Conditions of carriage
General conditions of carriage (Passenger and Baggage) - Flybe Limited
ARTICLE 1 - WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
As you read these conditions, please note that: "We", "our" "ourselves" and "us" means
Flybe Limited.
"You", "your" and "yourself" means
any person, except members of the crew, carried or to be carried in an aircraft
pursuant to a Ticket. (See also definition for "Passenger").
"AGREED STOPPING PLACES" means those places, except the place
of departure and the place of destination, set out in the Ticket or shown
in our timetables as scheduled stopping places on your route.
"AIRLINE DESIGNATOR CODE" means the two characters or three
letters which identify particular air carriers.
"AUTHORISED AGENT" means a passenger sales agent whom we
have appointed to represent us in the sale of air transportation on our services.
"BAGGAGE" means your personal property accompanying you in
connection with your trip. Unless otherwise specified, it consists of both
your Checked and Unchecked Baggage.
"BAGGAGE CHECK" means those portions of the Ticket which
relate to the carriage of your Checked Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely
for identification of Checked Baggage.
"CHECKED BAGGAGE" means Baggage of which we take custody
and for which we have issued a Baggage Check.
"CHECK-IN DEADLINE" means the time limit specified by the
airline by which you must have completed check-in formalities and received
your boarding pass.
"CONDITIONS OF CONTRACT" means those statements contained
in or delivered with your Ticket or Itinerary/Receipt, identified as such
and which incorporate, by reference, these Conditions of Carriage and notices.
"CONJUNCTION TICKET" means a Ticket issued to you with relation
to another Ticket which together constitute a single contract of carriage. "CONVENTION" means
whichever of the following:
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below as the Warsaw Convention
- the Warsaw Convention as amended at The Hague on 28 September 1955;
- the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975);
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975);
- the Guadalajara Supplementary Convention (1961);
- the Montreal Convention (1999)
"COUPON" means a paper Flight Coupon or an Electronic Coupon,
each of which entitles the named passenger to travel on the particular flight
identified on it.
"DAMAGE" includes death, wounding, or bodily injury to a
Passenger, loss, partial loss, theft or other damage to baggage, arising out
of or in connection with carriage on flights we operate or other services
we provide.
"DAYS" mean 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. For the purpose of determining validity
of a Ticket, we will not count the day on which the Ticket was issued, or
the first flight commenced.
"ELECTRONIC COUPON" means an electronic flight coupon or
other value document held in our database.
"ELECTRONIC TICKET" means the Itinerary/Receipt issued by
us or on our behalf, the Electronic Coupons and, if applicable, a boarding
document.
"FLIGHT COUPON" means that portion of the Ticket that bears
the notation "good for passage," or in the case of an Electronic Ticket, it
means the Electronic Coupon, and indicates the particular places between which
you are entitled to be carried.
"FORCE MAJEURE" means unusual and unforeseeable events beyond
your control, the consequences of which could not have been avoided even if
all due care had been exercised.
"ITINERARY/RECEIPT" means a document or documents we issue
to Passengers travelling on Electronic Tickets that contains the Passenger's
name, flight information and notices.
"PASSENGER" means any person, except members of the crew,
carried or to be carried in an aircraft pursuant to a Ticket. (See also definition
for "you", "your" and "yourself").
"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion
of the Ticket issued by us or on our behalf, which is so marked and which
is to be retained by you.
"SPECIAL DRAWING RIGHTS" are an international unit of account,
defined by the International Monetary Fund, based upon the values of several
leading currencies. The currency values of the Special Drawing Right fluctuate
and are re-calculated each banking day.
"STOPOVER" means a scheduled stop on your journey, at a point
between the place of departure and the place of destination.
"TARIFF" means the published fares, charges and/or related
Conditions of Carriage of an airline filed, where required, with the appropriate
authorities.
“THROUGH FARE” means a single ticket for a passenger’s continuous
journey that involves connecting transportation on two or more flights, where
baggage is checked in at departure and only collected at the ultimate destination.
"TICKET" means either the document entitled "Passenger Ticket
and Baggage Check" or the Electronic Ticket, in each case issued by us or
on our behalf, and includes the Conditions of Contract, notices and Coupons.
"UNCHECKED BAGGAGE" means any of your Baggage other than
Checked Baggage.
“WEBSITE” means the internet site http://www.flybe.com/ provided
by us for the purpose of Passengers making online reservations.
ARTICLE 2 - APPLICABILITY
2.1 General
Except as provided in Articles 2.2 and 2.4, our Conditions of Carriage
apply only on those flights, or flight segments, which are operated by us
or sold by us to you as principal and to any case where we have a legal liability
to you in respect of your flight.
2.2 Charter operations
If carriage is performed pursuant to a charter agreement, these Conditions
of Carriage apply only to the extent they are incorporated by reference or
otherwise, in the charter agreement or the Ticket.
2.3 Code shares
On some services we may have arrangements with other carriers known
as "Code Shares". This means that even if you have a reservation with us
and hold a ticket with our name or airline designator code for the flight,
another carrier may operate the aircraft. If such arrangements apply we will
advise you of the carrier operating the aircraft at the time you make a reservation.
