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 Carrier?s 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 loss 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 passenger 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 means 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.
APPLICABILITY
1. General
(a) 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.
(b) 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.
(c) 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.
TICKETS
Para. 1.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) Changes Requested by Passenger.
Changes to the ticket requested by the passenger will be subject to Carrier's Regulations.
Para. 2.
(a) 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.
(b) Extension of Validity.
If a passenger is prevented from travelling within the period of validity of the ticket because Carrier:
1. cancels the flight on which the passenger holds a reservation; or
2. omits a scheduled stop, being the passenger's place of departure, place of destination or a stopover; or
3. fails to operate a flight reasonably according to schedule; or
4. causes the passenger to miss a connection; or
5. substitutes a different class of service; or
6. 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.
(c) 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./p>
Para. 3.
Coupon Sequence.
(a) 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.
(b) 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.
(c) Each flight coupon, or in the case of an electronic ticket, an electronic coupon, will be accepted for carriage in the class of service 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.
(d) 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.
(e) 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.
Para. 4.
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.
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.
FARES AND CHARGES
Para .1. General.
(a) 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 between airports and town centres, unless Carrier's Regulations provide such ground transport will be furnished without additional charge. (
b) 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.
Para. 2. 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.
Para. 3. 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.
Para. 4. 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.
Para. 5. 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.
Para. 6. 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.
RESERVATIONS
Para. 1. Reservation Requirements.
(a) A reservation is not confirmed until (1) it is entered on the appropriate flight coupon, or in the case of an electronic ticket, the electronic coupon, by Carrier or its Authorized Agent; (2) a ticket has been duly issued to the passenger, or in the case of an electronic ticket, when it has been duly created in Carrier's database; and (3) the passenger has paid for his ticket (or made credit arrangements with Carrier) within the ticketing time limit prescribed in Carrier's Regulations. A reservation that does not comply with any of these requirements may be cancelled by Carrier at any time without notice.
(b) As provided in Carrier's Regulations, certain fares may have conditions which limit or exclude the passenger's right to change or cancel reservations.
Para. 2. Personal Data.
The passenger recognizes that personal data has been given to Carrier for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government agencies who may share such personal data with other government agencies which is beyond the control of the Carrier. For these purposes the passenger authorizes Carrier to retain such data and to transmit it to its own offices, other carriers or the providers of such services, in whatever country they may be located. Please note that government regulations may require that we provide information on or permit access to passenger/customer data.
Para. 3. Seating.
Carrier does not guarantee to provide any particular seat in the aircraft and the passenger agrees to accept any seat that may be allotted on the flight in the class of service for which the ticket has been issued.
Para. 4. Service charge when space not occupied.
A service charge, in accordance with Carrier's Regulations, may be payable by a passenger who fails to use space for which a reservation has been made or to cancel the reservation within the cancellation time limit prescribed in Carrier's Regulations.
Para. 5. Communications Expenses.
The passenger will be charged for communications expenses made in connection with his reservation or journey and incurred by Carrier as a result of the passenger's request, other than communication expenses incurred in securing the original reservation on a flight.
Para. 6. Reconfirmation of Reservations.
Onward or return reservations may be subject to the requirement to reconfirm the reservation in accordance with and within the time limits specified in Carrier's Regulations. Failure to comply with any such requirement may result in cancellation of any onward or return reservations.
Para. 7. Cancellation of Onward Reservations made by Carrier.
If a passenger does not use a reservation and fails to advise Carrier, Carrier will cancel or request cancellation of any onward or return reservations.
Para. 8. No-Show Passengers.
Passenger(s) having confirmed reservations and not showing up prior to the time prescribed for check in will be termed as No-Show and no responsibility will be assumed. Passenger(s) will be accepted for travel only on the next available flight subject to seat availability with the applicable No-show charges as per carrier?s regulations.
Para. 9. Check-In Time.
The time shown on the ticket is departure time of your flight. Passengers should allow sufficient time to complete all the formalities and recommended to arrive at the airport at least two hours prior to the time of departure. Our counters normally close 30 minutes before departure and passengers arriving after this time may not be accepted for travel and no responsibilities will be assumed by the carrier.
