Article 1-What particular expressions mean in these conditions
As you read these conditions, please note that: "We", "our" "ourselves" and "us" means Flybe.
"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.
“Air Passenger Regulations” means whichever of the following: (i) Regulation (EC) 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights; or (ii) The Air Passenger Rights and Air Travel Organisers’ Licencing (Amendment) (EU Exit) Regulations 2019, Regulation 8 of which amends and incorporates (i) above.
"Airline Designator Code" means the two characters or three letters which identify particular air carriers.
“Assistance Dog” means a dog (including guide dogs) trained by a recognised dog training organisation approved by Assistance Dogs International (ADI)/International Guide Dog Federations (IGDF)
"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 and notices.
"Conjunction Ticket" means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage.
“Connecting Flight” means a subsequent flight providing onward travel on the same ticket or on a Conjunction Ticket.
"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 Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (the Montreal Convention (1999))
"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.
“Excess Baggage” means any Baggage in excess of the Baggage allowances provided in these Conditions.
"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 circumstances beyond our 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.
“Immediate Family” means a spouse, partner, mother, father, son or daughter.
"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 Assistance Legislation” means whichever of the following: i) Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air; or (ii) The Air Passenger Rights and Air Travel Organisers’ Licencing (Amendment) (EU Exit) Regulations 2019, Regulation 9 of which amends and incorporates (i) above.
"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" or “SDRs” 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.
“Validity Period” means the period for which your ticket is valid for travel.
“Website” means the internet site www.flybe.com provided by us for the purpose of Passengers making online reservations.
Article 2-New Health Requirements
2.1 Covid-19 Travel Requirements
You must follow the latest travel rules and restrictions relating to Covid-19 at the point or origin, Stopover and destination of your Ticket. You must comply with Flybe’s Covid policy here as well as any measures applied by UK or EU Governments. It is your responsibility to check and comply with the requirements for the country into which you are travelling before you fly with us.
Except as provided in Articles 3.2, 3.3 and 3.4, our Conditions 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.
3.2 Charter operations
If carriage is performed pursuant to a charter agreement, these Conditions apply only to the extent they are incorporated, by reference or otherwise, in the charter agreement or the Ticket. In such circumstances, we or our Authorised Agents will let you know which airline will be operating the flight at the time you make a reservation or, if arranged later, as soon as reasonably practicable.
3.3 Code shares and Franchise operations
3.3.1 Code Shares and Franchises
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.
3.3.2 On some services we have arrangements with other airlines called franchisees who will operate the aircraft on which you will travel using our name, our livery and the BE airline designator code.
3.3.3 If either a code share or a franchise applies to your flight, we or our Authorised Agents will let you know if we or another airline will be operating the flight at the time you make a reservation.
3.4 Overriding law
3.4.1 If these Conditions are inconsistent with our Tariffs or applicable law, the Tariffs or applicable law shall prevail.
3.4.2 If any provision or condition herein is invalid under any applicable law, the other provisions and conditions will remain valid.
3.5 Conditions prevail over other Regulations
Except as provided in these Conditions, in the event of inconsistency between on the one hand these Conditions and any other regulations we may have, these Conditions of Carriage shall prevail.
4.1 General provisions
4.1.1 We will provide carriage only to the Passenger named in the Ticket. You will be required to produce government issued photographic identification as required by the UK Home Office from time to time. Further information can be found on the UK Government website. You must ensure that your name and your details are correct at the time of booking as you will be charged for any changes. Reasonable corrections to spelling are permitted at no charge, provided this does not amount to a name substitution.
4.1.2 All Tickets are non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate travel insurance to cover instances where you have to cancel your Ticket.
4.1.3 Changing the name on your Ticket is permitted subject to the applicable fee being paid to us or the Authorised Agent or the issuing airline.
4.1.4 If you are unable to use your Ticket due to Force Majeure, we may provide you with a credit of the non-refundable amount of the fare to be used by you for future travel on us, subject to deduction of a reasonable administration fee, if you advise Flybe’s Customer Call centre at least 24 hours before your scheduled flight and you produce evidence of such Force Majeure.
4.1.5 The Ticket is and remains at all times the property of us if it was issued by us or our Authorised Agents or the issuing airline.
