As you read these conditions, please note that:

"WE", "OUR", "OURSELVES" and "US” means Oman Air and, where the context so requires, our employees, contractors and Authorised Agents.

"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. Our Airline Designator Code is "WY".

"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 and, when authorised, on the services of other carriers.

"BAGGAGE" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked Baggage and Unchecked Baggage.

"BAGGAGE CHECK" means the portion of the Ticket, which relates 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 Identification Tag.

"CHECK-IN DEADLINE" means the time limit by which you must have completed check-in formalities and received your boarding pass.

"CONDITIONS OF CARRIAGE" means these conditions of carriage.

"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 whichever of the following instruments is or are applicable to your carriage:

• 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.

"COUPON" means both a paper Flight Coupon and an Electronic Coupon, each of which entitles the named Passenger to travel on the particular flight identified on it.

"DAMAGE" means death of, wounding of, or bodily injury to a Passenger caused by an accident on board an aircraft or during the operation of embarking or disembarking the aircraft. It also means loss, partial loss or other damage to Baggage which occurs during carriage by air. Damage also includes damage occasioned by delay in the carriage by air of Passengers and/or Baggage.

"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 electronic entries within our reservations database recording the carriage you have booked for which we or our Authorised Agent have issued an e-Ticket Itinerary/Receipt.

"EU" means the European Union.

"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.

“FLIGHT SEGMENT” means places of departure and destination which are recorded in sequence in your Ticket between which you are entitled to be carried.

"FORCE MAJEURE" means unusual and unforeseeable circumstances beyond the control of the party invoking it, the consequences of which could not have been avoided even if all due care had been exercised.

"IFE" means in-flight entertainment. 

"ITINERARY/RECEIPT" means a document or documents issued by us or on our behalf 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" 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.

“REGULATION” means the rules we have for certain aspects of carriage of Passengers and their Baggage which are described or referred to in more detail in Article 17.

"SDR” means special drawing rights; an international unit of account, defined by the International Monetary Fund, based upon the values of several leading currencies. The currency values of the Special Drawing Right fluctuate and are re-calculated each banking day. 

"SPECIAL ASSISTANCE PASSENGER" means Passengers who are unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance, carried or to be carried in an aircraft pursuant to a Ticket.

"STOPOVER" means a scheduled stop on your journey of twenty-four (24) hours or more, at Agreed Stopping Places.

"TARIFF" means the published fares, charges, Ticket restrictions, fare rules, and/or related Conditions of Carriage of a Carrier 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 which includes the Conditions of Contract, notices and Coupons.

"UNCHECKED BAGGAGE" means any of your Baggage, other than your Checked Baggage, which is carried by you aboard the aircraft and which remains in your care and custody.

2.1. GENERAL

2.1.1. Except as otherwise provided in Articles 2.2, 2.3. 2.4 and 2.6, these Conditions of Carriage form part of your contract of carriage with us and apply to the carriage we provide to you on those flights, or Flight Segments, where our name or our Airline Designator Code is indicated in the carrier box of the Ticket for that flight or Flight Segment.

2.1.2. By booking a flight with us and/or by checking-in for a flight with us, you are deemed to have accepted the Conditions of Contract on behalf of yourself and anyone else covered by your booking.

2.1.3. We reserve the right to amend these Conditions of Carriage from time to time and such amended Conditions of Carriage shall be effective and valid from the date of amendment.

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

2.3.1. On some services we may have arrangements with other Carriers known as "Code Shares". This means that even if you have a confirmed reservation with us and hold a Ticket where our name or our Airline Designator Code is indicated as the carrier, another Carrier may operate the aircraft. 

2.3.2. If such arrangements apply to your carriage:

• (a) we will advise you of the Carrier operating the aircraft as specified in Article 5.5; and
  (b) the Conditions of Carriage of such other Carrier operating the aircraft will apply in respect of all operational and procedural aspects of the carriage performed by such Carrier. This may result in provisions relating to certain aspects of carriage such as schedule changes, Baggage acceptance, check-in and boarding procedures, conditions for refusal or limitation on carriage, conduct onboard the aircraft, procedures relating to delay or cancellation of flights to be different from those under these Conditions of Carriage and additional rules may be applicable for such code-shared flights.

2.4. OVERRIDING LAW AND SEVERABILITY

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. If part of one of our Regulations becomes invalid in this way, the other parts of the Regulations will still apply. 

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 dealing with particular subjects, these Conditions of Carriage shall prevail.

2.6. CARRIAGE TO/FROM CANADA AND THE UNITED STATES OF AMERICA

2.6.1. These conditions apply to carriage between places in Canada or between a place in Canada and any place outside thereof only to the extent that they are incorporated in tariffs in force in Canada. 

2.6.2. Where carriage is to or from the United States, these conditions do not apply to air transportation as defined in the U.S. Federal Aviation Act 1958.

2.7. MODIFICATION 

None of our agents, employees or other representatives have any authority to alter, modify or waive any provision of these Conditions of Carriage.

3.1. GENERAL PROVISIONS

3.1.1. We will provide carriage only to the Passenger named in the Ticket with a confirmed reservation and you will be required to produce appropriate identification. 

3.1.2. The Ticket which provides for air travel for our services constitutes prima facie evidence of the Conditions of Contract between us and you as named in the Ticket and incorporates by reference all of these Conditions of Carriage.

3.1.3. A Ticket is not transferable except as may be expressly stated otherwise in locally applicable laws. If presented by any person other than the one named thereon, the Ticket shall be seized and forfeited. Further, if a Ticket were to be used by any person other than the person entitled to be carried thereunder, with or without the knowledge and/or consent of the person entitled to be carried, we are not liable for the death or injury to or delay in the carriage of such person or for the destruction, loss or damage to, or delay in, the carriage of such person's baggage or other personal property arising from or in connection with such use. 

3.1.4. Some Tickets are sold at discounted 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. Many special fares are valid only on the dates and for the flights shown on the Ticket and may not be changed, or may only be changed upon payment of an additional fee.

3.1.5. If you have a Ticket, as described in Article 3.1.4 above, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and furnish us with satisfactory evidence, acceptable to us, of such Force Majeure, we will provide you with a credit of the non-refundable amount of the fare, for future travel on us, subject to deduction of a reasonable administration fee.

3.1.6. The Ticket is and remains at all times the property of the issuing Carrier.

3.1.7. 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 duly issued in accordance with our Regulations and 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 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.

3.1.8. (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, we will replace such Ticket (or part of it) by issuing a new Ticket upon your request and upon the strict condition that the Ticket was originally issued by us, and provided further that there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and that 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 an administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing Carrier, or its agent.
(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 any applicable Ticket restrictions, the replaced Ticket will be subject to a refund minus the applicable administration fee, if and when the original issuing Carrier is satisfied that such 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 the time.

3.1.9. 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 of Carriage, or in applicable Tariffs (which may limit the validity of a Ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for:

• (a) one (1) year from the date of issue; or
  (b) subject to the first travel occurring within one (1) year from the date of issue, one (1) year from the date of first travel under the Ticket.






 
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3.2.2. When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations we are unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a refund in accordance with Article 10, subject to restrictions, if any, included in the Ticket. You will not be entitled to any additional compensation and we will have no liability to you for any loss or expense whatsoever. 

3.2.3. If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date provided that such illness was not known at the time of reservation, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid, provided such extension is not precluded by the Regulations applicable to the fare paid. A medical certificate must attest to such illness. When the Flight Coupons remaining in the Ticket, or in the case of an Electronic Ticket, the Electronic Coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three (3) months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.

3.2.4. In the event of death of a Passenger during his or her journey, the Tickets of the persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced his or her travel, the Passenger's Ticket and those of his or her immediate family accompanying the Passenger may be likewise modified. Such modification will be made upon receipt of a valid death certificate. Any extension of validity shall be no longer than forty-five (45) days from the date of death and the requested booking shall be subject to seat availability.

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, provided you provide us with satisfactory evidence, acceptable to us, of the Force Majeure.

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. 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 Flight Segment) or reversing the direction of your 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 carriage in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested.

3.4. BREAK OF JOURNEY 

Stopovers are only allowed if agreed with us prior to the beginning of the carriage and reflected in the Ticket. You may arrange to break your journey during your Ticket's period of validity at any of the Agreed Stopping Places, provided this is permitted by the local regulations, our timetable and as per the fare rules relating to your Ticket.

3.5. NAME AND ADDRESS OF CARRIER 

Our name may be abbreviated to our Airline Designator Code (“WY”), or otherwise, in the Ticket. Our address and telephone contact details at our principal place of incorporation are as follows: Oman Air SAOC, P.O. Box 58, PC 111, Muscat, Sultanate of Oman Tel: + 968 24531111 (Call Centre).

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 airport 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. The fare rules applicable to your Ticket at the time of payment for your Ticket shall also apply.