CHECK-IN
The passenger shall arrive at the Carrier's check-in location and boarding gate sufficiently in advance of flight departure to permit completion of any government formalities and departure procedures and in any event not later than the time that may be indicated by Carrier. If the passenger fails so to arrive in time at Carrier's check-in location or boarding gate or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for him and will not delay the flight. Carrier is not liable to the passenger for loss or expense due to the passenger's failure to comply with the provisions of this Article.
REFUSAL OF AND LIMITATION ON CARRIAGE
Para. 1. Right to Refuse Carriage.
Carrier may refuse carriage of any passenger or passenger's baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier decides that:
(a) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; or
(b) the conduct, age, or mental or physical state of the passenger is such as to:
1. require special assistance of Carrier, or
2. cause discomfort or make himself objectionable to other passengers, or
3. involve any hazard or risk to himself or to other persons or to property; or
(c) such action is necessary because the passenger has failed to observe the instructions of Carrier; or
(d) the passenger has refused to submit to a security check; or
(e) the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Carrier and the passenger (or the person paying for the ticket) have not been complied with; or
(f) the passenger:
1. does not appear to be properly documented, or
2. may seek to enter a country through which he is in transit, or
3. may destroy his documentation during flight, or
4. will not surrender travel documents to be held by the flight crew, against receipt, when so requested by the Carrier; or
5. not holding valid documents for entry into the destination or
(g) the ticket:
1. has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its Authorized Agent, or
2. has been reported as being lost or stolen, or
3. is a counterfeit ticket, or
4. any flight or electronic coupon has been altered by anyone other than Carrier or its Authorized Agent, or in the case of a flight coupon, has been mutilated,and Carrier reserves the right to retain such ticket; or
(h) the person presenting the ticket cannot prove that he is the person named in the ticket. Carrier reserves the right to retain such paper ticket or
(i) the person has been issued a Banning Notice and the person has bought the ticket while the ban applies. Once the Banning Notice has been issued to the person, he is not to buy a ticket or ask or allow anyone to buy a ticket for him. Carrier will refuse to carry the person if he tries to travel while a Banning Notice is in force against him and he will be entitled to a voluntary refund. The Banning Notice will state the date when the ban comes into effect.
Para. 2. Recourse when Carriage Refused.
The sole recourse of any passenger refused carriage pursuant to Paragraph 1 for reasons of safety or for any of the reasons specified in Sub paragraphs 1(a), 1(b), 1(c), 1(d), 1(e) or 1(f) shall be recovery of the refund value of the unused ticket or portion thereof, in accordance with Article 11 Paragraph 3, subject to deduction of any applicable service charge for Sub paragraphs 1(b)(2) or 1(c). Except as provided in this Paragraph, Carrier is not liable to any person for any refund or loss or expense whatsoever arising from or in connection with a refusal of carriage pursuant to Paragraph 1, whether arising in tort, contract or otherwise howsoever.
Para. 3. Limitation on Carriage.
Acceptance for carriage of children, incapacitated persons, pregnant women or persons with illness may be subject to prior arrangement with Carrier, in accordance with Carrier's Regulations.
BAGGAGE
Para. 1. Items Unacceptable as Baggage.
(a) The passenger shall not include in his baggage:
1. items which do not constitute baggage as defined in Article 1 Paragraph 1 hereof;
2. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as explosives, compressed gases, corrosives, oxidizing radio-active or magnetized materials, materials that are easily ignited, poisonous, offensive or irritating substances, liquids (other than liquids in the passenger's unchecked baggage for his use in the course of the journey), or those specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA), and in Carrier's Regulations;
3. items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over;
4. items which in the opinion of Carrier are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items;
5. live animals, except as provided for in Paragraph 10 of this Article.
(b) If the passenger is in possession of, or if his baggage includes any arms and/or munitions, he shall present them to Carrier for inspection prior to commencement of carriage. If Carrier accepts such items for carriage it may require them to be delivered to and remain in its custody until the passenger's arrival at the airport building at the place of destination.
(c) The passenger shall not include in checked baggage fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents, samples, medicines or drugs.
(d) Various countries have implemented restrictions on the carriage of liquids, aerosols and gels in compliance with new guidelines set by the ICAO. For further information on the restrictions imposed by the list of countries, please check with the carrier?s offices
(e) If any items referred to in Sub paragraph (a) or (b) of this Paragraph are carried, whether or not they are prohibited from carriage as baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of baggage.