4.1.6 You must ensure that you carry identification and provide this when requested. Photo identification must be presented if you wish to carry any Baggage. In order to travel, you must provide the required identification and hold a valid Electronic Ticket that has been duly issued in your name.
4.2 Period of validity
4.2.1 Except as otherwise provided in the Ticket, these Conditions, or in applicable Tariffs (in which case the limitation will be shown on the Ticket), a Ticket is valid for:
18.104.22.168 One year from the date of issue; or
22.214.171.124 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.
4.2.2 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 11 .
4.2.3 If you become ill after the commencement of your journey and your illness prevents from travelling on your next flight 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. For the avoidance of doubt, this condition shall not apply if you become ill with COVID-19
4.2.4 When the electronic coupon remaining in the Ticket involve one or more Stopovers, the validity of such Ticket may be extended up to a maximum of three months from the date shown on your medical certificate. In such circumstances, we will extend the period of validity of Tickets of other members of your Immediate Family accompanying you for a similar period.
4.2.5 In the event of death of a Passenger en route, the validity of the Tickets of persons accompanying that Passenger may be extended. In the event of a death in the Immediate Family of a Passenger who has commenced travel, the validity of the Passenger's Tickets and their Immediate Family who are accompanying the Passenger may likewise be extended. Any such modification shall be made upon receipt of a copy of valid medical certificate of cause of death (MCCD) or a death certificate.
4.3 Coupon sequence and use, changes and re-confirmation of bookings
4.3.1 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 and Articles 4.3.2 to 4.3.7 below apply.
4.3.2 Should you wish to change any aspect of your transportation you must contact us in advance to ascertain whether the requested change is possible. Some changes will not result in a change of fare (for example, notifying us that you do not intend to use part of your Ticket) but others, such as reversing the direction you travel can result in an increase in price.
4.3.3 If a change is possible according to our Tariff, 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.
4.3.4 You must notify us if you do not intend to use the first flight on your Ticket. Should you fail to do so any subsequent flights on your Ticket will be cancelled.
4.3.5 If this occurs, you can reinstate the originally booked flights provided there is space still available, subject to payment of an administration fee.
4.3.6 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.
4.3.7 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.
4.4 Name and address of carrier: Flybe Limited (“Flybe”).
Our name may be abbreviated to our Airline Designator Code “BE”, or otherwise, in the Ticket. Our address is: 2nd Floor, Diamond House, Birmingham Airport, Birmingham, B26 3QJ.
Article 5-Fares, Taxes Fees and charges and currency
Your fare covers transporting you from the departure airport to the arrival airport only unless we say otherwise. 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.
5.2 Taxes, fees and charges
5.2.1 It is your responsibility to pay any applicable taxes, fees and charges (“TF&Cs”) imposed at any time by government, other authority or the operator of an airport. These will usually be shown separately on the Ticket.
5.2.2 The TF&Cs can be imposed or can often change. 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. In the event any TF&Cs are abolished or reduced once you have bought your Ticket, you will be entitled to claim a refund. If you are a resident of, and your flight departs from, the Federal Republic of Germany, any increase in taxes, fees or charges will not be applied in the period of 4 months from the date of purchase of the Ticket.
5.2.3 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 administrative charge.
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. We may at our discretion, accept payment in another currency.
5.3.1 We try to make sure that all our fares are displayed correctly. Sometimes mistakes are made and incorrect fares are displayed. If you book a Ticket based on an incorrect fare, we will give you the option to either:
126.96.36.199 Pay the difference between what you paid and the correct fare; or
188.8.131.52 Cancel your Ticket and receive a full refund.
5.3.2 Where it was not reasonably obvious at the time of booking that the fare was incorrect and you have requested a refund, any reasonable, non-refundable out-of-pocket expenses incurred by you after you bought the Ticket may also be refunded. You must give us receipts or other documents showing the costs, purchase date and proof that they are non-refundable.
We will not reimburse any out-of-pocket expenses incurred where it was reasonably obvious that the fare displayed was incorrect.
6.1 Reservation requirements
6.1.1 We or our Authorised Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).
6.1.2 Certain fares have conditions which limit or exclude your right to change or cancel reservations.
6.2 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.
