Your carriage by air
is governed by a contract of carriage between you, the passenger, and us Aurigny
Air Services Limited. This contract is subject to the terms and conditions
stated in the General Conditions of Carriage (referred to as the Conditions
of Carriage) printed below and includes the Regulations, Notices and Tariffs
as also referred to in the Conditions of Carriage.
General Conditions of
Carriage (Passengers & Baggage)
Article 1 Definitions
As you read these conditions,
please note that:
"ourselves" and "us" means Aurigny Air Services Limited.
"your" and "yourself" means any person, except members of
the crew, carried or to be carried in an aircraft. (See also definition for
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.
DESIGNATOR CODE" means the two characters or three letters which
identify particular air carriers which in our case is “GR”.
Aurigny Air Services Limited whose business address is Aurigny Air Services
Limited, States Airport, La Planque Lane, Forest, Guernsey, GY8 0DT, Channel
AGENT" means a passenger sales agent who has been appointed by us to
represent us in the sale of air transportation.
"BAGGAGE" means your personal
property accompanying you in connection with your trip. Unless otherwise
specified, it consists of both your Checked and Unchecked Baggage.
CHECK" means those portions of the Ticket which relate to the carriage
of your Checked Baggage and includes the Baggage Identification Tag.
IDENTIFICATION TAG" means a document issued solely for identification of
means an air carrier other than ourselves whose airline designator code
appears on your Ticket
BAGGAGE" means Baggage of which we take custody and for which we have
issued a Baggage Check.
means the time limit specified by us by which you must have completed
check-in formalities and received your boarding pass.
CARRIAGE" means these Conditions of Carriage for Passengers and Baggage.
TICKET" means a Ticket issued to you with relation to another Ticket
which together constitutes a single contract of carriage.
NUMBER" means the booking reference number you are given by us to
identify each confirmed reservation.
means the Convention for the Unification of Certain Rules for International
Carriage by Air (Montreal, 28 May 1999) (“the Montreal Convention”).
includes death or bodily injury to a Passenger and destruction, loss of or damage
to Baggage, arising out of or in connection with carriage or other services
incidental thereto performed by us.
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.
TICKET" means the Itinerary/Receipt issued by us or on our behalf and,
if applicable, a boarding document.
means any bags carried by passengers over and above their permitted ‘free’
baggage allowance. The current
allowance is clearly stated on the company’s website and will be confirmed at
the time of booking.
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.
means a document or documents we issue to Passengers travelling on Electronic
Tickets that contains the Passenger's name, flight information and notices.
ITEMS” include Late checked-in luggage; Lightweight garment bags; Perishable items and foodstuffs; Any items already in a damaged
condition; ANY electronic items
including all camera equipment and electrical items such as laptops, MP3
players, tools etc.; Glassware and
china; Baby equipment, buggies, car
seats etc.; Sporting goods and their
travel bags including but not limited to golf clubs, windsurfers, skis,
bicycles, sporting weapons, etc.;
Musical instruments and their cases;
Important documents and cash; Any other fragile, valuable or
inadequately packed items not specifically listed.
means any person, except members of the crew, carried or to be carried in an
aircraft with our consent. (See also definition for "you",
"your" and "yourself").
COUPON" 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.
RIGHTS" or “SDRs” 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.
means a scheduled stop on your journey, at a point between the place of
departure and the place of destination.
means the additional baggage allowance granted to students (as confirmed by
student ID cards) over and above their permitted ‘free’ baggage allowance. This should be confirmed with our
reservations department at the time of booking.
means the fares, charges and/or related conditions applicable thereto
means the Electronic Ticket issued by us or on our behalf, and specifying the
names, flight(s) dates timings and routes of the flights you have booked with
BAGGAGE" means any of your Baggage of the Passenger other than Checked
Article 2 Applicability
Except as provided in
Articles 2.2, 2.3 and 2.5, our Conditions of Carriage apply to all carriage
by air of Passengers and Baggage performed by us and to any liability we may
have in relation to that carriage by air.
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.
These Conditions of
Carriage apply to gratuitous carriage except to the extent that we have
provided otherwise in the relevant contracts, passes or Ticket.
SUBJECT TO CHANGE
These Conditions of
Carriage, fares and charges are subject to change without notice; provided
that no such change shall apply after the carriage hereunder has commenced.
2.5 OVERRIDING LAW
These Conditions of
Carriage are applicable unless they are inconsistent with our Tariffs or
applicable law in which event such Tariffs or law shall prevail. If any
provision of these Conditions of Carriage is invalid under the Convention or
any applicable law, the other provisions shall remain valid.