2.4 Overriding law
2.4.1 If these Conditions of Carriage are inconsistent
with our Tariffs or applicable law, the Tariffs or law shall prevail. 2.4.2 If
any provision of these Conditions of Carriage is invalid under any applicable
law, the other provisions will remain valid.
2.5 Conditions prevail over other regulations
Except as provided in these Conditions of Carriage, in the event
of inconsistency between on the one hand these Conditions of Carriage and
on the other our Flight Information available on our Website or Passenger
Charter, or any other regulations we may have, these Conditions of Carriage
shall prevail.
ARTICLE 3 - TICKETS
3.1 General provisions
3.1.1 We will provide carriage only to the Passenger
named in the Ticket, and you will be required to produce appropriate identification. 3.1.2 Tickets
are not transferable unless we agree and the applicable fee is paid. 3.1.3 Some
Tickets are sold at discounted fares which may be partially or completely
non-refundable. You should choose the fare best suited to your needs. You
may also wish to ensure that you have appropriate insurance to cover instances
where you have to cancel your Ticket. 3.1.4 If you have
a non-refundable Ticket (as described in 3.1.3 above) that is unused due to
Force Majeure, we will provide you with a credit of the non-refundable amount
of the fare, for future travel on us, subject to deduction of a reasonable
administration fee if you advise Flybe’s Customer Call centre within 24 hours
of your scheduled flight and furnish evidence of such Force Majeure. 3.1.5 The
Ticket is and remains at all times the property of the issuing airline. 3.1.6 You
will not be entitled to be carried on a flight unless you present either: 3.1.6.1 a
valid Ticket containing the Flight Coupon for that flight and all other unused
Flight Coupons and the Passenger Coupon; or 3.1.6.2 positive
identification and a valid Electronic Ticket that has been duly issued in
your name. 3.1.7 You shall not be entitled to be carried
if the Ticket presented is mutilated or if it has been altered otherwise than
by us or our Authorised Agent. 3.1.8 A ticket is valuable
and you should take appropriate measures to safeguard it and ensure it is
not lost or stolen.
3.2 Replacement Tickets
3.2.1 If your Ticket (or part of it) becomes lost or
mutilated or if you fail to present a Ticket containing the Passenger Coupon
and all unused Flight Coupons, we will replace such Ticket (or part of it)
by issuing a new Ticket, if: 3.2.1.1 You provide evidence
that you had been issued a valid Ticket by us or our Authorized Agent
for the flight(s) in question; and
3.2.1.2 You sign an agreement to reimburse us, up to
the value of the original Ticket, for losses and/or expenses reasonably incurred
by us or our Authorized Agent arising from misuse of the Ticket unless such
losses/expenses result from our or our Authorized Agent’s negligence. 3.2.2 We
may charge you a reasonable administration fee for reissuing the Ticket, unless
the loss or mutilation was due to our negligence or negligence on the part
of our Authorized Agent. 3.2.3 If you cannot prove that
you had a valid Ticket or you do not sign an agreement (as mentioned in Article
3.2.1.2) you may be required to pay up to the full Ticket price for a replacement
Ticket, subject to refund if and when we are satisfied that the Ticket has
not been used before the expiry of its validity or if, upon finding the original
Ticket before the expiry of its validity, you surrender it to us or our Authorized
Agent.
3.3 Period of validity
3.3.1 Except as otherwise provided in the Ticket, these Conditions
of Carriage, or in applicable Tariffs (in which case the limitation will be
shown on the Ticket), a Ticket is valid for: 3.3.1.1 one
year from the date of issue; or 3.3.1.2 subject to the
first travel occurring within one year from the date of issue, one year from
the date of first travel under the Ticket. 3.3.2 If
you are prevented from travelling within the period of validity of the Ticket
because we are unable to confirm a reservation at the time you request a reservation,
the validity of such Ticket will be extended, or you may be entitled to a
refund in accordance with Article 10. 3.3.3 If you become
ill after the commencement of your journey and you are prevented from travelling
within the period of validity of the Ticket, we may extend the period of validity
of your Ticket until either the date when you become fit to travel; or our
first available flight after such date in the class of service for which the
fare has been paid from the point where the journey is resumed. You
must provide us with a medical certificate stating the facts relating to your
illness and confirming the date that you will be fit to travel again. 3.3.4 When
the flight coupon(s) or electronic coupon remaining in the Ticket involve
one or more Stopovers, the validity of such Ticket may be extended for not
more than three months from the date shown on the medical certificate. In
such circumstances, we will similarly extend the period of validity of Tickets
of other members of your immediate family accompanying you. 3.3.5 In
the event of death of a Passenger en route, the Tickets of persons accompanying
that Passenger may be modified by waiving the minimum stay or extending the
validity. In the event of a death in the immediate family of a Passenger
who has commenced travel, the validity of that Passenger's Tickets and those
of his or her immediate family who are accompanying the Passenger may likewise
be modified. Any such modification shall be made upon receipt of a valid death
certificate and any such extension of validity shall not be for a period longer
than forty-five (45) Days from the date of the death.
