legal information

legal - travel insurance

Tue, 04 Dec 2012 10:23:23 GMT

ACE Insurance Limited Registration Number: 1973/008933/06
FSP Number: 27176
Ground Floor, The Bridle, Hunts End Office Park, 38 Wierda Road West, Wierda Valley, Sandton, 2196
PO Box 1192, Saxonwold, 2132
Telephone: +27 [0] 11 722 5700
General Facsimile: +27 [0] 11 783 0812

Queries (ACE Travel Insurance Call Centre):
Telephone: 0861 223 467 (0861 ACE INS) from South Africa only
Mon - Fri 08h00 - 17h00
E-mail: kululaqueries@internationalsos.com

Claims Service Centre:
Telephone: 0860 ACE COM (0860 223 266) from South Africa only
Mon - Fri 08h00 - 17h00
E-mail: kululaclaims@acegroup.com

ACE Compliance:
Telephone: 0860 ACE COM (0860 223 266) Mon - Fri 08h00 - 17h00 from South Africa only

This insurance is underwritten by ACE Insurance Limited which is an authorized Financial Services Provider. This document, including Your Policy Schedule is Your insurance Policy, which constitutes a contract between You and Us. Please read this Policy wording to make sure that You understand the nature of the cover provided and please check the details outlined within Your Policy Schedule to make sure that the information shown is correct.

In return for payment of the Premium, We agree to insure You during the Period of Insurance, subject to the Policy terms, conditions and exclusions. This Policy explains what You are covered for and contains conditions and exclusions which You should be aware of.

Download the travel insurance policy PDF

GENERAL SECTION

When Cover Will Start

Subject to (5) below, cover will start, in respect of Section 1.1 “Flight Cancellation” and Section 3 “Flight Delay” when a Flight is booked, reflected under the Policy Issued date in Your Policy Schedule.
Subject to (5) below, cover will start, in respect of Section 1.2 “Flight Interruption” the moment You enter Airside at the airport of departure on Your Travel Commencement date reflected in Your Policy Schedule.
Subject to (5) below, cover will start, in respect of Section 2 “Baggage & Valuables” when You check in your baggage at Landside for departure to commence Your flight reflected in Your Policy Schedule.
Subject to (5) below, cover will start, in respect of Section 4 “Personal Accident” when You enter Landside for departure to commence Your flight reflected in Your Policy Schedule.
Notwithstanding anything to the contrary contained in this Policy, cover in respect of this Policy will not commence before Premium is received and Your Policy Schedule has been issued.

When Cover Will End

In respect of Section 1.1 “Flight Cancellation” and Section 3 “Flight Delay”, cover will end the moment You commence the Flight on the Travel Commencement Date stated in Your Policy Schedule. If that Flight is forced to return back to the point of departure due to a Technical Malfunction, cover will automatically be extended until that Flight re-commences.
In respect of Section 1.2 “Flight Interruption”, cover will end when You exit Airside after the last segment of Your Journey as per the Travel End date reflected on Your Policy Schedule. Cover will terminate 30-calendar days from the Travel Commencement date detailed in Your Policy Schedule even if the return flight has not yet begun.
For all other sections, cover will end the moment You exit the airport of arrival on the Travel End date reflected in Your Policy Schedule.

Data Protection
We will use information given, together with other information supplied during the course of applying for and concluding the Policy, for the administration of this Policy, the handling of claims and the provision of customer services. The information may also be disclosed to and used by:

Our Service Providers and agents;
Your agents, where appointed; or
Other insurers and regulatory bodies.

We may also transfer certain information to countries that do not provide the same level of data protection as South Africa. You acknowledge that the sharing of claims and underwriting information (including credit information) by Us is essential to enable the insurance industry to underwrite policies, assess risks, to reduce the incidence of fraudulent claims, is in the public interest and is with a view to limiting Premiums. You hereby waive all rights to privacy in respect of any insurance Policy or claim made or lodged and consent to such information being disclosed to any Other Insurance company or its agent. You acknowledge that the information provided may be verified against other legitimate sources or databases.

Complaints Procedures
If You have experienced any service issues, a complaint can be made to the ACE Customer Service Manager on telephone number 0860 ACE COM (0860 223 266) Mon - Fri 08h00 - 17h00. You have the right to lodge a complaint under the Financial Services Ombud Schemes Act (Act 37 of 2004). The Ombudsman for Short Term Insurance (OSTI) is available for advice on complaints in respect of claims or other matters which have not been satisfactorily resolved. The OSTI can be contacted at telephone number +27 [0] 11 726 8900, fax number +27 [0] 11 726 5501 and e-mail info@osti.co.za. These Complaints Procedures do not affect any right of legal action that You may have against Us.

General Definitions

Accident/al shall mean a sudden, external and identifiable event that happens by chance and could not have been expected.
Airline shall mean Flight(s)that are commercially operated by Comair Limited.
Airside shall mean the part of an airport accessible to commercial flight passengers only, the boundary of which is the security check, customs, or passport control.
Baggage shall mean personal articles other than business equipment, items available for sale, Valuables and Money, which are exclusively Your property and for which You are responsible and which are taken on a Flight.
Bodily Injury shall mean injury which is caused solely by Accidental means and which independently of illness or any other cause resulted in death or Permanent Disabling Injury.
Business Colleague shall mean someone who You work with and has to take over your work at your offices in order for You to go on or continue a Flight.
Child/Children shall mean any person who is unmarried and under 18-years of age or under 25-years of age if receiving full-time education and primarily dependent on You for maintenance and support.
Excess shall mean the first amount, or period of a claim, expressed as a monetary amount, percentage of the loss or period of time, which You must bear.
Immediate Family Member shall mean Your Partner or fiancé(e), child, brother, sister, parent, grandparent, grandchild, step-brother, step-sister, step-parent, parent-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, aunt, uncle, nephew, niece, of You or Your Partner, or anyone noted as next of kin on any legal document, resident in South Africa.
Flight(s) shall mean You travelling aboard the Airline on the dates specified in Your Policy Schedule.
Flight Interruption shall mean:

loss of deposits, or advance payments for travel or accommodation or other charges which have not been or will not be used, but which are forfeited or payable under contract;
additional Travel and Accommodation Expenses;

Landside shall mean from the entrance to the airport, prior to airport security and which area is accessible to the public.
Loss of Hearing shall mean total and irreversible loss of hearing of all sound confirmed by medical evidence relying on audio-metric and sound-threshold tests.
Loss of Limbshall mean:
1. in respect of an arm
  1. permanent physical severance of the four fingers at or above the metacarpal phalangeal joints (where the fingers join the palm of the hand); or
  2. the permanent total loss of use of an entire hand or arm; and
2. in respect of a leg:
  1. physical severance or total loss of use above the level of the ankle (talo-tibial joint); or
  2. the permanent total loss of use of an entire foot or leg.
Loss of Sight shall mean total and irreversible loss of sight confirmed by medical evidence of a qualified ophthalmic specialist and We are satisfied that the condition is permanent and without expectation of recovery.
Loss of Speech shall mean total and permanent loss of the ability to make a comprehensible word or an understandable verbal language.
Money shall mean coins, bank notes, postal or money orders, signed traveller’s cheques and other cheques, letters of credit, travel tickets, petrol coupons or other prepaid coupons which belong to or are in Your custody and control and are intended for travel, meals, accommodation and personal expenditure only.
Onward Flight shall mean a flight that follows the outbound flight, but does not return to the original point of departure.
Other Insurance(s) shall mean any event or claim covered, paid or payable for the whole or any part under any other policy, including any statutory insurance, other insurance, medical aid cover or other travel insurance excluding automatic credit card travel insurance.
Pair or Set of Items means a number of items associated as being similar or complementary or used together.
Partner shall mean a person recognised in South African Law as Your spouse, or someone of either sex with whom You co-habit with as though they are Your spouse.
Permanent Disabling Injury shall mean disability which has lasted for at least 12-months and which in Our opinion is beyond hope of recovery and will in all probability continue for the remainder of a Person Insured’s life.
Person(s) Insured, shall mean You if You are shown as insured on the Policy Schedule.
Premium shall mean the Total Premium reflected in the Policy Schedule
Policy shall mean this document, the Policy Schedule and any subsequent endorsements to the aforesaid documents.
Policy Schedule means the certificate of insurance attaching to and forming part of the Policy that We issue You and contains the relevant details of the Flight.
Qualified Medical Practitioner shall mean a person registered with a current legal licence to practice medicine under the laws of the country in which they practice other than:
1. a Person Insured; or
2. a member of Your immediate family.
Technical Malfunction means the grounding of the aircraft due to mechanical breakdown, structural defect of the aircraft, malfunction of a part or apparatus or component that directly affects the aeroplane’s ability to fly.
Travelling Companion shall mean someone You have arranged to go on a Flight with and who it would be unreasonable to expect You to travel or continue Your Flight without.
Traumatic Event means a violent criminal act or attempt where such violence is intended or made to overpower or subdue.
Valuables shall mean contact or corneal lenses, sunglasses, prescription glasses or spectacles, medication, share certificates, bonds, business documents or samples, passports and other identification documents, cameras and other photographic equipment, telescopes and binoculars, audio/video equipment (including radios, cassette/compact disc players, ipods, mp3 and mp4 players, camcorders, CD, DVD, video, televisions, and other similar audio and video equipment), mobile phones, satellite navigation equipment, computers and computer equipment (including PDAs, personal organisers, laptops, notebooks, iPads, netbooks and the like), computer games equipment (including consoles, games and peripherals), wallets, purses, jewellery, watches, furs, precious and semi-precious stones and articles made of or containing gold, silver or other precious metals for which You are responsible and which are taken on or acquired during the Flight.
We /Us/Our shall mean ACE Insurance Limited.
You/Your/Yourself means the Person Insured shown in the Policy Schedule and in respect of whom the Premium has been paid.

General Conditions
The following General Conditions are applicable to the Policy as a whole:

This document, the Policy Schedule and any endorsements thereto shall be read together as one contract and any word or expression to which specific meaning has been attached shall, unless the context otherwise requires, bear such meaning wherever it may appear.
This Policy covers Persons Insured from 2-years of age and older at the Travel Commencement date detailed in the Policy Schedule.
We may cancel this Policy by giving 30-days’ written notice to You at Your last known email address and in such event the Premium for the period up to the date when the cancellation takes effect shall be calculated and We shall return any unearned portion of the Premium provided that no claim has been made against this Policy within 30-days of cancellation.
You may cancel this Policy and request a refund by giving Us written notice within 5 working days of receipt but before the Travel Commencement date, provided no claim has been made.
This Policy is between You and Us only and all of its provisions and conditions are for the sole and exclusive benefit of the said parties. Nothing in this Policy, express or implied, is intended to confer upon any other person any rights, benefits or remedies of any nature whatsoever under this Policy or any of its provisions. Without limitation, no third party shall have any rights under this Policy or any right to receive Policy benefits.
We have the right to commence or take over legal proceedings in Your name for the defence or settlement of any claim, or to sue or prosecute any other party to recover monies payable by them by law. You must co-operate with Us and may not do anything to hinder or prejudice Our rights.
This Policy shall be governed and construed in accordance with the Law of the Republic of South Africa and the South African courts alone shall have jurisdiction in any dispute
This Policy will be voidable in the event of misrepresentation, misdescription or non-disclosure of any material particular by or on behalf of You, subject to the provisions of the Short-term Insurance Act 53 of 1998.
Communication of and in connection with this Policy shall be in the English language.
We do not accept any liability for any other products including financial products and/or services sold, insurance or assurances provided or underwritten in conjunction with this Policy by any other person, company, organisation including service providers, medical aid societies, financial services companies, insurance companies, assistance companies or the like that are not specifically appointed by Us and acting on Our behalf.
Specific Conditions relevant to the individual Sections of this Policy are located and contained in the appropriate Section.

Claims Conditions
The following Claims Conditions are applicable to the Policy as a whole:

In respect of all claims, You must notify Us within 7 (seven) days after the date of loss by telephone on 0860 223 266 and thereafter send Us a Claim Form within 30-days of the date of notification.
You shall, at Your expense, provide Us with all documents, certificates, signed medical certificates, receipts, information and evidence as We may from time to time reasonably require in the form prescribed by Us.
Any Excess, where applicable, will apply separately under each Section and in respect of each claim.
We will only be liable to pay Our pro-rata portion of any claim submitted in terms of this Policy if You have Other Insurance, subject to the following:
1. if in Our discretion We decide to pay the claim in full, then We will not be obliged to make payment unless You cede Us all of Your rights in respect of the Other Insurance;
2. if We have already paid benefits in terms of this Policy, all of Your rights in respect of the Other Insurance will be ceded automatically to Us;
3. a cession in terms of Claims Condition 4a or 4b will allow Us to do all things necessary to claim against any other insurer, company or organization and institute legal proceedings against them if the Other Insurance is not paid;
4. without limiting any provision of this Policy or any legal obligation, You must co-operate fully with Us in relation to the Other Insurance or legal proceedings including:
  1. not doing anything to prejudice or limit Our rights;
  2. providing Us with all relevant information and documents We require;
  3. signing any document or affidavit that We may request to enable Us to exercise Our rights.
Notwithstanding Claims Condition 4, the benefits under this Policy may not be ceded and/or assigned by You. We shall not be bound to accept or be affected by any notice or any trust, charge, lien, purported cession and/or assignment or other dealing with or relating to this Policy.
If any claim under this Policy shall be in any respect fraudulent or if any fraudulent means or devices were used by You or anyone acting on Your behalf to obtain benefit under this Policy, We shall be under no liability in respect of such claim and We will inform the police.
Where You dispute Our rejection of Your claim or cancellation of Your Policy, You must make representation to Us in respect of the decision within 90-Days of the date of Our rejection or cancellation letter. Thereafter, You must take legal action by serving a summons against Us within 180-Days of the date of Our rejection or cancellation letter, failing which You will forfeit Your claim and no liability can arise in terms of such claim.
You must comply with the Conditions detailed in the relevant sections of this Policy. Where You, or Your personal representatives do not comply with any obligation to act in a certain way specified in this Policy, We reserve the right not to pay a claim.
You must take ordinary and reasonable care to safeguard against loss, damage, theft as though You were not insured. If We believe You have not taken reasonable care of property, the claim may not be paid. The items insured under this Policy must be maintained in good condition.
You must recognise Our right to:
1. pay the amount of a claim (less any Excess and up to any Policy limit);
2. inspect and take possession of any item or property for which a claim is being made and handle any salvage in a reasonable manner;
3. settle all claims in Rands;
4. be reimbursed within 30-days for wrongful payment of any claims that are not insured under this Policy, which We pay to You or on Your behalf.
You are responsible to pay any tax liability of any benefit being paid that may incur tax or imposts.
No sum payable by Us under this Policy shall carry interest.
We will not subrogate or recoup expenses for a claim from the Airline. Subrogation means Our right to start or take over legal proceedings in Your name for the defence or settlement of any claim, or to sue or prosecute any other party to recover monies payable by them at law.

General Exclusions
The following General Exclusions are applicable to the Policy as a whole. We shall not be liable for payment of any loss, claim, indemnity or benefit amount due to:

Any claim relating to an incident which You or an Immediate Family Member were aware of at the time You took out this insurance and which could reasonably be expected to lead to a claim.
Any claim arising from civil riots, blockades, strikes or industrial action of any type except for strikes or industrial action which were not public knowledge when You booked Your Flight.
Any expenses incurred due to the default, financial failure, insolvency of the tour operator, Airline or any other company, firm or person or their being unable or unwilling to fulfil any part of their obligation to You.
Any claim arising from You being involved in any deliberate, malicious, reckless, illegal or criminal act.
Any claim arising from:
1. Your suicide or attempted suicide; or
2. You injuring yourself deliberately or putting yourself in danger (unless You are trying to save a human life).
Any costs which You would have been liable to pay had the reason for the claim not occurred.

SCHEDULE OF BENEFITS

SECTION 1
1.1 Flight Cancellation	Up to total original flight cost
1.2 Flight Interruption (Return or Onward Flight Only)…………	Additional cost incurred in replacing a return or Onward Flight
SECTION 2
2.1 Baggage Loss, Damage or Theft	Up to R10,000 - excess R250 / claim (any one item R2,500)
2.2 Valuables Loss, Damage or Theft	Up to R2,500 - excess R250 / claim
2.3 Baggage Delay	R500 per 3-hour delay period, up to R3,000
SECTION 3
Flight Delay	R500 per 3-hour delay period, up to R3,000
SECTION 4
Personal Accident	R25,000
The limits stated above are per flight.

BENEFIT SECTION

Section 1 – Flight Cancellation and Flight Interruption

1.1	Flight Cancellation We will pay You up to the amount shown in the Schedule of Benefits for the unused and non-refundable portion of Your flight ticket scheduled for the Travel Commencement date detailed in Your Policy Schedule, which You have paid and which You cannot get back. We will provide this cover if the cancellation of Your Flight is necessary and unavoidable as a result of any of the reasons mentioned hereunder.

1.2	Flight Interruption If you have selected a return or Onward Flight, as shown in the Policy Schedule, and the trip duration is less than 30-days, We will indemnify You up to the amount shown in the Schedule of Benefits for additional costs incurred to change your originally scheduled Flight (scheduled for the Travel Return or Onward date detailed in Your Policy Schedule) for an earlier flight if You are forced to curtail Your Flight as a result of any of the reasons mentioned hereunder.

The following are valid reasons for a Flight Cancellation or Flight Interruption claim under Section 1.1 and 1.2:

You, Your Travelling Companion, someone You have arranged to stay with on Your Flight, Your Immediate Family Member, Your Travelling Companion’s Immediate Family Member or a Business Colleague:
1. dying;
2. suffering sudden and serious bodily injury;
3. suffering sudden and serious illness;
4. suffering from complications in pregnancy (as diagnosed by the treating doctor);
5. suffering a Traumatic Event within 30-days of the Travel Commencement date; or
6. being compulsorily quarantined on the orders of a treating doctor;
provided that such cancellation is confirmed as medically necessary by the treating doctor.

You being made redundant and registered as unemployed with the UIF.
Non-availability of the person in charge of Your minor or disabled children due to their unexpected death, illness or bodily injury within 30-days of the “Policy Issued” date stated in Your Policy Schedule.
Serious fire, storm, flood, theft, subsidence or malicious damage to Your home provided that such damage occurs within the 7-days immediately prior to the Travel Commencement date of Your Flight.
The police requiring Your presence following a burglary or attempted burglary at Your home.
Your compulsory subpoena.
Theft of travel documents (travel tickets or identification documentation).
If You become pregnant after the date You arranged this insurance cover and You will be more than 26-weeks pregnant at the start of or during Your Flight. Or, if Your doctor advises that You are not fit to travel due to complications in Your pregnancy.

The following condition applies under Section 1.1 and 1.2:

If payment has been made using frequent flyer points, air miles, loyalty card points or the like, settlement of Your claim will be based on the monetary value of the flight.

What You are not covered for under Section 1.1 and 1.2:

Any expenses incurred as a result of Your disinclination to travel.
Cancellation expenses as a result of the Airline cancelling a flight.
Withdrawal from service temporarily or otherwise of an aircraft, sea vessel or other public conveyance on the orders or recommendation of the Airline, the Civil Aviation Authority, Rail Authority or Port Authority or any similar body in any country.

In addition to a completed claim form, the following claims evidence is required for Sections 1.1 and 1.2:

Policy Schedule.
Proof of travel (the Airline’s confirmation invoice / flight tickets).
Cancellation invoice or letter confirming no refund is due.
Depending on the circumstances of the claim one of the following:

medical certificate which We will supply for the appropriate doctor to complete;
an official letter confirming the need for You to remain in South Africa; or
Police report
Death certificate
Official letter from Your employee.

Section 2 – Baggage

2.1	Baggage If during a Flight You sustain loss, theft or damage to Your Baggage, We will indemnify You in respect of such loss, theft or damage up to the amount shown in the Schedule of Benefits.

2.2	Valuables If during a Flight You sustain loss, theft or damage to Your Valuables, We will indemnify You in respect of such loss, theft or damage up to the amount shown in the Schedule of Benefits.

2.2	Baggage Delay If during any stage of a Flight access is denied to all or part of a Person Insured’s checked-in Baggage for more than 3-hours for any reason outside Your control, We will pay You the benefit detailed in the Schedule of Benefits.

What You are not covered for under Sections 2.1, 2.2 and 2.3:

Loss, theft or damage of Valuables if left unattended or checked in as baggage unless carried on You; stowed in the aircraft cabin or has been removed from Your custody by the aircraft crew while boarding a flight.
Loss, theft or damage of any Baggage if left unattended unless checked as baggage; stowed in the aircraft cabin or has been removed from Your custody by the aircraft crew while boarding a Flight.
Any claim for loss, theft or damage to Baggage which You do not report to the Airline within 24-hours of discovering it and which You do not obtain a written report for. If the loss, theft or damage to Your property is only noticed after You have left the airport, You must contact the Airline’s Lost Property Office in writing with full details of the incident within 24-hours of leaving the airport and obtain a written report from them.
Any claim if You already have more Other Insurance covering Your Baggage and Valuables.
Damage due to scratching or denting unless the item, if applicable, has become unusable as a result.
Losses caused by mechanical or electrical breakdown or damage caused by leaking powder or fluid carried within Your baggage.
Loss, theft or damage to dentures, hearing aids, artificial limbs, paintings, household equipment, bicycles and their accessories, motor vehicles and their accessories, marine craft and equipment or items of a perishable nature (meaning items that can decay or rot and will not last for long, for example, food).
Any amounts paid under Section 2.3 – Baggage Delay will be deducted from any subsequent amounts payable under Section 2.1 - Baggage in respect of the same loss.

In addition to a completed claim form, the following claims evidence is required for Section 2

Policy Schedule.
Loss, theft or damage by an Airline – Property Irregularity Report, baggage check tags, or a written report from the Airline.
Proof of travel (Airline confirmation invoice / flight tickets).
Proof of value and ownership for items exceeding R1,000.
Invoices or quotations for replacement items.

The following specific conditions apply to Section 2:

You must report all losses or thefts to the Airline and obtain a travel insurance letter from them within 24 hours of reporting the incident.
In line with the Airlines lost Baggage policy, We will only assess a claim for the loss or theft of Your Baggage, after 21 days have passed and subject to receiving confirmation from the airline that Your Baggage is lost.
You must carry Valuables on with You as hand luggage when travelling unless it has been removed from Your custody by the aircraft crew while boarding a flight.
Payment will be based on the value of the property at the time it was lost, stolen or damaged. An allowance may need to be made for wear, tear and loss of value depending on the age of the property.
The maximum amount We will pay for any one item (including a Pair or Set of Items) is noted in the Schedule of Benefits.

Section 3: Flight Delay

We will pay You the benefit detailed in the Schedule of Benefits if the scheduled departure of Your Flight scheduled for the Travel Commencement date detailed in Your Policy Schedule, is delayed due to strike, industrial action, adverse weather, Technical Malfunction. The period of delay will be calculated from the original scheduled departure time until the commencement of Your delayed flight or the first available alternative transportation offered by the Airline.

What You are not covered for Section 3:

Any claims where You have not checked in for Your Flight at or before the recommended time.
Any claims arising from strike or industrial action involving companies/carriers other than the Airline and already in existence on the date the flight is arranged.
Your Flight being cancelled.

In addition to a completed claim form, the following claims evidence is required for Section 3

Policy Schedule.
Proof of travel (confirmation invoice / flight tickets).
An official letter from the Airline confirming the cause and length of the delay.

Section 4: Personal Accident

We will pay You the amount shown in the Schedule of Benefits for Bodily Injury caused on a Flight while You are travelling in, boarding or alighting a flight, resulting in any of the following:

4.1	Death Where Bodily Injury results in death, We will pay the amount shown in the Schedule of Benefits.

4.2	Permanent Disabling Injury Where Bodily Injury results in a Permanent Disabling Injury, We will pay up to the amount shown in the Schedule of Benefits. The percentage payable will be as shown in the following Scale of Permanent Disabling Injuries.

Scale of Permanent Disabling Injuries
a.	Loss of Limb (one or more limbs)	100%
b.	Loss of Sight (in one or both eyes)	100%
c.	Loss of Speech	100%
d.	Loss of Hearing (in both ears)	100%

The following specific conditions apply to Section 4:

Where more than one Policy or Schedule of Benefits has been issued by Us, the greatest limit shall apply over all.
Any benefit payable in respect of Children may be subject to maximum benefit legislation applicable at the time.
Any contributory degenerative condition or disability (determined by a Qualified Medical Practitioner) in existence at the time of sustaining Bodily Injury will be taken into account by Us in assessing the level of Benefit payable.
In the event of compensation being due under more than one of the Benefits referred to in the Scale of Permanent Disabling Injuries above as a consequence of any one Accident, the maximum amount payable hereunder shall not exceed 100% of the total reflected in the Schedule of Benefits.
If You sustain a Permanent Disabling Injury and the claim in relation to that disability is admitted and accepted, the Permanent Disabling Injury Benefit will be paid and all cover under Section 4 – Personal Injury shall immediately cease.

Statutory Notice to Short-Term Insurance Policy Holders
Important – Please Read Carefully Disclosure and Other Legal Requirements
(This Notice Does Not Form Part of the Insurance Contract or Any Other Document)

As a short-term Insurance policyholder or prospective policyholder, you have the right to the following information:

The Intermediary (insurance broker or representative) dealing with you must at the earliest reasonable opportunity disclose the following information regarding itself:

1.1

name, physical address, postal address and telephone number;

1.2

legal status and any interest in the insurer;

1.3

whether or not it is in possession of professional indemnity insurance;

1.4

details of how you are to institute a claim;

1.5

the amount, in Rands of fees and commission payable;

1.6

the written mandate to act on behalf of the insurer.

The Intermediary (insurance broker or representative) dealing with you must at the earliest reasonable opportunity disclose the following information regarding your insurer:

2.1

it's name, physical address, postal address and telephone number;

2.2

the telephone number of the insurers' compliance department;

2.3

details of how you are to institute a claim or to lodge a complaint;

2.4

the type of policy involved;

2.5

the extent of premium obligations you assume as the policyholder;

2.6

the manner in which you are to pay your premiums, the date on which premiums must be paid and the consequences of your failure to pay the premium.

Other matters of importance:

3.1

You must be informed of any material changes to the information referred to in paragraph 1 and 2 above.

3.2

If the information in paragraphs 1 and 2, above, was given orally it must be reduced to writing within 30 days.

3.3

If any complaint to the intermediary or insurer is not resolved to your satisfaction, you may submit the complaint to the Registrar of Short-term Insurance.

3.4

Submission to a Polygraph test, lie detector test or truth verification test may not be imposed on you as a condition of the policy in the event of claim.

3.5

If your premium is paid by debit order, then –

3.5.1	it may only be in favor of one person and may not be transferred without your approval; and
3.5.2	the insurer must inform you, at least 30 days before the cancellation thereof, in writing, of it's intention to do so

3.6

The insurer and not the intermediary must give reasons for declining to indemnify you under the policy.

3.7

Your insurer may not cancel your insurance merely by informing your intermediary (broker). The insurer must make sure that the notice is sent to you.

3.8

You are entitled to a free copy of your policy, including the schedules and any endorsement thereto.

WARNING

4.1

Do not sign any blank or partially completed application form

4.2

Complete all forms in ink

4.3

Keep all documents handed to you

4.4

Make note as to what is said to you

4.5

Do not be pressurised into buying the policy

4.6

Incorrect or non-disclosure by you of relevant facts may influence an insurer on any claims arising from your contract of insurance

Our details are:

5.1

ACE Insurance Limited South Africa (Reg. No.1973/008933/06) ACE – Johannesburg

5.2

Physical Address: Ground Floor The Bridle Hunts End Office Park 38 Wierda Road West Wierda Valley Sandton 2196

5.3

Postal Address: PO Box 2960 Randburg 2125

5.4

Telephone No.: 0860 109 006

5.5

Fax No.: 011 993 6618

The details of our Compliance Officer to which all complaints must be addressed:

6.1

The Compliance Officer: PO Box 1192 Saxonwold 2032

6.2

Telephone number: 0860 223 266

Particulars of the Short-term Insurance Ombudsman

7.1

Telephone: 011 726 8900 or fax 011 726 5501 or

7.2

Postal Address: PO Box 30619 Braamfontein 2017.

Particulars of the Registrar of Short-term Insurance

8.1

Telephone: 012 428 8000 or fax 012 347 0221

8.2

Financial Services Board

8.3

PO Box 35655, Menlo Park 0102

Particulars of the Intermediary

9.1

Comair Limited (Reg. No. 1967/006783/06)

9.2

Physical Address: 1 Marignane Drive, Bonaero Park, Kempton Park, 1619

9.3

Postal Address: P.O. Box 7015, Bonaero Park, Postal Code: 1622

9.4

Telephone No.: +27 (11) 921 0111

9.5

Fax No.: +27 86 687 7426

legal - online check-in

Fri, 22 Jun 2012 17:39:12 GMT

Online Check-in is available to all passengers travelling with an e-ticket on selected flights on kulula.com.

Visit our website from 24 hours to 90 minutes prior to the scheduled departure time of your flight and follow the simple instructions.
To access your itinerary, you will need your confirmed booking number which is to be found on your booking confirmation email. Please note that during the introductory phase of the online check-in system, only passengers travelling on flights having the MN prefix followed by three digits will be able use the online check-in.
Passengers who wish to make a change to their booking after they have used the online check-in should be aware that this will result in their online check-in being cancelled and they will be required to either check-in again online or check-in at the airport.
kulula.com reserves the right to suspend or not to offer online check-in for certain flights from time to time. In this case you will need to check-in as per the normal airport check-in procedure.
kulula.com reserves the right to change your booked seat for operational reasons.
For passengers travelling with infants, the online check-in system, will recognise that the passenger is being accompanied by an infant and pre-seat the passenger and infant automatically. For safety reasons, adults with infants on their laps will be restricted to certain seats on the aircraft. Infants can only travel with their legal guardian. Where a passenger using online check-in is not identifiable as the parent of the accompanying infant, the passenger may, at the boarding gate, be required to prove guardianship of, or written authority from the parents or guardian to transport the infant.
There is no online check-in available for any short haul international departures.

Home printed boarding passes

After completing the online check-in process, you will be supplied with a computer generated image of a boarding pass containing the information relevant to your intended flight. This boarding pass can be printed at home before you leave for the airport. You can reprint your boarding pass by going to the online check-in screen and request a reprint alternatively use the self-service kiosk at the airport for this purpose. Home prints need to reveal the entire boarding pass document and have a minimum resolution of 300 dpi. If these conditions are not met, you may be required at the airport to reprint your boarding pass at the check-in counters or the self-service kiosk.

Self service printed boarding passes

After completing the check in process on the self service machine, you will be supplied with a boarding pass containing the information relevant to your intended flight. Please note the check in closes 40 minutes prior to your departure time.

Baggage drop off and Boarding requirements

Passengers must deliver baggage to be checked in to the kulula.com Fast Bag Drop no later than 60 minutes prior to departure. Failure to deliver your baggage on time will cause this baggage not to be loaded onboard the aircraft. kulula.com reserves the right to refuse acceptance of baggage that is not in conformity with our Baggage and Luggage Policies. For safety reasons, certain dangerous articles must not be carried in passengers' baggage. Click here for more baggage details.
Once you have delivered your baggage, you may proceed directly to Security without reporting to the check-in counters first.
At Security you will need to present your printed boarding pass.
Once you have proceeded through Security, you will need to check the flight information screens in the departure lounge for boarding and gate information. This information will not be contained on your boarding pass.
Passengers must report to the boarding gate at least 30 minutes prior to departure. Failure to arrive at the boarding gate on time will result in you being denied boarding and if necessary your baggage being offloaded from the aircraft.
All passengers using the Online Check-in must present a valid ID book, driver’s license or passport for domestic routes or a valid passport for international routes which will be checked at the boarding gate. Any passenger without appropriate identification as mentioned above will be refused travel.
Any passenger failing to present their boarding pass at the boarding gate will be required to have their boarding pass re-issued at the kulula.com check-in counters. On return to Security, you will be obliged to re-submit yourself for security screening. kulula.com accepts no liability where such re-issue process results in a passenger missing their flight by failing to report at the boarding gate at the stipulated time before the flights departure.

Hand luggage restrictions

Passengers travelling with hand baggage should ensure that it meets our requirements with respect to number, size and weight of articles being carried and does not contain any sharp or dangerous objects. kulula.com reserves the right to refuse acceptance of hand luggage that is not in conformity with our Baggage and Luggage Policies.

national credit act

Tue, 19 Jun 2012 16:15:39 GMT

Download the national credit act pdf *

* Requires a PDF reader. Get Adobe Reader

legal - SID (secure instant deposit)

Tue, 19 Jun 2012 16:08:37 GMT

End-User License Agreement for Secure Instant Deposit

By downloading, installing, copying or using the SID (Secure Instant Deposit) Application ("the Software") you agree that:

Setcom (Pty) Ltd ("Setcom") owns all copyright, trademarks, trade names and other intellectual property rights, whether registered or not, subsisting in or used in connection with the Software. You will only use the Software to make SID payments to online merchants. You will not modify, adapt, translate or create derivative works based upon the Software. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You will not monitor or alter the execution of the Software using tools external to the Software. You will not alter the input, output or internal data of the Software while executing. You will not lease, distribute or sell the Software to third parties.

The Software is provided "as is" without any warranty or indemnity of any kind by Setcom and Comair Limited ("Comair") and you use the Software at your own risk. Setcom and Comair specifically disclaims any implied warranties of merchantability or fitness of the Software for a particular purpose. You will hold Setcom and Comair harmless from any and all direct, indirect, consequential or special liabilities, losses or damages, actions or claims arising from or related to any use or attempted use of the Software.

Your access to and use of any third party website or software, including any goods, services, software or information made available from such sites, is governed by the third party’s terms and conditions found, if any, and is at your own risk.

Buyer Protection Program

Setcom guarantee 100% protection up to R5,000.00 against unauthorised payments sent from your account by means of SID.

If you receive confirmation of a transaction you don’t recognize, you can contact our customer service team to help you sort out the situation.
We recommend that you have all your Bank security settings enabled for your own security.
This protection does not apply to any unauthorised transactions that occur in respect of your account that were not effected by means of SID.

Dispute resolution on purchases using SID

When you pay with SID, you gain access to a forum for dispute resolution. Through it, you can file a claim in respect of:

A physical good that you paid for but never received.
A physical good you purchased that is significantly different from what was described in the listing.

Dispute Resolution specialists gather information about your transaction and help you resolve the issue. Throughout the process, you’ll be advised of your claim’s status via email.

SID helps to prevent identity theft

By keeping your financial information private, SID enables you to pay without sharing your financial information with sellers.

File a Claim

The vast majority of SID payments occur without problems. In the event that a dispute arises in respect of a purchase, SID’s Buyer Complaint Process is available to help resolve the dispute.

The Buyer Complaint Process is a way for buyers to issue formal complaints regarding items paid for through SID but never received or items received that are significantly different from what was described in the listing.

Buyers

Buyers are strongly encouraged to first communicate with sellers if they have a problem with a transaction. In most cases, direct communications between the two parties is the quickest and most amicable way to resolve disputes. In exceptional circumstances, however, you may file a claim through the Buyer Complaint Process.

Once you file a claim, SID will investigate the case and attempt to come to a fair resolution. If our investigation determines that you are owed money by the seller, we will make every effort to recover funds for you. We will try to complete our investigation and provide any reimbursement within 45 days from the date the Buyer Complaint Form is filed.

Requirements for the Buyer Complaint Process

In order for a transaction to be eligible to be reviewed by the Buyer Complaint Process:

You must have used SID to pay for your purchase.
You did not receive the item that you purchased or the item received was significantly different from what was described in the listing.
You must file a claim within 45 days of payment.
Your purchase must be a physical/tangible item. Services and intangible items (emailed recipes etc.) are not covered.

What is significantly-not-as-described?

An item is significantly-not-as-described if it is materially different from how the seller described it in the item listing. Here are some examples:

You received a completely different item. Example: You purchased a book and received a DVD or an empty box.
The condition of the item was misrepresented. Example: The listing said "new" and the item was used.
The item was advertised as authentic but is not authentic.
The item is missing major parts or features which were not disclosed in the listing.
You purchased three items from a seller but only received two.

