|
Article
1 . WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
As you read these conditions, please note that:
"We", "our" "ourselves"
and "us" means OLYMPIC
AIRLINES.
"You", "your" and "yourself"
means any person,
except
members
of the crew, carried or to be carried in an aircraft
pursuant
to a Ticket. (See also definition for "Passenger").
"AGREED STOPPING PLACES" means those places,
except the place of departure and the place of destination,
set out in the Ticket or shown in our timetables as
scheduled stopping places on your route.
"AIRLINE DESIGNATOR CODE" means the two-characters
or three letters which identify particular air carriers.
"AUTHORISED AGENT" means a passenger sales
agent who has been appointed by us to represent us
in the sale of air transportation on our services.
"BAGGAGE" means your personal property accompanying
you in connection with your trip. Unless otherwise
specified, it consists of both your Checked and Unchecked
Baggage.
"BAGGAGE CHECK" means those portions of the
Ticket which relate to the carriage of your Checked
Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document
issued solely for identification of Checked Baggage.
"CARRIER" means an air carrier other than
ourselves, whose airline designator code appears on
your Ticket or on a Conjunction Ticket.
"CHECKED BAGGAGE" means Baggage of which
we take custody and for which we have issued a Baggage
Check.
"CHECK-IN DEADLINE" means the time limit
specified by the airline by which you must have completed
check-in formalities and received your boarding pass.
"CONDITIONS OF CONTRACT" means those statements
contained in or delivered with your Ticket or Itinerary/Receipt,
identified as such and which incorporate by reference,
these Conditions of Carriage and notices.
"CONJUNCTION TICKET" means a Ticket issued
to you with relation to another Ticket which together
constitute a single contract of carriage.
"CONVENTION" means the Montreal Convention
of 1999 for the Unification of Certain Rules for International
Carriage by Air.
"COUPON" means both a paper Flight Coupon
and an Electronic Coupon, each of which entitle the
named passenger to travel on the particular flight
identified on it.
"DAMAGE" includes death, wounding, or bodily
injury to a Passenger, loss, partial loss, theft or
other damage, arising out of or in connection with
carriage or other services incidental thereto performed
by us.
"DAYS" mean calendar days, including all
seven days of the week; provided that, for the purpose
of notification, the day upon which notice is dispatched
shall not be counted; and provided further that for
purposes of determining duration of validity of a Ticket,
the day upon which the Ticket is issued, or the flight
commenced shall not be counted.
"ELECTRONIC COUPON" means an electronic flight
coupon or other value document held in our database.
"ELECTRONIC TICKET" means the Itinerary/Receipt
issued by us or on our behalf, the Electronic Coupons
and, if applicable, a boarding document.
"FLIGHT COUPON" means that portion of the
Ticket that bears the notation "good for passage,"
or in the case of an Electronic Ticket, the Electronic
Coupon, and indicates the particular places, between
which you are entitled to be carried.
"FORCE MAJEURE" means unusual and unforeseeable
circumstances beyond your control, the consequences
of which could not have been avoided, even if all due
care had been exercised. "ITINERARY/RECEIPT"
means a document or documents we issue to Passengers
travelling on Electronic Tickets that contains the
Passenger' s name, flight information and notices.
"PASSENGER" means any person, except members
of the crew, carried or to be carried in an aircraft
pursuant to a Ticket (See also definition for "you",
"your" and "yourself").
"PASSENGER COUPON" or "PASSENGER RECEIPT"
means that portion of the Ticket issued by us or on
our behalf, which is so marked and which ultimately
is to be retained by you.
"SDR" means a Special Drawing Right as defined
by the International Monetary Fund.
"STOPOVER" means a scheduled stop on your
journey, at a point between the place of departure
and the place of destination.
"TARIFF" means the published fares, charges
and/or related Conditions of Carriage of an airline
filed, where required, with the appropriate authorities.
"TICKET" means either the document entitled
"Passenger Ticket and Baggage Check" or the
Electronic Ticket, in each case issued by us or on
our behalf, and includes the Conditions of Contract,
notices and Coupons.
"UNCHECKED BAGGAGE" means any of your Baggage
other than Checked Baggage.
ARTICLE 2. APPLICABILITY
2.1 GENERAL
Except as provided in Articles 2.2, 2.4 and 2.5, our
Conditions of Carriage apply only on those flights,
or flight segments, where our name or Airline Designator
Code (OA) is indicated in the carrier box of the Ticket
for that flight or flight segment.
2.2 CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement,
these Conditions of Carriage apply only to the extent
they are incorporated by reference or otherwise, in
the charter agreement or the Ticket.
2.3 CODE SHARES
On some services we have arrangements with other carriers
known as "Code Shares". This means that,
even if you have a reservation with us and hold a ticket
where our name or airline designator code is indicated
as the carrier, another carrier may operate the aircraft.
If such arrangements apply we will advise you of the
carrier operating the aircraft at the time you make
a reservation.
