General Terms & Conditions of Carriage (CofC)
General Terms & Conditions of Carriage (CofC) General Terms & Conditions of Carriage (CofC) Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Definitions ...............................................................................................................2 Applicability .............................................................................................................3 Tickets.....................................................................................................................3 Airfares, Taxes, Fees and Other Charges...............................................................4 Reservation .............................................................................................................6 Check-In and Boarding ...........................................................................................7 Denial and Limitation of Carriage ............................................................................8 Baggage................................................................................................................10 Flight Schedules, Delays, Cancellation of Flights .................................................14 Rules for Refunds................................................................................................15 Behavior On Board the Aircraft ...........................................................................16 Arranging for Additional Services ........................................................................17 Administrative Formalities ...................................................................................17 Successive Carriers ............................................................................................18 Liability for Damages ...........................................................................................18 Other Provisions ..................................................................................................21 Schedule of Fees ................................................................................................21 Terms for Vouchers .............................................................................................23 Place of Jurisdiction and Applicable Law ............................................................23 Version of 01 February 2014 Page 1 of 23 General Terms & Conditions of Carriage (CofC) 1. Definitions Where it is obvious that no other meaning can be derived from the immediate context, the terms used in these General Conditions of Carriage shall have the following meanings: 1.1. “We”, “our” and “us” refer to InterSky Luftfahrt GmbH 1.2. “You”, “your” stands for that person who has concluded a Contract of Carriage with us, as well as every person who, according to the ticket, is being or will be transported aboard an InterSky flight, with the exception of InterSky crew members in active service. 1.3. “Airline Code” stands for the two/three characters that identify a particular air carrier. Our airline code is “3L“ 1.4. “Reservation Number” denotes the number provided to you by us or on our behalf to identify your flight reservation as confirmed by us. 1.5. “Flight Confirmation” denotes a notification provided to you by us or on our behalf, communicated by fax, email or other means. This contains the reservation number, passenger name(s), flight data, and other annotations and information. 1.6. “Ticket”, “Electronic Ticket” We only issue electronic tickets. This constitutes the flight confirmation, electronic coupons and – where applicable – boarding pass. 1.7. “SDR” or “Special Drawing Rights” are those Special Drawing Rights set by the International Monetary Fund. As of mid-May 2008 this amounts to approximately € 1.04. 1.8. “Airfare” Airfare refers to those costs charged to the passenger by InterSky for transport from point-of-departure A to point-of-arrival B. 1.9. “Applicable Charges” Applicable charges are those charges collected from the passenger through InterSky. These consist, for example, of the InterSky Security Charge (YQ) or the InterSky Fuel Surcharge (FL). 1.10 “Taxes, Fees and Other Charges” Taxes, fees and other charges comprise, among other things, terminal fees, as well as for example security charges, and are charged on a per passenger basis. 1.11 “APD” or “Air Passenger Duty” The Air Passenger Duty / Departure Tax is a flight tax levied by public authorities in both Austria and Germany. This charge is collected by InterSky on behalf of the respective state authorities and forwarded directly to them. Page 2 of 23 General Terms & Conditions of Carriage (CofC) 2. Applicability 2.1. These Conditions of Carriage apply only to those flights and flight-segments in which our name or our airline code appears on the ticket. 2.2. Charter Flights For flights performed on the basis of a chartering agreement, these Conditions of Carriage shall apply only to such extent as they are explicitly referenced in the chartering agreement or ticket. 2.3. Conflicting Law Should these General Conditions of Carriage stand in contradiction to our tariffs or to applicable law, the latter (i.e. tariffs or applicable law) shall be definitive. Should any provision of these General Conditions of Carriage be invalid under the respective applicable law, the remaining provisions shall remain unaffected thereby. 2.4. Exclusion of Amendments and Waiver Our agents, employees and proxies are not authorized to alter or amend these General Conditions of Carriage, fares or tariff provisions or to waive their application in their entirety. 3. Tickets 3.1. General Provisions 3.1.1 Upon confirmation of your reservation by us or our authorized agents, a contract of carriage is thereby formed, the substance of which is based on the ticket issued and these General Conditions of Carriage, including tariffs. 3.1.2 We agree to transport only the passenger specifically named on the ticket. The right to transport / a ticket is not transferable. You must be able to present at any time the documents required to prove your identity. We issue only electronic tickets. You have a right to carriage only when you can provide identification by means of an official photo ID (personal identity card, passport) and possess a valid electronic ticket issued in your own name. Page 3 of 23 General Terms & Conditions of Carriage (CofC) 3.1.3 A right of withdrawal or to termination of the Contract of Carriage as well as a claim to full or partial fare refund arising therefrom exists only when such is explicitly provided for in the CofC or in the tariff (currently applies only to Eco Flex Tickets). This does not apply to special tariff tickets (Eco Simple and Eco Classic Tickets). It is recommended that you obtain insurance coverage for the event you must cancel your travel plans. 3.2. Period of Validity 3.2.1 Except as otherwise provided, a regular tariff ticket (Eco Flex only) remains valid for travel up to a year after the date of issue. All other tickets are valid for travel or refund only for the period indicated on the ticket. The date of issue for electronic tickets is always identical with the date of the original reservation. 3.2.2 Notwithstanding the foregoing provisions, a ticket becomes invalid upon completion of the flights listed thereon, if those flights were not rebooked beforehand in accordance with the provisions of Article 3.2. 3.3. Airline Name and Address Our name may be abbreviated in the ticket using the airline code or by other means. Our address can be found on the flight confirmation, our internet homepage or the itinerary/receipt. 4. Airfares, Taxes, Fees and Other Charges 4.1. Airfares Airfares apply only for transport from the actual place of departure to the place of destination, where not otherwise provided. Not included in the fare are ground transportation services between airports as well as between airports and city terminals. Airfares are calculated for the schedule and route of travel shown on the ticket. Should you change your date or route of travel, this may therefore affect the price of your ticket. 