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Conditions of Carriage

Article 1
Definitions
1.1  Meanings: In these Terms & Conditions, unless otherwise expressly provided, the following expressions shall have the meanings respectively assigned to them:-
  • "Agreed Stopping Place" means those places, except the place of departure and the place of destination as set out in the Ticket or shown in the airline's timetables as scheduled stopping places on your route.
  • "Baggage" or "baggage" means personal property accompanying passenger in connection with the Journey. Unless otherwise specified, it includes both your Checked and Unchecked Baggage;
  • "Baggage Check" means a document issued to Passenger by the airline as a receipt for Checked Baggage and which relates to the carriage of Checked Baggage and includes the Baggage Identification Tag.
  • "Baggage Identification Tag" means a document issued by the airline solely for identification of Checked Baggage.
  • "Checked Baggage" or "Registered Baggage" means baggage of which the airline takes custody and for which a Baggage Identification Tag is issued ;
  • "Conditions of Contract" means and includes those statements contained in or delivered with the Itinerary, identified as such and which are incorporated by reference, these Terms & Conditions and notices available at the offices of the airline and check-in counters.
  • "Conventions" mean whichever of the following instruments as are applicable:-
  •  
    1. the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
    2. the Warsaw Convention as amended at The Hague on 28 September 1955;
    3. the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
    4. the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975);
    5. the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975);
    6. the Guadalajara supplementary Convention (1961);
    7. the Montreal Convention (1999)
    "Damage" includes death, bodily injury to a Passenger, delay, loss, partial loss or other damage, arising out of or in connection with the contract of carriage or other services incidental thereto performed by the airline
  • "Electronic Coupon" means an electronic flight coupon or other value document held in the airline database.
  • "Electronic Ticket" means the Itinerary issued by the airline or on behalf of the airline, the Electronic Coupon 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, the Electronic Coupon, and indicates the particular places between which the Passenger is entitled to be carried.
  • "Itinerary" means the document issued to the Passenger that includes the Passenger's name, flight information, Conditions of Contract and notices.
  • "Passenger", "You", "you", "Your" and "your" rmeans any person, except members of the crew, carried or to be carried in an aircraft with the consent of the airline.
  • "Sector" means the flight from the airport at the point of origin to the airport at the point of destination.
  • "Seat" means a seat in the aircraft.
  • "Tariff" means the fares and charges published by the airline electronically or on paper.
  • "Ticket" means the Itinerary and includes the Electronic Ticket and Electronic Coupon issued by or on behalf of the airline and also includes the Conditions of Contract and notices contained therein.
  • "Terms & Conditions" means these Conditions of Carriage.
  • "Unchecked Baggage", means any baggage belonging to the Passenger   other than Checked Baggage.
  • "airline", "We", "we" "our", "ourselves", "us" and "Carrier" means MIHIN LANKA(PRIVATE) LIMITED
  • "Website" means the internet site mihinlanka.com provided by the airline for the purpose of Passengers making online bookings and to access information about the airline.
 
1.2  Captions: The title or caption of each Article of these Terms & Conditions is for convenience only and is not to be used for interpretation of the text
 
Article 2
Applicability
2.1  General: These Terms & Conditions apply to the carriage by air or by other means of transportation including surface transportation of Passengers and Baggage performed by or on our behalf of the airline  and to any liability we may have in relation to that carriage and transportation.
   
2.2  Terms & Conditions Prevail: Except as provided in these Terms & Conditions, in the event of inconsistency between these Terms & Conditions and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail.
   
2.3  Language: The language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other languages, English shall be the sole language used in the interpretation of these Terms & Conditions
   
Article 3
Tickets / Itinerary
3.1  Prima Facie Evidence Of Contract: The Itinerary or Ticket is prima facie evidence of the contract for carriage between passenger and us. The Itinerary, these Terms & Conditions and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between the Passenger and the airline
   
3.2  Transferability: The contract for carriage is only transferable as provided in these Terms & Conditions and the airline Conditions of Contract.
   
3.3  Validity: The Itinerary is only valid for the Passenger named and the flight specified therein subject to any subsequent changes in accordance with article 5.2 below. Tickets are valid for one (01) year from the date of issue of the ticket.
   