3.4 Coupon sequence and 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 via any Agreed Stopping
Places to the final destination. The fare you have paid is based upon our
Tariff and is for the transportation as shown on the Ticket. The Ticket
will not be honoured and will lose its validity if all the Coupons are not
used in the 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. 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 your fare. 3.4.3 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 you have 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. 3.4.4 Some types
of changes will not result in a change of fare, but 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 special 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. 3.4.5 Each Flight Coupon contained in your Ticket
will be accepted for carriage 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. 3.4.6 If
you do not show up for any flight without advance notice to us, we will cancel
your return or onward reservations.
3.5 Name and address of carrier
Our name may be abbreviated to our Airline Designator Code, or otherwise,
in the Ticket. Our address is: Jack Walker House, Exeter International Airport,
Devon, EX5 2HL.
ARTICLE 4 - FARES, TAXES, FEES AND CHARGES AND CURRENCY
4.1 Fares
Fares apply only for carriage from the airport at the point of origin
to the airport at the point of destination, unless otherwise agreed by us. Fares
do not include ground transport service between airports and between airports
and town terminals. Your fare will be calculated in accordance with our Tariff
in effect on the date of payment of your ticket for travel on the specific
dates and itinerary shown on it. Should you change your itinerary or dates
of travel, this may impact the fare to be paid.
4.2 Taxes, fees and charges
4.2.1 You are required to pay any applicable taxes, fees and
charges (“TF&Cs”) imposed by government, other authority or the operator
of an airport. You will be advised of TF&Cs not included in the fare at
the time you purchase your Ticket and these will normally be shown separately
on the Ticket. 4.2.2 The TF&Cs imposed on air travel
are constantly changing and can be imposed after the date of Ticket issuance.
If there is an increase in any of the TF&Cs shown on the Ticket, or a
new TF&C is imposed, even after Ticket issuance, you will be obliged to
pay it. Similarly, in the event any TF&Cs paid by you to us at the time
of Ticket issuance are abolished or reduced so that they no longer apply to
you, or a lesser amount is due, you will be entitled to claim a refund from
us. 4.2.3 If you do not use your Ticket or any part
of it, you are entitled to claim a refund of any TF&Cs relating to the
unused part which you paid, less a reasonable service charge.
4.3 Currency
Fares and TF&Cs are payable in the currency of the country in
which the Ticket is issued, unless another currency is indicated by us or
our Authorised Agent at or before the time payment is made (for example, because
of the non-convertibility of the local currency). We may at our discretion,
accept payment in another currency.
ARTICLE 5 - RESERVATIONS
5.1 Reservation requirements
5.1.1 We or our Authorised Agent will record your reservation(s).
Upon request we will provide you with written confirmation of your reservation(s). 5.1.2 Certain
fares have conditions which limit or exclude your right to change or cancel
reservations.
5.2 Ticketing time limits
If you have not paid for the Ticket prior to the specified ticketing
time limit, as advised by us or our Authorised Agent, we may cancel your reservation.
5.3 Personal data
5.3.1 You agree that personal data given to us by you
may be used for the purposes of: making a reservation, purchasing a Ticket,
obtaining ancillary services, developing and providing services, facilitating
immigration and entry procedures, and making available such data to government
agencies, and communicating with you in connection with your travel. For these
purposes, you authorise us to retain and use such data and to transmit it
to our own offices, Authorised Agents, government agencies, carriers or the
providers of the above-mentioned services. 5.3.2 Third
party advertisers may use information about your visits to our website, but
unless you are otherwise notified by us and you consent, they will not use
any information that can be linked to you as an identifiable person.
5.4 Seating
We will endeavour to honour advance seating requests, but we cannot
guarantee any particular seat and we reserve the right to assign or reassign
seats at any time, even after boarding of the aircraft. This may be
necessary for operational, safety or security reasons.
5.5 Reconfirmation of reservations
5.5.1 Onward or return reservations may be subject to the requirement
to reconfirm the reservations within specified time limits. We will advise
you when we require reconfirmation, and how and where it should be done. 5.5.2 If
reconfirmation is required and you fail to do so, we may cancel your onward
or return reservations. We will reinstate your reservations and transport
you if you notify us and there is space on the flight in the same class of
fare. If there is no available space, we will use reasonable efforts to transport
you to your next or final destination. 5.5.3 You should
check the reconfirmation requirements of any other carriers involved in your
journey. Where it is required, you must reconfirm with the carrier whose Airline
Designator Code appears for the flight in question on the Ticket.
5.6 Cancellation of onward reservations
If you do not show up for any flight without advising us in advance,
we will cancel your return or onward reservations. However, if you advise
us in advance, we will not cancel your subsequent flight reservations.
ARTICLE 6 - CHECK-IN AND BOARDING
6.1 Check-in deadlines
6.1.1 Check-in Deadlines are different at every airport and
we recommend that you inform yourself about these times and honour them. 6.1.2 We
or our Authorised Agents will advise you of the Check-in Deadline for your
first flight on us. Check-in Deadlines for our flights can also be found on
our Website, or may be obtained from us or our Authorised Agents. 6.1.3 Your
journey will be smoother if you allow yourself ample time to check-in. We
reserve the right to cancel your reservation if you do not comply with the
Check-in Deadlines at the applicable airport.
