General Conditions of Carriage for Passengers and Baggage - effective 1 March 2005
Introduction
When you buy a ticket to travel on a flight we operate, you enter into a contract of carriage with us. The contract is governed by:
- the conditions in your ticket or itinerary and receipt
- any tariffs which apply
- Conditions of carriage
- our regulations
© British Airways Plc 2001, 2002 and 2005.
Index
1. What particular expressions mean in these conditions
2. When these conditions apply
- General
- Code shares and franchises
- Differences between these conditions of carriage and tariffs and laws
- Differences between these conditions of carriage and our regulations
- Validity of these conditions of carriage
3. Tickets
- General
- Ticket validity period
- Using flight coupons in the right sequence and changes in itinerary
- Replacement tickets
- Your rights if you are prevented from travelling by events beyond your control
- Your right to transfer your booking to another passenger where the Package Travel, Package Holidays and Package Tour Regulations apply
- Our name and address on tickets
4. Fares, surcharges, taxes, fees and charges and currency
- Fares and surcharges
- Taxes, fees and charges
- Currency
5. Reservations
- General
- Time limits for payment of the fare
- Personal information
- Passengers requiring advance arrangements
- Seating
- Reconfirming reservations
6. Check-in and boarding
- Check-in deadlines
- The check-in deadline for your first flight
- You must check in by the check-in deadline
- You must arrive at the boarding gate on time
- We are not liable if you fail to meet deadlines
7. Our right to refuse to carry you or to ban you from travel
- Our right to refuse to carry you
- Our right to refuse to carry you when we have banned you from our route network
8. Baggage
- Your free baggage allowance
- Excess baggage
- Items you must not carry in baggage
- Firearms
- Dangerous items you must not take with you on to the plane
- Fragile or perishable items must not be packed in baggage checked into the hold
- Our right to refuse to carry checked baggage not properly and securely packed
- Our right to search, screen and x-ray you and your baggage
- Checked baggage (baggage checked into the hold)
- Unchecked baggage (baggage you carry on to the plane)
- Collecting and delivering baggage checked into the hold
- Animals
9. Schedules, remedies for delays and cancellations and denied boarding compensation
- Schedules
- Remedies for delays and cancellations
- Denied boarding compensation
10. Refunds of fares, surcharges and taxes, fees and charges
- General
- Involuntary fare refunds
- Voluntary fare refunds
- Refund on a lost ticket
- Our right to refuse a fare refund
- Currency
- Voluntary fare refunds are made only by the carrier who issued the ticket
11. Behaviour on the aircraft
- Unacceptable behaviour
- Diversion costs caused by unacceptable behaviour
- Using electronic devices on board the aircraft
12. Services provided by other companies
13. Travel documents, entry requirements, customs inspection and security screening
- General
- You must present to us valid passports, visas, health certificates and other travel documents
- What happens when you are refused entry to a country
- You must repay us fines, detention costs and other charges
- Customs inspection
- Security screening
14. Successive carriers
15. Liability for damage
- These conditions of carriage govern our liability to you
- The conditions of carriage of other carriers govern their liability to you
- International carriage is governed by the convention as modified by this clause
- Our liability for the death wounding or other bodily injury of passengers
- Our liability for damage to baggage
- Our liability for damage caused by delay to passengers
- General
16. Time limits for baggage complaints
- If you receive checked baggage without making a complaint, it will be sufficient evidence that it was delivered in good condition
- Complaints about damage to checked baggage must be made in writing within seven days of receiving the baggage
- Complaints about delay to checked baggage must be made in writing within 21 days of the baggage being made available to you
17. Action for damages must be brought within two years
18. Passengers with a disability
- General and reservations
- Seating
- Travel with an attendant
- Baggage
- Stretchers
19. Our regulations
1. What particular expressions mean in these conditions
We, us, our - British Airways Plc, BA CityFlyer.
You, your - any person holding a
ticket who is to be carried or is carried on an aircraft, except members of the crew, or, in relation to
ticket refunds, the person who paid for the
ticket. (See also the definition for
passenger.)
Agreed stopping places - the places, except the place of departure and the place of destination, set out in
your ticket or shown in
our timetables as scheduled stopping places on
your route.
Airline designator code - the two or three letters or the letter and number which identify particular
carriers.
Authorised agent - a
passenger sales agent who
we have appointed to represent
us in selling air transportation on
our services.
Baggage -
your personal property accompanying
you on
your flight. Unless
we say otherwise, this consists of
your checked and
unchecked baggage.
Baggage check - the parts of
your ticket which relate to carrying
your checked baggage.
Baggage identification tag - a document
we give
you to identify each piece of
your checked baggage.
Carrier - an air carrier.
Checked baggage -
baggage which
we have taken into
our custody and for which
we have issued a
baggage identification tag or a
baggage check or both. (
Checked baggage travels in the hold of the aircraft.)
Check-in deadline - the time limit
we have set by which
you must have completed check-in and received
your boarding pass.
Conditions of carriage - these
conditions of carriage or another carrier’s conditions of carriage as the case may be.
Conjunction ticket -
a ticket we have issued to
you in conjunction with another ticket which together make up a single contract of carriage.
Connecting flight - a subsequent flight providing onward travel on the same
ticket or on a
conjunction ticket.
Consumer - a man or a woman who has bought a
ticket under a contract governed by the law of a member state of the European Union and plans to use it for travel outside his or her trade, business or profession.
Convention - whichever of the following apply.
The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below as the Warsaw Convention).
The Warsaw Convention as amended at The Hague on 28 September 1955.
The Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975).
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975).
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975).
The Guadalajara Supplementary Convention (1961).
The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (referred to below as the Montreal Convention).
Coupon - a paper
flight coupon or an
electronic coupon, each of which entitles the
passenger named on it to travel on the particular flight identified on it.
Damage - includes death of, wounding of, or bodily injury to a
passenger. It also includes loss, partial loss, theft of, or other damage to
baggage arising out of, or in connection with, either carriage on flights
we operate or other services
we provide.
Days - all seven
days of the week. For the purpose of sending notices,
we will not count the
day on which notice is sent. For the purposes of deciding whether a
ticket is valid,
we will not count the
day on which the
ticket was issued, or the first flight began.
Electronic coupon - an electronic
flight coupon for an
electronic ticket held in
our computer database.
Electronic ticket - an
itinerary and receipt, electronic coupons and any boarding document
we have issued to
you.
Events beyond your control - unusual and unforseeable circumstances which
you cannot control and the consequences of which
you could not have avoided even if
you had taken all due care.
Flight coupon - the part of
your ticket which has the words 'Good for Passage' printed on it. In the case of an
electronic ticket, it means the
electronic coupon. The
flight coupon shows the places of departure and destination between which
you are entitled to be carried.
