Terms & Conditions:
BOOKING IMPLIES THAT YOU HAVE READ,
UNDERSTOOD AND AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF CARRIAGE AND
AGREE TO COMPLY WITH ALL APPLICABLE
LAWS, RULES AND REGULATIONS. FOR THE
AVOIDANCE OF DOUBT, NO EMPLOYEE,
REPRESENTATIVE OR AGENT HAS THE
AUTHORITY TO ALTER, MODIFY OR WAIVE ANY
OF THESE CONDITIONS. NO CORRESPONDENCE
WILL BE ENTERED INTO PERTAINING TO THE
TERMS AND CONDITIONS OF CARRIAGE. ALL
FLIGHTS ARE SUBJECT TO THE APPROVAL OF
THE UK AND APPROPRIATE FOREIGN
GOVERNMENT BODIES.
We are based on a "low fares" operation.
This means that we will give you the
best and most competitive fares on the
routes which we fly and we do this by
eliminating all unnecessary costs and by
keeping the administration of bookings
as simple as possible.
Changes to Flight Schedules
We reserve the right to amend, introduce
stops, cancel or consolidate flights as
necessary to achieve the high load
factors required to maintain
profitability whilst offering low fares.
Whilst we will try to avoid making
changes, we will of course notify you of
any material change where it is
practical to do so. SATA will monitor
flight activity and notify you if there
has been any changes in the flight
schedules, and arrange rescheduling if
necessary. Passengers are advised that it
is a condition of carriage that they
have in place their own policy of travel
insurance sufficient to cover any
potential loss or damage arising from
the flight.
Onboard Conduct
Smoking on all flights is strictly
prohibited. The Captain of the aircraft
retains absolute discretion to (as
appropriate) refuse to allow a passenger
to board, or deal with passengers on
board whom he believes are misbehaving,
acting disruptively, or otherwise
endangering or inconveniencing other
passengers or members of flight or cabin
crew. Passengers falling foul of this
provision shall be liable to indemnify
us in full against any liability or loss
we may suffer as a result. We reserve
the right to refuse alcoholic beverages
to passengers at it's absolute
discretion.
|
Check-in times |
Check in
desk opens |
Check in
desk closes |
Recommended
Latest Check in |
Departure
Gate
closes |
| European
Flights |
2 hours |
40
minutes |
1 hour |
15 minutes |
| Flights outwith
Europe |
3
hours |
1
hour |
2 hours |
40 minutes |
The table above shows the actual opening
and closing times prior to the scheduled
flight departure time.
We regret no passenger can check in
after the desk closure deadline has
passed and therefore they will not be
permitted to travel or be entitled to a
refund, credit or transfer. In any
event, we recommend you check-in no
later than the recommended time shown
above. We regret that passengers who do
not make themselves available to board
the aircraft before the departure gate
closes will not be permitted to travel
nor will they be entitled to a refund,
credit or free transfer.
Identification for check-in and travel
As we have eliminated tickets, you must
be at least in possession of your
confirmation number (the reference given
at the time of booking).
In addition, it is the passengers
responsibility to ensure that they can
meet the immigration requirements of the
destination country. For example
passengers may require visas, a return
ticket and proof that they can
financially support themselves for the
duration of their stay. Great care
should be taken to comply with the above
as the financial penalties associated
with refusal of entry by the immigration
authorities are severe.
"Refusal
of Entry -
If you are denied entry into any
country, you will be responsible to pay
any fine or charge assessed against us
by the Government concerned and for the
cost of transporting you from that
country. The fare collected for carriage
to the point of refusal or denied entry
will not be refunded by us."
INTERNATIONAL FLIGHTS
Adult Passengers
# A valid passport
# A valid Government issued National
Identity Card issued by a European
Economic Area (EEA) country is also
acceptable for carriage between EEA
countries. EEA countries include:
Austria, Belgium, Finland, France,
Germany, Greece, Cyprus, Czech Republic,
Estonia, Hungary, Italy, Liechtenstein,
Lithuania, Luxembourg, Netherlands,
Malta, Poland, Portugal, Slovakia,
Slovenia, Spain, Switzerland.
# Important Information for Greek
Passport Holders. From the 1st January
2007, all Greek passports issued prior
to the 1st January 2006 will be no
longer valid, regardless of their date
of expiry. In addition any Greek
passports which are not machine-readable
and/or do not have an integrated
biometric chip are no longer valid.
Flyglobespan recommends that all Greek
Nationals who do not hold a
machine-readable passport with a
biometric chip issued on or after the
1st January 2006, contact their nearest
Greek Embassy for further advice. A
Greek National Identity Card shall
continue to be accepted for travel
within the EU. However any Greek
National intending to travel out with
the EU, will require a machine-readable
passport with a biometric chip issued on
or after the 1st January 2006.
Child/Infant Passengers
# Valid passport
# Children who are under 16 years
(including infants) who do not have
their own passport can only travel if
accompanied by the parent on whose
passport they appear All British
passport holders, including children,
traveling to the USA under the Visa
Waiver Program will need their own
machine-readable passport. For full
details please Check with the UK
Passport service.
# In some instances children of 18 years
or under, traveling without their
parents may require written consent from
their parents to travel.
IMPORTANT REQUIREMENTS FOR VISITORS TO
THE UNITED STATES OF AMERICA
# All adults, children and infants must
be in possession of their own valid
British Citizens machine-readable
Passport valid for the duration of stay
in the United States in order to
participate in the US Visa Waiver
Program which allows British Citizens
to enter America without requiring a
visa. (obtained at the airport on
departure)
The above plus other useful information
is available on the the
US web site.
# If not then a US visa may be required
and you should contact the US Embassy in
London on 09055 44 45 46. Anyone who has
ever been arrested or convicted of any
offence including some driving offences,
has previously overstayed on the Visa
Waiver Program or has had any other
immigration problems must contact the US
Embassy on 09055 44 45 46 about
obtaining a visa.
# Application for a visa can be a
lengthy process and an application may
be refused so application should be made
before booking. Anyone refused boarding
or entry to the United States for
failing to obtain a visa when required
to do so will be liable for any
additional flight or other costs
incurred as a result of any such
refusal.
The Visa Waiver Program (VWP)
The VWP allows the citizens of certain
countries to travel to the USA without
having to obtain a visa prior to travel.
The nationalities currently entitled to
use the VWP are as follows:
Andorra, Australia, Austria, Belgium,
Brunei, Denmark, Finland, France,
Germany, Iceland, Ireland, Italy, Japan,
Liechtenstein, Luxembourg, Monaco,
Netherlands, New Zealand, Norway,
Portugal, San Marino, Singapore,
Slovenia, Spain, Sweden, Switzerland &
UK
Nationals of these countries must hold a
Machine Readable Passport (MRP) in order
to travel under the VWP. Holders of
non-MRP passports must obtain a USA visa
prior to traveling to the USA.
Other requirements if traveling on the
VWP are:
Traveling for business, pleasure or
transit only, and
Staying in the USA for less than 90
days, and
Hold a confirmed return ticket or an
e-ticket receipt confirmation and
Present a completed I-94W form to the
authorities on arrival in the USA.
(These forms can be obtained at check-in
or on-board the aircraft.)
For up to date information and full
details please check with the
US Bureau
of Consular Affairs.
IMPORTANT INFORMATION FOR VISITORS TO
CANADA
British and Irish Citizen passport
holders do not normally require visas to
enter Canada, however British Subjects
will require a visa to enter Canada. All
other passengers should check with the
Embassies of Canada in London or Dublin,
if in doubt. All children under 16 years
not already included on a passport
require their own passports (Ireland, 16
and over)
In addition it is the passengers
responsibility to ensure that they can
meet the immigration requirements of the
destination country. For example
passengers may require a visa, a return
ticket and proof that they can
financially support themselves for the
duration of their stay. For further
information on entry requirements into
Canada please refer to the Canadian High
Commission website. Great care should be
taken to comply with the above as the
financial penalties associated with
refusal of entry by the immigration
authorities are severe click here for
more information.
