Article 1 Definitions
In these Conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them.
we, our, ourselves and us means Fly Allways. you, your and yourself means any person, except members of the crew, carried or to be carried in an aircraft, having a ticket, including an electronic ticket, valid for the transportation. (See also the definition for passenger).
Agreed stopping places means those places, except the place of departure and the place of destination, set forth in the ticket or shown in our timetables as scheduled stopping places on your route.
Authorized agent means a ticket sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
Baggage means such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it includes both checked an unchecked baggage of the passenger.
Baggage check means those portions of the Ticket which relate to the carriage of your checked baggage.
Baggage identification tag means a document issued by Carrier solely for identification of checked baggage.
Carrier includes the air carrier issuing the ticket on all air carriers that carry or undertake to carry the passenger and/or his baggage thereunder.
Carrier's regulations mean rules, other than these Conditions, published by Carrier on in effect on date of ticket issue, governing carriage of passengers and/or baggage and shall include any applicable tariffs in force.
Checked baggage means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage check.
Confirmed reservation means a booking for a flight or a series of flights in circumstances where the following conditions are met: a seat is removed from inventory with the status “HK - confirmed”; payment has been made in full at an airport ticket desk, reservations office, call center or website of Fly Allways or its approved agents, by cash, credit card, or debit card; all flight sectors are confirmed; the applicable booking details match those in the passenger ticket and baggage check held by the passenger; and the passenger has been advised that their travel booking is confirmed. A confirmed reservation will exist for the purposes of Article 9 only, where the passenger has been issued a ticket or other proof which indicates that the reservation has been accepted and registered by Fly Allways or our approved agents.
Conjunction Ticket means a ticket issued to a passenger in conjunction with another ticket which together constitute as single contract of carriage.
Convention means whichever of the following instruments is applicable to the contract of carriage: ` 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);
- the Warsaw Convention as amended at The Hague 28 September 1955;
- the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;
- the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal 1975;
- the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 3 of Montreal 1975.
Check-In Deadlines (CID) means the time limit before which Passengers must have carried out their check-in formalities and received their boarding pass, and where applicable the Baggage must have been issued at the check in desk
Days means calendar days, including all seven days of the week; provided that, for notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted.
Damage includes death, wounding, or bodily injury to passengers’ loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental to it performed by us
Denied Boarding the refusal of any Passenger to carry on a flight, although the Passenger reported himself prior to boarding. The deny boarding is being based on reasonable grounds that have to do with reasons regarding health, safety or security or inadequate travel documentation.
Flight coupon means that portion of the ticket that bears the notation “good for passage” and indicates the particular places between which passenger is entitled to be carried.
Force Majeure means such as act of God, war, threat of war, strike, labor disputes involving complete or partial stoppage of work, civil riots, blockade, embargo, hijacking, intervention of any governmental authority, adverse weather conditions, fire, flood, fog, storm, hail, earthquake, or any other event considered under the governing law as an extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken, Covid-19 or any other pandemic where limitations and lockdowns are imposed.
Passenger means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier. (See also the definition for you, your and yourself).
Passenger coupon or passenger receipt means that portion of the ticket issued by or on behalf of Carrier, which is so marked, and which ultimately is to be retained by the passenger.
Stopover means a deliberate interruption of a journey by the passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by Carrier.
Ticket means the (electronic) document entitled “Passenger Ticket and checked baggage” issued by or on behalf of carrier and includes the Conditions of Contract and notices and the flight and passenger coupons contained therein.
Unchecked baggage means any baggage of the passenger other than checked baggage.
Article 2 Applicability
2.1.1 Except as provided in 2.2-2.5, these Conditions of Carriage apply to all carriage by air of passengers and baggage, performed by us for reward.
2.1.2 These Conditions also apply to gratuitous and reduced fare carriage except to the extent that we have provided otherwise in Regulations or in the relevant contracts, passes or tickets.
2.2 Charters Operations If Carriage is performed pursuant to a charter agreement, only to the extent they are incorporated by reference by the terms of the charter agreement and the charter ticket.