4.2. TAXES, FEES, AND CHARGES

4.2.1. Subject to any applicable law to the contrary, applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. We reserve the right to refuse transportation if the applicable taxes, fees and charges are not paid. 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. 

4.2.2. 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, or a new tax, fee, or charge is imposed after Ticket issuance, you will be required to pay it before carriage. If your Ticket has been purchased from our Authorised Agent and such Authorised Agent omitted to give you details of all applicable taxes, fees and charges, with the result that no, or insufficient, payment has been made for such taxes, fees and charges, you must pay the relevant amount before you are entitled to carriage. We are not responsible for informing you of any taxes, fees or charges imposed by any third party, such as governmental or airport authorities, post Ticket issuance and we will not be liable to you for the value of any such taxes, fees or charges paid by you to any such third party.

4.2.3. If you do not use your Ticket or use only a portion thereof, or 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 the authorities or entities who received the taxes, fees or charges make a respective refund to us. We reserve the right to charge a reasonable administration fee for such refund. 

4.3. SURCHARGES IN EXCEPTIONAL CIRCUMSTANCES

4.3.1. We reserve the right to impose a surcharge imposed on us by third parties which are of a type or amount not normally applicable to our operations to reflect increased costs resulting from any exceptional events or circumstances. In addition, we may be subjected to significant increases in operational costs caused by exceptional circumstances beyond our control. In such cases, you will be required to pay to us, as fare surcharges, all such charges attributed by us to your carriage (even if imposed after the date of issue of your Ticket). 

4.3.2. We will contact you with details of any applicable fare surcharges as soon as possible. If we are unable to establish contact using your contact details, we will advise you of any applicable fare surcharge at check-in. You are free to choose not to pay a fare surcharge and receive an involuntary refund of your Ticket in accordance with the provisions of Article 10.2, in which case we will have no other liability to you.

4.3.3. If any exceptional circumstances surcharge ceases to apply to all or part of your carriage, or a lesser amount is due, a refund can be claimed in respect of any such surcharge which has been paid. Please ask us or our Authorised Agent for details of how to claim such refund.

4.4. 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. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with our Regulations. Tickets purchased via the Oman Air website will be payable in the currency indicated or, if applicable, selected on the website when booked.

4.5. MISTAKEN FARE 

If an erroneous or mistaken fare is inadvertently published for sale and a Ticket is issued at the erroneous or mistaken fare before it has been corrected, we will, at your option, either (i) cancel the Ticket purchase and refund all amounts paid; (ii) reissue the Ticket at the correct fare provided you pay the difference in the fare; or (iii) issue a voucher for the value of the amount paid to be used for air travel services provided by us within one (1) year from the time of issuance of the voucher.

5.1. RESERVING YOUR TICKET

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. Any restrictions will depend on the type of fare purchased. In case of combination of different fare types, the most restrictive fare conditions will apply. The applicable fare rules will be provided to you prior to concluding your booking. The fare rules will apply without prejudice to any rights afforded to you under the Convention or other applicable laws. 

5.1.3. We shall not be liable or our liability may be limited in respect of errors in any of our timetables, schedules, departure times or fares which are provided to you by any third party.

5.2. TICKETING TIME LIMITS

If you have not paid the applicable fare, taxes, fees, charges and surcharges for the Ticket prior to the specified ticketing time limit that was specified to you by us or our Authorised Agent, we will cancel your reservation without further notice or obligation. 

5.3. PERSONAL DATA

5.3.1. You understand that we may collect, use and share your personal data in connection with your carriage pursuant to applicable data protection laws and as detailed in our Privacy Policy. We reserve the right to use such personal data under the conditions and for the purposes defined in this Article and in our Privacy Policy. 

5.3.2. You acknowledge and agree that you have provided your personal data to us for the following purposes:

• (a) making a reservation; (b) purchasing, recording and issuing a Ticket and all ancillary documents associated with your carriage; 
  (c) providing you with your transportation and any related services and facilities;
  (d) obtaining ancillary and/or complementary services such as lounge services;
  (e) developing and providing services and managing guest recognition programmes;
  (f) managing and operating our frequent flyer programme; 
  (g) accounting, billing, auditing and other administrative purposes;
  (h) verifying and screening credit or other payment cards;
  (i) immigration and customs control;
  (j) safety, security, health (including for compliance with government and regulator-imposed screening requirements), administrative and legal purposes;
  (k) prevention and detection of crime and making available such data to government agencies in connection with your travel; 
  (l) statistical analysis;
  (m) marketing analysis;
  (n) systems testing, maintenance and development;
  (o) customer relation purposes;
  (p) helping us in any future dealings with you; and
  (q) direct marketing and market research (which we will only do at your request or with your consent).






 
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5.3.3. For the purposes set out in Article 5.3.2, you authorise us to retain and use such data and to transmit it and/or share it with: 

• (a) our own offices, 
  (b) our Authorised Agents, 
  (c) our other companies and/or brands, 
  (d) anyone to whom we transfer our rights and duties, 
  (e) third party companies offering related services including but not limited to car rentals, hotels, travel insurance, governments, and government agencies, 
  (f) credit card and other payment card companies, 
  (g) other airlines and other Carriers; or 
  (h) third party providers we use for the above-mentioned purposes.






 
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5.3.4. Sensitive personal data, such as data relating to your health or disabilities, religion, criminal record or otherwise may be processed by us. In addition, we may transfer your data to countries which may not afford the same level of data protection. You recognise that, by providing us with sensitive personal data you give your explicit consent for us to process it and disclose it to third parties for the purposes mentioned in this Article 5.3 and that we also may transfer your personal data to other countries whether or not they afford the same level of data protection. We undertake to collect, process, store, save and transfer your data in compliance with relevant data protection legislation in force from time to time.

5.3.5. We may also monitor and/or record your telephone conversations or written communications with us to ensure consistent service levels, prevent/detect fraud and for training purposes. 

5.3.6. We may require the name and contact details of a third party whom we may contact in an emergency. It is your responsibility to ensure that the third party consents to the disclosure of the information provided for that purpose.

5.3.7. We require your contact details in order to inform you of changes to the schedules or other urgent matters and therefore it is your responsibility to provide us the most reliable contact details.

5.3.8. Should you wish to access, rectify, erase your personal data or object to the use of your personal data, please refer to the contact details provided in our Privacy Policy.

5.3.9. You agree to hold us and our Authorised Agents harmless for transmitting, retaining or acting upon inaccurate data provided by you.

5.4. SEATING

5.4.1. 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, regulatory compliance, safety or security reasons. This provision applies to the extent that it does not conflict with any rights afforded to disabled passengers or passengers with reduced mobility, as set out under any applicable laws.

5.4.2. In certain flights, after you purchase the Ticket, you can reserve a particular seat on each Flight Segment by paying the prescribed fee. We will endeavour to honour advance seating requests, however:

• (a) we cannot guarantee any particular seat;
  (b) we reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for legitimate reasons including but not limited to operational, safety or security reasons, and in such situations, we will try to allocate a similar seat in a different row for you, and 
  (c) subject to the terms and conditions applicable to advance seat purchases that are set out on our website, we will have no liability to you for any seat changes we make, other than refunding any seat selection fee you have paid.






 
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5.4.3. On board your flight you must be able to comfortably fit in your seat with the arm rests down and be able to buckle your seat belt with the use of one extension if necessary. If you are unable to do this and we are unable to accommodate you otherwise, you will have to, subject to applicable law, purchase a second seat or an upgrade for your entire journey (subject to availability). In the event the flight is fully booked, or you fail to purchase a second seat or an upgrade, you will be refused travel. In such circumstances, you may purchase an extra seat on the next available flight. You will not be entitled to any additional compensation. Details of the size of seats on our fleet can be obtained from us.

5.5. AIRCRAFT

5.5.1. We will endeavour to provide the aircraft specified in our timetable (or specified to you at the time of issue of your Ticket) for your carriage but cannot guarantee any particular aircraft will be used or a particular seat layout will be available. We reserve the right to change the aircraft on which you will be carried, whether for operational, safety, security reasons or otherwise which may result in you being seated in a different cabin or a different class of service which may be lower than that for which you had a confirmed reservation. In such cases where you have been downgraded, we will act according to Article 9.3.

5.5.2. We may temporarily supplement our fleet with aircraft operated for us by another airline or use aircraft leased from other Carriers. If this applies to any aircraft on which you are due to be carried on by us, we or our Authorised Agent will try to inform you of the identity of the operator of the aircraft. We will try to ensure that you receive the same level of in-flight service, entertainment, and baggage allowance advertised for your flight, but cannot guarantee that this will always be possible.

5.6. RECONFIRMATION OF RESERVATIONS

5.6.1. With limited exceptions, it is not necessary for you to reconfirm onward or return reservations before flying. We will advise you when we require reconfirmation, and how and where it should be done. If it is required and you fail to reconfirm, we may cancel your onward or return reservations. However, if you advise us you still wish to travel and if there is space on the flight, 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, but we are not obliged to do so.