Articles, which may be carried free in addition to the Baggage allowance (subject to applicable security regulations) are:-
- An overcoat, wrap or blanket.
- An umbrella or walking stick.
- A lady's handbag, lady's pocket book or lady's purse.
- A reasonable amount of reading matter for the flight.
- A small camera and/or a pair of binoculars.
- Infant's food for consumption in flight and infant's carrying basket.
- A fully collapsible invalid's wheelchair and/or a pair of crutches and/or braces or other prosthetic device for your use provided that you are dependent upon them.
Para. 2. Right to Refuse Carriage.
(a) Carrier may refuse carriage as baggage of such items described in Paragraph 1 of this Article as are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery thereof.
(b) Carrier may refuse to carry as baggage any item because of its size, shape, weight or character.
(c) Unless advance arrangements for its carriage have been made with Carrier, Carrier may carry on later flights baggage which is in excess of the applicable free allowance.
(d) Carrier may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other similar containers to ensure safe carriage with ordinary care in handling.
Para. 3. Right of Search.
For reasons of safety and security, Carrier may request the passenger to permit a search to be made of his person and his baggage, and may search or have searched the passenger's baggage in his absence if the passenger is not available, for the purpose of determining whether he is in possession of or whether his baggage contains any item described in Paragraph 1
(a) above or any arms or munitions which have not been presented to Carrier in accordance with Paragraph 1
(b) above. If the passenger is unwilling to comply with such request Carrier may refuse to carry the passenger or baggage and the sole recourse against Carrier for the passenger so refused shall be a refund calculated in accordance with Article 11 Paragraph 3.
Para. 4. Checked Baggage.
(a) Upon delivery to Carrier of baggage to be checked Carrier shall take custody thereof and issue a baggage identification tag for each piece of checked baggage.
(b) If baggage has no name, initials or other personal identification, the passenger shall affix such identification to the baggage prior to acceptance.
(c) Checked baggage will be carried on the same aircraft as the passenger, unless Carrier decides that this is impracticable, or due to space restrictions, in which case Carrier will carry the checked baggage on Carrier's next flight on which space is available.
Para. 5. Free Baggage Allowance.
Passengers may carry free of charge baggage as specified and subject to the conditions and limitations in Carrier's Regulations. Where two or more passengers, travelling as one party to a common destination or point of stopover by the same flight, present themselves and their baggage for travelling at the same time and place, they may be permitted to total free baggage allowance equal to the combination of their individual free baggage allowances. The Free Baggage Allowance for Checked Baggage for adults and children aged 2 years and above is as follows :
Business Class 40 Kgs
Economy Class 30 Kgs
Para. 6. Excess Baggage.
The passenger shall pay a charge for the carriage of baggage in excess of the free baggage allowance at the rate and in the manner provided in Carrier's Regulations.
Para. 8. Unchecked baggage.
(a) Baggage which the passenger carries on to the aircraft must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin. Items determined by Carrier to be of excessive weight or size will not be permitted in the cabin.
(b) Objects not suitable for transport in the cargo compartment (such as delicate musical instruments and the like) will only be accepted for transportation in the cabin compartment if due notice has been given in advance and permission granted by Carrier. The transport of such objects may be charged for separately.
Para. 9. Collection and Delivery of Baggage.
(a) The passenger shall collect his baggage as soon as it is available for collection at places of destination or stopover.
(b) Carrier shall deliver checked baggage to the bearer of the baggage check upon payment of all unpaid sums due to Carrier under the contract of carriage. Carrier is under no obligation to ascertain that the bearer of the baggage check is entitled to delivery of the baggage and Carrier is not liable for any loss, damage, or expense arising out of or in connection with its failure so to ascertain. Delivery of baggage will be made at the destination shown in the baggage check.
(c) If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage (identification) tag, Carrier will deliver the baggage to such person only on condition that he establishes to Carrier's satisfaction his right thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by Carrier as a result of such delivery.
(d) Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.
Para. 10. Animals.
(a) Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit will, with the advance agreement of Carrier, be accepted for carriage, subject to Carrier's Regulations.
(b) If accepted as baggage, the animal, together with its container and food carried, shall not be included in the free baggage allowance of the passenger but constitute excess baggage, for which the passenger shall pay the applicable rate.
(c) Guide dogs accompanying sight/hearing impaired passengers together with containers and food, will be carried free of charge in addition to the normal free baggage allowance, subject to Carrier's Regulations.