Involuntary fare refund - a refund, under clause 10b, of the fare for
your ticket.
Itinerary and receipt - a document or documents
we or
our authorised agents issue on paper, by fax, by E-mail, or deliver electronically to
passengers travelling with
electronic tickets. It contains the
passenger's name, flight information and a receipt.
Passenger - any person holding a
ticket who is carried, or is to be carried, on an aircraft, except members of the operating crew. (See also the definition for
you,
your.)
Passenger coupon - the part of
your ticket which is marked as such.
SDR - a Special Drawing Right as defined by the International Monetary Fund.
Stopover - a scheduled stop on
your journey at a point between the place of departure and the place of destination.
Tariff - the published fares, charges and related
conditions of carriage of an airline which have been filed, where required, with the appropriate authorities.
Ticket - either a document called 'Passenger ticket and baggage check' or an
electronic ticket, which
we or
our authorised agents have issued to
you.
Transit passenger - 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
- on another onward flight from that airport
Unchecked baggage -
your baggage other than
your checked baggage. (
You take
your unchecked baggage with
you on to the aircraft.)
Validity period - the period for which
your ticket is valid for travel.
Voluntary fare refund - a refund, under clause 10c, of the fare for
your ticket.
2. When these conditions apply
2a) General
Except where clause 2c says otherwise, these conditions of carriage will apply to all flights
we operate under the BA
airline designator code and to any case where
we have a legal liability to
you in relation to
your flight.
2b) Code shares and franchises
On some services
we have arrangements with other airlines known as code shares. This means that, even if
you have a reservation with
us and hold a
ticket showing the BA
airline designator code for the flight, another airline may operate the aircraft.
On some services we have arrangements with other airlines called franchisees who will operate the aircraft on which
you will travel using
our name,
our livery and the BA
airline designator code.
If either a code share or a franchise applies to
your flight,
we or
our authorised agents will let
you know if
we or another airline will be operating the flight at the time
you make a reservation.
2c) Differences between these conditions of carriage and tariffs and laws
If these
conditions of carriage are inconsistent with any
tariffs or laws which apply to
your contract of carriage with
us, the
tariffs or laws will apply.
2d) Differences between these conditions of carriage and our regulations
If these
conditions of carriage are inconsistent with
our regulations, these
conditions of carriage will apply.
2e) Validity of these conditions of carriage
If one of these
conditions of carriage is invalid, the other conditions will remain valid.
3. Tickets
3a) General
3a1) We will only carry
you if
you are the
passenger named in the
ticket.
We may ask
you to prove that this is the case.
3a2) You cannot transfer
your ticket. However, please read clauses 3e and 3f.
3a3) We sell some
tickets at discounted fares which may be partly or completely non-refundable.
You should choose the fare which best suits
your needs and consider taking out insurance to cover instances where
you might have to cancel
your ticket.
3a4) Your ticket is
our property at all times if it was issued by
us or
our authorised agents. If
your ticket was issued by or on behalf of another airline, it is the property of the airline which issued it.
3a5) Except where
you have an
electronic ticket,
you will not be entitled to be carried on a flight unless
you have presented a valid
ticket to
us containing: -
- the flight coupon for that flight
- all other unused flight coupons and
- the passenger coupon
You will not be entitled to be carried on a flight if the
ticket you have presented is spoiled, torn or damaged or if it has been altered or tampered with unless
we or
our authorised agents have made the alteration.
If
you are travelling on an
electronic ticket,
you will not be entitled to be carried on a flight unless the
electronic ticket was issued in
your name and
you can prove to
us that
you are the person named on it.
3a6) A
ticket is a valuable document and
you must make sure it is not lost or stolen.
3b) Ticket validity period
3b1) Unless it says differently on the
ticket, in these
conditions of carriage, or in any
tariffs which apply, a
ticket is valid for travel for:
- one year from the date it is issued or
- one year from the date you first travelled using the ticket, as long as your first flight took place within a year of the ticket being issued.
3b2) If
you are prevented from travelling within the
validity period of a
ticket because
we could not confirm
your reservation at the time
you asked for it,
we will:
- extend the validity period of the ticket or
- give you a voluntary fare refund.
3b3) If, after beginning
your journey:
- you become ill
- your illness prevents you from travelling on your next flight within the validity period of your ticket; and
- you want us to extend the validity period so that you can continue your journey;
you must give
us a medical certificate. The certificate must:
- state the facts relating to your illness and
- confirm the date you will be fit to travel again ('the recovery date').
When
we receive the certificate,
we may decide to extend the
validity period until either:
- the recovery date, as long as there is a seat available on the relevant flight in the class of service for which you have paid the fare or
- if not, the first date after the recovery date when a seat will be available.
If the
flight coupons left on
your ticket involve one or more
stopovers,
we may decide to extend the
validity period up to a maximum of three months from the
recovery date. If other members of
your immediate family were travelling with
you when you fell ill,
we will extend the
validity period of their
tickets for a similar period.
3b4) If:
- a passenger dies during their journey and
- other passengers are travelling in the same party as the dead passenger
we may decide to do either, or both, of the following.
- We will not enforce any minimum stay conditions which apply to the tickets of members of the party.
- We will extend the validity period of their tickets.
3b5) If:
- you have begun your journey
- a member of your immediate family dies and
- you have supplied us with a copy of the death certificate,
we may decide to change
your tickets and those of
your immediate family travelling with
you by doing either, or both, of the following.
- We will not enforce any minimum stay condition relating to the tickets
- We will extend the validity period of the tickets.
We will not extend the
validity period of the
tickets for more than 45
days after the date of death.
3c) Using flight coupons in the right sequence and changes in itinerary
3c1) Your ticket is valid only for the transportation shown on it from the place of departure through any
agreed stopping places to the final place of destination. The fare
you have paid is based on
our tariff for the transportation shown on
your ticket.
We will not honour
your ticket and it will no longer be valid if
you do not use all the
coupons in the sequence provided in the
ticket.
3c2) If
you want to change all or part of
your transportation,
you must contact
us beforehand.
We will work out the revised fare for
your changed transportation.
You will have the option of either accepting the revised fare or maintaining
your original transportation.
3c3) If
you need to change any aspect of
your transportation because of
events beyond your control,
you must contact
us as soon as possible.
We will use reasonable efforts to transport
you to
your next
stopover or final destination, without re-calculating the fare.
3c4) If
you change
your transportation without
our agreement,
your unused
flight coupons will not be valid for travel and will have no value and
we will not carry
you until:
- we or our authorised agents have re-calculated the revised fare for your actual transportation and
- you have paid the difference (if any) between the fare you have already paid and the revised fare which applies to your changed transportation.