3.4  Identity: The airline will provide carriage only to the Passenger named in the Itinerary or Ticket. The Passenger will be required to produce appropriate identification at check-in.
   
Article 4
Fares
4.1  General: Fares apply only to carriage from the airport at point of origin to airport at the point of destination. Fares exclude ground transport services between airports,  and between airports and town terminals unless otherwise specifically stated by the airline.  The airline is strictly a point-to-point carrier and shall not be responsible to the Passenger for any connecting flights. The airline shall not be liable to the Passenger for your failure to meet any connecting flights.
   
4.2 
Taxes, Fees and Charges:You must pay any Taxes, Fees and Charges imposed on us by Government or other authority, including the operator of an airport for which we are obliged to collect from you or pay in respect of you and your flight. The rates shall be informed to you at the time you purchase the Ticket. Taxes, Fees and Charges may be changed from time to time without prior notice and after the issue of the Ticket, in which case you will be liable to pay. You are entitled to a refund in the event of a reduction or abolition of the Taxes, Fees and Charges.
4.3  Child and Infants fares

a) Child; 75% of the applicable adult fare for the relevant booking class shall be charged for a child between the ages of two (2) and twelve (12) years (on the date of travel).  Children above this age of 12 years (on the date of travel) shall be charged the full adult fare.
b) Infants: 20% of the applicable adult fare for the relevant booking class shall be charged for an infant between the ages of eight (8) day sand two (2) years (on the date of travel).  Children above this age of 02 years (on the date of travel) shall be charged the full adult fare. An infant may travel provided s/he sits on an adult's lap. Only one (1) infant is allowed on the lap of an adult. No baby seats or perambulators are allowed on board the aircraft.

   
4.4  Currency: Fares and charges are payable in the currency prescribed with the published fares of the airline unless otherwise specifically stated.
   
4.5  Accuracy: All fares, flight schedules and routes published are correct at the time of publication. The airline reserves the right to revise any fares and flight schedules at any time and from time to time without prior notice.
   
4.6  Applicable Fares: Applicable fares are those published by or on behalf of the airline, whether electronically or by way of other medium. Fares may exclude administration fees, service charges, and other charges unless otherwise specifically stated.
4.7  Administration Fee: We reserve the right to charge a reasonable administration fee for auxiliary services, not included in the price of the Ticket
   
Article 5
Booking of Seats
5.1  Confirmation of Booking: The booking of a Seat is confirmed after full payment of the fare is made and after the issue a booking number and/or the Itinerary. Once confirmed, the booking cannot be cancelled and payments made are not refundable.
   
5.2  Flight Change: Changes to Itinerary will not be permitted if requested less than 4hrs prior to scheduled departure time. Changes to the Itinerary shall be permitted only if made at least four (04) hours (minimum time) prior to scheduled departure time and will be subject to charges detailed in the attached fee schedule and inter alia the following terms and conditions:-
  1. if the new flight booked is at a lower fare class than that of the cancelled booked flight, the difference in fares will not be refunded to the passenger;
  2. if the new flight booked is of a higher fare class than that of the cancelled booked flight, the difference in fares shall be paid by the Passenger before the cancellation or change can be made;
  3. The change is not confirmed until the issue of a new booking number and/or new Itinerary.
  4. Changes of route(s) cannot be made.
  5. Flight Change rules do not apply to promotional fares.
In the event that you are unable to provide the airline with a contact number of your point of destination, please contact our representative ticket office/GSA at the point of your destination for information regarding flight re-scheduling, cancellation or delay.

Cancellation charges USD 20.00
Modification charges USD 20.00
 
5.3  Name Change: Each booking is only valid for the Passenger named confirmed booking. No substitution of Passengers shall be allowed.
 
5.4  Payment: Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, the airline reserves the right to cancel the booking prior to check-in and/or to disallow the Passenger to board the aircraft.
 
5.5  Personal Data: The Passenger hereby acknowledges and agrees that personal data has been provided to the airline for the purposes of making bookings for carriage and to provide the Passenger with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and facilitate any future dealings with Passenger. For these purposes, by entering into a contract of carriage with the airline, the Passenger authorizes the airline  to retain and use personal data and to transmit  same to its  own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above.
 