6.2 You must be present at the boarding gate no later than the time specified by us when you check in.
6.3 We reserve the right to cancel the space reserved for you if you fail to arrive at the boarding gate in time.
6.4 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 6.
ARTICLE 7 - REFUSAL AND LIMITATION OF CARRIAGE
7.1 Right to refuse carriage.
7.1.1 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. 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: 7.1.1.1 such action is necessary in order to
comply with any applicable government laws, regulations, or orders; 7.1.1.2 the
carriage of you or your Baggage may endanger or affect the safety, health,
or materially affect the comfort of other passengers or crew; 7.1.1.3 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; 7.1.1.4 your
possession of drugs without accompanying medical certificate; 7.1.1.5 you
have refused to submit to a security check out on you or your baggage or have
refused to give information to us which a government authority has asked us
to provide about you; 7.1.1.6 you have not paid the
applicable fare, taxes, fees or charges; 7.1.1.7 you
do not have or appear to have valid travel documents; 7.1.1.8 you
seek or we believe that you will seek to enter a country in which you have
landed as a transit passenger, or for which you do not have valid travel documents; 7.1.1.9 you
destroy your travel documents during flight or refuse to surrender your travel
documents to the flight crew, against receipt, when so requested; 7.1.1.10 you
present a Ticket that has been acquired unlawfully, has been purchased from
an entity other than us or our Authorised Agent, or has been reported as being
lost or stolen, is a counterfeit, or you cannot prove that you are the person
named in the Ticket or you fail to present your Ticket or boarding pass or
your travel documents to us when reasonably asked to do so; 7.1.1.11 you
have failed to comply with the requirements set forth above 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; 7.1.1.12 you
fail to observe our instructions with respect to safety or security; 7.1.1.13 you
have made a hoax bomb threat; 7.1.1.14 you have refused
to allow us to photocopy your travel documents when so requested; 7.1.1.15 you
have failed to complete the check-in process by the Check-in Deadline or you
fail to arrive at the boarding gate on time; 7.1.1.16 you
have previously committed one of the acts or omissions referred to in sub-paragraphs
7.1.1.1 to 7.1.1.13, and we have reason to believe that such conduct may be
repeated.
7.2 Consequences of refusal to carry or removal of passenger
If we have, in the exercise of our reasonable discretion, refused
to carry you, or removed you en route, for any of the reasons mentioned in
Article 7.1, then we may cancel any remaining unused portion
of the Ticket. You will not be entitled to further carriage or to any refund
with respect to any of the sectors covered by the Ticket and we will not be
liable for any consequential loss or damage alleged due to any such refusal
to carry or removal en route.
7.3 Special assistance
7.3.1 Acceptance for carriage of unaccompanied children, incapacitated
persons, pregnant women, persons with illness or other persons requiring special
assistance is subject to prior agreement by us or our Authorized Agent. 7.3.2 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.
ARTICLE 8 - BAGGAGE
8.1 Baggage allowance
8.1.1 You may carry onboard some Unchecked Baggage, free of
charge, subject to our conditions and limitations, which are available upon
request from us or our Authorised Agents. 8.1.2 All
Checked Baggage is subject to a fee, the level of which depends on whether
you have pre booked the baggage or if you make the booking arrangements at
the airport at the time you check-in. Specific rates are available upon
request from us or our Authorised Agents. The Checked Baggage rates
apply for the first 20 kg of your Checked Baggage (which may include multiple
items). Any Checked Baggage in excess of 20 kg will be charged at Excess
Baggage rates in accordance with 8.2 below. Separate
charges will apply for carriage of sporting goods and exceptional items.
These rates are available on our website or from us upon request.
8.2 Excess baggage
8.2.1 You will be required to pay a charge for carriage of Baggage
in excess of the baggage allowance. These rates are available from us upon
request. 8.2.2 Excess baggage will only be carried subject
to space and weight being available on the flight. If excess baggage
is not carried on the same flight, it will be forwarded to the ticketed destination
airport as soon as possible. Flybe reserves the right to ask passengers
to collect such items on their arrival.