(d) Acceptance for carriage of animals is subject to the condition that passenger assumes full responsibility for such animal. Carrier shall not be liable for injury to or loss, delay, sickness or death of such animal or in the event that it is refused entry into or passage through any country, state or territory.
SCHEDULES, CANCELLATION OF FLIGHTS
Para. 1. Times and Schedules not Guaranteed.
Due to the geographical location and operating challenges out of Paro airport in Bhutan which is severely dependent on weather conditions the carrier while making every effort to maintain the schedule integrity, however due to circumstances beyond its control and as the only carrier operating in and out of Paro requires every passenger to read and note the terms and conditions as per this Article 10.
(a) Carrier undertakes to use its best efforts to carry the passenger and his baggage with reasonable dispatch. Times shown in the ticket, timetables or elsewhere are not guaranteed and do not form part of the contract of carriage and Carrier assumes no responsibility for making connections.
(b) Schedules are subject to change without notice. Carrier may when circumstances so require alter or omit stopping places shown on the ticket or in schedules and may without notice substitute alternate carriers or aircraft.
(c) Carrier will not be liable for errors or omissions in timetables or other publications of schedules or in statements or representations made by employees, agents or representatives of Carrier as to the dates or times of departure or arrival or as to the operation of any flight.
Para. 2. Cancellation, Changes of Schedule, etc.
(a) Disruption due to Weather
If Carrier cancels, terminates, diverts, postpones or delays a flight, and is unable to provide previously confirmed space, fails to stop at a passenger's stopover or destination point, or causes the passenger to miss a connecting flight on which he holds a reservation, Carrier shall, with due consideration to the passenger's reasonable interests, either:
1. carry the passenger on another of its scheduled passenger services on which space is available; or
2. re-route the passenger to the destination indicated on the ticket or applicable portion thereof by its own
scheduled services or the scheduled services of another carrier, or by means of surface transportation. No additional charges that may be applicable for the rerouting involving another carrier will be absorbed and the passenger is liable for any of the additional charges on other carriers.
3. make a refund in accordance with the provisions of Article 11 Paragraph 3.
4. Provide one night hotel accommodation and meals to enable the passenger on the next available flight.
(b) Disruption due to Technical.
If Carrier cancels, terminates, diverts, postpones or delays a flight due to technical reasons and is unable to provide previously confirmed space, fails to stop at a passenger's stopover or destination point, or causes the passenger to miss a connecting flight on which he holds a reservation, Carrier shall, with due consideration to the passenger's reasonable interests, either:
1. carry the passenger on another of its scheduled passenger services on which space is available; or
2. re-route the passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or the scheduled services of another carrier, or by means of surface transportation.
3. For technical disruptions leading to delays less than 24 hours, the sum of the fare, excess baggage charge and any applicable service charge for the revised routing if higher than the refund value of the ticket or applicable portion thereof, the additional charges applicable for the rerouting involving another carrier will not be absorbed by the carrier and the passenger is liable for any additional charges on other carriers; or
4. If the technical disruption results in delay of more than 24 hours, the rerouting charges or if any applicable service charge for the revised routing is higher than the refund value of the ticket or applicable portion thereof, Carrier shall require no additional fare or charge from the passenger, and shall refund the difference if the fare and charges for the revised routing are lower; or
5. carrier will provide one night hotel accommodation and meals to enable the passenger to travel on the next available flight; or
6. make a refund in accordance with the provisions of Article 11 Paragraph 3.
(c) Disruption due to Schedule Change
When circumstances so require, Carrier may without notice change schedule, cancel, terminate, divert, postpone or delay any flight, substitute a different type of aircraft, or omit a stopover or destination point. In any of these events, Carrier shall carry, re-route or make a refund in accordance with the preceding Subparagraph (b, point 3 to 6) and shall be under no further liability to the passenger.
(d) Disruption due to Load Penalty
If circumstances are such that the aircraft's weight limitations or seating capacity would otherwise be exceeded, Carrier shall decide in its reasonable discretion which passengers or items shall not be carried. In such event, Carrier shall carry, re-route or make a refund to the affected passengers in accordance with Subparagraph (b, point 3 to 6) above and shall be under no further liability to the passenger.
REFUNDS
Para. 1. General.
