Conditions of Carriage

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Conditions of Carriage

Article 1 - Definitions

  • In these Conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say:

  • Agreed Stopping Places, for the purposes of the Convention and of these Conditions, (which may be altered by Carrier in accordance with Article 10) means those places, except the place of departure and the place of destination, set forth in the ticket or as shown in Carrier's timetables as scheduled stopping places on the passenger's route. Baggage means such articles, effects and other personal property of a passenger as are necessary or appropriate for his wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger.

  • Baggage Check means those portions of the ticket which relate to the carriage of passenger's checked baggage. Baggage Identification Tag means a document issued by Carrier solely for identification of checked baggage. Banning Notice means a written notice given to a person by Carrier informing him that he is banned from travelling on all of Carriers flights.

  • Carrier includes the air carrier issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his baggage thereunder or perform or undertake to perform any other services related to such air carriage. Carrier's Regulations means rules, other than these Conditions, published by Carrier and in effect on date of commencement of carriage, governing carriage of passengers and/or baggage and shall include applicable tariffs in force. Checked Baggage means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage check.

  • Conjunction Ticket means a ticket issued to a passenger in conjunction with 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 (Warsaw Convention); or the Warsaw Convention as amended at The Hague on 28 September 1955. Damage includes death, injury, delay, loss, partial l oss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto. Days means 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 that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted. Electronic Coupon means an electronic Flight Coupon or other value document held in Carrier's database. Electronic Ticket means the Itinerary/Receipt issued by or on behalf of Carrier, 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 passengers is entitled to be carried. Itinerary/Receipt means a document or documents forming part of the electronic ticket which includes the information and notices required under the Convention and as otherwise required. Normal Fare means the highest fare established for a first, intermediate or economy/tourist class service during the period of applicability. Passenger means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.

  • Passenger Coupon or Passenger Receipt means that portion of the ticket issued by or on behalf of Carrier, which is so marked and which ultimately is to be retained by the passenger. Special Fare means a fare other than the normal fare. SDRs mean Special Drawing Rights as defined by the International Monetary Fund. Stopover means a deliberate interruption of the journey by the passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by Carrier. Ticket means either the document entitled ?Passenger Ticket and Baggage Check?, or the Electronic Ticket, in each case issued by or on behalf of Carrier, and including Conditions of Contract, notices and the Coupons contained in it. Unchecked Baggage means any baggage of the passenger other than checked baggage.

Article 2 - Applicability

    1. General
      • These Conditions are the Carrier's Conditions of Carriage referred to in the ticket and, except as provided in Paragraphs 3, 4 and 5 of this Article, apply to all carriage by air of passengers and baggage, including services incidental thereto, performed by Carrier for reward.

      • These Conditions also apply to gratuitous and reduced fare carriage except to the extent that Carrier has provided otherwise in its Regulations or in the relevant contracts, passes or tickets.

      • Please consider this when packing your baggage and kindly ensure that any item exceeding the above limitations is sent as checked baggage.

      • These Conditions and Carrier's Regulations, fares and charges are subject to change without notice; provided that no such change shall apply after the carriage hereunder has commenced. The fares and charges applicable to the carriage are those in effect at the date of commencement of carriage covered by the first flight coupon of the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt, except as otherwise provided in Carrier's Regulations.

    2. Charters

      If Carriage is performed pursuant to a charter agreement, the Charter Regulations (if any) of Carrier shall be applicable thereto and these Conditions apply only to the extent provided in the said Charter Regulations. Where there are no Charter Regulations applicable, these Conditions shall apply to such Carriage in so far as they are not excluded by or inconsistent with the terms of the charter agreement and the charter ticket. The passenger, by accepting the Carriage pursuant to the said charter agreement, whether or not concluded with the passenger, agrees to be bound by the applicable provisions of such agreement.

    3. Overriding Law

      To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention where applicable and in any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.

    4. Conditions Prevail Over Regulations

      Save as provided herein, in the event of inconsistency between these Conditions and Carrier's Regulations, these Conditions shall prevail, except where tariffs in force in the United States or Canada apply, in which case the tariffs shall prevail.

Article 3 - Tickets

    1. Ticket Prima Facie Evidence of Contract

      The ticket constitutes prima facie evidence of the contract of carriage between Carrier and the passenger named on the ticket. Carrier will provide carriage only to the passenger holding such ticket, or holding, as proof of payment or part payment, any other Carrier document issued by Carrier or its Authorized Agent. The ticket is and remains at all times the property of the issuing Carrier. The Conditions of Contract contained in the ticket are a summary of some of the provisions of these Conditions of Carriage.

    2. Requirement for Ticket

      Except in the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person presents a ticket valid and duly issued in accordance with Carrier's Regulations and containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Carrier or its Authorized Agent. In the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person provides positive identification and has a ticket valid and duly issued in accordance with Carrier's Regulations and contained in Carrier's database.

    3. Loss, etc. of Ticket

      In case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, the issuing Carrier may at the passenger's request and subject to Carrier's Regulations replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to Carrier that a ticket valid for the flights in question was duly issued, provided that the passenger undertakes in such form as may be prescribed by Carrier to pay to Carrier the fare or charges as applicable to the new ticket, and to the extent, that the lost or missing ticket or the missing flight coupons are used by any person, or that refund in respect thereof is made to any person.