An item is not significantly-not-as-described if it is materially similar to the seller’s item listing description. Here are some examples:

The defect in the item was correctly described by the seller.
The item was properly described but you didn't want it after you received it.
The item was properly described but did not meet your expectations.
The item has minor scratches and was listed as used condition.

There may be times when the characteristics of the item or the situation do not render the items significantly-not-as-described. SID encourages all buyers and sellers to communicate with each other before and after the transaction to prevent these issues from occurring. For items that do not qualify as significantly-not-as-described, we still encourage the buyer and seller to find an equitable solution. SID will reserve the right to make a decision on whether or not an item is significantly-not-as-described if the buyer and seller cannot agree. Once SID has made a decision on a significantly-not-as-described dispute, that decision is final and cannot be appealed.

legal - kulula.com terms of use

Tue, 19 Jun 2012 16:08:23 GMT

introduction

Thank you for visiting the web site of kulula.com.

This web site, together with all content and information available or incorporated in this web site, which is accessible at http://www.kulula.com, ("this web site"), is made available by Comair Limited. Any reference to "we", "our" or "us" is a reference to Comair Limited trading as kulula.com. Any reference to "you" or "your" is a reference to any person using this web site. We may amend these terms and conditions from time to time and such amendments will be contained on this web site.

Please note that in addition to these terms and conditions all reservations are subject to our General Terms and Conditions of Carriage.

acceptance

Any use, access, referral to, or viewing (individually or collectively referred to as "use") of any part of this web site shall be subject to these terms and conditions and any document we incorporate herein by reference. Your continued use of this web site signifies your agreement to comply with these terms and conditions.

Your communications to this web site may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by us or any other competent authority.

intellectual property

This web site is owned by Comair Limited. The domain name/s, the trademark logo and the name "kulula" and kulula.com are registered in the name of Comair Limited.

Any unauthorized use of this web site is prohibited. While you may make limited copies of this web site (such as the travel itinerary and related documents for travel and services purchased on this web site), you undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, resell or lease any information, software, products or services obtained from this web site without our prior written consent.

Other product or company names and logos contained in this web site may be the intellectual property of their respective owners.

content

This web site is offered to you on an "as is" basis for personal and non-commercial use. This web site is provided without any representations or warranties whatsoever, whether express, implied or statutory.

Specifically, we make no warranties or representations, whether express, implied or statutory, in respect of the accuracy, completeness and or reliability of any information, ideas and/or opinions expressed on this web site.

We make no warranties or representations, whether express, implied or statutory, that this web site is compatible with your hardware and/or software or that this web site is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software and you accept all risks in this respect.

To the extent that any link to another web site is provided on this web site, we make no warranties or representations, whether express, implied or statutory, as to the content of such other web site. The existence of any such link does not serve to signify that we endorse or have any responsibility for the content of any such linked web site.

We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:

the operation of this web site or any its contents; or
your right to use this web site or any of its contents

use of this web site

You may only use this web site for lawful purposes. You are not allowed, without prior written approval, to:

frame, link to, modify, distribute, commercialise, exploit or alter the Web Site or its contents;
incorporate any part of the web site content in any other work or publication; and/or
perform any other act which may not be considered fair use.

Specifically, you may not:

monitor or copy any content or information of this web site using any robot, spider, screen scraper or other automated means or any manual process for any purpose without our prior written consent;
violate the restrictions in any robot exclusion headers on this web site or bypass or circumvent other measures employed to prevent or limit access to this web site;
take any action that imposes, or may impose, in the opinion of Comair Limited, an unreasonable or disproportionately large load on the server;
deep-link to any portion of this web site (including, but not limited to, the purchase path for any travel services) for any purpose without our prior written consent.

disclaimer

Subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002 ("the ECT Act") and to the fullest extent allowed by law, we shall not have any liability whatsoever in relation to this web site. You hereby indemnify us against any loss, liability, expense, claim, penalty or damage ("Loss"), whether direct, indirect, special or consequential, arising from your use of or reliance on this web site, or any actions or transactions resulting therefrom, even if we have been advised of the possibility of such Loss. In particular, we are not liable for inaccuracies relating to information and descriptions of hotels, services and products offered on this web site.

In addition, we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this web site for any reason whatsoever.

We shall not be liable for any Loss suffered due to the use of other web sites to which a link is provided on this web site.

Information, ideas and opinions expressed on this web site should not be regarded as advice or the official opinion of Comair Limited, its agents or representatives.

To the fullest extent allowed by law, if any of the limitations or exclusions of our liability in these terms and conditions are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed R50 000.

For the purposes of this clause 6, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.

applicable law

These terms and conditions shall be governed in accordance with the laws of the Republic of South Africa. The user is deemed to hereby consent to the exclusive jurisdiction of the courts of South Africa in respect of any disputes arising out of or in connection with this web site, these terms and conditions or any further terms and conditions referenced on this web site or any matter related to or in connection herewith.

general

All correspondence relating to this web site should be addressed is Comair Limited (1967/006783/06), 1 Marignane Drive, Bonaero Park, Kempton Park, 1960, for the attention of Kim Gorringe. For further information, please contact us at (011) 921-0111 or email mnmarketing@comair.co.za

legal - kulula.com privacy policy

Tue, 19 Jun 2012 16:07:51 GMT

introduction

Thank you for visiting the web site of kulula.com. This Privacy Policy is subject to the terms and conditions of the kulula.com web site, and all definitions contained in such terms and conditions shall apply equally to this Privacy Policy.

The privacy of individuals visiting our web site is of importance to us. By continuing to use this web site, you agree to the terms and conditions set out in this Privacy Policy. Please note that by submitting information via this web site, you consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this Privacy Policy. We recommend that you read this Privacy Policy together with our terms and conditions prior to submitting information to this web site.

Amendments to this Privacy Policy may be made from time to time and any such amendments will be made available on this web site.

information collected

We collect and store the following personal information of users of this web site:

information necessary for our legitimate business interest and the categories of personal information identified in the Electronic Communications and Transactions Act 25 of 2002 ("the ECT Act"). This may include (amongst other things) the user's name, identity number, telephone number, physical and postal address, age, well-being, disability, personal opinions, views and preferences; and
information automatically provided (e.g. cookies and server logs) which may include, amongst other things, information pertaining to a user's use and navigation of this Web Site, IP addresses and the duration and frequency of a user’s visits to this web site. Cookies are pieces of information that a web site transfers to a user's hard drive for record-keeping purposes. Cookies are not harmful to your computer and do not carry viruses.

use of information

The personal information collected on this web site may be used to provide and improve services to you and to operate and improve browsing and interaction via this web site. In addition, we may use this information to provide marketing information to you.

Personal information which is collected from you will be stored and processed in the Republic of South Africa according to industry best practice. Personal information will not be traded, sold or leased to third parties. While we will attempt not to disclose any of your personal information to third parties, except when we have your permission or for purposes of our legitimate business interests, we do not guarantee that your personal information will not be shared with third parties without your permission.

You agree that your personal information may be shared with (amongst others) the following parties:

government and law enforcement agencies;
credits and other payment card providers;
where the law requires that we disclose your personal information to a party;
where we have reason to believe that a disclosure of personal information is necessary to identify, contact or bring legal action against a party who may be in breach of the terms and conditions or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities.

security

All reasonable steps will be taken to ensure the integrity, security and confidentiality of your personal information. However, while we exercise great care in providing secure transmission of your personal information, we cannot guarantee the security of any information transmitted via the internet to or from this web site and you accordingly agree that you transmit such information at your own risk.

You must ensure that your username and passwords or personal identification numbers are not revealed to any other persons. Should you divulge such information, we accept no liability for any resulting losses.

links

Please note that if you are directed to or make use of any external links on this Web Site to another web site, such web sites are not subject to this Privacy Policy.

legal - kulula.com flights

Tue, 19 Jun 2012 16:07:28 GMT

important stuff

Remember to bring your South African ID document / valid passport with you when you check in. Please note that NO temporary ID's or refugee papers will be accepted.

Familiarise yourself with our terms and conditions, conditions of contract and conditions of carriage for passengers and baggage as they contain important information and limitations of our liability regarding your flight.

Our limitations of liability are highlighted and are set out in Articles 3, 4, 7, 8, 9, 10, 11,13 and 15 of the general conditions of carriage for passenger and baggage.

disclaimer

While every effort is made to ensure that all information on the website is updated and correct, neither Comair Limited nor kulula.com shall be liable for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to the airline through this website.

legal stuff

Take note that all travel is under taken in accordance with the kulula terms and conditions; conditions of contract and conditions of carriage for passenger and baggage, please ensure you are aware of these conditions. You have read the legal stuff regarding; Notice of Government Imposed Taxes and Fees, Notice of Personal Liability limitation, Notice of Baggage Liability limitation, Disclaimer and all other important legal information.

Notice of Government imposed Taxes

The amount paid for this ticket may include taxes and fees which are imposed on air transportation by Government or other official authorities. Taxes and fees, which may represent a significant portion of the cost of air travel, are reflected separately on your ticket. 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.

Notice of Personal Liability Limitation

Unless the Convention or other applicable law requires otherwise, in the event of an accident resulting in death, wounding, or other bodily injury to a passenger whilst on board an aircraft operated by us or in the course of any of the operations of embarking or disembarking, the amount of damages payable by us is limited to 113 100 Special Drawing Rights provided that it is proved that such death, wounding or other bodily injury was caused by our negligence.

Further details concerning our limitations of liability are set out in our General Conditions of Carriage for Passenger and Baggage, which is available on our website or on request from us.

Notice of Baggage Liability limitations

Liability for loss, delay or damage to baggage shall be limited, insofar as Domestic Carriage is concerned, i.e. carriage wholly within the Republic of South Africa, to a limit of 17 (seventeen) Special Drawing Rights (twenty U.S. dollars per kilogram (U.S. $20/kilo) per checked baggage and 332 Special Drawing Rights (U.S. $400) in the case of unchecked baggage provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. For International Carriage and in respect of which the Montreal Convention applies, and in respect of destruction, loss of or damage or delay to baggage, our liability shall be limited to 1131 Special Drawing Rights per passenger.

Further details concerning our limitations of liability are set out in our General Conditions of Carriage for Passenger and Baggage, which is available on our website or on request from us.

terms and conditions


1	As used in these Terms and Conditions
	1.1		"we", "our", "ourselves" and "us" means kulula.com a division of Comair Limited.
	1.2		"you", "your", "yourself" and "passenger" means any person to be carried on our aircraft, with our consent.
	1.3		"British Airways/Comair" or "British Airways operated by Comair" means flights operated by Comair Limited under a separate British Airways Plc brand.
2	Your itinerary/receipt together with these Terms and Conditions, our Conditions of Contract and Conditions of Carriage, constitutes your ticket for all legal, regulatory and contractual purposes. A copy of our Conditions of Contract and General Conditions of Carriage is available on our website or on request from us. It is important that you read these conditions as they contain clauses which limit our liability for loss or damage.
3	When making a reservation online, you have 15 minutes to complete your reservation and effect payment failing which the reservation will time-out and auto cancel after which a new booking will have to be made. kulula.com cannot guarantee that the same flight and fare will be available when attempting to make a new flight reservation. Payment for a ticket must be made at the time of reservation, unless a reservation is made more than 3 (three) days before the date of travel in which event payment can be made by making a direct deposit via any FNB, ABSA or STANDARD BANK branch or an internet transfer into our bank account within 24 (twenty four) hours of making the reservation, or alternatively, you may make payment at any one of our Airport Sales offices within 24 (twenty four) hours of making the reservation. We offer an online internet banking facility with Secure Instant Deposit (SID), an assisted EFT (electronic funds transfer) which allows you to make payment at the time of reservation. Credit cards (MasterCard, Visa, Diner's Club and American Express) will be accepted for telephone and Internet reservations. Cash and debit cards can only be accepted at the airports. Our Head Office IN BONAERO PARK only accepts credit cards.
4	Check-in desks will open 90 (ninety) minutes before the scheduled time of departure of your domestic flight and 120 (one hundred and twenty) minutes before departure of your international or regional flight. We strongly advise passengers to check in 90 (ninety) minutes before flight departure. Check-in desks close 30 (thirty) minutes prior to scheduled departure. Any passenger who arrives less than 30 (thirty) minutes before departure will forfeit his/her seat and one hundred percent (100%) cancellation fee may apply to all flight sectors booked, subject to the fare rules that may be applicable to the ticket purchased.
	4.1		If you arrive after check-in has closed for your flight, we cannot accept you for travel (no-show passenger).The flight sector you were booked on and any onward flights will be cancelled and you may be charged a 100% cancellation fee for all flight sectors booked, subject to the fare rules that may be applicable to the ticket you have purchased. If you have missed a flight, you must call our kulula.com Contact Centre to reconfirm your onward or return flight sectors. Any cost incurred as a result of you missing your flight will be for your own account. If you are running late or are unable to make your original booked flight, we suggest that you advise us at least 45 minutes prior to the departure of your flight via our website, airport ticket sales desk or the kulula Contact Centre to avoid your flights being cancelled.
5	You must be at the boarding gate 20 (twenty) minutes prior to departure. Any person who arrives later than 20 minutes before departure will forfeit his/her seat and no refund will be provided.
6	If the airline cancels a scheduled flight and subject to applicable South African legislation, we reserve the right to either carry you on one of our later flights, or to fully refund all money paid without any further liability to you. We will make you aware of any schedule changes prior to the original scheduled flight.
7	7.1		On domestic flights, once you have made a reservation, that reservation may be changed to a different flight on the basis as set out in this clause:
		7.1.1		Change of flight reservations must be made not less than 45 (forty five) minutes before the scheduled departure time of the original flight booked.
		7.1.2		If you wish to change a reservation to a different flight you will have to pay a change fee.
		7.1.3		In addition to having to pay a change fee for a change of reservation, you will have to pay any difference between the fare and taxes on the original flight booked and the available fare and taxes (if applicable) on the new flight requested. If the available fare on the new flight requested is lower than that of the original flight booked, no refund will be provided.
		7.1.4		No names changes will be permitted on domestic flights.
		7.1.5		Payments for a change of flight reservation processed through our website and Contact Centre may be made by SID (Secure Instant Deposit); credit card and any combination of payments listed on our website payment page.
	7.2		On international flights, once you have made a reservation, that reservation may be changed to a different flight to the same destination (no route changes allowed) on the basis as set out in this clause:
		7.2.1		Change of flight reservations must be made more than 60 (sixty) minutes before the scheduled departure time of the original flight and can be processed through our website, Contact Centre or at the Airport itself.
		7.2.2		No name or route changes will be permitted on international flights.
		7.2.3		If you wish to change a reservation to a different flight on the same route you will have to pay a change fee
		7.2.4		In addition to having to pay a change fee for a change of reservation, you will have to pay any difference between the fare and taxes on the original flight booked and the available fare and taxes (if applicable) on the new flight requested. If the available fare on the new flight requested is lower than that of the original flight booked, no refund will be provided.
		7.2.5		Payments for a change of flight reservation processed through our website may be made by SID (Secure Instant Deposit); credit card and any combination of payments listed on our website payment page. Payments for a change of flight reservation processed through our Contact Centre may be made by SID (Secure Instant Deposit), credit card and any combination of payments listed on our website payment page.
	7.3		Special Assistance
		7.3.1		Passengers with special needs who book their tickets over the telephone must advise our Contact Centre (0861 585852) of their requirements at the time of reservation. Passengers wishing to purchase tickets over the Internet must contact our Contact Centre (0861 585852) prior to making their reservation, to give details of their requirements as limited space is available and any passenger not advising us in advance may be refused travel;
		7.3.2		We are unable to accept those passengers with a level of disability which requires the presence of a Care Assistant, unless a Care Assistant is travelling to accompany the passenger;
		7.3.3		Space for wheelchair passengers is limited per flight. We will only accept groups of more than two wheelchair passengers by prior arrangement. Wheelchair facilities can be provided at the airport for passengers who are completely immobile and cannot walk unaided, or are unable to climb the aircraft steps, or cannot walk long distances;
		7.3.4		We do not accept unaccompanied children for travel. Unaccompanied young person's must be 12 (twelve) years or over to be accepted;
		7.3.5		Children under 12 years of age cannot travel without an adult aged 16 years or older who must take responsibility for the child;
		7.3.6		Infants under the age of 2 years (on the date of travel) must sit on an accompanying adult's lap;
8	You are allowed one item of hand luggage which must be smaller than 56cm + 36cm + 23cm (115cm L+W+H) and weighs 7 kg or less. You are allowed a handbag and/or laptop in addition to the one piece of hand luggage allowed. All travellers (including infants) are allowed 1 free checked bag weighing up to a maximum of 20kg with maximum dimensions of 208cm (90cm (L) + 75cm (W) + 43cm (H). Any bag that weighs more than 20kg, but not more than 32kg will be subject to a 'heavy bag' fee at the airport. Should extra checked baggage be required, an additional bag allowance may be purchased up to 24 hours prior to departure online or at the Contact Centre at discounted cost per extra bag. Extra Bags are charged at the airport at a higher cost per extra bag. Once extra bags have been paid for, it is only refundable if the request is submitted 2 hours prior to checking in for your flight. Sporting equipment items are considered as part of the free checked baggage allowance (1 bag only). Should you carry sports equipment in addition to your 1 free checked bag allowance then this will be charged at the applicable extra bag fee. Please refer to the Excess Baggage Fees (checked baggage) and service charges for the applicable rates. Infants who share your seat are entitled to 1 free checked bag weighing up to 20kg, plus a collapsible pushchair and a child car seat for free. No additional bags may be purchased for infants. Should you carry more than the onboard baggage allowance, this will be removed from you prior to boarding and you will be required to check it in; this is subject to an extra bag charge. If this is removed from you at boarding, you may be off-loaded from the flight in order to facilitate the check-in of this additional baggage. Any additional travel cost will be at your expense. In the event that we have to carry your hand baggage in the aircraft hold for any reason, you must remove any valuables from this baggage as we will not be held liable for any loss in this regard.
9	Dangerous articles (such as compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons and infectious substances) must not be carried in baggage. Ask us if you are unsure what items are regarded as dangerous.
10	Subject to South African legislation, we do not provide meal vouchers, or hotel accommodation in the event of flight cancellations.
11	We will not carry any personal firearms or ammunition or weapons for hunting and sporting purposes as from 1 March 2013. Sporting weapons include antique swords, knives or similar items.
12	We do not carry live animals (such as dogs, cats insects, reptiles or other form of livestock and the like) on our flights with the exception of guide dogs accompanying passengers with disabilities. See our conditions of carriage for passenger and baggage for further details with regard to the carriage of animals.
13	We make every effort to provide seats for people who have a confirmed reservation. Rarely, a seat may not be available at check in for a flight for which a passenger has a confirmed reservation. Should such an occasion arise, an affected passenger will, subject to applicable South African legislation, be able to choose to be carried on a later flight operated by us or be refunded that portion of the journey not made.
14	While you may be assigned a seat, we cannot guarantee that you will be able to sit in any particular seat. We reserve the right to change your seat at any time, even after you have boarded the aircraft, as we may need to do this for operational, comfort, safety or security reasons.
15	No free on-board catering service is provided on our flights. Drinks and snacks (a limited variety) will be available for sale on board our flights.
16	All car hire, hotel accommodation, airport transfer and other additional services detailed in our website and promoted by us are operated independently of ourselves. The information featured on the website is given in good faith, and is subject to change without notice. Whilst every care has been taken to ensure all information is correct, we cannot be held responsible for incorrectly featured information.
17	All carriage is offered by us in accordance with our conditions of contract and subject to our conditions of carriage for passengers and baggage from time to time in force. If there is any conflict between these terms and conditions, conditions of carriage, regulations, confirmation notices and our conditions of carriage for passenger and baggage, our conditions of carriage for passenger and baggage shall prevail.

conditions of contract


1	As used in this contract
	1.1	ticket means the document entitled "Itinerary/Receipt" issued by the Carrier or on its behalf.
	1.2	carriage is equivalent to "transportation".
	1.3	carrier means kulula.com a brand operated by Comair Limited.
	1.4	Convention means that Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 or that Convention as amended at The Hague, 26 September 1955, Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999, whichever may be applicable;
2	Carriage hereunder is subject to the Rules and Limitations relating to liability established by the Warsaw Convention or the Montreal Convention, unless such carriage is not "International Carriage" as defined by that convention.
3	To the extent not in conflict with the foregoing, carriage and other services performed by the Carrier are subject to i) Provisions contained in the ticket ii) Applicable tariffs and iii) Carrier's General Conditions for Carriage of Passengers and Baggage and related rules, Terms and Conditions and regulations which are made part hereof and are available on application at the offices of the carrier except in transportation between a place in the United States or Canada or any place outside thereof to which tariffs enforced in those countries apply.
4	The carrier's name may be abbreviated. The carrier's address shall be 1 Marignane Drive, Bonaero Park, Kempton Park, 1619.
5	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. If we issue a ticket for you to be carried on another carrier or check in baggage for carriage on another carrier, we only do so as agent for that carrier. 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.
6	Baggage must be designed to protect its contents and withstand usual baggage handling procedures at the airports. The carrier is not liable for the damage such as scratches, scuffs, stains, dents, cuts, cracks and dirt resulting from normal wear and tear or water damage to non-waterproof luggage or any damage to any protruding parts of the baggage such as handles, straps and the like. The carrier in addition will not accept liability for valuable items (such as jewellery, mobile phones, important documents, laptops, cash, and the like) or fragile items (such as breakable items, laptops and the like). The carrier will furthermore not accept liability for damage 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.
7	A ticket is good for carriage on the date and time shown on the ticket, except as otherwise provided in the carrier's terms and conditions, carrier's tariffs, conditions of carriage or related regulations and subject to payment of an administration fee and other charges in respect of any change of reservation by the passenger or as otherwise specified in the carrier's conditions of carriage and terms and conditions. No change of reservation charge is levied for infant passengers on the flight booking. Carrier may refuse transportation if the applicable fare has not been paid. The fare for carriage is subject to change prior to commencement of carriage. Carrier may refuse transportation to any person who has made a reservation and/or acquired a ticket in violation of applicable law, or carrier's rules or regulations.
8	Subject to applicable South African legislation, all kulula fares are subject to one hundred percent (100%) cancellation fee except as provided for in Points 6 and 15 of the terms and conditions and as set out in our general conditions of carriage for passengers and baggage or as provided for in terms of the fare rules. kulula will only allow a full refund without penalty in the following instances: For a ticket that is purchased as result of a direct marketing campaign, where the transaction is rescinded within five (5) business days of it being concluded In event of a passenger not being able to travel as a result of the passenger themselves being hospitalised In unfortunate circumstances such as the death of a passenger As provided for in the fare rules applicable to the purchase of the ticket For additional bags purchased provided the transaction is refunded or cancelled prior to check-in kulula will, on request, grant a refund of any unflown airport taxes when a customer cancels or misses their flight. One hundred percent (100%) cancellation fee (fare and VAT) may be applied to all flight sectors booked, unless as otherwise provided in the fare rules applicable to the ticket purchased. Tickets are non-endorsable except as provided for in the carriers' General Conditions for Passengers and Baggage.
9	Although the carrier undertakes to use its best efforts to carry the passenger and his or her baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel, time shown in the timetables, schedules or elsewhere are not guaranteed and form no part of this contract. Schedules may change from time to time.
10	Passengers must present their unique reference number together with positive identification (e.g. valid passport or valid South African identity document) at check in before departure. Passengers who fail to present their unique reference number and positive identification will forfeit their seats and no refunds or credits will be given.
11	On board the carrier's flight, passengers will only be allowed to drink alcoholic beverages purchased by them on board the aircraft, and the consumption of alcohol supplied or brought on board by passengers or third parties is strictly prohibited.
12	Passengers shall comply with Government travel requirements, present exit, entry and other required documents and arrive at the airport by the time fixed by the carrier, or if no time is fixed, early enough to complete departure procedures.
13	Any exclusion or limitation of liability of the carrier shall apply to and be for the benefit of agents, servants and representatives of the carrier and any person whose aircraft is used by carrier for carriage and its agents, servants or representatives.
14	No agent, servant or representative of the carrier has authority to alter, modify or amend provisions of this contract.

general conditions of carriage for passenger and baggage

Effective 1 January 2013

article 1 : DEFINITION OF PARTICULAR EXPRESSIONS IN THESE CONDITIONS
article 2 : APPLICABILITY
article 3 : TICKETS
article 4 : FARES AND CHARGES
article 5 : RESERVATIONS
article 6 : CHECK-IN AND BOARDING
article 7 : REFUSAL AND LIMITATION OF CARRIAGE
article 8 : BAGGAGE
article 9 : SCHEDULES, CANCELLATIONS OF FLIGHTS
article 10 : REFUNDS
article 11 : BEHAVIOUR ON THE AIRCRAFT
article 12 : ARRANGEMENTS FOR ADDITIONAL SERVICES
article 13 : ADMINISTRATIVE FORMALITIES
article 14 : SUCCESSIVE CARRIERS
article 15 : LIABILITY FOR DAMAGES
article 16 : TIME LIMITATION ON CLAIMS AND ACTIONS
article 17 : ACTION FOR DAMAGES MUST BE BROUGHT WITHING 2 (TWO) YEARS
article 18 : OUR REGULATIONS
article 19 : MODIFICATION AND WAIVER
article 20 : APPLICABLE LAW

article 1. : definitions of particular expressions in these conditions
As you read these conditions, please note that:

"we", "our", "ourselves" and "us" means kulula.com a brand operated by Comair Limited, a company (Registration no. 1967/006783/06) duly incorporated under the company laws of the Republic of South Africa) with its main place of business situated at 1 Marignane Drive, Kempton Park, South Africa, 1619.

"you", "your" and "yourself" means any person, except members of the crew, carried or to be carried on our aircraft, having a 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 out in your ticket or shown in our timetables as scheduled stopping places on your route.

"airline designator code" means the two or three letters or the letters or numbers which identify particular air carriers.

"appropriate identification" means either a valid South African Identity Document (S.A. I.D. Book) or valid passport or a valid South African Driver's Licence.

"authorized agent(s)" means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.

"baggage" means your articles, effects and other personal property necessary or appropriate for wear, use, comfort or convenience in connection with your trip. Unless otherwise specified, it includes both your checked and unchecked baggage.

"baggage check" means those portions of the ticket which relate to the carriage of your checked baggage.

"baggage identification tag" means a document we give to you to identify each piece of your checked baggage.

"checked baggage" means 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.)

"check-in deadline" means the time limit we have set by which you must have completed check-in and received your boarding pass.

"conditions of carriage" means these conditions of carriage.

"Convention" means whichever of the following instruments are applicable:

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 on 28 September 1955;
the Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975);
the Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of Montreal (1975)
the Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975);
The Guadalajara Supplementary Convention (1961) where applicable
The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999 (referred to below as the Montreal Convention)

"damage" includes death, wounding, or bodily injury to a passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental to it performed by us.

"day" means all seven days of the week. For the purposes 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 a ticket was issued.

"Force Majeure Event" means any event outside of our control, including, without limitation , acts of God, meteorological events (such as storms, rain, wind, fire, fog, flooding, heat, earthquakes, haze, or volcanic eruption). It also includes, without limitation, government action, disturbances or potentially volatile international conditions, civil commotions, riots, embargoes, wars, or hostilities (whether actual, threatened, or reported) strikes, work stoppage, slowdown, lockout or any other labour related disputes involving or affecting our service, mechanical difficulties, Air Traffic Control, the inability to obtain fuel, airport gates, labour or landing facilities for the flight in question or any fact not reasonably foreseen, anticipated or predicted by us.

"flight" means a flight from one point indicated on the ticket to the next.

"itinerary /receipt" means a document or documents we or our authorized agent(s) issue to you that contains the passenger name, flight information and notices.

"No-show passenger"A passenger who held a confirmed reservation for a flight but who failed to use the reservation for reasons other than a missed connection.

"passenger" means any person, except members of the crew, carried or to be carried on our aircraft, with our consent (See also the definition for "you", "your" and "yourself".)

"SDR" means a Special Drawing Right, an international type of monetary reserve currency, created by the International Monetary Fund (IMF) in 1969 and which is the official unit of exchange of the International Monetary Fund. The current value of an SDR is provided daily by the IMF at http://www.imf.org.

"stopover" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.

"ticket" means the itinerary/receipt issued by us or on our behalf, and includes our conditions of carriage, Terms and Conditions and Conditions of Contract and notices.

"unchecked baggage" means your baggage other than your checked baggage. (You normally take your unchecked baggage with you onto the aircraft.)

"unique reference number" means the reservation reference number or code that we have provided you at the time of making a reservation and as contained on the itinerary/receipt.

"validity period" means the period for which a ticket is valid.

ARTICLE 2. : APPLICABILITY


2.1	General
	2.1.1	Subject to Article 2.2, these conditions of carriage will apply to all flights operated by us.
	2.1.2	These conditions of carriage apply to gratuitous and reduced fare carriage and to other services incidental thereto except to the extent that we have provided otherwise in our Regulations or in the relevant contracts, passes or tickets.
	2.1.3	These conditions of carriage apply to all of our business activities, including but not limited to charter operations and services incidental thereto, but excludes all flights on the services of British Airways/Comair, for which different conditions of carriage for passenger and baggage apply.
2.2	Overriding law
	These conditions of carriage are applicable unless they are inconsistent with applicable law in which event such laws shall prevail. If any provision of these conditions of carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.3	Conditions prevail over Terms and Conditions and Conditions of Contract
	Except as provided in these conditions of carriage, in the event of inconsistency between these conditions of carriage and any of our Terms and Conditions and Conditions of Contract, dealing with particular subjects, these conditions of carriage will prevail.

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 will be required to produce your unique reference number and appropriate identification.

3.1.2

We reserve the right in our sole discretion in certain circumstances including, but not limited to cancelled, delayed or overbooked flights and for any reason other than operational reasons to carry you on the services of a later flight. Under no circumstances are you entitled to request an endorsement.

3.1.3

When a ticket has been issued by us or by one of our authorised agent(s) on our behalf it is and remains at all times our property.

3.1.4

You shall not be entitled to be carried on a flight unless you provide us with appropriate identification and a unique reference number which has been duly issued by us or our authorized agent(s).

3.2 Period of Validity

A ticket is good for carriage on the date and time reflected on the ticket except as otherwise provided for in the ticket, our terms and conditions, and related regulations and subject to payment of an administration fee and other charges in respect of any change of reservation or otherwise as specified in these conditions of carriage and our terms and conditions.

If you arrive after check-in has closed for your flight, we cannot accept you for travel (no-show passenger). The flight sector you were booked on and any onward flights will be cancelled and you will be charged a 100% cancellation fee for all flight sectors as shown on your itinerary. Any cost incurred as a result of you missing your flight will be for your own account. If you are running late or are unable to make your original booked flight, we suggest that you rebook for a new flight or advise us at least 45 minutes prior to the departure of your flight via the kulula Contact Centre in order to avoid your flights being cancelled.

3.3 Change of Reservation

3.3.1

Domestic flights

Reservations for a domestic flight can be changed up to 45 (forty five) minutes before the scheduled time of departure of the original flight subject to seats being available on the new flight on the basis as set out in Clause 7 of our terms and conditions. You can change a reservation for a flight subject to the payment of an administration fee per person per one-way flight plus any difference in the available fare and tax (if applicable) on the new flight. If the available fare is lower on the new flight, no refund will be issued.

3.3.2

International flights

Reservations for an international flight can be changed up 60 (sixty) minutes before the scheduled time of departure of the original flight to the same destination (no route changes allowed), subject to seats being available on the new flight on the basis as set out in Clause 7 of our terms and conditions. You can change a reservation for a flight subject to the payment of an administration feeper person per one-way flight plus any difference in the available fare and tax (if applicable) on the new flight. If the available fare is lower on the new flight, no refund will be issued.

3.4 Change of Name

Name changes are NOT permitted on domestic or international flights. Once you have made your reservation, names of passengers may not be changed.

ARTICLE 4. : FARES AND CHARGES


4.1	General
	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. Your fare does not include ground transportation between one airport and another or between the airport and the town terminal. We may charge any surcharge to the fare for your ticket which applies on the date you pay for your ticket, for example a fuel or insurance surcharge.
4.2	Applicable Fares
	Subject to Articles 3.3 and 4.3, we or our authorized agent(s) will work out the fare for your ticket which applies on the date you pay for it. The fare will be for travel on the specific dates shown on your ticket. If you want to change your dates of travel, then in addition to paying the administration fee, the fare paid may also increase as set out in Article 3.3.
4.3	Taxes, fees and charges
	4.3.1	You must pay any taxes, fees and charges imposed on us or on you by government or any other authorities, or by operators of airports.
	4.3.2	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.
	4.3.3	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.
4.4	Currency
	Fares and charges are payable in those currencies acceptable to us, at exchange rates determined by us at the time the ticket is issued.

ARTICLE 5. : RESERVATIONS


5.1	Reservation Requirements
	5.1.1	Reservations are not confirmed until recorded as accepted by us, supported by a unique reference number. We will make this unique reference number available to you at the time the ticket is issued.
	5.1.2	In accordance with the general practise of low cost carriers, tickets are non-endorsable and subject to applicable South African legislation, a one hundred percent (100%) cancellation fee applies to all fares except as provided for in Article 9 and 10.
5.2	Ticketing Time Limits
	If a passenger has not paid for the ticket prior to the expiry of the specified ticketing time limit, we will cancel the reservation.
5.3	Personal Data
	5.3.1	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 : Making a reservation and issuing a ticket; Providing you with your transportation and any related services and facilities; Accounting, billing and auditing; Checking credit or other payment costs; Immigration and custom control; Security, administrative and legal purposes; Statistical analysis; Operating frequent flyer programmes (if applicable); System testing, maintenance and development; Customer relations; Helping us in any future dealings with you; and Direct marketing and market research (in which case we will give you an opportunity to opt out).
	5.3.2	For these purposes and subject to applicable South African legislation, we may release your personal information to: Our subsidiary companies; Other companies involved in providing you with transportation and related services and facilities; Data processors working for us; Our agent(s); Government and enforcement agencies; and Credit and other payment card companies.
5.4	Seating
	You may be assigned a seat at check-in, but we cannot guarantee that you will be able to sit in any particular seat. We can change your seat at any time, even after you have boarded the aircraft, as we may need to do this for operational, comfort, safety or security reasons.
5.5	Special Services
	5.5.1	We will try to ensure that special services requested by you when you make your reservation, such as wheelchairs from the airport check-in to the aircraft, are available, subject to the provision of Article 7.3.3. No charge will be made to you for the provision of such services. We will not, however, be liable to you for loss, expense, breach of contract or other damage should we, for any reason, be unable to supply such previously requested service.
5.6	Catering
	No free on-board catering service will be provided by us as part of our normal service. Drinks and snacks (a limited variety) will be available for sale on board our flights.

