Conditions of Carriage
ARTICLE 1 – DEFINITIONS
“We”, “our”, “ourselves” and “us” means Starspeed Limited.
“You”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket and/or, where applicable, to Bookers. (See also the definition of “Passenger”).
Unless otherwise required by the context, any reference to the plural includes the singular and vice versa.
AIRLINE DESIGNATOR CODE means the letter and number or two or three letters which identify particular air carriers.
AUTHORISED AGENT means a passenger sales agent who has been authorised by us to sell air transportation on our services and issue Tickets and, in respect of charter operations, shall include the charterer.
BAGGAGE means the personal property accompanying you in connection with your trip. Unless otherwise specified, or unless the context otherwise requires, it includes both your Checked Baggage and Unchecked Baggage.
BAGGAGE IDENTIFICATION TAG means a document issued solely for identification of Checked Baggage.
BOOKER means the person of at least 18 years of age who acts as agent for all Passengers in the Booking and makes the Booking in their own name or in their name and other Passengers’ names, including a large number of Passengers, and who undertakes the obligations set out in Article 2.6.
BOOKING means a booking made for the purchase of a Ticket, which is accepted by us in accordance with these Conditions of Carriage.
CHECKED BAGGAGE means Baggage of which we take custody and for which we have issued a Baggage Identification Tag.
CHECK-IN DEADLINE means the time limit set by us, by which you must have completed check-in and received your boarding pass.
CONDITIONS OF CARRIAGE means these conditions of carriage, as may be amended from time to time, and which apply equally to Bookers and to Passengers.
CONSUMER means a natural person who has bought a Ticket under a contract governed by the law of any country in the United Kingdom or a member state of the European Union and who plans to use it for travel outside their trade, business or profession.
CONVENTION means whichever of the following is/are applicable:
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
- the Warsaw Convention as amended at The Hague on 28 September 1955;
- the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975):
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975):
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975):
- the Guadalajara Supplementary Convention (1961);
- the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 as implemented in the European Economic Area (“EEA”) by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of EEA Member States;
COUPON means either or both of a paper Flight Coupon and/or an Electronic Coupon each of which entitles the Passenger named on it to travel on the particular flight identified on it.
DAMAGE includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft or other damage to Baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.
DAYS mean calendar days, including all 7 days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted.
ELECTRONIC COUPON means an electronic flight coupon or other value document held in our database. It is the electronic equivalent of the Flight Coupon.
ELECTRONIC TICKET means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.
EXCESS BAGGAGE means Checked Baggage over and above the permitted Checked Baggage allowance.
FLIGHT COUPON means that portion of the Ticket that bears the notation “good for passage,” or similar or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
LEAD PASSENGER means any Passenger nominated by the Booker in accordance with and for the purposes of Article 2.6.1(c).
PASSENGER means any person, except members of the crew, carried or to be carried pursuant to a Ticket. (See also definition for “you”, “your” and “yourself”).
PASSENGER COUPON means that portion of the Ticket issued by us or on our behalf, which is so marked and which is ultimately to be retained by you.
SDR means a Special Drawing Right as defined by the International Monetary Fund.
TARIFF means the fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.
TICKET means either the document entitled “Passenger Ticket” or the Electronic Ticket, in each case issued by us or on our behalf, and which may include a selection of conditions which are summarised versions of these Conditions of Carriage, as well as notices and Coupons.
UNCHECKED BAGGAGE means any of your Baggage other than Checked Baggage.
ARTICLE 2 – APPLICABILITY OF THESE CONDITIONS OF CARRIAGE
2.1.1 Except as provided in Articles 2.2 and 2.3, these Conditions of Carriage apply only on those flights, or flight segments, which are operated by us under our Airline Designator Code (which is “SSP”), or where we otherwise have a legal liability to you.
2.1.2 These Conditions of Carriage apply to Bookers and to all Passengers, whether or not they made the Booking themselves. When you make a Booking on someone else’s behalf, you thereby confirm that they have the necessary authority to make such a Booking and to enter into a legally binding contract with us. If you have made a Booking on someone else’s behalf, you will be liable for all the acts or omissions of that Passenger and bound by the provisions of these Conditions of Carriage.
2.1.3 If for any reason a company other than us operates a flight, we will notify the Booker at the earliest opportunity. Such carriage will still be governed by these Conditions of Carriage, subject to Article 2.2 if carriage is performed pursuant to a charter agreement.
2.1.4 You acknowledge that you have not relied on any statement, promise or representation made or given by us or our Authorised Agents, which is not set out in these Conditions of Carriage, notwithstanding that nothing in this Article 2.1.4 shall exclude or limit our liability for fraudulent misrepresentation.
2.1.5 You acknowledge that you have read these Conditions of Carriage. You further acknowledge that, by making a Booking, you make an offer to us on the terms set out in these Conditions of Carriage. Our acceptance of that offer and the existence of a binding contract shall be signified by our issue to you of a Ticket. These Conditions of Carriage shall apply to you from the date of issue of the Ticket.
2.2 CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only if and to the extent that we agree with the relevant charterer that they apply and they are stated to apply in the Ticket or any other contract that you have with the charterer.
2.3 OVERRIDING LAW
2.3.1 If any provision of these Conditions of Carriage is inconsistent with Tariffs or applicable law such Tariffs or laws shall prevail.
2.3.2 If any provision of these Conditions of Carriage is invalid under any applicable law, that provision shall not apply, but the invalidity of any provision shall not affect the validity of other provisions or these Conditions of Carriage as a whole.
2.4 CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage, in the event of any inconsistency between these Conditions of Carriage and any other regulations that we have, these Conditions of Carriage shall prevail (unless stated otherwise in those regulations).
2.5 MODIFICATION AND WAIVER
None of our Authorised Agents, employees or representatives has authority to alter, modify or waive any provision of these Conditions of Carriage.