5.6.2. 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 Airline Designator Code is on the Ticket for the flight in question. We will have no liability to you if the other Carriers cancel one or more reservations because you failed to reconfirm that reservation where you were required to do so and your right to onward travel or a refund will be governed by the conditions of carriage of those Carriers.

5.6.3. We will not be liable to you for any loss or expense whatsoever resulting from your failure to comply fully with the requirements of this Article 5.6.

5.7. CANCELLATION OF ONWARD RESERVATIONS

5.7.1. Please note if you do not advise us in advance we may cancel your return or onward reservations if you do not check-in for any flight or; if having checked-in, you fail to present yourself at the boarding gate with your boarding pass within the time limit specified by us at check-in. However, if you do advise us of your intention not to use any part of your reservation before the Check-in Deadline for the relevant flight or, if having checked-in, before closing of the boarding gate, we will not cancel your subsequent flight reservations subject to the applicable Ticket restrictions and fare rules.

5.7.2. We will not be liable to you for any loss or expense whatsoever resulting from your failure to comply fully with the requirements of this Article 5.7.

6.1. Check-in Deadlines are different at every airport and you are required to 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. We or our Authorised Agents will advise you of the Check-in Deadline for your first flight on us. For any subsequent flights on your journey, you should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found in our website or may be obtained from us or our Authorised Agent.

6.2. You must be present at the boarding gate not later than the time specified by us when you check-in. If you fail to do this you will be classed a "no-show" and a charge shall be payable by you for failing to use space for which you made a reservation. In such event, please contact us for details of the applicable charge.

6.3. If you have checked-in and then decide not to fly without a valid reason and as a result the aircraft is delayed, we reserve the right to claim any costs we reasonably incur as a result of that delay. We may off-set any of your funds in our possession against any such costs.

6.4. We may cancel the space reserved for you if you fail to arrive at the boarding gate in time or arrive but we refuse to allow you to board in accordance with any provision of these Conditions of Carriage.

6.5. We have the right to utilize the seat not utilized by you if you fail to use your reservation and we shall be under no obligation to account to you for any fare paid by a passenger utilizing that seat.

6.6. We will not be liable to you for any loss or expense incurred by you due to your failure to comply with the provisions of this Article.

7.1. RIGHT TO REFUSE CARRIAGE

7.1.1. In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. We may also refuse to carry you or your Baggage if one or more of the following have occurred or we reasonably believe may occur (it being understood by you that we have no duty to make any enquiries when determining whether we believe such an event might occur):

• (a) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; 
  (b) the carriage of you or your Baggage may endanger or affect the safety of the aircraft or the safety, health or comfort of other Passengers or crew; or disturb or appear to disturb the orderly conduct of air transport;
  (c) your mental or physical state, including any sign of impairment from alcohol or drugs, presents or appears to present a hazard or risk to yourself, to Passengers, to crew, to other persons, to the aircraft or other property; or is likely to present a source of material annoyance or discomfort to other Passengers on board the aircraft;
  (d) you refuse to comply with a government or airline medical-related directive, such as wearing a face mask or similar facial covering, or to undergo health screening or a health examination requested by us or by a government or enforcement agency;
  (e) you are, or we reasonably believe you are, in unlawful possession of drugs;
  (f) you have refused to submit yourself or your Baggage to a security check or having submitted to such a check, you fail to provide satisfactory answers to security questions at check-in or boarding; you fail a security profiling assessment or analysis; or you tamper with or remove any security seals on your Baggage or security stickers on your boarding pass;
  (g) you have not paid in full the applicable fare, taxes, fees, charges or surcharges applicable for your carriage;
  (h) you have not followed instructions or behaved in an unruly way towards a member of our ground staff, a member of the crew, or any of our agents;
  (i) you have failed to observe safety, security or passenger comfort instructions (concerning, for example, seating, storage of Unchecked Baggage, smoking, consumption of alcohol, use of drugs, or use of electronic equipment), or you obstruct or hinder any member of our ground staff or a member of the crew carrying out their duties;
  (j) you have used threatening, abusive, insulting, harassing or indecent words, or you have behaved in a threatening, abusive, insulting or disorderly way towards our ground staff, our agents, another Passenger, a member of the crew of the aircraft, or any other person prior to or during any of the operations of embarkation on your flight, or disembarkation from a flight, or on board the aircraft before take-off;
  (k) you have made, or attempted to make, a hoax bomb, hijack threat, or any other security threat;
  (l) you have committed a criminal offence during the check-in or boarding processes or any other operation of embarking on your flight or disembarking from a flight, or on board of the aircraft;
  (m) you have failed to complete the check-in process by the Check-in Deadline or failed to arrive at the boarding gate on time;
  (n) you appear in our opinion not to have valid or lawfully acquired travel documents; or not to meet the requisite visa requirements; or to be seeking to enter a country through which you may be in transit (except as may be permissible by applicable law in the relevant jurisdiction) or for which you do not have valid travel documents; to destroy or appear to have destroyed your travel documents during flight or between check-in and boarding; to refuse or to be refusing to submit your travel documents to ground staff; or be or be refusing to surrender your travel documents to the flight crew, against receipt, when so requested;
  (o) you have refused to allow us to obtain a copy of your travel documents;
  (p) we are informed by the authorities of the country of destination, transit or stopover (either orally or in writing) that you will be refused entry in such country, even if you have, or appear to have, valid travel documents; or that you, or someone for whom you are responsible who is travelling with you, is not permitted by law, court order, or bail conditions to leave the jurisdiction of the place of departure of the aircraft;
  (q) you present a Ticket that has been or appears to have 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, has been cancelled or suspended by the issuing Carrier, or appears to be a counterfeit, forged, or falsified;
  (r) you cannot prove that you are the person named in the Ticket;
  (s) 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;
  (t) the debit or credit card used to purchase your Ticket is in the name of a third party and the authorisation documentation required to release your Ticket has not been received or that third party is not present with you at check-in;
  (u) you present a Ticket that has been or appears to have been acquired unlawfully or by fraudulent means (for example, where we have reason to believe that the debit or credit card used to purchase your Ticket has been used fraudulently; or where the Ticket was issued by erroneous or fraudulent redemption of a flight reward under a passenger loyalty programme);
  (v) the class of travel indicated on your Ticket is different from the booking class;
  (w) you fail or refuse to give us information in your possession or available to you which a governmental authority has lawfully asked us to give about you, or it appears to us that any such information you have given is false or misleading;
  (x) you fail to meet the requirements of Article 5.4 regarding seating or the requirements of Article 7.2 regarding fitness to fly; 
  (y) you fail to meet the requirements set out in this Article 7 regarding carriage of Special Assistance Passengers, children, expectant mothers and newborn children;
  (z) you fail to meet the requirements regarding carriage of firearms and dangerous goods; or
  (aa) you have previously committed one of the acts or omissions referred to above either with us or another airline, and we believe that you may do so again, or you have previously been refused carriage by another airline for any reason relating to your behaviour or you have breached any of the duties imposed on you by Article 11.1 relating to previous carriage by us or carriage by another airline. 







 
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7.1.2. If you are refused carriage for any of the reasons set out in Article 7.1.1, we may, at our sole discretion, cancel the remaining unused portions of the Ticket, and you will not be entitled to complete your travel or to get a refund either in respect of the Flight Segment in respect of which you were refused carriage or in respect of any subsequent Flight Segment covered by the Ticket. We will not be liable for any consequential loss or damage alleged due to any such refusal of carriage or your removal from the aircraft during any part of your carriage. We reserve the right to claim from you all reasonable costs and expenses of such removal in accordance with Article 11.2.

7.1.3. In the event that you are refused carriage due to any of the reasons specified in Article 7.1.1, you are liable for and will reimburse us for all reasonable costs and expenses we incur resulting from: (a) repair or replacement of property lost, damaged or destroyed by you; (b) compensation we have to pay to any person including Passengers or crew members affected by your actions; and (c) due to the diversion or delaying of the aircraft for the purpose of removing you and/or your Baggage. We may apply towards such payment or expenditure any of your funds in our possession.

7.2. SPECIAL ASSISTANCE AND FITNESS TO FLY
7.2.1. SPECIAL ASSISTANCE

7.2.1.1. Acceptance for carriage of Special Assistance Passengers is subject to prior arrangement with us. Passengers who have advised us of any disability or special requirements they may have at the time of reservation, and have been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements. If your special assistance requirements change adversely subsequent to you receiving our acceptance to carry you, you must advise us immediately of your change in circumstances and re-seek our further acceptance for carriage.

7.2.1.2. Unless contrary to any applicable law, we reserve the right to refuse carriage of Special Assistance Passengers that have failed to inform us of their special requirements at the time of reservation. We will nevertheless use all reasonable efforts to accommodate them.