Advance Passenger Information. (API)
In order to ensure that your check-in at
the airport is as smooth as possible and
to avoid any additional queues, you are
strongly advised to have the following
information for all passengers
traveling (excluding infants) ready for
inspection. Specifically, there is a
requirement for all passengers to
provide their country of residence and
(for non-US residents) details of their
full destination address (street name
and number, city, zip code and state) for
the first night's accommodation in the
US. It is important that this
information is accurate so that you do
not have any delays when you pass
through Immigration on arrival.
Passengers traveling to the US continue
to require a machine-readable passport
or valid visa. This is a US Government
regulation that requires all airlines to
transmit additional information about
passengers prior to the departure of
flights to the United States.
PLEASE NOTE: We reserve the right to
refuse travel if the passport/ID
presented is not considered in a
suitable condition or shows signs of
being tampered with.
Failure to produce as appropriate, valid
passports, National Identity Cards, or
photo identification matching the names
on your reservation will result in you
being refused check-in and no refunds
will be made if this happens. We reserve
the right to refuse carriage to any
passenger whose documents do not appear
to be in order and no refunds will be
made if this happens.
Pre-bookable Seating and Extra Leg-room
Seats
Unlike most other airlines, our policy
is to assign specific seat numbers at
the time of seat selection as we feel
this best meets our customers
requirements. Unfortunately the seating
plans which are available many months in
advance, occasionally have to be changed
prior to flight departure for
operational reasons. When this happens
it does mean that seat numbers allocated
may have to be changed.
If this occurs we will endeavour to
assign comparable seats, notifying you
in advance if possible. If the seat
numbers assigned to you are not
available at the airport for any reason,
then a refund will only be made if the
new seats assigned are not comparable to
the original. In this instance, a refund
will only be made upon receipt of your
boarding passes. Seats which afford
extra legroom i.e. emergency
exit/bulkhead seats can be assigned if
available, however, these seats will not
be guaranteed in the event of an
aircraft or routing change.
Passengers under the age of 16 or who
have special needs or reduced or limited
mobility are not permitted in exit
seats. Passengers who occupy exit seats
must be able and willing to operate the
emergency exit.
We cannot make special arrangements for
passengers who have special seating
requirements. Our seat pitch is the same
as most other similar airlines,
therefore passengers who normally
experience difficulty due to their size
should consider whether or not our
service is suitable to their needs. In
the event that a decision is made to
obtain more space by purchasing two
seats, the booking must be made by
telephone so that we can ensure that the
seats allocated are adjoining.
Flyglobespan baggage policy
The maximum baggage weights per
passenger for all flyglobespan flights
are displayed in the following table.
For further information please see the
relevant section underneath. Any excess
baggage required can be purchased below,
up to the maximum combined weight of
50kg.
| |
Checked-in
baggage |
Combined Checked-in
&
Excess baggage |
|
Europe &
Egypt |
max 20kg |
max 50kg |
|
Transatlantic
Economy Class |
max 25kg |
max
50kg |
|
Transatlantic
Business Class |
max 40kg |
max 50kg |
Cabin baggage
Flyglobespan passengers are entitled to
take ONE bag on board. There is no cost
for this and the bag must be no larger
than 55cm x 45cm x 20cm. Whilst there is
no weight restriction (within the 20kg
allowance), passengers must be able to
put their own bag in the overhead
lockers without assistance.
Cabin baggage may not contain any
liquids of greater volume than 100ml or
any sharp objects.
Checked-in baggage
From 1 March 2008 flyglobespan will
introduce a small charge for baggage to
be checked in on all European flights
plus flights from Europe to Egypt only*.
Passengers prepaying this via the
website will be charged £3.89 / €5.64
per bag each way, whilst passengers
opting to pay at the airport will be
charged £7.89 / €11.44 per bag each way
and will have to pay this charge at the
ticket desk before check in.
* This charge will be subject to review
and flyglobespan reserves the right to
increase this charge without prior
notice. Passengers booking flights prior
to 21 January 2008 will not be charged.
Excess baggage
Additional baggage allowance can be
purchased in advance up to a maximum of 50
kilos. No piece of luggage may weight
more than 32 kilos. Please arrange this
with one of the Scots-American travel
advisors.
A confirmation will be sent to you by
email. You MUST take this with you when
you travel. If this confirmation is not
presented at check-in, your excess
baggage will be charged at £5 / €7 / $9
/ CAD$10 per kilo at the airport.
Freight or cargo items cannot be
accepted as passenger baggage.
Carriage of Diving Equipment
The following diving equipment can be
carried as part of your free baggage
allowance, subject to the weight of any
single item of baggage not exceeding
32kgs (70lbs) total weight. Additional
baggage allowance can be purchased in
advance for 10 kilos per flight sector.
Please arrange this with one of the
Scots-American travel advisors. Excess baggage presented for carriage at
the airport if accepted will be charged
at a rate of £5 / €7 / $9 / CAD$10 per
kilo.
One suitably packed diving kit
consisting of not more than one each of
the following items:
# face mask
# fins (pair)
# harness
# knife
# pressure gauge
# regulator
# safety vest
# snorkel tanks
# weight belt
Note: Cylinders/Tanks must be empty for
carriage. Air/Oxygen Cylinders (TANKS)
and knives must be carried in your
checked-in baggage.
Pushchairs, Buggies, and Travel Cots
Pushchairs, buggies, and travel cots can
be taken right up to the aircraft steps
and\or door, where they will be taken by
cabin crew and stored in the hold.
Alternatively, these items may be
checked in with your baggage, should you
wish to do so. Full size,
non-collapsible prams cannot be accepted
for travel. Pushchairs, prams and travel
cots do not form part of the baggage
allowance and therefore no fee will be
charged.
Prices shown above are in GBP (£
sterling). Out with the UK they will be
applied at the equivalent rate in local
currency.
Sporting Equipment
Due to strict weight regulations, we are
limited to the amount and type of sports
equipment we can carry on each flight.
The carriage of such equipment must be
booked in advance. click here to book. A
confirmation will be sent to you by
email. You MUST take this with you when
you travel. If this confirmation is not
presented at check-in, payment for the
items will have to be made again.
Sporting equipment is carried on a
limited release basis, i.e. entirely at
your own risk for loss, damage or delay.
IMPORTANT
Sporting equipment will be carried
subject to load and as such we cannot
guarantee space on the flight on which
you are booked for such items. In the
unlikely event that space is not
available, the equipment will be sent on
the next flight with available space.
Passengers CANNOT turn up at the airport
with any type of sports equipment which
has not been pre-booked.
Charges for items permitted for carriage
Bicycles - £15 per flight sector
Bicycles must be wrapped in stiff
cardboard with the pedals off and
the handlebars turned in line with the
frame
Golf Clubs - £15 per flight sector
Snowboards - £15 per flight sector
Bowls - £15 per flight sector
Skis - £15 per flight sector
Body Boards - £15 per flight sector
The maximum weight allowed for any one
piece of sporting equipment is 16 kilos.
Excess baggage charges of £5 per kilo
payable at the airport will apply to any
sporting equipment exceeding the weights
stipulated.
Prices shown above are in GBP (£
sterling). Out with the UK they will be
applied at the equivalent rate in local
currency.
Prohibited Items
To ensure your safety, any items which
in our reasonable opinion could be used
to endanger the Aircraft, the Crew or
any of its passengers are prohibited
from being taken into the cabin as hand
luggage. Dangerous articles (e.g.
explosives, compressed gases, flammable
liquids and solids, radioactive
materials, corrosives, oxidising
materials, poisons and infectious
substances) must not be carried in
baggage.
Loss/Damage to Baggage
You are advised to take out travel
insurance to cover loss, damage or delay
to baggage. We will not be liable for
damage to unchecked baggage unless such
damage is caused by the negligence of
the airline.