2.4 OVERRIDING LAW
These Conditions of Carriage are applicable, unless
they are inconsistent with our Tariffs or applicable
law, in which event such Tariffs or laws shall prevail.
If any provision of these Conditions of Carriage is
invalid under any applicable law, the other provisions
shall nevertheless remain valid.
2.5 CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage,
in the event of inconsistency between these Conditions
of Carriage and any other regulations we may have,
dealing with particular subjects, these Conditions
of Carriage shall prevail.
ARTICLE 3 . TICKETS
3.1 GENERAL PROVISIONS
3.1.1 We will provide carriage only to the Passenger
named in the Ticket, and you may be required to produce
appropriate identification.
3.1.2 A Ticket is not transferable.
3.1.3 Some Tickets are sold at restricted fares, which
may be partially or completely non-refundable. You
should choose the fare best suited to your needs. You
may also wish to ensure that you have appropriate insurance
to cover instances where you have to cancel your Ticket.
3.1.4 The Ticket is and remains at all times the property
of the issuing carrier.
3.1.5 Except in the case of an Electronic Ticket, you
shall not be entitled to be carried on a flight, unless
you present a valid Ticket containing the Flight Coupon
for that flight and all other unused Flight Coupons
and the Passenger Coupon. In addition, you shall not
be entitled to be carried, if the Ticket presented
is mutilated or if it has been altered otherwise than
by us or our Authorised Agent. In the case of an Electronic
Ticket, you shall not be entitled to be carried on
a flight, unless you provide positive identification
and a valid Electronic Ticket has been duly issued
in your name.
3.1.6(a) In case of loss or mutilation of a Ticket
(or part of it) by you or non-presentation of a Ticket
containing the Passenger Coupon and all unused Flight
Coupons, according to rules set by the Company, we
will replace such Ticket (or part of it) by issuing
a new Ticket, provided there is evidence, readily ascertainable
at the time, that a Ticket valid for the flight(s)
in question was duly issued and you sign an agreement
to reimburse us for any costs and losses, up to the
value of the original ticket, which are necessarily
and reasonably incurred by us or another carrier for
misuse of the Ticket. We will not claim reimbursement
from you for any such losses, which result from our
own negligence. The issuing carrier may charge a reasonable
administration fee for this service, unless the loss
or mutilation was due to the negligence of the issuing
carrier, or its agent.
3.1.6(b) Where such evidence is not available or you
do not sign such an agreement, the carrier issuing
the new Ticket may require you to pay up to the full
Ticket price for a replacement Ticket, subject to refund,
if and when the original issuing carrier is satisfied
that the lost or mutilated Ticket has not been used
before the expiry of its validity. If, upon finding
the original Ticket before the expiry of its validity,
you surrender it to the carrier issuing the new Ticket,
the foregoing refund will be processed at that time.
3.1.7 A ticket is valuable and you should take appropriate
measures to safeguard it and ensure it is not lost
or stolen.
3.2 PERIOD OF VALIDITY
3.2.1 Except as otherwise provided in the Ticket, in
these Conditions, or in applicable Tariffs, which may
limit the validity of a ticket, in which case the limitation
will be shown on the Ticket and must be observed, a
Ticket is valid for:
3.2.1 (a) one year from the date of issue; or
3.2.1(b) subject to the first travel occurring within
one year from the date of issue, one year from the
date of first travel under the Ticket.
3.2.2 If, after having commenced your journey, you
are prevented from travelling within the period of
validity of the Ticket by reason of illness, such illness
must be attested to by a medical certificate. According
to the conditions governing the fare on your Ticket,
we will put reasonable efforts to transport you on
the first available space in the same class of service
for which the fare has been paid. In the event of death
of a Passenger en route, the Tickets of persons accompanying
the Passenger may be modified by waiving the minimum
stay or extending the validity.
3.3 COUPON SEQUENCE AND USE
3.3.1 The Ticket you have purchased is valid only for
the transportation as shown on the Ticket, from the
place of departure via any Agreed Stopping Places to
the final destination.
The fare you have paid is based upon our Tariff and
is for the transportation as shown on the Ticket. It
forms an essential part of our contract with you. The
Ticket will not be honoured and will lose its validity,
if all the Coupons are not used in the sequence provided
in the Ticket.
3.3.2 Should you wish to change any aspect of your
transportation you must contact us in advance. The
fare for your new transportation will be calculated
and you will be given the option of accepting the new
price or maintaining your original transportation as
ticketed. Should you be required to change any aspect
of your transportation due to Force Majeure, you must
contact us as soon as practicable and we will use reasonable
efforts to transport you to your next Stopover or final
destination, without recalculation of the fare.
3.3.3 Should you change your transportation without
our agreement, we will assess the correct price for
your actual travel. You will have to pay any difference
between the price you have paid and the total price
applicable for your revised transportation. We will
refund you the difference, if the new price is lower,
but otherwise your unused Coupons have no value.