2.3 Overriding Law
These conditions of carriage are applicable unless they are inconsistent with tariffs or applicable law in which event such tariffs or laws shall prevail. If any provision of these conditions of' carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.4 Conditions Prevail Over Regulations
Except as provided herein, in the event of inconsistency between these Conditions and Carrier's regulations, these Conditions shall prevail, except where tariffs in force in the United States or Canada apply, in which case the tariffs.
Article 3 Tickets
3.1 Requirement for valid ticket
3.1.1 We will provide carriage only to the passenger named in the ticket and you may be required to produce appropriate identification.
3.1.2 A ticket is not transferable.
3.1.3 When a ticket has been issued by us or by one of our agents on our behalf it is and remains always our property.
3.1.4 Except in the case of an electronic ticket, you shall not be entitled to be carried on a flight unless you present a valid ticket containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. In addition, you shall not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by us or our authorized agent. In the case of an electronic ticket you shall not be entitled to be carried on a flight unless you provide positive identification and a valid electronic ticket has been duly issued in your name.
3.1.5 In case of either loss or mutilation of all or part of a ticket, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, we will, on your request, if the ticket has been issued by us or by one of our agents on our behalf, replace such ticket or part of it by issuing a new ticket, provided there is evidence, readily ascertainable at the time, that a ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses which are necessarily and reasonably incurred by us or another carrier for misuse of the ticket and which do not result from our own negligence. Where such evidence is not available where you do not sign an agreement. we may require you to pay, up to the full ticket price for a replacement ticket, subject to refund, when the issuing carrier is satisfied that the original ticket has not been used before the expiry of its validity. The issuing carrier may levy a reasonable administration charge for this service.
3.I.6 A ticket is valuable, and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.2 Period of Validity
3.2.1 Except as otherwise provided in the ticket, these conditions, or in tariffs (which may limit the validity of a ticket, in which case limitation will be shown on the ticket) a ticket is valid for:
- one year from the date of issue or, within one year from the date of first travel provided that first travel occurs within 1 year from date of issue;
- whichever is longer.
- first travel or
(a) one year from the date of issue or
(b) 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; whichever is longer.
3.2.2 When you are prevented from traveling within the period of validity of the ticket because at the time you request reservations we are unable to confirm a reservation, either we will extend the validity of such ticket or you may be entitled to a refund from us in accordance with Article 10.
3.2.3 If after having commenced your journey, you are prevented from travelling within the period of validity of the ticket because of illness, we may extend the period of validity of your ticket until either the date when you become fit to travel (according to a medical certificate) or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. When the flight coupons remaining in the ticket, or in the case of an electronic ticket, the electronic coupon, involve one or more stopovers, we may extend the validity of such ticket for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of tickets of other members of your immediate family accompanying you.
3.2.4 In the event of death of a passenger en route, we may modify the tickets of persons accompanying the passenger by waiving the minimum stay or extending the validity. In the event of death in the immediate family of a passenger who has commenced travel, we may likewise modify the validity of the passenger's tickets and those of his or her immediate family who are accompanying the passenger. Any such modification shall be made on receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of the death.
3.3 Flight Coupon Sequence
3.3.1 Carrier will honour flight coupons only in sequence from the place of departure as shown on the ticket.
3.3.2 The ticket you have purchased is valid for transportation from your point of origin, via agreed stop-over and/or transfer points, to the destination as shown on your ticket. The fare you have paid is calculated based on the entire journey shown on the ticket. Should you wish to change your journey you must contact us in advance. The fare for your new journey will be recalculated and you will be given the option of accepting the new price or maintaining your original journey as ticketed. Should you change your journey without our agreement we reserve the right to assess the correct fare for your actual travel and collect from you any difference between the fare you have paid and the fare applicable for your revised journey. We will refund the difference if your new fare is lower.
3.3.3 Please be aware that while some types of changes will not result in a changed fare, others, such as changing your point of origin or reversing the direction you travel, can result in an increase in price. Many special fares are valid only, on the dates and flights shown on the ticket and may not be changeable at all, or only on payment of an additional fee.
3.3.4. Each coupon will be accepted for carriage in the class of service specified on the coupon on the date and flight for which space has been reserved. When coupons are issued without a reservation being specified, space may be reserved, subject to the conditions of the relevant fare and the availability of space on the flight requested.
