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Tarriff Conditions of Carriage for Passenger and Baggage

Note 1
In the event that the Carriage or Contract is found not to be governed by the Warsaw Convention or that Convention as amended by the Hague Protocol the Conditions of Carriage and the limits of liability will be the same as if the Conventions did apply.

Note 2
Details of the High Contracting Parties to the Warsaw Convention 1929 and theHague Protocol 1955 may be obtained on request.


Article I

DEFINITIONS
In these conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings relatively assigned to them, that is to say:

'Baggage' means such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his trip. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger.
'Baggage Check' means those portions of the ticket which provide for the carriage of passenger's checked baggage.
'Baggage Tag' means a document issued by Carrier solely for the identification of checked baggage, the baggage ( strap) tag portion of which is attached by Carrier to a particular article of checked baggage and the baggage ( identification) tag portion of which is given to the passenger.
'Carrier' includes the air carrier issuing the ticket and all carriers that carry or undertake to carry the passenger and/ or his baggage thereunder or perform to undertake  to perform any other services related to such air carriage.
'Checked Baggage' means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage check.
'Conjunction Ticket' means a ticket issued to a passenger in conjunction with another ticket which together constitute a single contract of carriage.
'Convention' means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, October 12, 1929, or the Warsaw Convention as amended at The Hague, 1955, whichever may be applicable to the carriage under that contract of carriage.
'Convention francs' means francs consisting of 65 milligrams of gold with a fineness of nine hundred thousandths.
'Damage' includes death, injury, delay, loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto.
'Days' means calendar days, including Sundays and legal holidays; provided that, for the purpose of notification, the day upon which notice is despatched shall not be counted; and that for the purposes of determining duration of validity the day upon which the ticket is issued or flight commenced, shall not be counted.
'Flight Coupon' means that the portion of the ticket that bears the notation ' Good for Passage' and indicates the particular places between which the coupon is good for carriage.
'International carriage as defined by the Warsaw Convention' means carriage which according to the contract made by the parties the place of departure and the place of destination, whether or not there be a break in the carriage or transhipment, are situated either within the territories of two High Contracting Parties to the Warsaw Convention one or both of which have not ratified the Hague Protocol or within the territory of a single High Contracting Party not having ratified the Hague protocol if there is an agreed stopping place within the territory subject to the sovereignty, suzerainty, mandate or authority of another Power even though that Power is not a High Contracting Party.
'International carriage as defined by the Warsaw Convention as amended at the Hague 1955' means carriage in which according to the agreement between the parties the place of departure and the place of destination , whether or not there be a break in the carriage or a transhipment, are situated either within the territories of States both of which have ratified the Hague Protocol or within the territory of a single State which has ratified the Hague Protocol if there is an agreed stopping place within the territory of another State even if that State has not ratified the Hague Protocol.
'Normal fare' means the highest fare established for a first or economy/ tourist class service during the period of applicability.
'Passenger' means any person,except members of crew, carried or to be carried in an aircraft with the consent of the Carrier. 
'Passenger coupon' means that the portion of the ticket which is so marked and which ultimately is retained by the passenger.
'Special fare' means a fare other than the normal fare.
'Stopover' which is equivalent to a break of journey, means a deliberate interruption of a journey by the passenger, agreed to in advance by Carrier, at a point between the place of departure and the place of destination.
'Ticket' means the document entitled ' Passenger Ticket and Baggage Check' issued by or on behalf of the Carrier and includes the Conditions of Contract and Notices and the flight and passenger coupons contained herein.
'Unchecked baggage' means any baggage of the passenger other than checked baggage.

Article II

APPLICABILITY

General 1. These Conditions are the Conditions of Carriage referred to in the ticket and, except as provided in Paragraphs 2, 3, 4, 5 and 6 of this Article, apply to all carriage of passengers and baggage by, including services incidental thereto, performed by Carrier for reward.
Not applicable to USA and Canada  2. These Conditions do not apply to carriage between places in the United States or in Canada or between a place in the United States or in Canada and any place outside thereof to which tariffs in force in those countries apply. The tariffs applicable to such carriage are available for inspection at the offices of carrier.
Gratuitous carriage  3. These Conditions also apply to gratuitous carriage except to the extent that carrier has provided otherwise in its Regulations or in the relevant contracts, passes or tickets.
Conditions subject to change-effectiveness 4. These Conditions and Carrier's Regulations, fares and charges are subject to change without notice, provided that no such change shall apply after the carriage hereunder has commenced. The fares and charges applicable to the carriage are those in effect at the date of commencement of carriage covered by the first flight coupon of the ticket except as otherwise provided in Carriers Regulations.
Charters 5. Carriage performed pursuant to a charter agreement with Carrier shall be subject to the Charter Regulations (if any) of Carrier  applicable thereto, and these conditions shall not apply except to the extent provided in the said Charter Regulations. Where Carrier has no Charter Regulations applicable  to such carriage, these Conditions shall apply to such carriage except as far as Carrier has in the said charter agreement, or tickets issued in connection with it, excluded the application of all or any part of them. In case of any inconsistency between these Conditions and the provisions contained or referred to in the said charter agreement, the latter shall prevail. The passenger, by accepting the carriage pursuant to the said charter agreement , whether or not concluded with the passenger, agrees to be bound by the applicable provisions of such agreement.
Overriding law 6. Insofar as any provision contained or referred to herein may be contrary to anything contained in the Convection, laws, government regulations, orders or requirements which cannot be waived by agreement of the parties, such provision shall remain applicable and be considered as part of the contract of carriage to the extent only that such provision is not contrary thereto. The invalidity of any provision shall not have the effect of invalidating  any other provision.
Conditions prevail over regulations 7. Save as provided herein, in the event of inconsistency between these Conditions and Carrier's Regulations, these Conditions shall prevail.

