DAC INTERNATIONAL AIRLINES LIMITED
Trading as PassionAir
“We”, “us”, “our” and “ourselves” mean PassionAir, a trading name for DAC International Airlines Limited.
“You”, “your” and “yourself” mean any person holding a ticket who is to be carried or is carried on an aircraft, except members of the crew. (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, three letters, or three number ticketing designator which identify particular air carriers.
“Authorized Agent” means a passenger sales agent who we have appointed to represent us in the sale of air transportation on our services.
“Baggage” means your personal property accompanying you in connection with your trip. Unless otherwise specified by us, it consists of both your checked and unchecked baggage.
“Baggage Receipt” means those portions of the Ticket which relate to the carriage of your checked baggage.
“Baggage Identification Tag” means a document issued solely for identification of each piece of checked baggage.
“Checked Baggage” means baggage of which we take custody and for which we have issued a baggage identification tag.
“Check-in Deadline” means the time limit specified by us 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 e-Ticket Receipt, identified as such and which incorporate, by reference, these Conditions of Carriage.
“Confirmed Reservation” means a booking for a flight or series of flights in circumstances where the following conditions apply: a seat is held from availability with the status ‘HK’ (holding confirmed); payment has been received in the form of cleared funds taken in the form of credit card/debit card transactions, travel agent Multi-Purpose Document, cash paid at an airport or another payment location as authorized by us, or by cleared cheque; all flight sectors are confirmed; the booking contains relevant details which are the same as the travel document held by the passenger (e.g. name, contact details, flight number(s)); and the passenger has been advised that his or her travel booking is confirmed.
“Conjunction Ticket” means a ticket we have issued to you in conjunction with another ticket which together constitute a single contract of carriage.
“Coupon” means both a paper Flight Coupon or Passenger Coupon issued by us or our authorized agent as part of your ticket.
“Damage” includes, but is not restricted to, death of, wounding of, or bodily injury to a Passenger caused by an accident on board an aircraft or during embarkation or disembarkation, and loss of, partial loss of, theft of, damage to, or destruction of, baggage. Additionally, it means damage occasioned by delay in the carriage by air of passengers or baggage.
“Days” mean all seven days of every 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.
“Denied Boarding” means a refusal to accommodate passengers on a scheduled flight although they have a valid ticket with a confirmed Reservation on that flight and have presented themselves for check in within the required time limit as stipulated in Article 6 of these Conditions of Carriage.
“Electronic Ticket” means the electronic entries in our reservations database recording the carriage you have booked for which we or our authorized agent has issued an e-Ticket Receipt.
“e-Ticket Receipt” means a receipt marked as such or marked Passenger Receipt/Itinerary, Passenger Itinerary/Receipt or Itinerary/Receipt that contains the passenger’s name(s), flight information and notices which we deliver by email, by fax, by hand, by mail or by courier.
“Flight Coupon” means a paper document, marked as such, issued by us or our authorized agent as part of your ticket showing the places of departure and destination between which you are entitled to be carried, or, alternatively, an electronic entry in our reservations database recording your booking for carriage on a particular flight.
“Force Majeure” means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised. Circumstances that are within your control and are foreseeable include, but are not limited to, not possessing valid travel documents for any country you may seek to enter as a point of destination or transit; a pre-existing medical condition of you or anyone traveling with you or a close family member or partner of which you were aware or should have been aware with the exercise of due diligence at the time of issue of your ticket; failure to arrange reliable transportation or to leave adequate time to complete your journey to an airport in order to arrive at least 90 minutes before domestic flights, or 120 minutes before all other flights (or such longer period as may be specified at time of issue of your ticket); failure to leave adequate time between the scheduled time of arrival of a connecting flight and the scheduled departure of your flight; booking a ticket knowing that you will be unable to be carried on one or more flight segments because of application of these Conditions of Carriage (such as Article 7); a pre-existing commitment relating to your employment or business or personal life of which you were aware, or should have been with the exercise of due diligence at the time of issue of your Ticket.
“Montreal Convention” means The Montreal Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, 28 May 1999.
“National Currency Equivalent” means the equivalent value of the local currency of the country in which the compensation is to be paid or in which judgment is to be made.
“Nominated Bank” means a bank, or specific branch of a bank, authorized by us to receive cash payment on our behalf in respect of the sale of air transportation on our services.
“Passenger” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for “you”, “your” and “yourself”.)
“Passenger Coupon” or “Passenger Receipt” mean a document marked as such issued by us or our authorized agent as part of your Ticket.
“Special Drawing Right” and “SDR” mean the composite unit of currency that is the official unit of exchange of the International Monetary Fund.
“Stopover” means a scheduled stop on your journey at a point between the place of departure and the place of destination.
“Tariff” means the published fares, charges and/or related Conditions of Carriage of an air carrier filed, where required, with the appropriate authorities.
“Ticket” means either the paper document marked Passenger Ticket and Baggage Check or an electronic ticket, which we or our authorized agent have issued to you.
“Transit Passenger” means
– a Passenger arriving at an airport for onward travel to another country:
– on the same flight from that airport;
– on a connecting flight from that airport;
– on a connecting flight from another airport; or
– on another onward flight from that airport.
“Unchecked Baggage” means any of your Baggage other than Checked Baggage.
