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Conditions of Carriage

Conditions of Carriage for Passengers and Baggage (Conditions of Carriage)

Introduction

If you have been issued with a booking confirmation/ticket for carriage by air by the Airline, or any of our duly authorised agents, you will have a contract of carriage with us. That contract gives you the right to be carried on a flight or series of flights and the terms of carriage are governed by:
  • the terms and conditions of contract of the booking confirmation;
  • these Conditions of Carriage;
  • applicable Tariffs; and
  • our Rules (if any).
Article 1
Definitions

1.1 

Meanings: In these Conditions of Carriage, 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 Hand 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"  means baggage  which the Airline takes custody of and for which a Baggage Check is issued;  
  • Carrier” or “carrier” means any other airline other than Mihin Lanka (Pvt) Ltd;
  • "Conditions of Carriage" means and includes those statements contained in or delivered with the Itinerary, identified as such and which are incorporated by reference, these Conditions of Carriage and notices available at the offices of the Airline,  check-in counters and on our Website;
  • "Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention); the Warsaw Convention as amended at the Hague on 28th September 1928 (the Hague Protocol); the Warsaw Convention as amended by Additional Protocol 1 of Montreal (1975);  the Warsaw Convention as amended by Additional Protocol 2 of Montreal (1975); the Warsaw Convention as amended by Additional Protocol 4 of Montreal (1975); the Guadalajara Supplementary Convention (1961) and the Montreal Convention (1999);
  • "Damage" means death or bodily injury to a Passenger, caused by an accident on board an aircraft or during any of the operations of embarking or disembarking. It also includes damage sustained in the event of total or partial loss or damage to Baggage, which occurs or arises out of or in connection with the contract of carriage. Additionally it means and includes damage occassioned by delay in the carriage by air of Passengers and Baggage;  
  • "Electronic Coupon" means an electronic flight coupon or other value document held in the Airline’s database;
  • "Electronic Ticket" or “E-Ticket” means the Itinerary issued by the Airline or on behalf of the Airline, the Electronic Coupon and if applicable, and 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 Carriage and notices required under the Convention and/or otherwise required including E-ticket;
  • “kgs” means kilogrammes
  • "Passenger", "You", "you", "Your" and "your" means any person, except members of the crew, carried or to be carried in an aircraft with the consent of the Airline;
  • SDR” means Special Drawing Right, the composite unit of currency that is a basket of currencies comprising the Euro, Japanese Yen, Sterling Pound, and US Dollar and which is used as the official unit of exchange of the International Monetary Fund.
  • "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(s) of the Airline or other carriers as the case may be;
  • "Tariff" means the fares and charges published by the Airline electronically or on paper;  
  • "Ticket" or “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 Carriage and notices contained in the E-Ticket;
  • "Unchecked Baggage", means any baggage belonging to the Passenger   other than Checked Baggage;
  • "Airline", "We", "we" "our", "ourselves", and "us" 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 Conditions of Carriage is for convenience only and is not to be used for interpretation of the text

 

Article 2
Applicability

2.1 

General: These Conditions of Carriage apply to the carriage by air and/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 such  carriage and transportation. These Conditions of Carriage are subject to change without notice, provided that no such change shall apply after carriage hereunder has commenced.

2.2

Charters – If Carriage is performed pursuant to a charter agreement, the Charter Regulations (if any) of the Airline shall be applicable thereto and these Conditions of Carriage shall apply only to the extent provided in the said Charter Regulations. Where there are no Charter Regulations applicable, these Conditions of Carriage shall apply to such carriage in so far as they are not excluded by or inconsistent with the terms of the charter agreement and the charter ticket. The passenger, by accepting the carriage pursuant to the said charter agreement, whether or not concluded with the passenger, agrees to be bound by the applicable provisions of such agreement.

2.3.

Code Share - On some services, we have arrangements with other carriers known as “Code Shares”.  This means that even if the passenger has a reservation with the Airline and holds a ticket where Airline’s name or Airline designator code is indicated as the carrier, another carrier may operate the aircraft.  If such arrangements apply, the Airline will advise the passenger of the carrier operating the aircraft at the time the passenger makes a reservation. 

2.4

Terms & Conditions Prevail: Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Conditions of Carriage shall prevail.

2.5 

Language: The language of these Conditions of Carriage is English and even though there may be translations of these Conditions of Carriage 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 Conditions of Carriage including applicable Tariffs and any rules) 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 Conditions of Carriage and the Airline’s other terms, conditions and policies,

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.

3.4

 

3.5

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.

Coupon Sequence & Use - 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. It forms an essential part of our contract with you. 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. The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.

