check-in and boarding

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conditions of carriage

index

1. WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
2. APPLICABILITY
2.1 General
2.2 Code Share
2.3 Overriding Law
3. TICKETS
3.1 General Provisions
3.2 Period of Validity
3.3 Non use of ticket
3.4 Sequence of flight coupon use
3.5 Replacement of tickets
4. FARE, TAXES, FEES AND CHARGES
4.1 Fares
4.2 Taxes, fees and charges
4.3 Currency
5. RESERVATIONS
5.1 Reservation Requirements
5.2 Ticketing time limit
5.3 Personal data
5.4 Seating
5.5 Aircraft
5.6 Reconfirmation of flights
5.7 Cancellation of onward flights
6. CHECK-IN AND BOARDING
7. REFUSAL AND LIMITATION OF CARRIAGE
7.1 Our right to refuse carriage
7.2 Reimbursement of costs
7.3 Fitness to fly
7.4 Carriage of pregnant passengers and newborn children
7.5 Special assistance
7.6 Passenger reimbursement of medical expenses
7.7 Carriage of unaccompanied children
7.8 Onboard services
7.9 Ground services
7.10 Overloading
8. BAGGAGE
8.1 General
8.2 Free baggage allowance
8.3 Excess baggage
8.4 Items you must NOT carry in your baggage
8.5 Firearms and dangerous items
8.6 Right to refuse carriage of baggage
8.7 Right to search, screen and X-ray
8.8 Checked baggage
8.9 Unchecked baggage
8.10 Collection and delivery of checked baggage
8.11 Animals
9. SCHEDULES
9.1 General
9.2 Remedies for cancellation, rerouting and delays for technical or operational reasons caused by Airlink
9.3 Weather delays
9.4 Denied boarding
10. REFUNDS
10.1 General
10.2 Involuntary refunds
10.3 Voluntary refunds
10.4 Refund on lost tickets
10.5 Right to refuse refund
10.6 Currency
10.7 By whom ticket refundable
10.8 Limitations of your rights
11. CONDUCT ABOARD AIRCRAFT
11.1 General
11.2 On board alcohol
11.3 Smoking
11.4 Breach of duty
12. SERVICES PROVIDED BY THIRD PARTY
13. TRAVEL DOCUMENTS, CUSTOMS AND SECURITY INSPECTIONS
13.1 General
13.2 Refusal of entry
13.3 Passenger responsible for fines, detention costs and other charges
13.4 Return of confiscated travel documents
13.5 Custom inspection
13.6 Security inspection
14. SUCCESSIVE AIRLINES
15. LIABILITY FOR DAMAGE
15.1 General
15.2 Scope of liability
15.3 General limitation
15.4 Death or injury of passengers
15.5 Baggage
15.6 Delay in the carriage of passengers
15.7 Advice to international passengers on limitation of liability
16. TIME LIMITS FOR PROCESSING OF BAGGAGE CLAIMS
16.1 Time limit for baggage claims
16.2 Processing of baggage claims
16.3 Time limit for all action for damages
17. OUR REGULATIONS
18. INTERPRETATION

CONDITIONS of CARRIAGE for PASSENGERS and BAGGAGE

Published: January 2008 If you have been issued with a ticket for carriage by air on AIRLINK, you will have a contract of carriage. This contract gives you the right to be carried on a flight or series of flights and its terms are governed by:

article 1 - what particular expressions mean in these conditions

We, us, our
means Airlink

You, your, yourself
means any person (whether adult, child or infant) holding a ticket to be carried in an aircraft, except members of the crew. (See also the definition for “Passenger”).

Airline Designator Code
means the two character which identify individual airlines in tickets, timetables, reservation systems and elsewhere.

Authorised Agent
means a passenger sales agent (which can include another airline) we have appointed to represent us in the sale of carriage on our services.

Baggage
means your personal property accompanying you in connection with your trip. Unless we say otherwise, this consists of your Checked Baggage and Unchecked Baggage.

Baggage Tag
means a document given to you by us to identify your Checked Baggage.

Checked Baggage
means Baggage we take into our custody for carriage in the hold of an aircraft for which we have issued a baggage tag.

Check-in Deadline
means the time limit we have set you for completing the process of checking-in formalities and receiving a boarding pass.

Conditions of Carriage
means these conditions of carriage contained herein or with the ticket or itinerary / receipt.

Conjunction Ticket
means a ticket issued to you in conjunction with relation to another ticket which together constitute a single contract of carriage.

Coupon
means both a paper document marked “Flight Coupon” and an electronic coupon, each of which entitles the named passenger to travel on the particular flight identified on it.

Damage
means death, wounding, or bodily injury suffered by a passenger, loss, partial loss, theft or other damage, arising out of services incidental thereto performed by us.

Day
means any of the seven days of the week.

Electronic Ticket
means the electronic entries within our reservations database recording the carriage you have booked.

E-Ticket Receipt/Itinerary
means a document we issue when travelling on an electronic ticket that contains the passenger’s name, flight information and notices and delivered to you by email, by fax or by hand.

Force Majeure
means unusual and unforeseeable circumstances beyond your / our control and the consequences of which cannot be avoided even if all due care had been exercised.

IATA
means the International Air Transport Association.

ICAO
means the International Civil Aviation Organisation.

Montreal Convention
means the unification of certain rules relating to International Carriage by Air, signed at Montreal, 28 May 1999.

Passenger
means any person (whether adult, child or infant) entitled by a ticket to be carried in an aircraft (except members of crew).

Passenger Coupon or Passenger Receipt
means a document issued as part of your ticket which ultimately must be retained by you when travelling on all flights.

SDR
means a Special Drawing Right, the composite unit of currency that is used as the official unit of exchange of the International Monetary Fund.

Stopover
means any place set out in your ticket or shown in our timetables as a scheduled stop (regardless of duration) between the first place of departure and the last place of destination in your ticket.

Tariff
means fares for carriage, charges and related Conditions of Carriage and ticket restrictions filed, where required, with the appropriate authorities.

Ticket
means the paper document marked “Passenger Ticket and Baggage Check” or the Electronic Ticket issued by us or on our behalf and includes the conditions of contract, notices and coupons.

Unchecked Baggage
means your baggage, other than your Checked Baggage, which is carried by you aboard the aircraft.

Warsaw Convention
means international instruments of law which apply to your carriage.

Website
means our internet website with the address www.flyairlink.com

article 2 - applicability

2.1 GENERAL

2.1.1
These Conditions of Carriage form part of your contract of carriage with us and apply to the carriage we provide to you unless Article 2.3 says otherwise.

2.1.2
These Conditions also apply to gratuitous and reduced fare carriage.

2.2 CODE SHARE
On some services we have arrangements with other airlines known as code shares. This means that even if you have a reservation with us and hold a ticket showing the “SA” airline designator code for one or more flights, another airline may operate the aircraft. If such arrangements apply to your carriage, the following conditions will apply:

2.2.1
We will advise you of the name of the other airline at the time you make your reservation when you make it with us;

2.2.2
These Conditions of Carriage will apply where we have a legal liability to you and the conditions of carriage of the operating carrier will apply in all other respects, with the result that, for example, provisions relating to baggage acceptance, check-in and boarding, refusal and limitation of carriage, conduct aboard aircraft, and schedules, delays and cancellation of flights may differ from these Conditions of Carriage.

