- Comair Limited trading as British Airways - General conditions of carriage for passengers and baggage
When you buy a ticket to travel on a flight we operate, you enter into a contract of carriage with us. The contract is governed by:
- The conditions in your ticket or itinerary and receipt
- Any tariffs which apply
- These conditions of carriage
- Our regulations.
Comair Limited trading as British Airways - general conditions of carriage for passengers and baggage
Effective 30 December 2009
|1.||What particular expressions mean in these conditions|
|1.1||"We, us, our"||Comair Limited trading as British Airways, with its main place of business situated at 1 Marignane Drive, Bonaero Park, 1619.|
|1.2||"You, your"||any person holding a ticket who is to be carried or is carried on an aircraft, except members of the crew or in relation to ticket refunds, the person who paid for the ticket. (See also the definition for passengers.)|
|1.3||"Agreed stopping places"||the places, except the place of departure and the place of destination, set out in your ticket or shown in our timetables as scheduled stopping places on your route.|
|1.4||"Airline designator code"||the two or three letters or the letter and numbers which identify particular air carriers.|
|1.5||"Authorised Agent"||a passenger sales agent who we have appointed to represent us in selling air transportation on our services.|
|1.6||"Baggage"||your personal property accompanying you on your flight. Unless we say otherwise, this consists of your checked and unchecked baggage.|
|1.7||"Baggage check"||the parts of your ticket which relates to carrying your checked baggage.|
|1.8||"Baggage identification tag"||a document we give you to identify each piece of your checked baggage.|
|1.9||"British Airways"||Comair Limited (see also definition of We, us, our.)|
|1.10||"Carrier"||an air carrier.|
|1.11||"Checked baggage"||baggage which we have taken into our custody and for which we have issued a baggage identification tag or a baggage check or both. (Checked baggage normally travels in the hold of the aircraft.)|
|1.12||"Check-in deadline"||the time limit we has set by which you must have completed check-in and received your boarding pass.|
|1.13||"Conditions of Carriage"||these conditions of carriage or another carrier's conditions of carriage, as the case may be.|
|1.14||"Conjunction ticket"||a ticket we have issued to you in conjunction with another ticket which together make up a single contract of carriage.|
|1.15||"Consumer"||a man or a woman who has bought a ticket under a contract governed by the law of a member state of the European Union and plans to use it for travel outside his or trade, business or profession.|
|1.16||"Convention"||whichever of the following apply:
|1.17||"Coupon"||a paper flight coupon or an electronic coupon, each of which entitles the passenger named on it to travel on the particular flight identified on it.|
|1.18||"Damage"||includes death of, wounding of, or bodily injury to a passenger. It also includes loss, partial loss, theft of, or other damage to baggage arising out of, or in connection with, either carriage on flights we operate or other services we provide.|
|1.19||"Days"||all seven days of the week. For the purpose of sending notices, we will not count the day on which the notice is sent. For the purpose of deciding whether a ticket is valid, we will not count the day on which the ticket was issued, or the first flight began.|
|1.20||"Electronic coupon"||an electronic flight coupon for an electronic ticket held in our computer database.|
|1.21||"Electronic ticket"||an itinerary and receipt, electronic coupons and any boarding document we have issued to you.|
|1.22||"Events beyond your control"||unusual and unforeseen circumstances which you cannot control and the consequences of which you could not have avoided even if you had taken all due care.|
|1.23||"Flight coupon"||the part of your ticket which has the words "Good for Passage" printed on it. In the case of an electronic ticket, it means the electronic coupon. The flight coupon shows the places of departure and destination between which you are entitled to be carried.|
|1.24||"Involuntary fare refund"||a refund, under Clause 10b, of the fare for your ticket.|
|1.25||"Itinerary and receipt"||a document or documents we or our authorised agents issue on paper, by fax, by E-mail, or deliver electronically to passengers travelling with electronic tickets. It contains the passenger's name, flight information and a receipt.|
|1.26||"Passenger"||any person holding a ticket who is carried, or is to be carried, on an aircraft, except members of the operating crew. (See also definition for you, your.)|
|1.27||"Passenger coupon"||the part of your ticket which is marked as such.|
|1.28||"SDR"||a Special Drawing Right as defined by the International Monetary Fund.|
|1.29||"Stopover"||a scheduled stop on your journey at a point between the place of departure and the place of destination.|
|1.30||"Tariff"||the published fares, charges and related conditions of carriage of an airline which have been filed, where required, with the appropriate authorities.|
|1.31||"Ticket"||either a document called "Passenger ticket and baggage check" or an electronic ticket, which we or our authorised agents have issued to you.|
|1.32||"Transit passenger"||a passenger arriving at an airport for onward travel to another country:
|1.33||"Unchecked baggage"||your baggage other than your checked baggage. (You normally take your unchecked baggage with you on to the aircraft.)|
|1.34||"Validity period"||the period for which your ticket is valid.|
|1.35||"Voluntary fare refund"||a refund, under clause 10c, of the fare for your ticket.|
|2.||When these conditions apply|
On some services we have an arrangement with other airlines known as code shares. This means that, even if you have a reservation with us and hold a ticket showing the BA Airline designator code for the flight, another airline may operate the aircraft. If a code share applies to your flight, we or our authorised agent, will let you know if we or another airline will be operating the flight at the time you make a reservation.
