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Air Malta's Terms & Conditions of Carriage
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ARTICLE 1- WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
As you read these conditions, please note that:
"We", "our" "ourselves" and "us" means Air Malta Plc.
"You", "your" and "yourself” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "Passenger").
"AGREED STOPPING PLACES" means those places, except the place of departure and the
place of destination, set out in the Ticket or shown in our timetables as scheduled stopping
places on your route.
"AIRLINE DESIGNATOR CODE" means the two characters or three letters which identify
particular air carriers.
"AUTHORISED AGENT" means a passenger sales agent who has been appointed by us to
represent us in the sale of air transportation on our services.
"BAGGAGE" means your personal property accompanying you in connection with your trip.
Unless otherwise specified, it consists of both your Checked and Unchecked Baggage.
"BAGGAGE CHECK" means those portions of the Ticket which relate to the carriage of your
Checked Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of
Checked Baggage.
"CARRIER" means an air carrier other than ourselves, whose airline designator code appears
on your Ticket or on a Conjunction Ticket.
"CHECKED BAGGAGE" means Baggage of which we take custody and for which we have
issued a Baggage Check.
“CHECK-IN DEADLINE” means the time limit specified by the airline by which you must
have completed check-in formalities and received your boarding pass.
"CONDITIONS OF CONTRACT" means those statements contained in or delivered with
your Ticket or Itinerary/Receipt, identified as such and which incorporate, by reference, these
Conditions of Carriage and notices.
"CONJUNCTION TICKET" means a Ticket issued to you with relation to another Ticket
which together constitute a single contract of carriage.
"CONVENTION" means whichever of the following instruments are applicable:
- the Convention for the Unification of Certain Rules Relating to International Carriage by
Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
- the Warsaw Convention as amended at The Hague on 28 September 1955;
- the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975):
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of
Montreal (1975);
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of
Montreal (1975);
- the Guadalajara Supplementary Convention (1961);
- the Montreal Convention (1999)
"COUPON" means both a paper Flight Coupon and an Electronic Coupon, each of which
entitles the named passenger to travel on the particular flight identified on it.
"DAMAGE" includes death, wounding, or bodily injury to a Passenger, loss, partial loss or
theft of or other damage to Baggage, arising out of or in connection with carriage or other
services incidental thereto performed by us.
"DAYS" mean calendar days, including all seven days of the week; provided that, for the
purpose of notification, the day upon which notice is dispatched shall not be counted; and
provided further that for purposes of determining duration of validity of a Ticket, the day
upon which the Ticket is issued, or the flight commenced shall not be counted.
"ELECTRONIC COUPON" means an electronic flight coupon or other value document held
in our database.
"ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the
Electronic Coupons and, if applicable, a boarding document.
"FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for
passage," or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the
particular places between which you are entitled to be carried.
“FORCE MAJEURE” means unusual and unforeseeable circumstances beyond your control,
the consequences of which could not have been avoided even if all due care had been
exercised.
"ITINERARY/RECEIPT" means a document or documents we issue to Passengers travelling
on Electronic Tickets that contains the Passenger’s name, flight information and notices.
"PASSENGER" means any person, except members of the crew, carried or to be carried in an
aircraft pursuant to a Ticket. (See also definition for "you", "your" and "yourself”).
"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the Ticket
issued by us or on our behalf, which is so marked and which ultimately is to be retained by
you.
“SPECIAL DRAWING RIGHTS” are an international unit of account, defined by the
International Monetary Fund, based upon the values of several leading currencies. The
currency values of the Special Drawing Right fluctuate and are re-calculated each banking
day. These values are known to most commercial bankers and are reported regularly in
leading financial journals.
"STOPOVER" means a scheduled stop on your journey, at a point between the place of
departure and the place of destination, which lasts not less than 24 hours.
"TARIFF" means the published fares, charges and/or related conditions of carriage of an
airline filed, where required, with the appropriate authorities.
"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the
Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of
Contract, notices and Coupons.
"UNCHECKED BAGGAGE" means any of your Baggage other than Checked Baggage.
ARTICLE 2 -APPLICABILITY
2.1 GENERAL
Except as provided in Articles 2.2 and 2.4, our Conditions of Carriage apply to all
flights, or flight segments, operated by us or sold by us to you as principal.
2.2 CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of
Carriage apply only to the extent they are incorporated, by reference or otherwise,
in the charter agreement or the Ticket.
2.3 CODE SHARES
On some services we may have arrangements with other carriers known as "Code
Shares". This means that even if you have a reservation with us and hold a ticket
where our name or airline designator code is indicated as the carrier, another carrier
may operate the aircraft. If such arrangements apply we will advise you of the
carrier operating the aircraft at the time you make a reservation.
2.4 OVERRIDING LAW
These Conditions of Carriage are applicable unless they are inconsistent with our
Tariffs or applicable law in which event such Tariffs or laws shall prevail.
If any provision of these Conditions of Carriage is invalid under any applicable law,
the other provisions shall nevertheless remain valid.