2.6.1 By making a Booking as Booker you thereby confirm and agree:
- a) that you accept these Conditions of Carriage, that you have consent to accept these Conditions of Carriage on behalf of the Passengers named in the Booking, and that those Passengers understand that they are also bound by these Conditions of Carriage;
- b) to be responsible for receiving and relaying all communications relating to the Booking (including changes, amendments and cancellations) from us or our Authorised Agents to all Passengers named in the Booking;
- c) to the extent that you (as Booker) are not also a Passenger, that you have nominated a Lead Passenger and that they have consented and agreed i) to be named and have their contact details included on the Booking and ii) to be contacted by us or our Authorised Agents for the purposes of advising of any delays and cancellations;
- d) that where any other Passenger’s contact details are entered on the Booking, they have also consented and agreed to be contacted by us or our Authorised Agents for the purposes of advising of any delays and cancellations;
- e) that each Passenger on the Booking has given their consent for you to receive any refund, incidental expense or compensation due and that you will distribute to that Passenger any such refund, incidental expense or compensation;
- f) that any other Passengers on the same Booking may make subsequent changes to it provided they pass a data security check and confirm to us that they have your consent to make such changes. We act in good faith when making changes in this way and will not be liable for any Damage resulting from such changes if, without our knowledge, your consent had not been given;
- g) that you will not make a Booking for a Passenger under 12 years of age to travel unaccompanied; and
- h) where you make a Booking for a Passenger over 11 and under 16 years of age to travel unaccompanied: that you have full permission from their parent or guardian to make the Booking; that you are responsible for their Booking; that any travel documents or visas or regulatory or legal requirements relating to their travel are available and/or have been met; that you are responsible for their wellbeing; and that you are responsible for any other travel arrangements. We will not carry out any further checks in respect of such matters and will not be held liable for failure to do so.
2.6.2 When a Booking is made by a third party (including booking systems), the third party (e.g. travel agent) will act as the Booker and undertake all the rights and obligations of the Booker on behalf of the Passengers named in the Booking as in Article 2.6.1 above.
ARTICLE 3 – TICKETS
3.1 TICKETING RULES
3.1.1 The Ticket constitutes prima facie evidence of the contract of carriage between us and the Passenger named on the Ticket.
3.1.2 Your Ticket is non-transferable except in accordance with Article 3.3 below. We will only carry the Passenger who is named on the Ticket. We may require you to prove who you are by producing appropriate identification evidence.
3.1.3 The Ticket is non-refundable except in accordance with Articles 3.4 and 4.6 below.
3.1.4 Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present (a) a valid Ticket containing the Flight Coupon for that flight, all other unused Flight Coupons and the Passenger Coupon and (b) valid and legible photographic identification identifying yourself as the person named on the Ticket. You shall not be entitled to be carried if the Ticket presented is (a) mutilated, (b) if it has been tampered with or altered (to any extent, by any means, and in any manner whatsoever) by anyone other than us or our Authorised Agent, or (c) if your photographic identification is damaged or illegible. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide valid and legible photographic identification of yourself and a valid Electronic Ticket has been duly issued in your name.
3.1.5 The Ticket purchased is valid for transportation only as shown on the Ticket for the person named, from the place of origin to the final destination on the date and flight number indicated on the Ticket.
3.1.6 The Ticket shall at all times remain our property, provided that it was issued by us or by our Authorised Agents.
3.1.7 You must take all reasonable efforts to prevent the loss of or damage to your Ticket, as it is evidence of your contract of carriage with us. However, we can reissue new tickets if i) you prove to our satisfaction that you are the Passenger to whom the original Ticket was validly issued either by ourselves or by our Authorised Agent; and ii) you sign an agreement to reimburse us, up to the value of the original Ticket, for any losses and/or expenses incurred by us, our Authorised Agents or any other associated party, arising from the misuse of the original Ticket, unless such loss or expense is occasioned by the negligence of ourselves or our Authorised Agents.
3.1.8 Even if you comply with the conditions set out in Article 3.1.7 above, we reserve the right to charge a reasonable administration fee for issuing the new Ticket (unless the loss or damage to the old Ticket was caused by the negligence of ourselves or our Authorised Agents). If you cannot comply with those conditions we may ask you to pay full price for a replacement Ticket. The cost of a replacement Ticket may be refunded to the Booker if you can prove, to our satisfaction, that no misuse of the original Ticket is possible, or if you return the original unused Ticket to us or our Authorised Agent.
3.2 COUPON SEQUENCE AND USE
The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket. The Ticket may not be valid and we may not honour it if the first Coupon has not been used.
3.3.1 Subject to the limits outlined in this Article 3.3 and to availability, you may amend certain details of your Booking (namely, flight dates, times, routes and Passenger names) provided that you notify us in writing (by email is acceptable) of any such amendment at least 48 hours prior to your Check-in Deadline and any amendment fee calculated in accordance with Article 3.3.3 and further charges are paid by you in full as soon as the amendment has been accepted by us. No amendments can be made less than 48 hours prior to the Check-in Deadline.
3.3.2 Once we are notified of your desired amendment, we will work out the revised fare for your changed transportation. You will have the option of either accepting the revised fare and paying any difference between the original price of your Booking and the revised fare (plus any additional taxes and charges) and the applicable amendment fee, or maintaining your original Booking.
3.3.3 The amendment fee will be, for each amendment:
- a) £10 for each Passenger name that is changed on a Booking; and
- b) for any other type of amendment 10% of the total original price that was paid for each passenger for whom an amendment has been requested (excluding any sums paid for insurance).
3.4.1 Subject to the limits outlined in this Article 3.4 (but also to any terms and conditions which apply to your Booking which may provide that you have no cancellation rights or rights to a refund), you may cancel and be refunded for your Booking.
3.4.2 If we are notified of the cancellation of your Booking less than 48 hours before the scheduled departure time of your flight, you will not be refunded any amount other than any taxes and charges imposed by a government or other authority which are refundable to you (see Article 4.2.2 for further details).
3.4.3 If we are notified of the cancellation of your Booking less than 14 Days, but more than 48 hours before the scheduled departure time of your flight, the Booker will be refunded 50% of the total fare paid, together with any taxes and charges imposed by a government or other authority which are refundable to you (see Article 4.2.2 for further details), but not any non-refundable charges, fees or surcharges.
3.4.4 If we are notified of the cancellation of your Booking more than 14 Days before the scheduled departure time of your flight, the Booker will be refunded 80% of the total fare paid, together with any taxes and charges imposed by a government or other authority which are refundable to you (see Article 4.2.2 for further details), but not any non-refundable charges, fees or surcharges.