7.2.1.3. If you are a Special Assistance Passenger, we may require that you travel with an attendant if it is essential for safety, you are unable to understand safety instructions, or you may require assistance in your own evacuation from the aircraft.

7.2.1.4. We will ask Special Assistance Passengers to present themselves at check-in and boarding (if appropriate) sufficiently in advance in order to ensure the requested assistance is provided in a timely manner. We will use our best endeavours to ensure timely disembarkation for Special Assistance Passengers but will not be liable for any failure or delay by any third party for the provision of any special assistance.

7.2.2. FITNESS TO FLY

7.2.2.1. Before boarding the aircraft for carriage you must be reasonably satisfied that you are medically fit to fly. If you have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication), it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight (as the case may be) and that you will be able to produce any written evidence of your fitness to fly required by these Conditions of Carriage. If doubt exists about your fitness to fly, you may not be accepted for carriage unless you have satisfied one of the three requirements set out in Article 7.2.2.2.

7.2.2.2. Subject to applicable law, you may be accepted for carriage if you have satisfied one of the following requirements:

• (a) No later than seventy-two (72) hours before your travel commences, you have provided us with a medical report from an appropriately qualified doctor confirming your fitness to travel on your scheduled itinerary. The report should be dated no more than ten (10) days prior to the date on which your travel commences; 
  (b) No later than seventy-two (72) hours before your travel commences, you have produced a Medical Information Form (an example of which is available on our website in the downloads section) signed by a qualified doctor and after reviewing that form our Medical Centre confirms that you can be accepted for travel; or
  (c) You hold a Frequent Travellers Medical Card (FREMEC) stating that you are a frequent traveller and hold a medical card certifying your fitness to fly.






 
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7.2.2.3. If we, in the reasonable exercise of our discretion, consider your ability to complete the flight safely without medical assistance is in doubt or one of the above conditions has not been satisfied or if, when you present yourself to check-in or boarding, we have a legitimate medical reason for believing that there has been a significant adverse change in your condition since the issuance of a medical certificate or FREMEC that you may hold, or it appears to us that you may have a disease which (a) is believed to be actively contagious or communicable and life threatening to other Passengers or crew, (b) may cause or induce unusual behaviour, or a physical condition, which could have an adverse effect on the welfare and comfort of other Passengers or crew members, (c) is considered to be a potential hazard to the safety of the flight, or (d) may cause the flight to be diverted or perform an unscheduled stop, we reserve the right to require medical clearance for your flight with us or to refuse to carry you. 

7.2.3. PUBLIC HEALTH MEASURES

7.2.3.1. You must be aware of, and at all times comply with, any applicable public health measures including but not limited to border control restrictions imposed by us and/or by any international and/or domestic health authorities, airport operators, and any other airlines carrying you, as amended from time to time. This may include, but is not limited to, wearing face masks, maintaining social distancing, and carrying hand sanitiser and related hygiene items, during boarding, throughout the flight, and when leaving the aircraft.

7.2.3.2. In our absolute discretion, we may ask you to undergo a non-invasive temperature check prior to boarding the aircraft and during the course of your flight. This will assist us to ensure the safety of all crew and Passengers on board the aircraft and implement our onboard safety procedures if you are present with fever symptoms, including a temperature above of 38°C (100.4°F) or higher, have a persistent cough, difficulty breathing and/or appear unwell.

7.3. CHILDREN

7.3.1. Children under two (2) years of age may only travel if individually accompanied by at least one adult.

7.3.2. If a passenger is under 12 years of age, they must be accompanied by a family member/ appointed person of 18 years of age or above. If they are not, they must be registered as unaccompanied minors. Unaccompanied minors will not be accepted for travel unless they have a fully completed “Unaccompanied Minors Form”.

7.3.3. Children aged between five (5) years and under twelve (12) years may travel unaccompanied by an adult only with our prior agreement.

7.3.4. All children aged between five (5) and twelve (12) years travelling unaccompanied by an adult must be registered as "unaccompanied minors". Their carriage is subject to the Conditions of Contract and our relevant Regulations available on our website, and which are also available from any of our sales offices. The carriage of unaccompanied minors is also subject to our price agreement and to the payment of a supplementary fee indicated at time of reservation.

7.4. EXPECTANT MOTHERS AND NEWBORN CHILDREN

7.4.1. If you are pregnant and in or after your 28th week of pregnancy, we will carry you on the condition you produce a medical certificate that:

• (a) is issued by a qualified doctor within the seven (7) days prior to commencement of your travel;
  (b) states your due date;
  (c) certifies that you are fit to travel for the whole of the planned itinerary; and 
  (d) confirms that your pregnancy is uncomplicated.






 
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7.4.2. You must keep a copy of your medical certificate with you. If at any time during your travel when requested by a member of our staff you are unable to produce it, we reserve the right to refuse to carry you.

7.4.3. We do not usually permit carriage of newborns who are less than seven (7) days old. Please contact us for further information. When travelling with a newborn, you must carry evidence of the date of birth with you at all times.

7.5. REIMBURSEMENT OF MEDICAL EXPENSES

If you sustain an injury or are taken ill on board a flight (except due to reasons attributable to us or our Authorised Agent), any expenses that we incur in treating you, including medical and transportation costs, will be borne by you. If we must divert an aircraft and you have failed to comply with any of the conditions applicable to you in Articles 7.2 or 7.4, any costs incurred by us will also be solely for your account. We may off-set the value of any unused portion of your Ticket or any of your funds in our possession against any such costs.

8.1. FREE BAGGAGE ALLOWANCE

8.1.1. Your Baggage allowance depends on the Ticket you have purchased. Your Baggage allowance will be shown on your Ticket, or in the case of an Electronic Ticket, on your Itinerary/Receipt and will depend on our Baggage Regulations applying at the time of your flight. Our conditions and limitations are available upon request from us or our Authorised Agents. 

8.1.2. Please be aware that different baggage allowances may apply when you are using our codeshare or interline partner services. We advise you to contact your local travel agent or our reservations team if you are unsure about which airline you are travelling with and to check with that airline for information concerning your free baggage allowance. In any event, this information will be available to you on our website prior to completing your booking.

8.2. EXCESS BAGGAGE

8.2.1. You will be required to pay a charge for carriage of Baggage in excess of your free Baggage allowance. These rates are available from us or our Authorised Agents upon request and are subject to change at our discretion. We reserve the right to refuse to carry Baggage in excess of your Baggage allowance. We will only carry your excess Baggage on the same flight as you if there is suitable space available on the aircraft and you have paid the applicable extra charge for carriage of excess Baggage. We have the right to carry any excess Baggage in one of our later flights in the event that the flight cannot accommodate any further baggage.

8.2.2. Animals shall be considered excess Baggage, except for service animals, as further prescribed in Article 8.10. 

8.3. EXCESS VALUATION DECLARATION

You may declare a value for Checked Baggage in excess of the applicable liability limits if at the relevant location we offer an excess valuation facility. You will be liable to pay the then applicable charges. Excess value charges shall be payable at the point of origin for the entire journey to the destination. If the flight is operated by another Carrier, the excess value declaration must be made and paid directly to them. In case of a Stopover, we will only accept an excess value declaration to the point of Stopover. We reserve the right to refuse to accept an excess value declaration on Checked Baggage when a portion of the carriage is to be provided by another Carrier which does not offer the facility. We reserve the right to refuse Baggage subject to an excess valuation declaration if the items are not properly described, properly packaged or are damaged. We will not offer excess valuation on items that are unacceptable as Baggage. You must redeclare and pay the applicable charges each time you check-in Baggage subject thereto.

8.4. ITEMS UNACCEPTABLE AS BAGGAGE

8.4.1. You must not include in your Baggage:

• (a) items which do not constitute "Baggage" as defined in Article 1;
  (b) 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 Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air’ and the ‘International Air Transport Association (IATA) Dangerous Goods Regulations’, and or in our Regulations (further information is available upon request);
  (c) items the carriage of which is prohibited by applicable laws, regulations, orders or governmental policy of any state to be flown from or to; or
  (d) 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. 






 
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Information about unacceptable items is available upon request.

8.4.2. 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 within certain conditions be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed to our satisfaction. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 8.4.1 and must be packed separately from firearms. In all circumstances, you must contact us before flying as approvals from Civil Aviation Authorities and other border control authorities will be required. You will be required to obtain our approval no less than three (3) days before your flight (such approval may be given or withheld at our sole discretion). You may also be required to provide all permits and clearances from the government authorities of the country of departure and the country of destination before commencing your carriage.

8.4.3. 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.

8.4.4. You must not include in Checked Baggage fragile or perishable items, food, medication unless the subject of a prescription personal to you, statues and art items, money, keys, jewellery, precious metals, personal electronic devices (such as but not limited to portables, computers, mobile phones, camera, video camera, power banks, etc.), negotiable papers, securities or other valuables, samples, business documents or other working tools which are or can be considered as valuable or irreplaceable, passports and other identification documents or any other item that is not suitable for carriage as Checked Baggage.

