Carriage
General Conditions of Carriage for Passengers and Baggage
Article 1 - Definitions Article 2 - Applicability Article 3 - TicketsArticle 4 - Fares, taxes, fees and charges
Article 5 - Reservations Article 6 - Check-in and boardingArticle 7 - Refusal and limitation of carriage
Article 8 - BaggageArticle 9 - Schedules, delays, diversions, cancellation of flights
Article 10 - Refunds Article 11 - Conduct aboard aircraft Article 12 - Arrangements for additional services Article 13 - Administrative formalities Article 14 - Liability for damageArticle 15 - Time limitation on claims and actions
Article 16 - Miscellaneous regulations Article 17 - Interpretation Article 18 - Other Items Article 1 - DefinitionsWHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
As you read these conditions, please note that:
"We", "our" "ourselves" and "us" means Aerocontractors Company of Nigeria Limited (RC 2182) of Murtala Muhammed Airport, Domestic Wing, P. M. B. 21090, Ikeja, Nigeria. "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").
"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 duly appointed by us to represent us in the sale of air transportation on our scheduled air 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.
"BAGGAGED IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage.
"CARRIER" means an air carrier other than ourselves.
‘CHARTERER’ means a travel organizer who has chartered capacity on an aircraft to be operated by us and who has undertaken to provide you with a seat on such aircraft.
"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 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.
"CONVENTION" means whichever of the following instruments are applicable:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (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):
- Guadalajara supplementary Convention (1961) ( Guadalajara): - The Montreal Convention (1999)."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 or 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 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 place between which you are entitled to be carried.
"FORCE MAJEURE" means unusual and unforeseeable circumstances beyond our 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. (The current value of this currency unit may be found in the financial pages of major newspapers)
"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 - Applicability2.1 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 ‘N2’ is indicated in the carrier box of the Ticket for that flight or flight segment. The Terms and Conditions contained within the Ticket, your itinerary or receipt or any ticket wallet shall form part of these Conditions of Carriage.
2.2 CHARTER OPERATIONSIf 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 AND SUB-SERVICESWe have no ‘code share’ arrangements with other carriers presently. However, on occasions another carrier may operate our flights on our behalf under our Airline Designator Code by way of sub-service.
2.4 OVERRIDING LAW2.4.1 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.
2.4.2 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 REGULATIONSExcept 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 PROVISIONS3.1.1 We will provide carriage only to the Passenger named in the Ticket. You will be required to produce appropriate photographic identification for both domestic and international flights.
3.1.2 A Ticket is not transferable except as provided for in our regulations.
3.1.3 All our Tickets are non-refundable and non-endorsable to other carriers. Some Tickets sold at discounted fares may also be partially or completely non-changeable whereas others may be changeable subject to payment of a change fee plus any difference in price between the original fare paid and the lowest available fare for the new booking at the time. 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 or are prevented from reaching the airport of departure by the Check-In Deadline by reason of ‘force majeure’.
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 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 Authorized 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, upon your request 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.
3.1.8 The Ticket, these Conditions of Carriage, Tariffs and the important information contained on our website together constitute the terms and conditions of the contract of carriage between you and us.
3.1.9 You shall not be entitled to be carried on a flight unless you present your booking reference number, positive photographic identification identifying you as the passenger named in the booking and valid travel documentation (e.g. passport, visa) where applicable.
3.2 PERIOD OF VALIDITY3.2.1 Except as otherwise provided in the Ticket, these Conditions, or our regulations, a Ticket is valid for one year from the date of purchase.
3.2.2 In the event of death of a Passenger en-route, the Tickets of persons travelling on the same reservation may be modified by waiving any restriction on changing reservations upon production of evidence of death. In the event of a death in the immediate family of a Passenger who commenced travel, the validity of the Passenger’s Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified upon production of evidence of death.