On failure by Carrier to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his arrangements, refund for an unused ticket or portion thereof shall be made by Carrier in accordance with this Article and with Carrier's Regulations.
Para. 2. Person to Whom Refund Will Be Made.
(a) Except as hereinafter provided in this Article, Carrier shall be entitled to make refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof.
(b) If a ticket has been paid for by a person other than the passenger named in the ticket, and Carrier has indicated on the ticket that there is a restriction on refund, Carrier shall make a refund only to the person paying for the ticket or to that person's order.
(c) Except in the case of lost tickets, refunds will only be made on surrender to Carrier of the passenger coupon or passenger receipt and surrender of all unused flight coupons.
(d) A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself out as a person to whom refund may be made in terms of Subparagraph (a) or (b) of this Paragraph shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund from any person.
Para. 3. Involuntary Refunds.
If Carrier refuses carriage in accordance with Article 8 Paragraph 1 (subject to Article 8 Paragraph 2) or in accordance with Article 9 Paragraph 3, or in any of the events set out in Article 10 Paragraph 2, the amount of the refund shall be calculated in accordance with Carrier's Regulations relating to refunds described therein as "Involuntary Refunds". Carrier will furthermore refund to the passenger any communications expenses paid by the passenger in accordance with Article 6 Paragraph 5.
Para. 4. Voluntary Refunds.
If the passenger wishes a refund of his ticket for reasons other than those set out in Paragraph 3, the amount of refund shall be calculated in accordance with Carrier's Regulations relating to refunds based on specific periods described in the ?Tariff Manual?.
Para. 5. Refund on Lost Ticket.
If a ticket or portion thereof is lost, refund will be made on proof of loss satisfactory to Carrier and upon payment of any applicable service charge, on condition (a) that the lost ticket, or portion thereof, has not been used, previously refunded or replaced, and (b) that the person to whom the refund is made undertakes, in such form as may be prescribed by Carrier, to repay to Carrier the amount refunded in the event and to the extent that the lost ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the ticket.
Para. 6. Right to Refuse Refund.
(a) Carrier may refuse refund when application therefore is made later than three months after the expiry of the validity of the ticket.
(b) Carrier may refuse refund on a ticket which has been presented to Carrier or to government officials of a country as evidence of intention to depart there from, unless the passenger establishes to Carrier's satisfaction that he has permission to remain in the country or that he will depart there from by another carrier or another means of transport.
Para. 7. Currency.
All refunds will be subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will be made in the currency in which the ticket was paid for, or, at the option of Carrier, in the currency of the country where the ticket was purchased or where the refund is being made, in an amount equivalent to the amount due in the currency originally collected.
Para.
8. By Whom Ticket Refundable.
Refunds will be made only by the Carrier which originally issued the ticket, or by its Agent, if so authorized, in accordance with Carrier's Regulations.
CONDUCT ABOARD AIRCRAFT
Para. 1.
If the passenger conducts himself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other passengers may reasonably object, Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the passenger.
Para. 2.
The passenger may not operate aboard the aircraft portable radios, electronic games or transmitting devices including radio controlled toys and walkie-talkies. The passenger shall not operate any other electronic devices on board without Carrier's permission, except that hearing aids and heart pacemakers may be used.
ARRANGEMENTS BY CARRIER
If in the course of concluding the contract of carriage by air, Carrier also agrees to make arrangements for the provision of additional services (such as hotel accommodation and excursions trips on the ground), whether or not the cost of such arrangements is for the account of Carrier, Carrier acts only as agent for the passenger and is not liable to the passenger for any damage, loss or expense whatsoever arising from or in connection with such arrangements.
ADMINISTRATIVE FORMALITIES.
Para. 1. General.
The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier's Regulations and instructions. Carrier shall not be liable for any aid or information given by any agent or employee of Carrier to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to any passenger resulting from his failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
Para. 2. Travel Documents.
The passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned, and permit Carrier to take and retain copies thereof. Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order, or who does not permit Carrier to take and retain copies thereof.
Para. 3. Refusal of Entry.
The passenger agrees to pay the applicable fare whenever Carrier, on government order, is required to return a passenger to his point of origin or elsewhere owing to the passenger's inadmissibility into a country, whether of transit or of destination. Carrier may apply to the payment of such fare any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Carrier.
Para. 4. Passenger Responsible for Fines, Detention Costs, etc.