2.5 CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage, in the event of inconsistency
between these Conditions of Carriage and any other regulations we may have,
dealing with particular subjects, these Conditions of Carriage shall prevail.
ARTICLE 3 - TICKETS
3.1 GENERAL PROVISIONS
3.1.1 We will provide carriage only to the Passenger named in the Ticket, and you may
be required to produce appropriate identification.
3.1.2 A Ticket is not transferable, except as required by any locally applicable laws, in
particular those of the European Community concerning package holidays.
3.1.3 Some Tickets are sold at discounted fares which may be partially or completely
non-refundable. You should choose the fare best suited to your needs. You may
also wish to ensure that you have appropriate insurance to cover instances where
you have to cancel your Ticket.
3.1.4 If you have a Ticket, as described in Article 3.1.3, which is completely unused, and
you are prevented from travelling due to Force Majeure, provided that you
promptly advise us and furnish evidence of such Force Majeure, we will provide
you with a credit of the non-refundable amount of the fare, for future travel on us,
subject to deduction of a reasonable administration fee.
3.1.5 The Ticket is and remains at all times the property of the issuing carrier.
3.1.6 Except in the case of an Electronic Ticket, you shall not be entitled to be carried on
a flight unless you present a valid Ticket containing the Flight Coupon for that
flight and all other unused Flight Coupons and the Passenger Coupon. In addition,
you shall not be entitled to be carried if the Ticket presented is mutilated or if it has
been altered otherwise than by us or our Authorised Agent. In the case of an
Electronic Ticket, you shall not be entitled to be carried on a flight unless you
provide positive identification and a valid Electronic Ticket has been duly issued in
your name.
3.1.7(a) In case of loss or mutilation of a Ticket (or part of it) by you or non-presentation of
a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon
your request we will replace such Ticket (or part of it) by issuing a new Ticket,
provided there is evidence, readily ascertainable at the time, that a Ticket valid for
the flight(s) in question was duly issued and you sign an agreement to reimburse us
for any costs and losses, up to the value of the original ticket, which are necessarily
and reasonably incurred by us or another carrier for misuse of the Ticket. We will
not claim reimbursement from you for any such losses which result from our own
negligence. The issuing carrier may charge a reasonable administration fee for this
service, unless the loss or mutilation was due to the negligence of the issuing
carrier, or its agent.
3.1.7(b) Where such evidence is not available or you do not sign such an agreement, the
carrier issuing the new Ticket may require you to pay up to the full Ticket price for
a replacement Ticket, subject to refund if and when the original issuing carrier is
satisfied that the lost or mutilated Ticket has not been used before the expiry of its
validity. If, upon finding the original Ticket before the expiry of its validity, you
surrender it to the carrier issuing the new Ticket, the foregoing refund will be
processed at that time.
3.1.8 A ticket is valuable and you should take appropriate measures to safeguard it and
ensure it is not lost, stolen or damaged.
3.2 PERIOD OF VALIDITY
3.2.1 Except as otherwise provided in the Ticket, in these Conditions, or in applicable
Tariffs (which may limit the validity of a ticket, in which case the limitation will be
shown on the Ticket), a Ticket is valid for:
(a) one year from the date of issue; or
(b) subject to the first travel occurring within one year from the date of issue, one year
from the date of first travel under the Ticket.
3.2.2 When you are prevented from travelling within the period of validity of the Ticket
because at the time you request reservations we are unable to confirm a reservation,
the validity of such Ticket will be extended, or you may be entitled to a refund in
accordance with Article 10.
3.2.3 If after having commenced your journey, you are prevented from travelling within
the period of validity of the Ticket by reason of illness, we may extend the period
of validity of your Ticket until the date when you become fit to travel or until our
first flight after such date, from the point where the journey is resumed on which
space is available in the class of service for which the fare has been paid. Such
illness must be attested to by a medical certificate. When the flight coupons
remaining in the Ticket, or in the case of an Electronic Ticket, the electronic
coupon, involve one or more Stopovers, the validity of such Ticket may be
extended for not more than three months from the date shown on such certificate. In
such circumstances, we will similarly extend the period of validity of Tickets of
other members of your immediate family accompanying you.
3.2.4 In the event of death of a Passenger en route, the Tickets of persons accompanying
the Passenger may be modified by waiving the minimum stay or extending the
validity. In the event of a death in the immediate family of a Passenger who has
commenced travel, the validity of the Passenger's Tickets and those of his or her
immediate family who are accompanying the Passenger may likewise be modified.
Any such modification shall be made upon receipt of a valid death certificate and
any such extension of validity shall not be for a period longer than forty-five (45)
Days from the date of the death.
3.3 COUPON SEQUENCE AND USE
3.3.1 The Ticket you have purchased is valid only for the transportation as shown on the
Ticket, from the place of departure via any Agreed Stopping Places to the final
destination. The fare you have paid is based upon our Tariff and is for the
transportation as shown on the Ticket. It forms an essential part of our contract
with you. The Ticket will not be honoured and will lose its validity if all the
Coupons are not used in the sequence provided in the Ticket.