If the revised fare is lower than the fare
you have already paid,
we or
our authorised agents will refund you the difference.
3c5) While some changes to
your transportation will not result in a change of fare, others, such as changing the place of departure (for example, because
you have not used the first
flight coupon in
your ticket or
you have reversed the direction of
your travel) may result in a fare increase. Many fares are valid only for travel on the dates and for the flights shown on the
ticket.
You may not be able to change these at all or only if you pay us an extra fee to do so.
3c6) We will accept each
flight coupon in
your ticket for transportation in the class of service on the date and flight for which
you have a reservation unless
you fail to meet the check-in and boarding requirements in clause 6 or
we have to deny
you boarding because of overbooking or
we exercise
our right to refuse to carry
you under clause 5d3 or 7.
3c7) If
we issue a
ticket without a reservation being specified on it,
you may make a reservation later but whether
you will be able to do so will depend on
our tariff and whether a seat is available on
your chosen
flight.
3c8) If
you cancel a booking before the
check-in deadline for
your flight,
we will not cancel
your return or onward reservations.
3c9) If
you fail to cancel a booking before the
check-in deadline for
your flight and do not show up for the flight,
we may decide to cancel
your return or onward reservations.
3d) Replacement tickets
If
you ask, we will replace
your ticket with a new
ticket if:
- you have lost your ticket or part of it
- your ticket is spoiled, torn, damaged or has been altered or tampered with
- you do not have your ticket with you and so cannot present it to us or
- one or more unused flight coupons or the passenger coupon (or both) are missing from your ticket.
We will only do this if:
- we or our authorised agents issued the original ticket
- you sign an agreement to repay us any costs and losses, up to the value of the original ticket, which we or another airline would suffer as a result of the ticket being misused and
- you prove that you had a valid ticket.
We will not claim from
you any losses which result from
our own negligence.
We may charge a reasonable administration fee for issuing a new
ticket, unless the loss or damage was caused by
us or
our authorised agents.
If:
- you cannot prove that you had a valid ticket or
- you do not sign an agreement.
we may ask
you to pay up to the full
ticket price for a replacement
ticket.
We will give
you a refund if and when
we are satisfied that the original
ticket has not been used before its
validity period ran out. If
you find the original
ticket before its
validity period runs out and give it to
us,
we will give
you a refund at that time.
If
we or
our authorised agents did not issue
your ticket,
you must apply for a refund from the airline which issued it.
3e) Your rights if you are prevented from travelling by events beyond your control
If:
- you are a consumer.
- you have been prevented from travelling by events beyond your control and
- all or part of the fare for your ticket is non-refundable.
we will give
you a credit for the non-refundable part of the fare.
We will do this if
you:
- have a completely unused ticket
- have told us promptly about the events beyond your control and
- have given us evidence of these events.
The credit can be used for future travel on
us by
you or any person
you choose. We may take a reasonable fee from the credit to cover
our administration costs.
3f) Your right to transfer your booking to another passenger where the Package Travel, Package Holidays and Package Tour Regulations apply.
We or
our authorised agents will, if
you ask, issue a new
ticket to somebody else to replace
your ticket if:
- your ticket has been issued as part of a package to which The Package Travel, Package Holidays and Package Tours Regulations 1992 SI 1992/3288 as amended (the Regulations) apply
- you want to transfer your booking under regulation 10 of the Regulations
- you prove to us or our authorised agents that you have satisfied the requirements of regulation 10 and are entitled to transfer the booking
- you give us or our authorised agents reasonable notice of your intention to transfer the booking before your date of departure
- you give us or our authorised agents the full name, address and contact number of the person to whom you want the new ticket to be issued
- you deliver your ticket to us or our authorised agents and
- you pay us or our authorised agents a reasonable administration fee for issuing the new ticket.
3g) Our name and address on tickets
Our name may be abbreviated to the BA
airline designator code on the
ticket. Our address is Waterside, PO Box 365, Harmondsworth UB7 OGB, United Kingdom. Please also see
our website www.ba.com for more details of how to contact
us.
4. Fares, surcharges, taxes, fees and charges and currency
4a) Fares and surcharges
4a1) Your fare covers transporting you from the airport at the place of departure to the airport at the place of destination, unless we say otherwise.
4a2) Your fare does not include ground transport between one airport and another or between an airport and the town terminal.
4a3) We or our authorised agents will work out the fare for your ticket which applies under our tariff on the date you pay for it. The fare will be for travel on the specific dates and itinerary shown on your ticket.
4a4) If you want to change either your itinerary or your dates of travel, this may increase the fare.
4a5) We may charge any surcharge to the fare for your ticket which applies under our tariff on the date you pay for your ticket, for example a fuel or insurance surcharge.
4b) Taxes, fees and charges
4b1)You must pay any taxes, fees and charges imposed on us or on you by governments or other authorities, or by operators of airports.
4b2) When you buy your ticket, we will tell you about any taxes, fees and charges not included in the fare and they will normally be shown separately on the ticket.
4b3) Taxes, fees and charges change constantly and can be imposed or altered after the date we have issued your ticket. If they change or if a new tax, fee or charge is imposed after we have issued your ticket, you will have to pay us any increase. Similarly, if any taxes, fees or charges you pay to us when we issue the ticket are then abolished or reduced, you will be entitled to claim a refund from us.
4b4)If you do not use your ticket, you will be entitled to claim a refund of any taxes, fees and charges which you paid, less a reasonable service charge.
4c) Currency
You must pay the fare and any taxes, fees, charges and surcharges in the currency of the country in which the ticket is issued, unless we or our authorised agents say you must use another currency at or before the time you pay. We may decide to accept payment in another currency.
5. Reservations
5a) General
5a1) We will record
your reservation in
our computer system. If
you ask,
we or
our authorised agents will give
you written confirmation of
your reservation.
5a2) Some fares have conditions attached to them which limit or exclude
your right to change or cancel reservations.
5a3) We or
our authorised agents may charge additional
carrier or agency fees for issuing or changing
your ticket or providing other reservation services.
5b) Time limits for payment of the fare
If
you have not paid for
your ticket by the deadline
we or
our authorised agents have set,
we may decide to cancel
your reservation.
5c) Personal information
5c1) We may use the personal information that
you provide and
we collect, including information about how
your purchase history and how
you use our services and facilities ('
your personal information'), for the purposes of:
- making a reservation and issuing a ticket
- providing you with your transportation and any related services and facilities
- accounting, billing and auditing
- verifying and screening credit or other payment cards
- immigration and customs control
- safety, security, health, administrative and legal purposes
- statistical analysis
- marketing analysis
- operating frequent flyer programmes
- systems testing, maintenance and development
- customer relations
- helping us in any future dealings with you and
- direct marketing and market research (which we will only do at your request or with your consent or if we give you the opportunity to opt out).