Except in the case of an act or omission
done with intent to cause damage or
recklessly and with knowledge that
damage would probably result, our
liability in the case of damage to
baggage shall be limited to 1,000
Special Drawing Rights per Passenger in
respect of checked and unchecked
baggage, provided that if in accordance
with applicable law different limits of
liability are applicable such different
limits shall apply. If the weight of
your checked baggage is not recorded on
the baggage check, it is presumed that
the total weight of the checked baggage
does not exceed the applicable free
baggage allowance for the class of
carriage concerned. Outsize baggage,
sporting equipment, folding
pushchairs/buggy, travel cots etc are
only carried on a limited release basis,
i.e. entirely at your own risk for loss,
damage or delay.
If, in the case of checked baggage, a
higher value is declared in writing
before travel in accordance with our
applicable regulations, our liability
shall be limited (subject to the Warsaw
Convention or Montreal Convention) to
such higher declared value to a maximum
limit of £1,500 (or local currency
equivalent) provided that a premium has
been paid to us in advance in respect of
the checked baggage at the rate of £0.50
(or local currency equivalent) per each
£50 (or local currency equivalent) (or
part thereof) in excess of the limits of
liability specified above.
We will not accept responsibility for
perishable, damaged or fragile baggage
or for minor damage to the exterior of
baggage (eg stains soiling, dents or
scratches) resulting from general wear
and tear or water damage to
non-waterproof baggage, protruding parts
such as wheels, straps, pull handles, or
other items which are attached to your
baggage or items lost as a result of
badly packed baggage. We are not liable
for any damage caused by your baggage.
You shall be responsible for any damage
caused by your baggage to other persons
or property, including our property.
We shall have no liability whatsoever
for damage to articles not permitted to
be contained in checked baggage under
Article 7, including, but not limited,
fragile or perishable items, valuable
items (including, but not limited to,
items having a special value, such as
money, jewelry, precious metals,
computers, personal electronic devices,
bottled alcohol, cigarettes, high value
new cosmetics and perfumes and other
highly desirable items), any medication
or medical equipment which may be
required in-flight or during your trip
or which cannot be swiftly replaced if
lost or damaged, house or car keys,
valuable documents (including, but not
limited to, business documents,
passports and other identification
documents, negotiable papers,
securities, deeds) or samples.
If you experience any loss or damage to
baggage, you should in the first
instance advise the ground handling
staff at your arrival airport. Please
note that we will not accept liability
for valuable items (e.g. jewelry,
laptops, cash, electrical equipment,
documents). No damages shall be
recoverable for lost or damaged luggage
unless you complain immediately after
the discovery of the loss or damage and
at the latest within 7 days from the
date of receipt, or in the case of
delay, within 21 days from the date you
received the baggage.
Children
We do not allow unaccompanied children
under the age of 16 years to travel.
Infants under the age of 2 years (on the
date of departure of the flight
concerned) may fly on payment of the
relevant Airport taxes and fees per
single journey provided they sit on the
knee of a paying adult who has
responsibility for that infant. As such,
two infants could only travel with two
adults who are responsible for their
welfare etc. For children older than 2
years, the price of flights is the same
as for adults. Please note that
baby/child car seats are allowed on
board the aircraft, ONLY if a seat has
been purchased for the infant. All other
baby/child seats will be carried as
checked-in baggage but, will NOT be
included as part of your allowance ie.
carried free of charge.
A charge may be made locally for hire of
cots and other charges (i.e. Infant's
food consumption).
Children under the age of 18 traveling
from France or Spain holding an ID card
must have a completed parental
authorization form to leave their
country of nationality. (forms can be
obtained from the local town hall or
police station and must be completed by
the parents or guardian and carried at
all times whilst traveling). However if
they are in possession of a valid
passport this form is not required.
Special conditions may apply to children
traveling other than with their parents
for example children traveling to /
from South Africa under the age of 18
years must hold written consent from
their parents when traveling alone.
Under Portuguese Law, anyone under the
age of 18 traveling to or from Portugal
should be accompanied by their parent or
guardian. If they are traveling
unaccompanied, then a letter of
authority from the parent or guardian
needs to be presented to the Portuguese
immigration authorities. If in doubt you
must check with the appropriate embassy.
Changes to bookings
Name changes on a round trip booking can
only be changed on a round trip basis.
Names on a one way booking may also be
changed. Name change can be made any
time up to 5pm 2 days prior to the
schedule departure of the outbound
flight. Please contact SATA's office to
arrange this.
Travel dates can be changed up to 7 days
prior to departure of the said flight
and may be amended to any other date
currently on sale. Outbound and inbound
sectors can only be changed once. Any
increase in airfare will be levied. No
refund will be made if the airfare is
lower. Contact SATA to make changes that must be made.
Europe Flights/Packages Flights/Packages
outwith Europe
Date changes £19 £35
Name changes online £19 £35
Name changes by phone £24 £40
Fees shown are per person per sector.
Prices shown above are in GBP (£
sterling). Out with the UK they will be
applied at the equivalent rate in local
currency.
Cancellations and refunds
Cancellation charge is a
percentage of total price: any insurance
premium paid is also forfeited on
cancellation. Any amendment fees
previously charged do not form part of
the price paid and as such will be
retained by the company in the event of
cancellation. Any refund due includes
any Air Passenger Duty paid.
Cancellation by the passenger:
Period before scheduled departure within
which cancellation made Europe
Flight Only All Packages plus flight
only outwith Europe Extra
Baggage/Sporting Equipment / Transfer
Bookings
More than 70 Days 80% Deposit Only 100%
70 - 56 Days 80% 80% 100%
55 - 15 days 80% 80% 100%
14 days - 12 noon day before departure
90% 90% 100%
After 12 noon day before departure 100%
100% 100%
If we have to cancel a flight
If we have to cancel a flight for any
reason, and no suitable alternative
flight is available, then we will upon
application refund all monies paid in
respect of the cancelled flight. Such
refund shall be made to the individuals
who paid for each seat. Requests for
refunds should in the first instance be
made by phoning one of the SATA
representatives.
Flight No Shows
If you don’t cancel your flight prior to
departure but require a written
confirmation that you did not travel for
insurance purposes, a £15 fee per
booking will apply.
Expectant mothers
Expectant mothers may travel up to and
including the 27th week of their
pregnancy. They may also travel between
the 28th and 35th week with a doctor’s
medical certificate confirming that they
are fit to fly and that any return
sector is completed within the period.
Pregnant persons are not acceptable for
travel on or after the 36th week of
pregnancy.
Wheelchair Users or Passengers with
Special Needs or Medical Conditions
For safety reasons the number of
passengers with restricted mobility
carried on each flight is limited and is
subject to numbers. Please discuss this
with your SATA representative if this
matter is needs to be considered.
If after discussion it is agreed that we
are able to meet your requirements we
will record the type and level of
assistance required, for use by our
airport Check-In staff and aircraft
Cabin Crew.
We would caution any passengers with
special needs requirements against
leaving notice of their needs until they
arrive at the airport as there is no
guarantee that we will in anyway be able
to comply with their
requests/requirements. It will in all
probability be impossible for the
check-in staff to assist them and they
will have to seek assistance or advice
from our Ground Handling Agents.
Should you have special needs and
require the presence of a care
assistant, then please ensure that you
arrange for one to travel with you.
There shall be a maximum of two special
needs passengers per care assistant. The
care assistant will need to comply with
the same obligations as all other
passengers.
Wheelchairs and mobility aids that weigh
60kgs or less (excluding battery), with
no single piece weighing more than 32kgs
can be accepted for travel. Wheelchairs
and mobility aids that weigh more than
60kgs (excluding battery), may be
accepted for travel only on condition
that the wheelchair can be accommodated
in the hold of the aircraft. Detailed
information will be required on the size
and weight of each section of the
wheelchair before a decision can be
made. Every effort will be made to
accommodate such wheelchairs within the
general policies of the Company as laid
out herewith.