PREVAIL OVER REGULATIONS
Except as provided in
these Conditions of Carriage, in the event of inconsistency between these
Conditions of Carriage and our Regulations , these Conditions of Carriage
Article 3 Tickets
3.1.1 The Ticket
constitutes prima facie evidence of the contract of carriage.
3.1.2 We will provide carriage only to the
Passenger named in the Ticket, and you may be required to produce appropriate
3.1.3 A Ticket is not
3.1.4 Some Tickets
are sold which may be 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
3.1.5 The Ticket is
and remains at all times the property of the issuing carrier.
3.1.6 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
3.2 PERIOD OF
3.2.1 Except as
otherwise provided in the Ticket, 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: (i) one year from the date of
issue; or (ii) 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 If a passenger
is prevented from travelling within the period of validity of his Tickets because we: i) cancel the flight on which
the passenger holds a reservation; or ii) omit a Stopover being the Passenger’s
place of departure, place of destination or place of stopover; or iii) are unable
to provide space that has been reserved, the period of validity of such
Tickets will be extended until our first flight on which space is available
in the class of service for which the fare has been paid.
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 electronic coupon involves 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
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.
3.2.5 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.
3.3 TICKET USE
3.3.1 The fare you have
paid is based upon our Tariff and is for the transportation as shown on the
Ticket from the place of departure via any Agreed Stopping Places to the
final destination and in the sequence stated on the Ticket. It forms an
essential part of our contract with you.
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
3.3.3 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 fares are valid only on the dates and for the flights
shown on the Ticket and may not be changed at all, or only upon payment of an
3.3.4 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
3.3.5 Please be
advised that in the event you do not show up for any flight we may cancel
your return or onward reservations. However, if you do advise us in
advance, and the fare booked allows changes, we will not cancel your subsequent
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 Aurigny Air Services Limited, States
Airport, La Planque Lane, Forest, Guernsey Channel Islands, GY8 0DT.
Article 4 Fares, Taxes, Fees and Charges.
4.1.1 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
4.1.2 Your fare will as
displayed in our reservations system 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 impact the fare to be
4.1.3 A published
fare takes precedence over the combination of intermediate fares applicable
to the same class of service between the same points and via the same routing.
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, some of which may 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. We may apply an administrative fee for
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
5.1.1 We or our
Authorised Agent will record your reservation. You will be provided with written
confirmation of your reservation
5.1.2 Certain fares
have conditions which limit or exclude your right to change or cancel
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
5.3 PERSONAL 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 SEAT ALLOCATION We do not undertake to provide any particular seat in an
aircraft. The Passenger agrees to occupy any seat allocated in the class of
service for which his ticket has been issued.
In the event that a pre-booked and paid for cannot be offered for
operational reasons, a refund of the additional fee will be given.
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
Article 6 Check-in and Boarding
Deadlines are different at every airport and we recommend that you inform
yourself about these Check-in Deadlines and honour them. These are published on our website. We
reserve the right to cancel your reservation if you do not comply with the
Check-in Deadlines indicated.
6.1.2 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 on our website.
6.1.3 You must be
present at the boarding gate not later than the time specified by us when you
check in. We may cancel the space reserved for you if you fail to arrive at
the boarding gate in time and no refund will be issued.
6.1.4 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 and specifically, no refund will be
payable in respect of missed flights due to your failure to arrive before the
Check-In Deadline for your flight.
Article 7 Refusal 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. 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
committed misconduct on a previous flight, and we have reason to believe that
such conduct may be repeated;
7.1.5 you have
refused to submit to a security check;
7.1.6 you have not
paid the applicable fare, taxes, fees or charges;
7.1.7 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;
7.1.8 your ticket has
been purchased from an entity other than us or our Authorised Agent, is a
counterfeit, or you cannot prove that you are the person named in the Ticket;
7.1.9 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
7.1.10 you fail to
observe our instructions with respect to safety or security;
7.1.11 you have
previously committed one of the acts or omissions referred to above.
7.2 CONSEQUENCES OF
REFUSAL TO CARRY OR REMOVAL OF PASSENGER If we have, in the exercise of our
reasonable discretion, refused to carry you, or removed you en route, for any
of the reasons mentioned in Article 7.1, then we may cancel any remaining
unused portion of the Ticket, you will not be entitled to further carriage or
to any refund with respect to any of the sectors covered by the Ticket and we
will not be liable for any consequential loss or damage alleged due to any
such refusal to carry or removal en route.