3.3.2 Should you wish to change any aspect of your transportation you must contact us in
advance. The fare for your new transportation will be calculated and you will be
given the option of accepting the new price or maintaining your original
transportation as ticketed. Should you be required to change any aspect of your
transportation due to Force Majeure, you must contact us as soon as practicable and
we will use reasonable efforts to transport you to your next Stopover or final
destination, without recalculation of the fare.
3.3.3 Should you change your transportation without our agreement, we will assess the
correct price for your actual travel. You will have to pay any difference between
the price you have paid and the total price applicable for your revised
transportation. We will refund you the difference if the new price is lower, but
otherwise your unused Coupons have no value.
3.3.4 Please be aware that while some types of changes will not result in a change of fare,
others, such as changing the place of departure (for example, if you do not fly the
first segment) or reversing the direction you travel, can result in an increase in
price. Many special fares are valid only on the dates and for the flights shown on
the Ticket and may not be changed at all, or may be changed only upon payment of
an additional fee.
3.3.5 Each Flight Coupon contained in your Ticket will be accepted for carriage in the
class of service on the date and flight for which space has been reserved. When a
Ticket is originally issued without a reservation being specified, space may be later
reserved subject to our Tariff and the availability of space on the flight requested.
3.3.6 Please be advised that in the event you do not show up for any flight without
advising us in advance, we may cancel your return or onward reservations.
However, if you do advise us in advance, we will not cancel your subsequent flight
reservations.
3.4 NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the
Ticket. Our address is Luqa Airport, LQA05, Malta.
ARTICLE 4 –FARES, TAXES, FEES AND CHARGES
4.1 FARES
Fares apply only for carriage from the airport at the point of origin to the airport at
the point of destination, unless otherwise expressly stated. Fares do not include
ground transport service between airports and between airports and town terminals.
Your fare will be calculated in accordance with our Tariff in effect on the date of
payment of your ticket for travel on the specific dates and itinerary shown on it.
Should you change your itinerary or dates of travel, this may change the fare to be
paid.
4.2 TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by government or other authority, or by
the operator of an airport, shall be payable by you. At the time you purchase your
Ticket, you will be advised of taxes, fees and charges not included in the fare, most
of which will normally be shown separately on the Ticket. The taxes, fees and
charges imposed on air travel are constantly changing and can be imposed after the
date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the
Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is
imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the
event any taxes, fees or charges which you have paid to us at the time of Ticket
issuance are abolished or reduced such that they no longer apply to you, or a lesser
amount is due, you will be entitled to claim a refund.
4.3 CURRENCY
Fares, taxes, fees and charges are payable in the currency of the country in which
the Ticket is issued, unless another currency is indicated by us or our Authorised
Agent at or before the time payment is made (for example, because of the
non-convertibility of the local currency). We may, at our discretion, accept payment
in another currency.
ARTICLE 5 - RESERVATIONS
5.1 RESERVATION REQUIREMENTS
5.1.1 We or our Authorised Agent will record your reservation(s). Upon request we will
provide you with written confirmation of your reservation(s).
5.1.2 Certain fares have conditions which limit or exclude your right to change or cancel
reservations.
5.2 TICKETING TIME LIMITS
If you have not paid for the Ticket prior to the specified ticketing time limit, as
advised by us or our Authorised Agent, we may cancel your reservation.
5.3 PERSONAL DATA
You recognise that personal data has been given to us for the purposes of: making a
reservation, purchasing a Ticket, obtaining ancillary services, developing and
providing services, facilitating immigration and entry procedures, and making
available such data to government agencies, in connection with your travel. For
these purposes, you authorise us to retain and use such data and to transmit it to our
own offices, Authorised Agents, government agencies, other Carriers or the
providers of the above-mentioned services.
5.4 SEATING
We will endeavour to honour advance seating requests. However, we cannot
guarantee any particular seat. We reserve the right to assign or reassign seats at any
time, even after boarding of the aircraft. This may be necessary for operational,
safety or security reasons.
5.5 RECONFIRMATION OF RESERVATIONS
5.5.1 Onward or return reservations may be subject to the requirement to reconfirm the
reservations within specified time limits. We will advise you when we require
reconfirmation, and how and where it should be done. If it is required and you fail
to reconfirm, we may cancel your onward or return reservations. However, if you
advise us you still wish to travel, and there is space on the flight, we will reinstate
your reservations and transport you. If there is no space on the flight we will use
reasonable efforts to transport you to your next or final destination.
5.5.2 You should check the reconfirmation requirements of any other Carriers involved
in your journey with them. Where it is required, you must reconfirm with the
Carrier whose code appears for the flight in question on the Ticket.
5.6 CANCELLATION OF ONWARD RESERVATIONS
Please be advised that if you do not show up for any flight without advising us in
advance, we may cancel your return or onward reservations. However, if you do
advise us in advance, we will not cancel your subsequent flight reservations.