2.3 OVERRIDING LAW
These Conditions of Carriage are applicable unless they are inconsistent with our tariffs or applicable law in which event such tariffs or law shall prevail.

article 3 - tickets

3.1 GENERAL PROVISIONS

3.1.1
We will provide carriage only to the passenger named in the ticket provided each passenger produces a valid passport or RSA Identity book (applicable on flights operating within the borders of South Africa).

3.1.2
In the case of an Electronic Ticket, you are required to bring your e-Ticket Receipt/Itinerary with you to the airport as it may be necessary for you to present it to us and to airport immigration and security personnel.

3.1.3
You will not be entitled to be carried on a flight if the ticket presented is mutilated, spoilt or tampered with, or if it has been altered otherwise than by us.

3.1.4
For the purposes of the Warsaw Convention and the Montreal Convention, an e-Ticket Receipt/Itinerary is deemed to serve as a passenger ticket and a baggage check/document of carriage.

3.1.5
You cannot transfer your ticket to another person.

3.1.6 Some tickets are sold at special fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You should ensure that you have appropriate insurance to cover instances where you are unable to make use of such a ticket.

3.1.7
The ticket is and remains at all times our property.

3.2 PERIOD OF VALIDITY

Except if it says otherwise in the ticket or in these Conditions of Carriage, a ticket is valid for:
a) one year from date of first travel in respect of international travel.
b) six months from date of first travel in respect of travel within the borders of the RSA.

Note that special fares may be valid for a shorter period than 6 months or 1 year and may constitute to minimum and maximum stay periods.

3.3 NON USE OF TICKET

3.3.1
If you are prevented from travelling within the period of validity of the ticket because we could not confirm a reservation at the time you requested it, we may extend the validity of the ticket or give you a voluntary refund.

3.3.2
If, after you have begun your carriage, you are prevented from travelling within the period of validity by reason of illness, we may extend the period of validity of your ticket until the date you become fit to travel subject to space available for which the fare has been paid. Such illness must be attested to by a medical certificate. In such circumstances, we will similarly extend the period of validity of tickets of other members of your immediate family accompanying you.

3.3.3
In the event of the death in the immediate family of a passenger who has commenced travel, the validity of the passenger ticket and those of the immediate family who are accompanying the passenger may likewise be modified. Any modifications shall be made upon receipt of a valid death certificate and the validity shall not be for a period longer than fourty-five days from the date of death.

3.4 SEQUENCE OF FLIGHT COUPONS USE

3.4.1
The ticket you have purchased is valid only for the transportation as shown on the ticket, from the place of departure to the destination. The fare you have paid is based upon our tariff and is for the transportation shown on the ticket. The ticket will not be honoured and will lose its validity if all the coupons are not used in sequence provided in the ticket.

3.4.2
Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed.

3.4.3
Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.

3.4.4
Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price and any penalties if applicable have to be paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower but otherwise your unused coupons have no value.

3.4.5
Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the ticket and may not be changed at all, or only upon payment of an additional fee.

3.4.6
Each flight coupon contained in your ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a ticket is originally issued without a reservation being specified, space may be later reserved subject to our tariff and the availability of space on the flight requested.

3.4.7
Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.

3.5 REPLACEMENT OF TICKETS

3.5.1
In case of loss or mutilation of a ticket (or part of it) by you or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, upon your request we will replace such ticket (or part of it) by issuing a new ticket, provided there is evidence, readily ascertainable at the time, that a ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another carrier for misuse or fraud of the ticket. We will not claim reimbursement from you for any such losses which result from our own negligence. We will charge an administration fee for this service.

3.5.2
Where such evidence is not available or you do not sign such an agreement, we will require you to pay up to the full ticket price for a replacement ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated ticket has not been used before the expiry of its validity. If, upon finding the original ticket before the expiry of its validity, you surrender it to the carrier issuing the new ticket, the foregoing refund will be processed at the time.

3.5.3
A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.

article 4 - fares, taxes, fees and charges

4.1 FARES

4.1.1
The fare paid for your ticket covers carriage of you and your baggage from the airport at the place of departure to the airport at the place of destination via specified stopovers at the times and on the dates specified in the ticket, unless we say otherwise.

4.1.2
The fare does not include ground transport service between airports and between airports and town terminals.

4.1.3
The fare for your ticket has been calculated according to our tariff as it applied on the date payment was made for your ticket.

4.2 TAXES, FEES AND CHARGES

4.2.1
Before carriage, you will pay to us the total amount of all applicable taxes, fees and charges imposed on us by a government or other authority, or by the operator of an airport, which we are obliged to collect from you or to pay in respect of your carriage.

4.2.2
When you purchase your ticket, all taxes, fees and charges not included in the fare which will be shown separately on the ticket.

4.2.3
Taxes, fees and charges imposed on air travel are outside our control and are constantly changing and can be imposed or changed after the date your ticket has been purchased. If a tax, fee or charge is imposed or increased after your ticket has been purchased, you must pay to us any such tax, fee or charge, or any such increase before carriage.

4.2.4
If any tax, fee or charge is abolished or reduced and becomes no longer applicable to all or part of your carriage, a refund can be claimed.

4.3 CURRENCY

Fares, taxes, fees and charges are payable in the currency of the country in which the ticket is issued. Foreign currency converted to the currency of payment will be at the applicable Banker’s Selling Rate in effect on the date payment is made.

article 5 - reservations

5.1 RESERVATION REQUIREMENTS

5.1.1
Certain fares have conditions attached to them which limit or exclude your right to change or cancel reservations. You should check the conditions that apply to your fare and we accept no responsibility for your failure to do so.

5.1.2
You must tell us at the time of booking if you have a medical condition which you may require medical assistance or special assistance during embarkation, disembarkation or aboard an aircraft. Your booking will be logged in our system as provisional and converted to a confirmed reservation by us once we are satisfied that you have received any medical clearance required and all conditions attached to such clearance have, or will be, complied with by you.

5.1.3
Your booking for your reservation must be made through our call centre in accordance with the advance time limit namely: 48 hours before flight departure, otherwise it may not be possible to accept the booking because of lack of time to complete applicable medical clearance requirements.

5.1.4
Your booking, ticket and your passport must all be in the same name.

5.2 TICKTING TME LIMIT
5.2.1
Subject to the fare rule unless otherwise stated, all tickets must be purchased no later than 72 hours after the reservation has been made.

5.2.2
We will cancel your reservation if you have not paid the applicable fare for the ticket according to the ticket time limit.

5.3 PERSONAL DATA

5.3.1
You recognise that your personal data (including sensitive personal data) has been provided to us for the purposes of making a reservation, issuing a ticket a boarding pass and other ancillary services related to your carriage, including, for example, provision of wheelchair assistance, facilitating immigration and entry procedures, facilitating security checks, dealing with customs control and making data available to government agencies in connection with your carriage (for example, security, customs or immigration where we are required by applicable law to do so).

5.3.2
Sensitive personal data, for example data relating to your health or disabilities, religion, criminal record or otherwise may be processed by us. You recognise that, by providing us with sensitive personal data you give your explicit consent for us to process it and disclose it to third parties for the above purposes.