ARTICLE 6: CHECK-IN AND BOARDING


6.1	You must have completed the check-in process by the check-in deadline. If you do not complete the check-in process by the check-in deadline, we may charge you one hundred percent (100%) cancellation fee for the flight you missed and any onward connecting flights will be cancelled too. We highly recommend that you contact us to amend your booking before the departure of your booked flight to ensure that you do not miss and then forfeit your flight/s. By completing the check-in process, we mean that you have received your boarding pass for your flight.
6.2	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.
6.3	We may cancel your reservation if you fail to produce your unique reference number and appropriate identification when checking in.
6.4	We will not be liable to you for any loss or expense you suffer if you fail to meet the check-in deadline or fail to be at the boarding gate on time or fail to produce your unique reference number and appropriate identification at check-in.
6.5	Online Check-in
	6.5.1	Online Check-in is available to all passengers travelling with an e-ticket
	6.5.2	Visit kulula.com from 24 hours to 90 minutes prior to the scheduled departure time of your kulula.com flight and follow the simple instructions.
	6.5.3	To access your itinerary, you will need your confirmed booking number which is to be found on your booking confirmation email.
	6.5.4	Passengers who wish to make a change to their booking after they have used the Online Check-in should be aware that this will result in their Online Check-in being cancelled and they will be required to either check-in again online or check-in at the airport.
	6.5.5	kulula.com reserves the right to suspend or not to offer Online Check-in for certain flights from time to time. In this case you will need to check-in as per the normal airport check-in procedure.
	6.5.6	For passengers travelling with infants, the Online Check-in system, via the booking number will recognise that the passenger is being accompanied by an infant and pre-seat the passenger and infant automatically. For safety reasons, adults with infants on their laps will be restricted to certain seats on the aircraft. Infants can only travel with their legal guardian. Where a passenger using Online Check-in is not identifiable as the parent of the accompanying infant, the passenger may, at the boarding gate, be required to prove guardianship of, or written authority from the parents or guardian to transport the infant.
6.6	Home printed boarding passes
	6.6.1	After completing the Online Check in process, you will be supplied with a computer generated image of a boarding pass containing the information relevant to your intended flight. This image can be printed at home before you leave for the airport. You can reprint your boarding pass by going to the Online Check-in screen and request a reprint alternatively use the self-service kiosk at the airport for this purpose. Home prints need to reveal the entire boarding pass document and have a minimum resolution of 300 dpi. If these conditions are not met, you may be required at the airport to reprint your boarding pass at the check-in counters or the self-service kiosk.
6.7	Baggage drop off and Boarding requirements for online check in and home printed boarding passes
	6.7.1	Passengers must deliver baggage to be checked in to the kulula.com Bag Drop no later than 30 minutes prior to departure. Failure to deliver your baggage on time will cause this baggage not to be loaded onboard the aircraft. kulula.com reserves the right to refuse acceptance of baggage that does not conform with our Baggage and Luggage Policies. For safety reasons, certain dangerous articles must not be carried in passengers' baggage. More information on dangerous goods.
	6.7.2	Once you have delivered your baggage, you may proceed directly to Security without reporting to the check-in counters first.
	6.7.3	At Security you will need to present your printed boarding pass.
	6.7.4	Once you have proceeded through Security, you will need to check the flight information screens in the departure lounge for boarding and gate information. This information will not be contained on your boarding pass.
	6.7.5	Passengers must report to the boarding gate at least 20 minutes prior to departure. Failure to arrive at the boarding gate on time will result in you being denied boarding and if necessary your baggage being offloaded from the aircraft.
	6.7.6	All passengers using the Online Check-in must present a valid ID book, driver’s license or passport for domestic routes or a valid passport for international routes which will be checked at the boarding gate. Any passenger without appropriate identification as mentioned above will be refused travel.
	6.7.7	Any passenger failing to present their boarding pass at the boarding gate will be required to have their boarding pass re-issued at the kulula.com check-in counters. On return to Security, you will be obliged to re-submit yourself for security screening. kulula.com accepts no liability where such re-issue process results in a passenger missing their flight by failing to report at the boarding gate at the stipulated time before the flights departure.
6.8	Hand luggage (unchecked baggage) restrictions
	6.8.1	Passengers travelling with unchecked baggage should ensure that it meets our requirements with respect to number, size and weight of articles being carried and does not contain any sharp or dangerous objects. kulula.com reserves the right to refuse acceptance of unchecked baggage that is not in conformity with our Baggage and Luggage Policies.
	6.8.2	Should you carry more than the unchecked baggage allowance, this will be removed from you prior to boarding and you will be required to check it in; this is subject to an extra bag charge. If hand luggage is removed from you at boarding, you may be off-loaded from the flight in order to facilitate the check-in of this additional baggage. Any additional travel cost will be at your expense.
	6.8.3	In the event that we have to carry your baggage in the aircraft hold for any reason, you must remove any valuables from this baggage as we will not be held liable for any loss in this regard.

ARTICLE 7. : REFUSAL AND LIMITATION OF CARRIAGE


7.1	Right to Refuse Carriage
	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:
	7.1.1	the carriage of you or your baggage may be in breach of any applicable government laws, regulations, or orders;
	7.1.2	the carriage of you or your baggage may endanger the safety, health, comfort or convenience of other passengers or crew;
	7.1.3	your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;
	7.1.4	your condition is such that it is likely to interfere with and/or obstruct the crew in the performance of their duties and/or where your condition is likely to cause other passengers discomfort or cause them to complain;
	7.1.5	if carrying you or your baggage may affect the comfort of any person in the aircraft;
	7.1.6	if you are drunk or under the influence of drink or drugs;
	7.1.7	if you are, or we reasonably believe you are, in unlawful possession of drugs;
	7.1.8	if your mental or physical state is in danger or risk to you, the aircraft or any person in it;
	7.1.9	if you have refused to allow a security check to be carried out on you or your baggage;
	7.1.10	if you have not paid the applicable fare, taxes or charges;
	7.1.11	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;
	7.1.12	If you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft;
	7.1.13	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;
	7.1.14	You have deliberately interfered with a member of the crew of the aircraft carrying out his/her duties;
	7.1.15	You have put the safety of either the aircraft or any person in it in danger;
	7.1.16	You have made a hoax bomb threat;
	7.1.17	You have committed a criminal offence during the check-in or boarding process or on board the aircraft;
	7.1.18	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;
	7.1.19	you are unable to produce your unique reference number together with appropriate identification or the identification produced does not accord with the name in our reservation system;
	7.1.20	if you destroy your travel documents during flight;
	7.1.21	if you refuse to allow us to photocopy your travel document;
	7.1.22	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;
	7.1.23	if you ask the relevant government authority for permission to enter a country in which you have landed as a transit passenger;
	7.1.24	if carrying you would break government laws, regulations or orders;
	7.1.25	if you have refused to give us information which a government authority has asked us to provide about you;
	7.1.26	You have not presented a valid ticket;
	7.1.27	You have presented a ticket acquired illegally;
	7.1.28	You have presented a ticket which has been reported as being lost or stolen;
	7.1.29	You have presented a counterfeit ticket;
	7.1.30	You have presented a ticket with an alteration made neither by us or our authorized agents;
	7.1.31	You cannot prove you are the person named in the ticket;
	7.1.32	if you have changed your transportation other than in accordance with Article 3.3 and Article 3.4;
	7.1.33	if you have failed to present your unique reference number, ID documents, passport or your boarding pass or your travel documents to us when reasonably asked to do so;
	7.1.34	if you have failed to complete the check-in process by the check-in deadline;
	7.1.35	if you have failed to arrive at the boarding gate in time;
	7.1.36	You have behaved in a way mentioned above or in connection with a previous flight and we believe you may repeat this behaviour;
	7.1.37	You fail to observe our instructions with respect to safety or security;
	7.1.38	If you have refused or failed to undergo a health screening or a health examination requested by us or by a government or enforcement agency.
7.2	Our right to refuse to carry you when we have banned you from our route network
	7.2.1	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;
	7.2.2	by a banning notice we mean a notice we have given to you informing you that you are banned from being carried on our route network. (This means that 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.
	7.2.3	If you purchase a ticket and intend to travel on our services while the banning notice is in force, we will refuse to carry you.
7.3	Special Assistance
	7.3.1	Passengers with special needs who book their tickets over the telephone must advise our Contact Centre of their requirements at the time of reservation. Passengers wishing to purchase tickets over the Internet must contact our Contact Centre prior to making their reservation, to give details of their requirements;
	7.3.2	We are unable to accept those passengers with a level of disability which requires the presence of a Care Assistant, unless a Care Assistant is travelling to accompany the passenger;
	7.3.3	There is a limited number of wheelchair passengers accepted per flight. We will only accept groups of more than two wheelchair passengers by prior arrangement. Wheelchair facilities can be provided at the airport for passengers who are completely immobile and cannot walk unaided, or are unable to climb the aircraft steps, or cannot walk long distances;
	7.3.4.1	We do not accept unaccompanied children for travel. Unaccompanied young persons must be 12 (twelve) years or over to be accepted;
	7.3.4.2	Children under 12 years of age cannot travel without an adult aged 16 years or older who must take responsibility for the child;
	7.3.4.3	Infants under the age of 2 years (on the date of travel) must sit on an accompanying adult's lap;
	7.3.5	Carriage of pregnant women, persons with illnesses and other persons requiring special assistance is subject to prior arrangement with us;
	7.3.6	We may decide not to carry pregnant women, passengers who are ill, passengers who are disabled, passengers who have limited mobility or need special help, if arrangements to carry them have not been made before check-in.

ARTICLE 8. : BAGGAGE


8.1	Free baggage allowance
	We will carry some of your baggage free of charge, subject to our terms and conditions and limitations.
8.2	Excess baggage
	You will be required to pay a charge for carriage of baggage in excess of the free baggage allowance. These rates are set out under baggage in the kulula.com customer care flight information.
8.3	Items unacceptable as baggage
	8.3.1	You must not include in your baggage (whether as checked baggage or unchecked baggage)
	8.3.1.1	items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);
	8.3.1.2	items, the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over;
	8.3.1.3	items which we reasonably consider as unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, we will take account of the type of aircraft being used. We will only accept baggage for carriage if it and its contents can withstand ordinary handling and if its weight, size and character render it suitable for carriage on the particular aircraft on which it is to be carried, unless you release us from all liability with regards to damage and loss that may occur.
	8.3.2	If we discover that you are carrying items which are forbidden as set out in Clause 8.3.1, we will refuse to carry them. Please ask us or our authorized agent(s) for information about forbidden items if you need it.
	8.3.3	If, despite being prohibited, any items referred to in Article 8.3.1 are included in your baggage, we shall not be responsible for any loss or damage to such items.
8.4	Firearms
		As from 1 March 2013 we will no longer carry any firearms on board our flights.
8.5	Dangerous items you must not take with you on the plane
	8.5.1	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.
	8.5.2	You must not take antique, toy or replica guns into the aircraft cabin.
	8.5.3	You must not take swords, knives, archery bows, arrows or similar weapons into the aircraft cabin.
	8.5.4	We may tell you either to check in items referred to in Clauses 8.5.1, 8.5.2 or 8.5.3 as checked baggage or refuse to carry them altogether.
8.6	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 but not limited to contact or corneal lenses, sunglasses, prescription glasses or spectacles, medication, share certificates, bonds, business documents or samples, passports and other identification documents, other valuable documents, cameras and other photographic equipment, telescopes and binoculars, audio/video equipment (including radios, cassette/compact disc players, ipods, mp3 and mp4 players, camcorders, CD, DVD, video, televisions, and other similar audio and video equipment), mobile phones, satellite navigation equipment, computers and computer equipment (including PDAs, personal organisers, laptops, notebooks, iPads, netbooks and the like), computer games equipment (including consoles, games and peripherals), wallets, purses, money, jewellery, watches, precious and semi-precious stones and articles made of or containing gold, silver or other precious metals furs or other clothing deemed to be of special value
8.7	We are not responsible for loss of or damage to forbidden items. If, despite the fact that an item is forbidden under Clauses 8.3, 8.5 or 8.6, you included it in your baggage, we will not be responsible for any loss or damage caused to it.
8.8	Right to Refuse Carriage
	8.8.1	We will refuse to carry as baggage the items described in Article 8.3 and Article 8.5, and we may refuse further carriage of any such items on discovery.
	8.8.2	We may refuse to carry as baggage any item because of its size, shape, weight, contents or character, or for safety or operational reasons, or in the interests of the comfort and convenience of other passengers.
	8.8.3	We may carry on later flights baggage which is in excess of your free baggage allowance.
	8.8.4	We will refuse to carry checked baggage if we reasonably believe that it is not properly and securely packed in suitable containers.
8.9	Our right to Search, Screen and X-Ray you and your baggage
	8.9.1	For reasons of safety and security you may be searched and screened and your baggage will be searched, screened or X-Rayed.
	8.9.2	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.
8.10	Checked Baggage (Baggage checked into the hold)
	8.10.1	On delivery to us of your baggage which you wish to check in or of your baggage which we require you to check in prior to boarding we will take custody of, and issue a baggage identification tag for each piece of your checked baggage.
	8.10.2	Checked baggage must have your name or other personal identification affixed to it.
	8.10.3	Checked baggage will, wherever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your checked baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
8.11	Unchecked baggage (Baggage you carry onto the plane)
	8.11.1	We may specify maximum dimensions for baggage which you carry on to the aircraft. If we have not done so, baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as checked baggage. In the event that we have to remove your baggage from the cabin, it will be carried as checked baggage in the aircraft hold and you must remove any valuables from your baggage. We will not be held liable for any loss of any valuables contained in baggage.
	8.11.2	We will when cabin space permits, allow you to carry a "laptop" personal computer, over and above your unchecked baggage allowance.
	8.11.3	Objects not suitable for carriage as checked baggage (such as delicate musical instruments, large and fragile items), and which do not meet the requirements in Article 8.11.1 above, will only be accepted for carriage in the passenger cabin if you have given us notice in advance and permission has been granted by us. You will have to pay a separate extra baggage charge for this service which is only payable at the airport and the carriage of such baggage is subject to the signing of a limited release tag releasing us of all liability in respect of damage or loss to such items. No guarantee is given that such objects will be carried on the same flight as you. We accept no liability for loss or damage to such articles.
8.12	Collection and Delivery of Baggage
	8.12.1	Unless Clause 8.10.3 applies, you are required to collect your checked baggage as soon as it is made available at your place of destination. 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 (3) months of the time it is made available, we may dispose of it without any liability to you.
	8.12.2	Only the bearer of the baggage check or baggage identification tag is entitled to delivery of the checked baggage.
	8.12.3	If a person claiming checked baggage is unable to produce the baggage check or identify the baggage by means of a baggage identification tag, we will deliver the baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the baggage.
8.13	Animals
	8.13.1	kulula.com accepts animals for travel on our domestic flights in the pressurised hold of the aircraft. Customers wishing to carry animals on kulula.com flights must adhere to the following terms and conditions:
	8.13.1.1	On domestic flights (within the Republic of South Africa), the following will apply: Arrangements have to be made with our cargo agents Express Air Services at least 24hrs prior to departure on 011 230 6400. The cargo agents will quote the applicable rate. Animals must be taken to cargo 4 hours prior to departure for regional flights (destinations outside Republic of South Africa) and 2 hours prior to departure for domestic flights. The pet must travel in a container as per the specifications listed below (see Container Requirements). Should you have more than one pet travelling, each pet must be contained in a separate container. Acceptance for carriage of animals is subject to the condition that the customer assumes full responsibility for its transportation; that the animal is in good health and fit to travel at the time of its transportation. Unless carrying the animal on a kulula.com flight is covered by any liability clause as listed in our conditions of carriage, kulula.com will not be responsible for its loss, delay, sickness, injury or death unless kulula.com have been grossly negligent. Under no circumstances will a pet be allowed to travel in the cabin, unless it is a guide dog. In accordance with international standards the following will not be accepted for carriage: Puppies under 10 weeks old will not be allowed to board the aircraft. All Mammals declared to be pregnant unless accompanied by a veterinary health certificate certifying that the animal is fit to travel and less than 6 weeks into the gestation period, and there is no risk of birth occurring during the journey. Nursing females with suckling young
	8.13.1.2	On international flights (by which we mean all flights other than domestic flights) the following will apply: Assistance dogs accompanying passengers with disabilities, can be taken into the aircraft cabin if applicable law permits it and if the necessary arrangements are in place at the relevant airports; Assistance dogs accompanying passengers with disabilities will be carried free provided that we may make a charge if an adjacent seat has to be withdrawn from use to accommodate a passenger with disabilities and the accompanying assistance dog; Assistance dogs that cannot be taken into the aircraft cabin, will have to be checked in as set out below and will be carried as cargo, according to our policy at the relevant time. All other animals must be carried as cargo. These animals (including unaccompanied animals and assistance dogs that cannot be carried in the cabin) will not be checked in at the airport. Such animals must be taken to our cargo agent for check in. We will only carry animals if it will be legal for them to arrive at your final destination.
	8.13.1.3	On all flights (by which we mean both domestic and international) the following will apply: Except for assistance dogs accompanying passengers with disabilities permitted to be carried in the aircraft cabin. You must make sure that all animals are put in proper, adequate and secure containers. You must present all health and vaccination certificates, entry permit, transit permits, exit permits and other documentation needed for the animal. Unless carrying the animal is covered by our liability rules or the liability rules of the Convention, we will not be responsible for their loss, sickness, injury or death unless we have been grossly negligent. We are not liable to you for any loss you suffer because you do not have the health and vaccination certificates, entry permits, transit permits, exit permits and other documents needed for your animals. You must repay us any fines, costs, charges, losses or liabilities we have paid or suffered because you did not have these documents. It is your responsibility to ensure that the animals are suitably sedated so as to enable them to undertake the flight without anxiety or stress. From time to time we adopt regulations for carrying animals. Please ask us or our authorized agents for a copy.

ARTICLE 9. : SCHEDULES, CANCELLATION OF FLIGHTS


9.1	Schedules
	9.1.1	The flight times shown on the timetable may change between the date of publication and the date you actually travel. We do not guarantee these flights to you and they do not form part of your contract or carriage with us.
	9.1.2	Before we accept your reservations, we or our authorized agent(s) will tell you the scheduled departure time of your flights. We may need to change the scheduled departure time of your flight after your ticket has been sent to you. If you give us or our authorized agent(s) contact information, we or they will try to let you know about any changes.
	9.1.3	If, after you buy your ticket we made a significant change to the departure time of your flight (by significant we mean a time change of more than 3 (three) hours); you find this change unacceptable; we or our authorized agent cannot book you on another flight which you are prepared to accept We will give you a refund in accordance with Article 10. You will be required to change any booked car hire or hotel accommodation and we will not accept liability for failure to make such changes.
	9.1.4	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. If we issue a ticket for you to be carried on another carrier or check in baggage for carriage on another carrier, we only do so as agent for that carrier. 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.
9.2	Cancellation, rerouting, etc
	9.2.1	We will take all reasonable measures necessary to avoid delay in carrying you and your baggage
	9.2.2	If we cancel a flight or delay a flight by more than 3 hours, we shall use our reasonable endeavours to advise you via telephone, sms or e-mail. Then we shall either:
	9.2.2.1	carry you on another of our scheduled services on which space is available without additional charge and where necessary extend the validity of your ticket, or
	9.2.2.2	carry you on the services of a comparable service provider at no additional charge provided space is available and provided further that we have an agreement in place with such comparable service provider
	9.2.2.3	If neither of the above alternatives is available, we will make a refund in accordance with the provisions of Article 10.
	9.2.3	The above remedies are 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.
9.3	Denied Boarding Compensation
	9.3.1	If you are denied boarding against your will, other than for a Force Majeure event, on a flight for which you have both a valid ticket and confirmed reservation, we will pay you compensation as may be required by any law that applies. This will not apply if you fail to meet the check-in or boarding requirements or we exercise our right to refuse to carry you, as set out in Article 7.1. No denied boarding compensation will be paid in respect of infant fees.

ARTICLE 10. : REFUNDS

10.1	In accordance with the general practice of low cost carriers and subject to applicable South African legislation, all fares carry a one hundred (100) percent cancellation fee except as provided in 10.2
10.2	A full refund will be made:
	10.2.1	if we cancel a flight and are unable to accommodate you as provided for in Articles 9.1.3 and 9.2 of the Conditions of Carriage and Article 15 of the Terms and Conditions;
	10.2.2	if a flight is delayed on the day of departure for any period that will negate the reason for which you are travelling (results in you arriving late for a meeting or function) or is longer than three hours beyond the scheduled time of departure and you opt not to travel as provided for in Article 9.2;
	10.2.3	if you are denied boarding against your will and we are unable to re-accommodate you on an alternate flight that is suitable for your requirements;
	10.2.4	if the ticket was purchased as a result of a direct marketing campaign where the transaction is rescinded within five (5) business days of it being concluded;
	10.2.5	if a customer is not able to travel as a result of the customer themselves being hospitalised and such application is accompanied by proof of hospitalisation;
	10.2.6	in the unfortunate circumstance of the death of a customer and upon submission of a copy of the death certificate reflecting the details of the ticketed passenger.
	10.2.7	as provided for in the fare rules applicable to the ticket purchased
	10.2.8	for additional bags purchased provided the transaction is refunded or cancelled prior to check-in.
10.3	Upon request, any unflown airport taxes will be refunded in a situation where a passenger has cancelled or missed their flight (no-showed) and one hundred percent (100%) cancellation fee has been applied to the fare for that flight sector and/or any onward flight sectors.
10.4	All refunds that are made will be made in South African Rands ("ZAR") only, unless we in our sole discretion agree otherwise.
10.5	You must, if you are entitled to a refund, prove to us that you are the person named on the ticket or, if this applies, the person who pays for the ticket. If the ticket has been paid for by someone other than the passenger named on it and it says that there is a restriction on a refund, we will only make a refund to the person who paid for the ticket.

ARTICLE 11. : BEHAVIOUR ON THE AIRCRAFT


11.1	Unacceptable Behaviour
	If, while you are on board the aircraft, we reasonably believe that you have: Put the aircraft, or any person in it, in any danger; Deliberately interfered with the crew in the carrying out of their duties; Failed to obey the instructions of the crew relating to safety or security; Failed to obey the seatbelt or no smoking signs; Committed a criminal offence; Allowed your physical or mental state to become affected by drink or drugs; Fail to obey the crew's instructions relating to drink or drugs; Made a hoax bomb threat; Threatened, abused or insulted the crew or other passengers; Behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers; or Behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers: we may take any measures we think reasonable to prevent you continuing your behaviour. When the aircraft lands we may decide to: Make you leave the aircraft; Refuse to carry you on the remaining sectors of the journey shown on your ticket; and Report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offence you might have committed.
11.2	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.
11.3	Using Electronic Devices on board the aircraft
	For safety reasons, we may decide not to allow you to use electronic devices when you are on board the aircraft, including Mobile phones; Laptop computers; Personal recorders; Personal radios; MP3, cassettes and CD players; Electronic games; or Transmitting devices (for example, radio controlled toys and walkie-talkies). You must not use these items when we have told you that they are not allowed. We will allow you to use hearing aids and heart pacemakers.

ARTICLE 12. : ARRANGEMENTS FOR ADDITIONAL SERVICES


12.1	Services provided by other companies
	If we Arrange for another company (such as a tour operator, car hire company, hotel company, or an airport transfer service), to provide any land or other forms of transport or other services for you; or Issue you with a ticket or a voucher or any other form of confirmation relating to such land or other forms of transport or other services; we are only acting as your agent in making the arrangements or issuing the tickets, vouchers or confirmation. The terms and conditions of the company providing the services will apply.
12.2	Liability for services provided by other companies
	We shall have no liability to you in respect of such transportation or services (including for any act or omission, non-provision or delay) whether in breach of contract or otherwise, except for liability for gross negligence on our part in making such arrangements, which liability shall be subject to and limited by the provisions of Article 15.

ARTICLE 13. : ADMINISTRATIVE FORMALITIES


13.1	General
	13.1.1	You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
	13.1.2	We shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2	Travel Documents
	Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.
13.3	Refusal of Entry
	If you are denied entry into any country, you 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 denied entry will not be refunded by us.
13.4	Passenger Responsible for Fines, Detention Costs, etc
	If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand any amount so paid or any expenditure so incurred. We may apply towards such payments or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.
13.5	Customs Inspection
	If required, you shall attend inspection of your baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection through your failure to comply with this requirement.
13.6	Security inspection
	You shall submit to any security checks by Governments, airport officials, carriers or by us.

ARTICLE 14. : SUCCESSIVE CARRIERS


	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 Article 15.6.1.

ARTICLE 15. : LIABILITY FOR DAMAGE


15.1	Applicability
	These conditions of carriage govern our liability to you.
15.2	International Carriage is governed by the Convention as modified by this clause.
	Unless otherwise provided for in this Article 15 or in these conditions of carriage, 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.
15.3	Our Liability for the Death, wounding or other bodily injury of passengers
	15.3.1	In respect of international carriage to which the Convention applies:
	15.3.1.1	Our liability for proved damages sustained in the event of death, wounding or other bodily injury to a passenger in the event of an accident shall not be subject to any financial limit, whether defined by law, Convention or contract.
	15.3.1.2	For any damage up to the sum of the equivalent of 113 100 SDR's, we shall not exclude or limit our liability by proving that we or our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures.
	15.3.1.3	Notwithstanding the provisions of Clause 15.3.1.2, if we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased passenger, we may be exonerated wholly or partly from liability in accordance with applicable law.
	15.3.1.4	To the extent that damage under this clause 15.3.1 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.
	15.3.1.5	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.
	15.3.1.6	Without prejudice to Clause 15.3.1.5, an advance payment shall not be less than the equivalent of 16000 SDR's per passenger in the event of death.
	15.3.1.7	An advance payment shall not constitute recognition of our liability.
	15.3.1.8	An advance payment may be offset against any subsequent sums paid on the basis of our liability.
	15.3.1.9	An advance payment is not returnable, except in the case described in Clause 15.3.1.3 or in circumstances where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation.
	15.3.1.10	We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
	15.3.2	For transportation which is wholly within the borders of the Republic of South Africa ("Domestic Carriage") and which is not international carriage to which the Convention applies:
	15.3.2.1	Our liability for damages sustained in the event of death, wounding or other bodily injury by a passenger in the event of an accident shall be limited to the sum of 113 100 SDR's.
	15.3.2.2	We shall be insured up to the limits of liability set out in this clause 15.3.1 and after that up to a reasonable level.
	15.3.2.3	Our liability as set out in this clause 15.3.2 shall be excluded or limited if we are able to prove that we or our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures.
	15.3.2.4	In addition to the provisions of Clause 15.3.2, if we prove that the damage is caused by, or contributed to by, the negligence of the injured or deceased passenger, we may additionally be exonerated wholly or partly from liability in accordance with applicable law.
	15.3.2.5	We are not responsible for any illness, injury or disability, including death, attributable to your physical condition, or for the aggravation of such condition.
15.4	Our Liability for damage to Baggage
	15.4.1	We are not liable for damage to checked baggage (other than damage caused by delay, which is governed by Clause 15.4.4 below) unless such damage was caused by our gross negligence or the gross negligence of our agents. We shall further not accept liability for the damage such as scratches, scuff, 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 luggage.
	15.4.2	For 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 1131 SDR's except where you prove that the damage resulted from an act or omission by us or our agents carried out either with the intention of causing damage or recklessly and with the knowledge that damage would probably result and you prove that our employees or agents responsible for the act or omission were acting within the course and scope of their employment.
	15.4.3	For Domestic Carriage (carriage wholly within the Republic of South Africa), our liability for damage to checked baggage is limited to: 17 SDR's (US$20) for each kilo of your checked baggage; and 332 SDR's (US$400) for all your unchecked baggage. If the weight of your checked baggage is not recorded on the baggage check, we will presume that it is not more than the free baggage allowance for the class of carriage concerned.
	15.4.4	We are not liable for damage to baggage or damage caused by delay if we prove that we or our agents took all reasonable measures to avoid the damage or it was impossible for us or our agents to take such measures or due to any Force Majeure Event.
	15.4.5	We are not liable for any damage caused by your baggage. You shall be responsible for any damage caused by your baggage to other persons or property, including our property.
	15.4.6	We shall have no liability whatsoever for loss of or damage to articles not permitted to be contained in checked baggage under Articles 8.3, 8.5 and 8.6, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, cellular phones, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, whether or not such baggage was handed over to a member of our staff or to our agents.
15.5	Our liability for damage caused by delay to passengers
	15.5.1	For International Carriage only
	15.5.1.1	Our liability for damage caused to a passenger by delay is limited by the Convention to 4694 SDR's.
	15.5.1.2	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.
15.6	General
	15.6.1	If we: Issue a ticket for you to be carried on another carrier; or Check in baggage for carriage on another carrier; we only do so as an agent for that carrier. 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.
	15.6.2	We are not liable for any damage arising from our compliance with or your failure to comply with applicable laws or Government rules and regulations.
	15.6.3	Our liability, if any, shall be limited to proven compensatory damages, and in any event, we shall not be liable for indirect, consequential, or any other form of non-compensatory damages.
	15.6.4	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, if any.
	15.6.5	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.
	15.6.6	Nothing in these conditions of carriage: Prevents us from excluding or limiting liability under the Convention or any laws which apply; or Gives up any defence available to us under the Convention or any law which apply, against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other injury of a passenger.

ARTICLE 16. : TIME LIMITATION ON CLAIMS AND ACTIONS


16.1	Notice of Claims
	16.1.1	If the person with a baggage check or a baggage identification tag 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.
	16.1.2	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.

ARTICLE 17. : ACTION FOR DAMAGES MUST BE BROUGHT WITHIN 2 (TWO) YEARS


	You will have no right to damages if an action is not brought within 2 (two) years calculated from: The date of arrival at the passenger's destination; The date on which the aircraft ought to have arrived; or The date on which the carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard.

You will have no right to damages if an action is not brought within 2 (two) years calculated from:

The date of arrival at the passenger's destination;
The date on which the aircraft ought to have arrived; or
The date on which the carriage stopped.

The method of calculating the period of limitation will be determined by the law of the court where the case is heard.

ARTICLE 18. : OUR REGULATIONS


	When we carry you or your baggage, you must obey our regulations. These concern, amongst other things: Unaccompanied children; Passengers with limited mobility; Pregnant women and sick passengers; Carrying animals; Restrictions on using electronic devices on board the aircraft; Smoking and drinking alcohol on board the aircraft; Forbidden items in baggage; and Limits on the measurements, size and weight of baggage.

When we carry you or your baggage, you must obey our regulations. These concern, amongst other things:

Unaccompanied children;
Passengers with limited mobility;
Pregnant women and sick passengers;
Carrying animals;
Restrictions on using electronic devices on board the aircraft;
Smoking and drinking alcohol on board the aircraft;
Forbidden items in baggage; and
Limits on the measurements, size and weight of baggage.

ARTICLE 19. : MODIFICATION AND WAIVER


	None of our authorized agents, servants, employees or representatives has authority to alter, modify or waive any provision of these conditions of carriage.

ARTICLE 20. : APPLICABLE LAW


20.1	Carriage is subject to the law of the Republic of South Africa and this agreement shall be interpreted according to the laws of South Africa.
20.2	The headings of each paragraph are inserted for convenience only and have no separate bearing when interpreting the agreement which must be interpreted as a whole.
20.3	For Domestic Carriage, any action taken against us shall be taken in the Republic of South Africa in the Court which has jurisdiction over us. Consequently you hereby consent to the jurisdiction of the High Court of South Africa in respect of any action whatsoever that may be taken by you against us.

legal - kulula gift cards

Tue, 19 Jun 2012 16:06:25 GMT

general terms and conditions of use

The gift card terms and conditions displayed on the kulula.com website are effective from 1 April 2011 and applicable at the time of card redemption. These terms may be amended by kulula.com from time to time. To buy one, simply choose a kulula.com gift card at the retailer's in-store Gift card Mall and flash it to the cashier at the till point. Choose an amount you want to load for your gift and pay. kulula gift cards are available at a minimum value of R100 and a maximum value of R500 per card.

Your gift card is now loaded and ready to use by the recipient of your choice.

kulula gift cards are available for sale at specified kulula.com gift card retailers, refer to kulula.com gift card info page for details of retailers and locations.

The validity of the kulula.com gift card is 36 months from date of purchase.

It is the responsibility of the purchaser to provide the value of the gift card to the recipient in the form of the till slip received from the retailer.

It is also the responsibility of the purchaser to ensure that the gift card pin number has not been scratched off prior to giving it to the recipient.

There is a note on the card 'Do not purchase if scratch-off is removed'.

If the recipient did not receive proof of value (till slip) or if it is misplaced or unknown, the gift card recipient may contact the kulula.com Contact Centre to verify the value of the gift card. The kulula.com Contact Centre has access to the value and any previous transaction history. kulula.com does not accept responsibility for any misuse of the card by any parties post date and time of purchase and the gift card value is non-disputable.

The kulula.com gift card may be used as payment or part payment for your kulula.com ticket or holiday package. Only 1 gift card per person per adult per booking may be redeemed for holiday packages. This excludes infants, as they do not occupy a seat.

Unused balances will be credited back to the gift card for further use when redeeming for kulula.com flights only.

The original expiry date will be applicable for any balance on the gift card.

The full value of the gift card must be used when redeeming kulula holiday packages.

kulula.com gift cards may be redeemed online at www.kulula.com, at the kulula.com Contact Centre on 0861 KULULA (585852) or at any kulula Ticket Counter location nationwide – for kulula.com flights only.

kulula.com gift cards may be redeemed for kulula holiday packages through our Contact Centre only on 0861 585 852 (select option 3).

kulula.com gift cards may be used in conjunction with other payments options:

'Non Cash payments' (loyalty currency and vouchers):
kulula moolah and or Discovery Miles; kulula Gift Vouchers (not limited in usage – for more info refer to the kulula.com Gift Vouchers Info Page)
'Cash Payments':
SID (Secure Instant Deposit = internet banking option) or Credit Card, EFT, bank deposit

The kulula.com gift card may not be exchanged for cash or credit.

A kulula.com gift card is not replaceable if lost, stolen or destroyed.