“Validity Period” means the period for which your ticket is valid for travel.
“USD” means United States Dollars.
“Warsaw Convention” means whichever of the following instruments 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 Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999 (hereinafter referred to as the Montreal Convention).
Except as provided in Articles 2.2 and 2.4, these Conditions of Carriage apply wherever we are the operator of your flight or where our Airline Designator Code appears in the ‘carrier’ box of your Ticket.
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent that they are incorporated by reference or otherwise in the charter agreement or your Ticket. If carriage is performed pursuant to a package tour holiday contract with a third party these Conditions of Carriage apply to your carriage by air, with the exception of those provisions dealing with refunds.
On some services, we have arrangements with other carriers known as “code shares”. This means that even if you have a reservation with us and hold a ticket where our name or Airline Designator Code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft at the time you make a reservation whenever your reservation is made directly with us or, if made through an Authorized Agent, the Authorized Agent shall give you such information, and these Conditions of Carriage shall apply to codeshare services.
2.4 Overriding law
- These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or laws which apply to your contract of carriage, in which event such Tariffs or applicable laws shall prevail.
- If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.5 Conditions prevail over carrier regulations
Except as provided in these Conditions of Carriage, in the event of an inconsistency between these Conditions of Carriage and any other regulations we may have to deal with particular subjects, these Conditions of Carriage shall prevail. If part of one of our regulations is invalid under any applicable law, the other parts of our regulations will still apply.
Transferability, non-use, loss and replacement of tickets
- We will provide carriage only to the Passenger named on the Ticket, and will be required to produce appropriate identification to confirm that you are the Passenger named on the Ticket.
- For the purposes of the Warsaw Convention and the Montreal Convention, an e-Ticket Receipt is deemed to serve as a passenger ticket for carriage on PassionAir.
- A Ticket is not transferable.
- 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.
- If you have a Ticket of the type described in Article 3.1.4 above which is completely unused solely because you are prevented from traveling due to Force Majeure, we will provide you with a credit for the non-refundable amount of the fare for future travel on us, subject to deduction of a reasonable administration fee and provided that you promptly advise and furnish us with evidence of such Force Majeure. Such credit can be used toward the purchase of a Ticket for another person.
- The Ticket is and remains at all times the property of the issuing carrier.
- You shall not be entitled to be carried on a flight unless you provide positive identification and a valid e-Ticket Receipt has been duly issued in your name.
Period of validity
- Except as otherwise provided on the Ticket, in these Conditions of Carriage, or in any 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:
- 6 months from the date of issue; or
- Subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.
- When you are prevented from travelling within the period of validity of the Ticket because at the time you request a reservation we are unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a voluntary refund in accordance with Article 10.3.
- If, after having commenced your journey, you are prevented from traveling within the period of validity of the Ticket by reason of unexpected illness, we may decide to 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, 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. Such illness must be attested to by an official medical certificate confirming the facts of the illness and stating when you will be fit to continue your journey.
- In the event of the death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s Ticket and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of the death. The issuing carrier may charge a reasonable administration fee for this service.
Ticket sequence and use
- The Ticket you have purchased is valid only for the transportation 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 segments are not used in the sequence provided in the Ticket.
- 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 possible and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare, provided that you promptly advise us and furnish evidence of such Force Majeure.
- Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
3.4 Name and address of carrier
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address is 221 Augustus Akiwumi Street, Airport West, P.O Box CT 920, Cantonments, Accra – Ghana.
Fares, Taxes, Fees, Charges and Surcharges
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may affect the fare to be paid.
4.2 Taxes, fees and charges
Applicable taxes, fees and charges imposed by government or other authority, by the operator of an airport, or by us shall be payable by you. When 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. If you have purchased your ticket through an Authorized Agent and the Authorized Agent has failed to provide details of applicable taxes, fees and charges, resulting in no payment, or insufficient payment, of such taxes, fees and charges, you must pay the relevant amount at the airport before you are entitled to carriage. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of purchase or the date of your Ticket’s issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it, provided that the additional tax, fee, or charge is imposed by government or other authority. Likewise, if a new tax, fee or charge is imposed by government or other authority, even after payment or the date of issue of your Ticket, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of issue of your Ticket 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 imposing these taxes, charges or fees grant us a corresponding refund.
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 Authorized Agent, at or before the time payment is made (for example, because of the non-convertibility of the local currency). At our discretion, we may accept payment in another currency.
We or our Authorized Agent will record your reservation(s). Upon request, we will provide you with written confirmation of your reservation(s).
- Certain fares have conditions which limit or exclude your right to change or cancel reservations.
- If you have a medical condition or other condition for which you may require medical assistance or special assistance during embarkation, disembarkation or assistance during the flight (for example, in the circumstances set out at Articles 7.3 and 7.4, you must advise us at the time you make your booking. You will be given a provisional booking until such time that we are satisfied that you have received medical clearance required by Article 7.3 and satisfied all conditions attached to such clearance.
- At the time of making reservations, all Passengers must provide their valid and current contact details such as telephone numbers (home and office landline numbers, mobile numbers) and a valid email address. Telephone contact details will be required for the origin point, transit point (if stopping over) and at the destination point of your travel itinerary. In the event of any changes to your planned flight, such as possible flight delays and cancellations, PassionAir will make every feasible attempt to contact Passengers with related information, as soon as such information is known, and using the contact details provided.