|2.c)||Differences between these conditions of carriage and tariffs and laws
If these conditions of carriage are inconsistent with any tariffs or laws which apply to your contract of carriage with us, the tariffs or laws will apply.
|2.d)||Differences between these conditions of carriage and our regulations.
If these conditions of carriage are inconsistent with our regulations, these conditions of carriage will apply.
|2.e)||Validity of these conditions of carriage
If one of these conditions of carriage is invalid, the other conditions will remain valid.
We have an arrangement with British Airways Plc in terms of which we are entitled to operate our aircraft using British Airways Plc's name, livery and Airline designator code.
British Airways flights are operated by us and identified by the flight numbers BA6200 to BA6499. British Airways Plc is not a principal to the contract of carriage on such flight and we have no power to bind British Airways Plc.
British Airways Plc shall not be liable to any passenger on a British Airways flight operated by us except insofar as British Airways Plc is an actual carrier under the relevant Conventions.
Passengers on a British Airways flight operated by us shall not make any claim against British Airways Plc which arises out of or in connection with or as a consequence of the operation of a flight operated by us.
|3.a.1)||We will only carry you if you are the passenger named in the ticket. We may ask you to prove that this is the case.|
|3.a.2)||You cannot transfer your ticket. However, please read Clauses 3e and 3f.|
|3.a.3)||We sell some tickets at discount fares which may be partly or completely non-refundable. You should choose the fare which best suits your needs and consider taking out insurance to cover instances where you might have to cancel your ticket.|
|3.a.4)||Your ticket is our property at all times if it was issued by us or our authorised agents. If your ticket was issued by or on behalf of another airline, it is the property of the airline which issued it.|
|3.a.5)||Except where you have an electronic ticket, you will not be entitled to be carried on a flight unless you have presented a valid ticket to us containing:
You will not be entitled to be carried on a flight if the ticket you have presented is spoiled, torn or damaged or if it has been altered or tampered with unless we or our authorised agent have made the alteration.
|3.a.6)||A ticket is a valuable document and you must make sure it is not lost or stolen.|
|3.b)||Ticket validity period|
|3.b.1)||Unless it says differently on the ticket, in these conditions of carriage, or in any tariff which apply, a ticket is valid for :
|3.b.2)||If you are prevented from travelling within the validity period of the ticket because we could not confirm your reservation at the time you ask for it, we will :
|3.b.3)||If, after beginning your journey:
|3.c)||Using flight coupons in the right sequence and changes in itinerary|
|3.c.1)||Your ticket is valid only for transportation shown on it from the place of departure through any agreed stopping places to the final place of destination. The fare you have paid is based on our tariff for the transportation shown on your ticket. We will not honour your ticket and it will no longer be valid if you do not use all the coupons in the sequence provided in the ticket.|
|3.c.2)||If you want to change all or part of your transportation, you must contact us beforehand. We will work out the revised fare for your changed transportation. You will have the option of either accepting the revised fare or maintaining your original transportation.|
|3.c.3)||If you need to change any aspect of your transportation because of events beyond your control, you must contact us as soon as possible. We will use reasonable efforts to transport you to your next stopover or final destination, without recalculating the fare.|
|3.c.4)||If you change your transportation without our agreement, your unused flight coupons will not be valid for travel and will have no value and we will not carry you until:
|3.c.5)||While some changes to your transportation will not result in a change of fare, others, such as changing the place of departure (for example, because you have not used the first flight coupon in your ticket or you have reversed the direction of your travel) may result in a fare increase. Many fares are valid only for travel on the dates and for the flights shown on the ticket. You may not be able to change these at all or only if you pay us an extra fee to do so.|
|3.c.6)||We will accept each flight coupon in your ticket for transportation in the class of service on the date and flight for which you have a reservation unless you fail to meet the check-in and boarding requirements in Clause 6 or we have to deny you boarding because of overbooking or we exercise our right to refuse to carry you under Clauses 5.d.3 or 7.|
|3.c.7)||If we issue a ticket without a reservation being specified on it, you may make a reservation later but whether you will be able to do so will depend on our tariff and whether a seat is available on your chosen flight.|
|3.c.8)||If you cancel a booking before the check-in deadline for your flight, we will not cancel your return or onward reservation.|
|3.c.9)||If you fail to cancel a booking before the check-in deadline for your flight and do not show up for the flight, we may decide to cancel your return or onward reservation.|
If you ask, we will replace your ticket with a new ticket if:
If we did not issue your ticket, you must apply for a refund from the airline or authorised agent which issued it.