Article III

TICKETS

Ticket prima facie evidence of contract 1. (a) The ticket constitutes prima face evidence of the contract of carriage between Carrier and the passenger. The Conditions of Contract contained in the ticket are a summary of some of the provisions of these Conditions of Carriage.
Requirement for ticket  (b) A person shall not be entitled to be carried on a flight unless he presents a ticket valid and duly issued in accordance with the Carrier's Regulations and containing the flight coupon for that flight and all other unused flight coupons, and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket he presents is mutilated or if it has been altered otherwise than by Carrier or his authorised agent.
Loss, etc. of ticket  (c)  In case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, carrier may at the passenger's request replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to the Carrier that a ticket valid for the flights in question was duly issued, provided that the passenger undertakes in such form as may be prescribed by the Carrier to pay the Carrier the fare applicable to the new ticket in the event, and to the extent, that the lost or missing ticket or the missing flight coupons are used by any person or that refund in respect thereof is made to any person.
Ticket not transferrable (d)  A ticket is not transferrable. If a ticket is presented by someone other than the person entitled to be carried thereunder or to a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage or makes a refund to the person presenting the ticket.
(e) Each flight coupon will be accepted for carriage in the class of service specified therein on the date and flight for which accommodation has been reserved, when flight coupons are issued without a reservation being specified thereon, space will be reserved on application subject to availability of space on the space applied for.
Period of validity 2. (a) A ticket issued at the normal fare is valid for carriage for one year from the date of commencement of flight or if no portion of the ticket is used, from the date of issue thereof. A ticket issued at other than the normal fare is valid for carriage or for refund only for the period and subject to the conditions prescribed in Carrier's Regulations or in the ticket itself.
Extension of

(b) if a passenger is prevented from travelling within the period of validity of his ticket because carrier:

  1. Cancels the flight on which the passenger holds a reservation; or
  2. Omits a scheduled stop, being the passenger's place of departure, place of destination or place of stopover; or
  3. Fails to operate a flight reasonably according to schedule; or
  4. Causes the passenger to miss a connection; or
  5. Substitutes a different class of service; or
  6. Is unable to provide space that has been reserved the validity of such passenger's ticket will be extended until Carrier's first flight on which space is available in the class of service for which the fare has been paid.

(c) When a passenger holding a normal fare ticket, or a special fare ticket which has the same validity as a normal fare ticket, is prevented from travelling within the period of validity of his ticket because at the time such passenger requests reservations Carrier is unable to provide space for the flight, the validity of such passenger's ticket will be extended until Carrier's first flight on which space is available in the class of service for which the fare has been paid, but not for more than seven days.

(d) When a passenger after having commenced his journey is prevented from travelling within the period of validity of his ticket by reason of illness, Carrier will extend the period of validity of such passenger's ticket until the date when he becomes fit to travel according to medical certificate, or until Carrier's 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. When the flight coupons remaining in the ticket involve one or more stopovers, the validity of such ticket will be extended for not more than three months from the date shown on such certificate in the case of a normal fare ticket or a special fare ticket having the same validity as a normal fare ticket, and for not more than seven days in any other case. In such circumstances, Carrier will extend similarly the period of validity of tickets of other members of his immediate family accompanying an incapacitated passenger.

Coupon sequence and production

3. Carrier will honour flight coupons only in sequence from the place of  departure as shown on the passenger coupon. The passenger coupon and all unused flight coupons not previously surrendered to the Carrier shall be retained by the passenger throughout his journey and shall be produced and the applicable flight coupons surrendered to the Carrier at Carrier's request.

Name and address of carrier 4. Carrier's name may be abbreviated in the ticket , the full name and its abbreviation being set forth in carrier's regulations or timetables; Carriers address shall be the airport of departure shown opposite the first abbreviation of carrier's name on the ticket.