Upon purchase the user accepts all terms and conditions pertaining to travel with kulula.com which may be reviewed at www.kulula.com

General information on the kulula.com gift cards is available at the kulula.com Gift Card Info Page

Go to gift card info

legal - kulula credit card

Tue, 19 Jun 2012 16:05:52 GMT

Download kulula credit card terms and conditions pdf *

* Requires a PDF reader. Get Adobe Reader

legal - holiday packages & combo bookings

Tue, 19 Jun 2012 16:03:27 GMT

legal stuff

kulula.com
website prices
reservations
hotels
payment and penalty fee
exclusion of liability, suppliers' terms & risk

travel Documents
insurance
travel Declarations
general Information
booking and Change fee
special Requests

1.	kulula.com kulula.com hereinafter referred to as “(the Company”) is a division of Comair Limited, Registration Number 1967/006783/06.
2.	Exclusion of Liability, Suppliers' Terms & Risk
	2.1	The Company acts as an agent/broker in packaging the tours and travel arrangements featured on this website, utilizing the products of various travel suppliers.
	2.2	While the Company makes every effort:
		2.2.1	to engage quality suppliers among the hotels, tour operators and other service providers to provide the travel products featured on this website.
		2.2.2	It does not have direct control over the provision of services by suppliers and shall not be liable for any loss, damage, injury, additional cost, accident, delay, irregularity that may be occasioned by any error or default, act or omission of any supplier in carrying out the arrangements of any travel arrangement, or otherwise in connection therewith.
	2.3	The Company accepts no liability for changes, omissions or delays before or during the course of any published tour or other travel arrangement occasioned by technical difficulties, weather conditions, strikes, war or unrest, communication breakdowns or events beyond the control of the Company. All expenses occasioned by such events, including but not limited to unscheduled extensions or curtailment of accommodation, changes to scheduled flights, additional air fares, telephone and meal costs, etc, will be for the customer’s account.
	2.4	If in the opinion of the Company the fulfillment of any tour is considered impossible, illegal or inadvisable because of weather conditions, unrest, strikes, war and/or any other adverse factors beyond the Company’ control, the Company may at any time cancel such tour or what remains of it or make alterations to the route, accommodation, price and/or any other aspect thereof as it deems fit, and any losses and expenses resulting from such cancellation or alteration shall be for the account of the customer.
	2.5	All bookings are subject to the terms and conditions specified by the supplier of the services which the customer contracts to in terms of the booking. The Company will provide on request, the identity of the supplier and such supplier's terms and conditions may include, but are not limited to, provisions regarding the cancellation fees or amendment fees applicable to confirmed reservations, refunds/no refunds for no-shows/unused services; late booking fees; baggage allowances; confirmation of flights, etc. In the case of airlines, the general cancellation fee applicable to tickets issued, is 25% (twenty five per centum); the typical baggage allowance 20kg; and the extension of ticket validity is not permitted.
	2.6	Save in the event of willful misconduct or gross negligence by the Company, neither the Company nor its holding or parent company or representatives shall be liable for any loss, injury, death or damages, arising from any tour/travel package/travel arrangement set out herein.
	2.7	The Company will not be responsible for any charges that appear on a customer's credit card, nor accept responsibility for having any of these charges reversed or corrected. ^ top
3.	Website Prices
	3.1	Prices quoted on this website, are based on air fares (where included), hotel prices, land costs and rates of exchange at the date captured on the website. The Company will make every effort to ensure that prices are regularly updated, however the Company reserves the right to adjust tour prices at time of booking in accordance with increases in air fares, hotel rates and currency fluctuations after the brochure date.
	3.2	All information contained on the Company's website and price displays are to the best of the Company’s knowledge and belief true and correct, but the Company accepts no liability for any errors/inaccuracies contained therein.
4.	Reservations
	4.1	On confirmation of the booking the customer shall pay the Company the total price. The Company reserves the right to cancel any reservation for which payment has not been made. The price of land arrangements can only be fixed once full payment is received by the Company. While the Company will make all reasonable endeavours to hold quoted pricing, pricing may be subject to subsequent increases. Air fares are subject to the prices and conditions quoted by the airlines and cannot be guaranteed by the Company.
	4.2	Prices quoted do not include any items or services not specified in this brochure, or the Company's pro forma invoice. Typical items not included may be: a tour leader from South Africa, airport taxes, costs of obtaining visas and passports, telephone calls, laundry, entertainment arrangements not shown in itinerary, meals and beverages and airfares (unless specified), or any other item of a personal nature.
	4.3	Documentation is only prepared on receipt of full and final payment and completed booking form and travel declaration, signed conditions of this contract.
5.	Payment and Penalty Fees
	5.1	The Company will accept payment for all land arrangements in CASH, credit card or such other payment mechanism made available through our website or Call Centre.
	5.2	The Company reserves the right to charge a booking fee and/or a handling fee which will be included in the total tour price.
	5.3	In the event of any reservation being completed less than 30 days prior to departure, the Company shall be entitled to levy a late reservation fee. The total price is due immediately on confirmation and is non-refundable.
	5.4	In the event of the customers cancelling their reservation for any reason, such cancellation must be made in writing and in such instances cancellation charges will be 100% of the tour package total. Under certain circumstances, should it be acceptable to our suppliers we will allow amendments in travel dates, provided these are made within three months of the original travel date, subject to availability.
	5.5	No amendments to confirmed reservations, can be made within 14 days prior to departure. Amendments to confirmed reservations will be processed at a fee of R180 (excl. VAT) for each alteration made to the booking after the initial reservation. Administration charges will be levied on all documentation/vouchers submitted for re-issue or refund.
	5.6	No refunds will be made for no-shows, or any unused services irrespective of whether they form part of the basic inclusive tour price, or whether they are in respect of pre-booked optional arrangements. ^ top
6.	Booking and Change fees
	6.1	A booking fee of R160.00 per booking is charged if booking is made via our Contact Centre.
	6.2	The fee for changing a booking will cost you R130 per person per sector. Bookings made via our Contact Centre or Airport Ticket Sales are charged at an additional R50 per person per sector (all fees are inclusive of vat), PLUS the difference between your old fare and the new fare available.
7.	Hotels
		The Company reserves the right to substitute hotels listed with others of a similar or higher category at no additional cost to the traveller.
8.	Special Requests
		Special requests must be made at the time of booking. The Company will endeavour to comply with the special requests, which will be for the cost of the traveller, but cannot guarantee that such requests will be met.
9.	Travel Documents, Passports, Visas, Vaccinations, Inoculations and Re-entry Permits and International Driver’s Licences
	9.1	All travellers will be personally responsible for ensuring that they are in the possession of the correct documentation prior to their departure.
	9.2	Neither the Company nor the supplier shall be responsible for any consequences whatsoever should the traveller fail to ensure that he/she has complied with the necessary health, passport, visa or re-entry permit requirements. Due to the constantly changing requirements of each country, neither the Company nor the supplier shall be responsible or liable for any information, which it or its representative may furnish to the traveller in relation to the above.
	9.3	Should the Company be required to courier documents; any costs incurred will be for the passenger’s account.
	9.4	If travellers intend to drive a rental car, they should obtain an international driving permit from their local AA office in South Africa. The traveller must also be in possession of his/her local driving licence and produce this at the car rental check-in counter when traveling domestically. ^ top
10.	Insurance
	10.1	It is the responsibility of the traveler to ensure that they are adequately covered in respect of travel insurance.
11.	Travel Declarations
		The Company requires that all foreign payments that are made on behalf of the traveller must be deducted from the traveller's foreign exchange allowance. A currency declaration to this effect must be lodged before final documentation can be released.
12.	General Information
	12.1	The Company shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to in writing. No representation, term, warranty or condition expressed or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement or conversation.
	12.2	No indulgence, which the Company may grant to any party, shall constitute a waiver of any of the rights of the Company who shall not thereby be precluded from exercising any rights against the customer and/or the traveller which may have arisen in the past or which might arise in the future.

^ top

legal - Emirates flights

Tue, 19 Jun 2012 16:03:11 GMT

Disclaimer
Important Stuff
Terms & Conditions of Carriage
General Conditions of Contract

Comair Limited disclaimer

While every effort is made to ensure that all information on the kulula.com website is updated and correct, Comair Limited shall not be liable for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to the airline through the kulula.com website.

Exclusion of Liability, Suppliers' Terms and Risk
kulula.com is a division of Comair Limited, Registration Number 1967/006783/06. kulula.com also acts as an agent in selling air tickets on behalf of Emirates for certain international flights as featured on this website. kulula.com does not have direct control over the provision of services operated by Emirates and therefore shall not be liable for any loss, damage, injury, additional cost, accident, cancelation, delay or irregularity that may be occasioned by any error or default, act or omission of Emirates, as applicable, in carrying out the arrangements of travel.

kulula.com accepts no liability for changes, omissions or delays before or during the course of any published travel arrangement occasioned by technical difficulties, weather conditions, strikes, war or unrest, communication breakdowns or events beyond control of the company, Emirates, as applicable. All expenses occasioned by such events, including but not limited to unscheduled extension of curtailment of changes to scheduled flights, additional air fares etc. will be for the customer's account.

All bookings for flights on Emirates are subject to the Emirates General Conditions of Carriage, as applicable, which the customer contracts with in terms of the booking.

kulula.com will not be responsible for any charges that appear on a customer's credit card, nor accept responsibility for having any of these charges reversed or corrected relating to bookings on Emirates, as applicable.

important stuff

Remember to bring your South African ID document / valid passport with you when you check in. Please note that NO temporary ID's or refugee papers will be accepted.

Familiarise yourself with our terms and conditions, conditions of contract and conditions of carriage for passengers and baggage as they contain important information regarding your flight.

terms & conditions of contract

PASSENGERS ON A JOURNEY INVOLVING AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE ARE ADVISED THAT INTERNATIONAL TREATIES KNOWN AS THE MONTREAL CONVENTION, OR ITS PREDECESSOR, THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS (THE WARSAW CONVENTION SYSTEM), MAY APPLY TO THE ENTIRE JOURNEY, INCLUDING ANY PORTION THEREOF WITHIN A COUNTRY. FOR SUCH PASSENGERS, THE APPLICABLE TREATY, INCLUDING SPECIAL CONTRACTS OF CARRIAGE EMBODIED IN ANY APPLICABLE TARIFFS, GOVERNS AND MAY LIMIT THE LIABILITY OF THE CARRIER.

NOTICE of Liability Limitations

The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.

Where the Montreal Convention applies, the limits of liability are as follows:

There are no financial limits in respect of death or bodily injury.
In respect of destruction, loss of, or damage or delay to baggage, 1,131 Special Drawing Rights (approximately EUR 1,200; US $1,800) per passenger in most cases.
For damage occasioned by delay to your journey, 4,694 Special Drawing Rights (approximately EUR 5,000; US $7,500) per passenger in most cases.

EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.

Where the Warsaw Convention system applies, the following limits of liability may apply:

16,600 Special Drawing Rights (approximately EUR 20,000; US $20,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,000; US $10,000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
17 Special Drawing Rights (approximately EUR 20; US $20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400; US $400) for unchecked baggage.
The carrier may also be liable for damage occasioned by delay.

Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.

Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.Notice of Contract Terms Incorporated by Reference

1.	Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier’s individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs.
2.	If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
3.	The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
4.	The Conditions may include, but are not restricted to: Conditions and limits on the carrier’s liability for the bodily injury or death of passengers. Conditions and limits on the carrier’s liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods. Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply. Application of the carrier’s Conditions and limits of liability to the acts of the carrier’s agents, servants and representatives, including any person providing either equipment or services to the carrier. Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier. Rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the carrier’s right to refuse carriage. Rights of the carrier and limits on the carrier’s liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft. Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
5.	You can obtain more information about your contract of carriage, and find out how to request a copy, at places where transportation on the carrier is sold. Many carriers also have this information on their websites. When required by applicable law, you have the right to inspect the full text of your contract of carriage at the carrier’s airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each carrier free of charge.
6.	If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.

YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA.

GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.

DENIED BOARDING: Flights may be overbooked, and there is a slight chance that a seat will not be available on a flight even if you have a confirmed reservation. In most circumstances, if you are denied boarding involuntarily, you are entitled to compensation. When required by applicable law, the carrier must solicit volunteers before anyone is denied boarding involuntarily. Check with your carrier for the complete rules on payment of denied boarding compensation (DBC) and for information on the carrier’s boarding priorities.

BAGGAGE: Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Check with your carrier. Checked Baggage: Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier. Cabin (Unchecked) Baggage: Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type. It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin). SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR US TRAVEL: For domestic travel wholly between US points, federal rules require any limit on a carrier’s baggage liability to be at least US $3300.00 per passenger, or the amount currently mandated by 14 CFR 254.5.

CHECK-IN TIMES. The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be available for boarding. Your carrier may refuse you carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding.

DANGEROUS GOODS (HAZARDOUS MATERIALS). For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted. Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with your carrier.

DANGEROUS GOODS

Do not pack or carry onboard the items pictured below without checking with your carrier.

DO NOT ENDANGER YOUR SAFETY OR THAT OF YOUR FELLOW PASSENGERS.