3.5 Change - Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to any event beyond your reasonable control, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next stopover or final destination, without recalculation of the fare. Please also refer to our Refund Policy on our Website.
Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. Please note you will not be entitled to any refund of any balance amount in the event of change of transportation without the Airline’s consent or agreement.

3.6

 Reservations and Re-confirmations - We or our authorised agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s). You should check the reconfirmation requirements of any other carriers involved in your journey with them. Where it is required, you must reconfirm with the carrier whose code appears for the flight in question on the Ticket.

 

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 shall not be responsible to the Passenger for any connecting flights except in the event of delay or cancellation of Airline’s flights/Code Share arrangements with other carriers.

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

  • 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.
  • Infants: 20% of the applicable adult fare for the relevant booking class shall be charged for an infant between the ages of fourteen (14)  days and two (2) years (on the date of travel).  
4.4

 Discounted Fares - Tickets sold at discounted or special fares are non refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket. Please note that special fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all.

4.5 

Currency: Fares and charges are payable in the currency prescribed with the published fares of the Airline unless otherwise specifically stated.

4.6 

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.

4.7 

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.

4.8
 

Administration Fee: We reserve the right to charge a reasonable administration fee for auxiliary services, not included in the price of the Ticket.  

4.9

 Online Ticket Purchases: Where a Passenger purchases his/her Ticket from our Website, payment can be made only in Sri Lankan Rupees (LKR), United States Dollars (US$) and Emirati Dirham (AED). Where online payment is made by Passenger from any other currency other than SLR, US$ and/or AED, the Passenger shall be charged the currency conversion rate applicable on the date of purchase by your credit card issuing bank, and which sum shall be reflected in your credit card statement and the airline shall not be responsible or liable for any bank charges imposed by card issuing bank and/or any difference due to currency conversion rates.  

Article 5
Booking of Flight

5.1 

Payment: Your carriage is confirmed only after full payment of the fare and after the issue of an E-Ticket number. The fare must be paid in full within the stipulated time limit and non-payment within the stipulated time limit will result in the automatic cancellation of your booking. The Airline reserves the right to cancel your booking prior to check-in and/or to disallow the Passenger to board the aircraft for failure to make full payment of the fare..

5.2 

Flight Change: Changes to Itinerary will not be permitted if requested less than four (04) hours 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.

  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;  
  3. The change is not confirmed until the issue of a new E-ticket number; 
  4. Changes to route(s) can be made subject to published fare rules of the Airline;.
  5. Flight Change rules shall 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. Please also refer to our Refund Policy on our Website.

5.3 

Name Change: Each booking is only valid for the Passenger named confirmed booking. No substitution of Passengers shall be allowed.

5.4 

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.

5.5 

Seating: The Airline does not guarantee to provide any particular seat in the aircraft and the Passenger agrees to accept any seat that may be allocated on the flight in the class of service for which the ticket has been issued. Priority for boarding is given to the handicapped, elderly and those traveling with children. 

5.6 

Fares Non- Refundable: Fares are not refundable for any reason whatsoever unless otherwise specified in the applicable fare rules and policies of the Airline.  

 

 

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 One Hour 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 Conditions of Carriage 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 One Hour 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’s staff and/or authorized agents;
  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’s staff and/or authorized agents or causes any disturbance at the counter or abuses the Airline staff and/or authorized agents 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: Passenger’s failure to check in on time or failure to board the aircraft by the time the aircraft departs will be deemed “no-show”. In the event of “no-show”, the fare paid by the Passenger will not be refunded for any reason whatsoever and your onward and/or return reservations shall be automatically cancelled.

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 Conditions of Carriage, rules, 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 us or the relevant carriers and 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 and charges of whatsoever nature in relation to your carriage by air 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, its staff and/or authorized agents;
  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 between the ages of 5 to 12 years 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. The Airline may charge an additional fee for providing such special assistance and/or requirements.

7.4 

Pregnant Passengers: It is the duty of any pregnant Passenger to inform and advise the Airline of the pregnancy and its progress from the point of making a reservation through to check in on the date of scheduled travel. The  carriage of pregnant Passengers are strictly subject to the following conditions:

  1. A pregnant Passenger shall obtain and produce a doctor's certificate confirming that her pregnancy is between one (01) to twenty seven (27) weeks and that she fit to travel. The doctor’s certificate shall have a validity period of not less than seven (07) days from the date of scheduled departure. Where the return date is more than fourteen (14) days after the original date of departure, then a fresh doctor’s certificate needs to be obtained and produced at the time of check in;
  2. It is mandatory for a pregnant Passenger travelling between twenty eighty (28) to thirty four (34) weeks of her pregnancy to obtain and produce a certificate from an Airline approved doctor/medical practitioner confirming that she is fit to travel and such certificate shall have a validity period of not less than seven (7) days from the date of scheduled departure. Where the return date is more than fourteen (14) days after the original date of departure, then a fresh doctor’s certificate needs to be obtained and produced at the time of check in;
  3. The Airline shall refuse carriage where the pregnancy is beyond thirty five (35) weeks;
  4. The Airline reserves the right to refuse carriage if a pregnant Passenger fails and/or refuses to produce the doctor’s certificate referred to in 7.4. (a) and (b) above;
  5. A pregnant Passenger will also be required to sign a Limited Liability Statement.

Liability for Cost & Expenses – If a pregnant Passenger (whether informed to us or not) is are taken ill onboard the aircraft, the pregnant Passenger shall pay to us the costs and expenses incurred by us in treating you onboard the aircraft, transporting you on ground, treatment provided to you by a third party, diversion of aircraft to seek medical assistance for you.

7.5

Infants The Airline reserves the right to refuse carriage of infants who are less than fourteen (14) 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.

Infants under the age two (2) years but above fourteen (14) days old (on the date of travel) will be charged a fare of twenty percent (20%) of the adult fare.

An infant may travel provided s/he sits on an adult's lap. A maximum of one (01) infant is allowed on board for one (01) adult. Travel of twin infants are permitted with one parent only upon payment of an additional adult return E-Ticket for an Airline attendant.   

Only Airline approved baby seats are permitted inside the aircraft.

7.6

Passenger Reimbursement of Medical & other Expenses – If you are taken ill onboard the aircraft due to a condition pre-existing the flight (regardless of whether or not you were aware of it), you will pay to us the costs and expenses incurred by us in treating you onboard the aircraft, transporting you on ground, treatment provided to you by a third party, diversion of aircraft to seek medical assistance for you.

 

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 Conditions of Carriage.
  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 valuable and fragile items as baggage. If valuable and fragile items are part of your Baggage, the Passenger agrees that carriage of such items will be at their own risk. Valuable and fragile 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: At the check-in counter the staff and/or authorized agents of the Airline shall take delivery and custody your Baggage 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. Pooling of Baggage is permitted only in the case of an issue of a single Passenger Name Record (PNR). The Airline shall not be responsible for any loss or damage caused to Checked Baggage pooled between any other Passengers.

8.5

Free Baggage Allowance: Each Passenger may transport free of charge Checked Baggage up to a maximum of twenty (20) kgs subject to out terms, conditions, promotions and limitations of the Airline, which may be changed from time to time without prior notice  and which are available upon request from us or our authorized agents. Your Free Baggage Allowance applicable for your journey will be notified in your E-Ticket.   

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 from our Website and upon request at check-in counters. The rates for carriage of excess Baggage may be changed or varied from time to time at the sole discretion of the Airline. Each Checked Baggage should weigh less than thirty (30) kilogrammes. Pre-payment for Excess Baggage is permitted and any refund is strictly subject to the discretion of the Airline.

8.7 

Hand Baggage: In addition to your Checked Baggage a Passenger will also be entitled to transport with you on board the aircraft any TWO (02) of the following Hand Baggage:-

  1. one (1) piece of baggage not exceeding the dimensions of 55cm x 38cm x 20cm and seven (07) kgs in weight.Such baggage must fit in an enclosed storage compartment in the cabin; or
  2. one (1) small handbag/satchel/brief case; or
  3. one (1) laptop computer and bag; or
  4. one (1) small bag containing your duty free purchases

The dimensions of the types of Hand Baggage referred to in 8.7. (b), (c) and (d) above should be smaller than 25cm x 33cm x 20 cm and fit in under the seat of the Passenger in front of you or if you are seated in any front row, in an enclosed storage compartment in the cabin.
The total weight of your 02 types of Hand Baggage should not exceed seven (07) kgs.
The Hand Baggage size and weight limits are strictly enforced and any Hand Baggage exceeding the permitted allowances must be checked in and applicable Excess Baggage rates paid, Failure to declare and/or check in any excess Hand Baggage shall entitle the Airline, its staff and/or authorized agents to retrieve such excess Hand Baggage at the boarding gate and check in same with limited liability to the Airline. It is the responsibility of the Passenger of such excess Hand Baggage to remove any or all Valuable and/or Fragile Goods referred to in Article 8.2 prior to retrieval by Airline, its staff and/or authorized agents and the Airline shall not be responsible for loss, damage or theft of any such Valuable and/or Fragile Goods packed in any checked in excess Hand Baggage.