3.4.5 Any refund due (as calculated in accordance with Articles 3.4.2 to 3.4.4 above) will be paid in Pound Sterling. We will not be required to refund any fare paid in respect of ground transfer services.
3.4.6 If you cancel a Booking before the scheduled departure time of your flight, we will not cancel your return reservation. If, however you fail to cancel a Booking before the scheduled departure time of your flight and you do not show up for the flight, we may decide to cancel your return reservation.
3.5 NAME AND ADDRESS OF CARRIER
Our name may be abbreviated in the Ticket
ARTICLE 4 – PAYMENTS, FARES, SURCHARGES AND CHARGES
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, including, without limitation, between airports and town terminals.
4.2 TAXES, FEES, SURCHARGES AND CHARGES
4.2.1 You are required to pay applicable taxes, fees, surcharges, and charges imposed by any government or other authority, or by us or the operator of an airport. At the time you purchase your Ticket, you will be advised of all applicable taxes, fees, surcharges, and charges known to us. However, since the taxes, fees, surcharges and charges imposed on air travel are constantly changing and can be imposed or changed after the date on which a Ticket is issued, you may be obliged to pay additional taxes, fees, surcharges or charges, even after the Ticket has been issued. Such additional taxes, fees, surcharges or charges must be paid before you travel, otherwise you will not be permitted to travel on the flight.
4.2.2 If you pay any taxes or charges imposed by a government or other authority, or by us or the operator of an airport when the Ticket is issued, but those taxes or charges are subsequently reduced or abolished so that they no longer apply to your flight, then you will be entitled to a refund of the difference. You may also be able to claim for a refund of such applicable taxes or charges if you do not use some or all of the Coupons on your Ticket (including if you cancel a Booking) provided that the relevant government or other authority does not require such taxes or charges to be payable in those circumstances. You can make such a claim, or find our more information about this, by contacting our customer service team. Any claim so made will be subject to a reasonable service charge.
All fares, fees, rates, taxes, charges and surcharges must be paid in full at the time of Booking. If such sums are not paid in full (or appropriate credit arrangements are not made with us), we may, at any time prior to check-in, cancel the Booking. Without prejudice to Article 4.2.2 above, these sums are non-refundable. All payments must be made in Pound Sterling, unless we specify otherwise.
4.4 PERSONAL DATA
Fares apply in either direction and only to routings published in connection with such fares. If there is more than one routing at the same fare, you may, prior to issue of the Ticket, specify the routing. If no routing is specified, we may determine the routing.
4.6.1 Where the Conditions of Carriage provide that we may pay a refund to you (but subject to any terms and conditions which apply to your Booking which may provide that you have no rights to a refund), such refund shall be paid to the Booker once the Booker has provided us with proof of payment. Any refund paid in accordance with this Article 4.6 shall discharge us from any further liability to refund and no other person shall be entitled to claim a further refund.
4.6.2 If we cancel a flight, fail to stop at your place of destination or refuse to carry you for a reason pursuant to these Conditions of Carriage where reference is made to this Article 4.6.2, the amount of the refund shall be:
- a) If no part of the Ticket has been used, an amount equal to the fare paid in respect of the affected flight and any taxes, fees, surcharges and charges; or
- b) If part of the Ticket has been used, not less than the difference between the fare paid and the fare due for the part of the carriage that has been used and any taxes, fees, surcharges and charges in relation to the unused part.
4.6.3 In all other cases in which a refund may be offered, the amount of the refund shall be:
- a) If no part of the Ticket has been used, an amount equal to the fare paid in respect of the affected flight, together with any taxes or charges imposed by a government or other authority that are refundable (see Article 4.2.2 for further details), and any other refundable charges, fees or surcharges, less any reasonable service charges or cancellation fees; or
- b) If part of the Ticket has been used, the difference between the fare paid and the fare due for the part of the carriage that has been used, together with any taxes or charges imposed by a government or other authority that are refundable (see Article 4.2.2 for further details), and any other refundable charges, fees or surcharges, less any reasonable service charges or cancellation fees.
4.6.4 If we or our Authorised Agent lose a Ticket or a part of it, we will be responsible for the loss but only up to a maximum of the fare paid for that Ticket. We will have no further responsibility or liability to you.
4.6.5 We may refuse a request for a refund if the request is not made within 14 (fourteen) Days of the expiry of the Ticket’s validity period.
4.6.6 Refunds will be made in Pound Sterling.
4.6.7: Refunds will be processed as soon as possible. For bookings made online, your refund will usually be automatically processed within five workings days. For bookings made by telephone, we will need to speak to you to process your card payment, and will usually attempt to contact you using the telephone number given on your booking within five working days. You will need your payment card details to hand. We cannot be responsible if refunds take longer due to an inability to contact you, or other circumstances beyond our control.
ARTICLE 5 – CHECK-IN AND BOARDING
- CHECK-IN / BOARDING
5.1.1 You are advised to arrive at our check-in counter 45 minutes prior to the scheduled departure time of your flight.
5.1.2 Check-in / boarding deadlines:
- a) Check-in counters will close 30 minutes prior to the scheduled departure time or such other time as may be notified. If you do not complete the check-in process (which shall mean receipt by you of the boarding pass for your flight and the handing over to us of any Checked Baggage) by the Check-in Deadline, you will not be accepted for travel and will forfeit your flight and Ticket and you will not be refunded any amount paid in connection with the missed flight(s).
- b) In order to maintain a high level of on-time departures, please be at the boarding gate by such time as may be advised at check-in and/or on your boarding pass and/or by us at any other time before the scheduled departure time of your flight. If you fail to comply with this requirement, in order to avoid unnecessary delays, we may decide not to carry you and your Baggage. We will neither refund you any amount paid by you nor be liable to you for any loss, Damage, costs, fees and/or expenses that you incur if you fail to meet the Check-in Deadlines or fail to be at the boarding gate by the required time.
We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted on the flight.
5.3 PASSPORTS / VISAS / TRAVEL AUTHORISATIONS
It is your responsibility to ensure that, where required, you have a valid passport, visas and all other travel authorisations. We are not liable for any loss, Damage, costs, fees and/or expenses suffered by you as a result of your failure to have the required documentation.