Article IV

STOPOVERS AND AGREED STOPPING PLACES

When stopovers permitted 1. In the case of passengers holding a ticket issued at the normal fare stopovers within the period of validity of the ticket will be permitted at any scheduled stop( subject to paragraph 2 below) unless government requirements or Carrier's Regulations or timetables do not permit such stopover. In the case of passengers holding tickets at special fares, stopovers are in addition subject to the limitations or prohibitions on stopovers as provided in Carrier's Regulations. Additional charges for stopovers will be payable as provided in the Carriers Regulations.
Advance arrangements required 2. Stopovers will be permitted only if arranged with the Carrier in advance and provided for on the ticket.
Agreed stopping places 3. For the purposes of the Convention and of these Conditions the agreed stopping places ( which may be altered by the Carrier) are those places, except the place of departure and the place of destination, set forth in the ticket or as shown in Carrier's timetables as scheduled stopping places on the passenger's route.

Article V

FARES, CHARGES AND ROUTINGS

General 1. Fares only for carriage from the airport to the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town centres, unless Carrier's Regulations provide that such ground transport will be furnished without additional charge.
Applicable fares 2. Applicable fares for carriage governed by these Conditions are those published by the Carrier or, if not published, constructed in accordance with Carrier's regulations. Except as otherwise provided in the Carrier's Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket. When the amount that has been collected is not the applicable fare the difference shall be paid by the passenger, or, as the case may be, refunded by the Carrier, in accordance with Carrier's regulations.
Precedence of fares  3. Unless otherwise provided in the Carrier's Regulations, a published fare takes precedence over the combination of intermediate fares applicable to the same class of service between the same points via the same routing.
Routing 4. Unless otherwise provided in Carrier's Regulations, fares apply in either direction and only to routing published in connection therewith.  If there is more than one routing at the same fare, the passenger, prior to issue of the ticket, may specify the routing; if no routing is specified Carrier may determine the routing.
Currency 5. Subject to applicable law, fares and charges are payable in any currency acceptable to the Carrier. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established for such purpose by Carrier, the current statement of which is available for inspection by the passenger at Carrier's Office where the ticket is purchased.
Payment of fares and charges 6. Carrier shall not be obliged to carry, and may refuse onward carriage of a passenger or his baggage, if the applicable fare or any charges or taxes payable have not been paid, or if credit arrangements agreed between the Carrier and the passenger (or the person paying for the ticket) have not been complied with. On refusal by the Carrier to carry the passenger or his baggage in accordance with the provisions of this paragraph, carrier's soleliability shall be to refund any amount that may be payable under Article IX Paragraph 3(b) of these Conditions.

Article VI

CHANGES TO TICKET OR SCHEDULES, MISSED CONNECTIONS

Changes requested by passenger 1. Changes to the ticket requested by the passenger will be subject to carrier's regulations
Cancellation, changes of schedule, etc.  2. If Carrier cancels a flight, fails to operate reasonably according to schedule, substitutes a different type of equipment or different class of service, is unable to provide previously confirmed space, or causes a passenger to miss a connecting flight on which he holds a reservation, Carrier, with due consideration to the passenger's reasonable interests, shall:


(a) carry the passenger on another of its scheduled passenger services on which space is available; or

(b) re-route the passenger to the destination indicated on the tickets or applicable portion thereof by its own scheduled services or the scheduled services of another Carrier, or by means of surface transportation. If the fare, excess baggage charges, and any applicable charge for the revised routing is higher than the refund value of the ticket or applicable value thereof as determined under Article XI Paragraph 3(b) , Carrier shall refund the difference if the fare and charges for the revised routing are lower; or

(c) make a refund in accordance with the provisions of Article XI Paragraph 3(b).


Article VII

RESERVATIONS

Reservations requirements. 

1.(a) A reservation of space on a flight shall not be effective and binding on Carrier unless (a) ticket for that flight has been duly issued to the passenger and the reservation entered on the appropriate flight coupon by Carrier or its authorised agent; or (b) the passenger has made a deposit in the amount and within the time limit prescribed in Carrier's Regulations.  A reservation that does not comply with one or other of these requirements may be cancelled by Carrier at any time without notice.

(b) On failure of Carrier to provide space in the class of service for which a reservation has been duly made in accordance with Sub paragraph (a) and Paragraph 6 hereof, Carrier shall be liable to the extent provided in Article XVII, Paragraph 5(i).