ARTICLE 6 - CHECK-IN AND BOARDING
6.1 Check-in Deadlines are different at every airport and we recommend that you
inform yourself about these Check-in Deadlines and honour them. Your journey
will be smoother if you allow yourself ample time to comply with the Check-in
Deadlines. We reserve the right to cancel your reservation if you do not comply
with the Check-in Deadlines indicated. We or our Authorised Agents will advise
you of the Check-in Deadline for your first flight on us. For any subsequent flights
in your journey, you should inform yourself of the Check-in Deadlines. Check-in
Deadlines for our flights can be found in our timetable, or may be obtained from us
or our Authorised Agents.
6.2 You must be present at the boarding gate not later than the time specified by us
when you check in.
6.3 We may cancel the space reserved for you if you fail to arrive at the boarding gate
in time.
6.4 We will not be liable to you for any loss or expense incurred due to your failure to
comply with the provisions of this Article.
ARTICLE 7 - REFUSAL AND LIMITATION OF CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE
In the reasonable exercise of our discretion, we may refuse to carry you or your
Baggage if we have notified you in writing that we would not at any time after the
date of such notice carry you on our flights. In this circumstance you will be
entitled to a refund. We may also refuse to carry you or your Baggage if one or
more of the following have occurred or we reasonably believe may occur:
7.1.1 such action is necessary in order to comply with any applicable government laws,
regulations, or orders;
7.1.2 the carriage of you or your Baggage may endanger or affect the safety, health, or
materially affect the comfort of other passengers or crew;
7.1.3 your mental or physical state, including your impairment from alcohol or drugs,
presents a hazard or risk to yourself, to passengers, to crew, or to property;
7.1.4 you have refused to submit to a security check;
7.1.5 you have not paid the applicable fare, taxes, fees or charges;
7.1.6 you do not appear to have valid travel documents, may seek to enter a country
through which you may be in transit, or for which you do not have valid travel
documents, destroy your travel documents during flight or refuse to surrender your
travel documents to the flight crew, against receipt, when so requested;
7.1.7 you present a Ticket that has been acquired unlawfully, has been purchased from an
entity other than us or our Authorised Agent, has been reported as being lost or
stolen, or is a counterfeit, or you cannot prove that you are the person named in the
Ticket;
7.1.8 you have failed to comply with the requirements set forth in Article 3.3 above
concerning coupon sequence and use, or you present a Ticket which has been
issued or altered in any way, other than by us or our Authorised Agent, or the
Ticket is mutilated;
7.1.9 you fail to observe our instructions with respect to safety or security;
7.1.10 you have previously committed one of the acts or omissions referred to above, and
we have reason to believe that you may do so again.
7.2 SPECIAL ASSISTANCE
Acceptance for carriage of unaccompanied children, incapacitated persons,
pregnant women, persons with illness or other people requiring special assistance is
subject to prior arrangement with us. Passengers with disabilities who have advised
us of any special requirements they may have at the time of ticketing, and been
accepted by us, shall not subsequently be refused carriage on the basis of such
disability or special requirements.
ARTICLE 8 -BAGGAGE
8.1 FREE BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject to our conditions and
limitations, which are available upon request from us or our Authorised Agents.
8.2 EXCESS BAGGAGE
You will be required to pay a charge for carriage of Baggage in excess of the free
Baggage allowance. These rates are available from us upon request.
8.3 ITEMS UNACCEPTABLE AS BAGGAGE
8.3.1 You must not include in your Baggage:
8.3.1.1 items which are likely to endanger the aircraft or persons or property on board the
aircraft, such as those specified in the International Civil Aviation Organisation
(ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air
and the International Air Transport Association (IATA) Dangerous Goods
Regulations, and in our regulations (further information is available from us on
request);
8.3.1.2 items the carriage of which is prohibited by the applicable laws, regulations or
orders of any state to be flown from or to;
8.3.1.3 items which are reasonably considered by us to be unsuitable for carriage because
they are dangerous or unsafe, or because of their weight, size, shape or character, or
because they are fragile or perishable having regard to, among other things, the type
of aircraft being used. Information about unacceptable items is available upon
request.
8.3.2 Firearms and ammunition other than for hunting and sporting purposes are
prohibited from carriage as Baggage. Firearms and ammunition for hunting and
sporting purposes may be accepted as Checked Baggage. Firearms must be
unloaded, with the safety catch on, and suitably packed. Carriage of ammunition is
subject to ICAO and IATA regulations as specified in Article 8.3.1.1.
8.3.3 Weapons such as antique firearms, swords, knives and similar items may be
accepted as Checked Baggage, at our discretion, but will not be permitted in the
cabin of the aircraft.
8.3.4 You must not include in Checked Baggage money, jewellery, precious metals,
computers, personal electronic devices, negotiable papers, securities or other
valuables, business documents, passports and other identification documents or
samples.
8.3.5 If, despite being prohibited, any items referred to in Articles 8.3.1, 8.3.2 and 8.3.4
are included in your Baggage, we shall not be responsible for any loss or damage to
such items.
8.4 RIGHT TO REFUSE CARRIAGE
8.4.1 Subject to Articles 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items
described in Article 8.3, and we may refuse further carriage of any such items upon
discovery.