ARTICLE 6 – BAGGAGE
6.1 PERMITTED BAGGAGE ALLOWANCE
6.1.1 You may carry One Item of Checked Baggage without additional charge provided, however, that such Checked Baggage does not:
a) Weigh any more than 20kg; and
b) Exceed 70 x 39 x 31 cm in size.
c) Comprise of a hard shell or rigid frame structure - checked baggage must be a soft holdall style, but may have wheels and a handle
6.1.2 In addition, you may carry One Item of Unchecked Baggage in the aircraft cabin without additional charge provided, however, that such Unchecked Baggage does not:
a) Weigh any more than 3kg; and
b) Exceed 30 x 15 x 15 cm in size.
6.1.3 Items which are in excess of the maximum permitted allowances or which we otherwise deem, in our absolute discretion, to be unsafe, will not be permitted in the aircraft cabin. Restrictions on the carriage of liquids, aerosols and gels and other items in Unchecked Baggage may apply. You should check with the departure airport for specific security restrictions.
6.1.4 We reserve the right to cancel your reservation and to deny you boarding if you do not comply with the baggage requirements set out in this Article 6. In the event that we elect to proceed in this way, we will not be liable to you for any loss, Damage, costs, fees, and/or expenses incurred by you as a consequence. We will not be under any liability to refund you the cost of your Booking/Ticket.
6.2 EXCESS BAGGAGE
The acceptance and carriage of Excess Baggage is at our absolute discretion and you will be required to pay a charge for the carriage of such baggage over the permitted allowance. It may not be possible to carry Excess Baggage on the same flight as you. Excess Baggage may also be carried by a different mode of transport. Excess Baggage will be charged at such rate as may be notified to you and/or may appear from time to time on our website and/or documentation that may be issued to you in connection with your Booking.
6.3 ITEMS UNACCEPTABLE AS BAGGAGE
6.3.1 You must not carry the following in your Baggage (whether as Checked Baggage or Unchecked Baggage):
- a) Items that you are forbidden from carrying by law, including, without limitation, compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, poisons, infectious substances, oxidising materials and briefcases with installed alarm devices.
- b) Any item likely to put the aircraft or people or property on board the aircraft in danger. These include, without limitation, the items shown in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations.
- c) Items which we may determine at our sole discretion as unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, we will take account of the type of aircraft being used.
- d) Live animals except as provided for in Article 6.8.
If we discover that you are carrying items forbidden by these Conditions of Carriage, we may, at our absolute discretion, refuse to carry them or you and, if so, we will neither refund you any amount paid by you nor be liable to you for any loss, Damage, costs, fees and/or expenses that you incur as a result.
6.3.2 Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage. Firearms and ammunition for hunting and sporting purposes may, at our absolute discretion, be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, accompanied by relevant licensing or other documentation, and suitably packed. Carriage of ammunition is subject to ICAO and IATA Dangerous Goods Regulations. If you intend to include firearms and/or ammunition for hunting and sporting purposes in your Checked Baggage you must inform us of that fact before checking in. If you fail to inform us of that fact we reserve the right to decline to carry such items. We reserve the right to charge a handling fee, in the event that such firearms and/or ammunition are carried.
6.3.3 Weapons such as antique firearms, swords, archery bows, arrows, knives, and similar items may be accepted as Checked Baggage or refused carriage altogether, at our absolute discretion, but will not be permitted in the cabin of the aircraft.
6.3.4 You must not include in Checked Baggage money, jewellery, precious metals, computers, personal electronic devices (including, without limitation mobile phones and any device capable of transmitting or receiving data and/or telephonic, electronic or radio communications), fragile or perishable items, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
6.3.5 If, despite being prohibited, any items referred to in Articles 6.3.1 - 6.3.4 are included in your Baggage, we shall not be responsible for any loss of damage to such items.
6.3.6 If we discover that you are carrying items forbidden by these Conditions of Carriage, by any other regulations that we may have, or by any applicable law, we may refuse to carry them and you and, if so, we will neither refund you any amount paid by you nor be liable to you for any loss, Damage, costs, fees and/or expenses that you incur as a result. Please ask us for information about forbidden items if you need it.
6.4 CHECKED BAGGAGE
6.4.1 Checked Baggage must have your name or other personal identification securely affixed to it. When you check in your Checked Baggage, we will give you a Baggage Identification Tag for each piece.
6.4.2 We will carry your Checked Baggage, whenever possible, on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on another flight or on such other mode of transport as we may, in our absolute discretion, select. If we carry your Checked Baggage on another flight or mode of transport we will notify you when it is ready for collection, unless any applicable law requires you to be present for customs clearance. In the event that we transport your Checked Baggage on another flight or mode of transport, you accept and agree that we will not be under any liability to you of whatsoever kind, howsoever arising, as a result of the late delivery of such Checked Baggage.
6.4.3 We reserve the right to refuse to carry Checked Baggage if we reasonably believe that it is not properly and securely packed in a suitable container or containers.
6.5 RIGHT OF SEARCH
For reasons of safety and security we may request that you permit a search, x-ray or other type of scan (including a body scan) be made of your person and/or 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 Articles 6.3.1 and 6.3.4 or any firearms, ammunition or weapons, which have not been presented to us in accordance with Articles 6.3.2 or 6.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event an x-ray or other scan causes Damage to you or your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.
6.6 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
6.6.1 You must collect your Checked Baggage as soon as it has been made available at your place of destination. If you do not collect it within 2 hours from when it is made available, we may charge you a storage fee. If you do not claim your Checked Baggage within 1 month from the date we make it available, we may dispose of it without having any liability to you.
6.6.2 Only the person with the Baggage Identification Tag, and, if one has been issued, the baggage receipt, is entitled to delivery of the Checked Baggage. Delivery of the Checked Baggage may be withheld pending payment of any outstanding sums owing to us under these Conditions of Carriage.
6.6.3 If a person claiming a piece of Checked Baggage cannot produce the Baggage Identification Tag and, if one has been issued, the baggage receipt, we will deliver the Baggage to them only on condition that they can establish to our satisfaction that the Baggage is theirs and if required by us, such person shall provide us with adequate security to indemnify us for any loss, damage, cost or expense which may be incurred by us as a result of such delivery.