8.4.5. If, despite being prohibited, any items referred to in Articles 8.4.1, 8.4.2 and 8.4.4 are included in your Baggage; we shall not be responsible for any loss of, damage to, or damage caused by such items. In any event, our potential liability with respect to such items will be limited to the amount specified in the Convention. 

8.5. RIGHT TO REFUSE CARRIAGE

8.5.1. We will refuse to carry as Baggage the items described in Article 8.4, unless in the manner permitted, and we may refuse further carriage of any such items upon discovery, regardless of whether and when we are told, or discover, the presence of such items.

safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.

8.5.3. We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.

8.5.4. We have no obligation to take custody of refused Baggage and/or items. You will be liable to reimburse us, on request, for any fines, costs, losses or liabilities imposed on or incurred by us in connection with the disposal or safe transportation of the Baggage for which we refused carriage.

8.6. RIGHT OF SEARCH

8.6.1. For reasons of safety, health, 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 Article 8.4 or any firearms, ammunition or weapons, which have not been presented to us in accordance with Article 8.4. 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. This right of search, whether or not exercised by us, shall not be deemed to constitute our acceptance to carry any item of Baggage which otherwise is precluded to be carried under these Conditions of Carriage.

8.6.2. You must allow security checks of your Baggage by government officials, airport officials, police or military officials and other Carriers involved in your carriage. 

8.6.3. It is your responsibility to make yourself aware of and comply with any requirement of security authorities in other countries that require Checked Baggage to be secured in such a manner that it can be opened without the possibility of causing damage in the absence of the Passenger.

8.7. CHECKED BAGGAGE

8.7.1. Upon delivery to us of your Baggage, which you wish us to carry as checked Baggage, we will take custody of, and issue a Baggage Identification Tag for each piece of your Checked Baggage. 

8.7.2. Checked Baggage must have your name or other personal identification affixed to it.

8.7.3. Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to the bearer of the Baggage Check pursuant to Articles 8.9.2 and 8.9.3 at the airport of your destination, unless:

• (i) applicable law at the place of collection requires you to be present for customs clearance; 
  (ii) the reason for carriage of the Checked Baggage on an alternative aircraft is related to the size, weight or character of the Checked Baggage; or 
  (iii) you have failed to comply with these Conditions of Carriage;

in which case you will be required to collect it from the airport of arrival at your own cost and expense. 

8.7.4. Unless we decide that your Checked Baggage will not be carried on the same flight as you, we will not carry your Checked Baggage if you fail to board the aircraft on which it is loaded or, having boarded, you leave the aircraft before take-off or at a point of transit, without re-boarding.

8.7.5. You must ensure that your Checked Baggage is sufficiently robust and well secured to withstand the usual and normal rigours of carriage by air without sustaining damage (except for fair wear and tear).

8.7.6. If the weight of your Checked Baggage is not declared on the ticket and no charges for excess baggage have been paid, it will be assumed until proven otherwise that the total weight of the Checked Baggage concerned does not exceed your baggage allowance.

8.8. UNCHECKED BAGGAGE

8.8.1. We may from time to time 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 on to 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, subject to this Article 8.

8.8.2. Objects which in our opinion are not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements of Article 8.8.1, 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 be required to pay a separate charge for this service or purchase an additional seat if the objects cannot be stored in the overhead cabin compartment. Please contact us for further details.

8.9. COLLECTION AND DELIVERY OF CHECKED BAGGAGE 

8.9.1. Subject to Article 8.7.3, 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. When uncollected Baggage is held by us, our liability shall be reduced to that of a warehouseman and when stored by a third party it will be subject to the conditions agreed with the latter.

8.9.2. Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to claim delivery of Checked Baggage. We accept no responsibility for checking the identity or authority of the bearer of the Baggage Identification Tag or for checking that such person has any right to collection.

8.9.3. If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Checked Baggage and signs a release and indemnity form. 

8.9.4. Should your Baggage not be collected within three (3) months of the time it is made available at your destination or Stopover, title in such Baggage shall be deemed to pass to us and we may dispose of it and its contents without any notice or liability to you at our discretion and as seen fit by us. Any proceeds from such disposal shall be retained by us.

8.10. ANIMALS

8.10.1. Save for any express exceptions under applicable laws, only cats and dogs are likely to be accepted for travel by us. We will not accept an animal for carriage unless you have applied for and obtained our prior approval and you meet our applicable Regulations and all of the following conditions: 

• (a) You must ensure that your animals are accompanied by valid health and vaccination certificates, entry permits, transit permits, exit permits, and other documents required by countries of exit, 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 upon request.
  (b) If accepted as Baggage, the animal should be properly crated in a container, together with its food, which shall not be included in your Baggage allowance, but shall constitute excess Baggage, for which you will be obliged to pay the applicable rate.
  (c) Dogs accompanying Passengers with disabilities and emotional support or psychiatric service animals will be carried free of charge as Checked Baggage in addition to the normal free Baggage allowance, subject to applicable laws or conditions specified by us, which are available upon request.
  (d) Carriage of emotional support or psychiatric service animals requires an additional medical certificate issued, not more than six (6) months before the flight, by a licensed mental health professional certifying the nature of service of the animal and the Passenger's need for such support.
  (e) Any other additional conditions specified by us, which will be notified to you in advance of carriage. Further information is available on our website

8.10.2. Where carriage is not subject to the liability rules of the Convention, we are not responsible for injury to or loss, sickness or death of an animal, which we have agreed to carry unless caused solely by our negligence.

8.10.3. We will have no liability to you in respect of any animal carried by us without having all the necessary exit, transit, entry, health and any other documents required for the animal's entry into or passage through any country, state, or territory. You will be liable to reimburse us (on request) for any fines, costs, losses or liabilities imposed on or incurred by us as a result of the absence or invalidity of one or more of the required certificates or permits.

8.10.4. We are not responsible or liable to you for your inability to travel because of the refusal of carriage to any animal you attempt to carry on the aircraft. Acceptance for carriage of the animal is subject to the condition that you assume full responsibility for such animal at all times, which shall remain under your sole custody. You will accordingly bear all costs related to the carriage of such animal, including but not limited to, damage caused by such animal to the aircraft, to other persons on board of the aircraft, to property, and any costs incurred by reason of refusal of access of the animal to the place of destination or the Stopover. We shall not be liable for injury to or loss, delay, sickness, or death of such animal in the event that it is refused entry into or passage through any country, state or territory.

8.11. ITEMS REMOVED BY AIRPORT SECURITY PERSONNEL

We will not be responsible for, nor have any liability in respect of, articles removed from you or your Baggage and/or retained by security personnel, airport officials, government officials, police or military officials or other airlines involved in your carriage. Passengers are responsible for ensuring that they comply with all applicable security regulations and guidelines.

8.12. PERSONAL BELONGINGS

We will not accept liability for damage to or loss or destruction of any of your personal property as a consequence of you leaving it unattended in any of our aircraft and or in any property, airport facilities or vehicles we use.

9.1. SCHEDULES

9.1.1. The flight times and flight durations shown in our timetables or communicated to you may change between the date of publication (or issue) and the date you actually travel. We do not guarantee flight times and flight durations to you and they do not form part of your contract of carriage with us. Schedules are subject to change without notice, and we assume no liability for making connections.

9.1.2. Before we accept your booking, we or our Authorised Agent will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. It is your responsibility to give us or our Authorised Agent your contact information so that we or that Authorised Agent can try 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. Apart from this, we will have no liability to you for any loss or expense whatsoever.

9.1.3. We may, without notice, substitute alternative Carriers or aircraft.

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. Some circumstances which cause delay or cancellation are beyond our control including, but not limited to, bad weather, strikes, bird strikes, an emergency affecting another airline, air traffic control measures, third parties, and in such circumstances our liability to you for cancellation or delay may be limited.

9.2.2. Except as otherwise provided by the Convention or applicable law, if we cancel a flight, fail to operate a flight reasonably according to the schedule, are unable to provide previously confirmed space, fail to stop at your destination or Stopover destination, or cause you to miss a connecting flight on which you hold a confirmed reservation and adequate time existed to make the connection after the scheduled time of arrival of your flight, we shall, at your option, either:

• (a) carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or
  (b) within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another Carrier, or by other means and class of transportation without additional charge; or
  (c) make a refund in accordance with the provisions of Article 10.2.






 
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9.2.3. Upon the occurrence of any of the matters set out in Article 9.2.2, except as otherwise provided by the Convention or other applicable laws, rules or regulations, the options outlined in Article 9.2.2(a) to 9.2.2(c) are the sole and exclusive remedies available to you and we shall have no further liability to you.

9.3. DENIED BOARDING AND DOWNGRADING 

9.3.1. If we are unable to provide a previously confirmed seat, we shall provide compensation to those Passengers denied boarding in accordance with applicable law, these General Conditions of Carriage, and our denied boarding compensation policy. A copy of our denied boarding compensation policy is available upon request. Except as provided for in applicable laws and regulations, we will have no liability to you for any additional loss or expense.