8.3 Items unacceptable as Baggage
8.3.1 Information about unacceptable items is available upon
request. If we discover that you are carrying forbidden items, we will refuse
to carry them and possibly you. For example, you must not include in
your Baggage (whether as checked or unchecked Baggage) items: 8.3.1.1 which
are likely to endanger the aircraft or persons or property on board the aircraft,
such as those specified in the International Civil Aviation Organisation (ICAO)
Technical Instructions for the Safe Transport of Dangerous Goods by Air and
the International Air Transport Association (IATA) Dangerous Goods Regulations,
and in our regulations; 8.3.1.2 which are prohibited
from being carried by the applicable laws, regulations or orders of any state
to be flown from or to; 8.3.1.3 which are reasonably
considered by us to be unsuitable for carriage because they are dangerous,
unsafe or by reason of their weight, size, shape or character, or which are
fragile or perishable having regard to, among other things, the type of aircraft
being used; 8.3.1.4 such as firearms and ammunition
other than for hunting and sporting purposes. Weapons including antique
firearms, swords, knives and similar items may be accepted as Checked Baggage,
at our discretion, but will not be permitted in the cabin of the aircraft. Firearms
and ammunition for hunting and sporting purposes may be accepted as Checked
Baggage. Firearms must be unloaded with the safety catch on, and suitably
packed. Carriage of ammunition is subject to ICAO and IATA regulations as
specified above;
8.4 Items unacceptable as Checked Baggage
You must not include in your Checked Baggage fragile or perishable
items or items having a special value including but not limited to the following
items: money, credit cards, jewellery, precious metals; computers; personal
electronic devices; negotiable papers, securities, or other valuables, business
documents, passports and other identification documents, samples, works of
art, house keys or car keys, cameras, or human remains, including ashes.
8.5 No liability for loss or damage
If, despite being prohibited, any items referred to in Article 8.3
and 8.4 are included in your checked or unchecked Baggage, as set out above,
we shall not be responsible for any loss or damage to such items.
8.6 Right to Refuse Carriage of Baggage
8.6.1 We will refuse to carry as Baggage the items described
in Articles 8.3 and 8.4, and we may refuse further carriage of any such items
upon discovery. 8.6.2 We may refuse to carry as Baggage
any item reasonably considered by us to be unsuitable for carriage because
of its size, shape, weight, content, character, or for safety or operational
reasons, or the comfort of other passengers. 8.6.3 We
may refuse to accept Baggage for carriage unless it is in our opinion properly
and securely packed in suitable containers. Information about acceptable packing
and containers is available upon request.
8.7 Right of search
8.7.1 For reasons of safety and security we may request that
you permit a search and scan of your person and a search, scan or x-ray of
your Baggage. If you are not available, your Baggage may be searched in your
absence for the purpose of determining whether you are in possession of or
whether your Baggage contains any item described in Article 8.3 or 8.4 or
any firearms, ammunition or weapons, which have not been presented to us in
accordance with Article 8.3. 8.7.2 If you are unwilling
to comply with a search and scan of your person and/or Baggage we may refuse
to carry you and your Baggage. In the event a search or scan causes Damage
to you, or an x-ray or scan causes Damage to your Baggage, we shall not be
liable for such Damage unless due to our fault or negligence.
8.8 Checked baggage
8.8.1 Upon check-in of your checked Baggage we shall take custody
of it and we will issue a Baggage Identification Tag for each piece. 8.8.2 Checked
Baggage must have your name or other personal identification affixed to it. 8.8.3 Checked
Baggage will, whenever possible, be carried on the same aircraft as you, unless
we decide for safety, security or operational reasons to carry it on an alternative
flight. Subject to 8.2.2, if your Checked Baggage is carried
on a subsequent flight we will deliver it to you, unless applicable law requires
you to be present for customs clearance.
8.9 Unchecked baggage
8.9.1 We may set maximum dimensions and/or weight for unchecked
Baggage. All unchecked Baggage must fit under the seat in front of you or
in an enclosed storage compartment in the cabin of the aircraft. If your unchecked
Baggage cannot be stored in this manner, or is of excessive weight, or is
considered unsafe for any reason, you must check it in as Checked Baggage,
subject to Articles 8.2 and 8.3. 8.9.2 Objects which
we deem are not suitable for carriage in the cargo compartment (such as delicate
musical instruments), and which do not meet the requirements in 8.7.1 above,
will only be accepted for carriage in the aircraft cabin if we conclude that
the item can be carried safely and such items are properly packaged. You must
give us notice and obtain our approval in advance. You may have to pay a separate
charge for this service.
8.10 Collection and delivery of checked baggage
8.10.1 Subject to Article 8.6.3, you must collect your Checked
Baggage as soon as it is made available at your destination or Stopover. If
you fail to collect it within a reasonable time, we may charge you a storage
fee. Should your Checked Baggage not be claimed within three (3) months of
the time it is made available, we may dispose of it without any notice or
liability to you. 8.10.2 Only the bearer of the
Baggage Check and Baggage Identification Tag is entitled to delivery of the
Checked Baggage. 8.10.3 If a person claiming Checked
Baggage is unable to produce the Baggage Check and identify the Baggage by
means of a Baggage Identification Tag, we will deliver the Baggage to such
person only on condition that he or she establishes to our satisfaction his
or her right to the Baggage.
8.11 Animals
8.11.1 Cats and Dogs.
Subject to our agreement, carriage of cats and dogs on flights as
cargo may be available, and if so will be charged the applicable cargo rate
(with possible additional documentation required and handling fees applicable
at the airports of origin and destination) if the following conditions are
satisfied:- 8.11.1.1 booking confirmation being received
prior to shipment of the animal; 8.11.1.2 payment of
charges at the applicable cargo rate; 8.11.1.3 presentation
of a valid health certificate issued by a vet; and
8.11.1.4 the animal is at least 12 weeks of age.