Ticketing time limits
We will cancel your reservation if you have not paid the applicable fare (and taxes, fees and charges) for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorized Agent.
You recognize that your personal data (including sensitive personal data) has been provided to us for the purposes of making a reservation; recording and issuing a Ticket and issuing a boarding pass or other ancillary documentation associated with your carriage; advising you of changes to your itinerary; responding to your queries or requests; issuing receipts; providing you with your transportation and ancillary services related to your travel, for example, provision of wheelchair assistance and third party services; administration of accounting, billing and auditing procedures; facilitating immigration and entry procedures; dealing with customs control; meeting security requirements; handling customer relations issues; prevention and detection of crime, analysis of statistics; operating frequent flyer programmes; assisting us in dealing with your future transactions with you; systems testing; market analysis; performance measures; meeting legal obligations to you, or meeting legal obligations to make such data available to government agencies in connection with your travel (for example, security, customs, or immigration); and other purposes that are associated with your carriage.
For all these purposes, you authorize us to retain and use such data and to transmit it to our own offices, our Authorized Agent, our other companies and/or brands, anyone to whom we transfer our rights and duties; third party companies offering related services; government agencies; credit and other payment card companies; other carriers or the providers of the aforementioned services.
Sensitive personal data, for example, data relating to your health or disabilities, religion criminal record or otherwise, may be processed by us. You recognize 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 above purposes. We may also retain your personal data for direct marketing and market research, but not without your authority. We undertake to collect, process, store and transfer your data in compliance with relevant data protection legislation.
We will endeavour to honour advance seating requests against a payment as determined in line with our Tariffs. However, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety, security or other reasons.
- We will try to provide for your carriage the aircraft specified in our timetable or specified to you at the time of issue of your ticket, however, we cannot guarantee any particular aircraft. We reserve the right to substitute a different aircraft type and model. This may be necessary for operational, safety or security reasons.
- There may be occasions where it is necessary for us to temporarily supplement our fleet with aircraft operated for our benefit by another airline. In such circumstances, we shall try to ensure that you receive the same level of in-flight service, entertainment and baggage allowance advertised for your flight but we cannot guarantee that this will always be possible.
5.6 Cancellation of onward reservations
Please be advised that if you do not check in for any flight without advising us in advance or if, having checked in, fail to present yourself at the boarding gate with your boarding pass within the time limit specified by us at check-in, we may cancel your return or onward reservations.
Check-in and Boarding
Check-in Deadlines are different at every airport and we recommend that you inform yourself about these deadlines and honor them. Your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. You should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found on our website or are obtainable from us upon request.
We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines. We or our Authorized Agent will advise you of the Check-in Deadline for your first flight with us. You should contact us or speak to one of our Authorized Agents prior to traveling to determine the applicable Check-in Deadline for your flight. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found on our website or may be obtained from us or our Authorized Agents.
You must be present at the boarding gate not later than the time specified by us at the time you check-in.
We may decide to cancel the space reserved for you or change your seat assignment within your ticketed class of carriage if you fail to arrive at the boarding gate in time.
We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
Refusal and Limitation of Carriage
7.1 Right to refuse carriage
PassionAir reserves the right to refuse carriage of you and/or your baggage (even if you hold a valid ticket) if one or more of the following has happened or we reasonably believe might happen:
- Refusal to carry is necessary in order to comply with any applicable government laws, regulations or orders; or
- You commit a criminal offence during any of the operations of embarkation on your flight, or disembarkation from a connecting flight, or on board the aircraft; or
- You fail to observe safety or security instructions of, or obstruct or hinder, ground staff in the performance of their duties; or
- You use threatening, abusive or insulting words or behave in a threatening, abusive or insulting manner to ground staff or members of the crew prior to or during boarding the aircraft or disembarkation from a connecting flight; or
- The carriage of you and/or your Baggage may endanger or affect, or has endangered or affected, the safety of the aircraft or anyone on the aircraft; or
- Carriage of you and/or your Baggage may endanger or affect the safety or health of other passengers or members of the crew; or
- Carriage of you or your unchecked baggage may materially affect the comfort of other passengers; or
- Your mental or physical state, including your impairment from alcohol or drugs, appears to present a hazard or risk to yourself, to passengers, to crew, to the aircraft or to any person or property in it; or
- You have refused to submit to a security check for yourself or your Baggage, or having submitted to such a check, you fail to respond to our satisfaction to security questions, assessments or profiling or tamper with or remove security seals on your baggage; or
- You fail to observe our instructions with respect to safety or security and comfort of other passengers on matters such as, but not limited to, seating, storage of unchecked baggage, smoking, consumption of alcohol or use of drugs, use of electronic equipment including, but not limited to, mobile/cellular phones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices; or
- You are, or we reasonably suspect you are, in the unlawful possession of illegal drugs; or
- You have made or attempted to make a hoax bomb, hijack threat or other security threat; or
- You have not paid the applicable fare, taxes, fees or charges or exceptional circumstances surcharge for your journey; or