|3.e)||Your rights if you are prevented from travelling by events beyond your control
|3.f)||Your right to transfer your booking to another passenger where the Package Travel, Package Holidays and Package Tour Regulations apply
We or our authorised agents will, if you ask, issue a new ticket to somebody else to replace your ticket if:
|3.g)||Our name and address on tickets
Our name may be abbreviated to the BA airline designator code on the ticket. our address is 1 Marignane Drive, Bonaero Park, Kempton Park, South Africa, 1619. Please also see our timetable for more details on how to contact us.
|4.||Fares, taxes, fees and charges and currency|
|4.a)||Fares and surcharges|
|4.a.1)||Your fare covers transporting you from the airport at the place of departure to the airport at the place of destination, unless we say otherwise.|
|4.a.2)||Your fare does not include ground transportation between one airport and another or between the airport and the town terminal.|
|4.a.3)||We or our authorised agents will work out the fare for your ticket which applies under our tariff on the date you pay for it. The fare will be for travel on the specific dates and itinerary shown on your ticket.|
|4.a.4)||If you want to change either your itinerary or your dates of travel, this may increase the fare.|
|4.a.5)||We may charge any surcharge to the fare for your ticket which applies under our tariff on the date you pay for your ticket, for example a fuel or insurance surcharge.|
|4.b)||Taxes, fees and charges|
|4.b.1)||You must pay any taxes, fees and charges imposed on us or on you by Governments or other authorities, or by operators of airports.|
|4.b.2)||When you buy your ticket, we will tell you about any taxes, fees and charges not included in the fare and they will normally be shown separately on the ticket.|
|4.b.3)||Taxes, fees and charges change constantly and can be imposed or altered after the date we have issued your ticket. If they change or if a new tax, fee or charge is imposed after we have issued your ticket, you will have to pay us any increase. Similarly, if any taxes, fees or charges you pay to us when we issue the ticket are then abolished or reduced, you will be entitled to claim a refund from us.|
|4.b.4)||If you do not use your ticket, you will be entitled to claim a refund of any taxes, fees and charges which you paid, less a reasonable service charge.|
You must pay the fare and any taxes, fees and charges in the currency of the country in which the ticket is issued, unless we or our authorised agents say you must use another currency at or before the time you pay. We may decide to accept payment in another currency.
|5.a.1)||We will record your reservation in our computer system. If you ask, we or our authorised agent, will give you written confirmation of your reservation.|
|5.a.2)||Some fares have conditions attached to them which limit or exclude your right to change or cancel reservations.|
|5.a.3)||We or our authorised agent may charge additional carrier or agency fees for issuing or changing your ticket or provide other reservation services.|
|5.b)||Time Limits for payment of the fare
If you have not paid for your ticket by the deadline we or our authorised agents have set, we may decide to cancel your reservation.
|5.c.1)||We may use the personal information that you provide, including information about how you use our services and facilities ("your personal information"), for the purposes of:
|5.c.2)||For these purposes we may release your personal information to:
|5.d)||Passengers requiring advance arrangements|
|5.d.1)||For passengers with a disability refer to Clause 18.|
|5.d.2)||If you are not a passenger with a disability, but you ask us or our authorised agents at the time of booking to provide any special assistance, we will make reasonable efforts to meet your request.|
|5.d.3)||We may decide not to carry:
|5.e.1)||We will try to honour advance seating requests.|
|5.e.2)||We cannot guarantee that you will be able to sit in any particular seat.|
|5.e.3)||We can change your seat at any time, even after you have boarded the aircraft, as we may need to do this for operational, safety or security reasons|
|5.f.1)||You may have to reconfirm onward or return reservations within certain time limits. We will tell you if you need to reconfirm and how and where you should do this.|
|5.f.2)||If you fail to reconfirm, we may decide to cancel your onward or return reservations.|
|5.f.3)||If you fail to reconfirm but let us know that you still want to travel and there is space on the flight, we will reinstate your reservation and carry you. If there is no space on the flight, we will use reasonable efforts to carry you to your next or final destination on a later flight.|
|5.f.4)||You should check the reconfirmation requirements of any other carriers involved in your journey and where necessary, reconfirm with the carrier whose airline designator code appears on the ticket for the flight in question.|
|5.g)||Service charge when space not occupied
Except where you are travelling on a non-refundable fare, a service charge may be payable to us by you if you fail to use your reservation.
|6.||Check-in and boarding|
Check-in deadlines vary and your journey will be smoother if you allow plenty of time to check in. Please find out the check-in deadlines for your flight before you travel and keep to them. We may also tell you a time by which you must present yourself for check-in.
|6.b)||The check-in deadline for your first flight
We or our authorised agents will tell you the check-in deadline for your first flight with us. Check-in deadlines for all our flights are set out in our website www.ba.com and you can also ask us or our authorised agent for details at any time.
|6.c)||You must check in by the check-in deadline.