Emirates general conditions of carriage

ARTICLE 1 — WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS “We”, “us”, “our” means Emirates. “You”, “your”, “yourself” means any person (whether adult, child or infant) holding a Ticket to be carried in an aircraft, except members of the crew. See also the definition of “Passenger”. “Airline Designator Code” means the two or three letters which identify individual airlines in Tickets, timetables, reservation systems and elsewhere. “Article” means an article of these Conditions of Carriage. “Authorised Agent” means a passenger sales agent (which can include another airline) we have appointed to represent us in the sale of carriage on our services. “Baggage” means your personal property accompanying you during your carriage. Unless we say otherwise, this consists of your Checked Baggage and Unchecked Baggage. “Baggage Check” means those parts of your Ticket which relate to the carriage of your Checked Baggage. “Baggage Identification Tag” means a document given to you by us to identify your Checked Baggage. “Banker’s Selling Rate” means the rate at which, for the purpose of the transfer of funds through banking channels (i.e. other than transactions in bank notes, travellers cheques and similar banking instruments), a bank will sell a given amount of foreign currency in exchange for one unit (or units) of national currency of the country in which the exchange transaction takes place. “Checked Baggage” means Baggage we take into our custody for carriage in the hold of an aircraft for which we have issued a Baggage Check or a Baggage Identification Tag or both. “Check-in Deadline” means the time limit we have set you for completing the process of checking-in and receiving a boarding pass. “Conditions of Carriage” means these conditions of carriage. “Conjunction Ticket” means a Ticket issued by us or our Authorised Agent in conjunction with another Ticket which together constitute a single contract of carriage. “Coupon” means a paper document marked “Flight Coupon” or “Passenger Coupon” issued by us or our Authorised Agent as part of your Ticket. “Damage” means death or wounding of a Passenger, or any other bodily injury suffered by a Passenger, caused by an accident on board an aircraft or during any of the operations of embarking or disembarking. It also means damage sustained in the event of the destruction or the total or partial loss of or damage to Baggage which occurs during carriage by air. Additionally, it means damage occasioned by delay in the carriage by air of Passengers or Baggage. “Day” means any of the seven days of the week. For the purpose of calculating whether you have complied with a notice requirement, we will not count the day on which a notice is sent. For the purpose of determining whether a Ticket is valid, we will not count the day on which the Ticket was issued or the day the first flight began. “Electronic Ticket” means the electronic entries within our reservations database recording the carriage you have booked for which we or our Authorised Agent have issued an e-Ticket Receipt/Itinerary. “e-Ticket Receipt/Itinerary” means a receipt marked as such or marked “Passenger Receipt/Itinerary” or “Itinerary/Receipt” issued by us or our Authorised Agent and delivered to you by email, by fax, by hand, by mail, or by courier. “Flight Coupon” means a paper document, marked as such, issued by us or our Authorised Agent as part of your Ticket showing the places of departure and destination between which you are entitled to be carried or, alternatively, an electronic entry within our reservations database recording your booking for carriage on a particular flight. “Force Majeure” means unusual and unforeseen circumstances which you cannot control and the consequences of which cannot be avoided by your taking reasonable care. “IATA” means the International Air Transport Association. “ICAO” means the International Civil Aviation Organisation. “Immediate Family” means your spouse, your children (including adopted children), your parents, your brothers and sisters, your grandparents, your grandchildren, your parents-in-law, your brothers and sisters-in-law and your sons and daughters-in-law. “Montreal Convention” means The Montreal Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, 28 May 1999. “National Currency Equivalent” means the equivalent value of the local currency of the country in which the compensation is to be paid or in which judgement is to be made. “Passenger” means any person (whether adult, child or infant) entitled by a Ticket to be carried in an aircraft. See also the definition for “you”, “your”, “yourself”. “Passenger Coupon” and “Passenger Receipt” mean a document marked as such issued by us or our Authorised Agent as part of your Ticket. “Regulations” means the rules we have for certain aspects of carriage of Passengers and their Baggage which are described or referred to in more detail in Article 17. “SDR” means Special Drawing Right, the composite unit of currency that is a basket of currencies comprising the Euro, Japanese Yen, Pound Sterling and US Dollar and which is used as the official unit of exchange of the International Monetary Fund. “Stopover” means any place set out in your Ticket or shown in our timetables as a scheduled stop (regardless of duration) between the first place of departure and the last place of destination in your Ticket. “Tariff” means fares for carriage, charges and related Conditions of Carriage and Ticket restrictions (whether published or otherwise available) filed, where required, with a relevant governmental authority. “Ticket” means the paper document marked “Passenger Ticket and Baggage Check” issued by us or our Authorised Agent with all accompanying Coupons or, alternatively, an Electronic Ticket. “Unchecked Baggage” means your Baggage, other than your Checked Baggage, which is carried by you aboard the aircraft. “USA” means the United States of America. “US$” means United States Dollars. “Warsaw Convention” means any of the following international instruments of law which apply to your carriage: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; the Warsaw Convention as amended at The Hague on 28 September 1955; the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975); the Warsaw Convention as amended at The Hague and as amended by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Supplementary Convention (1961). “Website” means our internet website with the address www.emirates.com
ARTICLE 2 — WHEN THESE CONDITIONS ARE APPLICABLE
2.1	GENERAL Except as provided in Articles 2.2, 2.4 and 2.5, our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code is indicated in the Carrier box of the Ticket for that flight or flight segment.
2.1.1		These Conditions of Carriage form part of your contract of carriage with us and apply to the carriage we provide to you unless Article 2.3 says otherwise.
2.1.2		These Conditions of Carriage may be modified or changed in your favour, but only by a written document signed by one of our managers.
2.2	CODE SHARES On some services we have arrangements with other airlines known as code shares. This means that even if you have a reservation with us and hold a Ticket showing the “EK” Airline Designator Code for one or more flights, another airline may operate the aircraft. If such arrangements apply to your carriage, the following conditions will apply:
2.2.1		we will advise you of the name of the other airline at the time you make your reservation when you make it with us or, if made through an Authorised Agent, we will endeavour to make sure that the Authorised Agent gives you such information;
2.2.2		for any such flights other than flights marketed by us to or from the U.S.A., these Conditions of Carriage will apply where we have a legal liability to you and the conditions of carriage of the operating carrier will apply in all other respects, with the result that, for example, provisions relating to baggage acceptance, check-in and boarding, refusal and limitation of carriage, conduct aboard aircraft, and schedules, delays and cancellation of flights may differ from these Conditions of Carriage; and
2.2.3		for any such flights marketed by us to or from the U.S.A., these Conditions of Carriage will apply except to the extent that they are supplemented or amended by any additional Contract of Carriage Rules we may apply (which will vary depending on the specific code share flight involved). For further information on how to access any additional Contract of Carriage Rules applicable to your flight, see www.emirates.com or call your local Emirates office.
2.3	OVER-RIDING LAW These Conditions of Carriage are applicable unless they are inconsistent with our 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 If these Conditions of Carriage are inconsistent with any of our Regulations, these Conditions of Carriage will apply. If part of one of our Regulations becomes invalid in this way, the other parts of our Regulations will still apply.
2.5	ENGLISH LANGUAGE TEXT PREVAILS These Conditions of Carriage are reproduced in several languages. If there is any inconsistency between the English text and a non-English text, the English text will apply unless applicable local law requires otherwise. The English text can be viewed on our Website.
ARTICLE 3 - TICKETS
3.1	GENERAL PROVISIONS
3.1.1		We will provide carriage only to persons who possess a valid Ticket (which includes the Flight Coupon for that flight, unused Flight Coupons for subsequent flights recorded in the Ticket, and the Passenger Coupon), provided that, for each Passenger, such person is named as the Passenger in the Ticket and he or she produces a valid passport which, in the case of an Electronic Ticket, must bear a serial number that matches the number specified in the e-Ticket Receipt/Itinerary.
3.1.2		In the case of an Electronic Ticket, you are required to bring your e-Ticket Receipt/Itinerary or Passenger Receipt with you to the airport as it may be necessary for you to present it to us and to airport immigration and security personnel.
3.1.3		You will not be entitled to be carried on a flight if the Ticket presented is mutilated, spoilt or tampered with, or if it has been altered otherwise than by us or our Authorised Agent. For replacement of a lost or damaged Ticket see Article 3.5.
3.1.4		For the purposes of the Warsaw Convention and the Montreal Convention, an e-Ticket Receipt/Itinerary is deemed to serve as a passenger ticket and a baggage check/document of carriage.
3.1.5		You cannot transfer your Ticket to another person. See Article 3.3 for situations relating to non-use of your Ticket.
3.1.6		Some of our Tickets are sold at special fares which may be partially or completely non refundable. You may wish to ensure that you have appropriate insurance to cover instances where you are unable to make use of such a Ticket.
3.1.7		The Ticket is and remains at all times our property if issued by us or our Authorised Agent. If the Ticket has been issued by, or on behalf of, another airline, it is and remains the property of that airline.
3.2	PERIOD OF VALIDITY
3.2.1		Except if it says otherwise in the Ticket, in these Conditions of Carriage, or in Tariffs which apply, a Ticket is valid for:
3.2.1 (a)		one year from the date of issue, if completely unused; or
3.2.1 (b)		one year from the date of first travel on the Ticket, but only if your first flight happened within one year of the date of issue of the Ticket.
3.2.2		If you are prevented from travelling within the period of validity of the Ticket because we could not confirm a reservation at the time you requested it, we may extend the validity of the Ticket or give you a voluntary refund under Article 10.3, depending on the restrictions (if any) included in the Ticket. Apart from this, we will have no liability to you for any loss or expense whatsoever.
3.2.3		If, after you have begun your carriage, a person you are travelling with on one of our flights dies en route, we will modify your Ticket either by waiving any Ticket restriction requiring you to stay a minimum period at a Stopover, or by extending the validity of your Ticket.
3.2.4		If a member of your Immediate Family dies after you have begun your carriage, we will modify your Ticket either by waiving any Ticket restriction requiring you to stay a minimum period at a Stopover, or by extending the validity of your Ticket for a period no longer than 45 Days from the date of the death. No such modification will be made unless we are provided with a valid death certificate or alternative evidence satisfactory to us.
3.3	NON-USE OF TICKET
3.3.1		If, before beginning your carriage and using any part of your Ticket, you are prevented from travelling solely by Force Majeure and part or all of the fare for your Ticket is non refundable, we will provide you with a credit for the non-refundable part of the fare which you can use to purchase a Ticket for yourself or another person for carriage within the next 12 months. No such credit will be given unless you have given us adequate evidence of the Force Majeure event.
3.3.2		If your Ticket has been provided to you by a third party as part of a package holiday to which European Council Directive 90/314 of 13 June 1990 on Package Travel and Package Tours (as specified in local law) applies, you may be permitted to transfer your booking to another person if you are prevented from proceeding with the package. Where such a transfer is permitted by applicable law, we or our Authorised Agent will, at your request, replace your Ticket by issuing a new Ticket to another person, but only if you have satisfied all applicable legal requirements. If you are in doubt whether your Ticket forms part of a package to which the specified Directive applies, you should ask for advice from the person who sold you the Ticket.
3.3.3		If, before beginning your carriage and using any part of your Ticket, a member of your Immediate Family dies and you no longer wish to travel, you will be entitled to a refund calculated in accordance with Article 10.2.1(a). No such refund will be made unless we are provided with a valid death certificate or alternative evidence satisfactory to us.
3.3.4		In the event of your death before beginning your carriage and using any part of your Ticket, we will provide a refund of your Ticket calculated in accordance with Article 10.2.1(a) if we are asked to do so. No such refund will be made unless we are provided with a valid death certificate or alternative evidence satisfactory to us. In the event of your death after you have begun your carriage, we will provide a refund for the unused portion of your Ticket calculated in accordance with Article 10.2.1(b) if we are asked to do so. No such refund will be made unless we are provided with a valid death certificate or alternative evidence satisfactory to us.
3.4	SEQUENCE OF FLIGHT COUPON USE
3.4.1		Your Ticket is valid only for the carriage recorded on the Ticket, from the place of departure via any Stopover(s) to the final place of destination. Your Ticket will lose its validity and will not be honoured by us if all of the Flight Coupons are not used in the sequence stated in the Ticket unless:
3.4.1 (a)		the fare already paid for the Ticket is the same or more than the fare applicable to the carriage which results from the out of sequence use of the Flight Coupons; or
3.4.1 (b)		you have paid any fare differential required for payment by Article 3.4.3.
3.4.1 (c)		a separate fare has been collected for the unflown sector(s).
3.4.2		Please be aware that some types of changes to your carriage may not result in a change of fare, but that others (for example, changing the place of departure if you do not fly the first segment of your carriage or reversing the direction you travel) can result in a fare increase. Likewise, many fares are valid for carriage only on the dates and for the flights shown on the Ticket and may not be changed at all, or may only be changed if you pay a fare increase to us or our Authorised Agent.
3.4.3		If you want to change the carriage recorded in your Ticket (including use of Flight Coupons out of sequence) you must contact us before departure of any flight concerned. We will work out the revised fare for your changed carriage and give you the choice of accepting and paying the new fare or keeping the carriage recorded in your Ticket. If you decide to accept and pay the new fare, an administration fee may be payable by you if your Ticket is subject to restrictions. If the change is necessary because a Force Majeure event has occurred, we will use reasonable efforts to transport you to your next Stopover or final destination without recalculation of the fare, but only if you have provided us with adequate evidence of the Force Majeure event.
3.4.4		If you change any part of your carriage or you fail to check-in prior to closing of check-in for your flight without advising us and complying with Article 3.4.3, your unused Flight Coupons will not be valid for travel or eligible for any form of refund until we have, or our Authorised Agent has, assessed the correct price for your actual carriage and you have paid any difference between the fare paid for your Ticket and the total fare applicable to your revised carriage. If the new price is lower than the fare already paid, we or our Authorised Agent will refund the difference, less any applicable administration fee(s).
3.4.5		We will accept each Flight Coupon forming part of your Ticket for carriage in the class of service on the date and flight for which you have a reservation. If a Ticket has been issued without a reservation being made at the time of issue, space may be reserved later subject to our Tariff, applicable Ticket restrictions and the availability of space appropriate to the fare paid on the flight requested.
3.5	REPLACEMENT OF TICKET
3.5.1		At your request, and if you comply with the requirements of Article 3.5.2, we will replace your Ticket if all or part of it is lost or damaged and cannot be presented for carriage, provided there is adequate evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question had been duly issued by us or our Authorised Agent.
3.5.2		Before any Ticket will be replaced by reason of Article 3.5.1, you will sign an agreement to reimburse us for any costs and losses of the type specified in Article 3.5.4 and pay to the airline issuing the replacement Ticket (whether us or another airline) any applicable administration fee for this service. This Article will not apply if replacement of your Ticket is necessary by reason of our or our Authorised Agent's fault or negligence.
3.5.3		If there is no evidence that a Ticket valid for the flight(s) in question was duly issued or you do not sign the agreement required by Article 3.5.2, the airline issuing a replacement Ticket (whether us or another airline) may require you to pay up to the full Ticket fare for such replacement Ticket subject to refund of the fare paid if and when the airline issuing the replacement Ticket becomes satisfied that the replaced Ticket has not been used before the expiry of its validity. Where we are the airline issuing the replacement Ticket, payment of the full Ticket price will be mandatory. If, in the case of Ticket loss and replacement, you subsequently find the original Ticket before the expiry of its validity and surrender it without further use to the airline which issued the new replacement Ticket (whether us or another airline), your refund will be processed at that time.
3.5.4		Any reimbursement agreement you have signed by reason of Article 3.5.2 will be for an amount up to the fare paid for the original Ticket, but if the original Ticket is subsequently used or cashed in by you, your obligation to reimburse will also include our costs and expenses (including legal fees and expenses) of locating/notifying you and enforcing the agreement together with any applicable administration fee(s).
3.6	OUR NAME AND ADDRESS ON TICKETS Our name may be abbreviated to the “EK” Airline Designator Code in the Ticket. Our address is Emirates Group Headquarters, Al Maktoum Street, Deira, P.O. Box 686, Dubai, United Arab Emirates.
ARTICLE 4 — FARES, TAXES, FEES, CHARGES AND EXCEPTIONAL CIRCUMSTANCES SURCHARGES
4.1	FARES The fare paid for your Ticket covers carriage of you and your Baggage from the airport at the place of departure to the airport at the place of destination via specified Stopovers at the times and on the dates specified in the Ticket, unless we say otherwise. The fare does not include ground transport service between airports and between airports and town terminals, unless we say otherwise. The fare for your Ticket has been calculated according to our Tariff as it applied on the date payment was made for your Ticket.
4.2	TAXES, FEES AND CHARGES
4.2.1		Before carriage, you will pay to us the total amount of all applicable taxes, fees and charges imposed on us by a government or other authority, or by the operator of an airport, which we are obliged to collect from you or to pay in respect of your carriage.
4.2.2		When you purchase your Ticket, we will advise you of all taxes, fees and charges not included in the fare, most of which normally will be shown separately on the Ticket. Taxes, fees and charges imposed on air travel are outside our control and are constantly changing and can be imposed or changed after the date your Ticket has been purchased. If a tax, fee or charge is imposed or increased after your Ticket has been purchased, you must pay to us any such tax, fee or charge, or any such increase before carriage.
4.2.3		If your Ticket has been purchased from our Authorised Agent and such Authorised Agent omitted to give details of all applicable taxes, fees and charges, with the result no, or insufficient, payment has been made for such taxes, fees and charges, you must pay the relevant amount at the airport of departure before you will be entitled to carriage.
4.2.4		If any tax fee or charge is abolished or reduced and becomes no longer applicable to all or part of your carriage, a refund can be claimed in respect of any such tax, fee or charge which has been paid. Please ask us or our Authorised Agent for details of how to claim such refund.
4.2.5		If you do not use your Ticket, you will be entitled to claim a refund of any taxes, fees or charges you have paid, less any applicable administration fee(s), if your Ticket is subject to restrictions. Please ask us or our Authorised Agent for details of how to claim such refund.
4.3	SURCHARGES IN EXCEPTIONAL CIRCUMSTANCES
4.3.1		In exceptional circumstances, charges may be imposed on us by third parties which are of a type or amount not normally applicable to our operations (for example, insurance premium supplements or additional security costs triggered by unlawful interference with civil aviation). In addition, we may be subjected to significant increases in operational costs (for example, fuel charges) caused by exceptional circumstances beyond our control. In such cases, you will be required to pay to us, as fare surcharges, all such charges attributed by us to your carriage (even if imposed after the date of issue of your Ticket). We will contact you with details of any applicable fare surcharges as soon as possible. If we are unable to establish contact using your contact details, we will advise you of any applicable fare surcharge at check-in. You are free to choose not to pay a fare surcharge and receive an involuntary refund of your Ticket in accordance with the provisions of Article 10.2, in which case we will have no other liability to you.
4.3.2		If any exceptional circumstances surcharge ceases to apply to all or part of your carriage, or a lesser amount is due, a refund can be claimed in respect of any such surcharge which has been paid. Please ask us or our Authorised Agent for details of how to claim such refund.
4.4	CURRENCY Fares, taxes, fees, charges and exceptional circumstances surcharges are payable in the currency of the country in which the carriage commences, converted to the currency of the country of payment (if different) at the applicable Banker's Selling Rate in effect on the date payment is made, unless we or our Authorised Agent require payment in a different currency (for example, because of the non-convertibility of the local currency). We may at our discretion, accept payment in any currency, subject to applicable local law.
ARTICLE 5 — RESERVATIONS
5.1.	RESERVATION REQUIREMENTS
5.1.1		Some fares have conditions attached to them which limit or exclude your right to change or cancel reservations. Details of any such conditions will be provided at the time of booking.
5.1.2		You must tell us at the time of booking if you have a medical condition or other condition for which you may require medical assistance or special assistance during embarkation, disembarkation or aboard an aircraft (for example, the circumstances set out in Articles 7.3 to 7.5). Your booking will be logged in our system as provisional and converted to a confirmed reservation by us once we are satisfied that you have received any medical clearance required under Article 7.5 and all conditions attached to such clearance have, or will be, complied with by you. If you are flying to or from the USA, application of local rules may mean that you do not need to comply with all or part of the requirements set out in this Article 5.1.2. If you ask us, we will tell you how the requirements may differ.
5.1.3		If Articles 7.3 to 7.5 apply to you, your booking for your reservation must be made through our call centre in accordance with the advance time limits specified in those Articles (namely: 48 hours before flight departure in the case of Articles 7.3.2(a) and (b), and 96 hours before flight departure in the case of Article 7.3.2(c)), otherwise it may not be possible to accept the booking because of lack of time to complete applicable medical clearance requirements.
5.2	FARE PAYMENT REQUIREMENT We will cancel your reservation if you have not paid the applicable fare (and applicable taxes, fees, charges and surcharges) for the Ticket prior to the ticketing time limit specified to you by us or our Authorised Agent.
5.3	PERSONAL DATA You recognise that your personal data (including sensitive personal data) has been provided to us for the purposes of: making a reservation; recording and issuing a Ticket; issuing a boarding pass and other ancillary documentation associated with your carriage; advising you of changes to your itinerary; responding to your queries or requests; issuing receipts; providing you with your carriage; providing you with ancillary services related to your carriage, including, for example, provision of wheelchair assistance, limousine services and third party services; administration of accounting, billing and auditing procedures and other administrative purposes; facilitating immigration and entry procedures; facilitating security checks including, for example, use of biometrics; dealing with customs control; dealing with immigration authorities; meeting security requirements; prevention and detection of crime; handling customer relations issues; analysis of statistics; assisting us in future transactions with you; systems testing; market analysis; tailoring our marketing to your specific carriage needs; benchmarking and performance measures; IT maintenance or development training; operating frequent flyer programmes; meeting legal obligations to you; making data available to government agencies in connection with your carriage (for example, security, customs or immigration where we are required by applicable law to do so); and other purposes associated with or incidental to your carriage. For all these purposes, you authorise us to retain and use such data and to transmit to and/or to share it with: our own offices, our Authorised Agents, our other companies and/or brands, anyone to whom we transfer our rights and duties; third party companies offering related services (including, for example, car rental, hotels, limousines, transfers, ancillary services), governments and government agencies, credit card and other payment card companies, and other airlines or providers of such related services. We may also retain your personal data for direct marketing, but we will obtain your authority to do this first. Sensitive personal data, for example data relating to your health or disabilities, religion, criminal record or otherwise may be processed by us. You recognise that, by providing us with sensitive personal data you give your explicit consent for us to process it and disclose it to third parties for the above purposes. We undertake to collect, process, store, save and transfer your data in compliance with relevant data protection legislation in force from time to time. In processing your data we may transfer it to countries which may not afford the same level of protection. We may also monitor and/or record your telephone conversations with us to ensure consistent service levels, prevent/detect fraud and for training purposes. We may require the name and contact details of a third party whom we may contact in an emergency. It is your responsibility to ensure that the third party consents to the disclosure of the information provided for that purpose. If you would like to know what personal data we are holding about you and/or correct the personal data that we hold about you, please contact our local office.
5.4	SEATING We will try to meet advance seating requests, but we cannot guarantee that you will be able to sit in any particular seat. We can change your seat for a similar seat at any time, even after you have boarded the aircraft.
5.5	AIRCRAFT
5.5.1		We will try to provide the aircraft specified in our timetable (or specified to you at the time of issue of your Ticket) for your carriage, but cannot guarantee any particular aircraft will be used. We can change the aircraft on which you will be carried, whether for operational, safety, security reasons or otherwise.
5.5.2		Very occasionally, it may be necessary for us temporarily to supplement our fleet with aircraft operated for us by another airline. If this applies to any aircraft on which you are due to be carried by us, we will inform you of the identity of the operator of the aircraft, or try to ensure that our Authorised Agents give you such information. We will try also to ensure that you receive the same level of in-flight service, entertainment, and baggage allowance advertised for your flight, but cannot guarantee that this will always be possible.
5.6	RECONFIRMATION OF RESERVATIONS
5.6.1		With limited exceptions, it is not necessary for you to reconfirm onward or return reservations before flying. If we do require you to reconfirm your reservation before a flight, we or our Authorised Agent will advise you when, how and where it should be done.
5.6.2		If you fail to reconfirm a reservation for any flight where we have told you that reconfirmation is necessary, we may cancel all of your onward or return reservations. No refund of the fare paid will be available in respect of such cancelled reservation unless permitted by the conditions applicable to your Ticket.
5.6.3		If, after we have cancelled your reservation because of your failure to reconfirm your reservation where we have told you that reconfirmation is necessary, we may reinstate your reservation at your request and carry you if there is space on the flight to which your cancelled reservation related. If there is no space is available on the flight, we will use reasonable efforts to try to carry you on another of our flights to your next or final destination, but we are not obliged to do so.
5.6.4		You should check the reconfirmation requirements of any other airlines involved in your carriage with them and, where necessary, reconfirm with the airline whose Airline Designator Code is entered in the Ticket for the flight in question. We will have no liability to you if another airline cancels one or more reservations because you failed to reconfirm that reservation where you were required to do so. Your right to onward travel or a refund will be governed by the conditions of carriage of the other airline.
5.7	CANCELLATION OF ONWARD RESERVATIONS
5.7.1		We will cancel the unused part of your reservation if you do not check-in for any flight or if, having checked-in, you fail to present yourself at the boarding gate with your boarding pass within the time limit specified by us at check-in, unless you have advised us first.
5.7.2		We will not cancel your unused reservations pursuant to Article 5.7.1 if you advise us of your intention not to use any part of your reservation before check-in has closed for the relevant flight or, alternatively, before the boarding gate closes if check-in formalities have been completed.
5.7.3		We will not be liable to you for any loss or expense whatsoever resulting from your failure to comply fully with the requirements of Articles 5.6 and 5.7.
ARTICLE 6 — CHECK-IN AND BOARDING
6.1	If you are travelling in First or Business Class you must present yourself for check-in no later than 1 hour prior to the scheduled departure time of your flight. If you are travelling in Economy Class you must present yourself for check-in no later than 3 hours prior to the scheduled departure time of your flight.
6.2	Check-in Deadlines are different at some airports. We or our Authorised Agents will advise you of the Check-in Deadline for your first flight with us if it is longer than the normal limit specified in Article 6.1. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines by consulting our timetable, or by asking us or our Authorised Agents.
6.3	You must comply with the applicable Check-in Deadline. We have the right to cancel your reservation if you do not comply with the Check-in Deadline or, if no Check-in Deadline has been indicated, you fail to check-in prior to closing of check-in for your flight. See also Article You must be present at the boarding gate not later than the time specified by us at the time you check-in. If you arrive outside the applicable time limit at the boarding gate, you will be refused carriage and your Checked Baggage will be off-loaded from the aircraft. See also Article 5.7.
6.4	We will not be liable to you for any loss or expense whatsoever resulting from your failure to comply fully with this Article 6.
ARTICLE 7 — REFUSAL AND LIMITATION OF CARRIAGE
7.1	OUR RIGHT TO REFUSE CARRIAGE We have the right to refuse to carry you or your Baggage on any flight (even if you hold a valid Ticket and have a boarding pass) if one or more of the events listed in Articles 7.1.1 to 7.1.21 has happened or we reasonably believe might happen, it being understood by you that we have no duty to make any enquiries when determining whether we believe an event might happen. See also Articles 7.2 and 10.5.4 concerning the consequences of being refused carriage and Article 18 concerning any decision we make about the application of Article 7.1 to you.
7.1.1		refusal to carry is necessary in order to comply with any applicable government laws, regulations, orders or governmental policy; or
7.1.2		you commit a criminal offence during check-in or any of the other operations of embarkation on your flight, or disembarkation from a connecting flight, or on board the aircraft before take-off; or
7.1.3		you fail to observe safety or security instructions of, or obstruct or hinder, any ground staff or crew member in the performance of their duties; or
7.1.4		you use threatening, abusive, insulting or indecent words or behave in a threatening, abusive, insulting or indecent manner to any person, including ground staff, members of the crew or other Passengers prior to or during any of the operations of embarkation on your flight, or disembarkation from a connecting flight, or on board the aircraft before take-off; or
7.1.5		carriage of you and/or your Baggage may endanger or adversely and materially affect, or has endangered or adversely and materially affected, the safety, health, or security of the aircraft, other Passengers or members of the crew, or the comfort of other Passengers aboard the aircraft; or
7.1.6		you appear to be incapacitated by alcohol or drugs; or
7.1.7		your mental or physical state, including your impairment from alcohol or drugs, appears to present a hazard or risk to yourself, or to Passengers, or to crew, or to the aircraft, or any person or property in it, or represents a likely or actual source of material annoyance or discomfort to other Passengers aboard the aircraft if you were to proceed to travel in the class in which you are booked or in which you have agreed to travel; or
7.1.8		you refuse to submit to a security check for yourself or your Baggage or, having submitted to such a check, you fail to provide satisfactory answers to security questions at check-in or the boarding gate, or you fail a security profiling assessment/analysis, or you tamper with or remove any security seals on your Baggage or security stickers on your boarding pass; or
7.1.9		you fail to observe our safety, security or passenger comfort instructions concerning, for example, seating, storage of Unchecked Baggage, smoking, consumption of alcohol, use of drugs, dress, or use of electronic equipment (for example, mobile/cellular phones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices); or
7.1.10		you have made, or attempted to make, a bomb hoax, hijack threat or any other security threat; or
7.1.11		you have not paid in full the applicable fare, taxes, fees, applicable charges or exceptional circumstances surcharges for your carriage; or
7.1.12		you appear, in our exclusive opinion, not to meet requisite visa requirements or not to have valid or lawfully acquired travel documents or to have acquired them by fraudulent means or you wish to travel to or enter a country through which you may be in transit for which you do not have valid travel documents or meet the requisite visa requirements, or you destroy your travel documents aboard the aircraft or between check-in and boarding, or you refuse to allow us to copy your travel documents, or you refuse to surrender your travel documents to the flight crew, against receipt, when so requested; or
7.1.13		we have been informed (orally or in writing) by immigration or other authorities of the country to which you are travelling or through which you may intend to transit, or of a country in which you have a Stopover planned, that you will not be permitted entry to such country even if you have valid travel documents; or
7.1.14		you fail, or refuse, to give us information in your possession or available to you which a governmental authority has lawfully asked us to give about you, or it appears to us that any such information you have given is false or misleading; or
7.1.15		you present a Ticket for carriage that appears to have been acquired unlawfully or by fraudulent means (for example, by means of use of a stolen credit or debit card), or appears to be forged or falsified, or altered without requisite authority, or has been purchased from or issued by an entity other than us or our Authorised Agent, or has been reported to us as being mutilated, lost or stolen, or is a counterfeit, or you cannot prove that you are the person named in the Ticket, or you fail to comply with the requirements set forth in Article 3 concerning, for example, use of Flight Coupons in sequence; or
7.1.16		you do not meet the requirements of Article 7.3 in relation to your medical fitness to fly; or
7.1.17		you, (or the person who is legally responsible for you, if you are a child) have failed to comply with the requirements of Article 7.7; or
7.1.18		you, or someone for whom you are responsible who is travelling with you (for example, a child or infant) is not permitted by law, court order or bail conditions to leave the jurisdiction of the place of departure of the aircraft; or
7.1.19		you are, or we reasonably suspect you are, in unlawful possession of drugs; or
7.1.20		you have previously behaved in any of the ways prohibited above and we believe that you may repeat such behaviour, or you have previously been refused carriage by another airline for any reason relating to your behaviour, or you have breached any of the duties imposed on you by Article 11.1 in relation to previous carriage by us; or
7.1.21		we have notified you that we would not at any time after the date of such notice carry you on our flights.
7.2	REIMBURSEMENT OF COSTS If you are refused carriage for any of the reasons set out in Article 7.1, you will reimburse us for any costs we incur resulting from: (a) repair or replacement of property lost, damaged or destroyed by you; (b) compensation we have to pay to any Passenger or crew member affected by your actions; and (c) delaying the aircraft for the purpose of removing you and/or your Baggage. We may apply towards such payment or expenditure the value of any unused carriage on your Ticket, or any of your funds in our possession.
7.3	FITNESS TO FLY
7.3.1		Before boarding the aircraft for carriage you must be reasonably satisfied that you are medically fit to fly. If you have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication) it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight (as the case may be) and that you will be able to produce any written evidence of your fitness to fly required by these Conditions of Carriage. To check if evidence of fitness to fly is required, see Articles 7.3.2 and 7.5, as well as Article 7.3.4 if you are flying to or from the USA.
7.3.2		If doubt exists about your fitness to fly, you may not be accepted for carriage unless you have satisfied one of the three requirements set out in Articles 7.3.2(a) to (c). If, however, you are flying to or from the USA, you may be exempt from part or all of those requirements - see further Article 7.3.4.
7.3.2 (a)		You have produced to us no later than 48 hours before flight a medical report from an appropriately qualified doctor, bearing a date no more than 10 Days before your flight, which confirms your fitness to travel on all flights on which you intend to travel; or
7.3.2 (b)		You have completed and produced to us no later than 48 hours before flight a Medical Information Form (MEDIF - which is most useful where your fitness to fly is in doubt because of a recent illness, disease, treatment or operation) and we have confirmed that we are able to provide you with carriage; or
7.3.2 (c)		You have completed and produced to us no later than 96 hours before flight a Frequent Travellers Medical Card (FREMEC - which is most useful where your fitness to fly is in doubt due to a permanent or chronic illness or disease or you require long term medical treatment) and we have confirmed that we are able to provide you with carriage.
7.3.3		Permission to fly is required from our medical department at least 48 hours before your flight (or such shorter period as we in our absolute discretion may decide) if it appears to us that you may have a disease which meets any of the following criteria, save that where you are flying to or from the USA different rules may apply (see further Article 7.3.4 regarding USA rules):
7.3.3 (a)		which is believed to be actively contagious or communicable and life threatening to other Passengers or crew; or
7.3.3 (b)		which may cause or induce unusual behaviour, or a physical condition, which could have an adverse effect on the welfare and comfort of other Passengers or crew members; or
7.3.3 (c)		which is considered to be a potential hazard to the safety of the flight; or
7.3.3 (d)		which may cause the flight to be diverted or perform an unscheduled stop.
7.3.4		If you are flying to or from the USA, application of local rules may mean that you do not need to comply with all or part of the requirements of Articles 7.3.2 and 7.3.3. If you ask us, we will tell you how the requirements may differ.
7.4	CARRIAGE OF PREGNANT PASSENGERS AND NEWBORN CHILDREN
7.4.1		If you are pregnant we will carry you after your 28th week of gestation only if you produce to us a medical report or letter, signed by an appropriately qualified doctor or midwife, stating your due date, and confirming that your pregnancy is uncomplicated. The report or letter should also advise us of the latest date up to which you are expected to be fit to travel. In addition, you will require prior clearance from our medical department for travel after the 35th week of gestation for flights exceeding 4 hours and after the 36th week of gestation for any flight.
7.4.2		It is your responsibility to check if Article 7.4.1 applies to you. If you fail to comply with its requirements or you provide incorrect information about your week of gestation, and you subsequently require in-flight medical assistance, or your flight is diverted so that you may receive medical assistance, in connection with your pregnancy, you are liable to reimburse us any costs we incur of the type, for example, specified in Article 7.6 in accordance with the requirements of that Article.
7.4.3		Carriage of newly born infants will generally not be permitted until 7 Days after delivery. Please ask us or our Authorised Agent for further information.
7.5	SPECIAL ASSISTANCE
7.5.1		If you require special assistance because you are unable to feed yourself or use the toilet unassisted, or move around or evacuate the aircraft cabin unassisted, or you have special needs requiring special equipment, we will carry you if you have obtained prior clearance from our medical department at the time of ticketing and you comply with all applicable Regulations at all relevant times. If, however, you are flying to or from the USA, you may be exempt from part or all of those requirements - see further Article 7.5.5.
7.5.2		If your special assistance requirements change adversely after receiving clearance pursuant to Article 7.5.1 or 7.5.4, you must seek a new clearance prior to your flight from our medical department or from your doctor (in accordance with Article 7.5.4) and comply with all of our applicable Regulations at all relevant times.
7.5.3		If your special assistance requirements change adversely after receiving clearance pursuant to Article 7.5.1 or 7.5.4, you must seek a new clearance prior to your flight from our medical department or from your doctor (in accordance with Article 7.5.4) and comply with all of our applicable Regulations at all relevant times.
7.5.4		An alternative to obtaining prior clearance from our medical department for the purposes of Articles 7.5.1 and 7.5.3 is provision to us at the time of ticketing of an original certificate signed by your doctor certifying that you are capable of completing your carriage safely without requiring extraordinary medical assistance in flight (for example, assistance necessary to feed yourself, or to use the toilet, or to evacuate the aircraft, or to administer medication or treatment to yourself).
7.5.5		If you are flying to or from the USA, application of local rules may mean that you do not need to comply with all or part of the requirements of this Article 7.5. If you ask us, we will tell you how the requirements may differ.
7.6	PASSENGER REIMBURSEMENT OF MEDICAL EXPENSES If you are taken ill aboard the aircraft due to a condition pre-existing the flight (regardless of whether or not you were aware of it) or due to your pregnancy, you will pay to us the cost of expenses paid by us in treating you aboard an aircraft, transporting you on the ground, or paying for treatment provided by a third party. You will also pay any costs we have incurred in diverting an aircraft to seek medical assistance if you have contravened Articles 7.3, or 7.4 or We may apply towards payment due to us from you the value of any unused carriage on your Ticket or unused credits to your account with us, or any of your funds in our possession.
7.7	CARRIAGE OF UNACCOMPANIED CHILDREN
7.7.1		You will not be accepted for carriage if you are under 5 years of age on the date the flight commences unless you are accompanied by an escort aged 18 years or more. If you are between 5 and 16 years of age, we can arrange for an escort, provided we receive 7 Days or more notice prior to travel and an extra charge is paid.
7.7.2		You will not be accepted for carriage if you are under 5 years of age on the date the flight commences unless you are accompanied by an escort aged 18 years or more. If you are between 5 and 16 years of age, we can arrange for an escort, provided we receive 7 Days or more notice prior to travel and an extra charge is paid.
7.7.2 (a)		you are accompanied at check-in by a parent, guardian or adult responsible for you who remains in the airport with an allocated member of our staff until you have boarded the aircraft and it has taken-off from the airport, and who can prove also to us that you will be met at the destination airport or Stopover airport by another parent, guardian or adult responsible for you (with full details of that person's identity) and into whose custody you can be delivered.
7.7.2 (b)		you have a confirmed reservation for your flight and it is not anticipated by us that the flight will terminate at a place other than its destination or make an unexpected stop at any other place due to weather or other operational conditions; and
7.7.2 (c)		your ticketed carriage does not involve an en route change of airport or a scheduled Stopover exceeding 8 hours in the case of Dubai International Airport or 4 hours in the case of any other airport, unless a parent, guardian or adult responsible for you meets you and takes responsibility for you during the full period of the Stopover(s).
7.8	ON BOARD SERVICES For operational reasons, we do not make any guarantees about the provision/availability of in-flight entertainment equipment and advertised programmes; advertised special meals or any other type of meals; or the availability of advertised in-flight services. We do not guarantee that special meals will always conform to their exact description. This is because they have been prepared by third parties to our order. We do not accept requests for nut free meals and we do not guarantee that the environment aboard our aircraft will be nut or nut produce free.
7.9	GROUND SERVICES We do not make any guarantees about the provision/availability of equipment and services on the ground at airports including, for example, fast track services, airport lounges and the facilities available within those lounges. We do not guarantee that ground services will always conform to their exact description. This is because some services are provided by third parties to our order. See also Article 12 for other provisions concerning services provided by third parties.
ARTICLE 8 — BAGGAGE
8.1	FREE BAGGAGE ALLOWANCE You may carry some Baggage free of extra charge. The amount of your free Baggage allowance and restrictions on size are shown in your Ticket or e-Ticket Receipt/Itinerary and are dependent also on our Regulations in force on the date of your flight. For more information or a copy of our Regulations, please ask us or our Authorised Agents.
8.2	EXCESS BAGGAGE You will have to pay an extra charge for carriage of Baggage in excess of your free Baggage allowance. You will also have to pay an extra charge for carriage of any container with an animal inside unless the animal is a service animal. For details of the rates applicable to carriage of excess Baggage, please ask us or our Authorised Agents.
8.3	ITEMS YOU MUST NOT CARRY IN YOUR BAGGAGE
8.3.1		There are certain items which you must not include in your Baggage. Set out below are prohibitions applicable to Checked and Unchecked Baggage, as well as separate and extra prohibitions applicable to Checked Baggage only and to Unchecked Baggage only. If you fail to comply with any of the applicable rules you and/or your Baggage may be refused carriage (see also Article 8.5.1). In addition, you may not be entitled to claim compensation if any prohibited item wrongfully included in Baggage sustains Damage or causes Damage to your Baggage (see Article 15.5).
8.3.2		You must not include any of the following items in your Unchecked Baggage or your Checked Baggage:
8.3.2 (a)		Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations, and in our related Regulations. If you are not familiar with those rules and regulations, please ask us or our Authorised Agents for details;
8.3.2 (b)		Items which are prohibited from being carried by applicable laws, regulations, orders or governmental policy of any state to be flown from or to;
8.3.2 (c)		Items which are reasonably considered by us to be unsuitable for carriage because they are dangerous or unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, for example, the type of aircraft being used. Please ask us about any concerns you may have about the suitability of your Baggage before you arrive at the airport;
8.3.2 (d)		Items attracting any form of duty if you are travelling as an unaccompanied child under the age of 16; or
8.3.2 (e)		War material. Please ask us if you have any doubt about whether any item constitutes war material.
8.3.3		You must not include in Checked Baggage fragile or perishable items, valuable items (including, for example, money, jewellery, precious metals), computers, personal electronic devices, stored data, any medication or medical equipment which may be required in-flight or during your trip or which cannot be quickly replaced if lost or damaged, house or car keys, valuable documents (including, for example, business documents, passports and other identification documents, negotiable papers, securities deeds) or samples.
8.3.4		You must not include in your Unchecked Baggage:
8.3.4 (a)		Real, replica or toy weapons, arms and ammunition, explosives or anything containing explosives (for example, Christmas crackers, fireworks or fire crackers) and incendiary materials; knives of any kind/type/shape or size; letter openers; metal cutlery; catapults; slingshots, razor blades and straight razor blades (excluding safety razors and accompanying cartridge blades); tradesmen's tools; darts; scissors; nail files; hypodermic needles and syringes (unless required for medical reasons and accompanied by a medical certificate confirming the medical condition necessitating carriage); knitting needles; corkscrews; sporting bats and clubs (including, for example, baseball and softball bats, golf clubs, cricket bats but excluding tennis, badminton and squash racquets); hard sporting balls (including, for example, cricket, field, hockey or billiard, snooker or pool balls); billiard, snooker or pool cues; martial arts devices.
8.3.4 (b)		Any article which in our opinion, or the opinion of airport security personnel, might be used as, or adapted for use as, a weapon with the potential to cause injury or incapacitation or to represent any other security or safety threat.
8.3.5		If an item of Unchecked Baggage becomes Checked Baggage (whether at your request or because we require it), you must immediately remove from it all items which are prohibited from inclusion in Checked Baggage by Article 8.3. If you ask us, we will endeavour to supply you with a carrier bag if you do not have another bag of your own. You may carry such items as Unchecked Baggage, but only if you comply with our requirements regarding contents and size and weight of Unchecked Baggage specified in Article 8.8.
8.3.6		We are not responsible for any item removed from your Checked Baggage or Unchecked Baggage and retained by airport security personnel. It is your responsibility to check the security requirements applicable to your flight and departure airport prior to travel and, if personal items are removed from your Baggage by airport security personnel, it is your responsibility to ensure that you obtain a receipt from the airport security personnel and make arrangements for collection of such items .
8.4	FIREARMS AND DANGEROUS ITEMS
8.4.1		If you wish to carry Firearms, ammunition and explosives including items containing explosives (for example, Christmas crackers, fireworks or fire crackers) as Checked Baggage it is your responsibility to inform yourself of, and ensure that you have obtained, all required clearances from the government authorities of the country of departure and the country of destination before commencing your carriage.
8.4.2		Firearms, ammunition and explosives including items containing explosives (for example, Christmas crackers, fireworks or fire crackers) will not be accepted as Checked Baggage, unless approved by us no less than 3 Days before your flight. If accepted for carriage, firearms must be unloaded with the safety catch on, and suitably packed and accompanied by all documents legally required by the countries of departure, destination and any Stopovers. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 8.3.2(a). Your firearms, ammunitions and explosives will never be carried in the cabin or cockpit of the aircraft.
8.4.3		Weapons such as, for example, antique firearms, swords, knives, toy or replica guns, bows and arrows and similar items may be accepted as Checked Baggage only at our discretion, subject to prior approval by us, but will not be permitted in the cabin or cockpit of the aircraft.
8.4.4		We will have no liability or responsibility where any item accepted under Articles 8.4.2 and/or 8.4.3 is removed from your Checked Baggage and/or retained or destroyed by security personnel, government officials, airport officials, police or military officials or other airlines involved in your carriage.
8.5	RIGHT TO REFUSE CARRIAGE For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in 8.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 8.3.2 or 8.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or scan causes Damage to you, or an x-ray or scan causes Damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.
8.5.1		We will refuse to carry Baggage which contains any of the items described in Article
8.5.2		(and Article 8.3.4 in the case of Unchecked Baggage only), regardless of whether and when we are told, or discover, the presence of any such items. See also Article 8.3.1.
8.5.3		We will refuse to accept Baggage for carriage if we decide that it is unsuitable for carriage, whether because of its size, shape, appearance, weight, content, character, or for safety or operational reasons, or for the comfort of other Passengers. If you have any doubt about particular items, please ask for guidance from us or our Authorised Agents.
8.5.4		We may refuse to accept Baggage for carriage if we decide that it is not properly and securely packed in suitable containers. If you ask us, we will give you information about packing and containers acceptable to us.
8.6	RIGHT OF SEARCH, SCREEN AND X-RAY
8.6.1		For reasons of safety, health and security, and to check that you are not carrying in your Baggage any items prohibited by these Conditions of Carriage, we may search, screen and x-ray your Baggage. We will try to search your Baggage while you are present, but if you are not readily available we may search it in your absence. If you do not let us conduct all such searches, scans and x-rays, we will refuse to carry you and your Baggage.
8.6.2		You must allow security checks of your Baggage by government officials, airport officials, police or military officials and other airlines involved in your carriage.
8.6.3		If a search, screen or x-ray causes Damage to your Baggage, we will not be liable for the Damage unless it was caused solely by our negligence.
8.6.4		If a search, screen or x-ray causes Damage to your Baggage, we will not be liable for the Damage unless it was caused solely by our negligence.
8.7	CHECKED BAGGAGE
8.7.1		You must fasten a tag, or secure a sticker, containing your name, full address and a telephone number at which we can contact you, to and again inside each item of Checked Baggage.
8.7.2		When you check-in Checked Baggage, we will give you a Baggage Identification Tag for each piece of your Checked Baggage.
8.7.3		Checked Baggage will normally be carried on the same aircraft as you, but it may be necessary sometimes for it to be carried on another aircraft (for example, for safety, health, security, operational reasons, or due to the size or weight of the Checked Baggage, or non compliance with relevant parts of these Conditions of Carriage). If we carry your Checked Baggage on another flight, we will deliver it to the address you have provided, unless the law at the place of collection requires you to be present at the airport of arrival for customs clearance or the reason for carriage on another aircraft related to the size or weight of the Checked Baggage or non-compliance with relevant parts of these Conditions of Carriage.
8.7.4		Unless we decide that your Checked Baggage will not be carried on the same flight as you, we will not carry your Checked Baggage if you fail to board the aircraft on which it is loaded or, having boarded, you leave the aircraft before take-off or at a point of transit, without re-boarding.
8.7.5		We will only carry your excess Baggage on the same flight as you if there is suitable space available on the aircraft and you have paid the applicable extra charge for carriage of Baggage in excess of your free Baggage allowance.
8.7.6		You must ensure that your Checked Baggage is sufficiently robust and well secured to withstand the usual and normal rigours of carriage by air without sustaining damage (except for fair wear and tear).
8.8	UNCHECKED BAGGAGE
8.8.1		We specify maximum dimensions and/or weight for Unchecked Baggage which you carry on to the aircraft. Please ask us for details. All Unchecked Baggage must be small enough to fit under the seat in front of you or inside the overhead storage compartments in the cabin of the aircraft. If your Unchecked Baggage is too big to be stored in this way, or is of excessive weight or considered unsafe for any reason, you must check it in for carriage as Checked Baggage and pay any excess Baggage charges which may be due under Article 8.2 if your free Baggage allowance has already been used up by other Checked Baggage.
8.8.2		If you have a highly valuable item, a musical instrument or diplomatic bag which you wish to carry with us as Unchecked Baggage but it exceeds our size or weight limitations for Unchecked Baggage, you must purchase one or more additional seats (subject to availability) in the same class of travel as you for the purpose of storing such permitted item next to you during your flight. We will not carry as Unchecked Baggage any other type of item which exceeds our size or weight limitations for Unchecked Baggage.
8.9	COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.9.1		Unless Article 8.7.3 requires us to deliver your Checked Baggage to you, you must collect your Checked Baggage as soon as it is made available at your destination or Stopover. If you do not collect it within a reasonable time, we may charge you a storage fee. If your Checked Baggage remains unclaimed for 3 months after it is made available at your destination or Stopover, we may dispose of it and retain for our benefit any proceeds of the disposal without notice or liability to you.
8.9.2		Only the person holding the Baggage Check and the Baggage Identification Tag can claim a piece of Checked Baggage. We accept no responsibility for checking the identity or authority of the person holding the Baggage Check and Baggage Identification Tag or for checking that he/she has any right to collection.
8.9.3		If the person claiming a piece of Checked Baggage cannot produce the required Baggage Check and Baggage Identification Tag, that person must prove that the Baggage is his or hers before we will allow collection. We accept no responsibility for making anything other than limited enquiries of the person claiming the Baggage when assessing the right to collection.
8.10	ANIMALS We will not accept an animal for carriage unless you have applied for, and obtained, our prior approval and you meet all of the following conditions and our applicable Regulations:
8.10.1		The animal must be properly crated (with necessary supplies of food and water) by you in a suitable container for carriage in the cargo hold of an aircraft in accordance with all applicable legal requirements.
8.10.2		The animal must be properly crated (with necessary supplies of food and water) by you in a suitable container for carriage in the cargo hold of an aircraft in accordance with all applicable legal requirements.
8.10.3		You have paid the charges applicable to containers with animals inside, unless the animal is a service animal.
8.10.4		Unless carriage of your animal is covered by the liability rules of the Warsaw Convention or the Montreal Convention, we will not be responsible for its loss, injury, sickness or death unless caused solely by our negligence.
8.10.5		If an animal is carried by us without being accompanied by all the certificates and permits required by Article 8.10.2, we will have no liability to you for any loss you may suffer and you will pay or reimburse us (on request) for any fines, costs, losses or liabilities imposed on or incurred by us as a result of the absence of one or more required certificates or permits.
ARTICLE 9 — SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS, DENIED BOARDING
9.1	SCHEDULES
9.1.1		The flight times and flight durations shown in our timetables may change between the date of publication (or issue) and the date you actually travel. We do not guarantee flight times and flight durations to you and they do not form part of your contract of carriage with us.
9.1.2		Before we accept your booking, we or our Authorised Agent will tell you about the departure time of your flight and it will be shown on your Ticket or e-Ticket Receipt/Itinerary. We may need to change the departure time of your flight time and/or the departure or destination airport after your Ticket or e-Ticket Receipt/Itinerary has been issued. It is your responsibility to give us or our Authorised Agent contact information so that we or that Authorised Agent can try to notify you of any such change. If the change is not acceptable to you, and we are unable to reserve space for you in your ticketed class of service on an alternate flight which is acceptable to you, you will be entitled to an involuntary refund in accordance with Article 10.2. Apart from this, we will have no liability to you for any loss or expense whatsoever.
9.2	REMEDIES FOR CANCELLATION, REROUTING AND DELAYS
9.2.1		Sometimes delays in departure times and the time taken for an aircraft to fly to a destination occur because of circumstances beyond our control (for example, bad weather or air traffic control delays or strikes). We will take all reasonable measures necessary to avoid delay in carrying you and your Baggage. These measures may include using an alternative aircraft or arranging for a flight to be operated for us by an alternative airline, or both.
9.2.2		You will be entitled to choose one of the following three available remedies if we cancel a flight; fail to operate a flight reasonably according to the schedule; fail to stop at your destination or Stopover destination; or cause you to miss a connecting flight with us or with another airline for which you hold a through booking/confirmed reservation and adequate time existed to make the connection after the scheduled time of arrival of your flight. The three available remedies for you to choose from are available without extra charge and are set out in Articles 9.2.2(a) to (c) below. See also Article 9.2.3 for limitations on your rights and our liability.
9.2.2 (a)			Remedy One - we will carry you and your Baggage as soon as we can on another of our flights on which space is available and, where necessary, extend the period of validity of your Ticket to cover that carriage.
9.2.2(b)			Remedy Two -we will re-route you and your Baggage within a reasonable period of time to the destination shown on your Ticket on another of our flights or on the flight of another airline, or by other mutually agreed means and class of carriage. We will also refund you any difference between the fare, taxes, fees, charges and surcharges paid for your carriage and any lower fare, taxes, fees, charges and surcharges applicable to your revised carriage.
9.2.2.3 (c)			Remedy Three - we will give you an involuntary refund in accordance with Article 10.2.
9.2.3		The three remedies in Articles 9.2.2(a) to 9.2.2(c) do not affect any rights you may have under Article 15.6. Those remedies and rights represent the sole and exclusive remedies and rights available to you if your carriage is affected by one of the events listed in Article 9.2.2.
9.3	DENIED BOARDING
9.3.1		If we cannot carry you in your ticketed class of service on a flight for which you have a confirmed reservation and have met all applicable check-in and boarding deadlines, we will carry you on one of our later flights in your ticketed class of service, or, if you choose, we will carry you on another of our flights in a different class of service and will refund you the difference between the applicable fare, taxes, fees, charges and surcharges paid for your ticketed class of service and, if lower, the fare, taxes, fees, charges and surcharges applicable to the class of service in which you are actually carried. Alternatively, you may choose to receive an involuntary refund in accordance with Article 10.2. This Article 9.3.1 will not apply if we refuse to carry you for reasons permitted by these Conditions of Carriage (see, for example, Articles 6.4, 7, 8.6.1, 11.4.2, 11.4.3, 13.1.6 and 13.6).
9.3.2		If Article 9.3.1 applies to you, we will pay to you any compensation due to you under applicable law and our denied boarding compensation policy.
9.3.3		Apart from your rights under this Article 9.3, we will have no liability to you for any loss or expense whatsoever. Please ask about our denied boarding compensation policy.
ARTICLE 10 — REFUNDS
10.1	We will refund the fare paid for your Ticket, or any unused part of it, together with applicable taxes, fees, charges and exceptional circumstances surcharges in accordance with our fare rules and Tariffs and the following additional rules:
10.1.1		Unless we say otherwise, we will make a refund only to the person who has paid for the Ticket, provided we are given proof of identification and payment.
10.1.2		Unless the claim for a refund concerns a lost Ticket, we will pay a refund only if you give us your Ticket and all unused Flight Coupons and the Passenger Coupon. This requirement will not apply where your Ticket is an Electronic Ticket.
10.2	INVOLUNTARY REFUNDS
10.2.1		Fare refunds will be calculated according to Articles 10.2.1(a) and 10.2.1(b) if we cancel a flight, fail to operate a flight reasonably according to schedule, or fail to carry you on a flight for which you have a confirmed reservation and have met the applicable Check-in Deadline and boarding deadline and you have not been refused carriage for reasons permitted by these Conditions of Carriage. The same method of calculation will apply if we fail to stop at your destination or Stopover, or cause you to miss a connecting flight in circumstances where you hold a confirmed reservation and adequate time existed to make the connection between the originally scheduled time of arrival of your flight and the departure time of the connecting flight. In all of those situations, the refund will be:
10.2.1.1 (a)			an amount equal to the fare paid (including taxes, fees, charges and exceptional circumstances surcharges paid) if no portion of the Ticket has been used; or
10.2.1.1 (b)			if a portion of the Ticket has been used, an amount equal to the difference between the fare paid (including taxes, fees, charges and exceptional circumstances surcharges paid) and the correct fare (including taxes, fees, charges and exceptional circumstances surcharges) for travel between the points for which you have used your Ticket.
10.2.2		We will pay a refund according to Article 10.2.1(b) if we refuse you carriage for any of the reasons set out in Article 7.1, except that you will not be entitled to any refund for the flight for which you were refused carriage. Apart from this, we will have no liability to you for any loss or expense whatsoever. Also see Article 7.2 which permits us to use the value of any unused carriage on your Ticket to reimburse costs payable by you.
10.2.3		We will pay a refund according to Article 10.2.1(b) if we terminate your carriage for any of the reasons set out in Article 11.4 (unacceptable behaviour aboard aircraft) before it is completed, except that you will not be entitled to any refund for the flight during which the unacceptable behaviour occurred. Apart from this, we will have no liability to you for any loss or expense whatsoever. See also Article 11.4.4, which permits us to use the value of any unused carriage on your Ticket to pay sums due to us from you.
10.3	VOLUNTARY REFUNDS
10.3.1		If a refund of the fare for your Ticket is due for reasons other than those set out in Article 10.2, the refund will be:
10.3.1(a)			an amount equal to the fare paid (including taxes, fees, charges and exceptional circumstances surcharges paid) less any applicable cancellation fees if no portion of the Ticket has been used, less also any applicable administration fee(s), if your Ticket is subject to restrictions; or
10.3.1 (b)			if a portion of the Ticket has been used, an amount equal to the difference between the fare paid (including taxes, fees, charges and exceptional circumstances surcharges paid) and the correct fare (including taxes, fees, charges and exceptional circumstances surcharges) for travel between the points for which the Ticket has been used, less any applicable cancellation fees, less also any applicable administration fee(s), if your Ticket is subject to restrictions.
10.4	REFUND ON LOST TICKET
10.4.1		If you lose your Ticket or part of it and subsequently provide us with satisfactory proof of that loss and pay any applicable administration fee(s), we will pay a refund as soon as possible after the validity period of the Ticket expires or 6 months, whichever is the later. We will only do this if:
10.4.1 (a)			the lost Ticket, or part of it, has not been used, previously refunded or replaced, unless the use, refund or replacement by or to someone else resulted from our own negligence; and
10.4.1 (b)			the person to whom the refund is made agrees (by signing an agreement with us) to repay to us the amount of the refund and reimburse us our legal costs and expenses of locating and notifying you and enforcing the agreement, if we discover later fraud or use of the lost Ticket (or part of it) by you or someone else. This will not apply if any fraud or use by someone else resulted from our negligence.
10.5	RIGHT TO REFUSE REFUND
10.5.1		We will not give a refund if application for the refund is made more than 2 years from the date of issue of the original Ticket.
10.5.2		We will not give a refund on a Ticket if, when you arrived in a country, you presented the Ticket to us or to government officials as evidence of your future intention to depart from that country, unless you can prove to us that you have permission to remain in the country or that you will leave the country on another airline or by another means of transport.
10.5.3		We will not give a refund on a Ticket if it has been stamped by a governmental organisation as “Not to be Refunded” or if the Ticket is a replacement for a lost or mutilated Ticket which was stamped as “Not to be Refunded” by a governmental organisation, unless you prove to us that you have permission of that governmental organisation to receive a refund.
10.5.4		We will not give a refund on a Ticket for any flight on which you have been refused carriage (for any of the reasons set out in Article 7.1) or from which you have been removed (for any of the reasons set out in Articles 11.1 to 11.3).
10.6	CURRENCY We will pay refunds in the same form and currency that was used to pay for your Ticket.
10.7	BY WHOM TICKET REFUNDABLE We will pay a voluntary refund on a Ticket only if we or our Authorised Agents issued the Ticket.
10.8	LIMITATION OF YOUR RIGHTS Unless we state otherwise in these Conditions of Carriage, the refund rights set out in this Article 10 represent your only rights against us if your carriage does not take place for any reason whatsoever. This means that we will have no other liability to you for any loss or expense whatsoever.
ARTICLE 11 — CONDUCT ABOARD AIRCRAFT
11.1	GENERAL At all times during your carriage, you have a duty to behave in a manner which is not likely to:
11.1.1		contravene the laws of any state which has jurisdiction over the aircraft;
11.1.2		endanger, or threaten (whether by hoax threats or otherwise) the aircraft or any person or property;
11.1.3		injure or prejudice the health of other persons aboard the aircraft or create the risk or threat of injury or damage to health;
11.1.4		cause distress to, or be complained of as materially objectionable to, other persons aboard the aircraft, such conduct includes, for example, harassment, molestation, sexual assault or abuse;
11.1.5		cause, or be likely to cause, loss of or damage to our property or that of other persons aboard the aircraft;
11.1.6		obstruct, hinder or interfere with the crew in the performance of their duties;
11.1.7		contravene any instruction or direction of the crew or the airline (whether oral or by notice) lawfully issued for the purpose of the safety or security of the aircraft and of persons or property and/or the comfort or convenience of Passengers, including, instructions concerning safety, security, seating, seat belts, smoking, consumption of alcohol or use of drugs, use of electronic equipment including, but not limited to, cellular telephones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices (for example, radio controlled toys and walkie talkies). See also Article 18 concerning decisions we make about the application of Article 11.1 to you.
11.2	ON BOARD ALCOHOL You are not allowed to consume alcohol aboard an aircraft (whether purchased as duty free from us or someone else or otherwise obtained) 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 alcohol which has been served.
11.3	SMOKING POLICY Smoking is not permitted on any of our flights.
11.4	BREACH OF DUTY If we reasonably believe that you have failed to fully observe all of the duties placed on you by Articles 11.1 to 11.3:
11.4.1		we may report the matter to any relevant police or other enforcement authority; and 11.4.2 we may take such measures as we consider necessary to prevent the continuation or repetition of the offending conduct including, for example, physical restraint and/or removal of you from the aircraft and/or refusal to carry you after a Stopover (whether made for the purpose of removing you from the aircraft or otherwise); and
11.4.2		we may decide to refuse to carry you at any time in the future; and
11.4.3		you will reimburse us for any costs we incur in order to: (a) repair or replace property lost, damaged or destroyed by you; (b) compensate any Passenger or crew member affected by your actions; and (c) divert the aircraft for the purpose of removing you from the aircraft. We may use the value of any unused carriage on your Ticket or any of your funds in our possession to pay sums due to us from you.
ARTICLE 12 — SERVICES PROVIDED BY THIRD PARTIES
12.1	If we arrange for another company to provide you with surface carriage or other services (for example, a limousine, ground transfer, hotel reservation or accommodation or car rental) or if we issue you with a ticket or voucher relating to any such surface carriage or other services, we are acting only as your agent in making those arrangements or issuing the ticket or voucher. The terms and conditions of the company providing those services will apply to you.
12.2	We will have no liability to you regarding any surface carriage or other services we arrange for you which are to be provided by another company unless caused solely by our negligence. See Articles 7.8 and 7.9 for other provisions concerning services provided by third parties.
ARTICLE 13 — TRAVEL DOCUMENTS, CUSTOMS AND SECURITY INSPECTIONS
13.1.	GENERAL
13.1.1		You are responsible for obtaining and holding all of the travel documents you need for any country you are visiting (even as a transit Passenger).
13.1.2		You must obey all laws, regulations, orders, and other requirements of all countries you will exit, enter, or through which you will transit during your journey.
13.1.3		For details of required travel documents, we advise you to contact the embassy, consulate or other relevant body of all relevant countries prior to making your booking and at the time of making your booking. If you are not travelling immediately, we advise you to contact the same bodies again before you commence travel to ensure that the requirements which are applicable to you have not changed and that your travel documents remain valid for all flights, destinations and planned Stopovers.
13.1.4		If requested, you must present to us all passports, visas, health certificates and other travel documents needed for your journey, permit us to take photocopies of those documents or deposit those documents with a member of our flight crew aboard your aircraft for safe keeping during a flight against issue to you of a receipt. We have the right to require you to present to us any of these documents at any time before or during your carriage.
13.1.5		We will not be liable to you if you do not have all passports, visas, health certificates and other travel documents needed for your journey or if any of those documents are out of date or if you have not obeyed all laws, regulations, orders, and other requirements of all countries you will exit, enter, or through which you will transit during your journey.
13.1.6		We will not accept you or your Baggage for carriage if your visas or travel documents do not appear to be in order or if you have not complied with the other requirements of this Article
13.1.6		We have the right to refuse carriage in this way even if you have started or completed part of your carriage before it becomes clear to us (whether as a result of operation of Article
13.1.6		or otherwise) that you have not complied with Article 13.1.
13.2	REFUSAL OF ENTRY If you are refused entry to a country (including a country you transit through while en route to your destination), you must reimburse us in full on request any fine, penalty or charge assessed against us by the government concerned (including detention costs) as well as the fare for transporting you, and an escort if required, from that country. We will not refund to you the fare paid for carriage to the airport where you were refused entry.
13.3	PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS AND OTHER CHARGES You must reimburse us in full on request the amount of any fine, penalty, detention costs, deportation or removal expenses, escorting charges (if any), cost of ticket(s) issued for you, or any other expenditure we incur because you have failed to comply with any laws, regulations, orders or other travel requirements of the country you have travelled to or because you have failed to produce the required travel documents on seeking entry to a country or you have been refused admission into the country. We may use the value of any unused carriage on your Ticket or any of your funds in our possession to pay sums due to us from you.
13.4	RETURN OF CONFISCATED TRAVEL DOCUMENTS We will not be liable to you for the return of any of your travel documents, identification documents or Tickets confiscated by a governmental or other authority.
13.5	CUSTOMS INSPECTION If required, you will attend inspection of your Baggage by customs or other government officials. We will not be liable to you for Damage suffered by you in the course of such inspection or as a result of your failure to attend.
13.6	SECURITY INSPECTION You must allow security checks, searches and scans of your person by us, our handling agents, government officials, airport officials, police or military officials and other airlines involved in your carriage. If you do not allow all such security checks, searches and scans to be conducted, we will refuse to carry you and your Baggage. See also Article 8.6 for security checks on your Baggage.
ARTICLE 14 — SUCCESSIVE AIRLINES Where your carriage is to be performed by us and other airlines in succession under one Ticket, or a Conjunction Ticket, it is likely to be regarded as a single operation for the purposes of the Warsaw Convention and the Montreal Convention. See Article 15.2 for limitations of our liability for such carriage.
ARTICLE 15 — LIABILITY FOR DAMAGE
15.1	APPLICABLE RULES Our liability will be determined by applicable law and these Conditions of Carriage. Where other airlines are involved in your journey, their liability will be governed by applicable law and, unless these Conditions of Carriage state otherwise, their conditions of carriage. Applicable law may comprise the Warsaw Convention or the Montreal Convention and/or laws which apply in individual countries. The Warsaw Convention and the Montreal Convention apply to international carriage as defined in those Conventions. Provisions concerning our liability are set out in Articles 15.2 to 15.6.
15.2	SCOPE OF LIABILITY We will be liable only for Damage occurring during carriage performed by us, or in relation to which we have a legal liability to you. Where we issue a Ticket for carriage by another airline, or we check-in your Baggage for carriage by another airline, we do so only as agent for that airline.
15.3	GENERAL LIMITATIONS
15.3.1		Wherever the Warsaw Convention or the Montreal Convention applies to your carriage, our liability will be subject to the rules and limitations of the applicable Convention.
15.3.2		We will be wholly or partly exonerated from liability to you for Damage if we prove that the Damage was caused or contributed to by your negligence or other wrongful act or omission.
15.3.3		We may be wholly or partly exonerated from liability to you for Damage if we prove that the Damage did not result from our negligence, or that it resulted from the negligence of a third party, or that we took certain measures to avoid the Damage or that it was impossible to take such measures.
15.3.4		We will not be liable for any Damage arising from our compliance with applicable local law or government rules and regulations, or from your failure to comply with the same, except as may be provided by the Warsaw Convention or the Montreal Convention.
15.3.5		Except where we state otherwise in these Conditions of Carriage, we will be liable to you only for compensatory damages you are entitled to recover for proven losses and costs under the Warsaw Convention or the Montreal Convention or local laws which may apply.
15.3.6		Your contract of carriage with us (including these Conditions of Carriage and all applicable exclusions and limits of liability) applies for the benefit of our Authorised Agents, servants, employees and representatives to the same extent as they apply to us. As a result, the total amount recoverable from us and our Authorised Agents, servants, employees and representatives will not be more than our own liability, if any.
15.3.7		Nothing in these Conditions of Carriage:
15.3.7 (a)		gives up or waives any exclusion or limitation of our liability available under the Warsaw Convention, or the Montreal Convention or applicable local law unless otherwise expressly stated in writing by us; or
15.3.7 (b)		prevents us from excluding or limiting our liability under the Warsaw Convention, or the Montreal Convention, as applicable, or under any other laws which apply, or gives up any defence available to us thereunder against any public social security body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.
15.4	DEATH OR INJURY OF PASSENGERS Our liability for damage sustained by you, in the event of death, wounding or other bodily injury caused by an accident is subject to the rules and limitations of applicable law as well as the following supplementary rules:
15.4.1		Our liability for proven damages will not be subject to any financial limit, be it defined by law, the Warsaw Convention or otherwise;
15.4.2		For any proven damages up to the National Currency Equivalent of 100,000 SDRs (or, where the Montreal Convention is applicable, the National Currency Equivalent of 113,100 SDRs), any defence based on proof that we and our agents have taken all necessary measures to avoid the damage, or that it was impossible for such measures to have been taken, will not apply to us;
15.4.3		We agree to make advance payments to you or your heirs subject to the following terms and conditions:
15.4.3 (a)		the person receiving payment is a natural person (that is to say, a person in the ordinary sense of the word as opposed to artificial persons or corporations);
15.4.3 (b)		you are, or the person receiving payment is, entitled to compensation under applicable laws;
15.4.3 (c)		payments will be made only in respect of immediate economic needs;
15.4.3 (d)		the amount of a payment will be proportional to the economic hardship being suffered as a result of the death, wounding or bodily injury, save that, in the case of death, it will not be less than the National Currency Equivalent of 15,000 SDRs per Passenger;
15.4.3 (e)		payment will not be made later than 15 Days after the identity of the person entitled to compensation has been established under applicable laws;
15.4.3 (f)		no person will be entitled to receive a payment if he or she or the Passenger to whom the payment relates, caused or contributed to the Damage to which the payment relates by his or her negligence;
15.4.3 (g)		all payments will be made subject to the condition that they will be returned to us on proof that the recipient has not complied with or satisfied Article 15.4.3(b) or he or she or the Passenger to whom the payment relates, caused or contributed to the Damage to which the payment relates;
15.4.3 (h)		payments will be off-set against any subsequent sums payable in respect of our liability under applicable laws;
15.4.3 (i)		except for payment of the minimum sum specified in Article 15.4.3(d) in respect of death, a payment will not exceed the maximum damages for which we may be liable to pay the recipient;
15.4.3 (j)		the making of a payment will not constitute recognition or admission of liability by us;
15.4.3 (k)		no payment will be made unless the person receiving payment gives us a signed receipt which also acknowledges the applicability of Articles 15.4.3(g), (h) and (j); and
15.4.3 (l)		save to the extent in conflict with any applicable law, and subject to payment of the minimum sum specified in Article 15.4.3(d) in the case of death, our decision in relation to the payment amount will be final.
15.5	BAGGAGE
15.5.1		We will not be liable for Damage to Unchecked Baggage unless we caused the Damage by our negligence.
15.5.2		We will not be liable for Damage to Baggage resulting from the inherent defect, quality or vice of the Baggage (for example, destruction of, or damage caused by or to, fragile, perishable and other items which you are prohibited from including in your Baggage by Articles
15.5.3		Our liability for Damage to Baggage is limited to the maximum amounts stated in Articles
15.5.4		to (e) unless you prove that the Damage resulted from our act or omission either done with the intention of causing Damage or recklessly and with knowledge that Damage would probably result. You may wish to make a special declaration of value (see Article 15.5.5) or buy yourself insurance to cover instances where the actual value or replacement cost of your Checked Baggage or Unchecked Baggage exceeds our liability.
15.5.4 (a)		The National Currency Equivalent of 332 SDRs (approximately US$400) per Passenger applies to Damage to Unchecked Baggage where the Warsaw Convention applies to your carriage;
15.5.4 (b)		The National Currency Equivalent of 17 SDRs (approximately US$20) per kilogram, or any higher sum agreed by us pursuant to Article 15.5.5, applies to Damage to Checked Baggage where the Warsaw Convention applies to your carriage;
15.5.4 (c)		The National Currency Equivalent of 1,131 SDRs (approximately US$1780) per Passenger, or any higher sum agreed by us pursuant to Article 15.5.5, applies to Damage to both Unchecked and Checked Baggage where the Montreal Convention applies to your carriage;
15.5.4 (d)		The limit of liability for Damage to both Unchecked and Checked Baggage laid down by local law applies to your Baggage where local law applies to your carriage instead of the Warsaw Convention or the Montreal Convention.
15.5.4 (e)		The limits of liability for Damage to both Unchecked and Checked Baggage specified in Articles 15.5.4(a) and (b) apply to Damage to Unchecked Baggage and Checked Baggage respectively where neither the Warsaw Convention nor the Montreal Convention applies to your carriage and no limit of our liability is laid down by applicable local law.
15.5.5		We will increase our liability to you for Damage to Checked Baggage to an amount specified by you and agreed by us at the time you hand your Checked Baggage to us at check-in, but only if you pay to us an additional charge calculated in accordance with our Regulations. This is known as a “special declaration of value”. Please ask us for details of the applicable charges if you want to use this option.
15.5.6		If the weight of your Checked Baggage is not recorded on the Baggage Check, we will presume that it is not more than the free baggage allowance for the class of carriage for which you were booked.
15.5.7		Where carriage of your Baggage is performed by successive airlines and either the Warsaw Convention or the Montreal Convention applies to that carriage, you are entitled to make a claim against us if we are the first or last airline in that carriage, even if the Damage to the Baggage did not occur during carriage by us.
15.6	DELAY IN THE CARRIAGE OF PASSENGERS Our liability for Damage caused by delay in your carriage by air is limited by the Warsaw Convention and the Montreal Convention. In the case of carriage governed by the Montreal Convention, our liability will be limited to the National Currency Equivalent of 4,694 SDRs. Where neither of those Conventions applies, we will have no liability to you for delay, except as provided in these Conditions of Carriage.
15.7	ADVICE TO INTERNATIONAL PASSENGERS ON LIMITATION OF LIABILITY Where your journey involves an ultimate destination or stop in a country other than the country of origin, you are advised that the Warsaw Convention or the Montreal Convention may be applicable to your entire journey, including any section entirely within the country of origin or destination. Where the Montreal Convention is applicable, the airline is liable for proven damages for death or personal injury, and certain defences to liability specified by that Convention will be inapplicable for damages not exceeding the National Currency Equivalent of 113,100 SDRs. Where the Montreal Convention is not applicable, the conditions of carriage of many airlines (including Emirates, as specified in Article 15.4 above) provide that the liability for death or bodily injury will not be subject to any financial limit defined by the Warsaw Convention and that, in respect of such damage up to a maximum of the National Currency Equivalent of 100,000 SDRs, any defence to liability based on proof that they have taken all necessary measures will not apply. Where no such provisions are included in the airline's conditions of carriage, please note that; (i) for such Passengers on a journey to, from or with an agreed stopping place in the USA, the Warsaw Convention and special contracts of carriage embodied in applicable Tariffs provide that the liability of certain airlines, parties to such special contracts, for death of or personal injury to Passengers is limited in most cases to proven damages not to exceed US$75,000 per Passenger, and that this liability up to such limit will not depend on negligence on the part of the airline; and (ii) for such Passengers travelling by an airline not a party to such special contracts or on a journey to which the Warsaw Convention applies which is not to, from or having an agreed stopping place in the USA, the liability of the airline for death or personal injury to Passengers is limited in most cases to US$10,000 or US$20,000; and (iii) some countries impose higher limits than those stated in (i) and (ii). The names of airlines or parties to such special contracts of the type mentioned in (i) above, are available at all ticket offices of such airlines and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the airline's liability under the Warsaw Convention or the Montreal Convention or such special contracts of carriage of the type mentioned in (i) above. For further information, please consult your airline or insurance company representatives. Note: The limit of liability of US$75,000 specified in (i) above of this Article 15.7 is inclusive of legal fees and costs except that, in case of a claim brought in a state where a provision is made for separate award of legal fees and costs, the limit will be the sum of US$58,000 exclusive of legal fees and costs.
ARTICLE 16 — TIME LIMITS FOR BAGGAGE CLAIMS, PROCESSING OF BAGGAGE CLAIMS, AND TIME LIMITS FOR ALL ACTIONS FOR DAMAGES
16.1	TIME LIMIT FOR BAGGAGE CLAIMS
16.1.1		If you, or the person holding the Baggage Check and Baggage Identification Tag with your authority, receives Checked Baggage without complaint, the absence of complaint will be sufficient evidence that the Checked Baggage was received in good condition unless you prove otherwise.
16.1.2		If you want to claim compensation from us for Damage to Checked Baggage, you must notify us as follows.
16.1.2 (a)		if the Damage to Checked Baggage is physical in nature you must notify us in writing within 7 Days of receipt of the Checked Baggage;
16.1.2 (b)		if the Damage consists of total or partial loss of Checked Baggage you must notify us in writing within 7 Days of the date the Checked Baggage arrived or should have arrived;
16.1.2 (c)		if you want to claim compensation from us for delay of Checked Baggage, you must notify us in writing within 21 Days from the date the Baggage was placed at your disposal.
16.2	PROCESSING OF BAGGAGE CLAIMS All claims for compensation for Damage to Baggage must be accompanied by an itemised list identifying each affected item by description, manufacturer and age, together with proof of purchase or ownership for all such items. Proof of purchase will not be required in relation to any item which costs less than US$5 (or National Currency Equivalent), or is more than 5 years old and has a claims value of less than US$50 (or National Currency Equivalent).
16.2.1		In the case of a compensation claim concerning physical damage to Baggage, you must retain and, if requested by us, let us examine the affected Baggage so that we may assess the nature, extent and repairability of that damage.
16.2.2		If you wish to claim the cost of replacement of an individual item which forms part of a claim for compensation for Damage to Baggage, you must consult us before you incur such cost otherwise we may not include the cost in any compensation payable. This requirement will not apply where the total cost of replacement items does not exceed US$50 or the National Currency Equivalent. Proof of purchase of all replacement items must accompany your claim. Proof of purchase will not be required in relation to any item which costs less than US$5 (or National Currency Equivalent).
16.2.3		For all claims for compensation concerning Baggage, you must provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.
16.2.4		Failure by you to fully comply with the relevant requirements of Article 16.2 may adversely affect the amount of any compensation to which you may be entitled.
16.3	TIME LIMIT FOR ALL ACTIONS FOR DAMAGES You will have no right to compensation for any Damage if an action is not brought within 2 years of the date of your arrival at the place of destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.
ARTICLE 17 — OUR REGULATIONS Some aspects of your carriage may be governed by our Regulations in addition to these Conditions of Carriage. Wherever applicable, you must obey our Regulations (but see Article 2.4 for what happens if these Conditions of Carriage are inconsistent with any of our Regulations). We have Regulations concerning, for example, unaccompanied children, pregnant women, disabled Passengers, sick Passengers, carriage of animals (including service animals), restrictions on use of electronic devices on board aircraft, forbidden items in Baggage and limits on the size and weight of Baggage. Copies of our Regulations are available from us on request.
ARTICLE 18 — INTERPRETATION
18.1	We will use reasonable efforts to make correct decisions about the interpretation of applicable laws, regulations, orders or governmental policy for the purposes of Articles 7.1 (our right to refuse carriage), and 11.1.1 (your conduct aboard aircraft). Sometimes such decisions may have to be made in circumstances where limited time is available and no proper opportunity exists to carry out any or sufficient enquiries. As a result, any such decision made by us will be final and binding on you even if subsequently proved to be incorrect, provided that at the time we made our decision we had reasonable grounds for believing that it was correct.
18.2	Where we expressly state in these Conditions of Carriage that you must comply with applicable law or applicable governmental, ICAO or IATA requirements, you must make sure that you comply with such applicable law or requirements at all times and especially on the date or dates of your carriage.
18.3	All dates and periods of time referred to in these Conditions of Carriage will be ascertained in accordance with the Gregorian calendar.
18.4	The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
© Emirates 2009 All rights reserved