- You do not appear to have valid travel documents, or you seek, or may seek, to enter a country through which you may be in transit or for which you do not have valid travel documents, or you destroy or may destroy, your travel documents during flight, or you refuse to allow us to copy your travel documents or you refuse to surrender your travel documents to the flight crew, against receipt, when so requested; or
- You do not appear, in our exclusive opinion, to be able to meet requisite visa requirements in relation to any country through which you may be in transit or into which you may seek entry; or
- PassionAir has been informed, either orally or in writing, by the immigration or other authorities of the country to which you are traveling, or for a country in which you have a stopover planned, that you will not be permitted entry to such country even if you have valid travel documents; or
- You have failed to give us information in your possession which a governmental authority has lawfully asked us to give about you; or
- You present a Ticket that has been acquired unlawfully or fraudulently, appears to be falsified, has been purchased from or issued by an entity other than us or our Authorized Agent, or has been reported as being mutilated, lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the ticket; or
- 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 authorized agent, or the ticket is mutilated or spoilt; or
- PassionAir has notified you in writing that we would not at any time after the date of such notice carry you on our flights or if the aircraft’s weight limitations or seating capacity prevent the carriage of some Passengers and/or Baggage; or
- You do not appear, and cannot reasonably satisfy us otherwise, that you are medically fit to fly, as required by Article 7.3; or
- You, or someone who is legally responsible for you if you are a minor, have failed to comply with the requirements of Articles 7.3 or 7.4; or
- You, or someone for whom you are responsible travelling with you (such as, but not limited to, a minor), are not permitted by law, court order or bail conditions from leaving the jurisdiction of the place of departure of the aircraft; or
- You have previously committed one of the acts or omissions referred to above or have committed misconduct on a previous flight of the type referred to in Article 11.1.
- In event of denial of boarding due to the provisions of Articles 7.1.14 & 7.1.16 PassionAir shall neither bear any cost nor be obliged to make an effort to deliver the passenger to his final destination or his point of origin. PassionAir will offer transport to the point of origin (If we fly there) on seat available basis only. Otherwise, the rules and conditions of the fare purchased shall apply.
7.2Right to reimbursement
You will reimburse us any costs we incur in order to (a) repair or replace property lost, damaged or destroyed by you; (b) compensate any passenger or crew member affected by your actions, and (c) divert the aircraft for the purpose of removing you or your baggage from the aircraft. We may apply the value of any unused portion of your ticket or any of your funds in our possession against such payment or expenses.
7.3 Fitness to fly
Prior to boarding the aircraft for carriage you must be reasonably satisfied that you are medically fit to fly. Whenever you are aware of a health condition but 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 are able, if requested to do so, to produce written evidence of your fitness to fly. Where you have a medical condition which you have any reason to suspect, or ought reasonably to know, might be exacerbated by the normal operation of an aircraft or could cause you difficulty if you are unable to gain access before the end of your flight to professional medical assistance you are obliged to seek professional medical advice before flying with us and produce to us, no later than 48 hours before the flight, a medical report from an appropriately qualified doctor, dated no more than 10 days before the date of your flight, confirming your fitness to travel on all flights on which you are booked.
7.4 Special assistance
Acceptance for carriage of unaccompanied children, incapacitated persons, persons who are disabled or have limited mobility, pregnant women, persons with illness or other people with special needs requiring special assistance (such as a wheelchair) is subject to prior agreement with us at the time of ticketing and compliance with our applicable procedures. If your special assistance requirements change adversely subsequent to you receiving our agreement to carry you, you must advise us immediately of your change in circumstances and seek our further acceptance for carriage. Any Passenger accepted by us for carriage shall not subsequently be refused carriage on the basis of such disability or special requirements unless they fail to comply with these Conditions of Carriage including, but not limited to, Articles 7.1 or 7.3.
7.5 Reimbursement of medical expenses
If you are taken ill during the flight due to a condition which pre-existed the flight or due to your pregnancy, you will reimburse to us any expenses incurred as a result of treatment onboard the aircraft, transporting you on the ground, or treatment provided by third parties. In addition, if you fail to notify us of a medical condition in accordance with Article 7.3, you will also pay the costs incurred in diverting the aircraft to seek medical assistance on your behalf.
8.1 Free baggage allowance
Checked in baggage includes all those items which are weighted and carried in the aircraft and are not accessible to passengers during flight. It must consist of suitcases or containers that are sufficiently rigid and resistant to the stress caused by normal handling so as to ensure safe transport without special requirements.
There is no checked in baggage allowance for infants, only hand baggage will be accepted. Detailed information on your free baggage allowance are available on our website or from us upon request.
8.2 Excess baggage
You will be required to pay an extra charge for carriage of baggage in excess of the free baggage allowance (as stipulated in our conditions and limitations). These rates are published on the PassionAir website or from us upon request. Excess baggage charges are collected in the local currency of the departure destination or other currency as determined by us. Carriage of excess baggage is subject to available space on your flight.
Items unacceptable as baggage
You must not include in your baggage:
- 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 in our regulations (further information is available from us on request); or
- Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown to, from or over; or
- Items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.
- Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted only as Checked Baggage, subject to prior approval by us and by the Captain of the aircraft on the date or dates of carriage. Should you wish to carry such items, you must seek our permission before you check in. Firearms must be unloaded with the safety catch on, and suitably packed, and accompanied by all documents legally required by the country of departure, destination and any Stopovers. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 188.8.131.52.