5c2) For these purposes
we may release
your personal information to:
- our subsidiary companies
- carriers and other companies involved in providing your transportation or related services and facilities
- our oneworldTM partner airlines and franchisees
- data processors
- our agents
- government and enforcement agencies and
- credit and other payment card companies and screening companies.
This may involve sending
your personal information outside the European Economic Area.
5d) Passengers requiring advance arrangements
5d1) For
passengers with a disability refer to clause 18.
5d2) If
you are not a
passenger with a disability but
you ask
us or
our authorised agents at the time of booking to provide any special assistance,
we will make reasonable efforts to meet
your request.
5d3) We may decide not to carry:
- unaccompanied children
- pregnent women or
- passengers who are ill.
if arrangements to carry them have not been made before check in.
5e) Seating
5e1) We will try to honour advance seating requests.
5e2) We cannot guarantee that
you will be able to sit in any particular seat.
5e3) We can change
your seat at any time, even after
you have boarded the aircraft, as
we may need to do this for operational, safety or security reasons.
5f) Reconfirming reservations
5f1) You may have to reconfirm onward or return reservations within certain time limits.
We will tell
you if
you need to reconfirm and how and where you should do this.
5f2) If
you fail to reconfirm,
we may decide to cancel
your onward or return reservations.
5f3) If
you fail to reconfirm but let
us know that
you still want to travel and there is space on the flight,
we will reinstate
your reservations and carry
you. If there is no space on the flight,
we will
use reasonable efforts to carry
you to
your next or final destination on a later flight.
5f4) You should check the reconfirmation requirements of any other
carriers involved in
your journey and where necessary, reconfirm with the
carrier whose
airline designator code appears on the
ticket for the flight in question.
6. Check-in and boarding
6a) Check-in deadlines
Check-in deadlines vary and
your journey will be smoother if
you allow plenty of time to check in. Please find out the
check-in deadlines for
your flights before
you travel and keep to them.
We may also tell
you a time by which
you must present yourself for check-in.
6b) The check-in deadline for your first flight
We or
our authorised agents will tell
you the
check-in deadline for
your first flight with
us.
Check-in deadlines for all
our flights are set out in
our website www.ba.com and
you can also ask
us or
our authorised agents for details at any time.
6c) You must check in by the check-in deadline
If
you do not complete the check-in process by the
check-in deadline,
we may decide to cancel
your reservation and not carry
you. By completing the check-in process
we mean that
you have received
your boarding pass for
your flight.
6d) You must arrive at the boarding gate on time
You must be present at the boarding gate not later than the time
we give
you when
you check in.
We may decide not to carry
you if
you fail to arrive at the boarding gate on time.
6e) We are not liable if you fail to meet deadlines
We will not be liable to
you for any loss or expense
you suffer if
you fail to meet
check-in deadlines, fail to present yourself for check-in on time (if
we tell
you a time) or fail to be at the boarding gate on time.
7. Our right to refuse to carry you or to ban you from travel
7a) Our right to refuse to carry you
We may decide to refuse to carry
you or
your baggage if one or more of the following has happened or
we reasonably believe may happen.
7a1) If carrying
you or
your baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger.
7a2) If carrying
you or
your baggage may affect the comfort of any person in the aircraft.
7a3) If
you are drunk or under the influence of drink or drugs.
7a4) If
you are, or
we reasonably believe
you are, in unlawful possession of drugs.
7a5) If
your mental or physical state or health is a danger or risk to
you, the aircraft or any person in it.
7a6) If
you have refused to allow a security check to be carried out on
you or
your baggage.
7a7) If
you have not obeyed the instructions of
our ground staff or a member of the crew of the aircraft relating to safety or security.
7a8) If
you have used threatening, abusive or insulting words towards
our ground staff or another
passenger or a member of the crew of the aircraft.
7a9) If
you have behaved in a threatening, abusive, insulting or disorderly way towards a member of
our ground staff or a member of the crew of the aircraft.
7a10) If
you have deliberately interfered with a member of the crew of the aircraft carrying out their duties.
7a11) If
you have put the safety of either the aircraft or any person in it in danger.
7a12) If
you have made a hoax bomb or other security threat.
7a13) If
you have committed a criminal offence during the check-in or boarding processes or on board the aircraft.
7a14) If
you have not, or do not appear to have, valid travel documents.
7a15) If
you try to enter a country for which your travel documents are not valid.
7a16) If the immigration authority for the country
you are travelling to, or for a country in which
you have a
stopover, has told
us (either orally or in writing) that it has decided not to allow
you to enter that country, even if
you have, or appear to have, valid travel documents.
7a17) If
you destroy
your travel documents during the flight.
7a18) If
you have refused to allow
us to photocopy
your travel documents.
7a19) If
you have refused to give
your travel documents to a member of the crew of the aircraft, when
we have asked
you to do so.
7a20) If
you ask the relevant government authorities for permission to enter a country in which
you have landed as a
transit passenger.
7a21) If carrying
you would break government laws, regulations, or orders.
7a22) If
you have refused or failed to give
us information which a government authority has asked us to provide about
you, including
passenger information requested in advance of your flight.
7a23) If
you have not presented a valid
ticket.
7a24) If
you have not paid the fare (or any applicable surcharges, taxes, fees or charges) for
your journey.
7a25) If
you have presented a
ticket acquired illegally.
7a26) If
you have presented a
ticket which
you did not buy from
us or
our authorised agents.
7a27) If
you have presented a
ticket which was not issued by
us or
our authorised agents.
7a28) If
you have presented a
ticket which has been reported as being lost or stolen.
7a29) If
you have presented a counterfeit
ticket.
7a30) If
you have presented a
ticket with an alteration made neither by
us nor
our authorised agents.
7a31) If
you have presented a spoiled, torn or damaged
ticket or a
ticket which has been tampered with.
7a32) If
you cannot prove
you are the person named in the
ticket.
7a33) If
you have changed
your transportation without
our agreement as set out in clause 3c.
7a34) If
you have failed to present
your ticket or
your boarding pass or
your travel documents to
us when reasonably asked to do so.
7a35) If
you have failed to complete the check-in process by the
check-in deadline.
7a36) If
you have failed to arrive at the boarding gate on time.
7a37) If
you have refused or failed to undergo health screening or a health examination requested by
us or by a government or enforcement agency.
7a38) If
you have behaved in a way mentioned above on or in connection with a previous flight and
we believe
you may repeat this behaviour.
7b) Our right to refuse to carry you when we have banned you from our route network
7b1) We will be entitled to refuse to carry
you or
your baggage if
we have given
you a banning notice and
you have bought
your ticket while the ban applies.