Wheelchairs are carried on a limited
release basis, i.e. entirely at your own
risk for loss, damage or delay; we
strongly recommend passengers obtain
adequate travel insurance to cover them
in such circumstances.
Wheelchairs that are powered by
(dry-cell) sealed, non-spillable types
of battery are also acceptable for
carriage. Wheelchairs meeting our
criteria will be carried free of charge
in addition to the passengers normal
baggage allowance. We will not carry
wheelchairs with (wet-cell) un-sealed,
spillable batteries.
Onward flights
Only flights that are published as
connecting and are promoted as a through
service can be guaranteed, otherwise, if
your journey involves more than one
flight, you will need to retrieve and
then check-in your luggage separately
for each flight. You should allow at
least 90 minutes between flights. No
refunds or compensation can be paid in
respect of missed flight connections.
Code Share
Some flights may be operated on behalf
of flyglobespan by another carrier,
under a code share agreement. These
flights will operate under a
flyglobespan flight number.
Translations
Whilst we take every care in the quality
of the translation of its terms and
conditions and any other information
provided on our website the English
language version will prevail in case of
any or all discrepancies.
Complaints
All complaints must be made in writing
within 30 days of your return to:
Scots-American Travel Advisors. Please quote
your booking reference number
e.g.123456/SE7, lead passenger name,
departure date (dd/mm/yy) and flight
route, i.e. Glasgow / Palma. We cannot
enter into any correspondence without
this information. All communication must
be in English and all replies will be in
English.
FORM OF NOTICE REQUIRED BY EC REGULATION
889/2002 - APPLICABLE TO EU CARRIERS
ONLY
The text of this summary is taken from
EC Regulation 889/2002 and is given to
you pursuant to the requirements of that
Regulation. Please note that Regulation
889/2002 provides that this summary
cannot be used as a basis for a claim
for compensation, or as a basis to
interpret the provisions of that
Regulation or the Montreal Convention.
Air carrier liability for passengers and
their baggage
This information notice summarizes the
liability rules applied by Community air
carriers as required by Community
legislation and the Montreal Convention.
Compensation in the case of death or
injury
There are no financial limits to the
liability for passenger injury or death.
For damages up to 100,000 SDRs
(approximate amount in local currency)
the air carrier cannot contest claims
for compensation. Above that amount, the
air carrier can defend itself against a
claim by proving that it was not
negligent or otherwise at fault.
Advance payments
If a passenger is killed or injured, the
air carrier must make an advance
payment, to cover immediate economic
needs, within 15 days from the
identification of the person entitled to
compensation. In the event of death,
this advance payment shall not be less
than 16,000 SDRs (approximate amount in
local currency).
Passenger delays
In case of passenger delay, the air
carrier is liable for damage unless it
took all reasonable measures to avoid
the damage or it was impossible to take
such measures. The liability for
passenger delay is limited to 4,150 SDRs
(approximately amount in local
currency).
Baggage delays
In case of baggage delay, the air
carrier is liable for damage unless it
took all reasonable measures to avoid
the damage or it was impossible to take
such measures. The liability for baggage
delay is limited to 1,000 SDRs
(approximate amount in local currency).
Destruction, loss or damage to baggage
The air carrier is liable for
destruction, loss or damage to baggage
up to 1,000 SDRs (approximate amount in
local currency). In the case of checked
baggage, it is liable even if not at
fault, unless the baggage was defective.
In the case of unchecked baggage, the
carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher
liability limit by making a special
declaration at the latest at check-in
and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost
or destroyed, the passenger must write
and complain to the air carrier as soon
as possible. In the case of damage to
checked baggage, the passenger must
write and complain within seven days,
and in the case of delay within 21 days,
in both cases from the date on which the
baggage was placed at the passenger's
disposal.
Liability of contracting and actual
carriers
If the air carrier actually performing
the flight is not the same as the
contracting air carrier, the passenger
has the right to address a complaint or
to make a claim for damages against
either. If the name or code of an air
carrier is indicated on the ticket, that
air carrier is the contracting air
carrier.
Time limit for action
Any action in court to claim damages
must be brought within two years from
the date of arrival of the aircraft, or
from the date on which the aircraft
ought to have arrived.
Basis for the information
The basis for the rules described above
is the Montreal Convention of 28 May
1999, which is implemented in the
Community by Regulation (EC) No 2027/97
(as amended by Regulation (EC) No
889/2002) and national legislation of
the Member States.
TERMS AND CONDITIONS OF CARRIAGE
All carriage is offered by us in
accordance with the conditions of
carriage as set out below. Where flights
are operated by an alternative air
carrier as nominated by us - carriage on
such flights are subject to the general
terms and conditions of carriage of the
alternative carrier.
With effect from 31 March 2005 please
note that certain flights may be
operated on behalf of us by other
carriers under our Airline Designator
Code by way of sub-service. These
flights are exempt from UK ATOL
Regulations.
ARTICLE I: DEFINITIONS
Agreed Stopping Places means those
places, except the place of departure
and the place of destination, set forth
in the ticket or shown in Carrier's
timetables as scheduled stopping places
on the passenger's route.
Baggage means such articles, effects and
other personal property of a passenger
as are necessary or appropriate for his
or her wear, use, comfort or convenience
in connection with the trip. Unless
otherwise specified, it includes both
checked and unchecked baggage of the
passenger.
Baggage Check means those portions of
the ticket which relate to the carriage
of the passenger's checked baggage.
Baggage Identification Tag means a
document issued by Carrier solely for
identification of checked baggage.
Boarding Pass means a document issued by
Carrier at the check in desk upon being
satisfied that a passenger accords with
the Confirmation Number the passenger
presents.
Carrier includes the air carrier issuing
the ticket and all air carriers that
carry or undertake to carry the
passenger and/or his or her baggage
there under.
Conditions of carriage includes the
conditions of carriage of the Air
Carrier issuing the ticket and all Air
Carriers that carry or undertake to
carry the passenger and/or his or her
baggage there under.
Checked Baggage means baggage which
Carrier takes sole custody and for which
Carrier has used a baggage check.
Confirmation Number means the number the
passenger is given by the Carrier to
identify each flight reservation made by
the passenger which is confirmed by the
Carrier
Damage includes, death, injury, delay,
loss, partial loss or other damage of
whatsoever nature arising out of or in
connection with carriage or other
services performed by Carrier incidental
thereto. Additionally it means damage
occasioned by delay in the carriage of
passengers or baggage.
Days means calendar days, including all
seven days of the week; provided that,
for the purpose of notification, the day
upon which notice is dispatched shall
not be counted; and that for purposes of
determining duration of validity the day
upon which the ticket is issued or the
flight commenced, shall not be counted.
Flight means a journey by aircraft or by
other means of transportation including
surface transportation.
Important Notes means rules, other than
these Conditions, published by Carrier
and in effect on date of ticket issue,
governing carriage of passengers and/or
baggage and shall include applicable
tariffs in force.
Passenger means any person, except
members of the crew, carried or to be
carried in an aircraft or other means of
transportation including surface
transportation with the consent of
Carrier.
Special Drawing Rights are an
international unit of account based upon
the values of several leading
currencies. The currency values of the
Special Drawing right fluctuate and are
re-calculated each banking day. These
values are known to most commercial
banks and are reported regularly in
leading financial journals.
Stopover means a deliberate interruption
of the journey by the passenger at a
point between the place of departure and
the place of destination, which has been
agreed to in advance by the Carrier.
Ticket means the confirmation of flight
details (including the Confirmation
Number) together with conditions of
contract and important notices issued by
us or on our behalf (whether in the form
of a Confirmation Letter, or Account
and the Boarding Pass issued at
check-in;
Unchecked Baggage means any baggage of
the passenger other than checked
baggage.