legal - car hire

Tue, 19 Jun 2012 16:02:41 GMT


Terms and conditions Comair Limited disclaimer Definitions Introduction Authorised drivers and age Payment Delivery Your obligations Damage and loss waivers Undercarriage / glass Tyres and rims Personal accident and baggage insurance Equipment Exemption General	Conditions of rental Conditions of rental Rates Terms of payment Rental extension Authorised driver Over border Odometer Petrol Airport surcharge Special equipment Claim handling / assessors fee Fees

Comair Limited disclaimer

Exclusion of Liability, Suppliers' Terms and Risk
kulula.com is a division of Comair Limited, Registration Number 1967/006783/06. kulula.com also acts as an agent in selling car rental on behalf of Europcar . kulula.com does not have direct control over the provision of services operated by Europcar and therefore shall not be liable for any loss, damage, injury, additional cost, accident, cancelation, delay or irregularity that may be occasioned by any error or default, act or omission of Europcar, as applicable, in carrying out the arrangements of travel.

kulula.com accepts no liability for changes, omissions or delays before or during the course of any published travel arrangement occasioned by technical difficulties, weather conditions, strikes, war or unrest, communication breakdowns or events beyond control of the company, Europcar, as applicable. All expenses occasioned by such events, including but not limited to unscheduled extension of curtailment of changes to scheduled flights, additional air fares etc. will be for the customer's account.

All bookings for car hire on Europcar are subject to the Europcar General Conditions of Rental, as applicable, which the customer contracts with in terms of the booking.

Europcar terms and conditions

The agreement is between THE CUSTOMER (referred to as "you/me/my") and Imperial Group (Proprietary) Limited, Registration Number 1983/009088/07 t/a Europcar (referred to as "we/us/our".)

1. Definitions:

In this agreement, except where the context indicates otherwise, the following words shall bear the following meanings:


1.1	"BROCHURE" means the pamphlets and the Passport and rates sheets published by us containing our current tariffs from time to time;
1.2	"THE PASSPORT" means the booklet marked Europcar Passport published by us containing important information from time to time and which is to be read and incorporated herein ;
1.3	"THE CUSTOMER" means the PERSON named as such on the face hereof whether acting personally or in my representative capacity, jointly and severally;
1.4	"VEHICLE DAMAGE/S" means all DAMAGES to our vehicle of whatsoever nature and howsoever arising caused by me or the driver through the negligent driving of the VEHICLE or otherwise and includes but is not limited to DAMAGES which are economical or uneconomical to repair;
1.5	"EXTENDED PERIOD" means the period after the RETURN DATE requested by you and agreed to by us prior to the RETURN DATE;
1.6	"RENTAL PERIOD" means the period between the "Date Out and Time Out" and the "Date In and Time In" as specified on the face hereof or, if such period is extended, the time and date entered on our records;
1.7	"RETURN DATE" means the date stated on the face hereof on which the VEHICLE must be returned by you to us;
1.8	"VEHICLE" means the VEHICLE referred to on the face hereof and the documents, keys, tools and tyres of the said VEHICLE and all accessories supplied with the VEHICLE or any substitution VEHICLE in terms hereof;
1.9	"PERSON" includes any juristic and natural PERSON, the singular includes the plural and one gender includes the other were applicable;
1.10	"WAIVER" means a reduction of liability in the event of an accident/theft and/or loss of the VEHICLE.
1.11	“EQUIPMENT” means GPS unit inclusive of its accessories.

introduction

We let and you hire the VEHICLE for the RENTAL PERIOD at the rate as stipulated on the face hereof or if no rate is stipulated then in accordance with an agreed rates sheet or as per the BROCHURE rate on the terms here below.

2. AUTHORISED DRIVERS AND AGE:

By your signature hereto, you confirm that you have an unendorsed and valid driver’s license and have had such, for not less than two years. You agree that we have the right to verify that your license has been validly issued and that we may refuse to rent a VEHICLE to you, if your license has been suspended, revoked or restricted in any way. An additional driver is authorized only if you pay an additional driver charge and that person has a valid and unendorsed driver’s license for not less than 2 years or is above the age of 23.

3. Payment:


3.1	You agree to pay:
3.1.1		the rental rate as stipulated on the face hereof and/or in accordance with an agreed rates sheet or as per the BROCHURE;
3.1.2		additional charges as described on the face hereof and/or as stated in the rates sheet/BROCHURE;
3.1.3		all fines, taxes, charges, duties, levies and tolls payable by us to any authority arising out of the use of the VEHICLE by you;
3.1.4		all and any costs, (including but not limited to) towing charges , losses or DAMAGES incurred by us in procuring the return of the VEHICLE to our office described on the face hereof, or such other location as determined by us in our sole discretion any DAMAGES or losses suffered by us due to my failure to return the VEHICLE on the expiry of the RENTAL PERIOD, including but without limiting the generality of the foregoing, all amounts which would have been payable by me in terms of this agreement if the RENTAL PERIOD had been validly extended to the actual date of return of the VEHICLE to us;
3.1.5		all fines and court costs payable by us for any legal violation assessed against the VEHICLE, me or ourselves;
3.1.6		pay to us all DAMAGES and any other losses sustained by us, as provided for in this agreement;
3.1.7		a cleaning/valet service may be charged at our sole discretion;
3.1.8		for all fuel consumed to deliver and collect a VEHICLE to or from a pre-determined place of delivery or collection;
3.1.9		traffic fine administration fee which shall be levied to administer any traffic fine issued in respect of the VEHICLE during the RENTAL PERIOD. You will be liable for all traffic fines in respect of the VEHICLE during the RENTAL PERIOD;
3.1.10		a claim administration fee in accordance with our rates sheet/rates BROCHURE which will be charged in the event of the VEHICLE being DAMAGED/lost and/or stolen.
3.2	All payments are due by you on the sooner of a demand by us, or on expiry of the RENTAL PERIOD. You shall not set-off or withhold payment of any amounts due by you in terms of this agreement for whatever cause.

4. Delivery:


4.1	You shall take delivery of the VEHICLE at the place specified on the face hereof. You shall have no claim against us if the VEHICLE is not available for delivery, except for a refund of any amount paid. On delivery, the VEHICLE shall be deemed to be in good order, condition and repair, free of all damages.
4.2	We may refuse delivery if an advance payment or deposit is not made.
4.3	On the RETURN DATE you shall return the VEHICLE at your risk and expense to us at the place specified on the face hereof and the keys must be handed to our authorised representative and parked in our designated parking bays and locked. The VEHICLE shall be returned undamaged, in good order and in roadworthy condition, fair wear and tear excepted;
4.3.1		The VEHICLE shall be at my sole risk from the date of delivery up and until the VEHICLE is returned to us.
4.3.2		The VEHICLE is by my signature on the face hereof deemed to be delivered to me by us free of any DAMAGE of whatsoever nature and in good order and repair (unless such DAMAGE is recorded in writing and signed by both parties on the face here off or on the vehicle quality check card.) In the event of the keys being placed in the drop off safe as a result of the designated return location being closed, then the parked VEHICLE shall be at your sole risk of loss or DAMAGE until we have recorded the return thereof.
4.4	We acknowledge that failure to return the VEHICLE in terms of this agreement shall constitute illegal possession by you and we may repossess the VEHICLE wherever same may be found and from whom so ever is in possession thereof.

5. Your obligations:


5.1	The VEHICLE shall be at your sole risk for the RENTAL PERIOD.
5.2	You shall not:
5.2.1		hire or lend the VEHICLE to anyone;
5.2.2		permit the VEHICLE or the keys to be in the possession or control of anyone other than the additional driver;
5.2.3		cause or permit the VEHICLE to be driven unlawfully or illegally or to be used for any unlawful purpose or for a purpose for which it was not designed or in such a way as to increase the risk of it being DAMAGED or lost, or to be overloaded;
5.2.4		cause or permit the VEHICLE to carry any passenger or goods for reward or for racing; or to be used for any other purpose than your transportation and those within your party;
5.2.5		cause or permit the VEHICLE to be exposed to the risk of DAMAGE in or by any civil or public disturbance or unrest;
5.2.6		cause or permit the VEHICLE to any towing, repairs or servicing to be done to the VEHICLE unless authorised by us in writing;
5.2.7		cause or permit the odometer to be tampered with;
5.2.8		cause or permit the VEHICLE to be driven on a road/s not suitable for the VEHICLE.
5.3	You shall take all precautions to protect the VEHICLE from theft and DAMAGE and shall lock and immobilise the VEHICLE and activate the burglar alarm when the VEHICLE is not in use;
5.4	In case of a collision, accident, theft or loss of or involving the VEHICLE, you shall immediately:
5.4.1		report the event to us and the police or traffic department;
5.4.2		and by no later than 24 hours from the incident complete and ensure that the driver completes all documents required by us and our insurers; and
5.4.3		furnish all assistance required by us and our insurers to deal with any matters arising from the incident, whether directly or indirectly.
5.5	It is compulsory for you to accept our DAMAGE and Theft WAIVER should you be paying by cash or credit card.
5.6	If the VEHICLE is driven by anyone other than you, you shall remain liable for all your obligations in terms hereof.
5.7	We have the right to terminate the rental at any stage. We can repossess the VEHICLE at any time if you are in breach of this agreement.
5.8	Keys which are lost or locked in the VEHICLE, must be reported to us and same will be retrieved at your cost.

6. Damage and loss waivers:


6.1	DAMAGE AND LOSS WAIVERS - DECLINED
6.1.1		You understand that if you do not accept these WAIVERS you will pay for all loss or DAMAGE to the VEHICLE regardless of fault and howsoever caused, including theft. If the VEHICLE is stolen or found to be uneconomical to repair, you will pay the suggested market value as determined by the Auto Dealers Guide of the same make and model as the VEHICLE, in the month that the VEHICLE was stolen or found to be uneconomical to repair. In the event that a VEHICLE is DAMAGED beyond repair, stolen or found to be uneconomical to repair in its first year of registration and there is no suggested market value for such VEHICLE as determined by the Auto Dealers Guide, you will be liable for the retail selling price of a new VEHICLE of the same make and model, in the month the VEHICLE was stolen or found to be uneconomical to repair.
6.1.2		Where a VEHICLE was found to be uneconomical to repair, you accept that we will reduce the amount due by you by the reasonable salvage value, or the amount received by us for the remains of such VEHICLE if this is lower.
6.1.3		The DAMAGES to a vehicle include our expenditure in towing, transporting and storing the VEHICLE and the difference between the pre- and post-accident value in the case where a VEHICLE is economical to repair. Repairs include parts and labour and accessories. We at our sole discretion shall appoint an expert assessor to assess the DAMAGE to the VEHICLE at your cost and whose decision on such DAMAGE shall be final and binding to you.
6.2	DAMAGE AND LOSS WAIVERS - ACCEPTED
6.2.1		If you accept the Standard DAMAGE WAIVER and/or the Standard Theft WAIVER and you accept to pay the limited liability (referred to as Standard WAIVER in our BROCHURE), and provided that you have complied with all the terms and conditions of this agreement, you will be liable for any DAMAGE to or loss of the VEHICLE or the amount as reflected in our BROCHURE whichever is lowerplus towing and storage charges and administration charges.
6.2.2		If you accept the Super DAMAGE WAIVER and/or the Theft WAIVER and you accept to pay the reduced limited liability (refer to as Super WAIVER in our BROCHURE) and provided that you have complied with the terms and conditions of this agreement, you will be liable for any DAMAGE to or loss of the VEHICLE or the amount as reflected in our BROCHURE, whichever is lower, plus towing and storage charges.
6.2.3		If you are in breach of this RENTAL AGREEMENT, you shall be liable in accordance with 6.1 above.
6.2.4		You shall be liable for the full value of any DAMAGE to the VEHICLE and the WAIVERS shall not apply, if you were driving the VEHICLE in a reckless or gross negligent manner or under the influence of intoxicating liquor or of a narcotic drug or similar substance.
6.2.5		Notwithstanding 6.2.4 should you DAMAGE our VEHICLE and this DAMAGE was not as a result of a collision with another vehicle, animal or person, or where insufficient details thereof are provided, or if you were driving on roads not suitable for the VEHICLE, then at our sole discretion, you may be liable for double the applicable limited liability as per the current published BROCHURE on www.europcar.co.za.
6.2.6		Notwithstanding anything in this agreement, we shall not be obliged to institute or proceed with any claim which we may have against a third party for the recovery of any DAMAGES or financial loss in connection with the VEHICLE and, we shall be entitled to abandon such claim or to settle such claim, at our sole discretion.
6.3	THIRD PARTY CLAIMS
		For purposes of this clause, third party claims refers to any claims by a third party in respect of DAMAGE or loss that you may cause to any other VEHICLE or property.
6.3.1		If you decline or are in breach of this agreement you will also be responsible for all third party claims.
6.3.2	If DAMAGE and Loss WAIVERS are accepted and should 6.2.4 and 6.2.5 not apply, we shall settle third party claims in excess of R15,000 limited to the direct damage caused to any other vehicle or property and shall exclude any claims for consequential losses.

7. Undercarriage / glass:

Not withstanding the above clauses where DAMAGE is caused to the undercarriage and/or glass of the VEHICLE, our expert shall assess the DAMAGE so caused and the expert shall be entitled in his expert opinion based on the merits of the claim, to exclude such DAMAGE from the WAIVERS.

8. Tyres and rims

Any tyre/rim DAMAGE whatsoever is for your account.

9. Personal accident and baggage insurance:

You acknowledge that you have read and understand the terms and conditions of such insurance as contained in our BROCHURE and agree that your choice to accept or decline this insurance is indicated on the face of this agreement. You agree and acknowledge that all claims and liability in this regard will be for the account and directed to the insurer, Regent Insurance Company Ltd. and acknowledge that we shall not be liable in any way in connection with these insurances and you indemnify us in full in respect of any claims of whatsoever nature and howsoever arising in respect of such insurances.

10. Equipment (GPS):


10.1	The equipment may be reserved at time of vehicle reservation, and will be charged at time of rental.
10.2	The full terms and conditions for rental of the equipment are available on Europcar’s website www.europcar.co.za or inside the equipment pouch.

11. Exemption:

We shall not be liable for any DAMAGE or loss, whether direct or indirect, arising out of any defect in or mechanical failure or the safety of the VEHICLE or the driving or use thereof or caused by any negligence or fault or otherwise of ours, or that of our agents or our servants, nor for any direct or indirect loss, consequential DAMAGES, loss of profits or special DAMAGES arising out of any of the aforegoing and/or for any breach by us of this agreement. We do not accept any liability for any loss of or damage to any property transported in or left in the VEHICLE or any other damages or loss as a result of the conveyance of the driver and/or any other passengers as a result of our employees, servants, agents negligence or otherwise. No warranties as to the condition, state of repair, performance capabilities, year of manufacture, odometer reading or anything else concerning the VEHICLE are given by us.

12. Extension of agreement:


12.1	You will be only entitled to orally extend this agreement by calling our call centre on 0861131000/118898. Any extension noted on our system shall be regarded as an extension of the original rental agreement.
12.2	The onus to prove an oral extension shall lie with you.