6.6.4 Acceptance of Baggage by the bearer of a baggage receipt or a Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with these Conditions of Carriage.
6.6.5 We are under no obligation to ascertain that you are entitled to delivery of the Checked Baggage and will not be responsible for, nor have any liability in respect of, items removed from your Baggage by airport security personnel acting in accordance with local, international or government authority, whether or not any such items are subsequently retained or destroyed.
6.7 LOST/DAMAGED BAGGAGE
We will not be liable for any Damage to Baggage which is not permitted to be carried or which is handled by third parties.
6.8.1 We reserve the right, at our absolute discretion, to refuse to carry any animals. If we agree to carry your animals they will be carried subject to the following conditions and the IATA Live Animal Regulations:
6.8.2 Any request for the carriage of any animal must be made to us prior to making a Booking. We are not obliged to accept carriage of any animal if any request is made at a later stage.
6.8.3 You must ensure that animals, including, without limitation, dogs, cats, household birds and other pets, are properly crated and accompanied by valid health and vaccination certificates, entry permits and other documents required by countries of entry or transit failing which, they will not be accepted for carriage. Such carriage may be subject to additional conditions specified by us, which are available on request.
6.8.4 If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute Excess Baggage, for which you will be obliged to pay the applicable rate.
6.8.5 Subject to there being available space and to the other provisions of this Article 6.8, guide dogs and assistance dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free Baggage allowance, save that we may make a charge if an adjacent seat has to be withdrawn from use to accommodate a Passenger with a disability and their accompanying assistance dog.
6.8.6 We will have no liability in respect of any animal not having all the necessary exit, entry, health and other documents necessary and/or recommended with respect to the animal’s entry into or passage through any country, state or territory. The person carrying the animal must reimburse us for any fines, costs, losses or liabilities reasonably imposed on or incurred by us as a result. Except in the case of our own negligence, we are not responsible for Damage to or sickness or death of an animal which we have agreed to carry.
6.9 SPORTING / OTHER EQUIPMENT
6.9.1 Sporting equipment including, but not limited to, golf clubs, bicycles, scooters, surfboards, bodyboards, snowboards and skis must be carried, subject to availability and space, in the hold of the aircraft in addition to your personal Checked Baggage allowance. Requests for carriage of such equipment must be made prior to making a Booking. We reserve the right to refuse carriage of such equipment where a request is made after completion of a Booking. The fees payable for carriage of these items will be charged at the rates applicable from time to time and available on our website or upon request from us. No additional clothing or items can be stored within the sporting equipment.
6.9.2 Subject to availability and space, any other equipment such as musical instruments which we allow to be carried must be checked into the hold as Excess Baggage and will incur the Excess Baggage charges at the rates applicable from time to time and available on our website or upon request from us.
6.10 HUMAN REMAINS
6.10.1 We may, at our absolute discretion, permit the carriage of cremated human remains, provided that (a) you obtain our prior written consent not less than 48 hours in advance of your Check-in Deadline and (b) the remains are packed in a secure and appropriate container.
6.10.2 A copy of the death certificate and cremation certificate should accompany the remains. Upon checking in, you must inform our staff that the relevant Baggage contains human remains.
ARTICLE 7 – FLIGHT OPERATIONS
7.1 CAPTAIN’S DISCRETION
The captain shall have absolute discretion:
- a) To refuse to carry any Passenger and/or Baggage.
- b) To decide whether and when the aircraft should take off and where and when the aircraft should be landed.
- c) Generally, as to all matters relating to the operation of the aircraft.
7.2 OPERATIONAL INFORMATION
7.2.1 All operational details and schedules are subject to the timely granting of slots, required permits and clearances by the relevant airport authorities, governments and regulating bodies.
7.2.2 We will endeavour to carry you and your Baggage with reasonable dispatch. However, times shown in timetables, on Tickets or elsewhere are not guaranteed and do not form part of your contract with us. Schedules are subject to change without notice. We may, without notice, substitute alternate aircraft, change the flight time, cancel, delay, divert a flight or deny boarding to a flight.
7.2.3 If we change the flight time or cancel, delay or divert a flight after the Ticket has been issued, we shall make reasonable efforts to inform the Booker of the changes, using the contact details provided to us upon Booking.
7.2.4 If we have to cancel a flight, you will have a choice of rebooking your flight with us at a different date and time, or obtaining a refund in accordance with Article 4.6.2. Subject to availability, we may be able to assist you rebooking with an alternative air carrier or other transport provider. Where this is the case, your Booking for the affected flight will be cancelled and the new travel arrangements will be subject to the terms and conditions of the alternative air carrier or other transport provider. You agree that we will have no liability whatsoever (howsoever arising) to you in relation to, or in any way arising out of, such new travel arrangements.
7.2.5 We will not be liable for any direct, incidental, indirect or consequential damages, financial or otherwise, arising from the foregoing including, but not limited to, missed connecting flights.
7.2.6 We will not be responsible for any costs incurred by you as a result of any cancellation, delay, deviation or diversion of any flight or if you are denied boarding and you shall be responsible for arranging / obtaining and paying for any and all accommodation, refreshments, meals, transportation, and additional expenses arising therefrom.
7.2.7 We will not be liable for any errors or omissions in timetables or other publications of schedules or in statements or representations made by our employees, Authorised Agents or representatives as to the dates or times of departure or arrival or as to the operation of any flight.
7.3.1 We do not provide carriage to Passengers under 16 years of age, except as set out in this Article 7.3.
7.3.2 Passengers under 12 years of age must be accompanied by a Passenger above the age of 16 years who will take full responsibility for them.
7.3.3 Passengers between the ages of 12 and 16 years may travel unaccompanied provided they carry with them at all times a fully completed consent form which is available on our website and a copy of their parent or guardian’s passport or identity document.
7.3.4 If you fail to comply with the provisions of this Article 7.3, we may refuse to carry you, in which case we will neither refund you any amount paid by you nor be liable to you for any loss, Damage, costs, fees and/or expenses that you incur.
7.4 PREGNANT PASSENGERS
7.4.1 We do not provide carriage to Passengers who are more than 27 weeks pregnant at the time of the scheduled return flight, except as set out in this Article 7.4.