5.3.3
We may require the name and contact details of a third party whom we may contact in an emergency. It is your responsibility to ensure that the third party consents to the disclosure of the information provided for that purpose.

5.4 SEATING

We will try to meet advance seating requests, but we cannot guarantee that you will be able to sit in any particular seat. We can change your seat for a similar seat at any time, even after you have boarded the aircraft.

5.5 AIRCRAFT

5.5.1
We will try to provide the aircraft specified in our timetable (or specified to you at the time of issue of your ticket) for your carriage, but cannot guarantee any particular aircraft will be used. We can change the aircraft on which you will be carried, whether for operational, safety, security reasons or otherwise.

5.5.2
Very occasionally, it may be necessary for us temporarily to supplement our fleet with aircraft operated for us by another airline. If this applies to any aircraft on which you are due to be carried by us, we will endeavour to inform you of the identity of the operator of the aircraft.

5.6 RECONFIRMATION OF FLIGHTS

Please reconfirm all Airlink sectors 48 hours prior to departure.

5.7 CANCELLATION OF ONWARD FLIGHTS

5.7.1
Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your subsequent flight reservations.

5.7.2
We will not be liable to you for any loss or expense whatsoever resulting from your failure to fully comply with the requirements.

article 6 - check in and boarding

6.1
You must present yourself for check-in no later than the time stipulated below BEFORE scheduled departure time of your flight as indicated on your ticket:
DOMESTIC: 1 hour 30 minutes
INTERNATIONAL/REGIONAL: 2 hours


6.2
Check-in deadlines are different at every airport and we recommend that you inform yourself about these check-in deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with the check-in deadlines.

6.3
We reserve the right to cancel your reservation if you do not comply with the check-in deadlines indicated. For any subsequent flights in your journey, you should inform yourself of the check-in deadlines. Check-in deadlines for our flights can be found in our timetable, or may be obtained from our web site or our authorised agents.

6.4
You must personally be present at check-in, with your checked baggage. No 3rd party check-in is allowed. You may not be accepted for carriage if you fail to personally present yourself for check-in.

6.5
You must be present at the boarding gate not later than the time specified by us when you check-in.

6.6
We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.

6.7
We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.

article 7 - refusals and limitation of carriage

7.1 OUR RIGHT TO REFUSE CARRIAGE

In the reasonable exercise of our discretion, we may refuse to carry you or your baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. In this circumstance you will be entitled to a refund. We may also refuse to carry you or your baggage if one or more of the following have occurred or we reasonably believe may occur:

7.1.1
Such action is necessary in order to comply with any applicable government laws, regulations, and orders;

7.1.2
the carriage of you or your baggage may endanger or affect the safety, health and materially affect the comfort of other passengers or crew;

7.1.3
your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;

7.1.4
you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;

7.1.5
you have refused to submit to a security check;

7.1.6
you have not paid the applicable fare, taxes, fees or charges;

7.1.7
you do not meet the requirements in relation to your medical fitness to fly;

7.1.8
you present a ticket that has been acquired unlawfully or by fraudulent means (for example stolen credit or debit card), or has been reported as being lost or stolen, is a counterfeit, forged or falsified or you cannot prove that you are the person named on the ticket;

7.1.9
you have failed to comply with the requirements concerning coupon sequence and use, or you present a ticket which has been issued or altered in any way, other than by us or our authorised agent, or the ticket is mutilated;

7.1.10
you fail to observe our instructions with respect to safety or security;

7.1.11
you use threatening, abusive, insulting or indecent words or behaviour or manner to any person, including ground staff, members of crew or other passengers prior to or during any of the operations of embarkation on your flight, or disembarkation from a connecting flight, or on board the aircraft before take-off;

7.1.12
you appear in our exclusive opinion, not to meet visa requirements or not to have valid or lawfully acquired travel documents or you have acquired them by fraudulent means or your destroy your travel documents aboard the aircraft or between the check-in and boarding, or you refuse to allow us to copy your travel documents, or you refuse to surrender your travel documents;

7.2 REIMBURSEMENT OF COSTS

If you are refused carriage for any of the reasons set out above, you will reimburse us for any costs we incur resulting from:
(a) repair or replacement of property lost, damaged or destroyed by you;
(b) compensation we have to pay to any passenger or crew member affected by your actions; and
(c) delaying the aircraft for the purpose of removing you and/or your baggage. 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.

7.3 FITNESS TO FLY
7.3.1
Before boarding the aircraft for carriage you must be reasonably satisfied that you are medically fit to fly. If you have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication) it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight (as the case may be) and that you will be able to produce any written evidence of your fitness to fly required by these Conditions of Carriage.

7.3.2
If doubt exists about your fitness to fly, you may not be accepted for carriage unless you have produced to us no later than 48 hours before flight a medical report from an appropriately qualified doctor, bearing a date no more than 10 days before your flight, which confirms your fitness to travel on all flights on which you intend to travel.

7.3.3
Permission to fly is required from our Control office at least 48 hours before your flight (or such shorter period as we in our absolute discretion may decide if it appears to us that you may have a disease which meets any of the following criteria.
a) which is believed to be actively contagious or communicable and life threatening to other passengers or crew; or
b) which may cause or induce unusual behaviour, or a physical condition, which could have an adverse effect on the welfare and comfort of other passengers or crew members; or
c) which is considered to be a potential hazard to the safety of the flight; or
d) which may cause the flight to be diverted or perform an unscheduled stop?

7.4 CARRIAGE OF PREGNANT PASSENGERS AND NEWBORN CHILDREN
7.4.1
If you are pregnant we will carry you as mentioned below only if you produce to us a medical report or letter, signed by an appropriately qualified doctor or midwife, stating your due date, and confirming that your pregnancy is uncomplicated. The report or letter should also advise us of the latest date up to which you are expected to be fit to travel. In addition, you will require prior clearance from our medical department for travel as follows:
- up to 36 weeks for domestic travel
- up to 34 weeks for international travel

7.4.2
Carriage of new born infants will not be permitted until 7 days after delivery.

7.5 SPECIAL ASSISTANCE

7.5.1
Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, and persons with illness or other people requiring special assistance is subject to prior arrangement with us.

7.5.2
Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements, but our regulations or government regulations may apply to the transport of such passengers.

7.5.3
Special assistance passengers may not be seated near an Emergency Exit.

7.6 PASSENGER REIMBURSEMENT OF MEDICAL EXPENSES

7.6.1
If you are taken ill aboard the aircraft due to a condition pre-existing the flight (regardless of whether or not you were aware of it) or due to your pregnancy, you will pay to us the cost of expenses paid by us in treating you aboard an aircraft, transporting you on the ground, or paying for treatment provided by a third party.

7.6.2
You will also pay any costs we have incurred in diverting an aircraft to seek medical assistance if you have contravened Articles 7.3, or 7.4 or 7.5. We may apply towards payment due to us from you the value of any unused carriage on your ticket or unused credits to your account with us or any of your funds in our possession.

7.7 CARRIAGE OF UNACCOMPANIED CHILDREN

7.7.1
You will not be accepted for carriage if you are under 5 years of age on the date the flight commences unless you are accompanied by an escort aged 16 years or older. If you are under 5 years of age, we can arrange for an escort, provided we receive 24 hours or more notice prior to travel and an extra charge is paid for such escort by the parent / guardian.

