Flight Conditions of Carriage
TUI Airways conditions of carriage
Below you'll find the Conditions of Carriage for TUI Airways. There are also links showing you where to find Conditions of Carriage for the other airlines you might fly with when you travel with us. Please read through the relevant conditions for your flights before you book.
As you read these conditions, please note that:
"We", "our" "ourselves" and "us" means TUI Airways Limited.
"You", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft under a Ticket. (See also definition for "Passenger").
"Airline Designator Code" means the two-characters or three letters which identify particular air carriers.
"Authorised Agent" means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation.
"Baggage" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of 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 issued solely for identification of Checked Baggage.
"Carrier" means an air carrier other than ourselves, whose Airline Designator Code appears on your Ticket.
"Checked Baggage" means Baggage of which we take custody and for which we have issued a Baggage Check.
"Conditions of Contract" means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.
"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);
· Guadalajara supplementary Convention (1961) (Guadalajara);
· The Montreal Convention (1999).
"Coupon" means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it.
"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 thereto performed by us.
"Days" mean calendar days provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the date of departure shall not be counted.
"Electronic Coupon " means an electronic flight coupon or other value document held in our database.
"Electronic Ticket " means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.
"Flight Coupon " means that portion of the Ticket that bears the notation "good for passage," or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
"Itinerary/Receipt " means a document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger's name, flight information and notices.
"Passenger" means any person, except members of the crew, carried or to be carried in an aircraft under a Ticket. (See also definition for "you", "your" and "yourself").
"Passenger Coupon or "Passenger Receipt " means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
"SDR" means a Special Drawing Right as defined by the International Monetary Fund.
"Stopover" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
"Tariff" means the published fares, charges and/or related conditions of carriage of an airline.
"Ticket" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.
"Unchecked Baggage " means any of your Baggage other than Checked Baggage.
Article 2 - Applicability
2.1 General
These Conditions of Carriage only apply on flights or flight segments where our name or Airline Designator Code is shown on the Ticket for that flight or flight segment.
2.2 Sub-Charters or Substitute Carrier
There may be times when another carrier needs to operate a flight on our behalf under our Airline Designator Code, by way of a sub-charter. Under exceptional circumstances, we may arrange for another air carrier to carry you under your Ticket. Our Conditions of Carriage will apply to such carriage.
2.3 Overriding Law
These Conditions of Carriage apply unless they are inconsistent with our Tariffs or applicable laws in which case such Tariffs or laws will apply.
If any provision of these Conditions of Carriage is invalid under any applicable law, the other parts shall still remain valid.
2.4 Conditions prevail over Regulations
Except as provided in these Conditions of Carriage, if there is inconsistency between these Conditions of Carriage and any other regulations we may have these Conditions of Carriage will prevail.
Article 3 - Tickets
3.1 General Provisions
We will provide carriage only to the Passenger named in the Ticket, and that Passenger must produce appropriate identification.
The purchased ticket is non-refundable. You will be charged for any changes.
You must make sure that all names and details are correct at the time of booking. You will receive an invoice once your booking is confirmed and should contact us straight away if there is something that you need to correct or if you don’t receive an invoice within 7 days of confirming your booking.
3.2 Amendment Fees
You can make reasonable corrections to incorrect spelling at no charge provided this does not amount to a name substitution.
To change a name, passenger or passenger type:
The change must apply to all segments of the booking.
£25 per person flat fee at any time.
To change date, flight time, airport and/or duration:
29 days or more to departure - 70% of original fare
28-15 days to departure - 90% of original fare
14-0 days to departure - 100% of original fare
3.3 Period of Validity
Except as otherwise provided in the Conditions of Carriage, or in applicable Tariffs, a Ticket is valid for one year from the date of issue.
In the event of death of a Passenger en route the Tickets of any person travelling with them can be changed to allow them to fly at a different time.
In the event of a death in the immediate family of a Passenger who has commenced travel the Passengers Tickets and those of the immediate family accompanying the Passenger can also be changed.
3.4 Ticket Use
Your Ticket is only valid from the place of departure to the final destination shown on the Ticket. The fare you have paid is based on our Tariff and covers the transportation shown on the Ticket. This is an essential part of our contract with you.
Should you wish to change any aspect of your transportation you must contact us in advance.
Each Flight Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved.
If you do not use your outbound flight then your inbound flight will not be cancelled unless you tell us that you will not be using it.
3.5 Name of Carrier
Our name may be abbreviated to our Airline Designator Code. Our address is Wigmore House, Wigmore Lane, Luton, LU2 9TN.