3.4 Name and address of carrier
Our name may be abbreviated to our airline designator code in the ticket. Our address shall be deemed to be the airport of departure shown opposite the first reference to our designator code in the "carrier" box in the ticket or, in the case of an electronic ticket, as indicated for our first flight set out in the itinerary/receipt.
Article 4 Fares and Charges
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport Service between airports and between airports and town terminals, unless provided by Carrier without additional charge.
4.2 Applicable fares
Subject to Article 4.3, applicable fares are those in effect on the date of payment in full of the ticket. Should you change your itinerary or dates of travel, this may impact the fare to be paid. We may increase the fare after you have made payment in full in order to take account of increases in costs, provided that on such a case, you may cancel the ticket and obtain, at your option, a full refund of the funds paid.
4.3 Taxes fees and charges
Applicable taxes fees and charges imposed by government or other authority, or by the operator of an airport shall be payable by you. At the time you purchase your ticket, you will be advised of all applicable taxes, fees and charges known to us, and most of these will normally be shown separately on the ticket. However, as the taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of ticket issuance you may be obliged to pay additional taxes, fees or charges, even after the ticket has been issued. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.
Fares and charges are payable in the currency of the country in which the ticket is issued, unless another currency is indicated by us or our authorized agent at or before the time payment is made for example, because of the non-convertibility of the local currency. We may, at our discretion, accept payment in another currency.
Article 5 Reservations
51 Reservation Requirements
5.1.1 Reservations are not confirmed until recorded as accepted by us or our authorized Agent.
5.1.2 As provided in our Regulations (this is information is available on request from us or our authorized agents), certain fares may have conditions which limit or exclude your right to change or cancel reservations.
5.2 Ticketing Time Limits
If you have not paid for the ticket (or made credit arrangements with us) prior to the specified ticketing time limit, we will cancel the reservation without notice.
5.3 Personal Data
You recognize that personal data has been given to us for the purposes of making a reservation, purchasing a ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies about your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, authorized agents, government agencies, other carriers or the providers of the above-mentioned services.
We do not provide seat selection or allocation service. We will try to accommodate advance-seating requests; however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
5.5 Service charge when space not occupied
Except in the case of travel on nonrefundable fares, a service charge may be payable by you if you fail to use your reservation.
5.6 Reconfirmation of reservations
Onward or return reservations may be subject to the requirement to reconfirm the reservation within specified time limits. We will advise you when we require reconfirmation and how and where it should be done, however, you should check the requirements of any other carriers involved in your journey with them. Where it is required you should reconfirm with the carrier whose code appears for the flight in question on the ticket coupon. Failure to reconfirm may result in cancellation of any onward or return reservations.
5.7 Cancellation of onward reservation
Notwithstanding Article 5.1. If you do not use a reservation, your return or onward reservations may be cancelled.
Article 6 Check-In / Boarding
You shall arrive at our check-in location at least two hours prior to the time of departure and at the boarding gate sufficiently in advance of flight departure to permit completion of any Government formalities and departure procedures and in any event not later than the time that may be indicated by us when you check in. If you fail to arrive in time at our check-in location or boarding gate or appear improperly documented and not ready to travel, we will cancel the space reserved for you and will not delay the flight. We are not liable for loss or expense due to your failure to comply with the provisions of this Article.
Article 7 Refusal and Limitation of Carriage
7.1 Right to Refuse Carriage
We may refuse carriage, at our reasonable discretion, of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:
7.1.1 such action is necessary to comply with any applicable government laws, regulations, or orders of any state or country to be flown from, into or over; or
7.1.2 Your conduct, age, or mental or physical state is such as to:
126.96.36.199 require special assistance as mentioned in article 7.2 of us, or
188.8.131.52 cause discomfort or make you objectionable to other passengers, or
184.108.40.206 involve any hazard or risk to you or to other persons or to property; or
7.1.3 such action is necessary because you failed to observe our instructions; or
7.1.4 you have refused to submit to a security check; or
7.1.5 you have not paid the applicable fare, taxes or charges;
7.1.6 you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your documentation during flight or refuse to surrender your travel documents to the flight crew against receipt, when so requested;
7.1.7. you present a ticket that has been acquired unlawfully, has been purchased from an entity other than us or our authorized agent, or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the ticket;
7.1.8 you have not used the coupons in sequence, or you present a ticket, which has been issued or altered in any way, other than by us or our authorized agent, or the ticket is mutilated;
7.1.9 you fail to observe our instructions with respect to safety or security,
7.1.10 you have previously committed one of the acts or omissions referred to above.