8.4.2 We may refuse to carry as Baggage any item reasonably considered by us to be
unsuitable for carriage because of its size, shape, weight, content or character, or
for safety or operational reasons, or in the interests of the comfort of other
passengers. Information about unacceptable items is available upon request.
8.4.3 We may refuse to accept Baggage for carriage unless it is in our reasonable opinion
properly and securely packed in suitable containers. Information about packing and
containers unacceptable to us is available upon request.
8.5 RIGHT OF SEARCH
For reasons of safety and security we may request that you permit a search and scan
of your person and a search, scan or x-ray of your Baggage. If you are not
available, your Baggage may be searched in your absence for the purpose of
determining whether you are in possession of or whether your Baggage contains
any item described in Article 8.3.1 or any firearms, ammunition or weapons which
have not been presented to us in accordance with Articles 8.3.2 or 8.3.3. If you are
unwilling to comply with such request we may refuse to carry you and your
Baggage. In the event a search or scan causes Damage to you, or an x-ray or scan
causes damage to your Baggage, we shall not be liable for such Damage unless due
to our fault or negligence.
8.6 CHECKED BAGGAGE
8.6.1 Upon delivery to us of your Baggage which you wish to check, we will take
custody of, and issue a Baggage Identification Tag for, each piece of your Checked
Baggage.
8.6.2 Checked Baggage must have your name or other personal identification affixed to
it.
8.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft as you,
unless we decide for safety, security or operational reasons to carry it on an
alternative flight. If your Checked Baggage is carried on a subsequent flight we will
deliver it to you, unless applicable law requires you to be present for customs
clearance.
8.7 UNCHECKED BAGGAGE
8.7.1 We may specify maximum dimensions and/or weight for Baggage which you carry
on to the aircraft. If we have not done so, Baggage which you carry onto the aircraft
must fit under the seat in front of you or in an enclosed storage compartment in the
cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of
excessive weight, or is considered unsafe for any reason, it must be carried as
Checked Baggage, subject to Articles 8.2 and 8.3.
8.7.2 Objects not suitable for carriage in the cargo compartment (such as delicate musical
instruments), and which do not meet the requirements in Article 8.7.1 above, will
only be accepted for carriage in the cabin compartment if you have given us notice
in advance and permission has been granted by us. You may be required to pay a
separate charge for this service.
8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.8.1 Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon
as it is made available at your destination or Stopover. Should you not collect it
within a reasonable time, we may charge you a storage fee. Should your Checked
Baggage not be claimed within three (3) months of the time it is made available, we
may dispose of it without any liability to you.
8.8.2 Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to
delivery of the Checked Baggage.
8.8.3 If a person claiming Checked Baggage is unable to produce the Baggage Check and
identify the Baggage by means of a Baggage Identification Tag, we will deliver the
Baggage to such person only on condition that he or she establishes to our
satisfaction his or her right to the Baggage.
8.9 ANIMALS
We reserve the right, at our absolute discretion, to refuse to carry any animals. If
we agree to carry any animals they will be carried subject to the following
conditions:
8.9.1 You shall ensure that animals such as dogs, cats, household birds and other pets,
are properly crated (or carried in a container complying with any applicable legal
requirements) and accompanied by valid health and vaccination certificates, entry
permits, and other documents required by countries of entry or transit, failing which
they will not be accepted for carriage. Such carriage may be subject to additional
conditions specified by us, which are available on request.
8.9.2 If accepted as Baggage, the animal, together with its container and food, shall not
be included in your free Baggage allowance, but shall constitute excess baggage,
for which you will be obliged to pay the applicable rate.
8.9.3 Guide dogs accompanying Passengers with disabilities will be carried free of
charge in addition to the normal free baggage allowance, subject to conditions
specified by us, which are available on request.
8.9.4 Where carriage is not subject to the liability rules of the Convention, we are not
responsible for injury to or loss, sickness or death of an animal which we have
agreed to carry unless we have been negligent.
8.9.5 We will have no liability in respect of any such animal not having all the necessary
exit, entry, health and other documents with respect to the animal's entry into or
passage through any country, state or territory and the person carrying the animal
must reimburse us for any fines, costs, losses or liabilities reasonably imposed or
incurred by us as a result.
8.10 ITEMS REMOVED BY AIRPORT SECURITY PERSONNEL
We will not be responsible for, or have any liability in respect of, articles removed
from your Baggage by airport security personnel acting in accordance with any
applicable regulations.
ARTICLE 9 - SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS
9.1 SCHEDULES
9.1.1 The flight times shown in timetables may change between the date of publication
and the date you actually travel. We do not guarantee them to you and they do not
form part of your contract with us.
9.1.2 Before we accept your booking, we will notify you of the scheduled flight time in
effect as of that time, and it will be shown on your Ticket. It is possible we may
need to change the scheduled flight time subsequent to issuance of your Ticket. If
you provide us with contact information, we will endeavour to notify you of any
such changes. If, after you purchase your Ticket, we make a significant change to
the scheduled flight time, which is not acceptable to you, and we are unable to book
you on an alternate flight which is acceptable to you, you will be entitled to a
refund in accordance with Article 10.2. You shall therefore provide us with your
contact details at time of reservation.