4. Fares, taxes, fees and charges
Article 4 - Fares, taxes, fees and charges
4.1 Fares
The fare you pay covers your carriage from the departure airport to the arrival airport only. Fares do not include ground transport services between airports or between airports and towns. Your fare is calculated in line with the Tariff in effect on the date that you pay for your Ticket.
4.2 Taxes, Fees and Charges
It is your responsibility to pay any applicable taxes, fees and charges imposed by government, airport operators or other authorities.
You will be advised of any taxes, fees and charges that are not included in the fare at the time you purchase your Ticket. These will usually be shown separately on your Ticket.
Taxes, fees and charges do change often. If there is any increase to the amounts shown on your Ticket or if a new type of tax, fee or charge is imposed once you have bought your Ticket then you will have to pay this.
If any tax, fee or charge is cancelled or reduced once you have bought your Ticket then you will be entitled to a refund.
4.3 Currency
You must pay fares, taxes, fees and charges in the currency of the country in which the Ticket is issued, unless we or our Authorised Agent tell you they must be paid in a different currency.
Article 5 - Reservations
5.1 Reservation Requirements
We or our Authorised Agent will record your reservation(s). We will provide you with written confirmation of your reservation(s).
Certain fares have conditions which limit or exclude your right to change or cancel reservations.
5.2 Personal Data
You accept that you have given us your personal information for the purposes of:
· you making a reservation and buying a ticket;
· you receiving additional services;
· us developing and providing services;
· following immigration and entry procedures;
· us making information related to your travel available to government agencies.
We can keep and use your personal information for these purposes and can send it to our own offices, the offices of Authorised Agents, government agencies, carriers or service providers.
5.3 Seating
We will try to honour advance seating requests. We are however unable to guarantee any particular seat. If your requested seat is unavailable we will refund any payment you have made for the seat request. This is our sole obligation to you. We reserve the right to assign or reassign seats at any time even after boarding. This may be necessary for operational, safety or security reasons.
5.4 Smoking
It is against the law to smoke on the aircraft. If you do smoke you may be prosecuted. You will also have to pay all costs resulting from any disruption caused as a result of smoking and we may refuse to carry you on any return or future flight. Electronic cigarettes can be carried as hand luggage only. They cannot be carried as hold luggage. You cannot use or charge electronic cigarettes on the aircraft.
Article 6 - Check-in and boarding
Unless we or any relevant authority say otherwise you must check in at least 40 minutes before the scheduled time of your flight. If you do not check in on time we can cancel your booking and not let you onto the aircraft. You will not be entitled to a refund.
You can check in online before departure. When checking in online you must provide your advanced passenger information. You will be allocated your seats when you check in online. If you don't like the seats allocated, you can pay to select your seat. Sometimes we may need to change the seat allocated to you for operational or safety reasons or for persons with reduced mobility. Boarding cards must be printed on A4 paper and be clearly legible with no rips or tears. You must drop your bags off before bag drop closes, 45 minutes before your flight time. If you choose not to use our online check-in service, we will not charge a fee for airport check-in.
You must be present at the boarding gate not later than the time specified by us when you check-in, or if no time is specified, at least 20 minutes before the scheduled departure time.
We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
We will not be liable to you for any loss or expense incurred due to your failure to comply with this section 6.
Article 7 - Refusal and limitations of carriage
For the purposes of this section reference to “you” or “your” includes any other person in your party.
We may refuse to carry you or your Baggage if any one of the following occurs or we believe it may reasonably occur:
· refusal is necessary to comply with any law, regulation or order;
· the safety or health of other Passengers or crew may be endangered or the comfort of other Passengers or crew may be materially affected;
· your mental or physical state including any impairment from alcohol or drugs presents a hazard or risk to yourself, Passengers, crew or Property;
· you have committed misconduct on a previous flight and we have reason to believe this may be repeated;
· you refuse to submit to a security check;
· you refuse to provide us with personal details needed for aviation security and counter-terrorism checks;
· you have not paid the applicable fare, taxes, fees or charges;
· you do not appear to have valid travel documents, you seek to enter a country temporarily in transit and you do not have valid travel documents, your travel documents are destroyed during flight or you refuse to surrender them to the flight crew when requested;
· your Ticket has been:
o acquired unlawfully
o purchased from an entity other than us or an Authorised Agent
o reported as lost or stolen
o is a counterfeit
· you cannot prove you are the person named on the Ticket;
· you fail to comply with instructions on safety or security; or
· your appearance and/or any object you intend to carry onboard is likely to be offensive to any Passenger or crew member.
If any one of the above situations applies to you then your ticket will be non-refundable.
Alternatively, at our discretion we may agree to carry you and impose additional conditions for carriage which you must follow.