6.3 Personal Data Protection
6.3.1 You recognise that your personal data has been provided to us for the purposes of: making a reservation (including any Charter, Code Share or Franchise flight whether operated by us or another carrier) or making a reservation with another carrier should we need to transfer your reservation or the operation of any of our flights; issuing a Ticket; providing you with your transportation and ancillary services related to your travel; administration of accounting, billing and auditing procedures; facilitating immigration and entry procedures; dealing with customs control; meeting security requirements; handling customer relations issues; marketing of products (providing you have given us your consent); customer research; data analysis; managing your booking and travel experience; operating frequent flyer programmes; organising assistance by third parties at airports on behalf of Passengers requiring special assistance and Passengers with reduced mobility, meeting obligations to make your data available to government agencies and helping us develop technology to better serve you in the future. For all these purposes, you authorise us to retain and use your personal data and to share or otherwise transmit it to our own offices, our Authorised Agents, government agencies, credit and other payment card companies, other carriers including any Charter operator or lessor, Code Share or Franchise flight partners, or the third party service providers of the aforementioned services. This consent shall include the sharing of data with other carriers where we refuse carriage for any reason, including disruptive or illegal behaviour.
6.3.2 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.
6.4 Seating & Aircraft
We will use reasonable endeavour to honour advance seating requests, but we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft because of operational, safety or security reasons.
184.108.40.206We will try to make sure your flight is on the aircraft specified in our timetable or specified to you at the time of issuing your Ticket; however, we cannot guarantee any particular aircraft as we may need to change the aircraft type or model because operational, safety or security reasons.
220.127.116.11There may be occasions where it is necessary for us to temporarily supplement our fleet with aircraft operated for our benefit by another airline. In such circumstances, we shall try to ensure that you receive the same level of in-flight service, entertainment and Baggage allowance advertised for your flight, but we cannot guarantee that this will be possible.
Article 7 - Check in and boarding
7.1 Check-in deadlines
7.1.1 Check-in Deadlines are different at every airport, and frequently change, and we recommend that you inform yourself about these times and comply with them.
7.1.2 We or our Authorised Agents will endeavour to advise you of the relevant Check-in Deadline for your flight at the time of booking; however, it is your responsibility to check this prior to departure and ensure that you check-in before the Check-in Deadline. If you have booked your Ticket using our Website (www.flybe.com), your booking confirmation email will specify your Check-in deadline
7.1.3 You can check in online before your departure. Unless you have paid to select your seat, you will be allocated a seat when you check-in. When checking in online you may be required to provide advanced passenger information.
7.1.4 You must 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.
7.2 You must be present at the boarding gate no later than the time specified by us when you check in.
7.3 We reserve the right to cancel the space reserved for you if you fail to arrive at the boarding gate in time.
7.4 We will not be liable to you for any loss or expense incurred due to your failure to comply with this Article 7 .
Article 8 - Refusal and limitation of carriage
8.1 Our right to refuse to carry you
8.1.1 We may decide to 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, exercising our sole discretion, we reasonably believe that one or more of the following have occurred or may occur:
18.104.22.168 If carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger.
22.214.171.124 If carrying you or your Baggage may affect the comfort of any person in the aircraft.
126.96.36.199 If you are or we have reasonable grounds to believe that you are intoxicated, drunk or under the influence of drink or drugs.
188.8.131.52 If you are, or we reasonably believe you are, in unlawful possession of drugs.
184.108.40.206 If your mental or physical state or health is a danger or risk to you, the aircraft or any person in it.
220.127.116.11 If you have refused to allow a security check to be carried out on you or your Baggage.
18.104.22.168 If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security.
22.214.171.124 If you have used threatening, abusive or insulting words towards our ground staff or another Passenger or a member of the crew of the aircraft.
126.96.36.199 If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft.
188.8.131.52 If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties.
184.108.40.206 If you have put the safety of either the aircraft or any person in it in danger.
220.127.116.11 If you have made a hoax bomb or other security threat.
18.104.22.168 If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft.
22.214.171.124 If you have not, or do not in our sole discretion appear to have, valid travel documents.
126.96.36.199 If you try to enter a country for which your travel documents are not valid.
188.8.131.52 If the immigration authority for the country you are travelling to, or for a country in which you have a stopover, has told us (either orally or in writing) that it has decided not to, or we reasonably believe that it will not, allow you to enter that country, even if you have, or appear to have, valid travel documents.