9.2 CANCELLATION, REROUTING, DELAYS, ETC.
9.2.1 We will take all necessary measures to avoid delay in carrying you and your
Baggage. In the exercise of these measures and in order to prevent a flight
cancellation, in exceptional circumstances we may arrange for a flight to be
operated on our behalf by an alternative carrier and/or aircraft.
9.2.2 Except as otherwise provided by the Convention, if we cancel a flight, fail to
operate a flight reasonably according to the schedule, fail to stop at your destination
or Stopover destination, or cause you to miss a connecting flight on which you hold
a confirmed reservation, we shall, at your option, either:
9.2.2.1 carry you at the earliest opportunity on another of our scheduled services on which
space is available without additional charge and, where necessary, extend the
validity of your Ticket; or
9.2.2.2 within a reasonable period of time re-route you to the destination shown on your
Ticket by our own services or those of another carrier, or by other mutually agreed
means and class of transportation without additional charge. If the fare and charges
for the revised routing are lower than what you have paid, we shall refund the
difference; or
9.2.2.3 make a refund in accordance with the provisions of Article 10.2.
9.2.3 Upon the occurrence of any of the matters set out in Article 9.2.2, except as
otherwise provided by the Convention or applicable law (including in particular EC
Regulation 261/2004), the options outlined in Article 9.2.2.1 to 9.2.2.3 are the sole
and exclusive remedies available to you and we shall have no further liability to
you.
9.3 DENIED BOARDING COMPENSATION
If we are unable to provide previously confirmed space, we shall provide
compensation to those Passengers denied boarding in accordance with applicable
law and our denied boarding compensation policy. A copy of our denied boarding
compensation policy is available upon request.
ARTICLE 10 -REFUNDS
10.1 We will refund a Ticket or any unused portion, in accordance with the applicable
fare rules or Tariff, as follows:
10.1.1 Except as otherwise provided in this Article, we shall be entitled to make a refund
either to the person named in the Ticket or to the person who has paid for the
Ticket, upon presentation of satisfactory proof of such payment.
10.1.2 If a Ticket has been paid for by a person other than the Passenger named in the
Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a
refund only to the person who paid for the Ticket, or to that person's order.
10.1.3 Except in the case of a lost Ticket, refunds will only be made on surrender to us of
the Ticket and all unused Flight Coupons.
10.2 INVOLUNTARY REFUNDS
10.2.1 If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to
stop at your destination or Stopover, or cause you to miss a connecting flight on
which you hold a reservation, the amount of the refund shall be:
10.2.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid;
10.2.1.2 if a portion of the Ticket has been used, not less than the difference between the
fare paid and the applicable fare for travel between the points for which the Ticket
has been used.
10.3 VOLUNTARY REFUNDS
10.3.1 If you are entitled to a refund of your Ticket for reasons other than those set out in
Article 10.2, the amount of the refund shall be:
10.3.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid, less any
reasonable service charges or cancellation fees;
10.3.1.2 if a portion of the Ticket has been used, an amount equal to the difference between
the fare paid and the applicable fare for travel between the points for which the
Ticket has been used, less any reasonable service charges or cancellation fees.
10.4 REFUND ON LOST TICKET
10.4.1 If you lose your Ticket or portion of it, upon your furnishing us with satisfactory
proof of the loss, and paying a reasonable administration charge, refund will be
made as soon as practicable after the expiry of the validity period of the Ticket, on
condition:
10.4.1.1 that the lost Ticket, or portion of it, has not been used, previously refunded or
replaced (except where the use, refund or replacement by or to a third party resulted
from our own negligence).
10.4.1.2 that the person to whom the refund is made undertakes, in such form as may be
prescribed by us, to repay to us the amount refunded in the event of fraud and/or to
the extent that the lost Ticket or portion of it is used by a third party (except where
any fraud or use by a third party resulted from our own negligence).
10.4.2 If we or our Authorised Agent lose the Ticket or a portion of it, the loss shall be our
responsibility.
10.5 RIGHT TO REFUSE REFUND
10.5.1 We may refuse a refund where application is made after the expiry of the validity of
the Ticket.
10.5.2 We may refuse a refund on a Ticket which has been presented to us, or to
Government officials, as evidence of intention to depart from that country, unless
you establish to our satisfaction that you have permission to remain in the country
or that you will depart from that country by another carrier or another means of
transport.
10.6 CURRENCY
We reserve the right to make a refund in the same manner and the same currency
used to pay for the Ticket.
10.7 BY WHOM TICKET REFUNDABLE
Voluntary refunds will be made only by the carrier which originally issued the
Ticket or by its agent if so authorised.