If Carrier is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger's failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse to Carrier any amount so paid or deposited and any expenditure so incurred. Carrier may use towards such expenditure any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier.
Para. 5. Customs Inspection.
If required, the passenger shall attend inspection of his baggage, checked or unchecked, by customs or other government officials. Carrier is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with this requirement.
Para. 6. Security Inspection.
The passenger shall submit to any security checks by government or airport officials or by Carrier.
Para. 7.
Carrier is not liable if it determines that what it understands to be applicable law, government regulation, demand, order or requirement requires that it refuse and it does refuse to carry a passenger.
SUCCESSIVE CARRIERS
Carriage to be performed by several successive Carriers under one ticket, or under a ticket and any conjunction ticket issued in connection therewith, is regarded as a single operation.
ADVICE TO INTERNATIONAL PASSENGERS ON LIMITATION OF LIABILITY
Para. 1.
The Liability of each carrier involved in your journey will be determined by the carrier?s own Conditions of Carriage. If we issue a ticket or check a baggage for carriage on another carrier, we do so only as an agent for the other carrier, and we carry no liability for this carriage. Our liability for the carriage of passengers and baggage is governed by the Convention.
Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers traveling by a carrier on a journey not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for death or personal injury to passengers is limited in most cases to approximately U.S. $ 10,000 or U.S. $ 20,000.
Para. 2.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier?s liability under the Convention. For further information please consult your Airline or Insurance Company Representative.
Para. 3.
To the extent not in conflict with the foregoing and whether or not the Convention applies:
(a) Carrier is liable only for damage occurring on its own line. A carrier issuing a ticket or checking baggage over the lines of another carrier does so only as agent for such other carrier. Nevertheless, with respect to checked baggage the passenger shall also have a right of action against the first or last carrier.
(b) Carrier is not liable for damage to unchecked baggage unless such damage is caused by the negligence of Carrier. If there has been contributory negligence on the part of the passenger, Carrier's liability shall be subject to the applicable law relating to contributory negligence.
(c) Carrier is not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the passenger to comply with the same.
(d) The liability of Carrier in the case of loss, damage or delay of checked baggage shall be limited to 250 French gold francs or its equivalent (US equivalent approximately $20) per kilogram. For the purposes of the Convention, if the weight of the 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 service concerned, as provided in Carrier?s Regulations. In the event of loss, damage or delay of part of the checked baggage, the liability limit of Carrier shall be reduced proportionately on the basis of weight to the part concerned.
(e) Carrier's liability shall not exceed the amount of proven damages. Carrier shall furthermore not be liable for indirect or consequential damages.
(f) Carrier is not liable for injury to a passenger or for damage to a passenger's baggage caused by property contained in such passenger's baggage. Any passenger whose property causes injury to another person or damage to another person's property or to the property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof.
(g) Carrier is not liable for damage to fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents, samples, medicines or drugs, which are included in the passenger's checked and carry-on baggage, whether with or without the knowledge of Carrier.
(h) If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself, Carrier shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition.
(i) On failure of Carrier, otherwise than in circumstances referred to in Article 8 Paragraph 1, Article 9 Paragraph 3 or Article 10 Paragraph 2(b) or (c), to provide space in the class of service for which a reservation has been duly made in accordance with Article 6 hereof, Carrier's liability for damages for such failure shall be limited to reimbursement of reasonable expenses of the passenger for accommodation, meals, communications and ground transport to and from the airport, up to the time when Carrier is able to provide such space either on another of its own services or on the services of another carrier.
(j) Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, employees and representatives of Carrier and any person whose aircraft is used by Carrier and such person's agents, employees and representatives. The aggregate amount recoverable from Carrier and from such agents, employees, representatives and persons shall not exceed the amount of Carrier's limit of liability.
Para. 4.
Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.
TIME LIMITATION ON CLAIMS AND ACTIONS
Para. 1. Notice of Claims.
No action shall lie in the case of damage to checked baggage unless the person entitled to delivery complains to Carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt; and in the case of delay, unless the complaint is made at the latest within twenty-one days from the date on which the baggage has been placed at his disposal. Every complaint must be made in writing and dispatched within the times aforesaid.
Para. 2. Limitation of Actions.
Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.
MODIFICATION AND WAIVER
No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage or of Carrier's Regulations.
Monday, 04/08/2024