Warsaw Convention means whichever of the
following instruments is applicable to
the contract of carriage: - the
Convention for the Unification of
Certain Rules Relating to International
Carriage by Air, signed at Warsaw, 12th
October 1929 (hereinafter referred to as
the Warsaw Convention); - the Warsaw
Convention as amended at The Hague on
28th September 1955; - the Warsaw
Convention as amended by Additional
Protocol No. 1 of Montreal 1975; - the
Warsaw Convention as amended at The
Hague in 1955 and by Additional Protocol
No.2 of Montreal 1975; - the Warsaw
Convention as amended at The Hague 1955
and by Additional Protocol No.4 of
Montreal 1975. - Guadalajara
Supplementary Convention (1961.
ARTICLE II: APPLICABILITY
General
1. (a) Except as provided in Paragraphs
2, 3, 4, and 5 of this Article, these
Conditions of Carriage apply to all
carriage by air or by other means of
transportation including surface
transportation of all passengers and
baggage, performed by Carrier for
reward.
(b) These Conditions also apply to
gratuitous and reduced fare carriage
except to the extent that Carrier has
provided other in its Important Notes or
in the relevant contracts or passes.
Carriage To/From Canada and USA
2. (a) These Conditions apply to
carriage between places in Canada or
between a place in Canada and any place
outside thereof only to the extent they
are incorporated in tariffs in force in
Canada.
(b) These Conditions do not apply to air
transportation as defined in the US
Federal Aviation Act 1958.
Charter Agreements
3. With respect to carriage of
passengers and baggage pursuant to a
charter agreement with a Carrier, such
carriage shall be subject to such
Carrier's charter Important Notes
applicable thereto, if any, and these
Conditions shall not apply except to the
extent provided in said Important Notes.
Where a Carrier has no charter Important
Notes applicable to such charter
agreement, these Conditions shall apply
to such agreement except that the
Carrier reserves the right to exclude
the application of all or any part of
these Conditions and, in case of
divergence between the applicable
provisions of these Conditions and the
conditions contained or referred to in
the charter agreement, the latter shall
prevail and the passenger, by accepting
carriage pursuant to a charter
agreement, whether or not concluded with
the passengers, agrees to be bound by
the applicable terms thereof.
Overriding Law
4. To the extent that any provision
contained or referred to herein is
contrary to anything contained in the
Warsaw Convention or Montreal Convention
where applicable and in any applicable
laws, government Important Notes, orders
or requirements that cannot be waived by
agreement of the parties, such provision
shall not apply. The invalidity of any
provision shall not affect the validity
of any other provision.
Conditions Prevail Over Carrier's
Important Notes
5. Except as provided herein, in the
event of inconsistency between these
Conditions and Carrier's Important
Notes, these Conditions shall prevail,
except where tariffs in force in the
United States or Canada apply, in which
case the tariffs shall prevail.
ARTICLE III: TICKETS
Ticket Prima Facie Evidence of Contract
1. The Ticket constitutes prima facie
evidence of the contract of carriage
between Carrier and the passenger.
Requirement for Confirmation
2. A person shall not be entitled to be
carried on a flight unless that person
presents a Confirmation Number validly
and duly issued in accordance with
Carrier's Important Notes or matches the
identity of the person who made the
booking.
Ticket not Transferable
3. A Ticket is only transferable to the
extent described in the Carrier's
Important Notes. If a Confirmation
Number is presented by someone other
than the person entitled to be carried
thereunder, Carrier shall not be liable
to the person so entitled if in good
faith it provides carriage thereunder.
Period of Validity
4. A Ticket is valid for carriage solely
for the flight to which it relates.
Name and Address of Carrier
5. Carrier's name may be abbreviated in
the ticket. Carrier's address shall be
deemed to be the airport of departure
shown opposite the first abbreviation of
Carrier's name in the 'CARRIER; box in
the ticket, although this should not be
taken to be the place where the Carrier
is domiciled or ordinarily resident for
the purposes of the Warsaw Convention or
Montreal Convention.
Personal Data
6. The passenger recognizes that
personal data has been given to Carrier
for the purposes of carriage and for
obtaining ancillary services. For these
purposes the passenger authorizes
Carrier to retain such data and to
transmit it to its own offices,
governmental agencies, other carriers or
the providers of such services, in
whatever country they may be located.
Seating
7. Carrier does not guarantee to provide
any particular seat in the aircraft and
the passenger agrees to accept any seat
that may be allotted on the flight.
ARTICLE IV: FARES AND CHARGES
General
1. Fares apply only for carriage from
the airport at the point of origin to
the airport at the point of destination.
Fares do not include ground transport
service between airport and between
airports and town terminals, unless
provided by Carrier without additional
charge.
Taxes and Charges
2. Any tax or other charges imposed by
government or other authority, or by the
operator of an airport, in respect of a
passenger or the use by a passenger of
any services or facilities will be in
addition to the published fares and
charged to and shall be payable by the
passenger.
Currency
3. Fares and charges are payable in any
currency acceptable to 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 Carrier's prevailing rate of
exchange from time to time.
ARTICLE V: CHECK-IN
The passenger shall arrive at Carrier's
check-in location and boarding gates
sufficiently in advance of flight
departure to permit completion of any
government or airport formalities and
departure procedures and in any event
not later than the time that may be
indicated by Carrier. If the passenger
fails to arrive at Carrier's check-in
location no later than 40 minutes before
the scheduled departure time of the
aircraft, or fails to make themself
available at the correct boarding gate
no later than 15 minutes before the
scheduled departure time or appears
improperly documented and not ready to
travel, Carrier may cancel the space
reserved for him or her and will not
delay the flight. Carrier is not liable
to the passenger for loss or expense due
to the passenger's failure to comply
with the provisions of this Article.
ARTICLE VI: REFUSAL OF AND LIMITATION ON
CARRIAGE
Right to Refuse Carriage
1. Carrier may refuse carriage of any
passenger or passenger's baggage for
reasons of safety or if, in the exercise
of its reasonable discretion, Carrier
determines that:
(a) such action is necessary in order to
comply with any applicable laws,
Important Notes or orders of any state
or country to be flown from, into or
over; or
(b) the conduct, age or mental or
physical state of the passenger is such
as to:
(i) require special assistance of
Carrier beyond that which it can
reasonably be expected to provide; or
(ii) cause discomfort or make himself or
herself objectionable to other persons
or to property; or
(iii) involve any hazard or risk to
himself or herself or to other persons
or to property or
(c) such action is necessary because the
passenger has failed to observe the
instructions of the Carrier; or
(d) the passenger has refused to submit
to a security check; or
(e) the applicable fare or any charges
or taxes payable have not been paid, or
credit arrangements agreed between
Carrier and the passenger (or the person
paying for the flight) have not been
complied with;
(f) the passenger does not appear to be
properly documented or the confirmation
number presented by the passenger has
been acquired or is being used
deceitfully or unlawfully; or
(g) the person presenting the
confirmation number cannot prove that he
or she is the person named in the 'NAME
OF PASSENGER' box, and Carrier reserves
the right to retain such ticket.
Limitation on Carriage
2. Acceptance for carriage of
incapacitated persons, pregnant women or
persons with illness may be subject to
prior arrangement with Carrier, in
accordance with Important Notes. The
Carrier will not carry unaccompanied
children under the age of 16.
Refusal to carry or removal of passenger
3. If, due to a passenger's behaviour,
conduct, mental or physical condition,
the Carrier has in the exercise of its
reasonable discretion, refused to carry
a passenger, or removed such a passenger
en route the passenger will not be
entitled to further carriage or to a
refund either in respect of the sector
the subject of the refusal of carriage
or removal. The Carrier will not be
liable for any consequential loss or
damage alleged due to any such refusal
to carry or removal en route. The
passenger shall indemnify the Carrier in
full against any losses arising from the
refusal of carriage or removal.