7b2) By a banning notice
we mean a written notice
we have given to
you informing
you that
you are banned from being carried on
our route network. (This means
you are banned from travelling on all flights we operate.) This notice will give the date when the ban comes into force and the period for which it applies. A banning notice will also ask
you not to buy a
ticket or ask or allow anyone to do so for
you.
7b3) If
you try to travel while a banning notice is in force,
we will refuse to carry
you and
you will be entitled to an involuntary fare refund.
8. Baggage
8a) Your free baggage allowance
We will carry some of
your baggage free of charge.
Your free
baggage allowance will be shown on
your ticket, or in the case of an
electronic ticket, on
your itinerary and receipt and will depend on
our baggage regulations applying at the time of
your flight. If
you are in doubt, please ask
us or
our authorised agents for details of
your free
baggage allowance and
our baggage regulations.
8b) Excess baggage
You will have to pay a charge for the carriage of
baggage over
your free
baggage allowance. Please ask
us or
our authorised agents for details of
our excess
baggage rates.
8c) Items you must not carry in baggage
You must not carry the following in
your baggage (whether as
checked baggage or
unchecked baggage).
- Items you are forbidden from carrying by law.
- Items you are forbidden from carrying by our regulations.
- Items likely to put the aircraft or people or property on board the aircraft in danger. These include the items shown in the 'International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air' and the 'International Air Transport Association (IATA) Dangerous Goods Regulations'.
- Items which we reasonably consider unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, we will take account of the type of aircraft being used.
- If we discover that you are carrying forbidden items, we will refuse to carry them. Please ask us or our authorised agents for information about forbidden items if you need it.
8d) Firearms
8d1) On some of
our services we do not carry firearms and ammunition. On services where
we do carry firearms and ammunition
we may charge a handling fee for accepting firearms and ammunition or
we may exclude firearms and ammunition from
your free baggage
allowance in which case
you will have to pay an excess
baggage charge.
8d2) If
you want
us to carry firearms and ammunition, other than sporting guns or ammunition,
you must get
our permission before
you check in. If
you do not, we may decide not to carry them.
8d3) If
you are travelling on a service where
we carry firearms and
you want
us to carry sporting guns or ammunition,
you must let us know before
you check in. If
you do not,
we may decide not to carry them.
8d4) All firearms and ammunition must be carried as
checked baggage and we will not allow
you to take them into the aircraft cabin.
8d5) All firearms carried as
checked baggage must be unloaded, have the safety catch on and be suitably packed.
8d6) Carrying firearms and ammunition is covered by the ICAO Technical Instruction and IATA Regulations referred to above.
8d7) You must make sure that
you have all the documents
you need for firearms and ammunition. If
you do not,
we may decide not to carry them.
8e) Dangerous items you must not take with you on to the plane
8e1) You must not take any item into the aircraft cabin if
we tell
you that
we reasonably believe that its presence there would affect the safety and security of the aircraft or any person in it.
You must not take any item into the aircraft cabin which
you are forbidden from taking into the aircraft cabin by law.
8e2) You must not take antique, toy or replica guns or weapons into the aircraft cabin.
8e3) You must not take swords, knives, archery bows, arrows or similar weapons into the aircraft cabin.
8e4) We may either tell
you to check in items referred to in clauses 8e1, 8e2 and 8e3 as
checked baggage or refuse to carry them altogether.
8f) Fragile or perishable items must not be packed in baggage checked into the hold
You must not include in
your checked baggage fragile or perishable items or items of special value such as:
- money
- jewellery
- precious metals
- computers
- personal electronic devices
- share certificates, bonds and other valuable documents
- business documents or
- passports and other identification documents.
8g) Our right to refuse to carry checked baggage not properly and securely packed
We will refuse to carry
checked baggage if
we reasonably believe that it is not properly and securely packed in suitable containers.
8h) Our right to search, screen and x-ray you and your baggage
8h1) For reasons of safety and security
we or our agents may ask to search and screen
you and search, screen or x-ray
your baggage. We will always try to search, screen or x-ray
your baggage when
you are present. However, if
you are not available,
we may search
your baggage in
your absence.
If
you do not allow
us to carry out the necessary safety and security searches, screening and x-rays,
we will refuse to carry
you and
your baggage.
8h2) If a search or screening causes
damage to
you, or a search, screening or x-ray causes
damage to
your baggage,
we will not be liable for the
damage unless it was caused by
our negligence or fault.
8i) Checked baggage (baggage checked into the hold)
8i1) You must put
your name on each item of
checked baggage.
8i2) When
you check in
your checked baggage,
we will give
you a
baggage identification tag for each piece.
8i3) We will carry
your checked baggage, whenever possible, on the same aircraft as
you, unless we decide for safety, security or operational reasons to carry it on another flight. If
we carry
your checked baggage on another flight
we will deliver it to
you, unless the law says
you must be present for customs clearance.
8j) Unchecked baggage (baggage you carry on to the plane)
8j1) We set maximum dimensions and weights for
unchecked baggage, which must also:
- fit under the seat in front of you, or
- fit in an enclosed storage compartment in the cabin of the aircraft.
8j2) If:
- your unchecked baggage is larger than the maximum dimensions or weights
- does not fit under the seat in front of you or in an enclosed storage compartment or
- we decide it is not safe,
you must check it in as checked baggage.
8j3) If
you have an item of
baggage (such as a musical instrument) larger or heavier than the maximum dimensions and weight for
unchecked baggage but unsuitable to be carried as
checked baggage, we will carry it in the aircraft cabin if:
- you told us before you checked in that you wanted to take it into the aircraft cabin
- we agreed with you before you checked in to carry it in the aircraft cabin and
- you have paid us any extra charge that applies for this service.
Please ask
us or
our authorised agents for details of our charges.
8k) Collecting and delivering baggage checked into the hold
8k1) Unless clause 8i3 applies,
you must collect
your checked baggage as soon as
we have made it available at
your place of destination or
stopover. If
you do not collect it within a reasonable time,
we may charge you a storage fee. If
you do not claim
your checked baggage within three months from the date
we make it available,
we may dispose of it without any liability to
you.
8k2) Only the person with the
baggage identification tag and if one has been issued, the
baggage check, can claim a piece of
checked baggage.
8k3) If a person claiming a piece of
checked baggage cannot produce the
baggage identification tag and if one has been issued, the
baggage check,
we will deliver the
baggage to them only if they can prove to
us that the
baggage is theirs.
8l) Animals
On some services
we do not carry animals. If
we agree to carry
your animals,
we will carry them subject to the following conditions.
8l1) On domestic flights (by which
we mean
flights within the common travel area of the United Kingdom (including the Channel Islands and the Isle of Man) and the Republic of Ireland) the following will apply.