4.2. Airfare-Related Charges Airfare-related charges collected directly by InterSky, such as the InterSky Security Charge (YQ) and the InterSky Fuel Surcharge (FL), shall be borne by you. Airfare-related charges for air travel are subject to change at any time and may be increased even after the date on which a ticket is issued. In the event an increase in airfare-related charges should occur, you are obligated to pay the additional amount. The same applies if new airfare-related charges are instituted after your ticket has been issued. 4.3. Air Passenger Duty As of 1 January 2001, the German Federal Republic instituted an Air Passenger Duty (OY). As of 1 April 2011, Austria also instituted an Air Passenger Duty (QD). With immediate effect, InterSky will collect this Air Passenger Duty in the currently indicated amount for all flights departing from Germany and Austria. Should there be a change made to the Air Passenger Duty, InterSky is obliged to bill for this additional amount. Due to the added administrative burden, it is not possible for InterSky to reimburse, wholly or in part, any Air Passenger Duty already collected, in the event the duty is reduced. Page 4 of 23 General Terms & Conditions of Carriage (CofC) 4.4. Taxes, Fees and Other Charges Taxes, fees and other charges that are levied by a government authority, other authorized bodies or an airport operator shall be borne by you. At the time you purchase a ticket, you will be informed of any taxes, fees or other charges not included in the price of your ticket, which are generally listed separately on your flight confirmation. Taxes, fees and other charges for air travel are subject to change at any time and may also be increased after the day on which your ticket was issued. In the event of an increase in the taxes, fees and other charges listed on your ticket, you are obligated to pay the additional amount. The same applies when new taxes, fees or other charges are instituted after your ticket has been issued. 4.5. Additional Fees The airfare only covers your travel from the airport at the place of departure to the destination airport. Additional services which we provide at your request during transport, or expenses incurred in addition to your transport are not included in the price of your ticket and must be paid by you in the form of additional fees. We stipulate in Point 17 of these General Conditions of Carriage the circumstances in which we may collect such additional fees and which services will incur the same. Determinative shall be the schedule of fees currently in effect a) at the time of your reservation when it relates to a service which we are obligated to provide as a consequence of the reservation or to the transport of small children under 2 year of age, otherwise b) at the time the service is delivered or at the time the circumstances occur on which the claim of an additional fee is based. Notwithstanding these additional charges, we retain the right to demand compensation for expenses or to seek claims for damages (e.g. reimbursement of direct debit transactions and the like). 4.6. Currency Airfares, taxes, fees and other costs as well as additional fees (transportation fee) shall be paid in euros when no other currency is indicated, either by us or by an authorized representative, at the time of your reservation. 4.7. Payment 4.5.1 Payment of the transport fee is due immediately upon conclusion of the Contract of Carriage (see 3.1.1.). Should the transport fee subsequently increase, payment of the additional amount shall be due immediately upon notification of the increase provided to you. 4.5.2 Unless otherwise expressly agreed, the transport fee is to be paid by means of a credit card accepted by us. To complete this transaction, you will provide us with a debit authorization for your credit card account at the time you book your flight. This authorization also covers the collection of any additional amounts we may be entitled to collect from you as a consequence of these conditions. 4.5.3 The fee is considered as paid when the billed amount is deposited in our account. We are authorized but not obligated to assume that you have paid the airfare when you provide us with debit authorization for your credit card account at the time you make your reservation. As long as the full amount of the transport fee has not arrived in our account, we are entitled to withhold our services and in particular to refuse to provide your transport. In particular, we are authorized to cancel your reservation, to refuse to provide your transport (with no requirement to set separate deadlines or to issue reminders or notifications) and to block your online access to us, as well as to reject further bookings by you as a passenger when it appears to us that information you provided with respect to your credit card or your bank account details is incorrect or incomplete, that you are not the authorized owner of the credit card or bank account provided, that for other reasons you are unable to honor your financial obligations respecting the credit card account provided, that you have revoked the debit authorization for your credit card account, or the credit Page 5 of 23 General Terms & Conditions of Carriage (CofC) card company has refused payment or has reversal debited the amount collected either wholly or in part. If you are unable to make payment in a timely manner or one of the aforementioned reasons apply to you, we are further authorized to commission a debt-collection agency or our attorney with the collection of the debt; all costs associated with this shall be borne by you. We will also report your default on payment to the credit reporting agency (KSV). In addition, we expressly retain the right to seek claims for damages and shall bill you for any expenses incurred by us through your reversal debit or cancellation. We hereby reference the reversal debit charge in our schedule of fees (Point 17). 5. Reservation 5.1. Reservation Requirements 5.1.1.1 We only issue tickets in connection with a reservation. In the rare instance where this is not the case and you are issued a ticket without a reservation, a reservation may also be made later subject to our fares and seating availability. 5.1.2 We or our authorized representatives will register your reservation(s). At your request, we will send you a written confirmation of your reservation. 5.1.3 Our airfares are subject to provisions that restrict or exclude your right to change or cancel reservations. 5.2. Reservation Changes 5.2.1 In accordance with the following provisions, flights may be changed to another scheduled time for the same flight route and passenger where such is allowed by the tariff regulations or where seats are available on the flight requested. 5.2.2 Rebookings in the Eco Flex class are free of charge up to 3 months after the planned (original) date of the flight. Rebooking in the Eco Classic class, however, is only permissible up to two hours prior to the scheduled departure of the (original) flight. Eco Simple fares do not allow for changes. Rebookings at a later time (subsequent rebookings) are only permitted in the cases specified in Articles 9.1.2 and 9.2.2. 5.2.3 With the exception of those cases specified in Articles 9.1.2 und 9.2.2, we charge a flat fee per passenger and flight route for rebooking, the amount of which you can find in our schedule of fees (Article 17 “RBKG“). In addition, the transport fee is determined by the tariff rate applicable for the relevant flight route at the time of the rebooking. If according to this the subsequent transport fee to be charged is greater, you must pay the remaining difference in addition to the rebooking fee. Reimbursement of any deficit is however excluded. With regard to any additional payment obligations arising from a rebooking, we expressly refer to our right to refuse service (Article 7). 