ARTICLE VII: BAGGAGE
Items Unacceptable as Baggage
1. (a) The passenger shall not include
in his or her baggage: (i) items which
do not constitute baggage as defined in
Article I hereof; (ii) items which are
likely to endanger the aircraft or
persons or property in board the
aircraft, such as those specified in the
Dangerous Goods & Regulations of the
International Civil Aviation
Organisation (ICAO) and the
International Air Transport Association
(IATA), and in Carrier's Important
Notes. (Further information is available
from Carrier on request); (iii) items
the carriage of which is prohibited by
the applicable laws, Important Notes or
orders of any state to be flown from, to
or over; (iv) items which in the opinion
of Carrier are unsuitable for carriage
by reason of their weight, size or
character, such as fragile or perishable
items; (v) Firearms and ammunition will
not be accepted for carriage. (b) The
passenger shall not include in checked
or hand baggage Dangerous Goods Items as
specified in 1(a)(ii) including matches
or lighters. On routes to / from the USA
lighters are not permitted for carriage.
# Fragile or perishable items, money,
jewellery, precious metals, silverware,
electrical goods, negotiable papers,
securities or other valuables, business
documents, passports and other
identification documents or samples
should not be included in checked
baggage. (c) Weapons such as antique
swords, knives and similar items may be
accepted as checked baggage, unless
prohibited by the applicable laws . (d)
If any items referred to in Subparagraph
(a)and (b) of this Paragraph are
carried, whether or not they are
prohibited from carriage as baggage, the
carriage thereof shall be subject to the
charges, limitations of liability and
other provisions of these Conditions
applicable to the carriage of baggage.
The above information contains the main
points relating to items which may be
carried on all routes. Passengers
traveling to / from the USA should also
visit the website of the US Department
of Homeland Security where further
detailed information can be found.
Right to refuse Carriage
2. (a) Carrier may refuse carriage as
baggage of such items described in
Paragraph 1 of this Article as are
prohibited from carriage as baggage and
may refuse further carriage of any such
items on discovery thereof.
(b) Carrier may refuse to carry as
baggage any item because of its size,
shape, weight or character.
(c) Unless advance arrangements for its
carriage have been made with Carrier,
Carrier may carry on later flights
baggage which is in excess of the
applicable free allowance.
(d) Carrier may refuse to accept baggage
as checked baggage unless it is properly
packed in suitcases or other suitable
containers to ensure safe carriage with
ordinary care in handling.
Right of Search
3. (a) For reasons of safety and
security, Carrier may request the
passenger to permit a search to be made
of his or her person and his or her
baggage, and may search or have searched
the passenger's baggage in his or her
absence if the passenger is not
available, for the purpose of
determining whether he or she is in
possession of or whether his or her
baggage contains any item 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 baggage.
(b) The security authorities of some
countries require checked baggage to be
secured in such a manner that it can be
opened in the Passenger's absence
without the possibility of causing
damage. It is the Passenger's
responsibility to make him or herself
aware of and comply with any such
requirements.
Checked Baggage
4. (a) Upon delivery to Carrier of
baggage to be checked, Carrier shall
take custody thereof and issue a baggage
identification tag for each piece of
checked baggage.
(b) If baggage has no name, initials or
other personal identification, the
passenger shall affix such
identification to the baggage prior to
acceptance.
(c) Checked baggage will be carried on
the same aircraft as the passenger,
unless Carrier decides that this is
impractical, in which case Carrier will
carry the checked baggage on Carrier's
next flight on which space is available.
(d) The Passenger must ensure that his
or her checked and unchecked baggage is
sufficiently robust and sufficiently
secure to withstand the normal rigours
of carriage by air without sustaining
damage, save for normal wear and tear,
and that, subject to paragraph 3(b)
above, the baggage is properly locked.
Free Baggage Allowance
5. Passengers may carry free of charge
baggage as specified and subject to the
conditions and limitations in Important
Notes
Excess Baggage
6. In its absolute discretion Carrier
chooses not to carry excess baggage
other than as stated in it's Important
Notes - Baggage section.
Unchecked Baggage
7. (a) Baggage which the passenger
carries on to the aircraft must fit
under seat in front of the passenger or
in an enclosed storage compartment in
the cabin. Items determined by the
Carrier to be of excessive weight or
size will not be permitted in the cabin.
(b) Objects not suitable in the opinion
of the Carrier, for transport in the
cargo compartment (such as, but not
limited to, delicate musical instruments
and the like) will only be accepted for
transportation in the cabin compartment
if due notice has been given in advance
and permission granted by Carrier. The
transport of such objects will be
charged for separately.
Collection and Delivery of Baggage
8 (a) The passenger shall collect his or
her baggage as soon as it is available
for collection at places of destination
or stopover.
(b) Only the bearer of the baggage check
and identification tag, delivered to the
passenger at the time the baggage was
checked, is entitled to delivery of
baggage. Failure to exhibit the baggage
identification tag shall not prevent
delivery provided the baggage check is
produced and the baggage is identified
by other means.
(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, Carrier
will deliver the baggage to such person
only on condition that he or she
establishes to the Carrier's
satisfaction his or her 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 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.
(e) In the event of mis-routed baggage,
or other complaints related to the
carriage of baggage, the passenger
should contact in the first instance our
Call Centre.
Unclaimed Baggage
9. Title in any baggage which is
unclaimed after being in the Carrier's
possession for four calendar months
shall be deemed to pass to the Carrier
which may make such arrangements for the
disposal of baggage and the proceeds of
sale arising therefrom as Carrier shall
see fit.
Animals
10. The Carrier shall not carry any
animals.
Items Removed from Passengers by Airport
Security Personnel
11. Carrier will not be responsible for,
nor have any liability in respect of,
items removed from passengers from their
baggage by airport security personnel
acting in accordance with international
or government Important Notes, whether
or not any such items are subsequently
retained or destroyed by such airport
security personnel, or are passed by
such airport security personnel to the
Carrier.
ARTICLE VIII: SCHEDULES, DELAYS AND
CANCELLATION OF FLIGHTS
Schedules
1(a) Carrier undertakes to use its best
efforts to carry the passenger and his
or her baggage with reasonable dispatch
and to adhere to published schedules in
effect on the date of travel. Times
shown in timetables or elsewhere are
approximate and not guaranteed and do
not form part of the contract of
carriage. Schedules are subject to
change without notice and Carrier
assumes no responsibility for making
connections.
(b)Carrier may, without notice,
substitute alternative carriers or
aircraft.
(c) Carrier may without notice cancel,
terminate, divert, introduce stops,
postpone or delay any flight.
(d) In the event of cancellation Carrier
will make a refund in accordance with
Article IX and the Carrier's Important
Notes.
In the event of diversion Carrier will
arrange for Passenger to be transported
(at Carrier's expense) to the place of
destination to which the flight was
intended to be bound.
In the event of delay or disruption to
Carrier's published schedule, Carrier's
liability to the passenger shall be as
set out in Carrier's Important Notes.
(e)Where a cancellation or significant
alteration is made to Carrier's schedule
before the date of departure, Carrier
will use reasonable efforts to inform
passengers of any such cancellation or
alteration.
2. Except in the case of its acts or
omissions done with intent to cause
damage or recklessly and with knowledge
that damage would probably result,
Carrier shall not be liable for errors
or omissions in timetables or other
published schedules, or for
representations made by employees,
agents or representatives of Carrier as
to the dates or times of departure or
arrival or as to the operation of the
flight.
ARTICLE IX: REFUNDS
Refund of Scheduled Tickets
1. Scheduled tickets are refundable
solely to the extent described in
Carrier's Important Notes.
How refunds are made
2. Such refund shall be made only to the
person who has paid the fare or to that
person's order, who may be required to
produce satisfactory proof of original
payment.
Except in the case of lost Tickets,
refunds will only be made on surrender
to us of any other documentation
provided by us in relation to carriage.
A refund made to anyone presenting the
Ticket or any other documentation
provided by us in relation to carriage
and holding himself out as a person to
whom refund may be made in terms of this
paragraph shall be deemed a proper
refund and shall discharge us from
liability and any further claim for
refund.
The method of obtaining a refund shall
be as described in the Carrier's
Important Notes.