7.2 Special assistance / limitation of carriage
Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women or persons with illness may be subject to prior arrangement with us, in accordance with Regulations further information is available from us on request.
Article 8 Baggage
8.1 Items Unacceptable as Baggage
8.1.1 You shall not include in your baggage:
220.127.116.11 items which do not constitute baggage as defined in Article 1 hereof;
18.104.22.168 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 Regulations (further information is available from us on request);
22.214.171.124 items of which the carriage is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over;
126.96.36.199 items which in our reasonable opinion are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items also regarding, among other things, the type of aircraft being used for the particular flight (information about unacceptable items are available on request);
188.8.131.52 live and/or dead animals, human remains, Firearms, ammunition and Dangerous goods (information about unacceptable items are available on request).
8.1.2 You shall not include in checked baggage, fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
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8.1.5 If any items referred to in 8.1.1 or 8.1.2 are carried, whether or not they are prohibited from carriage as baggage, we shall not be hold responsible for any loss or damage to such items.
8.2 Right to Refuse Carriage
8.2.1 we will refuse carriage as baggage of such items described in 8.1 as are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery thereof.
8.2.2 we may refuse to carry as baggage any item reasonably considered by us to be unsuitable because of its size, shape, weight, contents or character. The foregoing at our reasonable discretion based on safety or operational reasons and the comfort of other passengers. (information about unacceptable items are available on request).
8.2.3 Unless advance arrangements for its carriage have been made with us, we may carry on later flights baggage which is in excess of the applicable free allowance.
8.2.4 we may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling.
8.3 Right of Search
For reasons of safety and security, we may request you to permit a search to be made of you and your baggage, and may search or have searched your baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your baggage contains any item described in 8.1.1 If you are unwilling to comply with such request we may refuse to carry you or your baggage. If during the safety and security search, x-ray or other type of scan, damage is caused to you or your baggage, we shall not be held liable for such damage unless it due to our gross negligence or willful misconduct.
8.4 Checked Baggage
8.4.1 Upon delivery to us of your baggage to be checked prior to boarding, we shall take custody thereof and issue a baggage identification tag for each piece of your checked baggage.
8.4.2 If baggage has no name, initials or other personal identification, you shall affix such identification to the baggage prior to acceptance.
8.4.3 Your checked baggage will be carried on the same aircraft as you unless we decide that this is impracticable due to safety, security or operational reasons, in which case we will carry your checked baggage on our next flight on which space is available.
8.5 Free Baggage Allowance
You may carry free of charge baggage as specified and subject to the conditions and limitations in our Regulations (this is information is available on request from us or our authorized agents).
8.6 Excess Baggage
You shall be required to pay a charge for the carriage of baggage in excess of the free baggage allowance. (Information of the applicable rates are available upon request from us).
8.7 Excess Value Declaration and Charge
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8.8.1 Baggage which you carry on to the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin. We may specify maximum dimensions for baggage you carry on the aircraft. Items determined by us to be of excessive weight or size will not be permitted in the cabin.
8.8.2 Objects not suitable for transport in the cargo compartment (such as delicate musical instruments and the like) will only be accepted for transportation in the cabin compartment if due notice has been given in advance and permission granted by us. The transport of such objects may be charged for separately.
8.9 Collection and Delivery of Baggage
8.9.1 You shall collect your baggage as soon as it is available for collection at places of destination or stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your checked baggage not be claimed within three months of the time it is made available, we may dispose of it without any liability to you.
8.9.2 Only the bearer of the baggage check and identification tag, delivered to the passenger at the time the baggage was checked, is entitled to delivery of baggage. Failure to exhibit the baggage identification tag shall not prevent delivery provided the baggage check is produced and the baggage is identified by other means.