    4. Ticket not Transferable

      A ticket is not transferable. If someone other than the person entitled to be carried on a ticket travels pursuant to that ticket or is given a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage, or makes a refund. If a ticket is presented by someone other than the person entitled to be carried thereunder or to a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage or makes a refund to the person presenting the ticket. Further, if a ticket were to be used by any person other than the person entitled to be carried, with or without the knowledge and/or consent of the person entitled to be carried, Carrier is not liable for the death or injury to or delay in the carriage of such person or for the destruction, loss or damage to or delay in the carriage of such person's baggage or other personal property arising from or in connection with such use.

      Further, if a ticket were to be used by any person other than the person entitled to be carried, with or without the knowledge and/or consent of the person entitled to be carried, Carrier is not liable for the death or injury to or delay in the carriage of such person or for the destruction, loss or damage to or delay in the carriage of such person's baggage or other personal property arising from or in connection with such use.

    5. Changes Requested by Passenger

      Changes to the ticket requested by the passenger will be subject to Carrier's Regulations.

    6. Period of Validity

      A ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof, except as otherwise provided in the ticket based on any special fare conditions.

    7. Extension of Validity

      If a passenger is prevented from travelling within the period of validity of the ticket because Carrier:

      • Cancels the flight on which the passenger holds a reservation; or

      • Omits a scheduled stop, being the passenger's place of departure, place of destination or a stopover; or

      • Fails to operate a flight reasonably according to schedule; or

      • Causes the passenger to miss a connection; or

      • Substitutes a different class of service; or

      • is unable to provide previously confirmed space; the validity of such passenger's ticket will be extended until Carrier's first flight on which space is available in the class of service for which the fare has been paid.

      • A ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof, except as otherwise provided in the ticket based on any special fare conditions.

    8. When a passenger with a normal fare ticket, or a special fare ticket which has the same validity as a normal fare ticket, is prevented from travelling within the period of validity of his ticket because at the time such passenger requests reservations Carrier is unable to provide space on the flight, the validity of such passenger's ticket will be extended until Carrier's first flight on which space is available in the class of service for which the fare has been paid.

    9. Coupon Sequence
      • Carrier will honour flight coupons, or in the case of an electronic ticket, an electronic coupon, only in sequence from the place of departure as shown on the ticket.

      • The ticket may not be valid and Carrier may not honour the passenger's ticket if the first flight coupon, or in the case of an electronic ticket, an electronic coupon, for international travel has not been used and the passenger commences his journey at any stopover or agreed stopping place.

      • specified therein on the date and flight for which accommodation has been reserved. When flight coupons, or in the case of an electronic ticket, an electronic coupon, are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions for the relevant fare and the availability of space on the flight applied for.

      • Where applicable, the passenger coupon and all unused flight coupons not previously surrendered to Carrier shall be retained by the passenger throughout his journey and shall be produced and the applicable flight coupons surrendered to Carrier at Carrier's request.

      • If the passenger fails or has failed to use the flight coupons, or in the case of an electronic ticket, the electronic coupon, in sequence, Carrier is entitled to recompute the fares in accordance with Carrier's Regulations for the use of said coupons and the passenger is liable to pay to Carrier any difference between the recomputed fares and the fares already paid by or due from the passenger.

    10. Name and Address of Carrier

      Carrier's name may be abbreviated in the ticket. Carrier's address shall be deemed to be the airport of departure shown opposite the first abbreviation of Carrier's name in the "CARRIER" box in the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt.

Article 4 - Stopovers

Stopovers may be permitted at agreed stopping places only if arranged with Carrier in advance and provided for in the ticket, and are subject to government requirements, Carrier's Regulations and Carrier's timetables. Additional charges for stopovers will be payable as provided in Carrier's Regulations.

Article 5 - Fares and Charges

      General
    1. Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and town centres, unless Carrier's Regulations provide such ground transport will be furnished without additional charge.

    2. Meals served in the aircraft will be free of charge except as otherwise provided in Carrier's Regulations. Meals other than meals served in the aircraft are not included in the fare and are payable by the passenger except as otherwise provided in Carrier's Regulations.

    3. Applicable Fares

      Applicable fares for carriage governed by these Conditions are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier's Regulations. Subject to government requirements and Carrier's Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt. When the amount that has been collected is not the applicable fare the difference shall be paid by the passenger, or, as the case may be, refunded by Carrier, in accordance with Carrier's Regulations.

      Precedence of Fares

      Unless otherwise provided in Carrier's Regulations, a published fare takes precedence over the combination of intermediate fares applicable to the same class of service between the same points via the same routing.

      Routing

      Unless otherwise provided in Carrier's Regulations, fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing prior to issue of the ticket. If no routing is specified, Carrier may determine the routing.

      Taxes and Charges

      Any tax or charge imposed by government or by local aeronautical authorities or other authority, or by the operator of an airport, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the passenger, except as otherwise provided in Carrier's Regulations.

      Currency

      Subject to applicable law, fares and charges are payable in currency acceptable to Carrier. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the prevailing rate of exchange established for such purpose by Carrier and available for inspection at the relevant Carrier's office.