5.6  Seating: There are no seat allocations according to specific seat numbers. The airline operates a single-class and free-seating policy. Priority for boarding is given to the handicapped, elderly and those traveling with children. 
 
5.7  Fares Non- Refundable: Fares are not refundable for any reason whatsoever unless otherwise specified herein.
   
Article 6
Check-in and Other Requirements of Carriage
6.1  Check-In, Deadlines and Conditions: The check-in counters are open three (3) hours prior to scheduled flight departure time. The counters close forty-five (45) minutes prior to the said scheduled departure time. Check-in deadlines may vary at different airports and for particular flights. It is the responsibility of the Passenger to ensure compliance with these deadlines, particulars of which will be available at the time of making the booking. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, the airline  reserves the right not to allow the Passenger to check in without any liability to the Passenger  and without having to refund any fare paid in the following circumstances:-
 
  1. if the Passenger attempts to check in less than forty-five (45) minutes prior to the scheduled departure time of your flight;
  2. if the Passenger fails to provide/ have proper identification or fails to identify him/herself to the airline staff;
  3. if the Passenger fails to have the proper and valid documents, permits, visa, necessary for travel to a particular place or country;
  4. if the Passenger has not paid any fare, fees or other charges in full due to the airline;
  5. if the Passenger is violent or aggressive to the airline staff or causes any disturbance at the counter or abuses the airline staff either physically or verbally;
  6. if the Government or other authorities prohibits the Passenger from checking in or boarding the aircraft;
  7. if in the opinion of the airline, the Passenger is not fit to travel due to drunkenness or any obvious adverse medical condition; and/or
  8. if in the opinion of the airline ,the Passenger is not medically fit to travel or your medical condition poses or could pose a danger or threat to the health and safety of other passengers.
 
6.2  Boarding: The Passenger must be at the boarding/departure gate at least thirty (30) minutes prior to the time of scheduled departure. A Passenger who fails to report at the departure gate at the stipulated time will not be entitled to any refunds, credit or free transfer of flights. The Airline reserves the rights to off load the Passenger along with the baggage. 
 
6.3  No-show: If the Passenger fails to check in on time or fails to board the aircraft by the time the aircraft departs, the fare paid by the Passenger will not be refunded for any reason whatsoever.
 
6.4  Compliance: The Passenger is solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms & Conditions, notices and instructions given by the airline relating thereto. The airline shall not be liable in any way whatsoever to the Passenger in connection with obtaining necessary permits, documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for any consequences resulting from failure to obtain such permits, documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.
 
6.5  Travel Documents: The Passenger is responsible for obtaining and must possess and make available for presentation as required by the relevant authorities all valid travel documents including entry and exit, health and other documents and permits  required by law, regulations, order, demands or requirements of the countries flown from, into or over. The airline reserves the right to refuse carriage to any Passenger who has failed to comply with, or whose documents and/or permits do not appear to comply with, such applicable laws, regulations, orders, demands or requirements and if you do not permit the airline to take and retain copies thereof.
 
6.6  Refusal of Entry: The Passenger agrees to pay the applicable fare and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to inadmissibility into a country, whether of transit or destination. In such circumstances the airline will not refund the fare to the Passenger.
 
6.7  Passenger Responsible for Fines, Detention Costs, etc.: If the airline is required to pay or deposit any fine or penalty or incur any expenditure by reason of the Passengers' failure to comply with laws, regulations, orders, demands or other travel requirements of the countries flown from, into or over or to produce the required documents, the Passenger shall on demand reimburse any amount so paid or expenditure so incurred or to be paid. The airline may apply towards such payment or expenditure the value of any carriage unused or any funds due to the Passenger in the possession of the airline.
 