If you do not complete the check-in process by the check-in deadline, we may decide to cancel your reservation and not carry you. By completing the check-in process we mean that you have received your boarding pass for your flight.
|6.d)||You must arrive at the boarding gate on time
You must be present at the boarding gate no later than the time we give you when you check in. We may decide not to carry you if you fail to arrive at the boarding gate on time.
|6.e)||We are not liable if you fail to meet deadlines
We will not be liable to you for any loss or expense you suffer if you fail to meet check-in deadlines, fail to present yourself for check-in or fail to be at the boarding gate on time.
|7.||Our right to refuse to carry you or to ban you from travel|
|7.a)||Our right to refuse to carry you
We may decide to refuse to carry you or your baggage if one or more of the following has happened or we reasonably believe may happen.
|7.a.1)||If carrying you or your baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger.|
|7.a.2)||If carrying you or your baggage may affect the comfort of any person in the aircraft.|
|7.a.3)||If you are drunk or under the influence of drink or drugs.|
|7.a.4)||If you are, or we reasonably believe you are, in unlawful possession of drugs.|
|7.a.5)||If your mental or physical state is a danger or risk to you, the aircraft or any person in it.|
|7.a.6)||If you have refused to allow a security check to be carried out on you or your baggage.|
|7.a.7)||If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security.|
|7.a.8)||If you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft.|
|7.a.9)||If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft.|
|7.a.10)||If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties.|
|7.a.11)||If you have put the safety of either the aircraft or any person in it in danger.|
|7.a.12)||If you have made a hoax bomb or other security threat.|
|7.a.13)||If you have committed a criminal offence during the check-in or boarding process or on board the aircraft.|
|7.a.14)||If you have not, or do not appear to have, valid travel documents.|
|7.a.15)||If you try to enter a country for which your travel documents are not valid.|
|7.a.16)||If the immigration authority for the country you are travelling to, or for a country in which you have a stopover, has told us (either orally or in writing) that it has decided not to allow you to enter that country, even if you have, or appear to have, valid travel documents.|
|7.a.17)||If you destroy your travel documents during the flight.|
|7.a.18)||If you have refused to allow us to photocopy your travel documents.|
|7.a.19)||If you have refused to give your travel documents to a member of the crew of the aircraft, when we have asked you to do so.|
|7.a.20)||If you ask the relevant Government authorities for permission to enter a country in which you have landed as a transit passenger.|
|7.a.21)||If carrying you would break Government laws, regulations, or orders.|
|7.a.22)||If you have refused to give us information which a Government authority has asked us to provide about you, including passenger information requested in advance of your flight;|
|7.a.23)||If you have not presented a valid ticket.|
|7.a.24)||If you have not paid the fare (or any applicable surcharges, taxes, fees or charges) for your journey.|
|7.a.25)||If you have presented a ticket acquired illegally.|
|7.a.26)||If you have presented a ticket which you did not buy from us or our authorised agents.|
|7.a.27)||If you have presented a ticket which was not issued by us or our authorised agents.|
|7.a.28)||If you have presented a ticket which has been reported as being lost or stolen.|
|7.a.29)||If you have presented a counterfeit ticket.|
|7.a.30)||If you have presented a ticket with an alteration made neither by us or our authorised agents.|
|7.a.31)||If you have presented a spoilt, torn or damaged ticket or a ticket which has been tampered with.|
|7.a.32)||If you cannot prove you are the person named in the ticket.|
|7.a.33)||If you have changed your transportation without our agreement as set out in Clause 3c.|
|7.a.34)||If you have failed to present your ticket or your boarding pass or your travel documents to us when reasonably asked to do so.|
|7.a.35)||If you have failed to complete the check-in process by the check-in deadline.|
|7.a.36)||If you have failed to arrive at the boarding gate in time.|
|7.a.37)||If you have refused or failed to undergo health screening or a health examination requested by us or by a government or enforcement agency.|
|7.a.38)||If you have behaved in any way mentioned above on or in connection with a previous flight and we believe you may repeat this behaviour.|
|7.b)||Our right to refuse to carry you when we have banned you from our route network|
|7.b.1)||We will be entitled to refuse to carry you or your baggage if we have given you a banning notice and you have bought your ticket while the ban applies.|
|7.b.2)||By a banning notice we mean a written notice we have given to you informing you that you are banned from being carried on our route network. (This means you are banned from travelling on all flights we operate.) This notice will give the date when the ban comes into force and the period for which it applies. A banning notice will also ask you not to buy a ticket or ask or allow anyone to do so for you.|
|7.b.3)||If you travel while a banning notice is in force, we will refuse to carry you and you will be entitled to an involuntary fare refund.|
|8.a)||Your free baggage allowance
We will carry some of your baggage free of charge. Your free baggage allowance will be shown on your ticket, or in the case of an electronic ticket, on your itinerary and receipt, and will depend on our baggage regulations applying at the time of your flight. If you are in doubt, please ask us or our authorised agents for details of your free baggage allowance and our baggage regulations.