184.108.40.206 If you destroy your travel documents during the flight.
220.127.116.11 If you have refused to allow us to photocopy your travel documents.
18.104.22.168 If you have refused to give your travel documents to a member of the crew of the aircraft, when we have asked you to do so.
22.214.171.124 If you ask the relevant government authorities for permission to enter a country in which you have landed as a transit passenger.
126.96.36.199 If carrying you would break government laws, regulations, or orders.
188.8.131.52 If you have refused or failed to give us information which a government authority has asked us to provide about you, including Passenger information requested in advance of your flight.
184.108.40.206 If you have not presented a valid Ticket.
220.127.116.11 If you have not paid the fare (or any applicable surcharges, taxes, fees or charges) for your journey.
18.104.22.168 If you have presented a Ticket acquired illegally.
22.214.171.124 If you have presented a Ticket which you did not buy from us or our Authorised Agents.
126.96.36.199 If you have presented a Ticket which was not issued by us or our Authorised Agents.
188.8.131.52 If you have presented a Ticket which has been reported as being lost or stolen.
184.108.40.206 If you have presented a counterfeit Ticket.
220.127.116.11 If you have presented a Ticket with an alteration made neither by us nor our Authorised Agents.
18.104.22.168 If you have presented a spoiled, torn or damaged Ticket or a Ticket which has been tampered with.
22.214.171.124 If you cannot prove you are the person named in the Ticket.
126.96.36.199 If you have changed your transportation without our agreement as set out in Article 4.3.6.
188.8.131.52 If you have failed to present your Ticket or your boarding pass or your travel documents to us when reasonably asked to do so.
184.108.40.206 If you have failed to complete the check-in process by the check-in deadline.
220.127.116.11 If you have failed to arrive at the boarding gate on time.
18.104.22.168 If you have refused or failed to undergo health screening or a health examination requested by us or by a government or enforcement agency.
22.214.171.124 If you have behaved in a way mentioned above on or in connection with a previous flight and we believe you may repeat this behaviour.
126.96.36.199 When we have banned you from our route network including:
If we have given you a banning notice and you have bought your Ticket for the period that the banning notice is in force.
By a banning notice we mean a written notice we have given to you informing you that you are banned from being carried on our route network. (This means you are banned from travelling on all flights we operate.) This notice will give the date when the ban comes into force and the period for which it applies. A banning notice will also ask you not to buy a Ticket or ask or allow anyone to do so for you.
In all of the above situations, we will refuse to carry you and you will not be entitled to an involuntary fare refund under Article 11.2.
8.1.2 Unacceptable behaviour
If, while you are on board the aircraft, in our sole discretion we reasonably believe that you have:
Put the aircraft, or any person in it, in danger
Deliberately interfered with the crew in carrying out their duties
Failed to obey the instructions of the crew relating to health, safety or security
Failed to obey the instructions of the crew relating to the use of a protective face covering
Failed to obey the seat-belt or no-smoking signs
Committed a criminal offence
Allowed your physical or mental state to become affected by drink or drugs
Failed to obey the crew's instructions relating to drink or drugs
Made a hoax bomb or other security threat
Threatened, abused or insulted the crew or other Passengers
Behaved in a threatening, abusive, insulting or disorderly way towards the crew or other Passengers or
Behaved in a way which causes or may cause discomfort, inconvenience, Damage or injury to the crew or other Passengers
We may take any measures we think reasonable to prevent you continuing your behaviour, including physical restraint. When the aircraft lands, we may decide to:
Make you, or arrange with authorities for you to, leave the aircraft
Refuse to carry you on the remaining sectors of the journey shown on your Ticket and
Report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed.
8.1.3 Diversion costs caused by unacceptable behaviour
If, as a result of your behaviour, we divert the aircraft to an unscheduled place or destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion.
8.1.4 Using electronic devices on board the aircraft
For safety reasons, we may decide not to allow you to use electronic devices when you are on board the aircraft, including:
· mobile phones/ tablets
· laptop computers
· personal recorders
· personal radios
· MP3, cassette and CD players
· electronic games or
· transmitting devices (for example, radio-controlled toys and walkie-talkies).
You must not use these items when we have told you that they are not allowed.
We will allow you to use hearing aids and heart pacemakers.