5.2.4 Rebooking shall be accomplished by internet or by phone through the InterSky Call Center (Mo-Fr 08:00-18:00). The new flight schedule must lie entirely within the ticket’s period of validity where there exists no cause for us to extend the ticket validity. A rebooking can only be made to a flight loaded onto and accessible in our reservation system at the time the rebooking occurs. 5.2.5 Rebookings in Eco Flex class made after the planned (original) flight date can only be made by phone through the InterSky Call Center (Mo-Fr 08:00-18:00). Page 6 of 23 General Terms & Conditions of Carriage (CofC) 5.3. Seat Reservations You may reserve specific seats for a fee (see schedule of fees, Point 17). We reserve the right to allocate or reallocate seats at any time, including after you have boarded the aircraft, whenever we consider it necessary for reasons of flight safety, security or for operational reasons. In addition, we are also entitled, but not obliged, to give passengers priority in seat selection in the order of their check-in time. 6. Check-In and Boarding 6.1. Check-In 6.1.1 The check-in desk usually opens 90 minutes prior to the planned flight departure time. We recommend that you arrive at check-in 90 minutes prior to departure time. We are entitled to cancel reservations of passengers who have not arrived at the check-in and reported for check-in with the check-in staff by the time indicated on the respective flight confirmation (final check-in time). 6.1.2 Passengers using web check-in are obligated to have completed the online procedure at least 2 hours prior to the scheduled departure time and to have printed out their boarding pass. You may use the web check-in any time from 24 up to 2 hours prior to departure time. You can find further information at www.flyintersky.com/en/services/FAQ. 6.1.3 In the interest of providing for the security of our passengers, tighter security measures are now in effect. Please note that these measures may result in delays. (a) All passengers, including children and infants, must produce a valid official photo ID. Irrespective of national travel regulations this also applies to domestic flights and flights to and from Schengen Treaty member states. For international flights, you should also bear in mind state entry and exit regulations and according to their requirements produce identity papers and other documents, such as visas. Without evidence of such we must deny check-in. (b) The name on your proof of identity must match that on your ticket (flight confirmation). Only those passengers with reservations can be checked in. Subsequent changes (change of passenger) are not permissible. (c) We too will subject both passengers and their luggage to a more thorough security screening. For that purpose we are entitled to search your bags in accordance with Article 8.6. Certain items may not be taken into the aircraft cabin, or are excluded altogether from carriage by air. You should, therefore, closely follow the relevant regulations contained in Article 8 when packing your bags. This will make our job easier and will help you avoid any inconvenience during check-in. It may be necessary to request that you remove items from your carry-on luggage and place them in checked luggage or to deny check-in altogether. 6.2. Boarding During check-in you will be informed which gate you may use to board your flight and what is the latest time you can appear there for boarding. You may not appear at the gate any later than the time specified during check-in. Please note that passport and security checks will be conducted at every airport prior to your obtaining access to the gate area, and that we have no influence of the duration and course of these proceedings. We recommend that you proceed at your earliest possible convenience to security screening, since waiting times can vary depending on circumstances. Page 7 of 23 General Terms & Conditions of Carriage (CofC) 6.3. Consequences of Delay We reserve the right to cancel your reservation if you do not adhere to the deadlines for check-in or fail to appear on time at the departure gate. This also applies in the event we are unable to check you in on grounds specified in Article 6.1.2. In such an event, you have no claim to reimbursement or crediting of the transport fee. 7. Denial and Limitation of Carriage 7.1. The Right to Deny Carriage We may refuse to transport you or your luggage at any point where such action is necessary in order to comply with applicable statutory provisions, domestic and/or international regulations or official orders or regulations. Furthermore, we may refuse to transport you or your luggage when, based on specific facts, we have reason to believe that 7.1.1 the transport of you or your luggage may endanger, influence or pose a threat to the safety, health or comfort of the passengers or crew; 7.1.2 your psychological or physical condition, including on account of impairment through drugs or alcohol, poses a danger or risk to yourself, other passengers, the crew or their property; 7.1.3 you have caused significant inconvenience to another flight and we have reason to believe that this behavior may recur; 7.1.4 you refused to undergo a security screening; 7.1.5 you have failed to provide full payment of airfare, taxes, fees or other charges required by us; 7.1.6 you apparently do not possess valid travel documents or you are attempting to enter a country which you may only travel through as a passenger in transit or for which you do not have valid travel documents, have destroyed your documents during transit or refuse to hand these over to the crew upon receipt of an appropriate receipt; 7.1.7 you are unable to prove that you are the person named on the ticket (flight confirmation); 7.1.8 you have previously travelled without a valid ticket; 7.1.9 you fail to heed our security and warning notices or other directions. 7.2. Passengers requiring special assistance 7.2.1 We hope that you will understand that we must make transport of unaccompanied children under 12 years of age, persons with handicaps, pregnant women, persons with illness or other persons requiring special assistance conditional upon express prior agreement with us. Reservations for persons with special needs should, therefore, be made through our Call Center. If a reservation has been made through the internet, the Call Page 8 of 23 General Terms & Conditions of Carriage (CofC) Center must be subsequently informed in detail as soon as possible about specific requirements using the reservation number. th 7.2.2 Pregnant women will be transported through the 34 week of pregnancy. The return leg th of travel must also be completed by this point in time. As proof that the 34 week of pregnancy has not yet passed, we require confirmation by a doctor indicating stage of pregnancy and that there is no reason you should not be able to fly. 7.2.3 Notwithstanding the requirement of our acceptance in individual cases and subject to other diverging stipulations, the following rules shall apply: (a) Passengers with special needs are for safety reasons not permitted to be seated at emergency exits. (b) We may only transport a maximum of one person per flight whose handicap requires the assistance of a caregiver, unless the passenger is him/herself accompanied by a suitable caregiver. Escorts may not be considered as caregivers if they are responsible for providing care to more than one passenger. (c) Passengers’ collapsible wheelchairs are transported free of charge in addition to the usual free baggage allowance. However, the transportation of wheelchairs using unsealed or non-leakproof batteries is prohibited. We may accept no more than a maximum of five passengers with wheelchairs per flight. The transportation of large groups of passengers with wheelchairs is only possible upon special arrangement with us. (d) There are wheelchairs available at the airport for passengers who are immobile, unable walk without assistance, unable to climb the stairs to the aircraft or who cannot walk greater distances. The transportation of bed-ridden persons requiring a stretcher is not possible on our flights. 