- Only assistance dogs accompanying passengers with a disability can be taken into the aircraft cabin.
- Assistance dogs will be carried free save that we may make a charge if an adjacent seat has to be withdrawn from use to accommodate a passenger with a disability and accompanying assistance dog.
- We will carry domestic pet animals as checked baggage or as cargo, according to our policy at the relevant time.
- All other animals must be carried as cargo.
8l2) On international flights (by which
we mean all
flights other than domestic flights) the following will apply.
- Asistance dogs accompanying passengers with a disability can be taken into the aircraft cabin if applicable laws permit it and if the necessary arrangements are in place at the relevant airports.
- Assistance dogs accompanying passengers with a disability will be carried free save that we may make a charge if an adjacent seat has to be withdrawn from use to accommodate a passenger with a disability and an accompanying assistance dog.
- Assistance dogs which cannot be taken into the aircraft cabin, pet dogs and pet cats will be carried as checked baggage or as cargo, according to our policy at the relevant time.
- All other animals must be carried as cargo.
- We will only carry animals if it would be legal for them to arrive at your place of destination or transit point.
8l3) On all flights (by which
we mean both domestic and international) the following will apply.
- Except for assistance dogs accompanying passengers with disability, animals and their containers accepted as checked baggage will not be part of your free baggage allowance and you will have to pay an excess baggage charge for them.
- You must make sure that all animals travelling as checked baggage are put in proper, adequate and secure containers. If you fail to do this, we may decide not to carry the animals.
- You must present to us all health and vaccination certificates, entry permits, transit permits, exit permits and other documents needed for the animals. If you fail to do this, we may decide not to carry the animals.
- Unless carrying the animals is covered by the liability rules of the convention, we will not be responsible for their loss, sickness, injury or death unless we have been negligent.
- We are not liable to you for any loss you suffer because you do not have the health and vaccination certificates, entry permits, transit permits, exit permits and other documents needed for your animals. You must repay to us any fines, costs, charges, losses or liabilities we have paid or suffered because you did not have these documents.
- From time to time we adopt regulations for carrying animals. Please ask us or our authorised agents for a copy.
9. Schedules, remedies for delays and cancellations and denied boarding compensation
9a) Schedules
9a1) The flight times shown in
our timetables may change between the date of publication and the date
you actually travel.
We do not guarantee these flight times to
you and they do not form part of
your contract of carriage with us.
9a2) Before
we accept your booking,
we or
our authorised agents will tell you the scheduled departure time of
your flight and it will be shown on
your ticket or
itinerary and receipt.
We may need to change the scheduled departure time of
your flight after
your ticket has been sent to
you or to change the scheduled departure terminal for
your flight. If
you give
us or
our authorised agents contact information,
we or they will try to let
you know about any changes.
9a3) If, after
you buy
your ticket:
- we make a significant change to the scheduled departure time of your flight;
- you find this change unacceptable; and
- we or our authorised agents cannot book you on another flight which you are prepared to accept;
we will give
you an
involuntary fare refund.
9b) Remedies for delays and cancellations
9b1) We will take all reasonable measures necessary to avoid delay in carrying
you and
your baggage.
9b2) These measures may, in exceptional circumstances and if necessary to prevent a flight being cancelled, include arranging for a flight to be operated:
- by another aircraft
- by another airline or
- by both.
9b3) If
we:
- cancel a flight;
- delay a flight by five hours or more;
- fail to stop at your place of stopover or destination; or
- cause you to miss a connecting flight on which you hold a confirmed reservation;
you can choose one of the three remedies set out immediately below.
Remedy 1
We will carry
you as soon as
we can to the destination shown on
your ticket on another of
our scheduled services on which a seat is available in the class of service for which
you have paid the fare. If
we do this,
we will not charge
you extra and where necessary, will extend the
validity period of
your ticket.
Remedy 2
We will carry
you to the destination shown on
your ticket in the class of service for which
you have paid the fare at a later date at your convenience and within the
validity period of
your ticket on another of
our scheduled services on which a seat is available. If
we do this,
we will not charge
you extra.
Remedy 3
We will give or obtain for
you an
involuntary fare refund.
We will give
you additional assistance, such as compensation, refreshments and other care and reimbursement, if required to do so by any law which may apply.
We will have no further liability to
you.
9c) Denied boarding compensation
If
you are denied boarding against
your will on a flight for which
you have both a valid
ticket and a confirmed reservation,
we will pay
you compensation and provide refreshments and other care as required by any law which may apply. This will not apply if
you fail to meet the
check-in and boarding requirements in clause 6 or
we exercise
our right to refuse to carry
you under clause 5d3 or 7.
10. Refunds of fares, surcharges, taxes, fees and charges
10a) General
10a1) We will refund the fare and any surcharge for
your ticket, or any unused part of it and any taxes, fees and charges, as set out in
our fare rules and
tariffs.
10a2) Unless
we say otherwise,
we will only make a refund to the person who paid for the
ticket.
10a3) You must, if
you want a refund, prove to
us that
you are the person who paid for the
ticket.
10a4) Unless
you are applying for a refund on a lost
ticket,
we will only make the refund if
you first give
us the
ticket and all unused
flight coupons.
10b) Involuntary fare refunds
10b1) We will pay fare refunds as set out below if
we:
- cancel a flight
- make a significant change to a flight time which is not acceptable to you
- delay a flight by five hours or more
- fail to stop at your place of destination or stopover
- cause you to miss a connecting flight on which you held a confirmed reservation or
- refuse to carry you because a banning notice is in force against you.
10b2) If
you have not used any part of the
ticket, the refund will be equal to the fare and any surcharge and any taxes, fees and charges
you have paid.
10b3) If
you have used part of the
ticket, the refund will be equal to at least the difference between the fare and any surcharge, taxes, fees and charges
you have paid and the correct fare, surcharge, taxes, fees and charges for travel between the points for which
you have used
your ticket.
10c) Voluntary fare refunds
10c1) If
you are entitled to a refund of the fare for
your ticket for reasons other than those set out in clause 10b, the refund will be as follows.
10c2) If
you have not used any part of the
ticket, the refund will be equal to the fare and any surcharge and any taxes, fees and charges
you have paid, less any cancellation and reasonable service charge.
10c3) If
you have used part of the
ticket, the refund will be equal to the difference between the fare and any surcharge, taxes, fees and charges
you have paid and the correct fare, surcharge, taxes, fees and charges for travel between the points for which
you have used the
ticket, less any cancellation and reasonable service charge.