ARTICLE X: ARRANGEMENTS ON BEHALF OF
PASSENGERS
If in the course of concluding the
contract by carriage by air, Carrier
also agrees to make arrangements for the
provision of additional services,
Carrier does so only as the agent of the
passenger and shall have no liability to
the passenger except for negligence on
its part in making such arrangements.
ARTICLE XI: ADMINISTRATIVE FORMALITIES
General
1(a) Carrier shall not be responsible
for any losses arising from any
passenger failing to comply with any of
the obligations outlined in this
Article. Passenger shall indemnify the
Carrier against any liability arising
from the passenger's failure to comply
with the terms of this Article.
(b) The passenger shall be solely
responsible for complying with all laws,
Important Notes, orders, demands and
travel requirements of countries to be
flown from, into or over, and with
Carrier's Important Notes and
instructions. Carrier shall not be
liable for any aid or information given
by any agent or employee of Carrier to
any passenger in connection with
obtaining necessary documents or visa or
complying with such laws, Important
Notes, orders, demands and requirements,
whether given in writing or otherwise;
or for the consequences to any passenger
resulting from his or her failure to
obtain such documents or visa to comply
with such laws, Important Notes, orders,
demands, requirements rules or
instructions.
Travel Documents
2. The passenger shall present all exit,
entry, health and other documents
required by laws, Important Notes,
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, Important Notes,
orders, demands or requirements or whose
documents do not appear to be in order.
Refusal of Entry
3. If you are denied entry into any
country, you will be responsible to pay
any fine or charge assessed against us
by the Government concerned and for the
cost of transporting you from that
country. The fare collected for carriage
to the point of refusal or denied entry
will not be refunded by us.
Passenger Responsible for Fines,
Detentions Costs etc.
4. If we are required to pay any fine or
penalty or to incur any expenditure by
reason of your failure to comply with
laws, regulations, orders, demands or
other travel requirements of the
countries concerned or to produce the
required documents, you shall reimburse
us on demand, any amount so paid or
expenditure so incurred. We may apply
towards such payment or expenditure the
value of any unused carriage on your
ticket, or any of your funds in our
possession.
Customs Inspection
5. If required, the passenger shall
attend inspection of his or her 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.
Security Inspection
6. The passenger shall submit to any
security checks by government or airport
officials or by Carrier.
ARTICLE XII: LIABILITY FOR DAMAGE
1. Save as provided by the EC Regulation
2027/97, carriage by carrier is subject
to the rules and limitations relating to
liability established by the Warsaw
Convention or Montreal Convention unless
such carriage is not international
carriage to which these Conventions
apply.
2. The following conditions apply to all
carriage by the carrier (whether in
accordance with EC Regulation or
otherwise):
(i)In the event of an accident resulting
in the death, wounding or other bodily
injury of a Passenger whilst on board an
aircraft operated by carrier or in the
course of any of the operations of
embarking or disembarking, the amount of
damages payable is not subject to any
financial limit (be it defined by law,
the Warsaw Convention or Montreal
Convention or contract).
(ii)If the carrier proves that the
damage was caused by, or contributed to
by, the negligence of the Passenger the
carrier may be exonerated wholly or in
part from our liability in accordance
with applicable law.
(iii)In the event of an accident
resulting in the death, wounding or
other bodily injury to a Passenger
whilst on board an aircraft operated by
carrier or in the course of any of the
operations of embarking or disembarking,
the carrier 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 (by a court or otherwise),
make such advance payments as may be
required to meet the immediate economic
needs of that person on a basis
proportional to the hardship suffered,
provided that in the event of death the
advance payment will not be less than
the equivalent of 16,000 Special Drawing
Rights per passenger.
(iv)Any advance payment paid pursuant to
the above:
# shall not be construed as an admission
of liability by the carrier and is made
without prejudice to any defence which
the carrier are entitled to assert;
# may be offset against any subsequent
sums payable on the basis of the carrier
being held liable;
# is not returnable unless the Carrier
subsequently proves that: (1) the Damage
was caused by, or contributed to by, the
negligence or other wrongful act or
omission of the deceased or injured
passenger to whom the payment relates or
if different, the person claiming
compensation or the person from whom he
or she derives his or her rights; or (2)
the person who received the payment was
not the person entitled to compensation
under applicable law. Save to the extent
that applicable law may otherwise
provide, where any advanced payment
paid, or any part thereof, is returnable
to the carrier as detailed above, the
person who received the payment
concerned shall make the repayment to
the carrier immediately upon the
relevant proof being established (in a
court or otherwise), together with
interest calculated from the date of
receipt of the payment by that person
until the date of repayment to the
carrier, at the then current judgment
rate applicable in the court having
jurisdiction. In respect of any advance
payment to be made pursuant to paragraph
2(c) above or any figure expressed in
terms of an equivalent in Euros to an
amount in Special Drawing Rights:
# the amount of the Euro equivalent
shall be calculated at the prevailing
rate set by the International Monetary
Fund for the relevant date;
# in circumstances where the United
Kingdom has not introduced the Euro as
legal tender on the relevant date, any
payment shall be made, or as the case
may be any figure shall be interpreted,
as Pounds Sterling by applying the
prevailing market conversion rate for
Pounds Sterling to Euros for the
relevant date of payment or
determination as the case may be. The
carrier confirms that the carrier has
liability insurance cover per passenger
of at least 100,000 Special Drawing
Rights and not less than the minimum
amount stipulated by the Civil Aviation
Authority.
3. The Carrier will not be liable for
damages in excess of 100,000 Special
Drawing Rights per Passenger where the
Carrier can prove that the Damage was
not due to the negligence or other
wrongful act or omission of the Carrier
or its servants or agents; or such
Damage was solely due to the negligence
or other wrongful act or omission of a
third party.
4. The carrier's liability in respect of
Checked Baggage and Unchecked Baggage is
limited as follows: except as provided
by Article 6(e) and (f) below, the
Carrier's maximum liability is limited
to the national currency equivalent of
1,000 Special Drawing Rights per
passenger, as specified in the Montreal
Convention.
5. Special Drawing Rights shall be
converted into the appropriate national
currency as at the date of judgment or
settlement.
6. To the extent not in conflict with
the foregoing and whether or not the
Warsaw Convention or Montreal Convention
applies:
(a) The carrier is liable only for
damage occurring on its flights. A
carrier issuing a ticket or checking
Baggage on the flights of another
carrier does so only as agent for such
other carrier. Nevertheless, in cases
where the Warsaw Convention or Montreal
Convention applies with respect to
Checked Baggage a Passenger may also
have a right of action against the first
or last carrier (in addition to any
right of action against the carrier who
performed the carriage during which the
accident or delay occurred).
(b) The carrier is not liable for damage
to Unchecked Baggage unless such damage
is caused by its negligence . If there
has been contributory negligence on your
part, the carrier's liability shall be
subject to the applicable law relating
to contributory negligence.
(c) The Carrier shall have no liability
where the Damage resulted from the
inherent defect, quality or vice of the
Baggage. Likewise we will not be liable
for fair wear and tear of Baggage
resulting from the usual and normal
rigours of transportation by air (see
also Article XII 4(d) regarding the
suitability of your Baggage for
transportation by air).
(d) The carrier is not liable for damage
arising from its compliance with any
laws or Government regulations, orders
or requirement, or from your failure to
comply with the same.
(e) The maximum limit of liability
stated at 4 above shall not apply if the
damage resulted from acts or omissions
done by the carrier, its servants or
agents with intent to cause damage or
recklessly and with knowledge that
damage to Checked Baggage would probably
result.. If the weight of the Baggage is
not recorded on the Baggage Check or
Baggage Identification Tag, it is
presumed that the total weight of the
Checked Baggage does not exceed the
applicable free Baggage allowance for
the class of service concerned, as
provided in the carrier's Regulations.