You will have to pay a charge for the carriage of baggage over your free baggage allowance. Please ask us or our authorised agents for details of our excess baggage rates.
|8.c)||Items you must not carry in baggage
You must not carry the following in your baggage (whether as checked baggage or unchecked baggage).
|8.d.1)||We no longer carry any firearms on our flights as from 1 March 2013.|
|8.e)||Dangerous items you must not take with you onto the plane|
|8.e.1)||You must not take any item into the aircraft cabin if we tell you that we reasonably believe that its presence there would affect the safety and security of the aircraft or any person in it. You must not take any item into the aircraft cabin which you are forbidden from taking into the aircraft cabin by law.|
|8.e.2)||You must not take antique, toy or replica guns into the aircraft cabin.|
|8.e.3)||You must not take swords, knives, archery bows, arrows or similar weapons into the aircraft cabin.|
|8.e.4)||We may either tell you to check in items referred to in clauses 8.e.1, 8.e.2 or 8.e.3 as checked baggage or refuse to carry them altogether.|
|8.f)||Fragile or perishable items must not be packed in baggage checked into the hold.
You must not include in your checked baggage fragile or perishable items or items of special value such as:
|8.g)||Our right to refuse to carry checked baggage not properly and securely packed
We will refuse to carry checked baggage if we reasonably believe that it is not properly and securely packed in suitable containers.
|8.h)||Our right to search, screen and x-ray you and your baggage|
|8.h.1)||For reasons of safety and security we or our agents may ask to search and screen you and search, screen or x-ray your baggage. We will always try to search, screen or x-ray your baggage when you are present. However, if you are not available, we may search your baggage in your absence.
If you do not allow us to carry out the necessary safety and security searches, screenings and x-rays, we will refuse to carry you and your baggage.
|8.h.2)||If a search or screening causes damage to you, or a search, screening or x-ray causes damage to your baggage, we will not be liable for the damage unless it was caused by our gross negligence or fault.|
|8.i)||Checked baggage (baggage checked into the hold)|
|8.i.1)||You must put your name on each item of checked baggage.|
|8.i.2)||When you check in your checked baggage, we will give you a baggage identification tag for each piece.|
|8.i.3)||We will carry your checked baggage, wherever possible, on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on another flight. If we carry your checked baggage on another flight, we will deliver it to you, unless the law says you must be present for customs clearance.|
|8.j)||Unchecked baggage (baggage you carry on to the plane)|
|8.j.1)||We set maximum dimensions and weights for unchecked baggage, which must also:
|8.j.3)||We have baggage regulations. Please ask us or our authorised agents for details.|
|8.j.4)||If you have an item of baggage (such as musical instruments) larger or heavier than the maximum dimensions and weight for unchecked baggage but unsuitable to be carried as checked baggage, we will carry it in the aircraft cabin if:
|8.k)||Collecting and delivering baggage checked into the hold|
|8.k.1)||Unless clause 8.i.3 applies, you must collect your checked baggage as soon as we have made it available at your place of destination or stopover. If you do not collect it within a reasonable time, we may charge you a storage fee. If you do not claim your checked baggage within 3 (three) months from the date we make it available, we may dispose of it without any liability to you.|
|8.k.2)||Only the person with the baggage identification tag and if one has been issued, the baggage check, can claim a piece of checked baggage.|
|8.k.3)||If a person claiming a piece of checked baggage cannot produce the baggage identification tag and if one has been issued, the baggage check, we will deliver the baggage to them only if they can prove to us that the baggage is theirs.|
On some services we do not carry animals. If we agree to carry your animals, we will carry them subject to the following conditions:
|8.l.1)||On domestic flights (by which we mean flights within the Republic of South Africa) the following will apply:
|8.l.2)||On international flights (by which we mean all flights other than domestic flights) the following will apply:
|8.l.3)||On all flights (by which we mean both domestic and international) the following will apply.
