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Conditions of Contract & Passenger Notices

Conditions of Contract & Passenger Notices

Notice

If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention or the Montreal Convention may be applicable and these Conventions govern and in certain circumstances limit the liability of carriers for death or personal injury and in respect of loss of or damage to baggage, and for delay. See also notices headed "Advice to International Passengers on Limitation of Liability" and "Notice of Baggage Liability Limitations".

Conditions of Contract

1: As used in this contract:

  • [a] "carriage" is equivalent to transportation;
  • [b] "carrier" means all air carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage;
  • [c] "electronic ticket" means an electronic entry/coupon stored in a reservations system [and, where applicable the reservations system of one or more other carriers] recording a flight booking for which the carrier or its authorized agent has issued an eTicket receipt/itinerary and of which these conditions and all of the notices contained herein form part;
  • [d] "Montreal Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Montreal, 28 May 1999;
  • [e] "SDR" means the composite unit of currency known as the Special Drawing Right that is the official unit of exchange of the International Monetary Fund;
  • [f] "ticket" means this passenger ticket and baggage check, of which these conditions and the notices form part; and
  • [g] "Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12 October 1929, or that Convention as amended at The Hague, 28 September 1955, whichever may be applicable.

2: Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not "international carriage" as defined by one of those Conventions.

3: To the extent not in conflict with the foregoing conditions, carriage and other services performed by each carrier are subject to: [a] provisions contained in the ticket or electronic ticket, [b] applicable tariffs, [c] carrier's conditions of carriage and related regulations which are made part hereof [and are available on application at the offices of the carrier], except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.

4: Carrier's name may be abbreviated in the ticket or electronic ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket or electronic ticket; the agreed stopping places are those places set forth in the ticket or electronic ticket or as shown in carriers timetables as scheduled stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.

5: An air carrier issuing a ticket or electronic ticket for carriage over the lines of another air carrier does so only as its agent.

6: Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of its agents, servants and representatives of carrier and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.

7: Checked baggage will be delivered to the bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within 7 days from receipt, in case of delay, complaint must be made within 21 days from the date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation.

8: The ticket or electronic ticket is good for carriage for one year from date of issue, except as otherwise provided in the ticket or electronic ticket, in carrier's tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.

9: Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetable or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket or electronic ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.

10: Passenger shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.

11: No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.

12: Carrier reserves the right to refuse carriage to any person who has acquired a ticket or electronic ticket in violation of applicable law or carrier's tariffs, rules or regulations.

13: For the purposes only of the requirements of the Warsaw Convention and the Montreal Convention, an eTicket receipt/itinerary is deemed to serve as a passenger ticket and a baggage check/document of carriage.

Advice to International Passengers on Limitation of Liability

Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Montreal Convention or the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination.

Where the Montreal Convention is applicable, the carrier is liable for proven damages for death or personal injury, and certain defenses to liability specified by that Convention will be inapplicable for damages not exceeding the national currency equivalent of 100,000 SDR.

Where the Montreal Convention is not applicable, the conditions of carriage of many carriers, provide that their liability for death or bodily injury will not be subject to any financial limit defined by the Warsaw Convention and that, in respect of such damage up to a maximum of the national currency equivalent of 100,000 SDR, any defense to liability based on proof that they have taken all necessary measures to avoid the damage or that it was impossible for such measures to be taken, shall not apply.

Where no such provisions are included in a carrier's condition of carriage please note that: [i] for such passengers on a journey to, from, or with an agreed stopping place in the United States of America, the Warsaw Convention and special contracts of carriage embodied in applicable tariffs provided that the liability of certain carriers, parties to such special contracts, for death of or personal injury to passengers is limited in most cases to proven damages not to exceed U.S. $75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part of the carrier. The limit of liability of U.S. $75,000 above is inclusive of legal fees and costs except that in the 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 U.S. $58,000 exclusive of legal fees and costs; and [ii] for such passengers traveling by a carrier not a party to such special contracts or on a journey to which the Warsaw Convention applies which is not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for death or personal injury to passengers is limited in most cases to approximately U.S. $10,000 or U.S. $20,000.

The names of carriers, parties to such special contracts, are available at all ticket offices of such carriers and may be examined on request.

Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under the Montreal Convention or Warsaw Convention or such special contracts of carriage. For further information please consult your airline insurance company representative.

Notice of Incorporated Terms

1: As used in this notice "Conditions" means a carrier's individual terms and conditions of carriage and related rules, regulations and/or policies, as well as any applicable tariffs in force in the USA or Canada or elsewhere.

2: Your contract of carriage with the carrier providing you with carriage by air, whether international, domestic or a domestic portion of an international journey, is subject to the eTicket receipt/itinerary provisions and to the carrier's Conditions.

3: If your carriage is by more than one carrier, different Conditions may apply for each carrier.

4: The Conditions of each carrier involved in your contract of carriage are, by this notice, incorporated by reference into and made part of your contract of carriage.

5: The Conditions may include, but are not restricted to:

  • [a] Rules and limits on the carrier's liability for the personal injury or death of passengers;
  • [b] Rules and limits on the carrier's liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods;
  • [c] Rules for declaring a higher value for baggage together with payment of an additional charge;
  • [d] Application of the carrier's Conditions and limits of liability to the acts of the carrier's agents, servants and representatives, including any person providing either equipment or services to the carrier;
  • [e] Claims restrictions, including time limits by which passengers must file a claim or bring an action against the carrier;
  • [f] Rules on reconfirmation of reservations, check in times, the use and duration of tickets or electronic tickets, and the carrier's right to refuse carriage in certain circumstances;
  • [g] Rights of the carrier and limits on the carrier's liability for delay or failure to perform a service, including schedule changes, cancelation, substitution of alternative carriers or aircraft and re-routing; and
  • [h] Your obligation to obtain all necessary travel documents such as a passport and visa.

6: You can obtain more information about the items specified in paragraph 5 above at any U.S. location where the transporting carrier sells tickets. You have the right to inspect the full text of each transporting carrier's Conditions at its airport and city ticket offices and, on request, to receive the full text of the applicable Conditions from each transporting carrier free of charge. You can obtain information on ordering the text of applicable Conditions at any U.S. location where the carrier sells tickets. Some carriers also reproduce their conditions of carriage on their web sites.

Notice of Government Imposed Taxes, Fees and Charges

The price of the ticket or electronic ticket may include taxes, fees and charges which are imposed on air transportation by government authorities. These taxes, fees and charges, which may represent a significant portion of the cost of air travel, are either included in the fare, or shown separately in the "TAX/FEE/CHARGE" box[es]/section of the Ticket or eTicket receipt/itinerary. You may also be required to pay taxes, fees and charges not already collected. The "TAX/FEE/CHARGE" box[es]/section may also show other charges separate from the fare which are not government imposed taxes, but are levied by carrier as a result of the imposition by a third party of charges of a type or in an amount not normally applicable to carriers operations [such as exceptional circumstances increases in fuel, security or insurance costs].

Check-in Times

The times shown on this ticket or itinerary/receipt if applicable are the departure times of the aircraft. Check-in times, as advised by your carrier, or in the airline's timetable, are the latest times at which passengers can be accepted for travel, allowing the necessary time to complete all formalities. Flights cannot be held up for passengers arriving late, and no responsibility can be accepted in such cases.

Dangerous Articles in Baggage

For safety reasons, dangerous articles must not be packed in checked or carry-on baggage. Restricted articles include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with installed alarm devices.


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