8.11.2 Assistance Dogs
Assistance dogs may be carried within the cabin on domestic UK flights
only. Assistance dogs may be carried as cargo on international flights. Where
permitted, Assistance dogs accompanying Passengers with disabilities will
be carried free of charge in addition to the normal free baggage allowance,
subject to conditions specified by us, which are available on request.
8.11.3 Other Animals
Carriage of other animals may be available upon written agreement
by us in advance of the flight. Further details are available on request.
8.11.4 Right of Refusal.We reserve the right, at our absolute discretion, to refuse to carry any animals. All carriage is in accordance with the conditions of carriage detailed in the current edition of the IATA Live Animals Regulations.
8.11.5 Limitation of Liability
8.11.5.1 Where carriage is not subject to the liability
rules of the Convention, we are not responsible for injury to or loss, delay
sickness or death of an animal which we have agreed to carry unless caused
by our negligence. 8.11.5.2 We will have no liability
in respect of any animal not having all the necessary exit, entry, health
and other documents with respect to the animal's entry into or passage through
any country, state or territory and the person shipping the animal must reimburse
us for any fines, costs, losses or liabilities reasonably imposed or incurred
by us as a result.
8.12 Items removed by airport security personnel
8.12.1 We will not be responsible for, or have any liability
in respect of, articles removed from your Baggage by airport security personnel
acting in accordance with any applicable regulations, whether or not such
items are subsequently retained or destroyed by such airport security personnel
or are passed by them to us.
8.13 Human remains policy
8.13.1 Human remains will be accepted for carriage as cargo
only where we have agreed in advance and the remains are securely packaged
in an appropriate container. 8.13.2 The carriage of
human ashes is accepted subject to our regulations. A copy of the death
certificate and cremation certificate should accompany the ashes, which must
be securely packaged in an appropriate vessel and contained within the passenger’s
hand baggage. Handling agents should be advised that ashes are accompanying
the passenger upon check in.
ARTICLE 9 - SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS
9.1 Schedules
9.1.1 The flight times shown in timetables may change between
the date of publication and the date you actually travel. We do not guarantee
them to you and they do not form part of your contract with us. 9.1.2 Before
we accept your booking, we will notify you of the scheduled flight time in
effect as of that time, and it will be shown on your Ticket. We may need to
change the scheduled flight time subsequent to issuance of your Ticket. If
you provide us with contact information, we will endeavour to notify you of
any such changes. If, after you purchase your Ticket, we make a significant
change to the scheduled flight time, which is not acceptable to you, and we
are unable to book you on an alternate flight which is acceptable to you,
you will be entitled to a refund in accordance with Article 10.2. 9.1.3 We
will take all reasonably necessary measures to avoid delay in carrying you
and your Baggage.
9.2 Cancellation and Denied Boarding
9.2.1 To prevent a flight cancellation, in exceptional circumstances
we may arrange for a flight to be operated on our behalf by an alternative
carrier and/or aircraft. 9.2.2 If your flight is cancelled
or we are unable to provide previously confirmed space, we shall provide compensation
and assistance to those Passengers affected in accordance with applicable
law.
ARTICLE 10 - REFUNDS
10.1 Entitlement to Refund
10.1.1 We will refund a Ticket or any unused portion, in accordance
with the applicable fare rules or Tariff, as follows: 10.1.1.1 Except
as otherwise provided in this Article, we will make a refund either to the
person who has paid for the Ticket, upon presentation of satisfactory proof
of such payment; 10.1.1.2 If a Ticket has been paid
for by a person other than the Passenger named in the Ticket, and the Ticket
indicates that there is a restriction on refund, we shall make a refund only
to the person who paid for the Ticket. 10.1.3 Except
in the case of a lost Ticket, refunds will only be made on surrender to us
of the Ticket and all unused Flight Coupons.
10.2 Involuntary refunds
10.2.1 If we cancel a flight, fail to operate a flight reasonably
according to schedule, fail to stop at your destination or Stopover, or cause
you to miss a connecting flight on which you hold a Through Fare, the amount
of the refund shall be: 10.2.1.1 if no portion of the
Ticket has been used, an amount equal to the fare paid; 10.2.1.2 if
a portion of the Ticket has been used, not less than the difference between
the fare paid and the applicable fare for travel between the points for which
the Ticket has been used.
10.3 Voluntary refunds
10.3.1 If you are entitled to a refund of your Ticket for reasons
other than those set out in 10.2, the amount of the refund shall be: 10.3.1.1 if
no portion of the Ticket has been used, an amount equal to the fare paid,
less any reasonable service charges or cancellation fees; 10.3.1.2 if
a portion of the Ticket has been used, an amount equal to the difference between
the fare paid and the applicable fare for travel between the points for which
the Ticket has been used, less any reasonable service charges or cancellation
fees.