- Weapons such as antique firearms, swords, knives, toy or replica guns, bows and arrows and similar items may be accepted as Checked Baggage at our discretion, subject to prior approval by us and by the Captain of the aircraft on the date or dates of carriage, but will not be permitted in the cabin of the aircraft.
- You must not include in Checked Baggage fragile or perishable items, valuable items including, but not limited to, money, jewelry, precious metals, computers, personal electronic devices, silverware, any medication or medical equipment which may be required in-flight or during your trip or which cannot be swiftly replaced if lost or damaged, house or car keys, valuable documents (including, but not limited to, business documents, passports and other identification documents, negotiable papers, securities, deeds), or samples. If an item of unchecked baggage is required, for any reason, to become Checked Baggage, you must remove all items of the type just mentioned beforehand.
- If despite being prohibited, any items referred to in Articles 8.3.1, 8.3.2 or 8.3.4 are included in your baggage, we shall not be responsible for any loss or damage to such items. 8.3.6 You must not include in unchecked baggage real, replica or toy weapons (plastic or metal), or any object which looks like a weapon or could reasonably be mistaken for a weapon, tradesman’s tools, ammunition, explosives or anything which contains explosives, catapults, darts, household cutlery, scissors, corkscrews, metal nail files, knives with blades of any length, knitting needles, paper knives, sporting bats and clubs, razor blades (except safety razors and accompanying cartridges), billiard, snooker or pool cues, hypodermic needles (except those required for medical reasons and accompanied by a medical certificate confirming the medical condition), hard sporting balls or martial arts devices, safety matches or lighters.
Right to refuse carriage
- Subject to Articles 8.3.2 and 8.3.3, we or a government agency will refuse to carry as Baggage the items described in Article 8.3, and we may refuse further carriage of any such items upon discovery.
- We may refuse to carry as baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
- 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.
Right of search
- For reasons of safety and security, we may require you to submit to 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 8.3.1 or any firearms, ammunition or weapons which have not been presented to us in accordance with Articles 8.3.2 or 8.3.3. If you are unwilling to comply with our requirements, 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.
- Please note that the security authorities of some countries require that checked baggage is secured in such a manner that it can be opened without the possibility of causing damage in the absence of the Passenger. It is your responsibility to make yourself aware of and comply with any such requirements.
- Upon delivery to us of your baggage which you wish to check we will take custody of, and issue a Baggage Identification Tag for, each piece of your checked baggage.
- Checked baggage must have your name or other personal identification affixed to it.
- Checked baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance, or the reason for carriage of the baggage on another aircraft related to the size, weight or character of the baggage or your failure to comply with these Conditions of Carriage.
- You must ensure that your checked baggage and unchecked baggage are sufficiently robust and well secured to withstand the usual and normal rigors of carriage by air without sustaining damage (except fair wear and tear).
- We may specify maximum dimensions and/or weight for Unchecked Baggage which you carry onto the aircraft. If we have not done so, Unchecked Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Unchecked 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.
- Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in Article 8.7.1, 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 have to pay an extra charge for this service.
Collection and delivery of checked baggage
- Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to us.
- Only the bearer of the Baggage Check and Baggage Identification Tag, is entitled to delivery of the Checked Baggage.
- 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 n condition that he or she establishes to our satisfaction his or her right to the Baggage.
- No animals will be accepted by us for carriage without our prior agreement at the time of booking and in compliance with procedures and conditions as specified by us.
- We do not accept any responsibility for any animal we refuse to carry on the aircraft and you will be solely responsible for making the necessary arrangements for any animal you attempt to carry on the aircraft and to which carriage has been refused. Furthermore, we will have no liability to you if you are unable to travel as a result of the refusal of carriage to any animal you attempt to carry on the aircraft.
- Service dogs accompanying passengers with disabilities will be carried free of charge subject to procedures and conditions as specified by us, which are available on request. The service dog must not cause any threat of harm or apprehension to other passengers. Where the flight is full, PassionAir may refuse to accept boarding since the cabin accommodation will not be sufficient for the passengers and animal. Passengers requiring a service dog onboard must call PassionAir directly to discuss terms and conditions prior to booking a ticket.
Items Removed by Airport Security Personnel
We will not be responsible for or have any liability in respect of, articles removed from your Baggage by airport security personnel acting in accordance with any applicable regulations.
Schedules, Delays, Cancellation of Flights and Denied Boarding
- The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract of carriage with us.
- Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to the issuance of your Ticket. If you provide us with contact information, we will 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 alternative flight which is acceptable to you, you will be entitled to an involuntary refund in accordance with Article 10.2.
Cancellation, re-routing, delays, etc.
- Departure and flight times are not guaranteed. For operational reasons or unusual or unforeseen circumstances, delays may occur, but we will take all reasonably 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, at our discretion we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
- If we cancel a flight due to be operated by us, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover destination, we shall, either:
- Carry you and your Baggage at the earliest opportunity on another of our flights on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or
- Within a reasonable period of time re-route you and your Baggage to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of transportation without additional charge.
- Make an involuntary refund in accordance with the provisions of Article 10.2.