3.3 COUPON SEQUENCE AND USE3.3.1 The Ticket you have purchased is valid only for the transportation as shown on the Ticket, for the passenger named, from the place of departure to the final destination on the date and for the flight number shown. 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. Any additional fare (calculated in accordance with our rules and regulations) and administration fee will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. All changes must be made during our reservation centre opening hours and at least 3 hours before check-in and may only be made by the passenger named in the booking and/or the person who made the original booking. The detailed rules relating to changes of Tickets are contained in the rules and regulations which are posted on the website or available on request.
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.
3.3.4 Some types of changes will not result in a change in fare. However, other changes such as changing the place of origin of travel (if, for instance, you do not fly the first segment) or reversing the direction of travel, will often result in an increase in price, if the change can be accepted at all. 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 Coupon will be accepted for transportation in the class of service on the date and flight for which space has been reserved.
3.3.6 If your do not conform to the Check-In Deadline for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you advise us in advance that you will not be travelling on a particular flight operated by us, we will not cancel your subsequent flight reservations.
3.4 OUR NAME AND ADDRESSOur name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our name and address is Aerocontractors Company of Nigeria Limited (RC 2182) of Murtala Muhammed Airport, Domestic Wing, P. M. B. 21090, Ikeja, Nigeria.
Article 4 - Fares, Taxes, Fees and Charges
4.1 FARESFares 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 Tariffs and fare categories 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 CHARGESTaxes, fees and charges imposed by government or other authority or by the operator of an airport or any aviation insurance surcharge levied in respect of a flight to be operated by us and undertaken by you shall be payable by you at the levels prevailing at the time you make your reservation. These taxes, fees and charges 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 there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund. If you do not use your Ticket as a result of a no-show, you will be entitled to a refund of the ticket value less an administrative charge of 25%. A no-show penalty of 5,000 Naira per passenger for Economy class tickets, or 10,000 Naira for Business Class Tickets, on domestic routes will also apply. No-show fees, stipulated in US Dollars, also apply for international travel.
4.3 CURRENCYFares, taxes, fees and charges are payable in the currency of the country of origin of the first Coupon of any given Ticket unless another currency is indicated by us 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. Passengers who pay for their flights with credit/debit or charge cards billed in a currency other than the currency in force in the country from which their flight departs, will be charged in the currency of issue of the card including a foreign user charge.
4.4 ADMINISTRATION FEESWe reserve the right to charge a reasonable administration fee for ancillary services that are not included in price of the Ticket including but not limited to requests for personal data pursuant to Sub-Article 5.2 and requests for duplicate receipts.
Article 5 - Reservations, Personal Data & Seating 5.1.1 RESERVATION REQUIREMENTSWe or our Authorized Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s) in the case of telephone reservations. In the case of internet bookings, the booking confirmation will be displayed on screen on completion of the transaction. You should print this for your records as you will be required to quote this number at check-in.
5.1.2 A reservation is not made until you have received a confirmation number and payment has been received by us. If the fare has not been paid in full or your credit/debit card is declined, we may cancel the reservation at any time without liability.
5.1.3 Certain fares have conditions, which limit or exclude your right to change or cancel reservations.
5.2 PERSONAL DATAYou recognize that personal data has been given to us for the purposes of: making a reservation, purchasing and issuing a Ticket; accounting, billing and auditing (including checking credit or other payment cards); administrative and legal purposes; statistical analysis; obtaining ancillary services such as hotel reservations and car rental; developing and providing services such as special facilities for people with reduced mobility; facilitating security, immigration, customs and entry procedures, and making available such data to government agencies, in connection with your travel. It is also possible that such data may be used for sales and marketing purposes and that it may be disclosed to companies and affiliates of Aerocontractors Company of Nigeria Limited or our travel partners.
For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, our affiliates, subsidiaries, Authorized Agents, government agencies, data processors, credit and payment card companies or the providers of the above-mentioned services. This may involve sending your data outside of Nigeria. If you do not wish to receive information from us or our travel partners, please write to us at the Correspondence address as outlined in Article 3.4 of these Conditions of Carriage. Your personal data will not be used for marketing activities without your permission.