10d) Refund on a lost ticket
10d1) If
you lose
your
ticket or part of it,
we will, if
you give us satisfactory proof of the loss and pay a reasonable administration fee, give
you a refund as soon as possible after the
validity period of the
ticket expires.
we will only do this if:
- the lost ticket, or part of it, has not been used, previously refunded or replaced (unless the use, refund or replacement by or to someone else resulted from our own negligence) and
- the person to whom the refund is made agrees to repay us the amount we refund if we later discover fraud.
This will not apply if any fraud or use by someone else resulted from our negligence.
10d2) If
we or
our authorised agents lose the
ticket or part of it,
we will be responsible for any loss.
10e) Our right to refuse a fare refund
10e1) We may decide to refuse to give
you a refund if
you apply for it after the end of the
ticket validity period.
10e2) We may decide to refuse to give
you a refund if, when
you arrived in a country,
you presented
your ticket to us or to government officials as evidence of
your intention to leave that country, unless
you can prove to us that:
- you have permission to stay in the country or
- you will be leaving the country on another airline or on another form of transport.
10f) Currency
We will pay
you a refund in the same way and in the same currency that
you used to pay for the
ticket, unless
we agree otherwise. For example, if
you paid in US dollars by credit card,
we will make a refund in US dollars to
your credit card account.
10g) Voluntary fare refunds are made only by the carrier who issued the ticket
We will only give
you a
voluntary fare refund if
we or
our authorised agents issued the
ticket and
we or they have authorised the refund.
11. Behaviour on the aircraft
11a) Unacceptable behaviour
If, while
you are on board the aircraft,
we reasonably believe that
you have:
- put the aircraft, or any person in it, in danger
- deliberately interfered with the crew in carrying out their duties
- failed to obey the instructions of the crew relating to safety or security
- failed to obey the seat-belt or no-smoking signs
- committed a criminal offence
- allowed your physical or mental state to become affected by drink or drugs
- failed to obey the crew's instructions relating to drink or drugs
- made a hoax bomb or other security threat
- threatened, abused or insulted the crew or other passengers
- behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers or
- behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers
we may take any measures
we think reasonable to prevent
you continuing
your behaviour. When the aircraft lands,
we may decide to:
- make you leave the aircraft
- refuse to carry you on the remaining sectors of the journey shown on your ticket and
- report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed.
11b) Diversion costs caused by unacceptable behaviour
If, as a result of your behaviour,
we divert the aircraft to an unscheduled place of destination and make
you leave the aircraft,
you must pay us the reasonable and proper costs of the diversion.
11c) Using electronic devices on board the aircraft
For safety reasons,
we may decide not to allow
you to use electronic devices when
you are on board the aircraft, including:
- mobile phones
- laptop computers
- personal recorders
- personal radios
- MP3, cassette and CD players
- electronic games or
- transmitting devices (for example, radio-controlled toys and walkie-talkies).
You must not use these items when
we have told
you that they are not allowed.
We will allow
you to use hearing aids and heart pacemakers.
12. Services provided by other companies
12a) If we:
- arrange for another company (such as a tour operator, a train company, a ferry or a hotel) to provide land or sea transport or other services for you or
- issue you with a ticket or voucher relating to land or sea transport or other services
we are only acting as
your agent in making the arrangements or issuing the
ticket. The terms and conditions of the company providing those services will apply.
12b) If
we are also providing land or sea transport for
you, specific conditions (not these
conditions of carriage) will apply to that transport. Please ask
us or
our authorised agents for a copy of these specific conditions.
13. Travel documents, entry requirements, customs inspection and security screening
13a) General
13a1) You (not
us) must:
- check the relevant entry requirements for any country you are visiting and
- present to us all passports, visas, health certificates and other travel documents needed for your journey.
13a2) You must obey all laws, regulations and orders of any countries
you fly from, enter or travel through or in which
you are a
transit passenger.
13a3) We will not be liable to
you if:
- you do not have all necessary passports, visas, health certificates and other travel documents
- your passport, visa, health certificates or other travel documents are invalid or out of date or
- you have not obeyed all relevant laws.
13b) You must present to us valid passports, visas, health certificates and other travel documents
Before
you travel,
you must present to us all passports, visas, health certificates and other travel documents
you need for
your journey. If
we ask,
you must:
- allow us to take and keep copies of them and
- deposit your passport or equivalent travel document with a member of the crew of the aircraft for safe custody until the end of the flight.
13c) What happens when you are refused entry to a country
If
you are refused entry to a country,
you must pay:
- any fine, penalty or charge imposed on us by the government concerned
- any detention costs we are charged
- the fare for transporting you back to your place of departure and
- any other costs we reasonably pay or agree to pay.
We will not refund to
you the fare for carrying
you to the place where
you were denied entry.
13d) You must repay us fines, detention costs and other charges
If
we have to pay any fine, penalty, fee, charge or costs (such as detention costs) because
you have failed to obey any laws or regulations, or other travel requirements of the country to which
you have travelled to or to produce the necessary documents needed by that country,
you must repay
us the amount
we have paid as a result.
We may take this amount from the value of any unused part of
your ticket, or any of
your money
we have in our possession.
13e) Customs inspection
If necessary,
you must be present when
your baggage is inspected by customs or other government officials.
We will not be liable to
you for any
damage you suffer in the course of an inspection or because
you are not present.
13f) Security screening
You must allow
us, government officials, airport officials, or other
carriers to carry out security screening of
you or
your baggage.
14. Successive carriers
If
we and other
carriers are involved in performing carriage for
you under one
ticket, or under a
conjunction ticket,
we will regard the carriage as a single operation for the purposes of the
convention. However, please read clause 15g1.
15. Liability for damage
15a) These conditions of carriage govern our liability to you.
15b) The conditions of carriage of other carriers govern their liability to you
The
conditions of carriage of each other
carrier involved in
your journey govern its liability to
you. Other
carriers may have lower limits of liability.
15c) Applicable laws
Our liability for the carriage of
passengers and
baggage is governed by the
convention. This clause 15 sets out the limits on
our liability and summarises the liability rules applied by
us under the
convention but if it is inconsistent with the
convention or other applicable laws, the
convention or other applicable laws will override this clause 15.
15d) Our liability for the death wounding or other bodily injury of passengers.
15d1) Our liability for proved damages sustained in the event of death, wounding or any other bodily injury by a
passenger in the event of an accident shall not be subject to any financial limit.
15d2) For any damages up to and including the sum of the equivalent of 100,000
SDRs (approximately £82,000),
we shall not exclude or limit
our liability.
15d3) Notwithstanding the provisions of clause 15d2, if
we prove that the
damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the injured or deceased
passenger or of the person claiming compensation
we may be exonerated wholly or partly from
our liability in accordance with applicable laws.