3.3.4 Please be aware that while some types of changes
will not result in a change of fare, others, such as
changing the place of departure (for example, if you
do not fly the first segment) or reversing the direction
you travel, can result in an increase in price. Many
fares are valid only on the dates and for the flights
shown on the Ticket and may not be changed at all,
or only upon payment of an additional fee.
3.3.5 Each Flight Coupon contained in your Ticket will
be accepted for transportation in the class of service
on the date and flight for which space has been reserved.
When a Ticket is originally issued without a reservation
being specified, space may be later reserved subject
to our Tariff and the availability of space on the
flight requested.
3.3.6 Please be advised that, in the event you do not
show up for any flight without advising us in advance,
we may cancel your return or onward reservations. However,
if you do advise us in advance, we will not cancel
your subsequent flight reservations.
3.4 NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator
Code, or otherwise, in the Ticket. Our address shall
be deemed to be the airport of departure shown opposite
the first abbreviation of our name in the "carrier"
box in the Ticket, or in the case of an Electronic
Ticket, as indicated for our first flight segment in
the Itinerary Receipt.
ARTICLE 4. FARES, TAXES,
FEES AND CHARGES
4.1 FARES
Fares apply only for carriage from the airport at the
point of origin to the airport at the point of destination,
unless otherwise expressly stated. Fares do not include
ground transport service between airports and between
airports and town terminals. Your fare will be calculated
in accordance with our Tariff in effect on the date
of payment of your ticket for travel on the specific
dates and itinerary shown on it. Should you change
your itinerary or dates of travel, this may impact
the fare to be paid.
4.2 TAXES, FEES AND CHARGES Applicable taxes, fees
and charges imposed by government or other authority,
or by the operator, shall be payable by you. At the
time you purchase your Ticket, you will be advised
of taxes, fees and charges not included in the fare,
most of which will normally be shown separately on
the Ticket. The taxes, fees and charges imposed on
air travel are constantly changing and can be imposed
after the date of Ticket issuance. If a new tax, fee
or charge or an increase in a tax, fee or charge is
imposed after Ticket issuance, you will be obliged
to pay it, unless the performance of services is to
be effected no later than four (4) months after the
time of issuance. In the event any taxes, fees or charges,
which you have paid to us at the time of Ticket issuance,
are abolished or reduced such that they no longer apply
to you, or a lesser amount is due, you will be entitled
to claim a refund.
4.3 CURRENCY
Fares, taxes, fees and charges are payable in the currency
of the country, in which the Ticket is issued, unless
another currency is indicated by us or our Authorised
Agent, at or before the time payment is made (for example,
because of the non-convertibility of the local currency).
We may at our discretion, accept payment in another
currency.
ARTICLE 5. RESERVATIONS
5.1 RESERVATION REQUIREMENTS
5.1.1 We or our Authorised Agent will record your reservation(s).
Upon request we will provide you with written confirmation
of your reservation(s).
5.1.2 Certain fares have conditions, which limit or
exclude your right to change or cancel reservations.
5.2 TICKETING TIME LIMITS
If you have not paid for the Ticket prior to the specified
ticketing time limit, as advised by us or our Authorised
Agent, we may cancel your reservation.
5.3 PERSONAL DATA
You recognise that personal data has been given to
us for the purposes of: making a reservation, purchasing
a Ticket, obtaining ancillary services, developing
and providing services, facilitating immigration and
entry procedures, and making available such data to
government agencies, in connection with your travel.
For these purposes, you authorise us to retain and
use such data and to transmit it to our own offices,
Authorised Agents, government agencies, other Carriers
or the providers of the above-mentioned services.
5.4 SEATING
We will endeavour to honour advance seating requests,
however, we cannot guarantee any particular seat. We
reserve the right to assign or reassign seats at any
time, even after boarding of the aircraft. This may
be necessary for operational, safety or security reasons.
5.5 RECONFIRMATION OF RESERVATIONS
5.5.1 Onward or return reservations are subject to
the requirement to reconfirm the reservations within
specified time limits. If you fail to reconfirm, we
may cancel your onward or return reservations. However,
if you advise us that you still wish to travel, and
there is space on the flight in the same class of service
shown on your ticket, we will reinstate your reservations
and transport you. If there is no space on the flight,
we will use reasonable efforts to transport you to
your next or final destination.
5.5.2 You should check the reconfirmation requirements
of any other Carriers involved in your journey with
them. Where it is required, you must reconfirm with
the Carrier, whose code appears for the flight in question
on the Ticket.
5.6 CANCELLATION OF
ONWARD RESERVATIONS
Please be advised that, if you do not show up for any
flight without advising us in advance, we may cancel
your return or onward reservations. However, if you
do advise us in advance, we will not cancel your subsequent
flight reservations.