9.3.2. In some rare situations, we might not be able to provide you a seat in the class of service mentioned in your Ticket. In such situations, if you are downgraded to travel in a class of travel lower than mentioned in your Ticket, subject to Article 9.3.4, you may request reimbursement in accordance with applicable laws. Alternatively, you may choose to receive an involuntary refund in accordance with Article 10.2. Apart from this, we will have no liability to you for any loss or expense whatsoever.

9.3.3. We will seek Passengers willing to voluntarily forego carriage on a flight for which they hold a boarding pass in return for appropriate compensation. When assigning the seats available on an overbooked flight, we will give priority to unaccompanied minors and to sick or disabled Passengers subject to having previously been notified in advance that such Passengers shall be travelling on the concerned flight. We shall assign seats to the remaining Passengers in the order in which they Checked-in for the flight. We may also establish other non-discriminatory criteria when assigning such seats.

9.3.4. Where you are denied boarding from or downgraded on a flight operated by us from an airport in certain jurisdictions, or purchased a Ticket in certain jurisdictions, in circumstances where you:

• (a) hold a confirmed reservation;
  (b) have met the applicable Check-in Deadline and are not precluded from boarding by reason of application of these Conditions of Carriage or for other reasonable grounds; and 
  (c) are not traveling free of charge or on a reduced fare not generally available to the public, 






 
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you may be entitled to certain additional rights and benefits. We will provide this information in the manner prescribed by applicable regulations.

9.4. CLAIMS FOR COMPENSATION UNDER EU REGULATION 261/2004 

9.4.1. If you are entitled to make a claim for compensation for cancellation, long delay, or denied boarding under EU Regulation 261/2004, or applicable national law incorporating EU Regulation 261/2004, the provisions of this Article shall apply.

9.4.2. You must submit your claim for compensation directly to us and allow us twenty-eight (28) days (or such time as prescribed by applicable law, whichever is shorter) to respond directly to your claim before you engage a third party to make a claim on your behalf. Claims may be submitted on our website. Nothing in this Article prevents you from consulting a legal adviser or other third party company before you submit your claim directly to us.

9.4.3. We will not process any claim submitted by a third party on your behalf if you have not first submitted the claim directly to us and allowed us time to respond in accordance with Article 9.4.2. Any claim submitted by a third party must be accompanied by appropriate documentation demonstrating the authority of the third party to act on your behalf.

9.4.4. Articles 9.4.2 and 9.4.3 do not apply to Passengers who do not have the capacity to submit claims themselves or are minors. The legal guardian of a Passenger who lacks capacity may submit a claim to us on their behalf. We may request evidence that the legal guardian has authority to submit a claim on the Passenger’s behalf.

9.4.5. You may submit a claim to us on behalf of other Passengers on the same booking. We may request evidence that you have the consent of the other Passengers on the booking to submit a claim on their behalf.

9.4.6. Any payment or refund will be made to the payment card used to make the booking or to the bank account of a Passenger on the booking. We may request evidence to verify that the bank account is held by the Passenger concerned.

9.4.7. The assignment of any right to compensation, damages or refund against us shall only be valid where the right is assigned to natural persons that are registered in your flight booking as additional customers and/or, if you are a member of a travel group, to other Passengers of this travel group and/or, where the Passenger is a minor or otherwise not legally competent, to their guardians. In all other cases the assignment of any right to compensation, damages or refund against us to third parties shall be invalid. This prohibition of assignment does not apply where assignment or subrogation of the claim is required by law.

9.5. Liability for Errors or Omissions

Except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, we shall not be liable for errors or omissions in timetables or other published schedules, or for representations made by our employees, agents or representatives as to the dates or times of departure or arrival or as to the operation of any flight.

10.1. GENERAL

Without prejudice to your rights under the Convention or other applicable laws, 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 refund either to the person named in the Ticket or, to the person, legal or natural, who has paid for the Ticket, upon presentation of satisfactory proof of such payment. 

10.1.2. If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order.

10.1.3. If a Ticket is presented by any person other than the person entitled to a refund in connection therewith, we shall not be liable to the person so entitled if, in good faith, we make a refund to the person presenting such Ticket.

10.1.4. If such restriction has not been specified by the Passenger and if the Ticket has been paid by a travel agency on behalf of the Passenger, we shall be entitled to refund in full discharge to the travel agency.

10.1.5. 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. This requirement will not apply where your Ticket is an Electronic Ticket.

10.1.6. A request for a refund of your Ticket should be made to the entity who issued you the Ticket. For Tickets purchased from our website, you may make a refund request online on our website or through our call centre or a sales office. Once an online request has been made, and if you are eligible for a refund, we will provide the reimbursement within forty-five (45) days following the request. 

10.2. INVOLUNTARY REFUNDS

10.2.1. If we (a) cancel your flight, (b) fail to operate your flight reasonably according to schedule, (c) fail to carry you on a flight for which you have a confirmed reservation and have met the applicable Check-in Deadline and boarding deadline and you have not been refused carriage for reasons permitted by these Conditions of Carriage, (d) fail to stop at your destination or Stopover destination, or (e) cause you to miss a connecting flight on which you hold a confirmed reservation and adequate time existed to make the connection after the scheduled time of arrival of your flight, the amount of the refund shall be:

• (i) if no portion of the Ticket has been used, an amount equal to the fare paid (including refundable taxes and surcharges); or
  (ii) if a portion of the Ticket has been used, 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 (including refundable taxes and surcharges).

10.3. VOLUNTARY REFUNDS

10.3.1. If in accordance with the applicable fare rules or Tariffs you are entitled to a refund of your Ticket for reasons other than those set out in Article 10.2, the amount of the refund shall be:

• (i) if no portion of the Ticket has been used, an amount equal to the fare paid (including refundable taxes and surcharges) less any applicable administrative fees and cancellation fees; or
  (ii) if a portion of the Ticket has been used, any 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 (including refundable taxes and surcharges), less any applicable administrative fees and cancellation fees.

10.4. REFUND OF LOST TICKET

10.4.1. If you lose your Ticket or part of it, upon furnishing us with satisfactory proof of the loss, and paying a reasonable administration charge, refund will be made, as soon as practicable after the expiry of the validity period of the Ticket, on the condition that:

• (a) the lost Ticket, or part of it, to be replaced or refunded was originally issued by us;
  (b) the lost Ticket, or part of it, has not been used, previously refunded or replaced by us or a third party; and
  (c) the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount of the refund and reimburse us our legal costs and expenses of locating and notifying you and enforcing the agreement, if we later discover fraud, use, or that refund thereof is made to any person in possession of the lost Ticket (or part of it).






 
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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 or if it is not made by or on behalf the person who is named in the Ticket or paid for it.

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.

10.5.3. We may refuse a refund on a Ticket should the Ticket be seized due to non-valid travel documents, passport or ID or if there is evidence of fraud.

10.5.4. We may refuse a refund on a Ticket for any flight on which you have been refused carriage or from which you have been removed due to your conduct on board the aircraft or due to your failure to comply with the provisions of these Conditions of Carriage.

10.6. CURRENCY AND REFUND TO PAYMENT CARD ACCOUNTS

10.6.1. We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket. 

10.6.2. Refunds due on Tickets paid for with a payment card will be credited to the payment card account used for the original purchase. The refundable amount to be credited to the payment card account can vary from the originally debited amount due to differences in currency conversion rates and fees of your payment service provider. Such variations do not entitle you to any claim against us.

10.7. BY WHOM TICKET REFUNDABLE

We will pay a voluntary refund on a Ticket only if we or our Authorised Agents issued the Ticket. 

10.8. LIMITATION OF YOUR RIGHT

Unless we state otherwise in these Conditions of Carriage, the refund rights set out in this Article 10 represent your only rights against us if your carriage does not take place for any reason whatsoever and we will have no other liability to you for any loss or expense whatsoever.

11.1. GENERAL

11.1.1. If, in our reasonable opinion, you conduct yourself on the ground or aboard the aircraft in any manner that is likely to:

• (a) contravene the laws of any state which has jurisdiction over the aircraft;
  (b) endanger or threaten (whether by hoax threats or otherwise) the aircraft or any person or property;
  (c) obstruct, hinder or interfere with the crew or ground staff in the performance of their duties;
  (d) delay the departure or arrival of a flight or cause diversion of the aircraft; 
  (e) fail to comply with any instructions or directions of the crew or ground staff including but not limited to those with respect to smoking, alcohol or drug consumption, security and safety or use of electronic equipment; or 
  (f) behave in a manner which causes or is likely to cause discomfort, distress, inconvenience, damage or injury to other Passengers, ground staff, crew or property. This includes, for example, recording videos and/or taking photographs other than personal videos and photographs, 






 
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we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be refused boarding, disembarkation, and onward carriage at any point with no liability to us. You may be refused any further carriage you wish to contract with our airline with no liability to us and you may be prosecuted for offences committed on board the aircraft. We will not refund any unused portion of your Ticket. 