- Upon the occurrence of any of the events set out in Article 9.2.2, except as otherwise provided by the Warsaw Convention or the Montreal Convention (as applicable), the options outlined in Article 184.108.40.206 through 220.127.116.11 are the sole and exclusive remedies available to you and we shall have no further liability to you.
- If overbooking of a flight operated by us means we are unable to carry you even though you hold a valid Ticket for the flight with a Confirmed Reservation and you have presented yourself for check-in within the time limit specified in Article 6, we shall compensate you according to, and to the extent required by applicable law and our denied boarding policy, and where relevant you should ask us about your rights.
- Denied Boarding compensation will not be paid by us if:
- The carriage has been denied for reasons beyond our control; or
- You have refused to undergo a security check or obey lawful instructions given to you by us or on our behalf; or
- There are many other circumstances which entitle us to refuse to carry you, including, but not limited to applicable law or application of these Conditions of Carriage; or
- You are travelling free; or
- You are travelling on a charter flight; or
- You present yourself with a lost, stolen, fraudulent or otherwise suspicious ticket.
- Acceptance of the denied boarding compensation relieves us from any further liability in connection with the Denied Boarding.
- We will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, as follows:
- Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.
- 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.
- Applicable taxes, fees and charges paid at the time of issue of your Ticket will be included in fare refunds pursuant to Articles 10.2, 10.3 and 10.4, where appropriate.
- All refunds are conditional on receipt by us of proof that you are the person named in the Ticket or the person entitled to receive a refund.
- If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, the amount of the refund shall be:
- If no portion of the Ticket has been used, an amount equal to the fare paid;
- If a portion of the Ticket has been used, an amount 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.
- We will pay a refund according to Article 10.2.1 if we refuse you carriage for any of the reasons set out in Article 7.1, except that you will not be entitled to any refund for the actual flight for which you were refused carriage. Apart from this, we will have no liability to you for any loss or expense whatsoever.
- If your carriage is prematurely terminated by us pursuant to Article 11.4 because of your breach of duty in relation to your conduct aboard an aircraft, the amount of your refund will be calculated according to Article 10.2.1 except that no refund will be given in respect of the flight during which your breach of duty occurred. Additionally, we shall be entitled to deduct from any refund due to you an administration fee as well as any costs due for reimbursement by you under Article 11.4.4.
If 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:
- If no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable administration charges or cancellation fees
- If a portion of the Ticket has been used and there is no restriction on the Ticket, an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
Right to refuse a refund
- We may refuse a refund where an application is made after the expiry of the validity of the Ticket.
- We will refuse a refund on a Ticket for any flight on which you have been refused carriage (for any of the reasons set out in Article 7.1) or from which you have been removed (for any of the reasons set out in Articles 11.1 and 11.2).
We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.
By whom ticket refundable
Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its agent if so authorized. Refunds will be made directly to the form of payment used when purchasing the Ticket.
Unacceptable Conduct Aboard Aircraft or in the Terminal
At all times while engaged in carriage aboard aircraft, you will behave in a manner not likely to:
- Contravene the laws of any state which has jurisdiction over the aircraft;
- Endanger or threaten (whether by hoax threats or otherwise) the aircraft or any person or property ;
- Injure or assault any person, threaten, abuse or insult other passengers or members of the crew, cause the loss of or damage to property, or prejudice the health of any passenger or crew member;
- Obstruct, hinder or interfere with the crew in the performance of their duties; or
- Contravene any instruction or direction of the crew or the carrier – whether oral or by notice – issued for the purpose of securing the safety or security of the aircraft and of persons or property and/or the comfort or convenience of passengers, including, but not limited to, instructions concerning security, seating, smoking, consumption of alcohol or use of drugs, use of electronic equipment including, but not limited to, mobile/cellular telephones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices such as radio controlled toys and walkie-talkies.
For safety reasons, consumption of alcohol by passengers is restricted to alcohol served by us, with the result that alcohol purchased by passengers (whether as duty free purchases at airports or aboard aircraft or other purchases) cannot be consumed aboard our aircraft.
Smoking is not permitted on any of our flights.
Breach of duty
If, in our reasonable opinion, you fail wholly or partially to observe any of the duties placed on you by Articles 11.1 to 11.3:
- We may report the matter to any relevant police or other enforcement authority; and
- We may take such measures as we consider necessary to prevent the continuation or repetition of such conduct including, but not limited to, physical restraint and/or removal of you from the aircraft and/or refusal to carry you after a Stopover (whether made for the purpose of removing you from the aircraft or otherwise); and
- We may decide to refuse to carry you at any time in the future; and
11.4.4 You will reimburse us any costs we incur in order to (a) repair or replace property lost, damaged or destroyed by you; (b) compensate any passenger or crew member affected by your actions, and (c) divert the aircraft for the purpose of removing you from the aircraft. We may apply the value of any unused portion of your Ticket or any of your funds in our possession against such payment or expenses.
Arrangements for Additional Services
- If we make arrangements for you with any third party to provide any services other than scheduled carriage by air, or if we issue a ticket or voucher relating to transportation or services (including non-scheduled carriage by air) provided by a third party, in doing so we act only as your agent. The terms and conditions of the third-party service provider will apply and we shall have no liability to you in respect of any claims arising out of our making of such arrangements.