7.7.2
If you are 5 years of age, but under 12 years of age on the date the flight commences, you will not be accepted for carriage unless the following conditions are met in full:

(a) you are accompanied at check-in by a parent, guardian or adult responsible for you who remains in the airport with an allocated member of our staff until you have boarded the aircraft and it has taken-off from the airport, and who can prove also to us that you will be met at the destination airport or Stopover airport by another parent, guardian or adult responsible for you (with full details of that person’s identity) and into whose custody you can be delivered.

(b) you have a confirmed reservation for your flight and it is not anticipated by us that the flight will terminate at a place other than its destination or make an unexpected stop at any other place due to weather or other operational conditions.

7.8 ON BOARD SERVICES
For operational reasons, we do not make any guarantees about the provision/availability of in-flight equipment, special meals or any other type of meals. We do not guarantee that special meals will always conform to their exact description. This is because they have been prepared by third parties to our order. We do not accept requests for nut free meals and we do not guarantee that the environment aboard our aircraft will be nut or nut produce free.

7.9 GROUND SERVICES

We do not make any guarantees about the provision/availability of equipment and services on the ground at airports including airport lounges. We do not guarantee that ground services will always conform to their exact description. This is because some services are provided by third parties to our order.

7.10 OVERLOADING

If we believe that our aircraft weight limitation or seating capacity would otherwise be exceeded, we will decide with our reasonable discretion which passengers and baggage shall be carried.

article 8 - baggage

8.1 GENERAL

8.1.1
Whilst we will make every attempt to ensure your baggage is handled with care, you should know that Airlink’s liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges paid.

8.1.2
The extent of airline liability is not based on the weight of the bag nor its value. Airlink does not accept liability for fragile, valuable, perishable articles or baggage which is packed in damaged or unsuitable containers.

8.1.3
Airlink does not take responsibility for items that are valuable, perishable or fragile in checked baggage such as money, passports, PC equipment, electronic devices, cellphones, business documents, jewellery, perfumes, CD’s, DVD’s, cameras etc.

We strongly recommend that you obtain adequate travel insurance cover prior to your journey.

8.1.4
To comply with health and safety requirements we can no longer accept any single item of baggage that exceeds 32kg in weight, except for e.g. musical instruments, electric wheelchairs, pets as baggage, sporting equipment, TV news cameras etc. This relates only to single items and does not affect the overall baggage allowance as shown on the ticket.

8.2 FREE BAGGAGE ALLOWANCE

You may carry some baggage free of extra charge as shown in your ticket or E-ticket receipt/itinerary. Refer to www.flysaa.com for the current baggage policy.

8.3 EXCESS BAGGAGE

You will have to pay an extra charge for carriage of baggage in excess of your free baggage allowance as follows:

a) DOMSTIC within South Africa, checked baggage ZAR20.00 per kilogram plus VAT and sporting equipment ZAR14.00 per kilogram plus VAT.
b) REGIONAL / INTERNATIONAL 1.5% of the highest adult one-way economy class fare.

8.4 ITEMS YOU MUST NOT CARRY IN YOUR BAGGAGE

8.4.1
There are certain items which you must not include in your baggage. Set out below are prohibitions applicable to checked and unchecked baggage. If you fail to comply with any of the applicable rules you and/or your baggage will be refused carriage. In addition, you will not be entitled to claim compensation if any prohibited item wrongfully included in baggage sustains damage or causes damage to your baggage.

8.4.2
You must not include any of the following items in your unchecked baggage or your checked baggage:

a) Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations, and in our related Regulations. If you are not familiar with those rules and regulations, please ask us for details;

b) Items which are prohibited from being carried by applicable laws, regulations, orders or governmental policy of any state to be flown from or to;

c) Items which are reasonably considered by us to be unsuitable for carriage because they are dangerous or unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, for example, the type of aircraft being used. Please ask us about any concerns you may have about the suitability of your baggage before you arrive at the airport;

d) Items attracting any form of duty if you are travelling as an unaccompanied child under the age of 16; or

e) War material. Please ask us if you have any doubt about whether any item constitutes war material.

8.4.3

You must not include in checked baggage fragile or perishable items, valuable items (including, for example, money, jewellery, precious metals), computers, personal electronic devices, stored data, any medication or medical equipment which may be required in-flight or during your trip or which cannot be quickly replaced if lost or damaged, house or car keys, valuable documents (including, for example, business documents, passports and other identification documents, negotiable papers, securities deeds) or samples.

8.4.4
You must not include in your unchecked baggage:

a) Real, replica or toy weapons, arms and ammunition, explosives or anything containing explosives (for example, Christmas crackers, fireworks or fire crackers) and incendiary materials; knives of any kind/type/shape or size; letter openers; metal cutlery; catapults; slingshots, razor blades and straight razor blades (excluding safety razors and accompanying cartridge blades); tradesmen’s tools; darts; scissors; nail files; hypodermic needles and syringes (unless required for medical reasons and accompanied by a medical certificate confirming the medical condition necessitating carriage); knitting needles; corkscrews; sporting bats and clubs (including, for example, baseball and softball bats, golf clubs, cricket bats but excluding tennis, badminton and squash racquets); hard sporting balls (including, for example, cricket, field, hockey or billiard, snooker or pool balls); billiard, snooker or pool cues; martial arts devices.

b) Any article which in our opinion or the opinion of airport security personnel, might be used as, or adapted for use as, a weapon with the potential to cause injury or incapacitation or to represent any other security or safety threat.

8.4.5 If an item of unchecked baggage becomes checked baggage (whether at your request or because we require it), you must immediately remove from it all items which are prohibited from inclusion in checked baggage.

8.4.6
We are not responsible for any item removed from your checked baggage or unchecked baggage and retained by airport security personnel. It is your responsibility to check the security requirements applicable to your flight and departure airport prior to travel and, if personal items are removed from your baggage by airport security personnel, it is your responsibility to ensure that you obtain a receipt from the airport security personnel and make arrangements for collection of such items.

8.5 FIREARMS AND DANGEROUS ITEMS

8.51
As of 01 November 2007, NO firearms may be transported on an Airlink aircraft.

From 1 November 2007, hunting rifles and shotguns will be transported to and from the following destinations only:


If you wish to carry Rifles and shotguns as checked baggage it is your responsibility to inform yourself of, and ensure that you have obtained, all required clearances from the government authorities of the country of departure and the country of destination before commencing your carriage.

8.5.2
Rifles and shotguns will not be accepted as checked baggage, unless approved by us no less than 3 days before your flight. Rifles must be unloaded with the safety catch on, and suitably packed and accompanied by all documents legally required by the countries of departure, destination and any stopovers. Carriage of ammunition is subject to ICAO and IATA regulations. Ammunition will never be carried in the cabin or cockpit of the aircraft.

8.5.3
Weapons such as, for example, antique firearms, swords, knives, toy or replica guns, bows and arrows and similar items may be accepted as checked baggage only at our discretion, subject to prior approval by us, but will not be permitted in the cabin or cockpit of the aircraft.

8.5.4
We will have no liability or responsibility where any item accepted under Articles 8.4.2 and/or 8.4.3 is removed from your checked baggage and/or retained or destroyed by security personnel, government officials, airport officials, police or military officials or other airlines involved in your carriage.