|9.||Schedules, remedies for delays and cancellations and denied boarding compensation|
|9.a.1)||The flight times shown in our timetables may change between the date of publication and the date you actually travel. We do not guarantee these flight times to you and they do not form part of your contract of carriage with us.|
|9.a.2)||Before we accept your booking, we or our authorised agents will tell you the scheduled departure time of your flight and it will be shown on your ticket or itinerary and receipt. We may need to change the scheduled departure time of your flight after your ticket has been sent to you or to change the scheduled departure terminal of your flight. If you give us or our authorised agents contact information, we will try to let you know about any changes.|
|9.a.3)||If, after you buy your ticket:
|9.b)||Remedies for delays and cancellations|
|9.b.1)||We will take all reasonable measures necessary to avoid delay in carrying you and your baggage.|
|9.b.2)||These measures may, in exceptional circumstances and if necessary to prevent a flight being cancelled, include arranging for a flight to be operated:
We will carry you as soon as we can to the destination shown on your ticket on another of our scheduled services on which a seat is available. If we do this, we will not charge you extra and where necessary, will extend the validity period of your ticket.
We will re-route you within a reasonable period of time to the destination shown on your ticket using either our services or those of another airline. If you are re-routed, we will not charge you extra.
We will give you an involuntary fare refund.
The above three remedies will be the only remedies available to you and we will have no further liability to you except as may be provided by any law which may apply.
|9.c)||Denied boarding compensation
If you are denied boarding against your will on a flight for which you have both a valid ticket and a confirmed reservation, we will pay you compensation and provide refreshment as required by any law which may apply. This will not apply if you fail to meet the check-in and boarding requirements in Clause 6 or we exercise our rights to refuse to carry you under Article 5.d.3 or 7.
|10.||Refunds of fares and taxes, fees and charges|
|10.a.1)||We will refund the fare and any surcharges for your ticket, or any unused part of it and any tax, fees and charges, as set out in our fare rules and tariffs.|
|10.a.2)||Unless we say otherwise, we will only make a refund to the person who paid for the ticket.|
|10.a.3)||You must, if you want a refund, prove to us that you are the person who paid for the ticket.|
|10.a.4)||Unless you are applying for a refund on a lost ticket, we will only make the refund if you first give us the ticket and all unused flight coupons.|
|10.b)||Involuntary fare refunds|
|10.b.1)||We will pay fare refunds as set out below if we:
|10.b.2)||If you have not used any part of the ticket, the refund will be equal to the fare and any surcharges and any taxes, fees and charges you have paid.|
|10.b.3)||If you have used part of the ticket, the refund will be equal to at least the difference between the fare and any surcharges and any taxes, fees and charges you have paid and the correct fare, surcharge, taxes, fees and charges for travel between the points for which you have used your ticket.|
|10.c)||Voluntary fare refunds|
|10.c.1)||If you are entitled to a refund of the fare for your ticket for reasons other than those set out in Clause 10.b, the refund will be as follows:|
|10.c.2)||If you have not used any part of the ticket, the refund will be equal to the fare and any surcharge and any taxes, fees and charges which you have paid, less any cancellation and reasonable service charge.|
|10.c.3)||If you have used part of the ticket, the refund will be equal to the difference between the fare and any surcharge, taxes, fees and charges you have paid and the correct fare, surcharge, taxes, fees and charges for travel between the points for which you have used the ticket, less any cancellation and reasonable service charge.|
|10.d)||Refund on lost tickets|
|10.d.1)||If you lose your ticket or part of it, we will, if you give us satisfactory proof of loss and pay a reasonable administration fee, we will give you a refund as soon as possible after the validity period of the ticket expires. We will only do this if:
|10.d.2)||If we or our authorised agents lose the ticket or part of it, we will be responsible for any loss.|
|10.e)||Our right to refuse a fare refund|
|10.e.1)||We may decide to refuse to give you a refund if you apply for it after the end of the ticket validity period.|
|10.e.2)||We may decide to refuse to give you a refund if, when you arrived in a country, you presented your ticket to us or to a Government official as evidence of your intention to leave that country, unless you can prove to us that:
We will pay you a refund in the same way and in the same currency that you used to pay for the ticket unless we agree otherwise or our Government laws, rules or regulations require otherwise. For example, if you paid in U.S.Dollars by credit card, we will make a refund in U.S.Dollars to your credit card account subject to what has been stipulated above.
|10.g)||Voluntary fare refunds are made only by the carrier who issued the ticket
We will only give you a voluntary fare refund if we or our authorised agents issued the ticket and we or they have authorised the refund.