7.3. Child Passengers 7.3.1 Barring any separate arrangements, we will only transport children under the age of 12 when they are accompanied by their parents, siblings or other escorts (aged 16 and above). If the escort is not a legal guardian, the escort must provide a written declaration signed personally by all persons jointly entitled to custody indicating the consent of the parents/legal guardians to travel under the supervision of the escort. 7.3.2 Only a limited number of unaccompanied children are allowed on each flight. The transport of unaccompanied children must be registered through our Call Center at the time reservations are made. This will involve additional charges. 7.3.3 Children who have not yet reached the age of 2 on the day of the flight will be transported for a flat-fee, the amount of which can be found in our schedule of fees (Article 17), if they are able to sit on the lap of an accompanying adult. Children from the ages of 2 through 11 will receive a 50% reduction of the normal fare rate. Youths (age 12 and above) pay the same fare as adults. Please note that there are no child seats aboard our aircraft. 7.3.4 As of 15 June 2012, each child/infant requires his/her own passport or – where provided for in the conditions of entry for the respective host country – a personal identity card for travel abroad (including within the EU). As of this date, registration in a parent’s passport is no longer valid, even when the passport remains valid for a longer period. Page 9 of 23 General Terms & Conditions of Carriage (CofC) 8. Baggage 8.1. Baggage Allowance The transport of your baggage is included in the price of your ticket as long as it fulfills our conditions for the baggage allowance. The free baggage allowance applies to: 8.1.1 checked baggage in a suitcase or similar compact receptacle up to a maximum weight of 23 kg (50 lbs.) per passenger with the exception of all flights to/from Elba, where a maximum weight of 15 kg (33 lbs.) shall apply. Only one piece of luggage is allowed for each passenger on all flights. Infants under two years of age are not entitled to this baggage allowance. 8.1.2 non-checked baggage that you take on board the aircraft as carry-on and which you have produced at the time of check-in, up to maximum weight of 5 kg (11 lbs.) and maximum dimensions of 55 x 40 x 20 cm (21 x 15 x 8 inches). 8.2. Excess Baggage 8.2.1 Baggage that due to weight, bulkiness, allowable number or other difficulties in transport is not part of the free baggage allowance is excess baggage and can only be transported upon payment of an additional fee. 8.2.2 There is no right to transport of excess baggage. Normally and within the limits of our capacities we will accept excess baggage up to a maximum weight of 30 kg (66 lbs.) per passenger. In certain instances prior arrangement with us is required. 8.2.3 The amount of the fee charged for excess baggage can be found in our schedule of fees (Article 17) or you can inquire at our Call Center or at one of our check-in counters. The published fees applicable on the day of the flight shall always be determinative. 8.3. Airfreight We do not transport air-freight on our flights. Luggage may therefore only be transported together with a passenger as carry-on or checked baggage. 8.4. Objects Not Acceptable as Baggage 8.4.1 Your baggage may not contain: (a) items that endanger the aircraft, persons or property on board. These are defined in detail in the “Technical Instructions for the Safe Transport of Dangerous Goods” of the International Civil Aviation Organization (ICAO) and in the “Dangerous Goods Regulations” of the International Air Transport Association (IATA). In particular this applies to gas bottles, flammable deep-frozen, nonflammable and toxic gases such as butane, oxygen and propane, including butane gas, camping gas and blowtorches, etc. CS and pepper sprays as well as all sprays that inhibit movement or action, flammable liquids and solids such as those used for igniters or heaters as well as paints and matches, lighters, etc. toxins such as insecticides, herbicides, arsenic and cyanide, Page 10 of 23 General Terms & Conditions of Carriage (CofC) radioactive materials, oxidizing materials and organic peroxides such as bleaching agents and fiberglass repair kits, infectious substances such as bacteria and viruses, caustic substances such as mercury, acids, alkaline substances and wet cells, all liquids that can be used in the manufacture of explosive materials. Please note that matches and lighters may only be taken along in carry-on bags but not in checked bags and only in amounts normal for personal use. If you are not certain what items you may take with you, please call us or inquire at the check-in desk. (b) objects prohibited by the statutory provisions, official orders or other regulations of a country being flown to or over. (c) objects that in our view are not suitable for transport as baggage or which would unreasonably compromise the comfort of other passengers owing to their hazardousness, their weight, their size, their form or nature, their fragility or perishability. Upon request you may obtain information from us about objects that will not be accepted as baggage. (d) firearms and explosives, hand weapons, automatic weapons, munitions including blank cartridges, pistol attachments, fireworks, flares, smoke canisters and firecrackers. 8.4.2 Firearms and munitions other than for hunting and sporting purposes may not be transported as baggage. Firearms and munitions for hunting and sporting purposes that accord with our regulations may be accepted as checked baggage; firearms must be unloaded and have the safety on, and also be appropriately packed. ICAO and IATA regulations apply to the transport of munitions. Both firearms and munitions must be registered in a timely manner in advance with the Call Center and declared during check-in. As necessary, you should also inquire beforehand about the special check-in times that apply in such cases. 8.4.3 Weapons such as antique firearms, swords, knives and similar objects may be accepted as checked baggage at our discretion. However, they are not allowed in the aircraft cabin. 8.4.4 Your checked bags may not contain money, jewelry, valuable metals, computers, personal electronic devices, negotiable papers, securities or other valuables, keys, medicines, business documents, passports or other identification cards and other forms of identification. Should such items nevertheless be in your baggage, we assume no liability for any loss or damage that may occur as a consequence. 8.4.5 We do not transport wheelchairs with unsealed or non-leakproof batteries, additional oxygen for personal use, stretchers, bassinets or motors. 8.5. Right to Refuse Baggage Page 11 of 23 General Terms & Conditions of Carriage (CofC) 8.5.1 With due regard to the exceptions contained in Articles 8.4.2 and 8.4.3, we will deny transport of those items described in Article 8.4. 8.5.2 We may deny carriage to baggage which in our reasonable opinion is not properly and securely packaged in an appropriate receptacle. At your request, we will provide you with information about packaging and unsuitable receptacles. 8.5.3 Baggage from third parties may not be declared as your own and checked in for transport as part of the approved baggage allowance or as excess baggage. 8.6. Right of Inspection For reasons of flight safety and security, we may ask to search, examine and x-ray you and your baggage. If you are not available, your baggage may be searched in your absence. This occurs in order to determine if your baggage contains an item described in Article 8.4.1, firearms, munitions or other weapons that were not presented to us in accordance with Articles 8.4.2 or 8.4.3. If you fail to comply with such a request, we may refuse to transport you and your baggage. In the event a search or examination causes you injury or your baggage is damaged as a result of an x-ray exposure or examination, we bear liability only when the damage is due to intent or gross negligence on our part. You bear liability for all direct and consequential costs that arise as a result of additional investigation. 