7.2 Special Assistance
We will only carry unaccompanied children, persons who are not self-reliant or persons with reduced mobility, pregnant women, persons with illness or other people requiring special assistance if we agree in advance and in accordance with our policy, which you can find at www.tui.co.uk/editorial/information/customer-welfare. If you have a disability, including reduced mobility, and you have told us of this before booking or up to 48 hours before departure, and we have agreed that you may travel, we will not then refuse travel because of your disability or special requirements.
Article 8 - Baggage
8.1 Baggage Allowance
You may carry some Baggage with you into the cabin in line with our conditions and limitations, which are available upon request from us or our Authorised Agents and are available on our web site.
8.2 Excess Baggage
You must pay a charge for carriage of Baggage in excess of your Baggage allowance. These rates are available from us upon request and are available on our web site.
8.3 Items unacceptable as Baggage
Your Baggage must not include:
· items likely to endanger the aircraft or persons or property on board 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;
· items which you are prohibited from carrying by law, regulation or order of any state you are flying from or to;
· items we reasonably consider are unsuitable for carriage because they are dangerous, unsafe by reason of their weight, size, shape or character, unsafe for operational reasons, are fragile or perishable considering the type of aircraft being used; or
· Firearms or ammunition of any kind.
Your Checked Baggage must not include:
· money;
· jewellery;
· precious metals;
· computers;
· personal electronic devices;
· negotiable papers or business documents;
· securities or other valuables;
· passports or other identification documents; or
· samples or necessary medication
We will refuse to carry as Baggage any item listed above and we may refuse further carriage on discovery of any such items.
We will not be responsible for any of the above items (including damage to those items) that are included in your Baggage. If you do not follow the rules you may be prosecuted and will be responsible for costs we have to pay because of any disruption. We may also refuse to carry you on any return or future flight.
We may refuse to accept Baggage for carriage unless, in our reasonable opinion, it is properly and securely packed in suitable containers.
Information about unacceptable items and use of packaging/containers is available on our website or on request.
8.4 Right of search
For reasons of safety and security we might ask you to allow a search and scan of your person and a search, scan or x-ray of your Baggage. If you do not agree we may refuse to carry you and your Baggage. If you are not available your Baggage may be searched without you to determine whether you possess or whether your Baggage contains any unacceptable item. We will not be liable for any damage caused to you or your Baggage by a search, scan or x-ray unless the damage was caused by our fault or negligence.
8.5 Checked Baggage
We will take custody of any Baggage you deliver to us for check-in. A Baggage Identification Tag will be issued for each piece of Checked Baggage.
Checked Baggage must have your name or other personal identification on it.
Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on another flight. If your Checked Baggage is carried on an another flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
8.6 Unchecked Baggage
We may specify maximum dimensions and/or weight 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 way, or is too hevay, or is considered unsafe for any reason, it must be carried as Checked Baggage.
Objects not suitable for carriage as Checked Baggage (such as delicate musical instruments), and which do not meet the requirements for Unchecked Baggage, will only be accepted for carriage in the cabin if you have given us notice in advance and we have granted permission. You may have to pay a separate charge fee for this service.
8.7 Collection and Delivery of Checked Baggage
You must collect your Checked Baggage as soon as it is made available at your destination or Stopover. If you do not collect it immediately then you will be responsible for any loss or damage caused as a result. If your Checked Baggage is not claimed within three (3) months from the date it is made available we may dispose of it without any liability to you. In either circumstance we may also charge you a storage fee. Only the person with the Baggage Check and Baggage Identification Tag, is entitled to delivery of the Checked Baggage.
If a person claiming Checked Baggage is unable to produce the Baggage Check and 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.
8.8 Animals
If you wish to travel with an animal you must advise us at the time of booking. We may agree to carry an animal but the following conditions apply:
· You must make sure that the animal is properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents needed by countries of entry or transit failing which, it will not be accepted for carriage. There may be other conditions which are available on our website or on request.
· The animal, together with its container and food, will not be included in your free Baggage allowance. A handling fee will be applied at the current rate.
· If accepted, Guide or Assistance dogs accompanying Passengers with disabilities will be carried for a nominal charge. There may be other conditions which are available on our website or on request.
· Where carriage is not subject to the liability rules of the Convention, we are not responsible for injury to or loss, sickness or death of an animal which we have agreed to carry unless we have been negligent.
· We will have no liability in respect of any animal which does not have all the necessary exit, entry, health and other documents with respect to the its entry into or passage through any country, state or territory and the person carrying the animal must reimburse us for any fines, costs, losses or liabilities reasonably imposed or incurred by us as a result.