10.4 Refund on lost ticket
10.4.1 If you lose your Ticket or portion of it, upon furnishing
us with satisfactory proof of the loss, and payment of a reasonable administration
charge, refund will be made as soon as practicable after the expiry of the
validity period of the Ticket, on condition: 10.4.1.1 that
the lost Ticket, or portion of it, has not been used, previously refunded
or replaced (except where the use, refund or replacement by or to a third
party resulted from our own negligence); 10.4.1.2 that the
person to whom the refund is made undertakes, in such form as may be prescribed
by us, to repay to us the amount refunded in the event of fraud and/or to
the extent that the lost Ticket or portion of it is used by a third party
(except where any fraud or use by a third party resulted from our own negligence). 10.4.2 If
we or our Authorised Agent lose the Ticket or a portion of it, we will be
responsible for any loss.
10.5 Right to refund
10.5.1 We may refuse a refund where application is made after
the expiry of the validity of the Ticket. 10.5.2 We
may refuse a refund on a Ticket which has been presented to us, or to Government
officials, as evidence of intention to depart from that country, unless you
establish to our satisfaction that you have permission to remain in the country
or that you will depart from that country by another carrier or another means
of transport. 10.5.3 We may refuse a refund in the circumstances
mentioned in Article 7.2.
10.6 Currency
We reserve the right to make a refund in the same manner and the
same currency used to pay for the Ticket.
10.7 By whom ticket refundable
Voluntary refunds will be made only by the carrier which originally
issued the Ticket or by its Authorized Agent.
ARTICLE 11 - CONDUCT ABOARD AIRCRAFT
11.1 General
If, in our reasonable opinion, you conduct yourself aboard the aircraft
so as to endanger the aircraft or any person or property on board, or obstruct
the crew in the performance of their duties, or fail to comply with any instructions
of the crew including but not limited to those with respect to smoking, alcohol
or drug consumption, or behave in a manner which causes discomfort, inconvenience,
damage or injury to other passengers or the crew, we may take such measures
as we deem reasonably necessary to prevent continuation of such conduct, including
restraint. You may be disembarked and refused onward carriage at any point,
and may be prosecuted for offences committed on board the aircraft.
11.2 Payment of diversion costs
If, as a result of conduct as described in Article 11.1, we decide
to divert the aircraft for the purpose of offloading you, you must pay all
costs resulting from that diversion.
11.3 Electronic devices
For safety reasons, we may forbid or limit operation aboard the aircraft
of electronic equipment, including, but not limited to, cellular telephones,
laptop computers, portable recorders, portable radios, CD players, electronic
games or transmitting devices, including radio controlled toys and walkie-talkies.
Operation of hearing aids and heart pacemakers is permitted.
ARTICLE 12 - ARRANGEMENTS FOR ADDITIONAL SERVICES
12.1 If we make arrangements for you with any third party to provide services other than carriage by air, or issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, we are acting only as your agent. The terms and conditions of the third party service provider will apply.
12.2 These Conditions of Carriage will be applicable in whole or in part to surface transportation provided by us unless we notify you otherwise.
ARTICLE 13 – TRAVEL DOCUMENTS, ENTRY REQUIREMENTS, CUSTOMS INSPECTION & SECURITY SCREENING
13.1 General
13.1.1 You are responsible for obtaining all required travel
documents and visas and for complying with all laws, regulations, orders,
demands and travel requirements of countries to be flown from, into or through
which you transit. 13.1.2 We shall not be liable for the
consequences to any Passenger resulting from his or her failure to obtain
such documents or visas or to comply with such laws, regulations, orders,
demands, requirements, rules or instructions.
13.2 Travel documents
Prior to travel, you must present all exit, entry, health and other
documents required by law, regulation, order, demand or other requirement
of the countries concerned, and permit us to take and retain copies thereof.
We reserve the right to refuse carriage if you have not complied with these
requirements, or your travel documents do not appear to be in order.
13.3 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.
13.4 Passenger responsible for fines, detention costs, etc.
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.
13.5 Customs inspection
If required, you shall attend inspection of your Baggage, by customs
or other Government officials. We are not liable to you for any loss or damage
suffered by you in the course of such inspection or through your failure to
comply with this requirement.
13.6 Security inspection
You shall submit to any security checks by Governments, airport officials,
carriers or by us.
ARTICLE 14 - SUCCESSIVE CARRIERS
Carriage to be performed by us and other carriers under one Ticket or a Conjunction Ticket is regarded as a single operation for the purposes of the Convention. However, your attention is drawn to Article 15.5.1.
ARTICLE 15 - LIABILITY FOR DAMAGE
15.1 Applicability
The liability of each carrier involved in your journey will be determined
by its own conditions of carriage. Our liability provisions are as follows:
15.2 Applicable rules
Unless otherwise provided in this Article, carriage is subject to
the liability rules of the Convention and Regulation (EC) No 2027/97
(as amended by Regulation
(EC) No 889/2002).