8.7. Checked Baggage 8.7.1 After turning in your checked baggage, we shall store these items and affix an identifier to each piece of baggage. 8.7.2 Your name or other personal identifiers must be affixed to each piece of checked baggage. 8.7.3 Checked baggage shall, if possible, be transported in the same aircraft with you, unless we decide to transport the baggage on an alternate flight for reasons of flight safety or for security or operational reasons. Should your checked baggage be transported aboard one of our following flights, you may pick it up personally at the destination (meaning at the relevant destination airport) (see Pt. 8.9.). 8.8. Carry-On 8.8.1 If your baggage fails to comply with the requirements set down in Article 8.1.2, it must be turned in at check-in. In addition, you are not permitted to take the following items with you into the aircraft cabin, such as: toy guns or fake weapons (plastic or metal) nail files (paper files are permitted) slingshots flatware knives with blades of any length letter openers Page 12 of 23 General Terms & Conditions of Carriage (CofC) razor blades tools dart tips scissors syringes knitting needles sports rackets billiard, snooker or pool queues Prior to your flight you should directly ask the security authorities at the respective airport about any other items that may not be transported in your carry-on bags. Please observe any last-minute changes that may arise as the result of terror warnings. These may result in last-minute changes to legal regulations or to tightened security requirements for passengers. 8.8.2 Objects not suitable for transport in the cargo area (e.g. fragile musical instruments) and which do not comply with the requirements set forth in Article 8.1.2 will be transported in the cabin only if you notify us in advance and we approve the same. We may in turn levy a surcharge. 8.9. Surrender and Return of Checked Baggage 8.9.1 You are obligated: to pick up your checked baggage as soon as possible at the destination (which always refers to the respective airport of destination) or at a stopover. If you fail to pick up your baggage within a reasonable period of time, we will bill you storage fees in accordance with our fee schedule. If you fail to retrieve your baggage within three months after we made it available for pick-up, we shall dispose of it; we shall bear no liability for any damage resulting therefrom. Any amounts you may still owe us must be paid before we can return your baggage. We will however make every reasonable effort to notify you in advance of such a circumstance. 8.9.2 Only the owner of the baggage claim check is authorized to take delivery of the baggage. However, we are not obligated to ascertain whether the bearer of the baggage claim check is the rightful recipient of the checked baggage. We are not liable for loss, damage or for expenses that may result from our failing to check the legitimacy of the recipient. We will turn over checked baggage to persons who fail to present a baggage claim check only when such person can credibly demonstrate that the baggage is theirs. 8.9.3 If a person requesting checked baggage is unable to present the baggage claim check, assuming one was issued, or the baggage identification tag in order to identify the bag, we will turn over baggage to this person only if he or she is able to prove to our satisfaction his or her right to claim the baggage. 8.10. Animals The transport of animals is only allowed with our express approval. We will only grant approval to the transport of dogs or cats. Once we grant approval, transport of the animals is contingent upon the following conditions: Page 13 of 23 General Terms & Conditions of Carriage (CofC) 8.10.1 You must ensure that the animals to be transported are properly placed in suitable watertight containers and are provided with the health and inoculation certificates, entry authorizations and other documents required by those countries you will be traveling to or through. In the absence of these, the animals will not be accepted for transport. Such transports may be subject to additional conditions that you may obtain from us upon request. 8.10.2 Once we have accepted animals for transport, the animal, together with its container and food, is not part of your free baggage allowance and is instead excess baggage, for which you must pay a separate fee in accordance with our fee schedule (Article 17). Once we have accepted animals for transport, they may be transported exclusively in the cabin only up to a total weight of 8 kg (17 lbs.) (animal and container, max. dimensions 25.5 cm [10 in.] x width 40 cm [15 in] x depth 40 cm [15 in]). 8.10.3 Companion dogs (seeing-eye dogs) that are accompanying passengers with handicaps will be transported free of charge as an additional part of the free baggage allowance. Passengers who plan on traveling with a companion dog must notify the InterSky Reservation Center in advance by phone at 0043 (0)5574 – 48800 - 46. In order to ensure that all necessary arrangements can be made, you must also check in at least 90 minutes prior to the scheduled departure time. In this regard, please note Article 7.2.3 (e). 8.10.4 We are not responsible for an animal whose exit, entry and health certificates or other documents required for the animal’s entry to or transit through a country, state or territory are not complete. You and the passenger taking the animal must compensate us for all fines, costs, losses and obligations we incur or which are imposed on us as a consequence of this incompleteness. 8.11. Transport of Human Remains and Organs The transport of human remains and body parts as well as human organs is not permitted on our flights. 9. Flight Schedules, Delays, Cancellation of Flights 9.1. Flight Schedules 9.1.1 The flight times shown in the flight schedules may be subject to change between the date of their release and the actual date of departure. We cannot guarantee you these times nor are they an integral part of the contract with us. 9.1.2 Before we accept your reservation, we will inform you of the scheduled flight time valid at that time, which will appear on your ticket. It is possible, however, that we will need to change the scheduled flight time after transmitting your flight confirmation. If you provide us with a means to contact you, we will attempt to notify you of any such changes. If following receipt of your ticket a serious change should be made to the flight schedule which is unacceptable to you and we are unable to re-book you to a different analogous flight, you are entitled to reimbursement of the transport fee in conformity with Article 10.2. 9.1.3 As part of planning your trip, please note that we are a specialist provider of direct city-tocity connections at reduced rates. We do not offer connecting flights and associated service. Should you nevertheless wish to combine our individual flights with each other or with flights of other airlines, this shall occur at your own risk. 9.2. Denied Boarding, Cancellations and Delays Page 14 of 23 General Terms & Conditions of Carriage (CofC) 9.2.1 We shall take all necessary measures to transport you and your baggage without delays. In order to ensure this to the greatest degree of satisfaction of our passengers, in particular in order to avoid flight cancellations, we are entitled under exceptional circumstances to have a flight carried out in our behalf by another airline and/or with a different aircraft. 