ARTICLE 6. CHECK-IN AND
BOARDING
6.1 Check-in Deadlines are different at every airport
and we recommend that you inform yourself about these
Check-in Deadlines and honour them. Your journey will
be smoother, if you allow yourself ample time to comply
with the Check-in Deadlines. We reserve the right to
cancel your reservation, if you do not comply with
the Check-in Deadlines indicated. We or our Authorised
Agents will advise you of the Check-in Deadline for
your first flight on us. For any subsequent flights
in your journey, you should inform yourself of the
Check-in Deadlines. Check-in Deadlines for our flights
may be obtained from us or our Authorised Agents.
6.2 You must be present at the boarding gate not later
than the time specified by us when you check-in.
6.3 We may cancel the space reserved for you, if you
fail to arrive at the boarding gate in time.
6.4 We will not be liable to you for any loss or expense
incurred due to your failure to comply with the provisions
of this Article.
ARTICLE 7. REFUSAL AND LIMITATION
OF CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE
In the reasonable exercise of our discretion, we may
refuse to carry you or your Baggage, if we have notified
you in writing that we would not at any time after
the date of such notice carry you on our flights. In
this circumstance you will be entitled to a refund.
We may also refuse to carry you or your Baggage, if
one or more of the following have occurred or we reasonably
believe may occur:
7.1.1 such action is necessary in order to comply with
any applicable government laws, regulations, or orders;
7.1.2 the carriage of you or your Baggage may endanger
or affect the safety, health, or materially affect
the comfort of other passengers or crew;
7.1.3 your mental or physical state, including your
impairment from alcohol or drugs, presents a hazard
or risk to yourself, to passengers, to crew, or to
property;
7.1.4 you have committed misconduct on a previous flight,
and we have reason to believe that such conduct may
be repeated;
7.1.5 you have refused to submit to a security check;
7.1.6 you have not paid the applicable fare, taxes,
fees or charges;
7.1.7 you do not appear to have valid travel documents,
may seek to enter a country through which you may be
in transit, or for which you do not have valid travel
documents, destroy your travel documents during flight
or refuse to surrender your travel documents to the
flight crew, against receipt, when so requested;
7.1.8 you present a Ticket that has been acquired unlawfully,
has been purchased from an entity other than us or
our Authorised Agent, or has been reported as being
lost or stolen, is a counterfeit, or you cannot prove
that you are the person named in the Ticket;
7.1.9 you have failed to comply with the requirements
set forth in Article 3.3 above concerning coupon sequence
and use, or you present a Ticket, which has been issued
or altered in any way, other than by us or our Authorised
Agent, or the Ticket is mutilated;
7.1.10 you fail to observe our instructions with respect
to safety or security.
7.2 SPECIAL ASSISTANCE
Acceptance for carriage of unaccompanied children,
incapacitated persons, pregnant women, persons with
illness or other people requiring special assistance
is subject to prior arrangement with us. Passengers
with disabilities, who have advised us of any special
requirements they may have at the time of ticketing,
and been accepted by us, shall not subsequently be
refused carriage on the basis of such disability or
special requirements.
ARTICLE 8. BAGGAGE
8.1 FREE BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject
to our conditions and limitations, the weight or number
of which is shown on your ticket and are available
upon request from us or our Authorised Agents and are
also available in our Timetable.
8.2 EXCESS BAGGAGE
You will be required to pay a charge for carriage of
Baggage in excess of the free Baggage allowance. These
rates are available from us upon request.
8.3 ITEMS UNACCEPTABLE AS BAGGAGE
8.3.1 You must not include in your Baggage:
8.3.1.1 items which are likely to endanger the aircraft
or persons or property on board the aircraft, such
as those specified in the International Civil Aviation
Organisation (ICAO) Technical Instructions for the
Safe Transport of Dangerous Goods by Air and the International
Air Transport Association (IATA) Dangerous Goods Regulations,
and in our regulations (further information is available
from us on request);
8.3.1.2 items the carriage of which is prohibited by
the applicable laws, regulations or orders of any state
to be flown from or to;
8.3.1.3 items, which are reasonably considered by us
to be unsuitable for carriage because they are dangerous,
unsafe or by reason of their weight, size, shape or
character, or which are fragile or perishable having
regard to, among other things, the type of aircraft
being used. Information about unacceptable items is
available upon request.
8.3.2 Firearms and ammunition other than for hunting
and sporting purposes are prohibited from carriage
as Baggage. Firearms and ammunition for hunting and
sporting purposes may be accepted as Checked Baggage.
Firearms must be unloaded with the safety catch on,
and suitably packed. Securely packed ammunition in
Division 1.4S may be carried in quantities not exceeding
5 kg gross weight per person for that own person's
use, excluding ammunition with explosive or incendiary
projectiles. Allowance for more than one passenger
must not be combined into one or more packages.
Carriage of ammunition is also subject to ICAO and
IATA regulations as specified in
8.3.1.1.