ARTICLE 11 - CONDUCT ABOARD AIRCRAFT
11.1 GENERAL
If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to
endanger the aircraft or any person or property on board, or obstruct the crew in the
performance of their duties, or fail to comply with any instructions of the crew,
including but not limited to those with respect to smoking, alcohol or drug
consumption, or behave in a manner which causes discomfort, inconvenience,
damage or injury to other passengers or the crew, we may take such measures as we
deem reasonably necessary to prevent continuation of such conduct, including
restraint. You may be disembarked and refused onward carriage at any point, and
may be prosecuted for offences committed on board the aircraft.
11.2 PAYMENT OF DIVERSION COSTS
If, as a result of conduct by you of the sort mentioned in Article 11.1 we decide, in
the exercise of our reasonable discretion, to divert the aircraft for the purpose of
offloading you, you must pay all costs resulting from that diversion.
11.3 ELECTRONIC DEVICES
For safety reasons, we may forbid or limit operation aboard the aircraft of
electronic equipment, including, but not limited to, cellular telephones, laptop
computers, portable recorders, portable radios, CD players, electronic games or
transmitting devices, including radio controlled toys and walkie-talkies. Operation
of hearing aids and heart pacemakers is permitted.
ARTICLE 12 - ARRANGEMENTS FOR ADDITIONAL SERVICES
12.1 If we make arrangements for you with any third party to provide any services other
than carriage by air, or if we issue a ticket or voucher relating to transportation or
services (other than carriage by air) provided by a third party such as hotel
reservations or car rental, in doing so we act only as your agent. The terms and
conditions of the third party service provider will apply.
12.2 If we are also providing surface transportation to you, other conditions may apply
to such surface transportation. Such conditions are available from us upon request.
ARTICLE 13 -ADMINISTRATIVE FORMALITIES
13.1 GENERAL
13.1.1 You are responsible for obtaining all required travel documents and visas and for
complying with all laws, regulations, orders, demands and travel requirements of
countries to be flown from, into or through which you transit.
13.1.2 We shall not be liable for the consequences to any Passenger resulting from his or
her failure to obtain such documents or visas or to comply with such laws,
regulations, orders, demands, requirements, rules or instructions.
13.2 TRAVEL DOCUMENTS
Prior to travel, you must present all exit, entry, health and other documents required
by law, regulation, order, demand or other requirement of the countries concerned,
and permit us to take and retain copies thereof. We reserve the right to refuse
carriage if you have not complied with these requirements, or your travel
documents do not appear to be in order.
13.3 REFUSAL OF ENTRY
If you are denied entry into any country, you will be responsible to pay any fine or
charge assessed against us by the Government concerned and for the cost of
transporting you from that country. The fare collected for carriage to the point of
refusal or denied entry will not be refunded by us.
13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
If we are required to pay any fine or penalty or to incur any expenditure by reason
of your failure to comply with laws, regulations, orders, demands or other travel
requirements of the countries concerned or to produce the required documents, you
shall reimburse us on demand any amount so paid or expenditure so incurred. We
may apply towards such payment or expenditure the value of any unused carriage
on your ticket, or any of your funds in our possession.
13.5 CUSTOMS INSPECTION
If required, you shall attend inspection of your Baggage, by customs or other
Government officials. We are not liable to you for any loss or damage suffered by
you in the course of such inspection or through your failure to comply with this
requirement.
13.6 SECURITY INSPECTION
You shall submit to any security checks by Governments, airport officials, Carriers
or by us.
ARTICLE 14 - SUCCESSIVE CARRIERS
Carriage to be performed by us and other Carriers under one Ticket or a Conjunction Ticket is
regarded as a single operation for the purposes of the Convention. However, your attention is
drawn to Article 15.5.1.
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ARTICLE 15 - LIABILITY FOR DAMAGE
15.1 APPLICABILITY
The liability of each carrier involved in your journey will be determined by its own
conditions of carriage. Our liability provisions are as follows:
15.2 APPLICABLE RULES
The rules applicable to our liability shall be as provided by:
- the Convention, to the extent it applies;
- EC Regulation 2027/97 as amended by EC Regulation 889/2002 (when such
amendment is effective); and
- to the extent not inconsistent with the above, applicable national law.
15.3 DEATH OF OR INJURY TO PASSENGERS
15.3.1 There shall be no artificial limit to the amount of our liability for death, wounding or
bodily injury suffered by a Passenger in the event of an accident on board the
aircraft or in the course of embarking or disembarking.
15.3.2 For any damages up to the sum of the equivalent of 100,000 Special Drawing
Rights, we shall not exclude or limit our liability by proving that we and our agents
have taken all necessary measures to avoid the damage or that it was impossible for
us or our agents to take such measures.
15.3.3 Above the level of 100,000 Special Drawing Rights we shall be entitled to the
defences available under the Convention.
15.3.4 Notwithstanding the provisions of Article 15.3.2, if we prove that the damage was
caused by, or contributed to by, the negligence of the injured or deceased Passenger,
we may be exonerated wholly or partly from our liability in accordance with
applicable law.
15.3.5 We shall, without delay, and in any event not later than fifteen days after the identity
of the natural person entitled to compensation has been established, make such
advance payments as may be required to meet immediate economic needs on a
basis proportionate to the hardship suffered. Such payment shall be of an amount
not less than the equivalent of 15,000 Special Drawing Rights (or 16,000 when EC
Regulation 889/2002 has come into effect) per Passenger in the event of death.