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 (including the need to be accompanied by specialist
equipment or mobility aids) 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 published on our website or available
from our Authorised Agents. The level of Baggage allowance will generally be
shown on your booking confirmation.
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.
Payment of excess baggage charges does not guarantee the Baggage will travel
on the same flight as the passenger.
8.3 ITEMS UNACCEPTABLE
You must not include
in your Baggage:
8.3.1 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 (lATA) Dangerous Goods
8.3.2 items the
carriage of which is prohibited by the applicable laws, regulations or orders
of any state to be flown from or to;
8.3.3 items which are
reasonably considered by us to be unsuitable for carriage because they are
dangerous, unsafe or by reason of their weight, size, shape or character, or
which are fragile or perishable having regard to, among other things, the
type of aircraft being used.
8.3.4 Firearms and
8.3.5 You must not
include in Checked Baggage money, essential medication, jewellery, precious
metals, computers, personal electronic devices, negotiable papers, securities
or other valuables, business documents, passports and other identification
documents or samples.
8.3.6 If, despite
being prohibited, any items referred to in 8.3 or Limited Release Items are
included in your Baggage, we shall not be responsible for any loss or damage
to such items.
8.4 CARRIAGE OF GOLF
CLUBS or SPECIALIST SPORTING EQUIPMENT Due to the restrictions on space for
baggage, Passengers carrying golf clubs or specialist sporting equipment
between Guernsey, Jersey, Alderney, Southampton and Dinard are required to
deliver these to the airport the day before travel. You should discuss your
requirements with our reservations department at the time of booking.
8.5 RIGHT TO REFUSE
CARRIAGE OF BAGGAGE
8.5.1 We will refuse
to carry as Baggage the items described in 8.3, and we may refuse further
carriage of any such items upon discovery.
8.5.2 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, character, or for
safety or operational reasons, or the comfort of other passengers.
8.5.3 We may refuse
to accept Baggage for carriage unless it is in our reasonable opinion
properly and securely packed in suitable containers.
8.6 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 8.3. 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
8.7 CHECKED BAGGAGE
8.7.1 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.
8.7.2 Checked Baggage
must have your name or other personal identification affixed to it.
8.7.3 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.
8.7.4 Excess and
Student Baggage will only be accepted when space is available. In the event that the Excess or Student
Baggage does not travel with the passenger, the passenger will be responsible
for collecting the baggage from the arrival airport.
8.8 UNCHECKED BAGGAGE
8.8.1 We specify
maximum dimensions and/or weight for Baggage which you carry on to the
aircraft. These are published on our website or can be obtained from our
reservations department. 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.
8.8.2 Objects not
suitable for carriage in the cargo compartment (such as delicate musical
instruments), and which do not meet the requirements in 8.8.1 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 have to pay
a separate charge for this service.
8.9 COLLECTION AND
DELIVERY OF CHECKED BAGGAGE
8.9.1 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.
8.9.2 Only the bearer
of the Baggage Check and Baggage Identification Tag is entitled to delivery
of the Checked Baggage.
8.9.3 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.
8.10 ANIMALS Animals
will only be carried with prior agreement and subject to rules and conditions
applicable to the route flown. Animals will not be carried as part of the
Free Baggage Allowance and will be charged at rates applicable to the route.
Further details are available on request.
8.11 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,
whether or not such items are subsequently retained or destroyed by such
airport security personnel or are passed by them to us.
Article 9 Schedules, Cancellations and Delays
recommends adequate travel insurance. We cannot accept responsibility for the
consequences of any delays, diversions or cancellations due to conditions outside
of our control.
Whilst every effort
is made to ensure that the information contained on this web site is correct,
Aurigny cannot be held responsible for any errors. Aurigny is not liable for
any direct or indirect loss arising from the use of the information on this
web site. Aurigny accepts no liability in respect of bookings made with our
third party suppliers of travel insurance, hotel accommodation or other
9.1.1 The flight
times shown in timetables and on our web site 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 make our
best 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.
REROUTING AND DELAYS
9.2.1 We will take
all reasonable measures to avoid delay in carrying you and your Baggage.
9.2.2 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.
9.2.3 Except as
otherwise provided by the Convention or (when applicable) Regulation (EC)
261/2004, and except for circumstances beyond our control, 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 the Aurigny network on which you hold a confirmed
reservation, we shall, at your option, either: i) 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 ii) 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. or iii) make a refund in accordance with the
provisions of Article 10.