5.3 SEATINGWe cannot guarantee any particular seat. We pre-assign seats on all of our flights. However, if you report to the check-in counter no less than thirty (30) minutes prior to flight departure and request pre-boarding for good reason we will do our best to assist. 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.
5.4 SMOKINGYou may not smoke in any part of an aircraft operated by us. Failure to adhere to this regulation may result in severe criminal penalties being brought against you, as well as all disruption costs being claimed against you by ourselves.
5.5 CONNECTIONSOur flights are not intended for use in connecting with flights of other carriers or other flights of ours. Any connections are made at your own risk and you will have to check in with your baggage for any connecting flights.
Article 6 - Check-in and Boarding 6.1Unless otherwise specified by us or by any applicable governmental or airport authority the Check-In Deadline for a flight operated by us is 40 minutes prior to scheduled departure time for domestic and international flights respectively. We reserve the right to cancel your reservation and to deny you boarding without refund if you do not comply with the Check-In Deadline indicated.
6.2 You must be present at the boarding gate not later than the time specified by us when you check-in or, if no time is specified, 40 minutes prior to scheduled departure.
6.3 We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
6.4 Failure to produce a photo identification at check-in and boarding gate will result in denial of boarding.
6.5 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
7.1.2.9 you cannot prove that you are the person named in the Ticket;
7.1.2.10 you have failed to comply with the requirements set forth in Article 3.3 above concerning coupon sequence and use;
7.1.2.11 you fail to observe our instructions with respect to safety or security;
7.1.2.12 you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorized Agent, or has been reported as being lost or stolen, is a counterfeit;
7.1.2.13 In line with NCAA COVID-19 guidelines, all passengers are mandated to wear face masks before boarding and during the flight;
7.1.2.14 you have used threatening, abusive or insulting words towards our ground staff or crew of the aircraft;
7.1.2.15 you have deliberately interfered with a member of the crew of the aircraft carrying out their duties;
7.1.216 you have made a hoax threat relating to bombs, biological or chemical weapons.
7.1.2.17 you are a Passenger who will require a service(s) we do not provide on-board;
If we have, in the reasonable exercise of our discretion under this Article 7.1.2 refused to carry you on the basis of any of the above, or have removed you en-route, we may cancel the remaining unused portion of your Ticket and you will not be entitled to further carriage or to a refund in respect of the sector(s) covered by the Ticket. We will not be liable for any consequential loss or damage alleged due to any such refusal to carry or removal en-route.
7.2 SPECIAL ASSISTANCEAcceptance for carriage of young persons, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to specific prior arrangement with us on terms and conditions which may be advised by us at the time. Passengers with disabilities who have advised us to 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 ALLOWANCEYou may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us.
8.2 EXCESS BAGGAGEYou 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 BAGGAGE8.3.1 You must not include in your Baggage:
8.3.1.1Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified 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, 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;
8.3.1.4 firearms or ammunition; 8.3.1.5 Fish, game or hunting trophies.8.3.2 Antique firearms, swords, knives, scissors, blades, cutlery, darts, syringes and other sharp objects and any item which in our opinion could be used as a weapon may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.
8.3.3 You must not include in Checked Baggage money, jewellery, precious metals, keys cameras, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, medications, prescriptions, certificates, licences, passports and other identification documents or samples.
8.3.4 If, despite being prohibited, any items referred to in 8.3.1, 8.3.2 and 8.3.3 are included in your Baggage; we shall not be responsible for any loss or damage to such items.
8.4 RIGHT TO REFUSE CARRIAGE8.4 .1 We will refuse to carry as Baggage the items prohibited by Article 8.3, and 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 SEARCHFor 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 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 fault or negligence.
8.6 CHECKED BAGGAGE8.6.1 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 BAGGAGE8.7.1 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 unto 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 which we deem unsuitable for carriage in the aircraft hold (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. 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) weeks 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/or Baggage Identification Tag (as applicable) is entitle to delivery of the Checked Baggage.