9.2.2 If your flight is cancelled or departure is delayed for at least three hours, you may, where applicable, be entitled to claim compensation and benefits. Your rights in such an eventuality, in particular the exact requirements as well as nature and extent of these payments/benefits, are determined by regulation (EC) No. 261/2004 of the European Parliament and European Council of 11 February 2004. You may obtain written information on this topic at the check-in counter or at the gate. 9.2.3 Our liability for further damages remains unaffected thereby and is governed by Article 15. 10. Rules for Refunds 10.1. Processing Refunds The provisions of this article apply exclusively to how refunds are to be processed where such are to be made based on a special provision of these Conditions of Carriage. In such an eventuality, the following shall apply: 10.1.1 Where not otherwise specified, we are entitled to issue a refund to either the person named on the ticket or to the person who paid for the ticket – upon presentation of convincing evidence of payment. For payments made by credit card or direct debiting transfer, we shall, unless otherwise agreed or instructed, transfer the amount of the refund to the credit card or bank account. 10.1.2 If a ticket was paid for by a person other than the passenger named on the ticket, and the ticket states that there is a restriction on a refund, we will issue a refund only to the person who paid for the ticket or, at this person’s instruction, to another person. 10.1.3 Refunds for fares and fare-related fees can only be issued for reservations made in Eco Flex class. Fares and fare-related fees for Eco Classic & Eco Simple are excluded from reimbursement. A right to cancellation exists only with respect to timely cancellations and must be made no later than 2 hours before departure. Cancellations should be submitted informally in written form by email, fax or mail to: InterSky Luftfahrt GmbH Bahnhofstrasse 10 6900 Bregenz Austria Fax: +43 5574 48800 8 Email: [email protected] 10.2. Amounts of Mandatory Refunds In the event you have a claim to a refund in accordance with these Conditions of Carriage, the amount of the refund: (a) in the event no part of the ticket was used will be equal to the full transport fee, Page 15 of 23 General Terms & Conditions of Carriage (CofC) (b) in the event part of the ticket was used will be equal to the amount of the transport fee for the unused portion of the trip as well as when the flight has become pointless as far as your original travel plans are concerned due to the circumstances that caused the refund. 10.3. Amount of Other Refunds In the event you are owed a refund for reasons other than those specified in 10.2, in particular because your transport was made impossible for reasons of your own making, but where we are required to offset saved expenses or alternate use of our services, we shall levy a reverse transaction flat-fee for the expenses associated with processing, the amount of which you can find in the schedule of fees (Article 17). 10.4. The Right to Deny a Refund If you have presented a ticket to us or to the authorities of a country as proof of intention to exit the country, we are authorized to refuse refund of this ticket if you are unable to convincingly demonstrate to us that you have permission to stay in that country or if you are exiting using a different airline or a different means of transport. 10.5. Currency We shall provide a refund in the currency and manner in which the ticket was paid. 11. Behavior On Board the Aircraft 11.1. General Once aboard the aircraft, if in the opinion of the crew you are behaving in such a manner as to endanger the aircraft, a person or property on board, or which may impede the crew from performing their duties, or fail to heed the instructions of the crew, including instruction relating to smoking, the consumption of alcohol or drugs, or in the event you behave in a manner that causes unease, disruption, damage or injury to other passengers or to the crew, we may use whatever means we think necessary to prevent the continuation of such behavior, including bodily restraint. You may be removed from the aircraft and be denied transport to another location. You may face both civil and criminal liabilities for unlawful behavior exhibited on board one of our aircraft. 11.2. Smoking on Board All of our aircraft are non-smoking flights. You pledge that you will not smoke on board the aircraft. We retain the right to take appropriate steps for failure to observe the nonsmoking rule on board the aircraft. 11.3. Electronic Devices For reasons of security, the operation of electronic devices, such as mobile phones, laptops, recording devices and radios, CD-players, electronic games or transmission devices, including remotely controlled toys and walkie-talkies, is not permitted. You pledge to keep electronic devices such as these turned off for the duration of the flight. Naturally, the use of hearing aids and pacemakers is permitted. Page 16 of 23 General Terms & Conditions of Carriage (CofC) 11.4. Alcoholic Beverages The consumption of alcoholic beverages brought on board the aircraft is prohibited. 12. Arranging for Additional Services 12.1. In the event we make arrangements on your behalf with third parties for additional services other than transport or in the event we have issued a ticket or coupon/voucher for transport or services (other than transport) provided by third parties – such as hotel reservations or automobile rentals – we are acting exclusively as representatives of these third parties. 12.2. In the event we offer you ground transportation services, these may be subject to other conditions. You may obtain these conditions from us upon request. 13. Administrative Formalities 13.1. Travel Documents 13.1.1 You are responsible for obtaining all required travel documents and visas and for complying in this regard with all laws, regulations, ordinances, demands and travel requirements of those countries from, to or through which you will be flying. We are not responsible for any consequences resulting from your failure to comply with this obligation. Should you be denied entry to any country, you must bear all penalties that result therefrom or fines imposed on us as well as the costs for return travel from that country or reimburse us for the same. There shall be no refund of the airfare for transport to the location where you were denied entry. 13.1.2 Prior to departure, you must submit to us all exit, entry and health documents as well as other documents that by law, regulation, ordinance, demand or other requests are required by the relevant country and permit us to make and retain photocopies of the same. We reserve the right to deny you transport in the event you fail to comply with these requirements or your travel documents appear to us not to be in proper order. 13.2. Responsibility for Fines, Detention Costs etc. 13.2.1 In the event we are required to pay a fine or detention costs or incur or assume expenses for your failure to comply with the laws, regulations, ordinances, demands or other travel requirements of the relevant countries or to present the required documents, you are required, upon request, to reimburse us for these expenses or outlays. We may apply the value of any unused portion of your ticket or any of your property in our possession for this payment or for expenses. 13.3. Customs Inspection/Customs Audit/Customs Investigation If necessary, you are required to permit inspection of your baggage by customs or other government officials. We are not liable for loss or damage you may suffer as a result of this inspection or your failure to comply with this requirement. 