7.4.2 We may provide carriage to Passengers who are between 27 weeks and 36 weeks pregnant at the time of the scheduled return flight, provided that a valid doctor’s or midwife’s certificate is issued and presented at the time of check-in stating that such Passenger is fit to travel.
7.4.3 We may provide carriage to Passengers who are more than 36 weeks pregnant provided that we consent in writing and are supplied with a valid doctor’s or midwife’s certificate at the time of check-in (issued within 7 Days of the Check-in Deadline) stating that such Passenger is fit to travel.
7.4.4 We may provide carriage to pregnant Passengers who have reached their estimated delivery date provided that we consent in writing and are supplied with a valid doctor’s or midwife’s certificate at the time of check-in (issued within 24 hours of the Check-in Deadline), and the pregnant Passenger is accompanied by an escort.
7.5 DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY
7.5.1 Whilst we will make all reasonable efforts to provide Carriage to disabled persons or persons with reduced mobility, due to the size of the aircraft we operate, we may be unable to do so.
7.5.2 Passengers described in Article 7.5.1 above include, but are not limited to, people with a temporary or permanent physical impairment (sensory or locomotory), an intellectual impairment or any other type of disability.
7.5.3 Passengers with disabilities or reduced mobility must inform us of any additional requirements at the time of Booking or, at the latest, 48 hours prior to the scheduled departure of the flight. If it is practical and safe for us to do so, we may provide carriage to you in compliance with your requirements and issue a Ticket accordingly.
7.5.4 Passengers may be asked to complete a mobility aid request form.
7.5.5 If we issue a Ticket to a Passenger who is disabled or has reduced mobility, we may require that such Passenger travel with another Passenger, for the purposes of providing necessary assistance to the disabled Passenger, whether in the normal course of travel or to assist in the evacuation from the aircraft in event of emergency or the understanding of safety instructions.
7.5.6 In our absolute discretion, we may accept the carriage of electric wheelchairs or mobility scooters, dependent on their size and battery types and subject to available space. Passengers are required to notify us at the time of Booking if such a wheelchair or mobility scooter will accompany the Passenger and must notify us if these details change prior to the scheduled departure date. We will decline the carriage of electric wheelchairs or mobility scooters where the size or battery type cannot be accommodated on our aircraft.
7.5.7 We may decline to carry Passengers who are confined to a stretcher.
ARTICLE 8 – ADMINISTRATIVE FORMALITIES
You are solely responsible for complying with all laws, regulations, orders, demands and travel requirements, and with our regulations and any instructions that we may issue to you. We are not liable for any assistance or information given by any agent or employee of us to you and/or any Passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands and/or requirements, whether given in writing or otherwise, or for the consequences resulting from any failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
8.2 TRAVEL DOCUMENTS
Prior to travel, you must obtain and, when required to do so, present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement, and permit us to take and retain copies of them. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear (at the time of travel or thereafter as reasonably required) to be in order. You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements. We shall not be in any way liable to you for any loss, expense or Damage resulting from your failure to arrange the necessary travel documents, ensure that the same are current and valid, or to obey applicable regulations and/or laws.
8.3 REFUSAL OF ENTRY AND RESPONSIBILITY FOR FINES
8.3.1 If you are refused entry to a country, you must pay, or reimburse us, in respect of any fine, penalty or charge imposed on us by the government/authority concerned; any detention costs we are charged; the fare for transporting you back to your place of departure; and any other costs we reasonably pay or agree or are forced to pay. We will not refund to you the fare for carrying you to the place where you were denied entry.
8.3.2 If we have to pay any fine, penalty, fee, charge or costs because you have failed to obey any laws or regulations, or other travel requirements or to produce the necessary documents, you must reimburse us the amount we have paid, in addition to any administration penalty charges that we (in our absolute discretion) determine are payable by you. We may take this amount from the value of any unused part of your Ticket, or any of your money we have in our possession.
8.4 CUSTOMS INSPECTION AND SECURITY SCREENING
8.4.1 If necessary, you must be present when your Baggage is inspected by customs or other government officials. We will not be liable to you for any Damage you suffer in the course of an inspection or because you are not present.
8.4.2 You must at any time allow us, government officials or airport officials, to carry out security screening of you and your Baggage. Such screening could be performed more than once.
ARTICLE 9 – ARRANGEMENTS FOR ADDITIONAL SERVICES
If we make arrangements for you with any third party to provide any services including carriage by air, or if we issue a ticket or voucher relating to transportation or services (including carriage by air) provided by a third party such as another airline, ground transportation, hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party supplier will apply as between you and the third party and we shall have no liability to you (howsoever arising) in making such arrangements.
ARTICLE 10 – RIGHT TO REFUSE CARRIAGE
10.1 We may refuse to carry you or your Baggage if one or more of the following has occurred or we reasonably believe may occur:
- We have notified you in writing that we will not carry you on our flights;
- Such action is necessary in order to comply with any applicable laws, regulations or orders;
- If the carriage of you and/or your Baggage may endanger or affect the safety of the aircraft or the safety, health or materially affect the comfort of other Passengers and/or crew;
- If you are, or we reasonably believe you to be, under the influence of alcohol or drugs or in unlawful possession of drugs;
- lf your mental or physical state is a danger or risk to you, the aircraft or any person aboard the aircraft;
- If you have refused to allow a security check to be carried out on you or your Baggage or have failed to provide information when requested by a government authority;
- If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security and/or used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or any person therein;
- If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft or any person therein;
- If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties;
- If you have put the safety of either the aircraft or any person aboard it in danger;
- If you have made a hoax threat relating to bombs, acts of terror, biological or chemical weapons, and/or any similar threat;
- If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft;
- If you have not, or do not appear to have, valid travel documents (including identification), destroy your travel documents during the flight, refuse to surrender your travel documents to a member of the crew when so requested or refuse to allow us to photocopy your travel documents;
- If you try to enter, or have entered, a country for which your travel documents are not valid.
- If carrying you would break government laws, regulations, or orders; if you have refused to give us information which a government authority has asked us to provide about you.