8.3.3 Weapons such as antique firearms, swords, knives
and similar items may be accepted as Checked Baggage,
at our discretion, but will not be permitted in the
cabin of the aircraft. You must confirm with the local
authorities of the country of destination, if importing
such weapons is allowed and ensure that you obtain
any required permit. We will be not liable for any
damages or losses incurred by you, in case the import
of such weapons is not allowed in the country of destination.
8.3.4 You must not include in Checked Baggage money,
jewellery, precious metals, computers, personal electronic
devices, negotiable papers, securities or other valuables,
business documents, passports and other identification
documents or samples.
8.3.5 If, despite being prohibited, any items referred
to in 8.3.1, 8.3.2 and 8.3.4 are included in your Baggage,
we shall not be responsible for any loss or damage
to such items, without prejudice to the
provisions of Article 15.4.2..
8.3.6 To protect you against the new threat of liquid
explosives the European Union has adopted new security
rules that restrict the amounts of liquids that you
can take through security checkpoints. They apply to
all passengers from airports in the EU, Norway, Switzerland,
Iceland whatever their destination. Click here to view
details:
http://ec.europa.eu/transport/air_portal/security/rules_liquids/doc
/2006_aviation_security_new_rules_poster_en.pdf
8.3.7 Please be notified that second to the US Transportation
Security Administration (TSA) mandate, you cannot carry
torch lighters on themselves or in carry-on bags when
travelling to the USA.
8.4 RIGHT TO REFUSE CARRIAGE
8.4.1 Subject to paragraph 8.3.2 and 8.3.3, we will
refuse to carry as Baggage the items described in 8.3,
and we may refuse further carriage of any such items
upon discovery.
8.4.2 We may refuse to carry as Baggage any item reasonably
considered by us to be unsuitable for carriage because
of its size, shape, weight, content, character, or
for safety or operational reasons, or the comfort of
other passengers. Information about unacceptable items
is available upon request.
8.4.3 We may refuse to accept Baggage for carriage
unless it is in our reasonable opinion properly and
securely packed in suitable containers. Information
about packing and containers unacceptable to us is
available upon request.
8.5 RIGHT OF SEARCH
For reasons of safety and security we may request that
you permit a search and scan of your person and a search,
scan or x-ray of your Baggage. If you are not available,
your Baggage may be searched in your absence for the
purpose of determining whether you are in possession
of or whether your Baggage contains any item described
in 8.3.1 or any firearms, ammunition or weapons, which
have not been presented to us in accordance with 8.3.2
or 8.3.3. If you are unwilling to comply with such
request we may refuse to carry you and your Baggage.
In the event a search or scan causes Damage to you,
or an x-ray or scan causes damage to your Baggage,
we shall not be liable for such Damage unless due to
our fault or negligence.
8.6 CHECKED BAGGAGE
8.6.1 Upon delivery to us of your Baggage, which you
wish to check we will take custody of, and issue a
Baggage Identification Tag for, each piece of your
Checked Baggage.
8.6.2 Checked Baggage must have your name or other
personal identification affixed to it.
8.6.3 Checked Baggage will, whenever possible, be carried
on the same aircraft as you, unless we decide for safety,
security or operational reasons to carry it on an alternative
flight. If your Checked Baggage is carried on a subsequent
flight we will deliver it to you, unless applicable
law requires you to be present for customs clearance.
8.7 UNCHECKED BAGGAGE
8.7.1 We may specify maximum dimensions and/or weight
for Baggage, which you carry on to the aircraft. If
we have not done so, Baggage, which you carry onto
the aircraft, must fit under the seat in front of you
or in an enclosed storage compartment in the cabin
of the aircraft. If your Baggage cannot be stored in
this manner, or is of excessive weight, or is considered
unsafe for any reason, it must be carried as Checked
Baggage.
8.7.2 Objects not suitable for carriage in the cargo
compartment (such as delicate musical instruments),
and which do not meet the requirements in 8.7.1 above,
will only be accepted for carriage in the cabin compartment,
if you have given us notice in advance and permission
has been granted by us. You may have to pay a separate
charge for this service.
8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.8.1 Subject to Article 8.6.3, you are required to
collect your Checked Baggage as soon as it is made
available at your destination or Stopover. Should you
not collect it within a reasonable time, we may charge
you a storage fee. Should your Checked Baggage not
be claimed within three (3) months of the time it is
made available, we may dispose of it without any liability
to you.
8.8.2 Only the bearer of the Baggage Check and Baggage
Identification Tag is entitled to delivery of the Checked
Baggage.
8.8.3 If a person claiming Checked Baggage is unable
to produce the Baggage Check and identify the Baggage
by means of a Baggage Identification Tag, we will deliver
the Baggage to such person only on condition that he
or she establishes to our satisfaction his or her right
to the Baggage.