9.2.4 Except as
otherwise provided by the Convention or (when applicable) by Regulation (EC)
261/2004 and as covered in 9.2.3, 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 the
Aurigny network on which you hold a confirmed reservation, we shall 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.
9.2.5 Upon the
occurrence of any of the matters set out in Article 9.2.3 and 9.2.4, except
as otherwise provided by the Convention and Regulation (EC) 261/2004, the
options outlined in Article 9.2.3 to 9.2.4 are the sole and exclusive
remedies available to you and we shall have no further or other liability to
you for any loss howsoever arising.
9.2.6 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.
Article 10 Refunds
In general our
Tickets are non-refundable. We will
only 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 Refunds will
only be made on surrender to us of the Ticket .
10.2 VALUE OF REFUNDS
10.2.1 If you elect
to take a refund, the amount of the refund shall be
if no portion of the Ticket has been used, an amount equal to the fare and
any taxes paid;
if a portion of the Ticket has been used, not less than the difference
between the fare and any taxes paid and the applicable fare and taxes for
travel between the points for which the Ticket has been used.
10.2.2 Where the
refund is not due to the non-operation of a service we reserve the right to
reduce the amount of the refund by a reasonable service charge or
10.4 RIGHT TO REFUSE
We may refuse refund:
10.4.1 where a ticket
was designated as ‘non-refundable’ and/or where the application is made after
the expiry of the validity of the Ticket.
10.4.2 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
10.4.3 in the
circumstances mentioned in Article 7.2.
10.5 CURRENCY We
reserve the right to make a refund in the same manner and the same currency
used to pay for the Ticket.
10.6 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 12 Additional Services
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. If we are also providing surface transportation to you, other
conditions may apply to such surface transportation.
Article 13 Administrative Formalities
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 any aid or information given by any employee or agent in
connection with obtaining all required travel documents and visas and for
complying with all laws, regulations, orders, demands and travel requirements.
13.1.3 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.
13.3 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.
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.
INSPECTION You shall submit to any security checks by Governments, airport officials,
Carriers or by us.
DECISION FINAL We are not liable if we determine that what we understand to
be applicable law, government regulation, demand or order or requirement
requires that we refuse to carry a Passenger.
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. However, your attention is drawn to
Article 15 Liability for Damage
15.1 GENERAL 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 MONTREAL CONVENTION
Unless otherwise provided in this Article, international carriage, as defined
in the Convention, is subject to the liability rules of the Convention.
15.3 DEATH OF OR
INJURY TO PASSENGERS
15.3.1 There are no
financial limits to our liability for death or bodily injury suffered by a Passenger.
We have strict liability up to 113,100 SDRs unless we can prove that the
damage was caused by, or contributed to by, the negligence of
the injured or deceased Passenger. For claims in excess of this limit, we may
be exonerated if we can prove that we and our agents took all necessary
measures to avoid the damage or that it was impossible for us or them to take
15.3.2 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 not less thas 16,000 SDRs per Passenger in the event of death.
15.3.3 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 15.3.1 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.
15.3.4 We are not
responsible for any Illness, injury or disability , including death,
attributable to your physical condition or for the aggravation of such
15.4.1 We will not be
liable for damage to Unchecked Baggage unless such damage is caused by our
15.4.2 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 Checked Baggage shall be limited, as provided by the Convention,
to 1,131 SDRs per Passenger unless you have made a declaration of higher value at the
latest by the time of check–in and paid any applicable supplementary fee.
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
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.
15.4.5 Pursuant to
the Convention if you or your Checked Baggage suffer a delay in the carriage
by air we shall not be liable for Damage occasioned by a delay if we prove
that we or our servants and agents took all measures that could reasonably be
required to avoid such Damage or that it was impossible for us or for them to
take such measures. If we are liable for Damage occasioned by delay our
liability is limited as follows: for Damage caused by delay in the carriage
of Passengers, our liability is limited to 4,694 SDRs for each Passenger; for
Damage caused by delay in the carriage of Baggage, our liability is limited
to 1,131 SDRs for each Passenger.
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.
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,
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
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 Limitations on Claims and Action
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 may wish to file a claim or an action
regarding Damage to Checked Baggage, you must write and complain to us as
soon as possible. In the case of
Damage to Checked Baggage you must write and complain within seven (7) Days
of receipt of the Baggage and in case of delay within twenty-one (21) Days,
in either case from the date on which the Baggage was placed at your
disposal. 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 and/or compensation 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 Article Headings
The title of each
Article of these Conditions of Carriage is for ease of reference only, and is
not part of these Conditions.