13. General:


13.1	All notices and legal processes in terms hereof shall:
13.1.1		be given to you at the address set out on the face hereof (Your chosen Domicilium Citandi et Executandi). Any notice posted to you shall be deemed to be received 7 days after posting, unless you prove the contrary;
13.1.2		be given to us at our head office at our appointed Domicilium Citandi et Executandi at 16 Ernest Oppenheimer Avenue, Bruma.
13.2	You hereby consent to the jurisdiction of the Magistrate’s Court having jurisdiction over its person in respect of any proceeding arising from this agreement even if the amount in issue would otherwise exceed the jurisdiction of such court. This consent shall not however, prejudice us in respect of our right to proceed in any court of competent jurisdiction.
13.3	The English version of this agreement will prevail in the event of a dispute.
13.4	This is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by you and us.
13.5	We may claim and recover from you on demand all costs and expenses incurred by us in consequence, directly or indirectly, of any breach by you of this agreement, including attorney-and-own-client costs, collection commission and any costs of tracing you or the VEHICLE.
13.6	A provision of this agreement which is invalid or unenforceable for any reason shall be severable from the rest of this agreement and shall not affect the validity thereof.
13.7	This agreement shall be governed by the laws of the Republic of South Africa.
13.8	By your signature hereto, you accept all the charges charged by us in terms of this agreement, including any charges relating to loss and DAMAGE to the VEHICLE.
13.9	By your signature hereto, you hereby authorise us to conduct ITC checks on you, if necessary.
13.10	By my signature hereto, I as the driver/authorised agent undertake personal liability for and on behalf of the customer as surety and co-principal debtor in solidum.



	conditions of rental Vehicles are rented subject to these terms and conditions together with those on the reverse of the Rental Agreement. They are subject to change without notice. rates These include maintenance, oil and Value Added Tax at the current rate and are subject to change without notice. The minimum charge is one day (24 hours) e.g.: 08h00 today to 08h00 the following day. The following day, a second rental day charge is applicable. terms of payment A minimum deposit is required at the time of rental and final adjustments are made upon termination of rental. All local and internationally recognized credit cards are accepted. Unfortunately, electronic credit cards are not accepted. Payment is by embossed credit card (digits raised) only, we accept all major credit cards but regrettably we cannot accept debit cards, cheques or cash. The card holder must be the renter and the credit card is not transferable. How payment works: Upon collection of the vehicle, your credit card will be charged with the rental amount, an additional day's rental and a tank of fuel. Any expenses for extras eg. additional driver charge, will also be billed. On return of the vehicle and when your final invoice has been calculated, any monies due back to you will be refunded within four working days. Any amounts due to Europcar Car Rental will be charged to your credit card. Additionally, an authorisation hold will be placed on your card for the applicable excess amount, this hold will be released within 2 working days once the car has been returned. Two credit cards are required for the rental of Group E, H, O, Z & W vehicles. A minimum deposit of R5000.00 per card is required, and is dependent on the rental duration. rental extension Any renter wishing to extend a rental beyond the original return date must immediately notify Europcar. Failure to do so will result in the renter not being covered by Damage/Loss Waiver if applicable, and unlawfully being in possession of the vehicle. authorised driver A renter and / or additional driver must be in possession of a valid unendorsed driver's license and shall produce it at the time of taking delivery of the vehicle. All additional drivers must be listed on the Rental Agreement. A charge of R250.00 per additional driver per rental is levied. In the event of any damage to or loss of a vehicle whilst in the possession of or being driven by an unlisted driver, the renter shall be liable for this damage or loss. over border Any renter wishing to cross the borders of the country in which the vehicle is rented, must obtain prior written authorization from Europcar. A fee of R795.00 is levied for this cross border letter. For rentals originating in South Africa and driven into Botswana, Lesotho, Namibia or Swaziland. And R2000 for the rentals originating in South Africa and driven into Mozambique or Zambia, the local Damage Waiver, Loss Waiver and exceptions liabilities shall apply. Outside South Africa South Africa & Botswana R1 500 South Africa & Lesotho R1 000 South Africa & Namibia R5 000 South Africa & Swaziland R1 000 It is the renter's responsibility upon entering any neighboring countries in South Africa to obtain the required border permits. This non refundable permit s hall be for the renter's account and is payable directly to the border authorities. odometer All vehicle odometers are sealed. If they are found to have been tampered with, the renter will be charged with an additional 500 kilometres per rental day. Discounted rates including long distance, monthly and weekend rates and any applicable discount become voidable under these circumstances. petrol Petrol is not included in the rates. Vehicles leave the kulula.com/cars depot/branch with a full tank and the renter is charged for refuelling upon termination of rental, even if you have filled the tank. airport surcharge A surcharge of 9% of daily and kilometre charges is applicable to all rentals commencing at State Airports and is included in the daily rate. special equipment We offer child seats at a nominal fee of R300 per rental. We offer GPS rates quoted and billed at R79 per day, which includes insurance and 14% VAT. Garmin GPS navigation units can be collected and returned at the following airport locations: OR Tambo International Airport Cape Town Airport Domestic Cape Town International Airport King Shaka International Airport (Durbs): East London Airport George Airport Port Elizabeth Airport claim handling / assessors fee In the event of an accident/damage to or loss/theft of a vehicle, a fee of R600 is levied per incident. This fee covers administration costs and assessors fee. fees Fees for additional charges are quoted in rands. In the event of a traffic offence, an administration fee of R190 will be levied per incident. Damage waiver (dw) & loss waiver (lw) The renter accepts and pays for DW and/or LW and complies with these terms and conditions together with those on the rental agreement, the renter is liable for the excess as per the brochure. Failure to comply renders the renter liable for the full value of damage or loss. exceptions liability (South Africa) Where damage to a vehicle is caused by the renter driving it on roads not suitable for it or where no other vehicle is involved. If the renter was driving negligently, the renter shall be liable for the full value of any damage to the vehicle. Traffic fine fee* A traffic fine handling fee of R190 is levied on all traffic fines. Tourism levy A tourism levy of 1% of daily and kilometer charges is applicable to all rentals, that have been included in the daily rate.

conditions of rental

Vehicles are rented subject to these terms and conditions together with those on the reverse of the Rental Agreement. They are subject to change without notice.

rates

These include maintenance, oil and Value Added Tax at the current rate and are subject to change without notice. The minimum charge is one day (24 hours) e.g.: 08h00 today to 08h00 the following day. The following day, a second rental day charge is applicable.

terms of payment

A minimum deposit is required at the time of rental and final adjustments are made upon termination of rental. All local and internationally recognized credit cards are accepted. Unfortunately, electronic credit cards are not accepted.

Payment is by embossed credit card (digits raised) only, we accept all major credit cards but regrettably we cannot accept debit cards, cheques or cash.

The card holder must be the renter and the credit card is not transferable.

How payment works: Upon collection of the vehicle, your credit card will be charged with the rental amount, an additional day's rental and a tank of fuel. Any expenses for extras eg. additional driver charge, will also be billed. On return of the vehicle and when your final invoice has been calculated, any monies due back to you will be refunded within four working days. Any amounts due to Europcar Car Rental will be charged to your credit card. Additionally, an authorisation hold will be placed on your card for the applicable excess amount, this hold will be released within 2 working days once the car has been returned.

Two credit cards are required for the rental of Group E, H, O, Z & W vehicles. A minimum deposit of R5000.00 per card is required, and is dependent on the rental duration.

rental extension

Any renter wishing to extend a rental beyond the original return date must immediately notify Europcar. Failure to do so will result in the renter not being covered by Damage/Loss Waiver if applicable, and unlawfully being in possession of the vehicle.

authorised driver

A renter and / or additional driver must be in possession of a valid unendorsed driver's license and shall produce it at the time of taking delivery of the vehicle. All additional drivers must be listed on the Rental Agreement. A charge of R250.00 per additional driver per rental is levied. In the event of any damage to or loss of a vehicle whilst in the possession of or being driven by an unlisted driver, the renter shall be liable for this damage or loss.

over border

Any renter wishing to cross the borders of the country in which the vehicle is rented, must obtain prior written authorization from Europcar. A fee of R795.00 is levied for this cross border letter. For rentals originating in South Africa and driven into Botswana, Lesotho, Namibia or Swaziland. And R2000 for the rentals originating in South Africa and driven into Mozambique or Zambia, the local Damage Waiver, Loss Waiver and exceptions liabilities shall apply.

Outside South Africa

South Africa & Botswana R1 500
South Africa & Lesotho R1 000
South Africa & Namibia R5 000
South Africa & Swaziland R1 000

It is the renter's responsibility upon entering any neighboring countries in South Africa to obtain the required border permits. This non refundable permit s hall be for the renter's account and is payable directly to the border authorities.

odometer

All vehicle odometers are sealed. If they are found to have been tampered with, the renter will be charged with an additional 500 kilometres per rental day. Discounted rates including long distance, monthly and weekend rates and any applicable discount become voidable under these circumstances.

petrol

Petrol is not included in the rates. Vehicles leave the kulula.com/cars depot/branch with a full tank and the renter is charged for refuelling upon termination of rental, even if you have filled the tank.

airport surcharge

A surcharge of 9% of daily and kilometre charges is applicable to all rentals commencing at State Airports and is included in the daily rate.

special equipment

We offer child seats at a nominal fee of R300 per rental.

We offer GPS rates quoted and billed at R79 per day, which includes insurance and 14% VAT. Garmin GPS navigation units can be collected and returned at the following airport locations:

OR Tambo International Airport
Cape Town Airport Domestic
Cape Town International Airport
King Shaka International Airport (Durbs):
East London Airport
George Airport
Port Elizabeth Airport

claim handling / assessors fee

In the event of an accident/damage to or loss/theft of a vehicle, a fee of R600 is levied per incident. This fee covers administration costs and assessors fee.

fees

Fees for additional charges are quoted in rands. In the event of a traffic offence, an administration fee of R190 will be levied per incident.

Damage waiver (dw) & loss waiver (lw)

The renter accepts and pays for DW and/or LW and complies with these terms and conditions together with those on the rental agreement, the renter is liable for the excess as per the brochure. Failure to comply renders the renter liable for the full value of damage or loss.

*exceptions liability (South Africa)

Where damage to a vehicle is caused by the renter driving it on roads not suitable for it or where no other vehicle is involved. If the renter was driving negligently, the renter shall be liable for the full value of any damage to the vehicle.

Traffic fine fee

A traffic fine handling fee of R190 is levied on all traffic fines.

Tourism levy

A tourism levy of 1% of daily and kilometer charges is applicable to all rentals, that have been included in the daily rate.

legal - British Airways international flights

Tue, 19 Jun 2012 16:02:27 GMT

Comair Limited disclaimer
British Airways Plc general conditions of carriage
General conditions of carriage for passengers and baggage - effective 1 March 2005
Flight cancellation compensation
Airline alliances
Franchises
Travel classes

Comair Limited disclaimer

While every effort is made to ensure that all information on the site is updated and correct, Comair Limited shall not be liable for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to the airline through this website.

Exclusion of Liability, Suppliers' Terms and Risk
kulula.com is a division of Comair Limited, Registration Number 1967/006783/06.
kulula.com acts as an agent in selling air tickets on behalf of British Airways PLC for international flights as featured on this website. kulula.com does not have direct control over the provision of services by British Airways PLC and shall not be liable for any loss, damage, injury, additional cost, accident, delay or irregularity that may be occasioned by any error or default, act or omission of British Airways in carrying out the arrangements of travel.

kulula.com accepts no liability for changes, omissions or delays before or during the course of any published travel arrangement occasioned by technical difficulties, weather conditions, strikes, war or unrest, communication breakdowns or events beyond control of the company. All expenses occasioned by such events, including but not limited to unscheduled extension of curtailment of changes to scheduled flights, additional air fares etc. will be for the customer's account.

All bookings for flights on British Airways PLC are subject to the British Airways Plc General Conditions of Carriage which the customer contracts with in terms of the booking.

kulula.com will not be responsible for any charges that appear on a customer's credit card, nor accept responsibility for having any of these charges reversed or corrected.

British Airways Plc general conditions of carriage

General conditions of carriage
The general conditions of carriage applicable to flight(s) booked on ba.com or kulula.com will depend upon the operator of your flight(s).

British Airways PLC
For flights operated by British Airways Plc the British Airways general conditions of carriage will apply.

British Airways Plc general conditions of carriage

Codeshare partners
For flights operated by one of British Airways' codeshare partners the British Airways general conditions of carriage will apply.

Find out about codeshare partners (Airline Alliances)
British Airways Plc general conditions of carriage

Franchisees
For flights operated by one of British Airways' franchisees, the franchisee's Conditions of Carriage will apply. These are almost identical to British Airways' and you can find details of these either on their website or by contacting the airline direct.
Franchises are:

Comair Ltd
- www.comair.co.za
- +27 (11) 921 0111
- kulula.com conditions of carriage kulula.com Conditions of Carriage,
  British Airways conditions of carriage SABritishAirwaysConditionsofCarriage.pdf *

Loganair Ltd
- www.loganair.co.uk
- +44 844 493 0787
- Conditions of Carriage LoganAirCondOfCarriage.pdf *

Sun-Air of Scandinavia
- www.uk.sun-air.dk
- +45 76 50 01 00
- conditions of carriage SunAirGeneralConditionsofCarriage.pdf *

Find out more about British Airways' Franchises

* Requires a PDF reader. Get Adobe Reader

general conditions of carriage for passengers and baggage - effective 1 March 2005

Introduction
When you buy a ticket to travel on a flight British Airways operates, you enter into a contract of carriage with them. The contract is governed by:

the conditions in your ticket or itinerary and receipt
any tariffs which apply
Conditions of carriage
British Airways' regulations

1.	What particular expressions mean in these conditions:
	1.1	"British Airways"	British Airways Plc, BA CityFlyer.
	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 passenger.)
	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 British Airways' timetables as scheduled stopping places on your route.
	1.4	"Airline designator code"	the two or three letters or the letter and number which identify particular carriers.
	1.5	"Authorised agent"	a passenger sales agent who British Airways have appointed to represent them in selling air transportation on British Airways' services.
	1.6	"Baggage"	your personal property accompanying you on your flight. Unless British Airways say otherwise, this consists of your checked and unchecked baggage.
	1.7	"Baggage check"	the parts of your ticket which relate to carrying your checked baggage.
	1.8	"Baggage identification tag"	a document British Airways give you to identify each piece of your checked baggage.
	1.9	"Carrier"	an air carrier.
	1.10	"Checked baggage"	baggage which British Airways have taken into British Airways' custody and for which British Airways have issued a baggage identification tag or a baggage check or both. (Checked baggage travels in the hold of the aircraft.)
	1.11	"Check-in deadline"	the time limit British Airways have set by which you must have completed check-in and received your boarding pass.
	1.12	"Conditions of carriage"	these conditions of carriage or another carrier's conditions of carriage as the case may be.
	1.13	"Conjunction ticket"	a ticket British Airways have issued to you in conjunction with another ticket which together make up a single contract of carriage.
	1.14	"Connecting flight"	a subsequent flight providing onward travel on the same ticket or on a conjunction ticket.
	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 her trade, business or profession.
	1.16	"Convention"	whichever of the following apply: The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below as the Warsaw Convention). The Warsaw Convention as amended at The Hague on 28 September 1955. The Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975). The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975). The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975). The Guadalajara Supplementary Convention (1961). The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (referred to below as the Montreal Convention).
	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 British Airways operate or other services British Airways provide.
	1.19	"Days"	all seven days of the week. For the purpose of sending notices, British Airways will not count the day on which notice is sent. For the purposes of deciding whether a ticket is valid, British Airways 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 British Airways' computer database.
	1.21	"Electronic ticket"	an itinerary and receipt, electronic coupons and any boarding document British Airways have issued to you.
	1.22	"Events beyond your control"	unusual and unforseeable 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 British Airways or British Airways' 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 the 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 British Airways or British Airways' authorised agents have issued to you.
	1.32	"Transit passenger"	passenger arriving at an airport for onward travel to another country: on the same flight from that airport on a connecting flight from that airport on a connecting flight from another airport on another onward flight from that airport
	1.33	"Unchecked baggage"	your baggage other than your checked baggage. (You take your unchecked baggage with you on to the aircraft.)
	1.34	"Validity period"	the period for which your ticket is valid for travel.
	1.35	"Voluntary fare refund"	a refund, under clause 10c, of the fare for your ticket.

2.	When these conditions apply
	2.a)	General Except where clause 2c says otherwise, these conditions of carriage will apply to all flights British Airways operate under the BA airline designator code and to any case where British Airways have a legal liability to you in relation to your flight.
	2.b)	Code shares and franchises On some services British Airways has arrangements with other airlines known as code shares. This means that, even if you have a reservation with them and hold a ticket showing the BA airline designator code for the flight, another airline may operate the aircraft. On some services British Airways has arrangements with other airlines called franchisees who will operate the aircraft on which you will travel using British Airways' name, British Airways' livery and the BA airline designator code. If either a code share or a franchise applies to your flight, British Airways or British Airways' authorised agents will let you know if British Airways 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 British Airways, the tariffs or laws will apply.
	2.d)	Differences between these conditions of carriage and British Airways' regulations If these conditions of carriage are inconsistent with British Airways' 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.

3.	Tickets
	3.a)	General
		3.a.1)	British Airways will only carry you if you are the passenger named in the ticket. British Airways 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)	British Airways sell some tickets at discounted 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 British Airways' property at all times if it was issued by British Airways or British Airways' 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 British Airways containing: the flight coupon for that flight all other unused flight coupons and the passenger coupon 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 British Airways or British Airways' authorised agents have made the alteration. If you are travelling on an electronic ticket, you will not be entitled to be carried on a flight unless the electronic ticket was issued in your name and you can prove to British Airways that you are the person named on it.
		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 tariffs which apply, a ticket is valid for travel for: one year from the date it is issued or one year from the date you first travelled using the ticket, as long as your first flight took place within a year of the ticket being issued.
		3.b.2)	If you are prevented from travelling within the validity period of a ticket because British Airways could not confirm your reservation at the time you asked for it, British Airways will: extend the validity period of the ticket or give you a voluntary fare refund.
		3.b.3)	If, after beginning your journey: you become ill your illness prevents you from travelling on your next flight within the validity period of your ticket; and you want British Airways to extend the validity period so that you can continue your journey; you must give British Airways a medical certificate. The certificate must: state the facts relating to your illness and confirm the date you will be fit to travel again ('the recovery date'). When British Airways receive the certificate, British Airways may decide to extend the validity period until either: the recovery date, as long as there is a seat available on the relevant flight in the class of service for which you have paid the fare or if not, the first date after the recovery date when a seat will be available. If the flight coupons left on your ticket involve one or more stopovers, British Airways may decide to extend the validity period up to a maximum of three months from the recovery date. If other members of your immediate family were travelling with you when you fell ill, British Airways will extend the validity period of their tickets for a similar period.
		3.b.4)	If: a passenger dies during their journey and other passengers are travelling in the same party as the dead passenger British Airways may decide to do either, or both, of the following: British Airways will not enforce any minimum stay conditions which apply to the tickets of members of the party. British Airways will extend the validity period of their tickets.
		3.b.5)	If: you have begun your journey a member of your immediate family dies and you have supplied us with a copy of the death certificate, British Airways may decide to change your tickets and those of your immediate family travelling with you by doing either, or both, of the following: British Airways will not enforce any minimum stay condition relating to the tickets British Airways will extend the validity period of the tickets. British Airways will not extend the validity period of the tickets for more than 45 days after the date of death.
	3.c)	Using flight coupons in the right sequence and changes in itinerary
		3.c.1)	Your ticket is valid only for the 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 British Airways' tariff for the transportation shown on your ticket. British Airways 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 British Airways beforehand. British Airways 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 British Airways as soon as possible. British Airways will use reasonable efforts to transport you to your next stopover or final destination, without re-calculating the fare.
		3.c.4)	If you change your transportation without British Airways' agreement, your unused flight coupons will not be valid for travel and will have no value and British Airways will not carry you until: British Airways or British Airways' authorised agents have re-calculated the revised fare for your actual transportation and you have paid the difference (if any) between the fare you have already paid and the revised fare which applies to your changed transportation. If the revised fare is lower than the fare you have already paid, British Airways or British Airways' authorised agents will refund you the difference.
		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)	British Airways 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 British Airways have to deny you boarding because of overbooking or British Airways exercise British Airways' right to refuse to carry you under clause 5d3 or 7.
		3.c.7)	If British Airways 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 British Airways' 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, British Airways will not cancel your return or onward reservations.
		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, British Airways may decide to cancel your return or onward reservations.
	3.d)	Replacement Tickets If you ask, British Airways will replace your ticket with a new ticket if: you have lost your ticket or part of it your ticket is spoiled, torn, damaged or has been altered or tampered with you do not have your ticket with you and so cannot present it to us or one or more unused flight coupons or the passenger coupon (or both) are missing from your ticket. British Airways will only do this if: British Airways or British Airways' authorised agents issued the original ticket you sign an agreement to repay us any costs and losses, up to the value of the original ticket, which British Airways or another airline would suffer as a result of the ticket being misused and you prove that you had a valid ticket. British Airways will not claim from you any losses which result from British Airways' own negligence. British Airways may charge a reasonable administration fee for issuing a new ticket, unless the loss or damage was caused by British Airways or British Airways' authorised agents. If you cannot prove that you had a valid ticket or you do not sign an agreement. British Airways may ask you to pay up to the full ticket price for a replacement ticket. British Airways will give you a refund if and when British Airways is satisfied that the original ticket has not been used before its validity period ran out. If you find the original ticket before its validity period runs out and give it to us, British Airways will give you a refund at that time. If British Airways or British Airways' authorised agents did not issue your ticket, you must apply for a refund from the airline which issued it.
	3.e)	Your rights if you are prevented from travelling by events beyond your control If you are a consumer. you have been prevented from travelling by events beyond your control and all or part of the fare for your ticket is non-refundable. British Airways will give you a credit for the non-refundable part of the fare. British Airways will do this if you: have a completely unused ticket have told us promptly about the events beyond your control and have given us evidence of these events. The credit can be used for future travel on British Airways by you or any person you choose. British Airways may take a reasonable fee from the credit to cover British Airways' administration costs.
	3.f)	Your right to transfer your booking to another passenger where the Package Travel, Package Holidays and Package Tour Regulations apply. British Airways or British Airways' authorised agents will, if you ask, issue a new ticket to somebody else to replace your ticket if: your ticket has been issued as part of a package to which The Package Travel, Package Holidays and Package Tour Regulations 1992 SI 1992/3288 as amended (the Regulations) apply you want to transfer your booking under regulation 10 of the Regulations you prove to British Airways or British Airways' authorised agents that you have satisfied the requirements of regulation 10 and are entitled to transfer the booking you give British Airways or British Airways' authorised agents reasonable notice of your intention to transfer the booking before your date of departure you give British Airways or British Airways' authorised agents the full name, address and contact number of the person to whom you want the new ticket to be issued you deliver your ticket to British Airways or British Airways' authorised agents and you pay British Airways or British Airways' authorised agents a reasonable administration fee for issuing the new ticket.
	3.g)	British Airways' name and address on tickets British Airways' name may be abbreviated to the BA airline designator code on the ticket. British Airways' address is Waterside, PO Box 365, Harmondsworth UB7 OGB, United Kingdom. Please also see British Airways' British website www.ba.com for more details of how to contact us.

4.	Fares, surcharges, 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 British Airways say otherwise.
		4.a.2)	Your fare does not include ground transport between one airport and another or between an airport and the town terminal.
		4.a.3)	British Airways or British Airways' authorised agents will work out the fare for your ticket which applies under British Airways' 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)	British Airways may charge any surcharge to the fare for your ticket which applies under British Airways' 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 British Airways or on you by governments or other authorities, or by operators of airports.
		4.b.2)	When you buy your ticket, British Airways 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 British Airways have issued your ticket. If they change or if a new tax, fee or charge is imposed after British Airways have issued your ticket, you will have to pay us any increase. Similarly, if any taxes, fees or charges you pay to them when British Airways issue the ticket are then abolished or reduced, you will be entitled to claim a refund from them.
		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.
	4.c)	Currency You must pay the fare and any taxes, fees, charges and surcharges in the currency of the country in which the ticket is issued, unless British Airways or British Airways' authorised agents say you must use another currency at or before the time you pay. British Airways may decide to accept payment in another currency.

5.	Reservations
	5.a)	General
		5.a.1)	British Airways will record your reservation in British Airways' computer system. If you ask, British Airways or British Airways' authorised agents 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)	British Airways or British Airways' authorised agents may charge additional carrier or agency fees for issuing or changing your ticket or providing other reservation services.
	5.b)	Time limits for payment of the fare If you have not paid for your ticket by the deadline British Airways or British Airways' authorised agents have set, British Airways may decide to cancel your reservation.
	5.c)	Personal Information
		5.c.1)	British Airways may use the personal information that you provide and British Airways collect, including information about how your purchase history and how you use British Airways' services and facilities ('your personal information'), for the purposes of: making a reservation and issuing a ticket providing you with your transportation and any related services and facilities accounting, billing and auditing verifying and screening credit or other payment cards immigration and customs control safety, security, health, administrative and legal purposes statistical analysis marketing analysis operating frequent flyer programmes systems testing, maintenance and development customer relations helping British Airways in any future dealings with you and direct marketing and market research (which British Airways will only do at your request or with your consent or if British Airways gives you the opportunity to opt out).
		5.c.2)	For these purposes British Airways may release your personal information to: British Airways' subsidiary companies carriers and other companies involved in providing your transportation or related services and facilities British Airways' Oneworld (tm) partner airlines and franchisees data processors British Airways' agents government and enforcement agencies and credit and other payment card companies and screening companies. This may involve sending your personal information outside the European Economic Area.
	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 British Airways or British Airways' authorised agents at the time of booking to provide any special assistance, British Airways will make reasonable efforts to meet your request.
		5.d.3)	British Airways may decide not to carry: unaccompanied children pregnant women or passengers who are ill. if arrangements to carry them have not been made before check in.
	5.e)	Seating
		5.e.1)	British Airways will try to honour advance seating requests.
		5.e.2)	British Airways cannot guarantee that you will be able to sit in any particular seat.
		5.e.3)	British Airways can change your seat at any time, even after you have boarded the aircraft, as British Airways may need to do this for operational, safety or security reasons.
	5.f)	Reconfirming reservations
		5.f.1)	You may have to reconfirm onward or return reservations within certain time limits. British Airways will tell you if you need to reconfirm and how and where you should do this.
		5.f.2)	If you fail to reconfirm, British Airways may decide to cancel your onward or return reservations.
		5.f.3)	If you fail to reconfirm but let British Airways know that you still want to travel and there is space on the flight, British Airways will reinstate your reservations and carry you. If there is no space on the flight, British Airways 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.

6.	Check-in and boarding
	6.a)	Check-in deadlines 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 flights before you travel and keep to them. British Airways 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 British Airways or British Airways' authorised agents will tell you the check-in deadline for your first flight with them. Check-in deadlines for all British Airways' flights are set out in British Airways' website www.ba.com www.ba.com and you can also ask British Airways or British Airways' authorised agents 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, British Airways may decide to cancel your reservation and not carry you. By completing the check-in process British Airways 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 not later than the time British Airways gives you when you check in. British Airways may decide not to carry you if you fail to arrive at the boarding gate on time.
	6.e)	British Airways is not liable if you fail to meet deadlines British Airways 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 on time (if British Airways tells you a time) or fail to be at the boarding gate on time.

7.	British airways' right to refuse to carry you or to ban you from travel
	7.a)	British Airways' right to refuse to carry you British Airways may decide to refuse to carry you or your baggage if one or more of the following has happened or British Airways reasonably believes 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 British Airways reasonably believes you are, in unlawful possession of drugs
		7.a.5)	If your mental or physical state or health 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 British Airways' 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 British Airways' ground staff or another passenger 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 British Airways' 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 processes 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 British Airways (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 British Airways 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 British Airways 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 or failed to give British Airways information which a government authority has asked British Airways 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 British Airways or British Airways' authorised agents.
		7.a.27)	If you have presented a ticket which was not issued by British Airways or British Airways' 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 British Airways nor British Airways' authorised agents.
		7.a.31)	If you have presented a spoiled, 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 British Airways' 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 British Airways 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 on time.
		7.a.37)	If you have refused or failed to undergo health screening or a health examination requested by British Airways or by a government or enforcement agency.
		7.a.38)	If you have behaved in a way mentioned above on or in connection with a previous flight and British Airways believes you may repeat this behaviour.
	7.b)	British Airways' right to refuse to carry you when British Airways have banned you from British Airways' route network.
		7.b.1)	British Airways will be entitled to refuse to carry you or your baggage if British Airways has given you a banning notice and you have bought your ticket while the ban applies.
		7.b.2)	By a banning notice British Airways means a written notice British Airways has given to you informing you that you are banned from being carried on British Airways' route network. (This means you are banned from travelling on all flights British Airways operates.) 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 try to travel while a banning notice is in force, British Airways will refuse to carry you and you will be entitled to an involuntary fare refund.

8.	Baggage
	8.a)	Your free baggage allowance British Airways 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 British Airways' baggage regulations applying at the time of your flight. If you are in doubt, please ask British Airways or British Airways' authorised agents for details of your free baggage allowance and British Airways' baggage regulations.
	8.b)	Excess baggage You will have to pay a charge for the carriage of baggage over your free baggage allowance. Please ask British Airways or British Airways' authorised agents for details of British Airways' 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). Items you are forbidden from carrying by law. Items you are forbidden from carrying by British Airways' regulations. Items likely to put the aircraft or people or property on board the aircraft in danger. These include the items shown in the 'International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air' and the 'International Air Transport Association (IATA) Dangerous Goods Regulations'. Items which British Airways reasonably consider unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, British Airways will take account of the type of aircraft being used. If British Airways discover that you are carrying forbidden items, British Airways will refuse to carry them. Please ask British Airways or British Airways' authorised agents for information about forbidden items if you need it.
	8.d)	Firearms
		8.d.1)	On some of British Airways' services British Airways do not carry firearms and ammunition. On services where British Airways do carry firearms and ammunition British Airways may charge a handling fee for accepting firearms and ammunition or British Airways may exclude firearms and ammunition from your free baggage allowance in which case you will have to pay an excess baggage charge.
		8.d.2)	If you want British Airways to carry firearms and ammunition, other than sporting guns or ammunition, you must get British Airways' permission before you check in. If you do not, British Airways may decide not to carry them.
		8.d.3)	If you are travelling on a service where British Airways carry firearms and you want them to carry sporting guns or ammunition, you must let them know before you check in. If you do not, British Airways may decide not to carry them.
		8.d.4)	All firearms and ammunition must be carried as checked baggage and British Airways will not allow you to take them into the aircraft cabin.All firearms and ammunition must be carried as checked baggage and British Airways will not allow you to take them into the aircraft cabin.
		8.d.5)	All firearms carried as checked baggage must be unloaded, have the safety catch on and be suitably packed.
		8.d.6)	Carrying firearms and ammunition is covered by the ICAO Technical Instruction and IATA Regulations referred to above.
		8.d.7)	You must make sure that you have all the documents you need for firearms and ammunition. If you do not, British Airways may decide not to carry them.
	8.e)	Dangerous items you must not take with you on to the plane
		8.e.1)	You must not take any item into the aircraft cabin if British Airways tell you that British Airways 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 or weapons 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)	British Airways may either tell you to check in items referred to in clauses 8e1, 8e2 and 8e3 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: money jewellry precious metals computers personal electronic devices share certificates, bonds and other valuable documents business documents or passports and other identification documents.
	8.g)	British Airways' right to refuse to carry checked baggage not properly and securely packed British Airways will refuse to carry checked baggage if British Airways reasonably believe that it is not properly and securely packed in suitable containers.
	8.h)	British Airways' right to search, screen and x-ray you and your baggage
		8.h.1)	For reasons of safety and security British Airways or British Airways' agents may ask to search and screen you and search, screen or x-ray your baggage. British Airways will always try to search, screen or x-ray your baggage when you are present. However, if you are not available, British Airways may search your baggage in your absence. If you do not allow British Airways to carry out the necessary safety and security searches, screening and x-rays, British Airways 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, British Airways will not be liable for the damage unless it was caused by British Airways' 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, British Airways will give you a baggage identification tag for each piece.
		8.i.3)	British Airways will carry your checked baggage, whenever possible, on the same aircraft as you, unless British Airways decides for safety, security or operational reasons to carry it on another flight. If British Airways carries your checked baggage on another flight British Airways 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)	British Airways sets maximum dimensions and weights for unchecked baggage, which must also: fit under the seat in front of you, or fit in an enclosed storage compartment in the cabin of the aircraft.
		8.j.2)	If: your unchecked baggage is larger than the maximum dimensions or weights does not fit under the seat in front of you or in an enclosed storage compartment or British Airways decide it is not safe you must check it in as checked baggage.
		8.j.3)	If you have an item of baggage (such as a musical instrument) larger or heavier than the maximum dimensions and weight for unchecked baggage but unsuitable to be carried as checked baggage, British Airways will carry it in the aircraft cabin if: you told British Airways before you checked in that you wanted to take it into the aircraft cabin British Airways agreed with you before you checked in to carry it in the aircraft cabin and you have paid them any extra charge that applies for this service. Please ask British Airways or British Airways' authorised agents for details of British Airways' charges.
	8.k)	Collecting and delivering baggage checked into the hold
		8.k.1)	Unless clause 8i3 applies, you must collect your checked baggage as soon as British Airways have made it available at your place of destination or stopover. If you do not collect it within a reasonable time, British Airways may charge you a storage fee. If you do not claim your checked baggage within three months from the date British Airways make it available, British Airways 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, British Airways will deliver the baggage to them only if they can prove to that the baggage is theirs.
	8.l)	Animals On some services British Airways do not carry animals. If British Airways agrees to carry your animals, British Airways will carry them subject to the following conditions: Assistance dogs accompanying passengers with a disability can be taken into the aircraft cabin if applicable laws permit it and if the necessary arrangements are in place at the relevant airports. Assistance dogs accompanying passengers with a disability will be carried free save that British Airways may make a charge if an adjacent seat has to be withdrawn from use to accommodate a passenger with a disability and an accompanying assistance dog. Assistance dogs which cannot be taken into the aircraft cabin, pet dogs and pet cats will be carried as checked baggage or as cargo, according to British Airways' policy at the relevant time. All other animals must be carried as cargo. British Airways will only carry animals if it would be legal for them to arrive at your place of destination or transit point. Except for assistance dogs accompanying passengers with disability, animals and their containers accepted as checked baggage will not be part of your free baggage allowance and you will have to pay an excess baggage charge for them. You must make sure that all animals travelling as checked baggage are put in proper, adequate and secure containers. If you fail to do this, British Airways may decide not to carry the animals. You must present to British Airways all health and vaccination certificates, entry permits, transit permits, exit permits and other documents needed for the animals. If you fail to do this, British Airways may decide not to carry the animals. Unless carrying the animals is covered by the liability rules of the convention, British Airways will not be responsible for their loss, sickness, injury or death unless British Airways have been negligent. British Airways is not liable to you for any loss you suffer because you do not have the health and vaccination certificates, entry permits, transit permits, exit permits and other documents needed for your animals. You must repay to British Airways any fines, costs, charges, losses or liabilities British Airways have paid or suffered because you did not have these documents. From time to time British Airways adopts regulations for carrying animals. Please ask British Airways or British Airways' authorised agents for a copy.

9.	Schedules, remedies for delays and cancellations and denied boarding compensation
	9.a)	Schedules
		9.a.1)	The flight times shown in British Airways' timetables may change between the date of publication and the date you actually travel. British Airways do not guarantee these flight times to you and they do not form part of your contract of carriage with them.
		9.a.2)	Before British Airways accepts your booking, British Airways or British Airways' authorised agents will tell you the scheduled departure time of your flight and it will be shown on your ticket or itinerary and receipt. British Airways 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 for your flight. If you give us or British Airways' authorised agents contact information, British Airways or they will try to let you know about any changes.
		9.a.3)	If, after you buy your ticket: British Airways make a significant change to the scheduled departure time of your flight; you find this change unacceptable; and British Airways or British Airways' authorised agents cannot book you on another flight which you are prepared to accept; British Airways will give you an involuntary fare refund.
	9.b)	Remedies for delays and cancellations
		9.b.1)	British Airways 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: by another aircraft by another airline or by both.
		9.b.3)	If British Airways: cancels a flight; delays a flight by five hours or more; fails to stop at your place of stopover or destination; or cause you to miss a connecting flight on which you hold a confirmed reservation; you can choose one of the three remedies set out immediately below: Remedy 1 British Airways will carry you as soon as British Airways can to the destination shown on your ticket on another of British Airways' scheduled services on which a seat is available in the class of service for which you have paid the fare. If British Airways do this, British Airways will not charge you extra and where necessary, will extend the validity period of your ticket. Remedy 2 British Airways will carry you to the destination shown on your ticket in the class of service for which you have paid the fare at a later date at your convenience and within the validity period of your ticket on another of British Airways' scheduled services on which a seat is available. If British Airways do this, British Airways will not charge you extra. Remedy 3 British Airways will give or obtain for you an involuntary fare refund. British Airways will give you additional assistance, such as compensation, refreshments and other care and reimbursement, if required to do so by any law which may apply. British Airways will have no further liability to you.
	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, British Airways will pay you compensation and provide refreshments and other care 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 British Airways exercises British Airways' right to refuse to carry you under clause 5d3 or 7.

10.	Refunds of fares, surcharges, taxes, fees and charges
	10.a)	General
		10.a.1)	British Airways will refund the fare and any surcharge for your ticket, or any unused part of it and any taxes, fees and charges, as set out in British Airways' fare rules and tariffs.
		10.a.2)	Unless British Airways says otherwise, British Airways 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 British Airways that you are the person who paid for the ticket.
		10.a.4)	Unless you are applying for a refund on a lost ticket, British Airways will only make the refund if you first give them the ticket and all unused flight coupons.
	10.b)	Involuntary fare refunds
		10.b.1)	British Airways will pay fare refunds as set out below if British Airways: cancels a flight makes a significant change to a flight time which is not acceptable to you delays a flight by five hours or more fails to stop at your place of destination or stopover causes you to miss a connecting flight on which you held a confirmed reservation or refuses to carry you because a banning notice is in force against you.
		10.b.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 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 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 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 10b, 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 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 a lost ticket
		10.d.1)	If you lose your ticket or part of it, British Airways will, if you give them satisfactory proof of the loss and pay a reasonable administration fee, give you a refund as soon as possible after the validity period of the ticket expires. British Airways will only do this if: the lost ticket, or part of it, has not been used, previously refunded or replaced (unless the use, refund or replacement by or to someone else resulted from British Airways' own negligence) and the person to whom the refund is made agrees to repay British Airways the amount British Airways refund if British Airways later discover fraud. This will not apply if any fraud or use by someone else resulted from British Airways' negligence.
		10.d.2)	If British Airways or British Airways' authorised agents lose the ticket or part of it, British Airways will be responsible for any loss.
	10.e)	British Airways' right to refuse a fare refund
		10.e.1)	British Airways 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)	British Airways may decide to refuse to give you a refund if, when you arrived in a country, you presented your ticket to them or to government officials as evidence of your intention to leave that country, unless you can prove to them that: you have permission to stay in the country or you will be leaving the country on another airline or on another form of transport.
	10.f)	Currency British Airways will pay you a refund in the same way and in the same currency that you used to pay for the ticket, unless British Airways agrees otherwise. For example, if you paid in US dollars by credit card, British Airways will make a refund in US dollars to your credit card account.
	10.g)	Voluntary fare refunds are made only by the carrier who issued the ticket British Airways will only give you a voluntary fare refund if British Airways or British Airways' authorised agents issued the ticket and British Airways or they have authorised the refund.