|11.||Behaviour on the aircraft|
If, while you are on board the aircraft, we reasonably believe that you have:
|11.b)||Diversion costs caused by unacceptable behaviour
If, as a result of your behaviour, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable and proper cost of the diversion.
|11.c)||Using electronic devices on board the aircraft
For safety reasons, we may decide not to allow you to use electronic devices when you are on board the aircraft, including:
We will allow you to use hearing aids and heart pacemakers.
|12.||Services provided by other companies|
|12.b)||If we are also providing land or sea transport for you, specific conditions (not these conditions of carriage) will apply to that transport. Please ask us or our authorised agents for a copy of these specific conditions.|
|13.||Travel documents, entry requirements, customs inspection and security screening|
|13.a.1)||You (not us) must:
|13.a.2)||You must obey all laws, regulations and orders of any countries you fly from, enter or travel through or in which you are a transit passenger.|
|13.a.3)||We will not be liable to you if:
|13.b)||You must present to us valid passports, visas, health certificates and other travel documents.
Before you travel, you must present to us all passports, visas, health certificates and other travel documents you need for your journey. If we ask, you must:
|13.c)||What happens when you are refused entry to a country
If you are refused entry to a country, you must pay:
|13.d)||You must repay us fines, detention costs and other charges
If we have to pay any fine, penalty, fee, charge or costs (such as detention costs) because you have failed to obey any laws or regulations, or other travel requirements of the country which you have travelled to or to produce the necessary documents needed by that country, you must repay us the amount we have paid as a result. We may take this amount from the value of any unused part of your ticket or any of your money we have in our possession.
If necessary, you must be present when your baggage is inspected by customs or other Government official. We will not be liable to you for any damage you suffer in the course of an inspection or because you are not present.
You must allow us government officials, airport officials, or other carriers to carry out security screening of you or your baggage.
|14.a)||If we and other carriers are involved in performing carriage for you under one ticket, or under a conjunction ticket, we will regard the carriage as a single operation for the purposes of the convention. However, please read Clause 15.g.1.|
|15.||Liability for damage|
|15.a)||These conditions of carriage govern our liability to you.|
|15.b)||The conditions of carriage of other carriers govern their liability to you.
The conditions of carriage of each other carrier involved in your journey govern its liability to you. Other carriers may have lower limits of liability.
|15.c)||International carriage is governed by the convention as modified by this clause
The liability rules of the convention, as varied by the rest of this clause 15, will apply to International carriage, as defined in the convention.
|15.d)||Our liability for the death, wounding or other bodily injury of passengers|
|15.d.1)||Our liability for proved damages sustained in the event of death, wounding or other bodily injury by a passenger in the event of an accident shall not be subject to any financial limit.|
|15.d.2)||For any damage up to the sum of the equivalent of 113,100 SDRs, we shall not exclude or limit our liability.|
|15.d.3)||Notwithstanding the provisions of Clause 15.d.2, if we prove that the damage was caused by, or contributed to by, the negligence or other wrongful acts or omissions of the injured or deceased passenger or the person claiming compensation, we may be exonerated wholly or partly from our liability in accordance with applicable law.|
|15.d.4)||To the extent that damages under this Clause 15.d. may potentially exceed 113,100 SDR's, they will be reduced accordingly if we prove that the damage was not due to the negligence or other wrongful act or omission of us or our agents or that the damage was solely due to the negligence or other wrongful act or omission of a third party.|
|15.d.5)||We shall, without delay and in any event not later than 15 (fifteen) days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on the basis proportionate to the hardships suffered.|
|15.d.6)||Without prejudice to Clause 15.d.5, an advance payment shall not be less than the equivalent of 16 000 SDRs per passenger in the event of death.|
|15.d.7)||An advance payment shall not constitute recognition of our liability.|
|15.d.8)||An advance payment may be offset against any subsequent sums paid on the basis of our liability.|
|15.d.9)||An advance payment is not returnable, except in the cases described in Clause 15.d.3, or in circumstances where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation.|
|15.d.10)||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.e)||Our liability for damage to baggage|
|15.e.1)||We are not liable for damage to unchecked baggage (other than damage caused by delay, which is governed by Clause 15.e.4 below) unless the damage was caused by our gross negligence or the gross negligence of our agents.|
|15.e.2)||In respect of International carriage (i.e. flights which do not constitute Domestic Carriage) our liability for damage to your baggage including damage caused by delay, is limited by the convention to 1,131 SDR's except where you prove that the damage resulted from an act or omission by us or our agents carried out either:
|15.e.3)||For Domestic carriage (carriage wholly within the Republic of South Africa), the following limits will apply:
|15.e.4)||We are not liable for damage to baggage caused by delay if we prove that we or our agents took all reasonable measures to avoid the damage or that it was impossible for us or our agents to take such measures.|