8.8.3 If a person claiming Checked Baggage is unable to produce and /or 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 ANIMALSWe do not carry animals in the cabin of our aircraft on any of our flights. We however transport pets when properly secured in an IATA approved Kennel or appropriate container acceptable at check-in, in the aircraft cargo/baggage hold. In exceptional circumstances, such carriage may be in the aircraft cabin, providing always that there are no objections from any other passenger on the flight.
Article 9 - Schedules, Delays, Diversions, Cancellation of Flights
9.1 SCHEDULES9.1.1 The flight times shown in tickets, timetables or elsewhere 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 contact with us.
9.1.2 Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the flight timings subsequent to the issuance of your Ticket. In respect of our scheduled flights, if you provide us with appropriate contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket for a scheduled flight, we make a significant change to the scheduled departure 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. On chartered flights, we will notify your Charterer of the scheduled departure time of your flight and any changes that may come into effect and your Charterer is responsible for communicating this information to you.
9.2 CANCELLATION AND DELAYS9.2.1 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 Except as otherwise provided by the Convention or applicable law, if we cancel a flight or fail to operate a flight reasonably according to schedule, we shall, at your option, either:
9.2.2.1 carry you at the earliest opportunity on another of our services on which space is available between the same routing points (or on such other route as we may agree with you) and, where necessary, extend the validity of your Ticket, all without making an additional charge; or
9.2.2.2 make a refund in accordance with the provisions of Article 10.2.
Upon the occurrence of any of the event set out in this Article 9.2.2, except as otherwise provided by the Convention, the options outlined in Article 9.2.2.1 and 9.2.2.2 are the sole and exclusive remedies available to you and we shall have no further liability to you.
9.3 DIVERSIONSIf, for reasons outside our control, we unable to land at the airfield at your destination and are diverted so as to land at another airfield then the carriage by air shall, unless the aircraft continues to the original destination, be deemed to be completed when the aircraft arrives at that other airfield. We shall, however, arrange or designate alternative transportation, whether by our own services or by other means of transportation specified by us to carry you to the original destination as set out in your Ticket without additional cost to you.
9.4 DENIED BOARDING COMPENSATIONIf we are unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding on our flight in accordance with applicable law or, if more favourable to your, our denied boarding compensation policy.
Article 10 - Refunds10.1 NON-REFUNDABILITY Except as provided in Article 10.2 below, all fares paid for scheduled flight operated by ourselves are non-refundable including any taxes, fees or charges which may have been collected in respect of such flights. In respect of chartered flights, we do not make refunds to you in any circumstances although if we fail to operate a chartered flight on which you have been reserved you may be entitled to a partial or full refund of monies you have paid to your Charterer with any such entitlement being your sole and exclusive remedy.
10.2 INVOLUNTARY REFUNDS10.2.1 If we cancel a scheduled flight or fail to operate a scheduled flight reasonably according to schedule or cease to operate a route, the amount of the refund shall be:
10.2.1.1 The amount paid for the unused booking shall be refunded;
10.3 VOLUNTARY REFUNDSThe administrative charge for ticket refund is 25% of the actual cost of the ticket (exclusive of taxes). An administrative charge for International /Regional routes per segment or trip also applies.
10.4 CURRENCYWe reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket or in the local currency at the applicable or prevailing exchange rate, whichever is lesser.
Article 11 - Conduct Aboard Aircraft11.1 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 respect to smoking, alcohol or drug consumption or behave in a manner which we reasonably believe may cause or does cause discomfort, inconvenience, damage or injury to either passengers or the crew, we may take such measure 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 however permitted.
Article 12 - Arrangements for Additional Services12.1 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 GENERAL13.1.1 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 laws, regulations, orders, demands, requirements, rules or instructions.
13.2 TRAVEL DOCUMENTSPrior 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 ENTRYIf you are denied entry into any country, you will be responsible to pay 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 fine, penalty, payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession, or shall otherwise become immediately payable by you to us.