8.9 ANIMALS
If we agree to carry your animals, they will be carried
subject to the following conditions:
8.9.1 You must ensure that animals such as 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. 8.9.1.1 Following animals can
be carried along with you in the cabin: Dogs of small
size, cats, turtles, hamsters, small birds other than
parrots and guide dogs accompanying passengers with
disabilities. The rest of the animals will be carried
as Baggage. Please, note that there are restrictions
on the maximum number of animals that can be carried
on a flight depending on the type of aircraft, so please
contact us in advance.
8.9.2 If accepted as Baggage, the animal, together
with its container and food, shall not be included
in your free Baggage allowance, but shall constitute
excess baggage, for which you will be obliged to pay
the applicable rate.
8.9.3 Guide dogs accompanying Passengers with disabilities
will be carried free of charge in addition to the normal
free baggage allowance, subject to conditions specified
by us, which are available on request.
8.9.4 We will have no liability in respect of any such
animal not having all the necessary exit, entry, health
and other documents with respect to the animal's entry
into or passage through any country, state or territory
and the person carrying the animal must reimburse us
for any fines, costs, losses or liabilities reasonably
imposed or incurred by us as a result.
ARTICLE 9. SCHEDULES, DELAYS,
CANCELLATION OF FLIGHTS
9.1 SCHEDULES
9.1.1 The flight times shown in timetables may change
between the date of publication and the date you actually
travel. We do not guarantee them to you and they do
not form part of your contract with us.
9.1.2 Before we accept your booking, we will notify
you of the scheduled flight time in effect as of that
time, and it will be shown on your Ticket. It is possible
that we may need to change the scheduled flight time
subsequent to issuance of your Ticket. If you provide
us with contact information, we will endeavour to notify
you of any such changes. If, after you purchase your
Ticket, we make a significant change to the scheduled
flight time, which is not acceptable to you, and we
are unable to book you on an alternate flight, which
is acceptable to you, you will be entitled to a refund
in accordance with Article 10.2.
9.2 CANCELLATION, REROUTING, DELAYS, ETC.
9.2.1 We will take all necessary measures to avoid
delay in carrying you and your baggage. In the exercise
of these measures and in order to prevent a flight
cancellation, in exceptional circumstances, we may
arrange for a flight to be operated on our behalf by
an alternative carrier and/or aircraft.
9.2.2. In the event of denied boarding and of cancellation
or long delay of flights, Regulation (EC) Nr. 261/2004
applies. If you are denied boarding or if your flight
is cancelled or delayed for at least two hours, ask
at the check-in counter or boarding gate for the text
stating your rights, particularly with regard to compensation
and assistance or click here to view your rights:
http://ec.europa.eu/transport/air_portal/passenger_rights/doc/2008_apr_leaflet/
apr_leaflet_en.pdf
ARTICLE 10. REFUNDS
10.1 We will refund a Ticket or any unused portion,
in accordance with the applicable fare rules or Tariff,
as follows:
10.1.1 Except as otherwise provided in this Article,
we shall be entitled to make a refund either to the
person named in the Ticket or, to the person who has
paid for the Ticket, upon presentation of satisfactory
proof of such payment.
10.1.2 If a Ticket has been paid for by a person, other
than the Passenger named in the Ticket, we shall make
a refund only to the person, who paid for the Ticket,
or to that person's order.
10.1.3 Except in the case of a lost Ticket, refunds
will only be made on surrender to us of the Ticket
and all unused Flight Coupons.
10.2 INVOLUNTARY REFUNDS
10.2.1 If we cancel a flight, fail to operate a flight
reasonably according to schedule, fail to stop at your
destination or Stopover, or cause you to miss a connecting
flight, on which you hold a reservation, the amount
of the refund shall be:
10.2.1.1 if no portion of the Ticket has been used,
an amount equal to the fare paid;
10.2.1.2 if a portion of the Ticket has been used,
the refund will be not less than the difference between
the fare paid and the applicable fare for travel between
the points for which the Ticket has been used.
10.3 VOLUNTARY REFUNDS
10.3.1 If you are entitled to a refund of your Ticket
for reasons other than those set out in 10.2, the amount
of the refund shall be:
10.3.1.1 if no portion of the Ticket has been used,
an amount equal to the fare paid, less any reasonable
service charges or cancellation fees;
10.3.1.2 if a portion of the Ticket has been used,
the refund will be an amount equal to the difference
between the fare paid and the applicable fare for travel
between the points for which the Ticket has been used,
less any reasonable service charges or cancellation
fees.
10.4 REFUND ON LOST TICKET
10.4.1 If you lose your Paper Ticket or a portion of
it, upon furnishing us with satisfactory proof of the
loss, and payment of a reasonable administration charge,
refund will be made as soon as practicable after the
expiry of the validity period of the Ticket, on condition:
10.4.1.1 that the lost Ticket, or portion of it, has
not been used, previously refunded or replaced, (except
where the use, refund or replacement by or to a third
party resulted from our own negligence);
10.4.1.2 that the person to whom the refund is made
undertakes, in such form as may be prescribed by us,
to repay to us the amount refunded in the event of
fraud and/or to the extent that the lost Ticket or
portion of it is used by a third party (except where
any fraud or use by a third party resulted from our
own negligence).