11.1.2. If any of the circumstances referred to in Article 11.1.1 occur, we also reserve the right to:

• (a) report the matter to any relevant police or other law enforcement authority;
  (b) take such measures to prevent the continuation or repetition of the offending conduct including, for example, physical restraint and/or removing you from the aircraft and/or refusal to carry you after a Stopover (whether made for the purposes of removing you from the aircraft or otherwise); and
  (c) claim reimbursement from you for any costs incurred in taking the measures we deemed necessary to prevent the continuation of your conduct plus any costs incurred by us in having to compensate other Passengers, ground staff or crew members affected by your actions and to repair or replace any property damage you may have caused.






 
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11.2. PAYMENT OF DIVERSION COSTS

11.2.1. If, as a result of conduct by you of the type mentioned in Article 11.1.1 we decide, in the exercise of our reasonable discretion, to divert the aircraft from its original destination for the purpose of offloading you and/or your Baggage, you must pay all costs resulting from that diversion including but not limited to air traffic control charges, diversion fuel costs, airport landing charges and necessary flight crew costs. In addition, you must reimburse us for any costs we incur:

• (a) as a result of delaying the aircraft for the purpose of removing you and/or your Baggage;
  (b) to repair or replace any property lost, damaged, or destroyed by you; and
  (c) to compensate any Passenger or crew member affected by your conduct.






 
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11.2.2. We may offset any of your funds in our possession against any costs incurred by us in accordance with Articles 11.1.2 and 11.2.1.

11.3. ELECTRONIC DEVICES

For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including, but not limited to, mobile telephones, laptop computers, wearable technology, smart watches, portable recorders, portable radios, CD players, iPods, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.

11.4. NON-SMOKING FLIGHTS 

All of our flights are non-smoking flights. Smoking is prohibited in all areas of the aircraft.

11.5. ON BOARD ALCOHOL

You are not allowed to consume alcohol aboard an aircraft (whether purchased as duty free from us or someone else or otherwise obtained) unless it has been served to you by us. We have the right, at any time for any reason, to refuse to serve alcohol or to withdraw alcohol which has been served.

12.1. ADDITIONAL AND THIRD PARTY SERVICES

12.1.1. 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, travel insurance, meet-and-greet-services, or car rental, in doing so we act only as your agent. The terms and conditions of that third party will apply. A copy can be made available to you, upon request, prior to completing the booking.

12.1.2. If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Details of such conditions are available from us upon request. 

12.1.3. We will have no liability to you regarding any surface carriage or any other services we arrange for you which are to be provided by a third party unless caused solely by our negligence.

12.2. IFE, ONAIR COMMUNICATION SYSTEMS, AND IN-FLIGHT MEALS
12.2.1. IFE

12.2.1.1. Passengers may be offered IFE in accordance to aircraft type, class of carriage, and route. We do not guarantee the availability or the uninterrupted use of IFE; nor the availability of any other advertised in-flight services. IFE listings are subject to amendments or cancellation taken unilaterally by us.

12.2.1.2. We will provide complimentary audio headsets for inflight visual and/or audio entertainment on all flights. Audio headsets belong to us, will be for use during the flight, and must be returned to us at the request of the crew or, in any case, prior to disembarking.

12.2.2. ONBOARD INTERNET SERVICES

12.2.2.1. OnAir communication services may be available on board some of our aircraft.

12.2.2.2. OnAir communication services are provided on an 'as is, as available' basis and we do not guarantee the availability of such services, nor do we guarantee continuous and uninterrupted services during the flight. We specifically disclaim any warranty, express or implied, including without limitation, warranty of fitness for a particular or any purpose. We shall not be liable to you for any losses arising out of or in connection with the disruption or malfunction, for any reason, of the services including but not limited to loss of income or loss of data due to disruption of service. Failure or delay to provide these services shall not constitute a default under these Conditions of Carriage and in no event shall we be liable for any consequential, indirect, special or incidental damages. Further, we have no control over and no liability in respect of any fees and billings associated with the use of the OnAir communication services which will be billed directly to you by the third party service provider.

12.2.2.3. We are not liable for protection or privacy of electronic mail or other information transferred through the OnAir communication services.

12.3. IN-FLIGHT MEALS

We cannot guarantee the availability of special meals or advertised meal choices. Meals may not always conform to their exact description as they are in some circumstances prepared by third party caterers. We cannot guarantee that meals will not contain nuts and those with nut allergies must be aware that the aircraft cannot be guaranteed as a nut free zone.

13.1. GENERAL

13.1.1. You are solely responsible for obtaining and holding 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 and hold such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions. Any assistance or information given by any of our agents, servants or employees to you in connection with obtaining the necessary documents or visas or complying with such laws, regulations, directives, demands or requirements (whether given in writing or otherwise) is merely indicative and in no way represents, replaces or forgoes the assistance and information that the Passenger is solely responsible to seek from the relevant authorities and to comply with pursuant to Article 13.1.1 above.

13.1.3. For details of required travel documents, we advise you to contact the embassy, consulate or other relevant body of all countries relevant to your flight prior to your booking to ensure you are aware of all requirements applicable to you. If you are not travelling immediately, we advise you to contact the same bodies again before you commence travel to ensure that the requirements which are applicable to you have not changed and that your travel documents remain valid for all flights, destinations and planned Stopovers. 

13.2. TRAVEL DOCUMENTS

13.2.1. Prior to travel, you must obtain and 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 may verify these documents and reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be valid so as to allow entry into, transit through or departure from any country on your itinerary.

13.2.2. If requested, you must present to us any of these documents at any time during your carriage to be deposited with the flight crew on board the aircraft for safekeeping during the flight against a receipt. We reserve the right to refuse carriage of you and your Baggage if you do not comply with these requirements.

13.2.3. We will not accept you or your Baggage for carriage if your visa or travel documents do not appear to be in order or appear to be damaged, altered or mutilated or if you have not complied with other requirements of this Article 13.2. We have the right to refuse carriage in this manner even if you have started or completed part of your carriage before it becomes clear to us that you have not complied with this Article 13.2.

13.2.4. We are not liable to you for the return of any of your travel documents, identification documents or Tickets confiscated by any Carrier or any governmental or other authority.

13.3. REFUSAL OF ENTRY

13.3.1. If you are denied entry into any country (including a country you transit through while en route to your destination), you will be responsible to reimburse us in full on demand any fine, penalty or charge assessed against us by the government concerned. In addition, you will pay the applicable fare for transporting you, and an escort if required, from that country. We may apply to the payment of such costs any funds paid to us for unused Carriage, or any of your funds in our possession. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.

13.3.2. We will transport you from the port of entry in our next immediate available flight either to your departure airport, onward destination, or a third country which allows entry. 

13.3.3. We reserve the right to ensure your removal with another Carrier.

13.4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.

You must reimburse us on demand the amount of any fine, penalty, detention costs, deportation or removal expenses, escorting charges, costs of tickets issued for you, or any other expenditure we incur by reason of your failure to comply with any laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents for entry into, or transit through, such countries. We may apply towards such payment or expenditure 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. You shall indemnify us if any action, omission or negligence on your part causes us damage including, without limitation, damage arising out of or in connection with your failure to comply with the provisions of this Article.

13.6. SECURITY INSPECTION 

You shall submit to any security checks, searches, and scans by us, our handling agents, government officials or agents, airport officials, police or military officials, and other Carriers involved in your carriage. 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. If you do not allow any such security checks, searches, and scans to be conducted, we will refuse to carry you and your Baggage.

14.1. Carriage 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..

14.2. Where the Carrier has issued the Ticket or is the Carrier designated first on the Ticket or on a Conjunction Ticket issued for successive Carriage, the Carrier shall not be liable for those parts of the journey performed by other carrier(s), except as provided for in 14.3.

14.3. In the event of Damage, a passenger can file a claim against the Carrier that performed the carriage during which the Damage occurred.

15.1. APPLICABLE RULES

15.1.1. In case of international carriage, the rules applicable to our liability shall be as provided by these Conditions of Carriage, the Convention, or applicable laws to the extent they apply. Where your carriage is not subject to the liability rules of the Convention, the rules set out in this Article 15 shall apply.

15.1.2. Our liability for domestic carriage is governed by these Conditions of Carriage and applicable national law.

15.2. LIABILITY OF OTHER CARRIERS

The liability of each Carrier involved in your journey will be determined by applicable law and its own conditions of carriage. Our liability provisions are as set out in this Article.

15.3. DEATH OF OR INJURY TO PASSENGERS

15.3.1. We will be liable for Damages in respect of death or bodily injury caused by an accident, as prescribed in the Convention, onboard the aircraft or during embarkation or disembarkation. 

