General Conditions of Carriage

“We”, “us”, “our” and “ourselves” mean Pisces Aviation Limited trading as PassionAir.
 
“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).

2.1 General
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.

2.2 Charter and package tour holiday operations
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.

2.3 Code shares
On some services we have arrangements with other carriers known as “code shares”. This means that even if you have a reservation with us and hold a ticket where our name or Airline Designator Code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft at the time you make a reservation 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 code share services.

2.4 Overriding Law

2.4.1. 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.

2.4.2. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
 
2.5 Conditions prevail over carrier regulations.

Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have dealing with particular subjects, these Conditions of Carriage shall prevail. If part of one of our regulations is invalid under any applicable law, the other parts of our regulations will still apply.

3.1 Transferability, non-use, loss and replacement of tickets

3.1.1 We will provide carriage only to the Passenger named on the Ticket, and you may be required to produce appropriate identification to confirm that you are the Passenger named on the Ticket.

3.1.2 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.

3.1.3 A Ticket is not transferable.

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.

3.1.5 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 purchase of a Ticket for another person.

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

3.1.7 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.

3.2 Period of validity

3.2.1 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:

3.2.1.1 One (1) year from the date of issue; or

3.2.1.2 Subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.

3.2.2 When you are prevented from traveling 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.

3.2.3 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. 

3.2.4 In the event of death of a Passenger enroute, 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.
 
3.3 Ticket sequence and use

3.3.1 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 honored and will lose its validity if all the segments 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 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.

3.3.4 Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
 
3.4 Name and address of carrier
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address is 9, Klotey Crescent, Labone, P.O Box CT 920, Cantonments, Accra – Ghana.

4.1 Fares
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may 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.
 
4.3 Currency
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our 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.

5.1 Reservation requirements

5.1.1 We or our Authorized Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).

5.1.2 Certain fares have conditions which limit or exclude your right to change or cancel reservations.

5.1.3 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.

5.1.4 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.
 
5.2 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.

5.3 Personal data
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.
 
5.4 Seating
We will endeavor to honor 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.
 
5.5 Aircraft

5.5.1 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.

5.5.2 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