10.4.1.3 Tickets issued for domestic travel only, are
not refundable when lost.
10.4.2 If we or our Authorised Agent lose the Ticket
or portion of it, the loss shall be our responsibility.
10.5 RIGHT TO REFUSE REFUND
10.5.1 We may refuse a refund where application is
made after the expiry of the validity of the Ticket.
10.5.2 We may refuse a refund on a Ticket, which has
been presented to us, or to Government officials, as
evidence of intention to depart from that country,
unless you establish to our satisfaction that you have
permission to remain in the country or that you will
depart from that country by another carrier or another
means of transport.
10.6 CURRENCY
We reserve the right to make a refund in the same manner
and the same currency used to pay for the Ticket.
10.7 TICKET IS REFUNDABLE BY:
Voluntary refunds will be made only by the carrier,
which originally issued the Ticket or by its agent,
if so authorized.
ARTICLE 11. CONDUCT ABOARD
AIRCRAFT
11.1 GENERAL
If, in our reasonable opinion, you conduct yourself
aboard the aircraft so as to endanger the aircraft
or any person or property on board, or obstruct the
crew in the performance of their duties, or fail to
comply with any instructions of the crew including,
but not limited to those with respect to smoking, alcohol
or drug consumption, or behave in a manner which causes
discomfort, inconvenience, damage or injury to other
passengers or the crew, we may take such measures as
we deem reasonably necessary to prevent continuation
of such conduct, including restraint. You may be disembarked
and refused onward carriage at any point, and may be
prosecuted for offences committed on board the aircraft.
11.2 ELECTRONIC DEVICES
For safety reasons, we may forbid or limit operation
aboard the aircraft of electronic equipment, including,
but not limited to, cellular telephones, laptop computers,
portable recorders, portable radios, CD players, electronic
games or transmitting devices, including radio controlled
toys and walkie-talkies.
Operation of hearing aids and heart pacemakers is permitted.
ARTICLE 12. ARRANGEMENTS
FOR ADDITIONAL SERVICES
12.1 If we make arrangements for you with any third
party to provide any services other than carriage by
air, or if we issue a ticket or voucher relating to
transportation or services (other than carriage by
air) provided by a third party such as hotel reservations
or car rental, in doing so we act only as your agent.
The terms and conditions of the third party service
provider will apply.
12.2 If we are also providing surface transportation
to you, other conditions may apply to such surface
transportation. Such conditions are available from
us upon request.
ARTICLE 13. ADMINISTRATIVE
FORMALITIES
13.1 GENERAL
13.1.1 You are responsible for obtaining all required
travel documents and visas and for complying with all
laws, regulations, orders, demands and travel requirements
of countries to be flown from, into or through which
you transit.
13.1.2 We shall not be liable for the consequences
to any Passenger resulting from his or her failure
to obtain such documents or visas or to comply with
such laws, regulations, orders, demands, requirements,
rules or instructions.
13.2 TRAVEL DOCUMENTS
Prior to travel, you must present all exit, entry,
health and other documents required by law, regulation,
order, demand or other requirement of the countries
concerned, and permit us to take and retain copies
thereof. We reserve the right to refuse carriage, if
you have not complied with these requirements, or your
travel documents do not appear to be in order.
13.3 REFUSAL OF ENTRY
If you are denied entry into any country, you will
be responsible to pay any fine or charge assessed against
us by the Government concerned and for the cost of
transporting you from that country. The fare collected
for carriage to the point of refusal or denied entry
will not be refunded by us.
13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS,
ETC.
If we are required to pay any fine or penalty or to
incur any expenditure by reason of your failure to
comply with laws, regulations, orders, demands or other
travel requirements of the countries concerned or to
produce the required documents, you shall reimburse
us on demand, any amount so paid or expenditure so
incurred. We may apply towards such payment or expenditure
the value of any unused carriage on your ticket, or
any of your funds in our possession.
13.5 CUSTOMS INSPECTION
If required, you shall attend inspection of your Baggage,
by customs or other Government officials. We are not
liable to you for any loss or damage suffered by you
in the course of such inspection or through your failure
to comply with this requirement.
13.6 SECURITY INSPECTION
You shall submit to any security checks by Governments,
airport officials, Carriers or by us.
ARTICLE 14. SUCCESSIVE CARRIERS
Carriage to be performed by us and other Carriers under
one Ticket, or a Conjunction Ticket is regarded as
a single operation for the purposes of the Convention.
However, your attention is drawn to Article 15.1.2(a).
ARTICLE 15. LIABILITY FOR
DAMAGE
15.1 GENERAL PROVISIONS
Our liability and the liability of each Carrier involved
in your journey will be determined by own Conditions
of Carriage. We are liable according to the rules of
the Convention, which is implemented in the Community
by Regulation (EC) No 2027/97 (as amended by Regulation
(EC) No 889/2002) and national legislation.