8.6 RIGHT TO REFUSE CARRIAGE OF BAGGAGE

8.6.1
We will refuse to carry baggage which contains any of the items described in Article 8.3.2 (and Article 8.3.4 in the case of Unchecked Baggage only), regardless of whether and when we are told, or discover, the presence of any such items.

8.6.2
We will refuse to accept baggage for carriage if we decide that it is unsuitable for carriage, whether because of its size, shape, appearance, weight, content, character, or for safety or operational reasons, or for the comfort of other Passengers. If you have any doubt about particular items, please ask for guidance from us or our Authorised Agents.

8.6.3
We may refuse to accept baggage for carriage if we decide that it is not properly and securely packed in suitable containers. If you ask us, we will give you information about packing and containers acceptable to us.

8.7 RIGHT TO SEARCH, SCREEN AND X-RAY

8.7.1
For reasons of safety, health and security, and to check that you are not carrying in your baggage any items prohibited by these Conditions of Carriage, we may search, screen and x-ray your baggage. We will try to search your baggage while you are present, but if you are not readily available we may search it in your absence. If you do not let us conduct all such searches, scans and x-rays, we will refuse to carry you and your baggage.

8.7.2
You must allow security checks of your baggage by government officials, airport officials, police or military officials and other airlines involved in your carriage.

8.7.3
If a search, screen or x-ray causes damage to your baggage, we will not be liable for the damage unless it was caused solely by our negligence.

8.7.4
Please note that the security authorities of some countries require that checked baggage is secured in such a manner that it can be opened without the possibility of causing damage in the absence of the passenger. It is your responsibility to make yourself aware of and comply with any such requirements.

8.8 CHECKED BAGGAGE

8.8.1
You must fasten a tag, or secure a sticker or a business card with your name, full address and a telephone number at which we can contact you, to and again inside each item of checked baggage.

8.8.2
When you check-in checked baggage, we will give you a Baggage Identification tag for each piece of your checked baggage.

8.8.3
Checked baggage will normally be carried on the same aircraft as you, but it may be necessary sometimes for it to be carried on another aircraft (for example, for safety, health, security, operational reasons, or due to the size or weight of the checked baggage, or non-compliance with relevant parts of these Conditions of Carriage).

If we carry your checked baggage on another flight, we will deliver it (provided it wasn’t excess or sufficient connecting time for transfer baggage) to the address you have provided, unless the law at the place of collection requires you to be present at the airport of arrival for customs clearance or the reason for carriage on another aircraft related to the size or weight of the Checked Baggage or non-compliance with relevant parts of these Conditions of Carriage.

8.8.4
Unless we decide that your checked baggage will not be carried on the same flight as you, we will not carry your checked baggage if you fail to board the aircraft on which it is loaded or, having boarded, you leave the aircraft before takeoff or at a point of transit, without re-boarding.

8.8.5
We will only carry your excess baggage on the same flight as you if there is suitable space available on the aircraft and you have paid the applicable extra charge for carriage of baggage in excess of your free baggage allowance.

8.8.6
You must ensure that your checked baggage is sufficiently robust and well secured to withstand the usual and normal rigours of carriage by air without sustaining damage (except for fair wear and tear).

8.9 UNCHECKED BAGGAGE

8.9.1
Each passenger (except infants not occupying a seat) is entitled to carry ONE bag in the cabin with total dimensions of 115cm and 8kg weight. All unchecked baggage must be small enough to fit under the seat in front of you or inside the overhead storage compartments in the cabin of the aircraft. If your unchecked baggage is too big to be stored in this way, or is of excessive weight or considered unsafe for any reason, you must check it in for carriage as checked baggage and pay any excess baggage charges if your free baggage allowance has already been used up by other checked baggage.

8.9.2
If you have a highly valuable item, a musical instrument or diplomatic bag which you wish to carry with us as unchecked baggage but it exceeds our size or weight limitations, you must purchase one or more additional seats (subject to availability) for the purpose of storing such permitted item next to you during your flight. We will not carry as unchecked baggage any other type of item which exceeds our size or weight limitations.

8.10 COLLECTION AND DELIVERY OF CHECKED BAGGAGE

8.10.1
Unless Article 8.7.3 requires us to deliver your checked baggage to you, you must collect your checked baggage as soon as it is made available at your destination or stopover. If you do not collect it within a reasonable time, we may charge you a storage fee. If your checked baggage remains unclaimed for 3 months after it is made available at your destination or stopover, we may dispose of it and retain for our benefit any proceeds of the disposal without notice or liability to you.

8.10.2
Only the person holding the baggage check and the baggage identification tag can claim a piece of checked baggage. We accept no responsibility for checking the identity or authority of the person holding the baggage check or for checking that he/she has any right to collection.

8.10.3
If the person claiming a piece of checked baggage cannot produce the required Baggage claim tag, that person must prove that the baggage is his or hers before we will allow collection. We accept no responsibility for making anything other than limited enquiries of the person claiming the baggage when assessing the right to collection.

8.11 ANIMALS
We will not accept an animal for carriage unless you have applied for, and obtained, our prior approval and you meet all of the following conditions and our applicable Regulations:

8.11.1
The animal must be properly crated (with necessary supplies of food and water) by you in a suitable container for carriage in the cargo hold of an aircraft in accordance with all applicable legal requirements.

8.11.2
The animal is accompanied by, and we are shown, valid health and vaccination certificates, entry permits, transit permits, exit permits and other documents required by countries of departure, entry or transit.

8.11.3
You have paid the charges applicable to containers with animals inside, unless the animal is a service animal.

8.11.4
We will not be responsible for its loss, injury, sickness or death unless caused solely by our negligence.

8.11.5
If an animal is carried by us without being accompanied by all the certificates and permits required we will have no liability to you for any loss you may suffer and you will pay or reimburse us (on request) for any fines, costs, losses or liabilities imposed on or incurred by us as a result of the absence of one or more required certificates or permits.

article 9 - schedules

9.1 GENERAL

9.1.1
The flight times and flight durations shown in our timetables may change between the date of publication (or issue) and the date you actually travel. We do not guarantee flight times and flight durations to you and they do not form part of your contract of carriage with us.

9.1.2
Before we accept your booking, we or our Authorised Agent will tell you about the departure time of your flight and it will be shown on your Ticket or e-Ticket Receipt/Itinerary. We may need to change the departure time of your flight time and/or the departure or destination airport after your Ticket or e-Ticket Receipt/Itinerary has been issued. It is your responsibility to give us or our Authorised Agent contact information so that we or that Authorised Agent can try to notify you of any such change. If the change is not acceptable to you, and we are unable to reserve space for you in your ticketed class of service on an alternate flight which is acceptable to you, you will be entitled to an involuntary refund in accordance with Article 10.2. Apart from this, we will have no liability to you for any loss or expense whatsoever.

9.2 REMEDIES FOR CANCELLATION, REROUTING AND DELAYS FOR TECHNICAL OR OPERATIONAL REASONS CAUSED BY AIRLINK

9.2.1
Sometimes delays in departure times and the time taken for an aircraft to fly to a destination occur because of circumstances beyond our control (for example, air traffic control delays or strikes). We will take all reasonable measures necessary to avoid delay in carrying you and your baggage. These measures may include using an alternative aircraft or arranging for a flight to be operated for us by an alternative airline.