15.3.2. We are entitled to the defences available under the Convention (where applicable) or applicable law and our liability shall not include indirect or consequential damages nor, in any case, exceed the amount of proven damages.

15.3.3. For Damage up to and including 128,821 SDRs in respect of liability for death or bodily injury, we will not exclude or limit our liability.

15.3.4. Notwithstanding the provisions of Article 15.3.3, if we prove that the Damage was caused by, or contributed to by, at any degree of fault, the negligence or other wrongful act or omission of the injured or deceased Passenger (or the person claiming compensation), we may be exonerated wholly or partly from our liability in accordance with applicable laws.

15.3.5. To the extent that Damage for death or bodily injury exceeds for each Passenger 128,821 SDRs, we will not be liable for such Damage if we prove that:

• (a) such Damage was not due to the negligence or other wrongful act or omission of us or our agents; or
  (b) such Damage was solely due to the negligence or other wrongful act or omission of a third party.






 
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15.3.6 When required by law to make payment to you, 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 been established, make such advance payments as may be required by law to meet the immediate economic needs on a basis proportionate to the hardship suffered.

15.3.7. The amount of any advance payment will be proportional to the economic hardship being suffered as a result of the death or bodily injury, save that, in the case of death, it will not be less than 16,000 SDRs per Passenger.

15.3.8. Advance payments pursuant to Articles 15.3.6 and 15.3.7 are subject to the following:

• (a) no person will be entitled to receive a payment if we prove that:
  (i) such Damage was not due to the negligence or other wrongful act or omission of us or our agents; or 
  (ii) such Damage was solely due to the negligence or other wrongful act or omission of a third party;
  (b) that the recipient of any payment will be obliged to return all payments if the recipient was not entitled to receive the advanced payment in accordance with Article 15.3.6 or Article 15.3.8(a) or if the recipient or the Passenger to whom the payment relates, caused or contributed to the Damage to which the payment relates;
  (c) payments will be offset against any subsequent amounts payable in respect of our liability under applicable laws;
  (d) no advance payment will be made to you in excess of 128,821 SDRs in respect of death, an advance payment will not exceed the maximum Damage for which we may be liable to pay the recipient under applicable law; and
  (e) the making of a payment will not constitute recognition or admission of liability by us.

15.3.9. We are not responsible for any illness, injury or disability, including death, attributable to your physical or general health condition or for the aggravation of such condition.

15.4. PASSENGER DELAY

15.4.1. With respect to delay, we will have no liability except as provided under these Conditions of Carriage. If we are liable, such liability is limited by the applicable Convention to 5,346 SDRs. 

15.4.2. We will not be liable for Damage in respect of passenger delay if we can prove that we took all measures that could reasonably be required to avoid the Damage or that it was impossible for us 

15.5. BAGGAGE

15.5.1. We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence and such negligence is proved by the Passenger or the person claiming compensation.

15.5.2. We will not be liable for Damage to Baggage resulting from the inherent defect, quality or vice of the Baggage; or for Damage caused by items contained in your Baggage. Likewise, we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigors of transportation by air.

15.5.3. Unless you prove that the Damage resulted from our act or omission either done with the intention of causing Damage or recklessly and with knowledge that Damage would probably result, our liability for Damage to Baggage is limited to provable direct losses and limited to the following maximum amounts:

• (a) the maximum amount of 332 SDRs (or the equivalent in local currency) per Passenger applies to Damage to Unchecked Baggage where the Warsaw Convention applies to your carriage;
  (b) the maximum amount of 17 SDRs (or the equivalent in local currency) per kilogram, or any higher sum agreed by us pursuant to Article 15.5.4, applies to Damage to Checked Baggage where the Warsaw Convention applies to your carriage;
  (c) where the Montreal Convention applies to your carriage, our liability for Damage to Checked Baggage is a maximum amount of 1288 SDRs (or the equivalent in local currency) per Passenger, or any higher sum agreed by us pursuant to Article 15.5.4;
  (d) the maximum limit of liability for Damage to both Unchecked and Checked Baggage laid down by local law applies to your Baggage where local law applies to your carriage instead of the Warsaw Convention or the Montreal Convention;
  (e) the maximum limit of liability for Damage to both Unchecked and Checked Baggage specified in Articles 15.5.3(a) and 15.5.3(b) apply to Damage to Unchecked Baggage and Checked Baggage respectively where neither the Warsaw Convention nor the Montreal Convention applies to your carriage and no limit of our liability is laid down by applicable local law.






 
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15.5.4. Subject to proof of loss, you can benefit from a higher liability limit for Damage to Checked Baggage, up to an amount specified by us, if you complete a special declaration of value at the time of check-in and pay an additional charge prescribed by us. We may refuse to accept a special declaration of value when a Flight Segment is to be operated by another Carrier. 

15.5.5. 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. Any Passenger whose property causes injury to another person or damage to our or another person’s property shall indemnify us for all losses and expenses incurred by us as a result thereof.

15.5.6. Unless otherwise provided for by applicable law, we shall have no liability whatsoever for loss of, Damage to, or damage caused by any items included in your Baggage which are not permitted to be contained in Checked Baggage under Article 8.4, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples. In the event of any claim for damage, delay or loss, we reserve the right to avail ourself of all defences of contributory negligence specified in the Convention or pursuant to applicable law.

15.5.7. If the weight of your Checked Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned.

15.5.8. Where carriage of your Baggage is performed by successive airlines and the Convention applies to that carriage, you are entitled to make a claim against us only if we are the first Carrier or the last Carrier or if the Damage occurred during the carriage of Baggage by us.

15.6. GENERAL

15.6.1. In the case of flights operated by us as code share services in association with another Carrier, we will be liable to those Passengers who concluded a contract of carriage with us and on whose Tickets we are shown as the carrier by our Airline Designator Code. We shall only be liable for Damages towards Passengers for our codeshare partner if we are the operator of the flight on which the Damage occurs.

15.6.2. 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.

15.6.3. We are not liable for any Damage arising from our compliance with or your failure to comply with applicable laws or government rules and regulations.

15.6.4. Except as may be specifically provided otherwise in these Conditions of Carriage or by applicable law, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with the Convention.

15.6.5. The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as it and they apply to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.

15.6.6. We are not liable for loss, damage, or delay of a Passenger’s Baggage or any personal item that may result from a security search of such Baggage or item conducted by any government officials, airport officials, police or military officials and other Carriers involved in your carriage. 

15.6.7. Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws unless otherwise expressly stated.

15.6.8. Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a Passenger.

16.1. NOTICE OF CLAIMS

16.1.1. Acceptance of Baggage 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. 

16.1.2. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, provided in any case:

• (a) for physical Damage, within seven (7) Days of receipt of the Baggage;
  (b) for lost Checked Baggage, within seven (7) Days of the date the Checked Baggage should have arrived; and
  (c) for delayed Checked Baggage, within twenty-one (21) Days from the date the Baggage has been placed at your disposal. 

16.1.3. Every such notification must be made in writing.

16.2. LIMITATION OF ACTIONS

Any right to Damages shall be extinguished if an action is not brought within two (2) years of the date of arrival at the 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.

16.3. SETTLEMENT OF CLAIMS

If we settle a claim with you, it shall be subject to you signing a release and indemnity form.

These Conditions of Carriage and carriage of you and your Baggage are also subject to certain other regulations and conditions which we adopt in the interests of safety, passenger convenience and operational matters such as punctuality, which are available for consultation at our offices and desks upon your request. These regulations and conditions as varied from time to time are important. They concern among other matters:

• the carriage of Special Assistance Passengers;
• restrictions on use of electronic devices and items;
• the carriage of animals;
• Check-in Deadlines and boarding deadlines;
• Baggage requirements and limitations;
• requirements regarding bank purchases when the card holder is not accompanying the Passenger; and
• holiday packages.

Regulations concerning these matters are available from us upon request.

18.1. 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.

18.2. We will use reasonable efforts to make correct decisions about the interpretation of applicable laws, regulations, orders or governmental policy for the purposes of Article 7.1 (our right to refuse carriage) and Article 11.1.1 (your conduct on board the aircraft). You acknowledge that such decisions may sometimes have to be made in circumstances where limited time is available, and no proper opportunity exists to carry out any or sufficient enquiries. As a result, any such decision made by us will be final and binding on you even if subsequently proved to be incorrect, provided that at the time we made our decision we had reasonable grounds for believing it was correct.

18.3. Where we expressly state in these conditions of carriage that you must comply with applicable law or applicable governmental, ICAO or IATA requirements, you must make sure that you comply with such applicable law or requirements at all times and especially on the date or dates of your carriage.

18.4. All dates and periods of time referred to in these Conditions of Carriage are made with reference to the Gregorian calendar.

18.5. The original text of our general Conditions of Carriage is in English and translation into any other language is provided for convenience of reference. If there is any inconsistency between the English text and non-English text, the English text will apply unless applicable local law requires otherwise.