No particular space guaranteed 2. Carrier does not undertake to provide any particular seat in the aircraft. The passenger agrees to accept any seat that may be allotted to him on the flight in the class of service for which his ticket has been issued.
Timely arrival at check-in 3. The passenger shall arrive at Carrier's check-in location at the airport or other point of departure at the time fixed by Carrier, or, if no time is fixed, sufficiently in advance of flight departure to permit completion of government formalities and departure procedures.  If the passenger fails so to arrive in time at Carrier's check-in location at such airport or other point of departure, or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for him.  Departures will not be delayed for passengers who arrive at Carrier's check-in location at airports or other points of departure too late in Carrier's option for such formalities to be completed before scheduled departure time.  Carrier is not liable to the passenger for loss for expense due to the passenger's failure to comply with the provisions of this paragraph.
Service charge when space not occupied 4. A service charge in accordance with Carrier's Regulations shall be payable by any passenger who fails to arrive at Carrier's check-in location at the airport or other point of departure by the time fixed by Carrier (or if no time fixed, sufficiently in advance of flight departure to permit completion of government formalities and departure procedures) or appears improperly documented and not ready to travel, and as a consequence thereof does not use space for which a reservation has been made for him, or who cancels his reservation later than the time limit for cancellation prescribed in Carrier's Regulations.  The service charge shall not be payable if the passenger's failure to cancel his reservation or to arrive in time is due to a flight delay or cancellation, or omission of a scheduled stop, or failure to provide reserved space, or to medical reasons supported by a doctors' certificate.
Communications expenses 5. The passenger may be charged for communications expense incurred by Carrier as the result of a request by the passenger in connection with his reservation or journey other than communication expenses incurred in securing his original reservation on a flight.
Reconfirmation of reservations reservation. 6. Any onward or return reservation shall be subject to the requirement to reconfirm the reservation in accordance with the time limits specified in Carrier's Regulations. Failure to comply with any such requirement will entitle Carrier to cancel the onward or return
Cancellation of onward reservation made by carrier  7. If a passenger fails to occupy space that has been reserved for him on a flight, Carrier shall be entitled to cancel or to request cancellation of any onward or return reservation that Carrier has made or procured for the passenger.

Article VIII

REFUSAL OF CARRIAGE

Right to Refuse Carriage 1. Carrier will refuse carriage or onward carriage, or will cancel the reservation of any passenger when, in the exercise of it's reasonable discretion, Carrier decides:

(a) that such action is necessary for reasons of safety; or

(b) that such action is necessary to prevent violation of any applicable laws, regulations, or orders of any state or country to be flown from, into or over; or

(c) that the conduct, age, or mental or physical state of the passenger is such as to

(i) require special assistance of carrier; or
(ii) cause discomfort to make himself objectionable to other passengers; or

(iii) involve any hazard or risk to himself or to other persons or to property; or

(d) that such action is necessary owing to the failure of the passenger to observe the institutions of Carrier.

Recourse when carriage refused 2. The sole recourse of any person so refused carriage or when reservation is cancelled for any reason specified in the preceding paragraph shall be recovery of the refund value, in accordance with Article XI Paragraph 3 (b), of the unused portion of his ticket from the Carrier so refusing, or cancelling. In cases falling under Paragraph 1 (c) or 1 (d) of this Article the refund will be subject to deduction of any applicable service charge.
Weight or seating limitation 3. If the aircraft's weight limitations or seating capacity would otherwise be exceeded, Carrier shall decide in its reasonable discretion, which passengers or articles shall not be carried.
Carriage of children 4. Children will be accepted for carriage subject to the provisions of and to compliance with the requirements of Carrier's Regulations.

Article IX

BAGGAGE

Articles  1. (a)  The passenger shall not include in his baggage;
Unacceptable as baggage

(i) Articles which do not constitute baggage as defined in Article I hereof.

(ii) Articles which are likely to endanger the aircraft or persons or property on board the aircraft, including (but without limitation) Explosives, compressed gases, corrosives, oxidising radio-active or magnetised materials, materialises that are easily ignited, poisonous, offensive or irritating substances, and liquids (other than liquids in the passenger's unchecked baggage for his use in the course of the journey)

(iii) Articles the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over,

(iv) Articles which in the opinion of the Carrier are unsuitable for carriage by reason of their weight, size or character.

(v) Live animals, except that dogs, cats, household birds and other pets will be accepted for carriage subject to the provisions of Paragraph 10 of this Article,

(b) If the passenger is in possession of, or if his baggage includes any arms or munitions, he shall present them to the Carrier for inspection prior to commencement of carriage. If Carrier accepts such articles for carriage, it may require them to be delivered to and remain in its custody until the passenger's arrival at the airport building at the place of destination.

Right to refuse  2. Carrier may refuse carriage as baggage of any articles described in paragraph 1 of this Article and may refuse further carriage of anybaggage on discovering that it consists of or includes any such article.
Right of search 3. Carrier may request the passenger to permit a search to be made of his person and his baggage, and may search the passenger's baggage in his absence if the passenger is not available for such permission to be sought, for the purpose of determining whether he is in possession of or whether his baggage contains any article described in Paragraph 1(a) above or any arms or munitions which have not been presented to Carrier in accordance with Paragraph 1(b) above. If the passenger is unwilling to comply with such request Carrier may refuse to carry the passenger or his baggage and in that event Carrier shall be under no liability to the passenger except to refund to him in accordance with the provisions of the carrier.
4. If the Carrier accepts as baggage articles which do not constitute baggage as defined in Article 1 thereof, the carriage thereof shall nevertheless be subject to charges, limitations of liability and other provisions of these Conditions applicable to the carriage of baggage.
Checked baggage

5. (a) Upon delivery to Carrier of baggage to be checked Carrier shall take custody thereof. Carrier will thereupon make an appropriate entry on the ticket which act shall constitute the issue of the baggage check. Baggage {identification) tags that may be issued by the Carrier in addition to the baggage check are for identification purposes only.