|15.e.5)||We are not liable for any damage caused by your baggage.|
|15.e.6)||You are responsible for any damage caused by your baggage to other people and property, including our property.|
|15.e.7)||We are not liable in any way whatever for damage to items which you include in your checked baggage although you are forbidden from including them under clauses 8c, 8d or 8f, or in the case of permitted firearms you have not complied with the conditions for including them under clause 8d. These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, business documents, samples or passports and other identification documents. We shall further not accept liability for the damage such as scratches, scuffs, stains, dents, cuts and dirt resulting from normal wear and tear or water damage to non-waterproof baggage, damages or loss of protruding parts such as wheels, straps, pull handles or other items that are attached to baggage or items lost as a result of badly packed baggage.|
|15.e.8)||We are not liable in any way whatsoever for damage to items which you include in your unchecked baggage although you are forbidden from including them under clauses 8c or 8e.|
|15.f)||Our liability for damage caused by delay to passengers
For International carriage only,
|15.f.1)||Our liability for damage caused to a passenger by delay is limited by the convention to 4694 SDR's. For Domestic carriage, refer to Clause 9.b.|
|15.f.2)||We are not liable for damage to passengers caused by delay if we prove that we and our agents took all reasonable measures to avoid the damage or that it was impossible for us or our agents to take such measures.|
If you have a claim for checked baggage, you may make it against the first or last carrier or against the carrier performing the carriage during which the damage took place.
|15.g.2)||We are not liable for any damage arising from the fact that:
|15.g.3)||Except where these conditions of carriage say differently, we are liable to you only for compensatory damages which you are entitled to recover for proven losses and costs under the convention.|
|15.g.4)||Our contract of carriage with you (including these conditions of carriage and exclusions or limits of liability) applies to our authorised agents, servants, employees and representatives in the same way as it applies to us. As a result, the total amount you can recover from us and our authorised agents, servants, employees and representatives will not be more than the total amount of our own liability, if any.|
|15.g.5)||Unless we say otherwise, nothing in these conditions of carriage gives up any exclusion or limitation of liability to which we are entitled under the convention or any laws which may apply.|
|15.g.6)||Nothing in these conditions of carriage:
|16.||Time limits for baggage complaints|
|16.a)||Receipt by you of checked baggage without complaint, will be sufficient evidence of delivery in good condition
If the person with a baggage check or a baggage identification bag receives checked baggage without complaint, this will be sufficient evidence that the checked baggage has been delivered in good condition and according to the contract of carriage, unless you prove otherwise.
|16.b)||Complaints about damage to checked baggage must be made in writing within 7 (seven) days of receipt of the baggage
If your checked baggage is damaged, you must complain in writing to us immediately you discover the damage and at the latest, within 7 (seven) days from the date you received the checked baggage.
|16.c)||Complaints about delay to checked baggage must be made in writing within 21 (twenty one) days of the baggage being made available to you
If your checked baggage is delayed, you must complain in writing to us within 21 (twenty one) days at the latest of the checked baggage being made available to you.
|17.||Action for damages must be brought within two years|
|17.a)||You will have no right to damages if an action is not brought within 2 (two) years calculated from:
|18.||Passengers with a disability|
|18.a)||General and Reservation|
|18.a.1)||If you are a passenger with a disability and you require any special assistance, you should inform us at the time of booking of your special needs.|
|18.a.2)||If you are a passenger with a disability, we will carry you where arrangements have been made to provide for your special needs. If you do not inform us at the time of the booking of your special needs, we will nevertheless use reasonable efforts to accommodate your special needs.|
All rules of seating in Clause 5.e apply to seating passengers with a disability. In addition, if you are a passenger with a disability which causes you to need a bulkhead seat, such as a disability which causes you to be accompanied by an assistance dog in the cabin in accordance with Clause 8.l, and you request a bulkhead seat, it will be provided to you if it is not already assigned to another passenger with a disability.
|18.c)||Travel with an attendant
We may require that you travel with an attendant if it is essential for safety or you are unable to assist in your own evacuation from the aircraft or you are unable to understand safety instructions.
|18.d.1)||There is no charge for transporting any assistive device, such as a wheelchair or a cane, and such assistive devices will not be counted towards your free baggage allowance|
|18.d.2)||On flights where medical oxygen is permitted, you will be charged for the service of medical oxygen (and you will be required to be accompanied by an attendant).|
We reserve the right to cease accepting passengers who must travel on a stretcher in any flight.
|19.a)||When we carry you or your baggage you must obey our regulations. These concern, among other things:
|20.||Qualification and waiver|
|20.a)||None of our authorised agents, servants, employees or representatives has authority to alter, modify or waive any provisions of these conditions of carriage.|