Checked Baggage a higher value declare
to the carrier at check-in of the
Baggage concerned and any supplementary
charge required by the carrier is paid
liability shall be limited to such
higher declared value
(f) Where your Baggage has a greater
value than the limit of the Carrier's
liability stated in these Terms and
Conditions, you should bring that fact
to Carrier's attention at check-in so
that you may make a special declaration
and pay a supplementary sum according to
the Carrier's tariff, which is available
on request, or fully insure the value of
the Baggage prior to travel. In any
event , any potion of the value of your
Baggage above the Carrier's applicable
limit of liability should be insured by
you prior to travel.
(g) The carrier's liability shall not
exceed the amount of proven damages. The
carrier shall furthermore not be liable
for indirect or consequential damages of
any nature whatsoever and howsoever
arising.
The carrier is not liable for injury to
a Passenger or for Damage to a
Passenger's Baggage caused by property
contained in such Passenger's Baggage.
Any Passenger whose property causes
injury to another person or Damage to
another person's property or to
carrier's property shall indemnify the
carrier in respect of all claims against
the carrier and also for all losses and
expenses incurred by the carrier as a
result thereof.
(h) The carrier is not liable for Damage
to Articles not permitted to be
contained (whether or not the carrier
knew that such Articles were so
contained) in Checked Baggage as set out
in Article VII above except where and to
the extent that the Warsaw Convention or
Montreal Convention otherwise provides.
If the carrier carries you, and your age
or mental or physical condition is such
as to involve any hazard or risk to you,
the carrier shall not be liable in any
way whatsoever for any illness, injury
or disability including death,
attributable to such condition or for
the aggravation of such condition
arising out of the normal consequences
of carriage by air.
Any exclusion or limitation of carrier's
liability shall apply to and be for the
benefit of its agents, employees and
representatives and any person whose
aircraft is used by carrier and such
person's agents, employees and
representatives. The aggregate amount
recoverable from the carrier and from
such agents, employees, representatives
and person and such person's agents,
employees and representatives shall not
exceed the amount of its limit of
liability.
8. Unless expressly provided nothing
herein shall waive any exclusion or
limitation of the carrier's liability
under the Warsaw Convention or Montreal
Convention or applicable laws.
9.(a) The Carrier's liability for Damage
occasioned by delay in the carriage of
Passengers by air is limited to 4,150
Special Drawing Rights per Passenger as
specified in the Montreal Convention
unless the Carrier can prove that the
Carrier and its servants and agents took
all measure that could reasonably be
required to avoid the damage or that it
was impossible to take such measures.
(b) The limits of liability stated in
9(a) shall not apply if the Damage
resulted from the Carrier's act or
omission done with the intent to cause
damage or recklessly with the knowledge
that Damage would probably result.
10. Any summary of the main provisions
of the Carrier's liability set out in
the Passenger's ticket or provided by
the carrier or by a third party on the
carrier's behalf, or by any other means,
cannot be used as a basis for a claim
for compensation, nor to interpret their
provisions of Article XII of these
Conditions of Carriage.
ARTICLE XIII: TIME FOR BAGGAGE CLAIMS,
PROCESSING OF BAGGAGE CLAIMS AND TIME
LIMITS FOR ALL ACTIONS FOR DAMAGES
Notice of Claims
1. No action shall lie in the case of
damage to checked baggage unless the
person entitled to delivery complains to
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 at the latest within
21 days from the date on which the
baggage has been placed at his or her
disposal. Every complaint must be made
in writing and dispatched within the
times aforesaid.
Processing of Baggage Claims
2. (a) All claims for compensation for
damage to baggage must be accompanied by
an itemised list identifying each
affected item and giving a description,
including the manufacturer and age of
the item, together with proof of
purchase or evidence of ownership in
respect of all such items. The passenger
is not required to provide proof of
purchase for items with a value of less
than £5.00 (or local currently
equivalent), or items more than 5 years
old with a claim value of less than
£50.00 (or local currency equivalent).
The carrier will deduct an amount from
the passenger's claim to account for
depreciation where the carrier considers
it appropriate.
(b) In the case of a compensation claim
for physical damage for baggage, the
passenger must retain the damaged
baggage and produce it to the carrier on
the carrier's request in order the
carrier may examine it to assess the
nature and extent of the damage and
whether the damage is capable of repair.
(c) In the event that the passenger
wishes to claim for the costs of
replacing an individual item which forms
part of a claim for damage to baggage,
the passenger must consult the carrier
before incurring the replacement cost,
or otherwise it may not be included in
the compensation payable to the
passenger. This does not apply where the
total cost of such replacement item does
not exceed £25.00 (or local currency
equivalent). The passenger must include
proof of purchase of the replacement
items when making the claim. The
passenger is not required to make proof
of purchase for any item with the cost
of less than £5.00 (or local currency
equivalent).
(d) In respect of all claims for damages
concerning the passengers baggage, the
passenger must provide the carrier with
all information that the carrier
requests to assess the eligibility of
the passengers claim and the amount of
damages payable.
(e) If the carrier requires the
passenger to do so, the passenger must
sign a statement of truth regarding the
facts and value of the passenger's claim
for damage to the passengers baggage
before the carrier will make payment to
the passenger.
(f) If the passenger fails to comply to
the relevant requirements of this
Article XIII 9 the passenger may
adversely affect the amount of
compensation to which he or she is
entitled.
Limitation of Actions
3. Any right to damages 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 the
court seized of the case.
ARTICLE XIV: MODIFICATION AND WAIVER
1. Carrier may at any time cancel,
terminate, amend or alter all or any
part of these Conditions of Carriage or
Carriers Important Notes or charter
tariffs (where applicable).
2. For the avoidance of doubt, no
employee, representative or agent has
the authority to alter, modify or waive
any of these Regulations. Booking with
us implies you have read, understood and
agree to be bound by the terms and
conditions of carriage and agree to
comply with all applicable laws, rules
and regulations. No correspondence shall
be entered into pertaining to the terms
and conditions of carriage.
ARTICLE XV: APPLICABLE LAW AND
JURISDICTION
These conditions of carriage and any
dispute arising under or in connection
with them shall be governed by the laws
of Scotland irrespective of where the
contract of carriage is entered into and
any dispute not amicably resolved shall
be subject to the exclusive jurisdiction
of the Scottish courts.
NAME OF CARRIER: GLOBESPAN AIRWAYS
LIMITED t/a flyglobespan
ABBREVIATION OF NAME: flyglobespan
Data Protection Policy
In order to process your booking and to
ensure that your travel arrangements run
smoothly and meet your requirements we
(and your travel agent) need to use the
information you provide such as name,
address, any special needs/dietary
requirements etc. We take full
responsibility for ensuring that proper
security measures are in place to
protect your information. We must pass
the information on to the relevant
suppliers of your travel arrangements
such as airlines, hotels, transport
companies etc. The information may also
be provided to security or credit
checking companies, public authorities
such as customs/immigration if required
by them, or as required by law.
Additionally, where your holiday is
outside the European Economic Area
(EEA), controls on data protection in
your destination may not be as strong as
the legal requirements in this country.
We will not however, pass on any
information onto any person not
responsible for part of your travel
arrangements. This applies to any
sensitive information that you give to
us such as details of any disabilities,
or dietary/religious requirements. (If
we cannot pass this information to the
relevant suppliers, whether in the EEA
or not, we cannot provide your booking.
In making this booking, you consent to
this information being passed on to the
relevant persons.) If your travel
arrangements involve the United States
of America in particular, we are obliged
to pass on your information (some of
which may be sensitive information)
including payment and credit card
information to the customs and
immigration authorities of the United
States of America. If we cannot provide
this information to these authorities we
cannot provide your travel arrangements.
In making this booking, you consent to
this information being passed on to the
customs and immigration authorities of
the united States of America. Please
note that where information is also held
by your travel agent, this is subject to
your agents own data protection policy.
Your data controller is either The
Globespan Group Plc or Globespan Airways
Limited. You are entitled to a copy of
your information held by us. |