13.5 CUSTOMS INSPECTIONIf required, you shall attend inspection of your Baggage, by customs or other governmental or airport authorities. 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 INSPECTIONYou shall submit to any security checks by duly authorized representatives of governments or airport authorities or by us.
Article 14 - Liability for Damage14.1 Our liability will be determined by these Conditions of Carriage
14.2 Unless otherwise stated herein, local and international travel, as defined in the Convention, is subject to the liability rules of the Convention.
14.3 In accordance with the Convention there are no financial limits to our liability for death, wounding or any other bodily injury suffered by a Passenger. We have strict liability up to 100,000 SDRs unless we can prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger. For claims in excess of this limit, we may be exonerated if we can prove that we and our agents took all necessary measures to avoid the damage or that it was impossible for us or them to take such measures.
14.4 We will without delay, and in any event not later than fifteen (15) days after the identity of the natural person entitled to compensation has prima facie been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. Such payment shall not be less than 16,000 SDRs per Passenger in the event of death. Making an advance payment shall not constitute recognition of liability and may be offset against any subsequent settlement. Advance payments made hereunder shall not be returnable unless:
14.1.1 we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger; or
14.1.2 where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation; or
14.4.3 it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence.
14.5 Subject to Articles 14.3 and 14.4 above, our liability provisions are as follows:
14.5.1 Any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
14.5.2 We will be liable only for Damage occurring during carriage on flights or flight segment where our Airline Designator code appears on the ticket for that flight or flight segment.
14.5.3 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
14.5.4 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.
14.5.5 Our liability in the case of Damage to Baggage shall be limited to 1, 000 SDRs (or equivalent) per passenger unless you have had a declaration of higher value by check-in at the latest and paid a supplementary fee.
14.5.6 Except where other specific provision is made in these conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.
14.5.7 We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
14.5.8 We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, or for unsuitably packed, perishable, damaged or fragile Baggage or for minor damage to the exterior of Baggage (e.g. scratches, stains, soiling, dents) resulting from normal wear and tear or for water damage to non-waterproof Baggage.
14.5.9 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
14.5.10 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such employees, representatives and persons shall not exceed the amount of our own liability, if any.
14.5.11 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 15 - Time Limitation on Claims and Actions
15.1 NOTICE OF CLAIMS15.1.1 Acceptance of Checked Baggage by the bearer of the Baggage Identification Tag, without complaint and without completion of a Property Irregularity Report at the time of delivery, is prima facie evidence that it has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
15.1.2 If you wish to file a claim or an action regarding Damage to Baggage, you must write and complain within seven (7) Days, attaching a copy of the Property Irregularity Report.
15.2 LIMITATION OF ACTIONSAny right to Damages shall be extinguished if an action is not brought within one year of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
Article 16 - Miscellaneous RegulationsCarriage 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: flight and / or name changes, the carriage of young persons, reduced mobility passengers, pregnant or sick passengers, sports equipment, musical instruments, restrictions on use of electronic devices and items and the on-board consumption of alcoholic beverages. Regulations and conditions concerning these and other matters are available from us upon request.
Passengers are advised to desist from use of abusive words, unruly conduct, acts of assault, molestation of our personnel and refrain from destruction of equipment and properties whether belonging to us and/or other third parties as such acts are unacceptable as we shall not hesitate to exercise the remedies available to us under the rules regulating air transportation including preventing and disembarking such unruly passengers from our flights
Article 17 - InterpretationThe title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
Article 18 - Other ItemsAll bookings are on a one way basis. Photo identity Card is Mandatory for all passengers travelling on our domestic route. Please note that the e-Ticket (Electronic Ticket) is NON-REFUNDABLE and NON-TRANSFERABLE but re-bookable before departure date, subject to seat Availability. Passengers must arrive for check-in a minimum of 2 hours before an international flight and a domestic flight. Check-in closes 40 minutes before departure.
Information on Baggage Liability click here