15.3 Death of or injury to passengers
15.3.1 Our liability for damages sustained in the event of death,
wounding or any other bodily injury by a Passenger in the event of an accident
shall not be subject to any financial limit, be it defined by law, convention
or contract. 15.3.2 The obligation of insurance set
out in Article 7 of Council Regulation (EEC) 2407/92 shall be understood as
requiring that we shall be insured up to the limit of liability set out in
Article 15.3.3 below, and after that up to a reasonable level. 15.3.3 For
any damages up to the sum of the equivalent of 100,000 Special Drawing Rights,
we shall not exclude or limit our liability. 15.3.4 Notwithstanding
the provisions of Article 15.3.3, if we prove that the damage was caused by,
or contributed to by, the negligence of the injured or deceased Passenger,
we may be exonerated wholly or partly from our liability in accordance with
applicable law. 15.3.5 We shall, without delay, and in any
event not later than fifteen days after the identity of the natural person
entitled to compensation has been established, make such advance payments
as may be required to meet immediate economic needs on a basis proportionate
to the hardship suffered. 15.3.6 Without prejudice to Article
15.3.5, an advance payment shall not be less than the equivalent of 16,000
Special Drawing Rights per Passenger in the event of death. 15.3.7 An
advance payment shall not constitute recognition of liability and may be offset
against any subsequent sums paid on the basis of our liability, but is not
returnable, except in the cases described in Article 15.3.4 or in circumstances
where it is subsequently proved that the person who received the advance payment
caused, or contributed to, the damage by negligence or was not the person
entitled to compensation. 15.3.8 We are not responsible for
any illness, injury or disability, including death, attributable to your physical
condition or for the aggravation of such condition.
15.4 Baggage
15.4.1 We will not be liable for damage to unchecked Baggage
unless such damage is caused by our negligence. 15.4.2 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 as provided by the Convention,
to a maximum of 1,000 Special Drawing Rights per passenger unless a higher
value is declared to us at check-in of the Baggage concerned and a supplementary
sum paid if required by us, in which case our liability shall be limited to
such higher declared value (subject to such higher sum being limited to the
Passenger’s actual interest in delivery at destination). 15.4.3 If
in accordance with applicable law different limits of liability are applicable
such different limits shall apply. 15.4.4 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. 15.4.5 We shall have no liability whatsoever
for damage to articles not permitted to be contained in Baggage under Article
8.3 and Article 8.4, including fragile or perishable items and items having
a special value.
15.5 General
15.5.1 If we issue a ticket or if we check Baggage for carriage
on another carrier, we do so only as agent for the other carrier. Nevertheless,
with respect to checked Baggage, you may make a claim against the first or
last carrier. 15.5.2 We are not liable for any damage
arising from our compliance with or your failure to comply with applicable
laws or Government rules and regulations. 15.5.3 Except as
may be specifically provided otherwise in these Conditions of Carriage or
by applicable law, we shall be liable to you only for recoverable compensatory
damages for proven losses. 15.5.4 The contract of carriage,
including these Conditions of Carriage and exclusions or limits of liability,
applies to our authorised agents, servants, employees and representatives
to the same extent as it and they apply to us. The total amount recoverable
from us and from such authorised agents, employees, representatives and persons
shall not exceed the amount of our own liability, if any. 15.5.5 Nothing
in these Conditions of Carriage shall waive any exclusion or limitation of
our liability under the Convention or applicable laws unless otherwise expressly
stated. 15.5.6 Nothing in these Conditions of Carriage shall
waive any exclusion or limitation of our liability or any defence available
to us under the Convention or applicable laws as against any public social
insurance body or any person who is liable to pay compensation or has paid
compensation in respect of the death, wounding or other bodily injury of a
Passenger.
ARTICLE 16 - TIME LIMITATION ON CLAIMS AND ACTIONS
16.1 Notice of claims
16.1.1 Acceptance of Baggage by the bearer of the Baggage Check
without complaint at the time of delivery is sufficient evidence that the
Baggage has been delivered in good condition and in accordance with the contract
of carriage, unless you prove otherwise. If you wish to file a claim or an
action regarding Damage to Checked Baggage, you must notify us as soon as
you discover the Damage, and at the latest, within seven (7) Days of receipt
of the Baggage. If you wish to file a claim or an action regarding delay of
Checked Baggage, you must notify us within twenty-one (21) Days from the date
the Baggage has been placed at your disposal. Every such notification must
be made in writing.
16.2 Limitations of action
16.2.1 Any right to damages shall be extinguished if an action
is not brought within two years of the date of arrival at destination; or
the date on which the aircraft was scheduled to arrive, or the date on which
the carriage stopped. 16.2.2 The method of calculating
the period of limitation shall be determined by the law of the court where
the case is heard.
ARTICLE 17 - OTHER CONDITIONS
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They may concern among other things: the carriage of unaccompanied minors, pregnant women, passengers with limited mobility and sick passengers; restrictions on use of electronic devices and items; and the on board consumption of alcoholic beverages. A copy of any of these regulations is available from us upon request.
ARTICLE 18 - INTERPRETATION
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.
ARTICLE 19 – CHOICE OF LAW AND JURISIDCTION
Unless otherwise provided by the Convention or any applicable law, Government regulations, orders or requirements, these Conditions of Carriage and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of England and any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
Loganair Conditions of Carriage
The Conditions of Carriage for all flights operated by Loganair can be found at http://www.loganair.co.uk/xtra_files/cocfbe.pdf