(b) Carrier may refuse to accept baggage as checked baggage unless it is properly packaged in suitcases or similar containers to ensure safe passage with ordinary care in handling.

(c) The passenger shall not include in his checked baggage, and   Carrier may refuse to carry as checked baggage, fragile or perishable articles, money, jewellery, precious metals, negotiable papers, securities or other valuables, business documents or samples.

(d) Checked baggage will be carried on the same aircraft as the passenger unless Carrier decides that this is impracticable, in which case Carrier will carry the checked baggage on Carrier's next proceeding or subsequent flight on which space is available.

Free baggage allowance 6. Passengers may carry free of charge baggage as specified and subject to the conditions and limitations in Carriers Regulations. Where two or more passengers, travelling as one party to a common destination or point of stopover by the same flight, present themselves and their baggage for travelling at the same time and place, they shall be permitted a total free baggage allowance equal to the combination of their individual free baggage allowances.
Excess baggage  7. The passenger shall pay a charge for the carriage of baggage in excess of the free baggage allowance at the rate and in the manner provided in Carrier's Regulations.
Excess value declaration and charges

8. (a) A passenger may declare a value for checked baggage in excess of 250 French gold francs(equivalent to approximately   US 20) per kilogram for checked baggage. If the passenger makes such a declaration he shall pay the applicable charges in accordance with Carrier's Regulation.

(b) Except as otherwise provided in the Carrier's Regulations, excess value charges shall be payable at the point of origin for the entire journey to final destination; provided that if at a stopover en route a passenger declares a higher excess value than that originally declared, additional excess value charges for the increased value from such stopover to final destination shall be payable.

(c) Nothing contained herein shall entitle the passenger to declare such excess value for baggage in connection with carriage over Carrier's route in relation to which the Carrier's regulations do not provide for such declarations unless the carriage over such route forms a part of carriage by successive carriers including routes in respect to which such declarations are provided for by the Regulations of the carriers concerned.

Collection and delivery baggage

9. (a) The passenger shall collect his baggage as soon as it is available for collection at places of destination or stopover.
                                                     
(b) Carrier shall deliver checked baggage to the bearer of the baggage check upon payment of all unpaid sums due to Carrier under the contract of carriage. Carrier is under no obligation to ascertain that the bearer of the baggage check is entitled to delivery of the baggage and the Carrier is not liable for any loss, damage, or expense arising out of or in connection with its failure so to ascertain. Delivery of baggage will be made at the destination shown in the baggage check.

(c) If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage (identification) tag, if one has been issued, Carrier will deliver the baggage to such person only on condition that he establishes to the Carrier's satisfaction his right thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by Carrier as a result of such delivery. 
                 
(d) Acceptance of baggage by the bearer of the baggage check without written complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.

Unclaimed baggage 10. Title in any baggage which is unclaimed after being in the Carrier's possession for four calendar months shall be deemed to pass the Carrier who may make such arrangements for the disposal of baggage and the proceeds of sale arising therefrom as it shall see fit.
Pets and seeing-eye dogs' 

11. (a) Dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits and other documents required by countries of entry or transit will be accepted for carriage, subject to Carrier's Regulations.

(b) The weight of accompanied pets including the weight of containers and food carried shall not be included in the free baggage allowance of the passenger but shall be charged to and paid by the passenger at the rate applicable to excess baggage.

(c) 'Seeing- Eye' dogs together with containers and food will be carried free of charge in addition to the normal free baggage allowance, subject to Carrier's Regulations.

(d) Acceptance of carriage of pets or 'seeing- eye' dogs is subject to the condition that passenger assumes full responsibility for such pet or dog. Carrier shall not be liable for injury to or loss, delay, sickness or death of such pet or dog or in the event that it is refused entry into or passage through any country, state or territory.


Article X

SCHEDULES, CANCELLATION OF FLIGHTS

Times and schedules not guaranteed 1. (a) Carrier undertakes to use its best efforts to carry the passenger and his baggage with reasonable dispatch.  Times shown in the ticket, timetables or elsewhere are not guaranteed and do not form part of the contract of carriage and Carrier assume no responsibility for making connections.
(b) Schedules are subject to change without notice.  Carrier may when circumstances so require alter or omit stopping places shown on the ticket or in schedules and may without notice substitute alternate carriers or aircraft.
(c) Carrier will not be liable for errors or omissions in timetables or other publications of schedules or in statements or representations made by employees, agents or representatives or Carrier as to the dates or times of departure or arrival or as to the operation of any flight.
Right to cancel, postpone, etc.  2. When circumstances so require Carrier may without notice cancel, terminate, divert, postpone, or delay any flight, and in any of these events Carrier shall with due consideration to the passenger's reasonable interests carry, re-route, or make a refund to the passenger as provided in Article VI Paragraph 2 but shall be under no further liability to him.

Article XI

REFUNDS

General 1. On failure by Carrier to provide carriage in accordance with the contract of carriage, or on voluntary change of his arrangements by the passenger, refund for an unused ticket or portion thereof shall be made by Carrier in accordance with the following paragraphs of this Article and the further provisions relating to Refund contained in Carrier's Regulations.
Person to whom refund will be made

2. (a) Except as hereinafter provided in this paragraph, Carrier shall be entitled to make refund either to the person named in the ticket or to the person who has paid for the ticket.