13.4. Security Examination/ Security Inspection You are required to submit to every security inspection by officials, airport personnel or by us. Page 17 of 23 General Terms & Conditions of Carriage (CofC) 13.5. Personal Data 13.5.1 You acknowledge that your personal data has been conveyed to us for the following purposes: Preparation of reservations, acquisition of a ticket, acquisition of additional services and the handling of payment transactions; the procurement and delivery of services, facilitation of entry and customs procedures and delivery of these data to government authorities associated with your travel. For these purposes you authorize us to collect, store and use these data and to report them to our branch offices, authorized representatives, governmental authorities, other airlines or to those providing the services listed above. You empower us in particular to report your passport data and personal information processed and used by us in connection with your trip to domestic and foreign authorities, including authorities in the USA and Canada, where the respective reporting procedure occurs at the request of these authorities on the basis of mandatory statutory provisions and is therefore essential to the fulfillment of the Contract of Carriage. 13.5.2 If and insofar as you have not explicitly limited the use of your data, we may also use your data to provide you with information about our products and services. For this purpose, we may also store your data beyond what is necessary for the purpose of executing the Contract of Carriage and transmit the same for this specific purpose to our cooperating partners. 14. Successive Carriers As per convention, transport carried out by us and other airlines on one ticket are to be considered a single event. Please see Article 15.1.2 15. Liability for Damages 15.1. General 15.1.1 We are wholly or partially released from liability if you are wholly or partially at fault for the damage. 15.1.2 We are only liable for damage that occurs on flights or flight segments for which our airline code appears on the ticket in the column Flight/Carrier. If we issue tickets for travel on flights of another air carrier or if we take on baggage for transport on another air carrier, we are acting solely as an agent for this other air carrier and are not directly liable. 15.1.3 We are not liable for damage that is directly or indirectly due to the fulfillment of statutory or official orders, regulations or ordinances or which are attributable to your failure to comply with the same or which have their origin in circumstances beyond our control. 15.1.4 With respect to checked baggage you also have the right to bring suit for damages against the first or last air carrier. We are liable only for baggage (damage, loss, theft, delay, etc.) on flights or flight segments for which our airline code appears on the ticket in the column Flight/Carrier. We can assume no liability for “through-checked” baggage (e.g. for damage, loss, theft, delay, etc.). We therefore recommend that you always check your baggage in for our flights directly through us. 15.1.5 Our liability shall in any event not exceed the amount of the ascertained damage. We are not liable for indirect damage or for consequential damage or for damage punitive in nature. 15.1.6 We are not liable where we are able to prove that our personnel and others involved by us in fulfilling the contract of carriage took all reasonable measures to prevent the damage or that they were unable to take these measures. Exclusion and limitation of our liaPage 18 of 23 General Terms & Conditions of Carriage (CofC) bility applies mutatis mutandis to our agents, employees, representative as well as any person whose flight equipment we use, including their agents, employees and representatives. The gross amount which we and the above-named persons may have to pay in damages may not exceed the maximum liability limits that apply to us. 15.1.7 The regulations of this section also apply without restriction to the following special cases, insofar as is not otherwise provided for in these regulations. 15.1.8 Except as otherwise expressly provided for, nothing in these Conditions of Carriage shall imply a waiver of disclaimers of liability or limitations on liability applicable to us according to the agreement and applicable law. 15.2. Personal Damage 15.2.1 Liability for damage is subject to the Austrian Aviation Act as well as the Treaty of Montreal of 28 March 1999, which was regularized in the European Community through the regulation (EC) No. 889/2002 (in the currently valid version) and incorporated into national law. 15.2.2 (a) For damage up to a value in EURO equivalent to 100,000 SDR per passenger, we shall claim no exemption from liability if we are able to prove that we or our personnel have taken all necessary measures to prevent the damage or were unable to take these measures. However, we reserve the right in this respect to provide proof that the aggrieved party was wholly or partially at fault for the damage and we are to that same degree released from liability. (b) Beyond this, the provisions of the convention and applicable domestic law shall apply unrestrictedly. Accordingly, we are also not liable for damage over and above this if we are able to prove that the damage is not attributable to an unlawful or culpable action or omission on our part or that of our personnel or exclusively to unlawful or culpable actions by a third party. 15.2.3 We pay for such damage promptly, with an advance paid no later than 15 days after establishing the identity of the natural persons entitled to compensation in order satisfy immediate financial needs and in proportion to the hardship suffered. In case of death, this advance shall amount to at least a value in EURO equivalent to 16,000 SDR per passenger. The advance does not constitute a recognition of liability and may later be applied to any amount to be paid as a result of our liability. The advance need not be repaid, excepting in cases of contributory negligence on the part of the passenger or cases in which is it subsequently established that the persons who received the advance were wholly or partially responsible for the damage owing to their own negligence or otherwise had no claim to compensation. 15.3. Damage to Baggage (checked and non-checked baggage) 15.3.1 We are not liable for damage to checked baggage if we are able to prove that the damage is not attributable to unlawful or culpable action or omission by our firm or our employees or is exclusively attributable to unlawful or culpable actions or omissions by a third party. In all other cases, in particular for damage to non-checked baggage and/or damage to the contents of non-checked baggage as well as to personal items belonging to our passengers, we are liable only if we or our employees are demonstrably responsible for the damage. We reserve the right to prove that the aggrieved party is wholly or partially at fault for the damage; we are released from liability to the extent that we are able to provide such proof. Page 19 of 23 General Terms & Conditions of Carriage (CofC) 15.3.2 We are not liable for damage caused by objects inside baggage or by defects inherent to the baggage itself. Should these objects cause damage to baggage belonging to another passenger or to our property, you must compensate us for all damage and expenses arising therefrom. 15.3.3 We are not liable for damage to and loss or theft of perishable, fragile or highly delicate items, computers, laptops, jewelry, precious metals, gemstones, money, commercial papers, securities, business documents, sample passports, personal identification and items of clothing. 15.3.4 Furthermore, for destruction and loss of and damage to travel baggage, our liability is limited to a maximum amount of 1,000.00 SDR. We are entitled to obtain a professional opinion for the assessment of the damage amount. We shall not bear the costs for such an assessment. 15.3.5 In the event we are obligated to pay compensation for the reasons mentioned above but must offset saved expenses or alternate uses of our services, we shall levy a processing fee for the expenses incurred in connection with the transaction. 15.4. Damage Due to Delay, Denied Boarding and Cancellation 15.4.1 We are liable for damage caused by delays in transporting passengers, excepting where we have taken all reasonable measures to avoid such damage or it was impossible to take such measures. 