9.2.2
You will be entitled to choose one of the following three available remedies if we cancel a flight due to:


with us or with another airline for which you hold a through confirmed ticket (with a planned connection time of 24 hours or less) and adequate time existed to make the connection after the scheduled time of arrival of your flight. The three available remedies for you to choose from are available without extra charge and are set out below. See also Article 9.2.3 for limitations on your rights and our liability.

  1. Remedy One - we will carry you as soon as we can on another of our flights on which space is available and, where necessary, extend the period of validity of your ticket to cover that carriage.
  2. Remedy Two - we will re-route you under comparable transport conditions to the destination shown on your ticket on another of our flights or on the flight of another airline, or by other mutually agreed means. Should there be no reasonable flight available to get you to your ticketed destination, we will re-route you to the closest possible alternative destination in agreement with you. Any ground services from there will be for the passenger’s expense (this should be claimed from your travel insurance). This includes technical and schedule changes.
  3. Remedy Three - we will give you an involuntary refund in accordance with Article 10.2.

Where a flight has been cancelled or is subject to a long delay exceeding 2 hours, passengers are entitled to refreshments (excluding alcohol) and a two minute telephone call or a fax or e-mail.

Should you have to overnight we will also offer you suitable hotel accommodation for the first 24 hours only and transport between the airport and place of accommodation.

9.2.3
The three remedies above do not affect any rights you may have under Article 15.6. Those remedies and rights represent the sole and exclusive remedies and rights available to you if your carriage is affected by one of the events listed in Article 9.2.2.

9.3 WEATHER DELAYS

9.3.1
There will be times when we will experience uncontrollable delays caused by adverse weather conditions which are unavoidable. Due to safety aspects a flight will be either cancelled or have to return to airport of departure. Airlink is not legally obliged to cover any customer expenses that arise as a result of the delay or disruption.

9.3.2
Airlink does not assume liability for any connections. Neither will we be held liable for any hotel, meals or surface transport costs arising there from. The same applies to a flight having to divert back to base of origin. Should the flight be cancelled we will endeavour to assist you on a later flight subject to availability.

9.4 DENIED BOARDING

9.4.1
If we cannot carry you on a flight for which you have a confirmed reservation and you have met all applicable check-in and boarding deadlines, we will carry you on another of our flights. We shall provide compensation to those passengers denied boarding in accordance with our denied boarding policy.

9.4.2
Alternatively, you may choose to receive an involuntary refund in accordance with Article 10.2. This Article will not apply if we refuse to carry you for reasons permitted by these Conditions of Carriage (see, for example, Articles 6.4, 7, 8.6.1, 11.4.2, 11.4.3, 13.1.6 and 13.6).

9.4.3
Apart from your rights under this Article, we will have no liability to you for any loss or expense whatsoever.

article 10 - refunds

10.1 GENERAL

10.1.1
We will refund the fare paid for your ticket, or any unused part of it, together with applicable taxes, fees, charges and exceptional circumstances surcharges in accordance with our fare rules and tariffs and the following additional rules:

10.1.2
Unless we say otherwise, we will make a refund only to the person who has paid for the ticket, provided we are given proof of identification and payment.

10.1.3
Unless the claim for a refund concerns a lost ticket, we will pay a refund only if you give us your ticket and all unused Flight Coupons and the Passenger Coupon. This requirement will not apply where your ticket is an Electronic Ticket.

10.2 INVOLUNTARY REFUNDS

10.2.1
Fare refunds will be calculated according to Articles 10.2.1(a) and 10.2.1(b) if we cancel a flight, fail to operate a flight reasonably according to schedule, or fail to carry you on a flight for which you have a confirmed reservation and have met the applicable check-in deadline and boarding deadline and you have not been refused carriage for reasons permitted by these Conditions of Carriage. The same method of calculation will apply if we fail to stop at your destination or Stopover, or cause you to miss a connecting flight in circumstances where you hold a confirmed reservation and adequate time existed to make the connection between the originally scheduled time of arrival of your flight and the departure time of the connecting flight.

In all of those situations, the refund will be:


10.2.2
We will pay a refund according to Article 10.2.1(b) if we refuse you carriage for any of the reasons set out in Article 7.1, except that you will not be entitled to any refund for the flight for which you were refused carriage. Apart from this, we will have no liability to you for any loss or expense whatsoever. Also see Article 7.2 which permits us to use the value of any unused carriage on your ticket to reimburse costs payable by you.

10.2.3
We will pay a refund according to Article 10.2.1(b) if we terminate your carriage for any of the reasons set out in Article 11.4 (unacceptable behaviour aboard aircraft) before it is completed, except that you will not be entitled to any refund for the flight during which the unacceptable behaviour occurred. Apart from this, we will have no liability to you for any loss or expense whatsoever. See also Article 11.4.4, which permits us to use the value of any unused carriage on your ticket to pay sums due to us from you.

10.3 VOLUNTARY REFUNDS

10.3.1
If a refund of the fare for your ticket is due for reasons other than those set out in Article 10.2, the refund will be:


10.4 REFUND ON LOST TICKET

10.4.1
If you lose your ticket or part of it and provide us with satisfactory proof of that loss and pay any applicable administration fee(s), we will pay a refund as soon as possible after the validity period of the ticket expires or 6 months, whichever is the later. We will only do this if:


10.5 RIGHT TO REFUSE REFUND

10.5.1
We will not give a refund if application for the refund is made more than 2 years from the date of issue of the original ticket.

10.5.2
We will not give a refund on a ticket if, when you arrived in a country, you presented the ticket to us or to government officials as evidence of your future intention to depart from that country, unless you can prove to us that you have permission to remain in the country or that you will leave the country on another airline or by another means of transport.

10.5.3
We will not give a refund on a ticket if it has been stamped by a governmental organisation as "Not to be Refunded" or if the ticket is a replacement for a lost or mutilated ticket which was stamped as "Not to be Refunded" by a governmental organisation, unless you prove to us that you have permission of that governmental organisation to receive a refund.

10.5.4
We will not give a refund on a ticket for any flight on which you have been refused carriage (for any of the reasons set out in Article 7.1) or from which you have been removed (for any of the reasons set out in Articles 11.1 to 11.3).

10.6 CURRENCY
We will pay refunds in the same form and currency that was used to pay for your ticket.

10.7 BY WHOM TICKET REFUNDABLE
We will pay a voluntary refund on a ticket only if we or our Authorised Agents issued the ticket.

10.8 LIMITATION OF YOUR RIGHTS
Unless we state otherwise in these Conditions of Carriage, the refund rights set out in this Article 10 represent your only rights against us if your carriage does not take place for any reason whatsoever. This means that we will have no other liability to you for any loss or expense whatsoever.

article 11 - conduct aboard aircraft

11.1 GENERAL

At all times during your carriage, you have a duty to behave in a manner which is not likely to:


11.2 ON BOARD ALCOHOL
You are not allowed to consume alcohol aboard an aircraft (whether purchased as duty free from us or someone else or otherwise obtained) unless it has been served to you by us. We have the right, at any time for any reason, to refuse to serve alcohol or to withdraw alcohol which has been served.