(b) If at the request of the person paying for a ticket, being a person other than the passenger named in the ticket, Carrier has indicated in the ticket at the time of issue that there is a restriction on refund, Carrier shall make refund only to the person paying for the ticket or to his order.

(c) Except in the case of lost tickets refunds will only be made on production to Carrier of the passenger coupon and surrender of all unused flight coupons.

(d) A refund made to anyone presenting the passenger coupon and all unused flight coupons and holding himself out as a person to whom refund may be made in terms of Subparagraph (a) or (b) of this paragraph shall be deemed a refund to such person.

(e) A refund made to a person in accordance with this paragraph shall discharge Carrier from liability to refund and no other person shall be entitled to claim further refund.

Amount of refund

3. (a) The amount of any refund payable by the Carrier in respect of an unused ticket or portion thereof shall be determined in accordance with Carrier's Regulations.

(b) If the passenger is prevented from using the carriage, or part thereof, provided for in his ticket because of cancellation of a flight, or postponement or delay of a flight, or omission of a stop provided for in the ticket, or inability of Carrier to provide previously confirmed space, or substitution of a type of aircraft or class of service other than that for which the fare has been paid, or because Carrier causes the passenger to miss a connecting flight on which he holds a reservation, or because of removal of or refusal to carry the passenger in accordance with Article V Paragraph 6, or Article VIII Paragraph 1, or Article IX Paragraph 3, the amount of the refund shall be calculated in accordance with Carrier's Regulations relating to refunds described therein as "Involuntary Refunds" Carrier will furthermore refund to the passenger any communications expenses paid by the passenger in accordance with Articles VIII Paragraph 5.

(c) In case other than those set out in Subparagraph (b) of this paragraph the amount of the refund shall be calculated in accordance with Carrier's Regulations relating to refunds described therein as "Voluntary Refunds".

Refund on lost ticket (d) If a ticket or portion thereof is lost, refund will be made on proof of loss satisfactory to Carrier, provided that the lost ticket or potion thereof has not been used or previously refunded or replaced, and provided further that the person to whom the refund is made undertakes in such form as may be prescribed by Carrier to repay to Carrier the amount refunded in the event and to the extent that the lost ticket or portion thereof is used by any person or that refund thereof is made to any person.
Right to refuse refund

4. (a) Carrier may refuse when application therefore is made later than than thirty days after the expiry of the validity of the ticket.

(b) Carrier may refuse refundon  a ticket which has been presented to Carrier or to government officials of a country as evidence of intention to depart therefrom, unless the passenger establishes to Carrier satisfaction that he has permission to remain in the country or that he will depart therefrom by another carrier or another means of transport.

Currency 5. All refunds will be subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made.  Subject to the foregoing provision,  refunds will be made in the currency in which the fare was paid, or at the option of Carrier in the currency of the country of the Carrier making the refund or of the country where the refund is made or of the country in which the ticket was purchased, in an amount equivalent to the amount due in the currency in which the fare or fares for the flight covered by the ticket as originally issued was collected.
By whom ticket refundable  6. Refund will be made only by the Carrier which originally issued the ticket. When a ticket is issued by an authorised agent of Carrier such agent may make refund to the passenger on behalf of Carrier in accordance with Carrier's Regulations.

Article XII

GROUND TRANSFER SERVICE

General 1. Unless otherwise provided in Carrier's Regulations, Carrier does not maintain, operate or provide ground transfer services between airports or between airports and town centres. Carrier is not liable for the acts or omissions of the operator of such ground transfer services and shall not be liable therefore by reason of anything done by an employee or agent of carrier in assisting the passenger to avail himself to such services.
Conditions and regulations apply

2. In cases where Carrier itself maintains and operates for its passengers ground transfer service, these Conditions and Carrier's Regulations shall be deemed applicable to such ground transfer services unless
otherwise specifically provided on the ticket or other document authorising the passenger to make use of such services. Charges for the use of ground transfer services maintained and operated by Carrier itself shall be payable by the passenger in accordance with Carrier's Regulations. No portion of the fare shall be refundable if such ground transfer services are not used by the passenger.


Article XIII

SERVICE IN AIRCRAFT AND GROUND ARRANGEMENTS

Meals, etc., in aircraft  1. Meal served in aircraft will be free of charge except as otherwise provided in Carrier's Regulations. Liquor, and the provision of in-flight entertainment will be charged for in accordance with Carrier's Regulations.
Hotel expenses and meals on ground 2. Hotel expenses and meals other than meals served in the aircraft, are not included in the fare and are payable by the passenger, except as otherwise provided in Carrier's Regulations.
Arrangements by carrier 3. In making arrangements for hotel accommodation or the provision of other board or lodging for passengers, or for excursion trips on the ground or other similar arrangements, whether or not the cost of such arrangements is for the account of Carrier, Carrier acts only as agent for the passenger and Carrier is not liable for death, injury, loss, damage or expense of any nature whatsoever incurred by the passenger as a result of or in connection with the use by the passenger of such accommodation or arrangements or the denial of the use thereof to the passenger by any other person, company or agency.