11.	Behaviour on the aircraft
	11.a)	Unacceptable behaviour If, while you are on board the aircraft, British Airways reasonably believes that you have: put the aircraft, or any person in it, in danger deliberately interfered with the crew in carrying out their duties failed to obey the instructions of the crew relating to safety or security failed to obey the seat-belt or no-smoking signs committed a criminal offence allowed your physical or mental state to become affected by drink or drugs failed to obey the crew's instructions relating to drink or drugs made a hoax bomb or other security threat threatened, abused or insulted the crew or other passengers behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers or behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers British Airways may take any measures British Airways think reasonable to prevent you continuing your behaviour. When the aircraft lands, British Airways may decide to: make you leave the aircraft refuse to carry you on the remaining sectors of the journey shown on your ticket and report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed.
	11.b)	Diversion costs caused by unacceptable behaviour If, as a result of your behaviour, British Airways divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay them the reasonable and proper costs of the diversion.
	11.c)	Using electronic devices on board the aircraft For safety reasons, British Airways may decide not to allow you to use electronic devices when you are on board the aircraft, including: mobile phones laptop computers personal recorders personal radios MP3, cassette and CD players electronic games or transmitting devices (for example, radio-controlled toys and walkie-talkies). You must not use these items when British Airways has told you that they are not allowed. British Airways will allow you to use hearing aids and heart pacemakers.

12.	Services provided by other companies
	12.a)	If British Airways: arranges for another company (such as a tour operator, a train company, a ferry or a hotel) to provide land or sea transport or other services for you or issue you with a ticket or voucher relating to land or sea transport or other services British Airways is only acting as your agent in making the arrangements or issuing the ticket. The terms and conditions of the company providing those services will apply.
	12.b)	If British Airways is also providing land or sea transport for you, specific conditions (not these conditions of carriage) will apply to that transport. Please ask British Airways or British Airways' authorised agents for a copy of these specific conditions.

13.	Travel documents, entry requirements, customs inspection and security screening
	13.a)	General
		13.a.1)	You (not British Airways) must: check the relevant entry requirements for any country you are visiting and present to British Airways all passports, visas, health certificates and other travel documents needed for your journey.
		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)	British Airways will not be liable to you if: you do not have all necessary passports, visas, health certificates and other travel documents your passport, visa, health certificates or other travel documents are invalid or out of date or you have not obeyed all relevant laws.
	13.b)	You must present to British Airways valid passports, visas, health certificates and other travel documents Before you travel, you must present to British Airways all passports, visas, health certificates and other travel documents you need for your journey. If British Airways asks, you must: allow them to take and keep copies of them and deposit your passport or equivalent travel document with a member of the crew of the aircraft for safe custody until the end of the flight.
	13.c)	What happens when you are refused entry to a country If you are refused entry to a country, you must pay: any fine, penalty or charge imposed on British Airways by the government concerned any detention costs British Airways is charged the fare for transporting you back to your place of departure and any other costs British Airways reasonably pays or agrees to pay. British Airways will not refund to you the fare for carrying you to the place where you were denied entry.
	13.d)	You must repay British Airways fines, detention costs and other charges If British Airways has 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 to which you have travelled to or to produce the necessary documents needed by that country, you must repay British Airways the amount British Airways paid as a result. British Airways may take this amount from the value of any unused part of your ticket, or any of your money British Airways has in their possession.
	13.e)	Customs inspection If necessary, you must be present when your baggage is inspected by customs or other government officials. British Airways will not be liable to you for any damage you suffer in the course of an inspection or because you are not present.
	13.f)	Security screening You must allow British Airways, government officials, airport officials, or other carriers to carry out security screening of you or your baggage.

14.	Successive carriers
	14.a)	If British Airways and other carriers are involved in performing carriage for you under one ticket, or under a conjunction ticket, British Airways 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 British Airways' 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)	Applicable laws British Airways' liability for the carriage of passengers and baggage is governed by the convention. This clause 15 sets out the limits on British Airways' liability and summarises the liability rules applied by them under the convention but if it is inconsistent with the convention or other applicable laws, the convention or other applicable laws will override this clause 15.
	15.d)	British Airways' liability for the death wounding or other bodily injury of passengers.
		15.d.1)	British Airways' liability for proved damages sustained in the event of death, wounding or any other bodily injury by a passenger in the event of an accident shall not be subject to any financial limit.
		15.d.2)	For any damages up to and including the sum of the equivalent of 113,100 SDRs (approximately £82,000), British Airways shall not exclude or limit British Airways' liability.
		15.d.3)	Notwithstanding the provisions of clause 15d2, if British Airways prove that the damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the injured or deceased passenger or of the person claiming compensation British Airways may be exonerated wholly or partly from British Airways' liability in accordance with applicable laws.
		15.d.4)	To the extent that damages under this clause 15d may potentially exceed 113,100 SDRs (approximately £82,000) they will be reduced accordingly if British Airways prove that the damage was not due to the negligence or other wrongful act or omission of British Airways or British Airways' agents or that the damage was solely due to the negligence or other wrongful act or omission of a third party.
		15.d.5)	British Airways shall, without delay and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered.
		15.d.6)	Without prejudice to clause 15d5, an advance payment shall not be less than the equivalent of 16,000 SDRs (approximately £13,000) per passenger in the event of death.
		15.d.7)	An advance payment shall not constitute recognition of British Airways' liability.
		15.d.8)	An advance payment may be offset against any subsequent sums paid on the basis of British Airways' liability.
		15.d.9)	An advance payment is not returnable, except in the cases described in clause 15d3, 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)	British Airways is not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
	15.e)	British Airways' liability for damage to baggage
		15.e.1)	British Airways is not liable for damage to unchecked baggage (other than damage caused by delay which is covered by clause 15e4 below), unless the damage was caused by British Airways' negligence or the negligence of British Airways' agents.
		15.e.2)	British Airways' liability for damage to your baggage, including damage caused by delay, is limited by the convention to 1,131 SDRs (approximately £820) except where you prove that the damage resulted from an act or omission by British Airways or British Airways' agents carried out either: with the intention of causing damage; or recklessly and with knowledge that damage would probably result, and you prove that British Airways' employees or agents responsible for the act or omission British Airways were acting within the scope of their employment.
		15.e.3)	If you complete a special declaration of higher value at check-in and pay the applicable fee, British Airways' liability shall be limited to the higher declared value.
		15.e.4)	British Airways is not liable for damage to baggage caused by delay if British Airways prove that British Airways and British Airways' agents took all reasonable measures to avoid the damage or that it was impossible for British Airways or British Airways' agents to take such measures.
		15.e.5)	British Airways is 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 British Airways' property.
		15.e.7)	British Airways is 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, or passports and other identification documents.
		15.e.8)	British Airways is not liable in any way whatever 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)	British Airways' liability for damage caused by delay to passengers
		15.f.1)	British Airways' liability for damage caused to a passenger by delay is limited by the convention to 4,693 SDRs (approximately £3,500).
		15.f.2)	British Airways is not liable for damage to passengers caused by delay if British Airways proves that British Airways and British Airways' agents took all reasonable measures to avoid the damage or that it was impossible for British Airways or British Airways' agents to take such measures.
	15.g)	General
		15.g.1)	If British Airways: issues a ticket for you to be carried on another carrier; or checks in baggage for carriage on another carrier; British Airways does so only as agent for that carrier. 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)	British Airways is not liable for any damage arising from the fact that: British Airways has obeyed laws or government rules and regulations; or you have not obeyed laws or government rules and regulations.
		15.g.3)	Except where these conditions of carriage say differently, British Airways is liable to you only for compensatory damages which you are entitled to recover for proven losses and costs under the convention.
		15.g.4)	British Airways' contract of carriage with you (including these conditions of carriage and exclusions or limits of liability) applies to British Airways' agents, servants, employees and representatives in the same way as it applies to British Airways. As a result, the total amount you can recover from British Airways and British Airways' agents, servants, employees and representatives will not be more than the total amount of British Airways' own liability, if any.
		15.g.5)	Unless British Airways say otherwise, nothing in these conditions of carriage gives up any exclusion or limitation of liability to which British Airways is entitled under the convention or any laws which may apply.
		15.g.6)	Nothing in these conditions of carriage: prevents British Airways from excluding or limiting British Airways' liability under the convention or any laws which apply; or gives up any defense available to us under the convention or any laws which apply; against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a passenger.

16.	Time limits for baggage complaints
	16.a)	If you receive checked baggage without making a complaint, it will be sufficient evidence that it was delivered in good condition. If the person with a baggage check or a baggage identification tag 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 seven days of receiving the baggage If your checked baggage is damaged, you must complain in writing to British Airways immediately you discover the damage and at the latest, within 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 days of the baggage being made available to you If your checked baggage is delayed, you must complain in writing to us within 21 days at the latest of the checked baggage being made available to you.

17.	Actions for damages must be brought within two years
	17.a)	You will have no right to damages if an action is not brought within two years calculated from: the date of arrival at the place of destination the date on which the aircraft ought to have arrived or the date on which the carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard.

18.	Passengers with a disability
	18.a)	General and Reservations
		18.a.1)	If you are a passenger with a disability and you require any special assistance, you should inform British Airways at the time of booking of your special needs.
		18.a.2)	If you are a passenger with a disability British Airways will carry you where arrangements have been made to provide for your special needs. If you do not inform British Airways at the time of booking of your special needs, British Airways will nevertheless use reasonable efforts to accommodate your special needs.
	18.b)	Seating All the rules of seating in clause 5e 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 8l, 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 British Airways 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)	Baggage
		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).
	18.e)	Stretchers British Airways reserve the right to cease accepting passengers who must travel on a stretcher on any flight.

19.	British Airways' regulations
	19.a)	When British Airways carries you and your baggage you must obey British Airways' regulations. These concern, among other things: unaccompanied children passengers with a disability pregnant women and sick passengers carrying animals restrictions on using electronic devices on board the aircraft smoking and drinking alcohol on board the aircraft forbidden items in baggage and limits on the measurements, size and British Airways weight of baggage.

flight cancellation compensation

Flight cancellation and long delays: notification of rights under ec regulation no 261/2004 (as required by article 14.2)
British Airways, its subsidiaries and franchisees make every effort to operate to their published schedules. There are occasions however, where it is not possible to do so and a flight may be delayed or cancelled. This notification informs you of your rights under EC Regulation No 261/2004 should this happen; it does not give you any additional contractual rights. This law is applicable to all passengers departing from an airport within the EU and to all passengers travelling into an EU Member State on an EU carrier unless they have received assistance in the country of departure. It is the operating carrier's responsibility to meet these requirements. This notification also explains how to claim compensation or a refund or reimbursement under this law in respect of a flight operated by British Airways Plc or a British Airways franchisee operating BA flights in or into Europe.

Right to re-routing or refund of part(s) of the journey not flown
Passengers whose flight is cancelled, shall have the choice of either:

Re-routing, under comparable transport conditions, to the final destination of the ticket presented at check-in at the earliest opportunity or at a later date at the passenger's convenience, subject to availability; or
A refund payable to the person who purchased the ticket. This applies to the part or parts of the journey not flown.

If your flight is delayed for five hours or more, the purchaser of your ticket is entitled to a refund for the part or parts of the journey not flown.

Right to reimbursement of part(s) of the journey already flown that no longer serve any purpose in relation to the passenger's original travel plans
If a cancellation or delay of five hours or more disrupts a connecting journey for which you hold a through ticket (with a planned connection time of 24 hours or less) and you no longer wish to continue to your destination, the operating carrier will provide a return flight to the original point of departure at the earliest opportunity as well as refunding the parts of the journey not flown. If you choose not to continue with your journey and decide to return to your point of departure, the purchaser of your ticket is entitled to receive a reimbursement for the part(s) of the journey which were flown, providing that you can prove that the journey no longer serves any purpose in relation to your original travel plans. To obtain a reimbursement of a flown sector, the purchaser of the ticket must make the claim at the same time as claiming the refund of the un-flown sectors.

How to claim a refund/reimbursement
To apply for a refund of unused parts of your journey or reimbursement of the parts of the journey flown, please contact the office where your ticket was purchased. If you have booked by ba.com or kulula.com, check online for contact details. You will need to provide in writing your name and contact details, ticket number, booking reference, flight number, date and details of the claim you are making and supporting documents (e.g. unused ticket coupons).

Right to care
Where a flight has been cancelled, or is subject to a long delay, passengers are entitled to refreshments and meals in a reasonable relation to their waiting time as British well as means of contacting two people outside the airport. These provisions apply according to the duration of the expected delay and the distance of the flight as follows:

Delay of two hours or more for flights of 1500 km or less
Delay of three hours or more for all flights within the EU of more than 1500 km and all other flights between 1500km and 3500 km
Delay of four hours or more for all other flights.

In addition, the operating carrier will provide hotel accommodation if necessary and provide transport between the airport and place of accommodation. Passengers will be advised of the arrangements for obtaining refreshments, transport and hotel accommodation, by the carrier.

Right to compensation for cancelled flights (not including long delays)
Where you are informed of a cancellation less than fourteen days before the planned departure date that arises from causes within the carrier's control (rather than extraordinary circumstances which could not have been avoided by all reasonable measures) you may claim compensation unless you are offered a re-route which allows departure and arrival at your final destination within the following times:

If you are informed of the cancellation between thirteen and seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival; or
If you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than one hours before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival.

The levels of compensation are specified as follows:

EUR 250 for flights of 1500 km or less
EUR 400 for flights within the EU of more than 1500 km and for all other flights between 1500km and 3500 km
EUR 600 for all other flights.

Compensation is reduced by 50% if any re-routing offered to your final destination results in a scheduled arrival time which does not exceed the scheduled arrival time of the original flight by:

Two hours for flights of 1500 km or less
Three hours for all flights within the EU of more than 1500 km and for all other flights between 1500km and 3500 km
Four hours for all other flights.

Please note that passengers are not entitled to compensation if they have been informed of a cancellation fourteen days or more before the planned departure date. Passengers will be informed of cancellations via the contact details given to the operating carrier with the booking by the passenger, the purchaser of the ticket or the travel agent.

How to claim compensation
To make a claim for compensation (excluding flights operated by Sun Air, BA8200- 8299) please contact British Airways Customer Relations on-line at http://ba.com/euclaim. The person making the claim must be one of the passengers. Alternatively, claimants can write, to British Airways Customer Relations, EU Compensation Claims, PO Box 5619, Sudbury, Suffolk, CO10 2PG, United Kingdom.
To make a claim for compensation for a flight operated by Sun Air, write to Sun Air of Scandinavia A/S, Customer Relations, Cumulusvej 10, Billund, DK-7190, Denmark.
Claimants must supply their name and contact details, the names of other passengers being claimed for and their contact details, booking reference and details of the cancelled flight. Claims can cover up to a total of six passengers provided that they have the same surname, are in the same booking and have travelled the same journey.
Please note British Airways is unable to process your claim for compensation at the airport.

Eligibility
To be eligible for any of the rights listed above passengers must have a confirmed reservation on the flight (or have been transferred by us onto the flight from another flight on which they had a confirmed reservation) and be in possession of a paper ticket or e-ticket itinerary receipt (or, for UK tour operator bookings, an ATOL receipt specifying the flight). In addition, passengers' rights in respect of a delay only arise if they have presented themselves for check-in in good time. If you do have any complaints regarding your ability to exercise your rights, please contact British Airways' customer relations department. In the event that your complaint is still not answered to your satisfaction, you may contact the Air Transport Users Council, CAA HOUSE, 45-59 Kingsway, London WC2B 6TE, United Kingdom.

airline alliances

British Airways has arrangements with a number of other airlines to extend the number of destinations they offer and enhance the benefits to you. When you fly with these airlines, you will enjoy similar levels of service and the high standards that you expect from British Airways. When you book at ba.com or kulula.com or through any other booking method, we will advise you if you will be travelling with another airline.

Oneworld Alliance

As a member of the Oneworld alliance, British Airways offers you an extended route network of around 700 destinations
Oneworld carriers provide global support on the ground and in the air to British Airways' customers
Additionally British Airways' Executive Club members can enjoy greater rewards and privileges
British Airways is a member of Oneworld together with American Airlines, Cathay Pacific, Finnair, Iberia, Japan Airlines, Lan Airlines, Malév, Qantas and Royal Jordanian.
Find out more about Oneworld at www.oneworld.com.

Franchise partners
British Airways has relationships with independent airlines based in the UK, South Africa and Scandinavia that use the British Airways name, livery and flight code. They all operate to British Airways' high standards of customer service, quality and hospitality.

Find out more about our Franchises

Codeshare partners

British Airways also operates 'codeshare' routes with partner airlines
Codeshare flights have two codes - the British Airways flight number, as appears on your ticket, and the flight number of the partner airline operating the service
Whenever you book online or via any other booking method, you will be advised which airline operates the flight
British Airways offers codeshare services on selected routes with all oneworld member airlines as well as routes with Aer Lingus, SN Brussels Airlines and Flybe. Subject to regulatory approval, a codeshare service with bmi will begin on the 28th October 2007.
British Airways works closely with the airlines to provide a level of service that closely matches our own, wherever possible

BA Cityflyer
BA Cityflyer is a wholly owned subsidiary of British Airways and operates all UK and European services to and from London City airport.

Find out more about our Domestic and European Services (Travel Classes)

OpenSkies
OpenSkies is a wholly owned subsidiary of British Airways, which has been created to take advantage of the recently liberalised air service agreement between Europe and the United States.
OpenSkies will leverage the best of BA, including Executive Club benefits, while implementing new products and services to produce a unique and differentiated customer experience and operate non stop service between major cities in Europe and New York flying a 757 aircraft with only 82 seats in a three-class configuration.

BA Cityflyer Executive club and our airline partners
If you are a member of British Airways' Executive Club, you will also receive a number of benefits when travelling with oneworld, franchise or codeshare partner airlines as well as partnerships with Alaska Airlines, Aer Lingus, Brussels Airlines and Caribbean Airlines. Benefits include the opportunity to collect and spend mileage.

franchises

A franchise service means that you fly with an independent airline, which operates to British Airways own high standards of customer service, quality and hospitality.

British Airways' franchises specialise in specific routes and regions extending their network, offering you greater choice and flexibility.
They use British Airways' name, livery and flight code.

Find out who British Airways' franchises are, where they fly, what flight number they use and the aircraft that they operate.

Franchises
Airline	Flight number range	Aircraft operated
Comair Pty Ltd Based in Johannesburg, operating to destinations in Southern Africa including Cape Town, Durban, Port Elizabeth, Harare, Livingstone, Victoria Falls and Windhoek.	BA6200-6449	Boeing 737
Loganair Ltd Based in Glasgow operating an extensive internal Scottish network, as well as flights to Ireland and the Isle of Man. Note: British Airways franchise agreement with Loganair Ltd finishes on 25 October 2008 and as of 26 October 2008 British Airways will codeshare on a number of connecting routes via Aberdeen, Edinburgh and Glasgow. Customers booked to travel up to and including 25 October 2008 are unaffected.	BA8771-8999	SAAB 340BDH 6 Twin Otter ATP
Sun-Air of Scandinavia A/S Based in Billund, operating flights from Denmark to destinations including Brussels, Stockholm, Gothenburg, Oslo, Manchester, Dusseldorf, Paris and Helsinki.	BA8200-8299	Jetstream 31/32 Dornier 328

travel classes

First class
Discover the meaning of an exclusive travel experience when you fly First. Relax in the calm, luxurious surroundings as British Airways' dedicated staff look after you. From the moment you check in to the moment you land at your destination, First is the ultimate way to travel. If you demand the best in every aspect of your life, the choice is simple: fly First.

Business class
Whether you're travelling for business or pleasure, British Airways' business class flights promise a smoother experience. On your next long haul journey, arrive refreshed when you fly Club World - and enjoy unparalleled comfort, privacy and personal control. And if you're travelling on a short haul flight, Club provides the seclusion and space you need to work, sleep or relax.

Premium economy class
Treat yourself to a special trip by travelling in British Airways' premium economy cabin, World Traveller Plus. From friendly and efficient service to wider seats and more space on board, World Traveller Plus delivers the high standards you expect from British Airways. Make it your choice for a more comfortable, relaxing journey.

Economy class
Fly World Traveller with British Airways on your next longhaul flight and enjoy comfortable surroundings, friendly service and convenient flights to major cities - all for a price that's within your budget. On shorthaul economy class flights, expect value for money and low stress air travel when you fly Traveller.

legal - British Airways domestic flights

Tue, 19 Jun 2012 16:02:12 GMT

Introduction
Comair Limited trading as British Airways - General conditions of carriage for passengers and baggage

introduction

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: The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below as the Warsaw Convention). The Warsaw Convention as amended at The Hague on 28 September 1955. The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975). The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975). The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975) The Guadalajara Supplementary Convention (1961). The Convention for the Unification of Certain rules for International Carriage by Air, signed at Montreal, 28 May 1999 (referred to below as the Montreal Convention).
	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: on the same flight from that airport; on a connecting flight from that airport; or on a connecting flight from another airport; or on an onward flight from that Airport.
	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
	2.a)	General Except where Clause 2c says otherwise, these conditions of carriage will apply to all flights we operate under the BA Airline designator code and to any case where we have a legal liability to you in relation to your flight. These conditions of carriage apply to gratuitous and reduced fare tickets and to other services incidental thereto except to the extent that we have provided otherwise in our regulations or in the relevant contracts, passes or tickets. These conditions of carriage apply to all our business activities, including but not limited to charter operations and services incidental thereto, but excludes all flights on the services of kulula.com, for which different Conditions of Carriage for Passenger and Baggage apply.
	2.b)	Codeshares 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.
	2.f)	Franchise 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.	Tickets
	3.a)	General
		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: the flight coupon for that flight; all other unused flight coupons, and the passenger coupon. 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. If you are travelling on an electronic ticket, you will not be entitled to be carried on a flight unless the electronic ticket was issued in your name and you can prove to us that you are the person named on it.
		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 : one year from the date it is issued; or one year from the date you first travelled using the ticket, as long as your first flight took place within a year of the ticket being issued.
		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 : extend the validity period of the ticket; or give you a voluntary fare refund.
		3.b.3)	If, after beginning your journey: you become ill; your illness prevents you from travelling on your next flight within the validity period of your ticket; and you want us to extend the validity period so that you can continue your journey; you must give us a medical certificate. The certificate must : state the facts relating to your illness; and confirm the date you will be fit to travel again ("the recovery date"). When we receive the certificate, we may decide to extend the validity period until either the recovery date as long as there is a seat available on the relevant flight in the class of service for which you have paid the fare; or if not, the first date after the recovery date when a seat will be available. If the flight coupons left on your ticket involve one or more stopovers, we may decide to extend the validity period up to a maximum of three months from the recovery date. If other members of your immediate family were travelling with you when you fell ill, we will extend the validity period of their tickets for a similar period.
		3.b.4)	If: a passenger dies during their journey; and other passengers are travelling in the same party as the dead passenger: We may decide to do either, or both, of the following: We will not enforce any minimum stay conditions which apply to the tickets of members of the party; We will extend the validity period of their tickets.
		3.b.5)	If: you have begun your journey; a member of your immediate family dies; and you have supplied us with a copy of the death certificate, We may decide to change your ticket and those of your immediate family travelling with you by doing either or both of the following: We will not enforce any minimum stay conditions relating to the tickets; We will extend the validity period of the tickets. We will not extend the validity period of the tickets for more than 45 days after the date of death.
	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: We or our authorised agents have recalculated the revised fare for your actual transportation; and You have paid the difference (if any) between the fare you have already paid and the revised fare which applies to your changed transportation. If the revised fare is lower than the fare you have already paid, we or our authorised agents will refund you the difference.
		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.
	3.d)	Replacement Tickets If you ask, we will replace your ticket with a new ticket if: Your ticket is spoilt, torn, damaged or has been altered or tampered with. We will only do this if: We or our authorised agents issued the original ticket; You sign an agreement to repay us any costs and losses, up to the value of the original ticket, which we or another airline would suffer as a result of the ticket being misused; and You prove that you had a valid ticket. We will not claim from you any losses which result from our own negligence. We may charge a reasonable administration fee for issuing a new ticket, unless the loss or damage was caused by us or our authorised agents. If you have lost your ticket or part of it; you do not have your ticket with you and so cannot present it to us or one or more unused flight coupons or the passenger coupon (or both) are missing from your ticket; or you cannot prove that you had a valid ticket; you do not sign an agreement; We will ask you to pay up to the full ticket price of the replacement ticket. We will give you a refund if and when we are satisfied that the original ticket has not been used before its validity period ran out. If you find the original ticket before its validity period runs out and give it to us, we will give you a refund at that time. 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 If: you are a consumer; and you have been prevented from travelling by events beyond your control; and all or part of the fare for your ticket is non-refundable; We will give you a credit for the non-refundable part of the fare. We will do this if you: have a completely unused ticket; have told us promptly about the events beyond your control; and have given us evidence of these events. The credit can be used for future travel on us by you or any person you choose. We may take a reasonable fee from the credit to cover our administration costs.
	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: your ticket has been issued as part of a package to which the Package Travel, Package Holidays, Package Tours Regulations 1992 S1 1992/3288 as amended (the Regulations) apply; you want to transfer your booking under Regulation 10 of the Regulations; you prove to us or our authorised agents that you have satisfied the requirements of Regulation 10 and are entitled to transfer the booking; you give us or our authorised agents reasonable notice of your intention to transfer the booking before your date of departure; you give us or our authorised agents the full name, address and contact number of the person to whom you want the new ticket to be issued; you deliver your ticket to us or our authorised agents; and you pay us or our authorised agents a reasonable administration fee for issuing the new ticket.
	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.
	4.c)	Currency 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.	Reservations
	5.a)	General
		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)	Personal Information
		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: making a reservation and issuing a ticket; providing you with your transportation and any related services and facilities; accounting, billing and auditing; checking credit or other payment cards; immigration and customs control; security, administrative and legal purposes; statistical analysis; operating frequent flyer programmes; system testing, maintenance and development; customer relations; helping us in any future dealings with you; and direct marketing and market research (which we will only do at your request or with your consent, or if we give you the opportunity to opt out).
		5.c.2)	For these purposes we may release your personal information to: our subsidiary companies; carriers and other companies involved in providing your transportation or related services and facilities; our franchisor and its Oneworld partner airlines; data processors; our agents; government and enforcement agencies; and credit and other payment card companies and screening companies.
	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: unaccompanied children; pregnant women; passengers who are ill; if arrangements to carry them have not been made before check-in.
	5.e)	Seating
		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)	Reconfirming reservations
		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
	6.a)	Check-in deadlines 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.	Baggage
	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.
	8.b)	Excess baggage 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). items you are forbidden from carrying by law. items you are forbidden from carrying by our regulations. items likely to put the aircraft or people or property on board the aircraft in danger. These include the items shown in "The International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air" and the "International Air Transport Association (IATA) Dangerous Goods Regulations." items which we reasonably consider unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, we will take account of the type of aircraft being used. If we discover that you are carrying forbidden items, we will refuse to carry them. Please ask us or our authorised agents for information about forbidden items if you need it.
	8.d)	Firearms
		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 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: money; jewellery; precious metals; computers; personal electronic devices; share certificates, bonds and other valuable documents; business documents or samples; or passports and other identification documents. If, despite the fact that an item is forbidden under Clause 8c, 8e or 8f, you include it in your baggage, we will not be responsible for any loss or damage caused to it.
	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: fit under the seat in front of you; or fit in an enclosed storage compartment in the cabin of the aircraft.
		8.j.2)	If: your unchecked baggage is larger than the maximum dimensions or weights; does not fit under the seat in front of you or in an enclosed storage compartment; or We decide it is not safe, you must check it in as checked baggage.
		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: you told us before you checked in that you wanted to take it into the aircraft cabin; we agreed with you before you checked in to carry it in the aircraft cabin; you have paid us an extra charge that applies for the service; and there is space available. Please ask us or our authorised agents for details of our charges.
	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.
	8.l)	Animals 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: Only assistance dogs accompanying passengers with a disability can be taken into the aircraft cabin. Assistance dogs will be carried free save that we may make a charge if an adjacent seat has to be withdrawn from use to accommodate a passenger with a disability and accompanying assistance dog. We will carry domestic pet animals as part of your checked baggage or as cargo, according to our policy at the relevant time. All other animals must be carried as cargo.
		8.l.2)	On international flights (by which we mean all flights other than domestic flights) the following will apply: Assistance dogs accompanying Passengers with a disability can be taken into the aircraft cabin if applicable law permits it and if the necessary arrangements are in place at the relevant airports. Assistance dogs accompanying passengers with a disability will be carried free save that we may make a charge if an adjacent seat has to be withdrawn from use to accommodate a passenger with a disability and an accompanying assistance dog. Assistance dogs which cannot be taken into the Aircraft cabin, pet dogs and pet cats will be carried as checked baggage or as cargo, according to our policy at the relevant time. All other animals must be carried as cargo. We will only carry animals if it would be legal for them to arrive at your place of destination or transit point.
		8.l.3)	On all flights (by which we mean both domestic and international) the following will apply. Except for assistance guide dogs accompanying passengers with a disability, animals and their containers accepted as checked baggage will not be part of your free baggage allowance and you will have to pay an excess baggage charge for them. You must make sure that all animals travelling as part of your checked baggage are put in proper, adequate and secure containers. If you fail to do this, we may decide not to carry the animals, or, if we do carry them, we will not be liable to you for any loss you suffer. You must present to us all health and vaccination certificates, entry permits, transit permits, exit permits and other documentation needed for the animals. If you fail to do this, we may decide not to carry the animals. Unless carrying the animal is covered by the liability rules of the Convention, we will not be responsible for their loss, sickness, injury or death unless we have been grossly negligent. We are not liable to you for any loss you suffer because you do not have the health and vaccination certificates, entry permits, transit permits, exit permits and other documents needed for your animals. You must repay to us any fines, costs, charges, losses or liabilities we have paid or suffered because you did not have these documents. It is your responsibility to ensure that the animals are suitably sedated so as to enable them to undertake the flight without anxiety or stress. From time to time we adopt regulations for carrying animals. Please ask us or our authorised agents for a copy.


9.	Schedules, remedies for delays and cancellations and denied boarding compensation
	9.a)	Schedules
		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: we make a significant change to the scheduled departure time of your flight; you find this change unacceptable; and we or our authorised agents cannot book you on another flight which you are prepared to accept; We will give you an involuntary fare refund.
	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: by another aircraft; by another airline; or by both.
		9.b.3)	If we: cancel a flight; delay a flight by 5 (five) hours or more; fail to stop at your place of stopover or destination; or cause you to miss a connecting flight on which you hold a confirmed reservation; you can choose one of three remedies set out immediately below. Remedy 1 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. Remedy 2 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. Remedy 3 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)	General
		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: cancel a flight; make a significant change to a flight time which is not acceptable to you; delay a flight by 5 (five) hours or more; fail to stop at your place of destination or stopover; cause you to miss a connecting flight on which you hold a confirmed reservation; or refuse to carry you because a banning notice is in force against you.
		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: the lost ticket, or part of it, has not been used, previously refunded or replaced (unless the use, refund or replacement by or to someone else resulted from our own negligence); and the person to whom the refund is made agrees to repay us the amount we refund if we later discover fraud. This will not apply if any fraud or use by someone else resulted from our negligence.
		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: you have permission to stay in the country; or you will be leaving the country on another airline or on another form of transport.
	10.f)	Currency 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
	11.a)	Unacceptable behaviour If, while you are on board the aircraft, we reasonably believe that you have: put the aircraft, or any person in it, in danger; deliberately interfered with the crew in carrying out their duties; failed to obey the instructions of the crew relating to safety or security; failed to obey the seat belt or no smoking signs; committed a criminal offence; allowed your physical or mental state to become affected by drink or drugs; failed to obey the crew's instructions relating to drink or drugs; made a hoax bomb threat or other security threat; threatened, abused or insulted the crew or other passengers; behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers; or behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers: We may take any measures we think reasonable to prevent you continuing your behaviour. When the aircraft lands we may decide to: make you leave the aircraft; refuse to carry you on the remaining sectors of the journey shown on your ticket; and report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offence you might have committed.
	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: mobile phones; laptop computers; personal recorders; personal radios; MP3, cassettes and CD players; electronic games; or transmitting devices (for example, radio controlled toys and walkie-talkies). You must not use these items when we have told you that they are not allowed. We will allow you to use hearing aids and heart pacemakers.


12.	Services provided by other companies
	12.a)	If we: arrange for another company (such as a tour operator, a train company, a ferry or a hotel) to provide land or sea transport or other services for you; or issue you with a ticket or voucher relating to land or sea transport or other services; We are only acting as your agent in making the arrangements or issuing the ticket. The terms and conditions of the company providing those services will apply.
	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)	General
		13.a.1)	You (not us) must: check the relevant entry requirements for any country you are visiting; and present to us all passports, visas, health certificates and other travel documents needed for your journey.
		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: you do not have all necessary passports, visas, health certificates and other travel documents; your passport, visa, health certificates or other travel documents are invalid or out of date; or you have not obeyed all relevant laws.
	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: Allow us to take and keep copies of them; and Deposit your passport or equivalent travel document with a member of the crew of the aircraft for safe custody until the end of the flight.
	13.c)	What happens when you are refused entry to a country If you are refused entry to a country, you must pay: any fine, penalty or charge imposed on us by the Government concerned; any detention costs we are charged; the fare for transporting you back to the place of departure; and any other costs we reasonably pay or agree to pay. We will not refund to you the fare for carrying you to the place where you were denied entry.
	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.
	13.e)	Customs inspection 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.
	13.f)	Security screening You must allow us government officials, airport officials, or other carriers to carry out security screening of you or your baggage.


14.	Successive carriers
	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: with the intention of causing damage; or recklessly and with the knowledge that damage would probably result and you prove that our employees or agents responsible for the act or omission were acting within the scope of their employment.
		15.e.3)	For Domestic carriage (carriage wholly within the Republic of South Africa), the following limits will apply: 17 SDRs (US$20) for each kilo of your checked baggage; and 332 SDRs (US T/A BA$400) for all your unchecked baggage. If the weight of your checked baggage is not recorded on the baggage check, we will presume that it is not more than the free baggage allowance for the class of carriage concerned.
		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.
	15.g)	General
		15.g.1)	If we issue a ticket for you to be carried on another carrier; or check in baggage for carriage on another carrier; We only do so only as agent for that carrier. 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: we have obeyed laws or Government rules and regulations; or you have not obeyed laws or Government rules and regulations.
		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: prevents us from excluding or limiting our liability under the convention or any laws which apply; or gives up any defence available to us under the convention or any laws which apply; Against any public social insurance body or any person liable to pay, or who had paid, compensation for the death, wounding or other bodily injury of a passenger.


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: the date of arrival at the place of destination; the date on which the aircraft ought to have arrived; or the date on which the carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard


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.
	18.b)	Seating 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)	Baggage
		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).
	18.e)	Stretchers We reserve the right to cease accepting passengers who must travel on a stretcher in any flight.


19.	Our regulations
	19.a)	When we carry you or your baggage you must obey our regulations. These concern, among other things: unaccompanied children passengers with limited liability; pregnant women and sick passengers; carrying animals; restrictions on using electronic devices on board the aircraft; smoking and drinking alcohol on board the aircraft; forbidden items in baggage; and limits on the measurement, size and weight of baggage.


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.

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article 1. : definitions of particular expressions in these conditions As you read these conditions, please note that:

ARTICLE 2. : APPLICABILITY

2.1

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