- If we are also providing other surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.
You are responsible for obtaining all required passports, travel documents, visas, health certificates and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through.
- We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to require you to present to us any of these documents at any time during your carriage and to refuse carriage if you fail to produce them on request, you fail to comply with these requirements, or your travel documents do not appear to be in order.
Refusal of entry
If you are denied entry into any country, including a country through which you are transiting en route to your final destination, you will be responsible to pay any fine or charge assessed against us by the government concerned and for the cost of transporting you from that country. In such circumstances, the fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
Passenger responsible for fines, detention costs, etc.
If we are required to pay any fine or penalty or detention, deportation or escorting costs, or to incur any expenditure (including the cost of issuing you with a ticket(s) in connection with your deportation or rerouting) by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket or any of your funds in our possession.
If required, you shall attend any 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 submit to any security checks by governments, airport officials, carriers or by us.
Carriage to be performed by us and other carriers in succession under one Ticket, or a Conjunction Ticket, is likely to be regarded as a single operation for the purposes of the Warsaw Convention and the Montreal Convention, but please note the restrictions laid down in Article 15.2 in relation to our liability for such carriage.
Liability for damage
The liability of PassionAir and each carrier involved in your journey will be determined by applicable law and the carrier’s Conditions of Carriage. Applicable law may comprise the Warsaw Convention or the Montreal Convention and/or local law in individual countries. The Warsaw Convention and the Montreal Convention apply to international carriage/transportation, as defined in those Conventions. Provisions concerning our liability are set out in Articles 15.2 to 15.7.
Scope of liability
We will be liable only for Damage occurring during carriage on flights or flight segments operated by us or in relation to which we have a legal liability to you. 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. Where transportation of your Baggage is performed by successive carriers (as defined by the Warsaw Convention or the Montreal Convention, as applicable), you may make a claim against the first or last carrier.
- Wherever the Warsaw Convention or the Montreal Convention applies to your carriage, our liability will be subject to the rules and limitations of the applicable Convention.
- We will be wholly or partly exonerated from liability if the Damage was caused or contributed to by your negligence, wrongful act or omission, or the negligence of the person from whom you derive your rights or, if different, the person suffering the Damage.
- We may be wholly or partly exonerated from liability to you for Damage if we prove that the Damage did not result from our negligence, or that it resulted from the negligence of a third party, or that we took certain measures to avoid the Damage or that it was impossible to take such measures.
- Except to the extent inconsistent with the Warsaw Convention or the Montreal Convention, we are not liable for any Damage arising from our compliance with applicable laws or government rules and regulations, or from your failure to comply with the same.
- In some circumstances, we may be wholly or partly exonerated from liability if the Damage did not result from our negligence or, alternatively, resulted from the negligence of a third party.
- Except where another specific provision is made in these Conditions of Carriage, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with the Warsaw Convention or the Montreal Convention or local laws, as applicable.
- The contract of carriage, including these Conditions of Carriage and all applicable exclusions and limits of liability, applies for the benefit of our Authorized Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorized Agents, employees, representatives and persons shall not exceed the amount of our own liability if any.
- Nothing in these Conditions of Carriage:
- Gives up or waives any exclusion or limitation of our liability under the Warsaw Convention or the Montreal Convention applicable laws unless otherwise expressly stated by us in writing; or
- Prevents us from excluding or limiting our liability under the Warsaw Convention or the Montreal Convention or any laws which apply or gives up any defense available to us thereunder against any public social security body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injuries of a Passenger.
Death or injury of passengers
In the event of death, wounding or other bodily injury suffered by a passenger as a result of an accident covered by the Warsaw Convention or the Montreal Convention:
- Our liability for proven damages shall not be subject to any financial limit, be it defined by law, the Warsaw Convention or otherwise;
- We will not be liable for damages in excess of 113,100 Special Drawing Rights per Passenger where we can prove that the Damage was not due to the negligence or other wrongful act or omission of us or our servants or agents; or such Damage was solely due to the negligence or other wrongful act or omission of a third party.
- We agree to make advance payments, subject to the following conditions, namely:
The person receiving payment is a natural person;
- You are, or the person receiving payment is, entitled to compensation under applicable laws;
- Payments will be made only in respect of immediate economic needs;
- The amount of a payment will be proportional to the economic hardship being suffered as a result of the death, wounding or bodily injury, save that, in the case of death, it will not be less than the national currency equivalent of 16,000 SDRs per Passenger;
- Payment will not be made later than fifteen (15) days after the identity of the person entitled to compensation has been established under applicable laws;
- No person will be entitled to receive a payment if he or she, or the Passenger to whom the payment relates, caused or contributed to the Damage to which the payment relates by his or her negligence;
- All payments will be made subject to the condition that they will be returned to us on proof that the recipient has ceased to be able to comply at all times with Article
- or he or she or the Passenger to whom the payment relates, caused or contributed to the Damage to which the payment relates;
- Payments will be offset against any subsequent sums payable in respect of our liability under applicable laws;
- Except for payment of the minimum sum specified in Article 18.104.22.168 in respect of death, a payment will not exceed the maximum damages for which we may be liable to pay the recipient;
- The making of a payment will not constitute recognition or admission of liability by us;
- No payment will be made unless the person receiving payment gives us a signed receipt which also acknowledges the applicability of Articles 22.214.171.124, 126.96.36.199 and 188.8.131.52; and
- Save to the extent in conflict with any applicable law, and subject to payment of the minimum sum specified in Article 184.108.40.206 in the case of death, our decision in relation to the payment amount will be final and binding.