6.8  Security Inspections: The Passenger shall submit to any security, health or other checks by any Government or any airport officials or by the airline
 
Article 7
Refusal and Limitation of Carriage
7.1  Right to refuse carriage: the airline may refuse carriage of a Passenger or Passenger's baggage for reasons of safety or if, in the exercise of reasonable discretion of the airline, it is determined that:
 
 
  1. such action is necessary for reasons of safety or security;
  2. such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over;
  3. The conduct, status, age or mental or physical condition of the Passenger or the physical condition of the baggage is such as to (i) require special assistance or (ii) cause harm, discomfort or make the Passenger objectionable to other passengers or our crew or (iii) involve any hazard or risk to the Passenger or other persons or property;
  4. The Passenger has committed and act of misconduct on a previous flight and such conduct may be repeated;
  5. The Passenger has not observed, or is likely to fail to observe instructions of the airline;
  6. The Passenger has refused to submit to security or other checks;
  7. the applicable fare or any charges or taxes payable have not been paid;
  8. the payment of the fare is fraudulent;
  9. The passenger does not have the proper and valid documents for travel;
  10. the booking of our Seat and/or obtaining the Ticket has been done fraudulently or unlawfully or has been purchased from a person or entity who is not duly authorized by the airline;
  11. the credit card by which the fare was paid or the Ticket has been reported lost or stolen;
  12. the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;
  13. the Itinerary has been altered by any person or entity other than the airline or its authorized agent, or has been mutilated (in which case the airline reserves the right to retain such documentation); and/or
  14. the person checking in or boarding cannot prove that he is the person named as the Passenger on the Itinerary (the airline reserves the right to retain such Itinerary in such circumstances)
7.2  Unaccompanied Child: Children below age 12 will be accepted for carriage without an adult, upon payment of the full applicable adult fare for the relevant booking class.
   
7.3  Special Assistance: Acceptance for carriage of incapacitated persons, persons with illness or other people requiring special assistance is subject to prior arrangement with the airline. Passengers with disabilities who have advised of any special requirements they may have at the time of booking of the Seat and been accepted by the airline, shall not subsequently be refused carriage on the basis of such disability or special requirements. The airline may charge a fee for providing such special requirements.

Destination Wheel Chair –
Per Flight
Ambulift + Wheel Chair –
Per Flight
Sri Lanka 01 pax - USD 15/- 01 pax - USD 25/-
Dubai 01 pax - AED 140 01 pax - AED 280/-
India 01 pax - USD 20/- 01 pax - USD 46/-
kuwait 01 pax - Free of Charge 01 pax - USD 67/-
   
7.4  Pregnant Passengers: It is the duty of pregnant Passengers to advise the airline of the progress of their pregnancy at the point of booking of Seat and at the check-in counter. The  carriage of pregnant Passengers are subject to the following conditions:
  1. Pregnancy up to 28 weeks: the airline will carry without a doctor's certificate subject to the Passenger signing a Limited Liability Statement.
  2. Pregnancy 28 weeks to 35 weeks: Passenger shall produce a doctor's certificate confirming that she is fit to travel which certificate shall have a validity period of not less than seven (7) days from the date of scheduled departure. The pregnant Passenger will also be required to sign a Limited Liability Statement.
  3. Pregnancy 36 weeks and more: The airline will refuse carriage.
   
7.5  Infants less than 8 days-old: The airline reserves the right to refuse carriage of infants who are less than eight (8) days old. The airline may in its absolute discretion decide to carry such infants on flights when such carriage is expressly sanctioned in writing by a medical practitioner and when the parent of the infant signs a Limited Liability Statement. The fares for infants under the age two (2) years (on the date of travel)
But above eight (8) days old are provide for a charge of 20% of the fare payable by the accompanying adult/parent.
An infant may travel provided he sits on an adult's lap. Only one (1) infant isare allowed on board the allowed for one(1) adult. No baby seats or perambulators aircraft.
   
Article 8
Baggage
8.1  Items Unacceptable as Baggage or to be Carried Inside Baggage: The airline reserves the right to refuse carriage of baggage or such items found in the baggage in the following circumstances:
 
  1. Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
  2. Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms & Conditions and Conditions of Contract.
  3. Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over;
  4. Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
  5. Fragile or perishable items;
  6. Live or dead animals;
  7. Human or animal remains;
  8. Firearms and ammunition;
  9. Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infectious and/or toxic substances (such as viruses, bacteria), radioactive material (such as radium) corrosives (such as acid, alkali, mercury, thermometers, wet cell batteries), magnetic substances, oxidizing materials (such as bleaches).
  10. Weapons such as antique firearms, swords, knives, blades and/or sharp objects or items provided that such items may be allowed as checked baggage at the absolute discretion of the airline for very special reasons. The said items or objects cannot be carried into the aircraft for any reason whatsoever.
   