- If you have not presented a valid Ticket;
- If you have not paid the fare (including any taxes, fees, charges or surcharges) for your journey;
- If you have presented a Ticket acquired illegally;
- If you have presented a Ticket which you did not buy from us or our Authorised Agent;
- If you have presented a Ticket which was not issued by us or our Authorised Agent;
- If you have presented a Ticket which has been reported as being lost or stolen;
- If you have presented a counterfeit Ticket;
- If you have presented a Ticket with an alteration made neither by us nor our Authorised Agent, which is spoiled, torn or damaged or otherwise tampered with;
- If you cannot prove you are the person named in the Ticket when presenting for check-in or boarding;
- If you have failed to present your Ticket or your boarding pass or your travel documents to us when reasonably asked to do so; if you have failed to complete the check-in process by the Check-in Deadline; if you have failed to arrive at the boarding gate by the boarding deadline; if you have failed to comply with requirements relating to the sequence of Coupon usage;
- If you have refused or failed to undergo health screening or a health examination requested by us or by a government or enforcement agency;
- If you have behaved in a way mentioned above on or in connection with a previous flight and we believe you may repeat this behaviour.
10.2 We reserve the right to retain the Ticket presented in any of the circumstances set out above.
10.3 If you are refused carriage for any reason set out in Article 10.1 above or 11.1.1 below, we may cancel either the whole or the remaining part of your Ticket. You will not be entitled to further carriage or any refund in respect of the cancelled Ticket (or part thereof) and we will not be liable for any direct, indirect or consequential losses (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of goodwill or wasted office time) or other Damage due to any such refusal.
ARTICLE 11 – CONDUCT ABOARD AIRCRAFT
11.1 UNACCEPTABLE BEHAVIOUR
11.1.1 If, while you are on board the aircraft, we determine that you have put the aircraft, or any person/item onboard, in danger; deliberately interfered with the crew in carrying out their duties; failed to obey the instructions of the crew; failed to obey the seat-belt or no-smoking signs; committed a criminal offence; allowed your physical or mental state to become affected by drink or drugs; failed to obey the crew’s instructions relating to drink or drugs; made a hoax bomb or security threat; threatened, abused or insulted the crew or other customers or behaved in a threatening, abusive, insulting or disorderly way towards the crew or other customers or behaved in a way which causes discomfort, inconvenience, Damage to other customers or injury to the crew, or in any other way behaved in breach of any law, regulation or statute, we may take any measures we determine reasonable to prevent you continuing your behaviour, including restraint.
11.1.2 When the aircraft lands, we may decide to make you leave the aircraft; refuse to carry you on the remaining sectors of the journey shown on your Ticket; and report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed.
11.1.3 If, as a result of your behaviour, we divert the aircraft to an unscheduled place of destination, you must pay us the reasonable and proper costs of the diversion in addition to any and all damages, losses, costs, fees, expenses and charges and consequential losses as may be incurred by us resulting from such diversion.
11.2 ELECTRONIC DEVICES
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, mobile telephones; smartphones; laptop computers; tablets; personal recorders; personal radios; MP3, cassette, CD and DVD players; electronic games, personal reading devices or transmitting devices. You must not use these items when we have told you that they are not allowed. Failing to comply will constitute unacceptable behaviour pursuant to this Article 11. The use of hearing aids and heart pacemakers is permitted.
11.3 FITNESS TO FLY
11.3.1 It is your responsibility to make sure that you are medically fit to travel and fly. To the extent should you have any doubts, you must seek and then follow professional medical advice. We reserve the right to request a medical certificate from a qualified medical practitioner provided by you documenting your fitness to fly. If you fail or refuse to produce the certificate, we reserve the right to refuse to carry you.
11.3.2 If you fall ill during your flight to the extent that the crew are genuinely and urgently concerned for your wellbeing, we reserve the right to divert the aircraft to the nearest airfield and require you to leave the aircraft to receive medical treatment. In such circumstances, you must leave the aircraft when requested to do so by the captain.
11.3.3 Should you become ill aboard the aircraft, as described in Article 11.3.2 above, we reserve the right to require you to pay to us the cost of expenses paid by us in treating you aboard the aircraft, transporting you on the ground, and paying for treatment provided by a third party on the ground. We also reserve the right to require that you reimburse any extra costs we incur that are associated with any medical diversion.
ARTICLE 12 – LIABILITY
12.1.1 Our liability to you for the Carriage by us of Passengers and Baggage is governed by the rules and limitations relating to liability established by the Convention, where it applies, and by Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council), and any applicable law that is not inconsistent with the foregoing. Nothing in these Conditions of Carriage waives any exclusion or limitation of our liability available under the Convention or the aforementioned Regulations, or under any applicable law, unless otherwise expressly stated in writing by us or gives up any defence available to us.
12.1.2 Passenger Death or Injury
- a) Our liability for proven damages sustained in the event of the death of, wounding or other bodily injury to a Passenger in the event of an accident shall not be subject to any financial limit.
- b) For proven damages up to and including 113,100 SDRs, we will not exclude or limit our liability, except that, if we prove that the Damage was caused or contributed to by the negligence or other wrongful act or omission of the injured or deceased Passenger or of the person claiming compensation, we may be wholly or partly exonerated from our liability.
- c) For proven damages in excess of 113,100 SDRs, we can exclude or reduce our liability if we prove either:
- That the Damage was not due to the negligence or other wrongful act or omission of us or our servants or agents; or
- That the Damage was solely due to the negligence or other wrongful act or omission of a third party.
In the event of such an exclusion or reduction in liability, any damages owing in excess of 113,100 SDRs shall be reduced or excluded accordingly.
- d) We shall, without delay and in any event no later than 15 Days after the identity of the natural person(s) entitled to compensation has been established (by a court or otherwise), make such advance payments as may be required to meet the immediate economic needs of that person on a basis proportional to the hardship suffered, provided that in the event of death, the advance payment will not be less than the equivalent of 16,000 SDRs per Passenger.
- e) Any advance payment made pursuant to Article 1.2(d) above;
- Shall not be construed as an admission of liability by us and is made without prejudice to any defence which we are entitled to assert;
- May be offset against any subsequent sums payable on the basis of us being held liable; and
- Is not returnable, unless we subsequently prove that the Damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the deceased or injured Passenger or the person who received the advance payment; or the person who received the payment was not the person to whom such compensation should properly have been paid.
