board. In the event of disputes in connection with a private trip‚ the passenger has the right to appeal to the neutral Schlichtungsstelle für den öffentlichen Personenverkehr e.V. (söp – Arbitration Board for Public Transportation e.V.)‚ which handles disputes for all forms of transport. The responsible 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
Last updated: 8 May 2023