8.2  Valuable and Fragile Goods: Passengers are strongly advised not to check in such items as baggage. If such items are part of the checked in baggage, the Passengers agree that carriage of such items will be at their own risk. Such items include money, jewellery, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like.
   
8.3  Right to Search: For reasons of safety and security, the airline may require the Passenger and/or baggage to undergo and/or be subjected to a search, x-ray or other type of scan. The airline reserves the right to search the Passenger's Baggage in the absence of the Passenger and/or if he/she is not available, for the purpose of determining whether he/she is in possession of or whether such Baggage contains any unacceptable or prohibited items. If the Passenger refuses to comply with such searches or scans the airline reserves the right to refuse carriage of the Passenger and his/her Baggage without refund of fare and without any other liability towards the Passenger.  In the event that a search or scan causes injury to you or damage to your Baggage, the airline shall not be liable for such injury or damage unless the same is due to our fault or negligence.
   
8.4  Checked Baggage: Upon delivery to the airline of Baggage to be checked in, the airline shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have the name or other personal identification of the Passenger affixed securely to it. Checked Baggage will be carried on the same aircraft as the Passenger unless the airline decides for safety, security or operational reasons to carry it on an alternative flight. If Checked Baggage is carried on a subsequent flight the airline will deliver same to the Passenger within a reasonable time of arrival of that flight unless applicable law requires the Passenger to be present for customs clearance.
   
8.5  Free Baggage Allowance: The Passenger may transport free of charge Checked Baggage up to a maximum of 20 kilogrammes subject to conditions and limitations of the airline, which may be changed from time to time without prior notice.  Refer fee schedule.
   
8.6  Excess Baggage: The Passenger is not entitled to transport Baggage in excess of the Free Baggage Allowance. If, in the absolute discretion of the airline, baggage in excess of the Free Baggage Allowance is accepted for carriage, the Passenger shall pay a charge for the carriage of such excess Baggage at the rates provided for in the fee schedule (which rates may be changed or varied at any time and from time to time and will be available upon request at check-in counters).
   
8.7  Unchecked Baggage: Only one (1) piece of baggage is allowed to be carried on board provided that it does not exceed the dimensions of 55CMX40CMX20CM and provided that it does not weigh more than 7kg. Such baggage must fit under the seat in front of the Passenger or in an enclosed storage compartment in the cabin. Items determined by the airline to be of excessive weight or size or of an offensive nature will not be permitted on board. A Passenger is also required to comply with international airline regulations relating to items allowed to be packed or contained in Unchecked Baggage, which regulations may be changed and/or varied from time to time.
   
8.8  Collection and Delivery of Baggage: The Passenger shall collect his /her Checked Baggage as soon as it is available for collection at the end of the journey. If the Passenger does not collect same within a period of seven (07) days and the said baggage needs to be stored, the airline may charge a storage fee. If Checked Baggage is not claimed within three (3) months from the time it was made available for collection, the airline may dispose of same without incurring any liability towards the Passenger. Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the baggage was checked in is entitled to delivery of same. If a person claiming the Checked Baggage is unable to produce a Baggage Identification Tag for identification, such Baggage will be delivered to such person only on condition that he/she has established to the satisfaction of the airline his/her right thereto, and if required such person shall furnish adequate security to indemnify the airline for any loss, damage or expense which may be incurred as a result of such delivery. Acceptance of Checked Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the said Baggage has been delivered in good condition and in accordance with the contract of carriage.
   
Article 9
Schedules, Cancellations
9.1  Schedules: The airline will use its best efforts to avoid delay in carrying the Passenger and his/her baggage. The airline will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and the airline shall not be liable in any way whatsoever for any loss incurred by the Passenger as a result of such change.
   