Article XIV

TAXES     

Any tax  or charge imposed by government or municipal or other authority, or by the operator of an airport, in respect of a passenger of any services of facilities will be in addition to the published fares and charges and shall be payable by the passenger, except as otherwise provided in the Carrier's Regulation.

                


Article XV

ADMINISTRATIVE FORMALITIES

General  1. The passenger shall comply with all laws, regulations,orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier's rules and instructions. Carrier shall not be liable for any aid or information given by any agent or employee of the Carrier to any passenger in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands and requirements, whether given in writing or otherwise; or for the consequences to any passenger resulting from his failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
Travel documents 2. The passenger shall present all exits, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned. Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents are not complete. Carrier is not liable to the passenger for loss or expense due to the passenger's failure to comply with the requirements of this paragraph.
Refusal of entry 3. Subject to applicable laws and regulations, the passenger agrees to pay the applicable fare whenever Carrier, on government order, is required to return a passenger to his point of origin or elsewhere owing to the passenger's inadmissibility into a country, whether of transit or of destination. Carrier may apply to the payment of such fare any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by the Carrier.
Passenger responsible for fines etc. 4. If Carrier is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger's failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand refund to Carrier any amount so paid or deposited and any expenditure so incurred.
Customs inspection 5. If required, the passenger shall attend inspection of his baggage, checked or unchecked, by customs or other government officials. Carrier is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with this requirement.
6. Carrier is not liable if it determines that what it understands to be applicable law, government regulation, demand, order or requirement requires that it refuse and it does refuse to carry a passenger.

Article XVI

SUCCESSIVE CARRIERS

Carriage to be performed under one ticket or under a ticket and any conjunction ticket issued in connection therewith by several successive Carriers is regarded as a single operation.

                                                 

Article XVII

LIABILITY FOR DAMAGE

1. Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which the Convention applies. In International Carriage as defined by the Warsaw Convention the liability of the Carrier for each passenger is limited to the sum of 125 000 Convention Francs or its equivalent and in International Carriage as defined by the Warsaw Convention as amended at the Hague, 1955, the liability of the Carrier is limited to 250 000 Convention Francs or its equivalent. The Minister may from time to time, by notice in the Government Gazette, specify the respective amounts which for the purpose of the Convention, are to be taken as equivalent to the sums expressed in francs which are mentioned in the Article. The President of Zimbabwe may from time to time by proclamation in the Government Gazette, declare who are the High Contracting Parties to the Convention.
For carriers who are to Montreal Agreement 2. Special Agreement applicable to carriage to, from or with an agreed stopping place in the United States of America (see applicable US tariffs)
Special agreement

The Carrier shall avail itself to the limitation of liability provided in the convention. However, in accordance with Article 22(1) of the Convention the Carrier and certain other Carriers agree that as to all international carriage by such Carriers to which the Convention applies and which according to the Contract of Carriage includes a point in the United States of America as a point of origin, a point of destination or agreed stopping place-

(a) the limit of liability for each passenger for death, wounding or other bodily injury shall be the sum of $75 000inclusive of legal fees and costs except that, in case of a claim brought in a state where provision is made for separate award of legal fees and costs, the limit shall be the sum of $50 000.

(b) If the claim is formulated in a currency other than United States Dollars the exchange rate shall be the middle market closing rate on the day of judgement or settlement of the national bank of the country having jurisdiction pursuant to Article 28 of the Convention.

(c) such Carriers shall not, with respect to any claim arising out of the death, wounding or other bodily injury of a passenger, avail themselves of any defence under Article 20(1) of the Convention.

Nothing herein shall be deemed to affect the rights and liabilities of such Carriers with regard to any claim brought by, on behalf of, or in respect of any person who has wilfully caused damage which resulted in death, wounding or any other bodily injury of a passenger.

The names of carriers party to the agreement referred to in this paragraph are available at all ticket offices of such carriers and may be examined on request. Each of such carriers has entered into the said agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability on any other Carrier with respect to the portion of the carriage performed by such other Carrier or assumed any liability with respect to the portion of the carriage performed by such other carrier.

Special agreement to international carriage on Air Zimbabwe

3. Special agreement is applicable to international carriage on Air Zimbabwe service which is not carriage to, from or with agreed stopping place in the United States of America.

(a) Air Zimbabwe avails itself of the limitation of liability provided in the convention. However, in accordance with article XXII (2) of the Convention, Air Zimbabwe agrees that as a contract governed by the convention and performed on an Air Zimbabwe service for a journey which is not to, from or with an agreed stopping place in the United States of America the limit of liability for each passenger for death, wounding, or other bodily injury shall be US$ 58 000(or the appropriate currency equivalent) exclusive of legal fees and costs.