8.2 Consequences of refusal to carry or removal of Passenger
If we have, in the exercise of our sole discretion, refused to carry you, or removed you en route, for any of the reasons mentioned in Article 8.1, 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.
8.3 Special assistance
8.3.1 Acceptance for carriage of incapacitated persons, pregnant women, persons with illness or other persons requiring special assistance is subject to these Conditions, our passenger charter and any relevant Passenger Assistance Legislation .
8.3.2 If you are a Passenger with a disability and you require any special assistance, you should inform us at the time of booking of your special needs. We will carry you where arrangements have been made to provide for your special needs on a minimum of 48 hours’ prior notice. If you do not inform us at the time of booking of your special needs, we will nevertheless use reasonable efforts to accommodate your special needs.
8.3.3 Passengers with disabilities who have advised us of any special requirements they may have at the time of booking, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
8.3.4 All the rules of seating in Article 6.4 apply to seating Passengers with a disability. In addition if you are a Passenger with a disability which causes you to need a bulkhead seat, such as a disability which causes you to be accompanied by an assistance dog in the cabin in accordance with Article 9.11.1, and you request a bulkhead seat, it will be provided to you if it is not already assigned to another Passenger with a disability.
8.3.5 We may require that you travel with an attendant if it is essential for safety or you are unable to assist in your own evacuation from the aircraft or you are unable to understand safety instructions.
8.3.6 There is no charge for transporting any assistive device, such as a wheelchair or a cane, and such assistive devices will not be counted towards your free Baggage allowance.
On flights where medical oxygen is permitted, you will be charged for the service of medical oxygen (and you will be required to be accompanied by an attendant).
8.3.7 We reserve the right to cease accepting Passenger reservations on the grounds of disability or of reduced mobility or to embark a disabled person or a person with reduced mobility and or their equipment in specific circumstances pursuant to the Passenger Assistance Legislation including but not limited to: in order to meet applicable safety requirements and/ or due to the size of our aircraft or its doors, where carriage of the Passenger or its accompanying equipment including electric wheel chairs would not be possible.
Article 9-Baggage Cabin and checked/hold baggage
9.1 Baggage allowance
9.1.1 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.
9.1.2 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 9.2 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.
9.2 Excess Baggage
9.2.1 You will be required to pay an additional charge for carriage of Baggage in excess of the Baggage allowance. These Excess Baggage rates are available from us upon request.
9.2.2 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.
9.3 Items unacceptable as Baggage
9.3.1 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:
188.8.131.52 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;
184.108.40.206 which are prohibited from being carried by the applicable laws, regulations or orders of any state to be flown from or to;
220.127.116.11 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;
18.104.22.168 such as firearms and ammunition. 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.
9.4 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; medication needed for your trip; or human remains, including ashes.
9.5 Liability for loss, damage or delay to prohibited items
If, despite being prohibited, any items referred to in Article 9.3 and 9.4 are included in your Checked Baggage or Unchecked Baggage, any liability for loss, damage or delay to these items shall be discounted in full on the basis that this was wholly caused by your own negligence in failing to observe these Conditions of Carriage
9.6 Right to Refuse Carriage of Baggage
9.6.1 We will refuse to carry as Baggage the items described in Articles 9.3 and 9.4, and we may refuse further carriage of any such items upon discovery.
9.6.2 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.
9.6.3 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.
9.7 Right of search
9.7.1 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 9.3 or 9.4 or any firearms, ammunition or weapons, which have not been presented to us in accordance with Article 9.3.
9.7.2 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 proven fault or negligence.
9.8 Checked Baggage
9.8.1 Upon check-in of your checked Baggage we shall take custody of it and we will issue a Baggage Identification Tag for each piece.
9.8.2 Checked Baggage must have your name or other personal identification affixed to it.
9.8.3 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 Article 9.2.2, 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.
9.9 Unchecked Baggage
9.9.1 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 for which a charge may apply, subject to Articles 9.2 and 9.3.
9.9.2 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 Article 9.7.1 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.
9.10 Collection and delivery of Checked Baggage
9.10.1 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 3 months of the time it is made available, we may dispose of it without any notice or liability to you.
9.10.2 Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage.
9.10.3 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.
9.11.1 Guide Dogs and Assistance Dogs.
Where permitted, Guide dogs or 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.
If you wish to travel with a Guide dog or an Assistance Dog, you must seek our prior permission before travel.