9.2  Cancellation, Changes of Schedules: At any time after a booking has been made the airline may change its schedules and/or cancel, terminate, divert, postpone reschedule or delay any flight where it reasonably considers such action to be justified by circumstances beyond its control or for reasons of safety or commercial reasons. In such an event, the airline shall at its option, either:
 
  1. carry you at the earliest opportunity on another of its scheduled services on which space is available without additional charge and/or, where necessary, extend the validity of the Passengersbooking; or
  2. should the Passenger choose to travel at another time, retain the value of the fare in a credit account for future travel provided that the Passengerre-books within six (6) months from date of such cancellation.
  3. Make a refund to you in accordance with these Terms and Condition.
    In the event you are unable to provide the airline with a contact number of your point of destination, please contact our representative ticket office/General Sales Agent (GSA) at the point of your destination for information regarding flight re-scheduling, cancellations and/or delays.

9.3  Sole remedies: Upon the occurrence of any of the events set out in Article 9.2 the options outlined in Article 9.2 (a) to (c) are the sole and exclusive remedies available to the Passenger and the airline shall have no further liability.
9.4  Denied Boarding: If the airline is unable to provide the Passenger with previously confirmed space on any flight as a result of over-booking, it shall provide the Passenger with compensation in accordance with the denied boarding compensation policy as referred to in the airlines' Carrier's Regulations.
   
Article 10
Conduct Aboard Aircraft
10.1  If in the  reasonable opinion of the airline, the Passenger conducts him/herself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstructs or hinders the crew in the performance of their duties, or fails to comply with any instruction of the crew including but not limited to those with respect to smoking, alcohol, use of cellular telephones, or use any threatening, abusive or insulting behavior and language towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers of the crew, the airline may take such measures as it deems necessary to prevent continuation of such conduct including restraint. The Passenger may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.
   
10.2  If, as a result of the Passenger's conduct, the airline decides, in exercise of reasonable discretion, to divert the aircraft for the purpose of offloading the Passenger, then the Passenger shall be liable for all costs of whatsoever nature incurred as a result of or arising in relation to such diversion.
   
10.3  For safety reasons, the airline may prohibit or limit operation, on board 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.
   
10.4  Passengers are not allowed to consume their own food on board. Smoking is not permitted on any flight. 
   
Article 11
Liability Limitations
11.1  Warsaw, Montreal Convention Notice: If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention (as amended) or the Montreal Convention of 1999 may be applicable. The Warsaw Convention (as amended) or the Montreal Convention of 1999 governs and in most cases limits the liability of carriers for death or personal injury and/or in respect of loss of or damage to baggage.
11.2  Notice of Baggage Liability Limitations: Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel vary according to the respective laws.
   
Article 12
Refunds
12.1  General: There shall be no refund whatsoever unless in the circumstances as provided herein or in our Carrier's Regulations.
   
12.2  Taxes:If after having made a reservation you do not fly with us, whether or not a refund of the fare is payable, you will be entitled to claim a refund of any taxes advised and paid by you, which as a consequence we have no obligation to pay to any Government or other authority. We reserve the right to deduct an administration fee as provided in the attached fee schedule, from any such refund where you fail to fly with us despite a flight being available.
   
12.3  Proper person /Mode of Refund: In the event that we make a refund, it shall be made in the same mode of payment as was originally made for the reservation and to the person who has paid for the Seat upon presentation of identification and satisfactory proof of such payment.
   
12.4  Currency: All refunds will be subject to Government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the Ticket was paid for but may be made in another currency in accordance with our Carrier's Regulations
   
Article 13
Time Limitation on Claims and Actions
13.1  Notice of Claims: Acceptance of Baggage by the bearer of the Baggage Identification Tag 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 it is proven otherwise. If the Passenger wishes to file a claim or an action regarding Damage to Checked Baggage, the Passenger must notify the airline as soon as such Damage is discovered, and at the latest, within seven (7) days of receipt of the Baggage. If the Passenger wishes to file a claim or an action regarding delay of Checked Baggage, he/she must notify the airline within twenty-one (21) days from the date the Baggage was placed at the Passenger's disposal. Every such notification must be in writing and posted or delivered to the airline within the above periods.
   
13.2  Limitation of actions: Any right to damages shall be extinguished if an action is not brought against the airline within two (2) years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by law of the court where the case is heard.
   
Article 14
Modification and Waiver
14.1  Agents, employees or representatives of the airline shall not have the authority to alter, modify or waive any provisions of these Terms & Conditions.