Our liability provisions are as follows:
15.1.1 Any liability we have for damages will be reduced
by any negligence on your part, which causes or contributes
to the Damage in accordance with applicable law, unless
otherwise provided in the following provisions of this
Article 15.
15.1.2 (a) LIABILITY OF SUCCESSIVE CARRIERS
We will be liable only for Damage occurring during
carriage on flights or flight segments where our Airline
Designator Code appears in the carrier box of the Ticket
for that flight or flight segment. If we issue a Ticket
or if we check Baggage for carriage on another carrier,
we do so only as agent for the other carrier. Nevertheless,
with respect to Checked Baggage, you may make a claim
against the first or last carrier.
15.1.2 (b) LIABILITY OF CONTRACTING AND ACTUAL CARRIERS
If the air carrier actually performing the flight is
not the same as the contracting air carrier, you have
the right to address a complaint or to make a claim
for damages against either. If the name or code of
an air carrier is indicated on the ticket, that air
carrier is the contracting air carrier.
15.1.3 We are not liable for any Damage arising from
our compliance with applicable laws or Government rules
and regulations, or from your failure to comply with
the same.
15.1.4 The contract of carriage, including these Conditions
of Carriage and exclusions
or limits of liability, applies to our Authorised Agents,
servants, employees and representatives to the same
extent as they apply to us. The total amount recoverable
from us and from such Authorised Agents, employees,
representatives and persons shall not exceed the amount
of our own liability, if any.
15.2. COMPENSATION IN THE CASE OF DEATH OR INJURY
There are no financial limits to the liability for
passenger injury or death. For damages up to 100000
SDRs (approximately € 122.000) we cannot contest
claims for compensation. Above that amount we can defend
ourselves against a claim by proving that we were not
negligent or otherwise at fault.
15.2.1 ADVANCE PAYMENTS
If a passenger is killed or injured, we must make an
advance payment, to cover immediate economic needs,
within 15 days from the identification of the person
entitled to compensation. In the event of death, this
advance payment shall not be less than 16.000 SDRs
(approximately € 19.520).
15.3 PASSENGER DELAYS
In case of passenger delay, we are liable for damage,
unless we took all reasonable measures to avoid the
damage or it was impossible to take such measures.
The liability for passenger delay is limited to 4.150
SDRs (approximately € 5.077).
15.4.1 BAGGAGE DELAYS
In case of baggage delay, we are liable for damage,
unless we took all reasonable measures to avoid the
damage or it was impossible to take such measures.
The liability for baggage delay is limited to 1.000
SDRs (approximately € 1.220).
15.4.2. DESTRUCTION, LOSS OR DAMAGE TO BAGGAGE
We are liable for destruction, loss or damage to baggage
up to 1.000 SDRs (approximately € 1.220). In the
case of checked baggage, we are liable, even if not
at fault, unless the baggage was defective. In the
case of unchecked baggage, we are liable only if at
fault.
15.4.3. HIGHER LIMITS FOR BAGGAGE
You can benefit from a higher liability limit by making
a special declaration at the latest at check-in and
by paying a supplementary fee.
15.5 Nothing in these Conditions of Carriage shall
waive any exclusion or limitation of our liability
under the Convention or applicable laws, unless otherwise
expressly stated.
ARTICLE 16. TIME LIMITATION
ON CLAIMS AND ACTIONS
16.1 NOTICE OF CLAIMS
Acceptance of Baggage by the bearer of the Baggage
Check without complaint at the time of delivery is
sufficient evidence that the Baggage has been delivered
in good condition and in accordance with the contract
of carriage, unless you prove otherwise.
If the baggage is damaged, delayed, lost or destroyed,
you must write and complain to us as soon as possible.
In the case of damage to checked baggage, you must
write and complain within seven days and in the case
of delay within 21 days, in both cases from the date
on which the baggage was placed at the passenger's
disposal.
16.2 LIMITATION OF ACTIONS
Any action in court to claim damages must be brought
within two years from the date of arrival of the aircraft,
or from the date on which the aircraft ought to have
arrived.
The method of calculating the period of limitation
shall be determined by the applicable law of the court
where the case is heard.
ARTICLE 17. OTHER CONDITION
Carriage of you and your Baggage is also provided in
accordance with certain other regulations and conditions
applying to or adopted by us. These regulations and
conditions as varied from time to time are important.
They concern among other things; the carriage of unaccompanied
minors, pregnant women, and sick passengers, restrictions
on use of electronic devices and items and the on board
consumption of alcoholic beverages.
Regulations and conditions concerning these matters
are available from us upon request.
ARTICLE 18. INTERPRETATION
The title of each Article of these Conditions of Carriage
is for convenience only, and is not to be used for
interpretation of the text.
|
|