On international flights (by which we mean all flights other than domestic flights) the following will apply:
· Guide dogs or assistance Dogs accompanying Passengers with a disability can be taken into the aircraft cabin if applicable laws permit it and if the necessary arrangements are in place at the relevant airports.
· Guide dogs or assistance Dogs accompanying Passengers with a disability will be carried free of charge save that we may make a charge if an adjacent seat has to be withdrawn from use to accommodate oversized assistance dogs.
· We will only carry guide dogs or assistance dogs if it would be legal for them to arrive at your place of destination or transit point.
All carriage is in accordance with the conditions of carriage detailed in the current edition of the IATA Live Animals Regulations
9.11.2 Limitation of Liability.
22.214.171.124 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.
126.96.36.199 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.
9.12 Items removed by airport security personnel
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 laws or regulations, whether or not such items are subsequently retained or destroyed by such airport security personnel or are passed by them to us.
9.13 Human remains policy
9.13.1 The carriage of human ashes in a non-metallic container is accepted subject to our regulations. A copy of the death certificate and cremation certificate should accompany the ashes, which must be placed in a non-metallic container. You must place the container in your hand baggage. Please ensure it is sealed and wrapped so other passengers cannot identify it as an urn. You should advise the handling agents that you are carrying the ashes as hand Baggage upon check in and produce the necessary documentation.
9.13.2 Human remains will be accepted for carriage as cargo only where we have agreed this in advance and the ashes are securely packaged in a non-metallic container.
Article 10-Schedules, delays, cancellation of flights and denied boarding
10.1.1 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.
10.1.2 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 after issuing 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 in excess of 2 hours to the original flight scheduled 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 for the relevant Flybe flight in accordance with Article 11.2.
10.2 Denied Boarding, Cancellation and Long Delays
10.2.1 If your flight is cancelled, delayed or you are denied boarding, we shall provide assistance to you and, where applicable, compensation in accordance with applicable law.
10.2.2 For travel within (or between) the UK and EU, the applicable law for denied boarding, cancellation and long delay will be the Air Passenger Regulations.
10.2.3 No remedy will be available to you pursuant to Articles 10.2.1and 10.2.2 above if you fail to meet the check-in and boarding requirements in Article 7 or we exercise our rights to refuse to carry you under Article 8 .
10.2.4 Where you are entitled to a refund pursuant to 10.2.1 and/or 10.2.2 above, we will issue a refund in accordance with Article 11 below.
10.3 No Further Liability
Upon the occurrence of any of the events set out in this Article 10 , except as otherwise provided by Regulation 2027/97, the Convention (as applicable) or Article 15 , the rights and remedies specified are the sole and exclusive rights and remedies available to you and we shall have no further liability to you.
11.1 Entitlement to Refund
11.1.1 We will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, as follows:
188.8.131.52 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; or
184.108.40.206 Where a Ticket has been booked via our Authorised Agent, we will make any refund due to the relevant Authorised Agent in accordance with applicable IATA rules, resolutions and agreements. In such cases, any request by a Passenger for a refund must be made to the Authorised Agent.
11.2 Involuntary refunds
11.2.1 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 (and you do not accept any re-route to your destination offered), the amount of the refund shall be:
220.127.116.11 If no portion of the Ticket has been used, an amount equal to the fare paid;
18.104.22.168 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.
11.3 Voluntary refunds
11.3.1 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:
22.214.171.124 If no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
126.96.36.199 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.
11.4 Right to refuse a refund
11.4.1 We may refuse a refund where application is made after the expiry of the validity of the Ticket.
11.4.2 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.
11.4.3 We may refuse a refund in the circumstances mentioned in Article 8.2
We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.
11.6 By whom ticket refundable
Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its Authorised Agent.
11.7 Checked Baggage Fees and Other products
Checked Baggage and additional product fees are non-refundable once paid. If you choose to cancel the flight or if you choose to fly but do not check-in the Baggage or take advantage of the additional products you booked you are not entitled to a refund.
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. Your agreement will be with the supplier and not with us. The terms and conditions of the third party service provider will apply.
12.2 These Conditions will be applicable in whole or in part to surface transportation provided by us unless we notify you otherwise.
Article 13-Travel document requirements, customs inspection & security screening
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, in our sole discretion, you do not appear to have 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 15.6.1.
