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: New Walker Hangar, Exeter International Airport, Clyst Honiton, Exeter, Devon EX5 2BA.

 

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 all bags up to your stated baggage allowance (which may include multiple items).  Any Checked Baggage in excess of your stated baggage allowance 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 transaction 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.

Stobart Air

 

FOR FLYBE FLIGHTS OPERATED BY STOBART AIR - General Conditions of Carriage

Loganair

FOR FLYBE FLIGHTS OPERATED BY LOGANAIR - General Conditions of Carriage

Blue Islands

FOR FLYBE FLIGHTS OPERATED BY BLUE ISLANDS - General Conditions of Carriage

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