- f) Save to the extent that applicable law may otherwise provide, where any advance payment paid pursuant to Article 12.1.2(d) above, or any part thereof, is returnable to us pursuant to Article 1.2(e)iii above, the person who received the payment concerned shall make the repayment to us immediately upon the relevant proof being established (in a court or otherwise), together with interest calculated from the date of receipt of the payment by that person until the date of repayment to us, at the then current judgment rate applicable in the court having jurisdiction.
- g) In respect of any advance payment to be made pursuant to Article 12.1.2(d) above, or any figure expressed in local currency to an amount in Special Drawing Rights, the amount of local currency shall be calculated at the prevailing rate set by the International Monetary Fund for the relevant dates.
- h) If a Passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, we shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such.
12.1.3 Damage to Baggage
- a) In respect of Checked Baggage, we shall be liable to you for its destruction, loss or Damage during the time it was in our charge and to the extent that such destruction, loss or Damage did not result from any inherent defect, quality or vice of the Checked Baggage.
- b) We shall not be liable to you for Damage due to over-packing, Damage to handles of all types, wheels, feet and pockets or for the loss of pull straps, security straps, and external locks or any other minor Damage that may result from everyday wear and tear.
- c) We are not liable for any Damage to your Unchecked Baggage (other than Damage caused by delay, as set out at Article 1.4 below) unless the Damage was caused by our negligence or by the negligence of our agents
- d) Save as set out in Article 12.1.3(g), our liability to you in respect of any Damage caused to your Baggage, including Damage caused by delay, is limited to a maximum of 1,131 SDRs per Passenger, unless you prove that the Damage resulted from an act or omission by us or by our agents, and was done either:
- With intent to cause Damage; or
- Recklessly and with knowledge that Damage would probably result,
And, in the case of such an act or omission of our employees or agents, you prove that they were acting within the scope of their employment.
- e) SDRs shall be converted into the appropriate national currency as at the date of judgment or settlement.
- f) We are not liable in any event in respect of loss or Damage to Baggage which is not permitted to be carried pursuant to Article 6.3.
- g) Our liability to you under Article 1.3(d) above shall be limited to a maximum of 1,131 SDRs per Passenger unless a higher value is declared when dropping off your Checked Baggage with us and a supplemental fee paid as notified to you at that time, in which case our liability shall be limited to such higher declared value (save for such higher sum being limited to the value of the Passenger’s actual interest in delivery at destination). A declaration can only be made at the time of travel. We reserve the right to check whether any value declared adequately reflects the Checked Baggage content. We also have the right to provide proof, in the event of Damage, that the amount declared was higher than the genuine interest at the time of delivery. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.
- h) We are not liable for any Damage caused by your Baggage. Instead, you are responsible for any such Damage caused by your Baggage either to other Passengers and their Baggage, any third parties and their property, or to us and our property. Any Passenger whose property causes injury to another person or loss or Damage to another person’s property or to our property shall indemnify us for all Damage, losses, costs and expenses incurred by us as a result thereof.
Our liability for Damage caused to a Passenger by delay is limited by the Convention to 4,694 SDRs. We shall not be liable to you for any delay, however, if we prove that we and/or our agents took all reasonable measures to avoid the Damage or it was otherwise impossible for us or our agents to take such measures.
12.2 GENERAL PROVISIONS
To the extent not in conflict with the foregoing:
12.2.1 We are not liable for any loss or Damage arising from our compliance with any laws or government regulations, orders or requirements, or from failure of a Passenger to comply with the same;
12.2.2 Our liability shall not exceed the amount of proven damages. We shall furthermore not be liable for punitive, indirect or consequential damages of any nature whatsoever and howsoever arising;
12.2.3 Any exclusion or limitation of our liability shall apply to and be for the benefit of our agents, employees and representatives and any person whose aircraft is used by us and such person’s agents, employees and representatives to the same extent as they apply to us. The aggregate amount recoverable from us and from such agents, employees, representatives and persons shall not exceed the amount of our limit of liability, if any.
12.3 Unless so expressly provided, nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws and, to the extent consistent with the Convention, in no event will our obligations exceed any liability specified in these Conditions of Carriage.
ARTICLE 13 – TIME LIMITATION ON CLAIMS AND ACTIONS
13.1 CHECKED BAGGAGE CLAIMS
If your Checked Baggage is damaged, you must complain in writing to us immediately you discover the Damage and at the latest, in writing within 7 (seven) Days from the date you received the Checked Baggage. Complaints about delay to Checked Baggage must be made to us in writing within 21 (twenty one) Days of the baggage being made available to you.
13.2 LIMITATION OF ACTIONS
You will have no right to damages if an action is not brought within 2 years, calculated from the date of arrival at the destination, or the date on which the aircraft ought to have arrived, or the date on which the carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard.
ARTICLE 14 – CHOICE OF LAW AND JURISDICTION
14.1 Unless otherwise provided by the Convention or applicable law, these Conditions of Carriage and all services provided by us to you pursuant to them, and all non-contractual obligations arising out of or in connection with the Conditions of Carriage or such services, shall be governed by the laws of England & Wales.
14.2 You must bring proceedings in respect of these Conditions of Carriage and all services provided by us to you pursuant to them, and all non-contractual obligations arising out of or in connection with the Conditions of Carriage or such services, in the courts of England & Wales. However, as a Consumer:
- a) If you live in Scotland you can bring legal proceedings in respect of these Conditions of Carriage and all services provided by us to you pursuant to them, and all non-contractual obligations arising out of or in connection with the Conditions of Carriage or such services, in either the Scottish or the English Courts;
- b) If you live in Northern Ireland you can bring legal proceedings in respect of these Conditions of Carriage and all services provided by us to you pursuant to them, and all non-contractual obligations arising out of or in connection with the Conditions of Carriage or such services, in either the Northern Irish or the English Courts; and
- c) If you are resident in another member state of the European Union, you may be able to bring proceedings in the member state on which you are resident.
14.3 If you are a Consumer resident in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Conditions of Carriage, including Article 14.1, affects your rights as a Consumer to rely on such mandatory provisions of local law.
ARTICLE 15 – INSURANCE
A Booking is not covered by any scheme of financial protection and you should ensure that you have adequate insurance cover for your entire travel arrangements, including, without limitation, to cover the value of your Baggage.