15.4.2 For delays lasting more than 3 hours, we shall render support and reimbursement payments as defined by the regulation (EC) No. 261/2004. 15.4.3 We are liable for damage incurred from delays in the transport of checked baggage, excepting where we have taken all reasonable measures to avoid such damage or it was impossible to take such measures. Liability for damage caused by delays through the limitation of travel baggage is limited to 1,000.00 SDR. 15.5. Notice of Loss and Time Limits 15.5.1 Acceptance of baggage without notification of any damage thereto on the part of the owner at the time the baggage was delivered shall constitute sufficient proof that the baggage was in good condition and was delivered in conformity with the Contract of Carriage, insofar as you are unable to provide evidence to the contrary. In the event you wish to bring notice of loss or suit with respect to damage to checked baggage, you must notify us as soon as you ascertain the damage – however no later than seven (7) days after taking delivery of the baggage. In the event you wish to bring notice of loss or suit with respect to a delayed delivery of checked baggage, you must notify us within twenty-one (21) days of the day on which the baggage was made available to you. Any notification of this nature must be in writing. Page 20 of 23 General Terms & Conditions of Carriage (CofC) 15.5.2 A suit for claim of damage of any type in connection with international travel may only be made within a period terminating at 2 years calculated from the date on which the aircraft arrived at the point of destination or from the date on which the aircraft should have arrived at the destination or from the date on which travel was discontinued. Calculation of the period of time that applies will be determined according to the law of the court hearing the case. The statute of limitation for travel exclusively within the Federal Republic of Germany shall be 3 years. 16. Other Provisions Special regulations governing the transport of you and your baggage apply supplementally in certain special cases and also constitute an integral part of the contract of carriage between you and us and are therefore of equal importance. These relate to the following issues: transport of unaccompanied minors, pregnant women and passengers with illness, restrictions on the use of electronic devices and objects, consumption of alcoholic beverages on board. The regulations and provisions relating to these issues are available from us upon request and may be viewed and downloaded on our homepage. 17. Schedule of Fees Type of Service Description UM Unaccompanied children between the ages of 511.99 years (The service fee will be charged per leg and child; in the case of siblings a fee will be charged for only one child) € 40.00 Service Fee INF Service fee for children up to 1.99 years of age € 15.00 Service Fee per leg Seat Seat Reservation (Eco Flex free-of-charge) € 10.00 per leg BLND Assistance during boarding + deboarding for blind passengers no fee DEAF Assistance during boarding + deboarding for deaf passengers no fee WCHR(ampe) Assisting those with mobility problems on the apron no fee WCHS(teps) Assisting those with mobility problems on the aircraft stairs no fee WCHC(carry) Carrying those with mobility problems to their seat no fee WCMP Transporting a manually-operated wheelchair no fee WCBD Transporting a wheelchair with a motor powered by a dry battery no fee PETC Transporting pets up to 8 kg (17 lbs.) (incl. transport box) in a suitable receptacle. Transport receptacles will not be provided by InterSky! € 20.00 per leg No fee for seeing-eye dog BIKE Bicycle (packed securely for transport). Packaging € 25.00 materials will not be provided by InterSky! per leg SPEQ Sports Equipment Page 21 of 23 Fee € 25.00 General Terms & Conditions of Carriage (CofC) per leg …Body board Transport of a body board/diving equipment € 25.00 per leg …Golfing Gear Transport of golfing gear € 25.00 per leg …Ski Transport of skis when length specified € 25.00 per leg …Snowboard Transport of a snowboard € 25.00 per leg …Surfboard Transport of a surfboard € 25.00 per leg …Parasail / HangGlider Transport of a parasail / hang-glider € 25.00 per leg WEAP Transport of a sporting firearm € 30.00 per leg XBAG Excess baggage fee per kg starting at 23 kg (50 lbs.) or for a second bag (irrespective of the weight of the first bag) € 5.00 per kg BKG One-time reservation fee for reservations/rebooking made through the Call Center and at an InterSky airport counter (does not apply to other services from this list) € 20.00 per leg and passenger RBKG Eco Simple All Eco Simple fares are non-rebookable. RBKG Eco Classic RBKG Eco Flex Rebookable up to 2 hours before departure for fixed travel dates. In the event no seats are available at the tariff originally booked, an additional charge must be paid up to the available tariff. An additional processing fee (BKG) will be charged for rebookings made by phone which would have also been possible via our homepage. € 50.00 per rebooking, per passenger and per leg Rebookable up to 3 months after the (originally booked) departure for fixed travel dates. If no more seats are available on the new flight at the tariff originally booked, an additional charge must be paid up to the available tariff. An additional processing fee (BKG) will be charged for rebookings made by phone which would have also been possible via our homepage (except for rebookings after departure). no fee Name Change Eco Simple No name changes are allowed for Eco Simple tariffs. Name Change Eco Classic Up to 2 hours before departure. The change is possible exclusively per booking and may not be applied to individual segments of a reservation. € 50.00 Name Change Up to 3 months after the (originally booked) de- no fee Page 22 of 23 General Terms & Conditions of Carriage (CofC) Eco Flex parture. The change is possible exclusively per booking and may not be applied to individual segments of a reservation. Charge–back–fee Processing fee for charge-back (ELV) € 50.00 per leg not incl. bank fees Up to 3 months after (originally booked) departure. Reverse-transaction flat-fee for fare refund, fare-related fees, taxes and fees as well as for all transport fees. € 50.00 per passenger and leg, not incl. bank fees and expenses Refund Eco Flex Refund Eco Classic Refund Eco Simple Baggage Storage Fee Up to 2 hours prior to departure. The refund relates solely to the reimbursement of taxes and fees. Tariffs and fare-related fees are nonrefundable. Up to 2 hours before departure. The refund relates solely to the reimbursement of taxes and fees. Tariffs and fare-related fees are nonrefundable. Fee for storage of baggage, as per Article 8.9 no fee no fee € 10.00 per day 18. Terms for Vouchers 18.1. An InterSky flight voucher may be redeemed only once for InterSky flight services up to the total value you selected. An offsetting or cash payment of any remaining balance is excluded. 18.2. An InterSky flight voucher may only be redeemed through the InterSky Call Center. 18.3. If the current price of the requested flight exceeds the value of the voucher, you will have the option of paying the additional amount of the difference. 18.4. Rebookings are only allowed pursuant to the General Conditions of Carriage. 18.5. An InterSky flight voucher is valid only as issued. Cash payment or extension is not possible. 18.6. InterSky assumes no liability for the loss of a voucher or for the loss of a voucher code. Replacement vouchers will not be issued. 19. Place of Jurisdiction and Applicable Law To the extent no other statutory provisions take precedence, Austrian law shall materially apply. To the extent no other statutory provisions take precedence and depending on the value at dispute, the Austrian court with responsibility for Bregenz (either the Bregenz District Court or the Feldkirch Regional Court) shall have jurisdiction. Page 23 of 23
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