15.3.6 An advance payment shall not constitute recognition of liability and may be offset
against any subsequent sums paid on the basis of our liability, but is not returnable,
except in the cases described in Article 15.3.4 or in circumstances where it is
subsequently proved that the person who received the advance payment caused, or
contributed to, the damage by negligence or was not the person entitled to
compensation.
15.3.7 We are not responsible for any illness, injury or disability, including death,
attributable to your physical condition or for the aggravation of such condition.
15.4 BAGGAGE
15.4.1 Except in the case of an act or omission done with intent to cause damage or
recklessly and with knowledge that damage would probably result, our liability in
the case of damage to Baggage shall be limited as provided by the Convention:
- where the Warsaw Convention applies, the limit will normally be 17 Special
Drawing Rights per kilo for Checked Baggage and 332 Special Drawing Rights
for Unchecked Baggage;
- where the Montreal Convention applies, the limit will be 1,000 Special Drawing
Rights per Passenger (for both Checked and Unchecked Baggage);
provided that if in accordance with applicable law different limits of liability are
applicable such different limits shall apply. If the weight of your Checked Baggage
is not recorded on the baggage check, it is presumed that the total weight of the
Checked Baggage does not exceed the applicable free baggage allowance for the
class of carriage concerned.
15.4.1 If at the time that your checked baggage is handed over to the Carrier, you have
made a special declaration of interest in delivery at destination and have paid the
supplementary sum, the liability of the Carrier shall be the sum not exceeding the
declared sum, unless it is proved that the sum is greater than your actual interest in
delivery at destination.
15.4.2 We will not be liable for damage to Unchecked Baggage unless such damage is
caused by our negligence.
15.4.3 We are not liable for any damage caused by your Baggage. You shall be
responsible for any damage caused by your Baggage to other persons or property,
including our property.
15.4.4 We shall have no liability whatsoever for damage to articles not permitted to be
contained in Checked Baggage under Article 8.3, including fragile or perishable
items, items having a special value, such as money, jewellery, precious metals,
computers, personal electronic devices, negotiable papers, securities, or other
valuables, business documents, passports and other identification documents, or
samples.
15.5 GENERAL
15.5.1 If we issue a ticket or if we check Baggage for carriage on another carrier, we do so
only as agent for the other Carrier. Nevertheless, with respect to Checked Baggage,
you may make a claim against the first or last Carrier.
15.5.2 We are not liable for any damage arising from our compliance with or your failure
to comply with applicable laws or Government rules and regulations.
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15.5.3 Except as may be specifically provided otherwise in these Conditions of Carriage or
by applicable law, we shall be liable to you only for recoverable compensatory
damages for proven losses.
15.5.4 The contract of carriage, including these Conditions of Carriage and exclusions or
limits of liability, applies to our authorised agents, servants, employees and
representatives to the same extent as it and they apply to us. The total amount
recoverable from us and from such authorised agents, employees, representatives
and persons shall not exceed the amount of our own liability, if any.
15.5.5 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of
our liability under the Convention or applicable laws unless otherwise expressly
stated.
15.5.6 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of
our liability or any defence available to us under the Convention or applicable laws
as against any public social insurance body or any person who is liable to pay
compensation or has paid compensation in respect of the death, wounding or other
bodily injury of a Passenger.
ARTICLE 16 - TIME LIMITATION ON CLAIMS AND ACTIONS
16.1 NOTICE OF CLAIMS
Acceptance of Baggage by the bearer of the Baggage Check without complaint at
the time of delivery is sufficient evidence that the Baggage has been delivered in
good condition and in accordance with the contract of carriage, unless you prove
otherwise.
If you wish to file a claim or an action regarding Damage to Checked Baggage, you
must notify us as soon as you discover the Damage, and at the latest, within seven
(7) Days of receipt of the Baggage. If you wish to file a claim or an action
regarding delay of Checked Baggage, you must notify us within twenty-one (21)
Days from the date the Baggage has been placed at your disposal. Every such
notification must be made in writing.
16.2 LIMITATION OF ACTIONS
Any right to damages shall be extinguished if an action is not brought within two
years of the date of arrival at destination, or the date on which the aircraft was
scheduled to arrive, or the date on which the carriage stopped. The method of
calculating the period of limitation shall be determined by the law of the court
where the case is heard.
ARTICLE 17 - OTHER CONDITIONS
Carriage of you and your Baggage is also provided in accordance with certain other
regulations and conditions applying to or adopted by us. These regulations and conditions as
varied from time to time are important. They concern among other things:
(i) the carriage of unaccompanied minors, pregnant women, and sick passengers,
(ii) restrictions on use of electronic devices and items;
(iii) the on board consumption of alcoholic beverages.
Regulations concerning these matters are available from us upon request.
ARTICLE 18 – INTERPRETATION
The title of each Article of these Conditions of Carriage is for convenience only, and is not to
be used for interpretation of the text.
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