8.9.3 If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage check and identification tag, we will deliver the baggage to such person only on condition that he or she establishes to our reasonable satisfaction his or her right to the baggage, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us because of such delivery.
8.9.4 Acceptance of baggage by the bearer of the baggage check and identification tag without any written complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.
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Article 9 Schedules, Cancellation of Flights
We undertake to use our best efforts to carry you and your baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel.
9.2 Cancellation, Changes of Schedule.
If due to circumstances beyond our control we:
- cancel or delay a flight, or
- are unable to provide previously confirmed space, or
- fail to stop at your stopover or destination point or
- cause you to miss a connecting flight on which you hold a confirmed reservation, we shall either:
9.2.1 carry you to an another of our scheduled passenger services on which space is available; or
9.2.2 reroute you to the destination indicated on the ticket or applicable portion thereof by our own scheduled services or the scheduled services of another carrier, or by means of surface transportation. If the sum of the fare, excess baggage charge and any applicable service charge for the revised routing is higher than the refund value of the ticket or applicable portion thereof, we shall require no additional fare or charge from you, and shall refund the difference if the fare and charges for the revised routing is lower; or
9.2.3 make a refund in accordance with the provisions of Article 10.2; and shall be under no further liability to you.
9.3 Denied Boarding compensation
If we are unable to provide previously confirmed space, we shall provide compensation pursuant to our denied boarding compensation policy. (further information is available from us on request)
9.4 Substitution of Carrier / Aircraft
We reserve the right to substitute an alternative carrier and / or aircraft.
9.5 Carrier shall not be liable for any delay or failure in the performance due to any event of force majeure
Article 10 Refunds
On failure by us to provide carriage in accordance with the contract of carriage, or where you request a voluntary change of your arrangements, refund for an unused ticket or portion thereof shall be made by us in accordance with this Article and with our Regulations (this is information is available on request from us or our authorized agents).
10.2 Person to Whom Refund will be Made
10.2.1 Except as hereinafter provided in this Article, we shall be entitled to make refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof of such payment.
10.2.2 If a ticket has been paid for by a person other than the passenger named in the ticket, and we have indicated on the ticket that there is a restriction on refund, we shall make a refund only to the person paying for the ticket or to that person's order.
10.2.3 Except in the case of lost tickets, refunds will only be made on surrender to us of the passenger coupon or passenger receipt and surrender of all unused flight coupons.
10.2.4 A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself out as a person to whom refund may be made in terms of 10.2.1 or 10.2.2 shall he deemed a proper refund and shall discharge us from liability and any further claim for refund.
10.3 Involuntary Refunds
If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at a point to which the passenger is destined or ticketed to stopover, are unable to provide previously confirmed space the amount of the refund shall be:
10.3.1 if no portion of the ticket has been used, an amount equal to the fare paid;
10.3.2 if a portion of the ticket has been used, the refund will be the higher of:
10.3.2.1 the one-way fare (less applicable discounts and charges) from point of interruption to destination or point of next stopover, or
10.3.2.2 the difference between the fare paid and the fare for the transportation Used, less any reasonable service charges and cancelation fees.
10.4 Voluntary Refunds
If you wish a refund of your ticket for reasons other than those set out in Paragraphs of this Article, the amount of the refund shall be:
10.4.1 if no portion of the ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees;
10.4.2 if a portion of the ticket has been used, the refund will be 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 applicable service charges or cancellation fees.
10.5 Refund on Lost Ticket
10.6 Right to Refuse Refund
10.6.1 After the expiry of the validity of the ticket, we will refuse refund when application therefore is made.
10.6.2 we may refuse refund on a ticket which has been presented to us or to Government officials of a country as evidence of intention to depart therefrom, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart therefrom by another carrier or another means of transport.
10.7.1 Refunds will be made in the currency in which the ticket was paid for.
Article 11 Conduct Aboard Aircraft
1. If you conduct yourself aboard the aircraft to endanger the aircraft or any person or property on board or obstructs the crew in the Performance of their duties or fails to comply with any instruction of the crew or behaves in a manner to which other passengers may reasonably object, we may take such measures as it deems necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point or refused any further carriage of your flight network and may be prosecuted for offences committed on board the aircraft.