- We will not be liable for damage to unchecked baggage unless such damage is caused by our negligence. We are not liable for any damage arising from our compliance with applicable laws or government rules and regulations or from your failure to comply with same.
- Except as provided in Article 15.5.3, our maximum liability is limited to the national currency equivalent 332 SDRs (as determined by applicable law) per passenger for unchecked baggage and the national currency equivalent of 17 SDRs per kilogram (as determined by applicable law) for checked baggage where the Warsaw Convention applies, and to a maximum of the national currency equivalent of 1,131 SDRs per passenger for unchecked and checked baggage where the Montreal Convention applies. The limits of liability for damage to unchecked and checked baggage laid down by local law apply to your Baggage where your carriage does not form part of international carriage for the purposes of the Warsaw Convention or the Montreal Convention.
Neither will we accept liability for cosmetic and/or superficial damage caused to baggage as a result of normal wear and tear during the course of carriage. All claims made under the Montreal Convention must be substantiated by documented proof of purchase, including date and price of purchase. Depreciation will be deducted.
- The maximum limits of liability stated in Article 15.5.2 shall not apply if; (i) the Damage resulted from an act or omission of the carrier done with intent to cause Damage or recklessly and with knowledge that Damage would probably result; or (ii) in the case of Checked Baggage, a higher value is declared in writing at the time it was handed to the carrier and an additional charge is paid to the carrier pursuant to an excess valuation facility as determined by the carrier.
- Where an additional charge is paid pursuant to an excess valuation facility for Checked Baggage under Article 15.5.3, we will be liable for any Damage to this item up to the higher amount declared.
- Where applicable law provides that different limits of liability are applicable to Unchecked Baggage and/or Checked Baggage, such different limits shall apply.
- If the weight of the Baggage is not recorded on the Baggage Check, it is presumed for all purposes that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage applicable to the Passenger’s booking.
- Except to the extent inconsistent with the Warsaw Convention or the Montreal Convention (where applicable), we shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, or carried as Unchecked Baggage including but not limited to fragile or perishable items, valuable items (including, but not limited to, money, jewelry, precious metals, computers, personal electronic devices), any medication or medical equipment which may be required in-flight or during your trip or which cannot be swiftly replaced if lost or damaged, house or car keys, valuable documents (including, but not limited to, business documents, passports and other identification documents, negotiable papers, securities, deeds), or samples.
- We will not be liable for cosmetic and/or superficial damage caused to Baggage as a result of normal wear and tear during the course of any of the operations of carriage.
- We shall have no liability where the Damage resulted from the inherent defect, quality or vice of the 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 (see also Article 8.6.4 regarding the suitability of your Baggage for transportation by air).
- Where your Baggage has a greater value than the limit of our liability stated in Article 15.5.2, you should bring that fact to our attention at check-in so that you may make a special declaration and pay a supplementary sum according to Article 15.5.3 or fully insure the value of the Baggage prior to travel. In any event, any portion of the value of your Baggage above our applicable limit of liability should be insured by you prior to travel.
15.6 Passenger delays
Our liability for Damage caused by delay to your carriage by air is limited by the Warsaw Convention or the Montreal Convention. Where neither of those Conventions applies, we will have no liability to you except as provided in these Conditions of Carriage.
Time Limits and Processing of Baggage Claims and All Actions for Damages
16.1 Notice of claims
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If 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, and at the latest, within seven (7) days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing. Where the checked baggage is not placed at your disposal at the expiration of 21 days after the date it ought to have arrived, you may make a claim.
16.2 Processing of Baggage claims
- All claims for compensation for Damage to Baggage must be accompanied by an itemized list identifying each affected item by description, manufacturer and age, together with proof of purchase or ownership for all such items.
- In the case of a compensation claim concerning physical damage to Baggage, you must retain and, if requested by us, let us examine the affected Baggage so that we may assess the nature, extent and repairability of that damage.
- For all claims for compensation concerning Baggage, you must provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.
- If required by us, you will sign a statement of truth regarding the facts of your claim for Damage to Baggage before we pay any compensation to you.
- Failure by you to fully comply with the relevant requirements of Article 16.2 may adversely affect the amount of any compensation to which you may be entitled.
16.3 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 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.
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions are varied from time to time and are important. They concern among other things: the carriage of unaccompanied minors, pregnant women and sick passengers, restrictions on use of electronic devices and items, the on-board consumption of alcoholic beverages, security, forbidden items in Baggage, limits on size and weight of Baggage, Baggage Fees, Customer Service Policies, and airport operational policies. Regulations and conditions concerning these matters are available from us upon request.
Our interpretation of applicable government laws, regulations, or orders in relation to Articles 7.1.1 (right to refuse carriage) and 11.1.1 (conduct aboard aircraft) shall be final and binding even if it subsequently proves incorrect provided that at all material times we had no reasonable grounds for believing otherwise.