(b) If the claim is formulated in a currency other than United States Dollars the exchange rate shall be the middle market closing rate of the date of judgement or settlement of the national bank of the country having jurisdiction pursuant to Article XXVIII of the Convention.

(c) Air Zimbabwe shall not, with respect to any claim arising out of the death, wounding or other bodily injury of a passenger, avail itself of any defence under Article XX of the Convention.

Nothing herein shall be deemed to affect the rights and liabilities of Air Zimbabwe with regard to any claim brought by or on behalf of or in respect of any person who has wilfully caused damage which resulted in death, wounding or other bodily injury of a passenger.

For carriage which is not international

4. For carriage which is not international carriage to which the convention applies.

(a) If the Law of Zimbabwe is applicable, the liability of carrier is governed by the provisions of Carriage by Air Act (Chapter 256).

(b) If the Law of Zimbabwe is NOT applicable and unless the applicable Law otherwise requires, Carrier shall be liable for damage to a passenger or his checked baggage only if such damage has been caused by the negligence of Carrier.  If there has been contributory negligence on the part of the passenger, Carrier's liability shall be subject to the applicable law relating to contributory negligence.

5. To the extent not in conflict with the foregoing and whether or not the Convention applies:

(a) Carrier's is liable only for damage occurring on its own line.  A carrier issuing a ticket or checking baggage over the lines of another Carrier does so only as agent for such other Carrier.  Nevertheless, with respect to checked baggage the passenger shall also have a right of action against the first or last Carrier.

(b) Carrier is not liable for damage to unchecked baggage unless such damage is caused by the negligence of Carrier.  If there has been contributory negligence on the part of the passenger Carrier's liability shall be subject to the applicable law relating to contributory negligence.

(c) Carrier is not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the passenger to comply with the same.

(d) The liability of Carrier in the case of damage to checked baggage shall be limited to 250 Convention Francs or its equivalent per passenger unless in the case of checked baggage, a higher valuation is declared as provided in Article IX Paragraph 8.  In that event the liability of Carrier shall be limited to such higher declared value.

In the event of delivery to the passenger of part but not all of his checked baggage or in the event of damage to part but not all of such baggage, the liability of Carrier with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, notwithstanding the value of any part of the baggage or contents thereof.

Unweighed checked baggage is deemed to have a maximum weight of 20 kilograms per passenger and such weight shall be deemed to have been entered in the baggage check.  Where a "baggage piece concept" is applicable to carriage, such checked baggage shall be deemed to weight 30 kilograms in the case of a first class passenger and 20 kilograms in the case of all other passengers.

(e) Carrier's liability shall not exceed the amount of proved damages.  Carrier shall furthermore not be liable for indirect or consequential damages.

(f) Carrier is not liable for damage to a passenger's baggage caused by property contained in the passenger's baggage.  Any passenger whose property causes damage to another passenger's baggage or to the property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof.

(g) Carrier is not liable for damage to fragile or perishable articles, money, jewellery, silverware, negotiable papers, securities, or other valuables, business documents, or sample which are included in the passenger's checked baggage, whether with or without the knowledge of Carrier.

(h) If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself, Carrier shall not be liable for any illness, injury or disability including death, attributable to such condition or for the aggravation of such condition.

(i) On failure of Carrier, otherwise than in circumstances beyond the control of Carrier, or in the circumstances referred to in Article VIII, to provide space in the class of service for which a reservation has been duly made in accordance with Article VII Paragraph 1 and 6 thereof.  Carrier shall be liable for damages sustained by the passenger as the result of such failure; provided that Carrier's liability for such failure shall be limited to reimbursement of the reasonable expenses of the passenger for accommodation, meals, communications and ground transport to and from the airport, and to compensation for any other damages sustained by the passenger at a rate not exceeding US$50 per day or part thereof up to the time when Carrier is able to provide such space either on another of its own services or on the services of another carrier; provided further that in carriage on the domestic services of Air Zimbabwe, carrier shall be liable for such other damages as aforementioned, only if at the time when the contract of carriage was entered into, carrier knew or should have known that such other damages would be likely to result from such failure on its part.

Air Zimbabwe make every effort to provide seats for which reservations have been made but no absolute guarantee of seat availability is denoted by the expressions "reservations", "bookings", Status OK" and the timings attached to them.

(j) Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, servants and representatives.  The aggregate amount recoverable from Carrier and from such agents, servants, representatives and persons shall not exceed the amount of Carrier's limit of liability.

6. Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability or Carrier under the Convention or applicable law.

        


Article XVIII

TIME LIMITATION ON CLAIMS AND ACTIONS

Notice of claims  1. No action shall lie in the case of damage to baggage unless the person entitled to delivery complains to the Carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the  date of receipt; and in the case of delay, unless the complaint is made the latest within 21 days from the date on which the baggage has been placed at his disposal.  Every complaint must be made in writing and dispatched within the times aforesaid.
Limitation 2. Any right to damage shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.  The method of calculating the period of limitation shall be determined by the law of court seized on the case.