2. for safety reasons we may forbid or limit you to operate aboard the aircraft portable radios, electronic games or transmitting devices including radio-controlled toys and walkie-talkies. You shall not operate any other electronic devices on board without our permission, except that portable recorders, hearing aids and heart pacemakers may be used.
Article 12 Arrangements by Carrier
If in the course of concluding the contract of carriage by air, we also agree to make arrangements for the provision of additional services, we shall have no liability to you except for gross negligence on our part in making such arrangements.
Article 13 Administrative Formalities
You shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with our Regulations and instructions (this is information is available on request from us or our authorized agents). We shall not be liable for any aid or information given by any agent or employee of us to you in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to you resulting from your failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2 Travel Documents
You shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned. we reserve the right to refuse carriage if you who have not complied with applicable laws, regulations, orders, demands or requirements or your documents do not appear to be in order.
13.3 Refusal of Entry
If you are denied entry into any country, you must pay to us the cost of any fine or charge assessed against us by the Government concerned and 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 or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, you shall on demand reimburse to us any amount so paid or deposited and any expenditure so incurred. We may use towards such expenditure any funds paid to us for unused carriage, or any funds of you in that is in our possession.
13.5 Customs Inspection
If required, you shall attend inspection of your baggage, checked or unchecked, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you through your failure to comply with this requirement.
13.6 Security Inspection
You shall submit to any security checks by Government or airport officials or by us.
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Article 15 Liability for Damage
15.1 The liability of Fly Allways will be determined by its own Conditions of Carriage. Our liability provisions are as follows:
15.1.1. Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.
15.1.2. Where your carriage is not subject to the liability rules of the Convention, the following rules shall apply.
15.1.2(a) Any liability we have for damage, will be reduced by any negligence on your part which causes or contributes to the damage in accordance with applicable law.
15.2.1 We shall be liable for damage to you or your checked baggage only if such damage has been caused by our gross negligence. If there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence;
15.2.2 except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result:
184.108.40.206 with respect to delay, we shall be under no liability except as provided in these Conditions of Carriage.
To the extent not in conflict with the foregoing and whether or not in the Convention applies: 15.3.1 We are liable only for damage occurring on our own line. A Carrier issuing a ticket or checking baggage over the lines of another Carrier does so only as agent for such other Carrier.;
15.3.2 We are not liable for damage to unchecked baggage unless such damage is caused by our negligence. If there has been contributory negligence on your part, then our liability shall be subject to the applicable law relating to contributory negligence;
15.3.3 We are not liable for any damage arising from your compliance with any laws or Government regulations, orders or requirements, or from your failure to comply with the same;
15.3.4 except in the case of acts or omissions 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 to USD20.00 per kilogram and in the case of damage to unchecked baggage shall be limited to USD400.00 per passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the 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 service concerned, as provided in our Regulations (this is information is available on request from us or our authorized agents). If in the case of checked baggage, a higher value is declared, only than shall our liability be limited to such higher declared value;
15.3.5 Our liability shall not exceed the amount of proven damages. We shall furthermore not be liable for indirect or consequential damages;
15.3.6 We are not liable for injury to you or for damage to your baggage caused by property contained in your baggage. Whenever your property causes injury to another person or damage to another person's property or our property you shall indemnify us for all losses and expenses incurred by us as a result thereof;
15.3.7 We are not liable for damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, which are included in your checked baggage;
15.3.8 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.;
15.3.9 any exclusion or limitation of our liability shall apply to and be for the benefit of agents, employees and our representatives and any Person whose aircraft is used by us and such person's agents, employees and representatives. The aggregate amount recoverable from us and from such agents, employees, representatives and persons shall not exceed the amount of our limit of liability.
Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of our liability under the Convention or applicable laws.
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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.
16.1.2 If you wish to file a claim or an action regarding damage to checked baggage, you must notify us as soon as you discover the damage, and at the latest within seven (7) days of receipt of the baggage. If you wish to file a claim or an action regarding delay of checked baggage, you must notify us within twenty-one (21) days from the date the baggage has been placed at your disposal. Every such notification must be made in writing.
16.2 Limitation of Actions
Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived or horn the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.