15d4) To the extent that damages under this clause 15d may potentially exceed 100,000
SDRs (approximately £82,000) they will be reduced accordingly if
we prove that the
damage was not due to the negligence or other wrongful act or omission of
us or
our agents or that the damage was solely due to the negligence or other wrongful act or omission of a third party.
15d5) We shall, without delay and in any event not later than 15
days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered.
15d6) Without prejudice to clause 15d5, an advance payment shall not be less than the equivalent of 16,000
SDRs (approximately £13,000) per
passenger in the event of death.
15d7) An advance payment shall not constitute recognition of
our liability.
15d8) An advance payment may be offset against any subsequent sums paid on the basis of
our liability.
15d9) An advance payment is not returnable, except in the cases described in clause 15d3, or in circumstances where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation.
15d10) We are not responsible for any illness, injury or disability, including death, attributable to
your physical condition or for the aggravation of such condition.
15e) Our liability for damage to baggage
15e1) We are not liable for
damage to
unchecked baggage (other than
damage caused by delay which is covered by clause 15e4 below), unless the
damage was caused by
our negligence or the negligence of
our agents.
15e2) Our liability for
damage to
your baggage, including
damage caused by delay, is limited by the
convention to 1,000
SDRs (approximately £820) except where
you prove that the
damage resulted from an act or omission by
us or
our agents carried out either:
- with the intention of causing
damage; or
- recklessly and with knowledge that
damage would probably result, and
you prove that
our employees or agents responsible for the act or omission were acting within the scope of their employment.
15e3) If
you complete a special declaration of higher value at check-in and pay the applicable fee,
our liability shall be limited to the higher declared value.
15e4) We are not liable for
damage to
baggage caused by delay if
we prove that
we and
our agents took all reasonable measures to avoid the
damage or that it was impossible for
us or
our agents to take such measures.
15e5) We are not liable for any damage caused by
your baggage.
15e6) You are responsible for any
damage caused by
your baggage to other people and property, including
our property.
15e7) We are not liable in any way whatever for
damage to items which
you include in
your checked baggage although
you are forbidden from including them under clauses 8c, 8d or 8f, or in the case of permitted firearms
you have not complied with the conditions for including them under clause 8d. These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, business documents, or passports and other identification documents.
15e8) We are not liable in any way whatever for
damage to items which
you include in
your unchecked baggage although
you are forbidden from including them under clauses 8c or 8e.
15f) Our liability for damage caused by delay to passengers
15f1) Our liability for
damage caused to a
passenger by delay is limited by the convention to 4,150
SDRs (approximately £3,500).
15f2) We are not liable for
damage to
passengers caused by delay if
we prove that
we and
our agents took all reasonable measures to avoid the
damage or that that it was impossible for
us or
our agents to take such measures.
15g) General
15g1) If
we:
- issue a ticket for you to be carried on another carrier; or
- check in baggage for carriage on another carrier;
we do so only as agent for that
carrier. If
you have a claim for
checked baggage,
you may make it against the first or last
carrier or against the
carrier performing the carriage during which the
damage took place.
15g2) We are not liable for any
damage arising from the fact that:
- we have obeyed laws or government rules and regulations; or
- you have not obeyed laws or government rules and regulations.
15g3) Except where these
conditions of carriage say differently,
we are liable to
you only for compensatory damages which
you are entitled to recover for proven losses and costs under the
convention.
15g4) Our contract of carriage with
you (including these
conditions of carriage and exclusions or limits of liability) applies to our agents, servants, employees and representatives in the same way as it applies to
us. As a result, the total amount
you can recover from
us and our agents, servants, employees and representatives will not be more than the total amount of
our own liability, if any.
15g5) Unless
we say otherwise, nothing in these
conditions of carriage gives up any exclusion or limitation of liability to which
we are entitled under the
convention or any laws which may apply.
15g6) Nothing in these
conditions of carriage:
- prevents us from excluding or limiting our liability under the convention or any laws which apply; or
- gives up any defence available to us under the convention or any laws which apply;
against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a
passenger.
16. Time limits for baggage complaints
16a) If you receive checked baggage without making a complaint, it will be sufficient evidence that it was delivered in good condition.
If the person with a
baggage check or a
baggage identification tag receives
checked baggage without complaint, this will be sufficient evidence that the
checked baggage has been delivered in good condition and according to the contract of carriage, unless
you prove otherwise.
16b) Complaints about damage to checked baggage must be made in writing within seven days of receiving the baggage
If
your checked baggage is damaged,
you must complain in writing to
us immediately
you discover the
damage and at the latest, within seven
days from the date
you received the
checked baggage.
16c) Complaints about delay to checked baggage must be made in writing within 21 days of the baggage being made available to you
If
your checked baggage is delayed,
you must complain in writing to
us within 21
days at the latest of the
checked baggage being made available to
you.
17. Actions for damages must be brought within two years
You will have no right to
damages if an action is not brought within two years calculated from:
- the date of arrival at the place of destination
- the date on which the aircraft ought to have arrived or
- the date on which the carriage stopped.
The method of calculating the period of limitation will be determined by the law of the court where the case is heard.
18. Passengers with a disability
18a) General and Reservations
18a1) If
you are a
passenger with a disability and
you require any special assistance,
you should inform
us at the time of booking of
your special needs.
18a2) If
you are a
passenger with a disability
we will carry you where arrangements have been made to provide for
your special needs. If
you do not inform
us at the time of booking of
your special needs,
we will nevertheless use reasonable efforts to accommodate
your special needs.
18b) Seating
All the rules of seating in clause 5e apply to seating
passengers with a disability. In addition if
you are a
passenger with a disability which causes you to
need a bulkhead seat, such as a disability which causes
you to be accompanied by an assistance dog in the cabin in accordance with clause 8l, and
you request a bulkhead seat, it will be provided to
you if it is not already assigned to another
passenger with a disability.
18c) Travel with an attendant
We may require that
you travel with an attendant if it is essential for safety or
you are unable to assist in
your own evacuation from the aircraft or
you are unable to understand safety instructions.
18d) Baggage
18d1) There is no charge for transporting any assistive device, such as a wheelchair or a cane, and such assistive devices will not be counted towards
your free
baggage allowance.
18d2) On flights where medical oxygen is permitted,
you will be charged for the service of medical oxygen (and
you will be required to be accompanied by an attendant).
18e) Stretchers
We reserve the right to cease accepting
passengers who must travel on a stretcher on any flight.
19. Our Regulations
When
we carry
you and
your baggage you must obey our regulations. These concern, among other things:
- unaccompanied children
- passengers with a disability
- pregnant women and sick passengers
- carrying animals
- restrictions on using electronic devices on board the aircraft
- smoking and drinking alcohol on board the aircraft
- forbidden items in baggage and
- limits on the measurements, size and weight of baggage.
Last updated: 13 April 2005