11.3 SMOKING POLICY
Smoking is not permitted on any of our flights.

11.4 BREACH OF DUTY
If we reasonably believe that you have failed to fully observe all of the duties placed on you by Articles 11.1 to 11.3:

article 12 - services provideed by third parties

12.1
If we arrange for another company to provide you with surface carriage or other services (for example, ground transfer, hotel reservation or accommodation or car rental) or if we issue you with a ticket or voucher relating to any such surface carriage or other services, we are acting only as your agent in making those arrangements or issuing the ticket or voucher. The terms and conditions of the company providing those services will apply to you.

12.2
We will have no liability to you regarding any surface carriage or other services we arrange for you which are to be provided by another company unless caused solely by our negligence. See Articles 7.8 and 7.9 for other provisions concerning services provided by third parties.

article 13 - travel documents, customs and security inspections

13.1 GENERAL

13.1.1
You are responsible for obtaining and holding all of the travel documents you need for any country you are visiting (even as a transit Passenger).

13.1.2
You must obey all laws, regulations, orders, and other requirements of all countries you will exit, enter, or through which you will transit during your journey.

13.1.3
For details of required travel documents, we advise you to contact the embassy, consulate or other relevant body of all relevant countries prior to making your booking and at the time of making your booking. If you are not travelling immediately, we advise you to contact the same bodies again before you commence travel to ensure that the requirements which are applicable to you have not changed and that your travel documents remain valid for all flights, destinations and planned stopovers.

13.1.4
If requested, you must present to us all passports, visas, health certificates and other travel documents needed for your journey, permit us to take photocopies of those documents or deposit those documents with a member of our flight crew aboard your aircraft for safe keeping during a flight against issue to you of a receipt. We have the right to require you to present to us any of these documents at any time before or during your carriage.

13.1.5
We will not be liable to you if you do not have all passports, visas, health certificates and other travel documents needed for your journey or if any of those documents are out of date or if you have not obeyed all laws, regulations, orders, and other requirements of all countries you will exit, enter, or through which you will transit during your journey.

13.1.6
We will not accept you or your baggage for carriage if your visas or travel documents do not appear to be in order or if you have not complied with the other requirements of this Article 13.1. We have the right to refuse carriage in this way even if you have started or completed part of your carriage before it becomes clear to us (whether as a result of operation of Article 13.1.4 or otherwise) that you have not complied with Article 13.1.

13.2 REFUSAL OF ENTRY
If you are refused entry to a country (including a country you transit through while en route to your destination), you must reimburse us in full on request any fine, penalty or charge assessed against us by the government concerned (including detention costs) as well as the fare for transporting you, and an escort if required, from that country. We will not refund to you the fare paid for carriage to the airport where you were refused entry.

13.3 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS AND OTHER CHARGES
You must reimburse us in full on request the amount of any fine, penalty, detention costs, deportation or removal expenses, escorting charges (if any), cost of ticket(s) issued for you, or any other expenditure we incur because you have failed to comply with any laws, regulations, orders or other travel requirements of the country you have travelled to or because you have failed to produce the required travel documents on seeking entry to a country or you have been refused admission into the country. We may use the value of any unused carriage on your Ticket or any of your funds in our possession to pay sums due to us from you.

13.4 RETURN OF CONFISCATED TRAVEL DOCUMENTS
We will not be liable to you for the return of any of your travel documents, identification documents or tickets confiscated by a governmental or other authority.

13.5 CUSTOMS INSPECTION
If required, you will attend inspection of your baggage by customs or other government officials. We will not be liable to you for damage suffered by you in the course of such inspection or as a result of your failure to attend.

13.6 SECURITY INSPECTION
You must allow security checks, searches and scans of your person by us, our handling agents, government officials, airport officials, police or military officials and other airlines involved in your carriage. If you do not allow all such security checks, searches and scans to be conducted, we will refuse to carry you and your baggage. See also Article 8.6 for security checks on your baggage.

article 14 - successive airlines

Where your carriage is to be performed by us and other airlines in succession under one ticket, or a conjunction ticket, it is likely to be regarded as a single operation for the purposes of the Warsaw Convention and the Montreal Convention. See Article 15.2 for limitations of our liability for such carriage.

article 15 - liability for damage

15.1 GENERAL
Our liability will be determined by applicable law and these Conditions of Carriage. Where other airlines are involved in your journey, their liability will be governed by applicable law and, unless these Conditions of Carriage state otherwise, their conditions of carriage. Applicable law may comprise the Warsaw Convention or the Montreal Convention and/or laws which apply in individual countries. The Warsaw Convention and the Montreal Convention apply to international carriage as defined in those Conventions. Provisions concerning our liability are set out in Articles 15.2 to 15.6.

15.2 SCOPE OF LIABILITY
We will be liable only for damage occurring during carriage performed by us, or in relation to which we have a legal liability to you. Where we issue a ticket for carriage by another airline, or we check-in your baggage for carriage by another airline, we do so only as agent for that airline.

15.3 GENERAL LIMITATION

15.3.1
Wherever the Warsaw Convention or the Montreal Convention applies to your carriage, our liability will be subject to the rules and limitations of the applicable Convention.

15.3.2
We will be wholly or partly exonerated from liability to you for damage if we prove that the damage was caused or contributed to by your negligence or other wrongful act or omission.

15.3.3
We may be wholly or partly exonerated from liability to you for damage if we prove that the damage did not result from our negligence, or that it resulted from the negligence of a third party, or that we took certain measures to avoid the damage or that it was impossible to take such measures.

15.3.4
We will not be liable for any damage arising from our compliance with applicable local law or government rules and regulations or from your failure to comply with the same, except as may be provided by the Warsaw Convention or the Montreal Convention.

15.3.5
Except where we state otherwise in these Conditions of Carriage, we will be liable to you only for compensatory damages you are entitled to recover for proven losses and costs under the Warsaw Convention or the Montreal Convention or local laws which may apply.

15.3.6
Your contract of carriage with us (including these Conditions of Carriage and all applicable exclusions and limits of liability) applies for the benefit of our Authorised Agents, servants, employees and representatives to the same extent as they apply to us. As a result, the total amount recoverable from us and our Authorised Agents, servants, employees and representatives will not be more than our own liability, if any.

15.3.7
Nothing in these Conditions of Carriage:


15.4 DEATH OR INJURY OF PASSENGERS
Our liability for damage sustained by you, in the event of death, wounding or other bodily injury caused by an accident is subject to the rules and limitations of applicable law as well as the following supplementary rules:

15.4.1
Our liability for proven damages will not be subject to any financial limit, be it defined by law, the Warsaw Convention or otherwise;

15.4.2
For any proven damages up to the National Currency Equivalent of 100,000 SDRs, any defence based on proof that we and our agents have taken all necessary measures to avoid the damage, or that it was impossible for such measures to have been taken, will not apply to us;

15.4.3
We agree to make advance payments to you or your heirs subject to the following terms and conditions:


15.5 BAGGAGE

15.5.1
We will not be liable for damage to unchecked baggage unless we caused the damage by our negligence.

15.5.2 We will not be liable for damage to baggage resulting 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 under 8.7.6 regarding the suitability of your baggage for transportation by air.