A Passenger is also required to comply with international airline regulations relating to items allowed to be packed or contained in Hand Baggage, which regulations may be changed and/or varied from time to time. The Airline shall not be responsible for any loss or damage caused to a Passenger for a breach or violation of these regulations.

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 Checked 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 Passenger’s E-Ticket; 
  2. should the Passenger choose to travel at another time, travel shall be completed within the validity period of the E-Ticket; and/or
  3. make a refund to you in accordance with these Conditions of Carriage.
    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 Airline’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, crew and/or the aircraft, the Airline or its crew 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. Consumption of alcohol is prohibited on board unless it has been served to you by us. We have the right, at any time for any reason, to refuse to serve alcohol or to withdraw any alcohol served.

 

 

Article 11
Liability for Damage

11.1

APPLICABILITY – Our liability for the international carriage of Passengers and Baggage is governed by the Convention. Where other Airlines are involved in your journey, their liability will be governed by applicable law and their respective conditions of carriage. If and to the extent that any of the provisions of these Conditions of Carriage are inconsistent with mandatory and applicable provisions of the Convention or national law, the latter will prevail;

 11.2

ADVICE TO PASSENGERS ON LIMITATION OF LIABILITY: Passengers are advised that the liability of the Airline or carrier for death of or personal injury to Passengers is limited in accordance with the provisions of the Convention. .

11.3 Death or injury to Passengers
  1. Our liability for damages sustained in the event of death, wounding or any other bodily injury in the event of an accident to a Passenger during carriage shall be subject to certain financial limit, as defined by law, Convention or contract;
  2. Notwithstanding the liability limitations set out in the Convention,  if we prove that the damage or injury or death 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.
  3. We shall, without delay, and in any event not later than fifteen days (15) after the identity of the natural person entitled to compensation has been established, make any advance payment as may be required by the Convention to meet immediate economic needs on a basis proportionate to the hardship suffered.
  4. 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  or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.
  5. We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
11.4 Baggage
  1. We will not be liable for damage to unchecked Baggage unless such damage is caused by our negligence.
  2. Except in the case of an act or omission done with intent to cause damage or recklessly and with knowledge  that damage would probably result, our liability in the case of damage to Checked Baggage shall be limited as provided by the Convention,. If the weight of your Checked Baggage is not recorded on the baggage check, it is presumed that the total weight of the checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned.
  3. We shall have no liability whatsoever for damage to articles not permitted to be contained in Checked Baggage under Article 8.2, including valuable, fragile or perishable items, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, title deeds, or other valuables, business documents, passports and other identification documents, or samples.
11.5 General
  1. Where other carriers are involved in your journey, we are not liable for any Damage occassioned during those parts of the journey performed by other carriers 
  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.
  3. Except as may be specifically provided otherwise in these Conditions of Carriage or by applicable law, we shall be liable to you only for recoverable compensatory damages for proven losses.
  4. The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our authorized agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorized agents, employees, representatives and persons shall not exceed the amount of our own liability;
  5. Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the  Convention or applicable laws unless otherwise expressly stated
  6. Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defense 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 Damage.

 

 

Article 12
Refunds

12.1 

General: There shall be no refund whatsoever unless in the circumstances as provided herein or in these Conditions of Carriage and/or applicable fare policies of the Airline.

12.2 

Taxes: If after issuance of an E-Ticket, you do not fly with us, you will be entitled to claim a refund of the airport and country taxes paid by you. We reserve the right to deduct an administration fee, 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 E-Ticket and to the person who has paid for the same 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 E-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 E-Ticket was paid for but may be made in another currency in accordance with our policies and 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 and/or delay to Checked Baggage, the Passenger must notify the Airline as soon as such Damage and/or delay is discovered and before clearing Customs, If the Passenger wishes to file a claim or an action regarding damage and/or loss caused to delayed Checked Baggage, he/she must notify the Airline within seven (07) days from the date the delayed Checked Baggage was placed at the Passenger's disposal. Every such notification must be in writing and posted or delivered to the Airline within the stipulated time period.  

13.2 

Limitation of actions: Any right to damages shall be extinguished if an action is not brought/filed against the Airline in a court of competent jurisdiction 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 Conditions of Carriage.

15.1

Article 15
Services provided by Third Parties
If we arrange for another company or third party to provide you with surface carriage or any other service (e.g. ground transfer, hotel reservations, accommodation or car rentals) or if we issue you with a voucher relating to such service, we do so in the capacity of an agent and the terms and conditions of the company providing you such service will apply and we will have no liability to you regarding such service unless caused solely by our negligence;

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