Article 15-Liability for Damage
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 Air Passenger Rights and Air Travel Organisers’ Licencing (Amendment) (EU Exit) Regulations 2019, Regulation 7 of which amends and incorporates the liability rules of the Convention and Regulation (EC) No 2027/97.
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 For any damages up to the sum of the equivalent of 128,821 SDR, we shall not exclude or limit our liability.
15.3.3 Notwithstanding the provisions of Article 15.3.2, 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.
15.3.4 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.
15.3.5 Without prejudice to Article 15.3.4, an advance payment shall not be less than the equivalent of 16,000 Special Drawing Rights per Passenger in the event of death.
15.3.6 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 15.3.3or 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.
15.3.7 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
15.4.1 We will not be liable for damage to Unchecked Baggage unless such damage is caused by our negligence.
15.4.2 We will not be liable for damage to any Checked Baggage if and to the extent that the damage resulted from the inherent defect, quality or vice of the Checked Baggage.
15.4.3 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 or delay to Baggage shall be limited as provided by the Convention, to a maximum of 1,288 SDR 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).
15.4.4 If in accordance with applicable law different limits of liability are applicable such different limits shall apply.
15.4.5 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.
15.5 Passenger Delay
15.5.1 Our liability to you for damage caused by delay is limited under the Convention to 5,346 SDR per Passenger. This limit, however, shall not apply in the event that damage caused by delay resulted from an act or omission by us or our servants, employees or Authorised Agents, done with the intent to cause damage or recklessly and with knowledge that damage would probably result; provide that, in the case of such act or omission of a servant, employee or Authorised Agent, it is also proved that such servant, employee or Authorised Agent was acting within the scope of its employment with us.
15.5.2 We will have no liability for damage occasioned by delay if it is proved that we and our servants, employees and Authorised Agents took all measures that could reasonably be required to avoid the damage or that it was impossible for us or them to take such measures.
15.6.1 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.
15.6.2 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.
15.6.3 Except as may be specifically provided otherwise in these Conditions or by applicable law, we shall be liable to you only for recoverable compensatory damages for proven losses.
15.6.4 The contract of carriage, including these Conditions 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.
15.6.5 Nothing in these Conditions shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
15.6.6 Nothing in these Conditions 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 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 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 2 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. The limitation period for claims under the Air Passenger Regulations in England and Wales shall be 6 years.
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.
16.3.1 Flybe is signed up to, and is willing to submit itself to, the services of The Retail Ombudsman, Airline Dispute Resolution which is approved by the Civil Aviation Authority to provide dispute resolution services and an independent view of complaints in relation to the Consumer Disputes (Competent Authorities and Information) Regulations 2015.
Complaints should be referred to flybe’s Customer Relations team in the first instance who can be contacted using the webform located in the Help Centre at flybe.com.
If you are unhappy with our response, you can refer your complaint for ADR within 12 months of our final response to the Centre for Effective Dispute Resolution (CEDR) via their website http://www.cedr.com/aviation.
16.4 Air Passenger Regulation Claims
16.4.1 Any claims for compensation made pursuant to the Air Passenger Regulations must be submitted to us via our Customer Relations department. You must allow us up to 28 days from the date you submit the claim (or such time as required by law, if less) to respond before you may engage a third party to submit a claim on your behalf.
16.4.2 We will not process or consider any claims submitted by a third party if you did not first follow the procedure in Article 16.4.1above, including allowing 28 days for us to respond.
16.4.3 A Passenger may submit a claim for compensation on behalf of another Passenger travelling on the same booking. Where a Passenger is a minor or does not have the capacity to submit a claim themselves, a legal guardian may do so on their behalf. We reserve the right to request the necessary documentation proving the legal guardian has authority to act on behalf of the Passenger.
16.4.4 Claims submitted by a third party will only be considered upon the third party providing us with the necessary documentation proving it has the authority to act on your behalf.
16.4.5 Nothing in Article 16.4 prohibits you from consulting a third party advisor or obtaining legal advice prior to submitting your claim to us directly.
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 reduced 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.
The title of each Article of these Conditions is for convenience only, and is not to be used for interpretation of the text.
Article 19-Choice of law and Juristrication
Unless otherwise provided by the Convention or any applicable law, Government regulations, orders or requirements, these Conditions 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.