15.5.3
We are not liable for damage to any item included in your baggage which you are prohibited from including in your baggage under 8.3 and 8.4. including FRAGILE or PERISHABLE ITEMS, VALUABLE ITEMS (for example, money, jewellery, precious metals), computers, personal electronic devices, stored data, any medication or medical equipment which may be required in-flight or during your trip or which cannot be quickly replaced if lost or damaged, house or car keys, valuable documents (for example, business documents, passports and other identification documents, negotiable papers, securities deeds) or samples.

15.5.4
Our liability for damage to baggage is limited to the maximum amounts stated in Articles 15.5.4(a) to (e) unless you prove that the damage resulted from our act or omission either done with the intention of causing damage or recklessly and with knowledge that damage would probably result. You may wish to buy yourself insurance to cover instances where the actual value or replacement cost of your checked baggage or unchecked baggage exceeds our liability.


15.5.5
We will increase our liability to you for Damage to Checked Baggage to an amount specified by you and agreed by us at the time you hand your Checked Baggage to us at check-in, but only if you pay to us an additional charge calculated in accordance with our Regulations. This is known as a “special declaration of value”. Please ask us for details of the applicable charges if you want to use this option.

15.5.6
If the weight of your checked baggage is not recorded on the baggage check, we will presume that it is not more than the free baggage allowance for the class of carriage for which you were booked.

15.5.7
Where carriage of your Baggage is performed by successive airlines and either the Warsaw Convention or the Montreal Convention applies to that carriage, you are entitled to make a claim against us if we are the first or last airline in that carriage, even if the Damage to the Baggage did not occur during carriage by us.

15.6 DELAY IN THE CARRIAGE OF PASSENGERS
Our liability for damage caused by delay in your carriage by air is limited by the Warsaw Convention and the Montreal Convention. Where neither of those Conventions applies, we will have no liability to you for delay, except as provided in these Conditions of Carriage.

15.7 ADVICE TO INTERNATIONAL PASSENGERS ON LIMITATION OF LIABILITY

15.7.1
Where your journey involves an ultimate destination or stop in a country other than the country of origin, you are advised that the Warsaw Convention or the Montreal Convention may be applicable to your entire journey, including any section entirely within the country of origin or destination.15.7.2

15.7.2
Where the Montreal Convention is applicable, the airline is liable for proven damages for death or personal injury, and certain defences to liability specified by that Convention will be inapplicable for damages not exceeding the National Currency Equivalent of 100,000 SDRs.

15.7.3
Where the Montreal Convention is not applicable, the conditions of carriage of many airlines provide that the 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 SDRs, any defence to liability based on proof that they have taken all necessary measures will not apply. Where no such provisions are included in the airline’s conditions of carriage, please note that; (i) for such Passengers on a journey to, from or with an agreed stopping place in the USA, the Warsaw Convention and special contracts of carriage embodied in applicable Tariffs provide that the liability of certain airlines, parties to such special contracts, for death of or personal injury to Passengers is limited in most cases to proven damages not to exceed US$75,000 per Passenger, and that this liability up to such limit will not depend on negligence on the part of the airline; and (ii) for such Passengers travelling by an airline 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 USA, the liability of the airline for death or personal injury to Passengers is limited in most cases to US$10,000 or US$20,000; and (iii) some countries impose higher limits than those stated in (i) and (ii).

15.7.4
The names of airlines or parties to such special contracts of the type mentioned in (i) above, are available at all ticket offices of such airlines and may be examined on request.

15.7.5
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the airline’s liability under the Warsaw Convention or the Montreal Convention or such special contracts of carriage of the type mentioned in (i) above. For further information, please consult your airline or insurance company representatives.

15.7.6
Note: The limit of liability of US$75,000 specified in (i) above of this Article 15.7 is inclusive of legal fees and costs except that, in case of a claim brought in a state where a provision is made for separate award of legal fees and costs, the limit will be the sum of US$58,000 exclusive of legal fees and costs.

article 16 - time limits and processing of baggage claims

16.1 TIME LIMIT FOR BAGGAGE CLAIMS

16.1.1
If you receive checked baggage without complaint, the absence of complaint will be sufficient evidence that the checked baggage was received in good condition unless you prove otherwise.

16.1.2
If you want to claim compensation from us for damage to checked baggage, you must notify us as follows.


16.2 PROCESSING OF BAGGAGE CLAIMS

16.2.1
All claims for compensation for Damage to Baggage must be accompanied by an itemised list identifying each affected item by description, manufacturer and age, together with proof of purchase or ownership for all such items. Proof of purchase will not be required in relation to any item which costs less than US$5 (or National Currency Equivalent), or is more than 5 years old and has a claims value of less than US$50 (or National Currency Equivalent).

16.2.2
In the case of a compensation claim concerning physical damage to Baggage, you must retain and, if requested by us, let us examine the affected baggage so that we may assess the nature, extent and repairability of that damage.

16.2.3
If you wish to claim the cost of replacement of an individual item which forms part of a claim for compensation for damage to baggage, you must consult us before you incur such cost otherwise we may not include the cost in any compensation payable. This requirement will not apply where the total cost of replacement items does not exceed US$50 or the National Currency Equivalent. Proof of purchase of all replacement items must accompany your claim. Proof of purchase will not be required in relation to any item which costs less than US$5 (or National Currency Equivalent).

16.2.4
For all claims for compensation concerning Baggage, you must provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.

16.2.5
If required by us, you will sign a statement of truth regarding the facts of your claim for Damage to Baggage before we pay any compensation to you.

16.2.6
Failure by you to fully comply with the relevant requirements of Article 16.2 may adversely affect the amount of any compensation to which you may be entitled.

16.3 TIME LIMIT FOR ALL ACTIONS FOR DAMAGES

You will have no right to compensation for any Damage if an action is not brought within 2 years of the date of your arrival at the place of destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.

article 17 - our regulations

Some aspects of your carriage may be governed by our Regulations in addition to these Conditions of Carriage. Wherever applicable, you must obey our Regulations (but see Article 2.4 for what happens if these Conditions of Carriage are inconsistent with any of our Regulations). We have Regulations concerning, for example, unaccompanied children, pregnant women, disabled passengers, sick passengers, carriage of animals (including service animals), restrictions on use of electronic devices on board aircraft, forbidden items in baggage and limits on the size and weight of baggage.

article 18 - interpretation

18.1
We will use reasonable efforts to make correct decisions about the interpretation of applicable laws, regulations, orders or governmental policy for the purposes of Articles 7.1 (our right to refuse carriage), and 11.1.1 (your conduct aboard aircraft). Sometimes such decisions may have to be made in circumstances where limited time is available and no proper opportunity exists to carry out any or sufficient enquiries. As a result, any such decision made by us will be final and binding on you even if subsequently proved to be incorrect, provided that at the time we made our decision we had reasonable grounds for believing that it was correct.

18.2
Where we expressly state in these Conditions of Carriage that you must comply with applicable law or applicable governmental, ICAO or IATA requirements, you must make sure that you comply with such applicable law or requirements at all times and especially on the date or dates of your carriage.

18.3
All dates and periods of time referred to in these Conditions of Carriage will be ascertained in accordance with the Gregorian calendar.

18.4
The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.