Article 9 - Schedules, delays, cancellation of flights
9.1 Schedules
The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.
Before we accept your booking, we will tell you the scheduled flight time and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time after issuing your Ticket. If you provide us with contact information, we will try to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternative flight which is acceptable to you, you will be entitled to a refund.
9.2 Cancellation, Rerouting, Delays, Etc.
We will take all necessary measures to avoid delay in carrying you and your Baggage. In order to prevent a flight cancellation, in exceptional circumstances, we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
Except as otherwise provided by the Convention or the applicable law including, without limitation, EU Regulation 261/2004, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or cease to operate a route, we may at our option, either:
· carry you at the earliest opportunity on another of our scheduled services on which space is available at no cost to you and, where necessary, extend the validity of your Ticket; or
· within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of travel at no cost to you. If the fare and charges for the revised route are lower than you have paid, we will refund the difference; or
· refund you the cost of your Ticket; or
· provide you with a return flight to the first point of departure at the earliest opportunity.
The remedies detailed above are the sole and exclusive remedies available to you and we will have no further liability to you.
9.3 Denied Boarding
If we are unable to provide previously confirmed space, we will compensate Passengers denied boarding in accordance with applicable law including, without limitation, EU Regulation 261/2004, or if more favourable to you, our denied boarding compensation policy.
9.4 EU261 Compensation claims
· This section 9.4 applies to claims for compensation under UE Regulation 261/2004
· You must submit any claim directly to us and allow 28 days or any timeframe set by law (whicever is the lesser) to respond directly before asking a third party to claim on your behalf. Claims must be submitted using the web form at https://www.tui.co.uk/destinations/contact-us/flight-delays
· We will not process claims submitted by a third party if you have not submitted the claim directly to us first and allowed us time to respond.
· If you do not have capacity to submit the claim yourself then a legal guardian may submit a claim on your behalf. We may ask for proof that the legal guardian has authority to submit a claim on your behalf.
· If you are the lead passenger, you may submit a claim to us on behalf of other passengers on the same booking. We may ask for proof that you have the consent of the other passengers to submit a claim on their behalf.
· We will not process claims submitted by third parties, in any other circumstances, unless documentation is provided to us showing that the third party has authority to act on your behalf.
· You are not prevented from consulting legal or other third party advisers before submitting your claim to us.
· Payments will be sent by cheque directly to you. Please allow 28 days after we have informed you of our decision for the cheque to be received.
9.5 Diversions
In the event that, for reasons beyond our control, we are unable to land at the airfield at your destination and need to divert to another airfield, , unless the aircraft continues to its original destination, the carriage by air will be complete when the aircraft lands at the diversion airfield. We will however arrange alternative transport to carry you to your original destination as set out in your Ticket at no cost to you.
Article 10 - Refunds
10.1 Tickets Non-Refundable
Except as provided for below, all Tickets issued for flights operated by us are non-refundable. There are no refunds if any ticket holder misses or cancels their flight. Any governmental per passenger taxes and charges for unused flights, which may have been collected in respect of such flight are refundable upon request.
You may wish to take out appropriate insurance to cover instances where you have to cancel your flight, or where you are unable to make your flight due to circumstances beyond your control.
10.2 Involuntary Refunds
10.2.1 If we cancel a flight, fail to operate a flight reasonably according to schedule, or cease to operate a route, we will refund you:
· if no portion of the Ticket has been used, an amount equal to the fare paid; or
· if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the fare for travel between the points for which the Ticket has been used;
In either case (subject always to EU Regulation 261/2004), this being the limit of our liability to you.
10.3 Currency
We will make a refund in the same manner and the same currency used to pay for the Ticket.
Article 11 - Conduct aboard aircraft
11.1 General
If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to follow any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience or Damage to other Passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft. If you are refused carriage because of your disruptive behaviour, or you are under the influence of alcohol or drugs, we may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets.
In the event that the aircraft needs to carry out an unscheduled landing in order to off-load you from the flight, as a result of your conduct on board the aircraft, you will be responsible for all costs incurred by us as a direct result of carrying out such an unscheduled landing.
11.2 Electronic Devices
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, mobile phones, laptops, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Hearing aids and heart pacemakers are allowed. You're not allowed to use electronic cigarettes on the plane - this includes charging. They can be carried on as hand luggage only. Youcan’t carry e-cigarettes within your hold luggage.
Article 12 - Arrangements for additional services
If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a Ticket or voucher relating to transport or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as agent for you and for the relevant suppliers, not as principal. The terms and conditions of the third party service provider will apply.
If we are also providing surface transport to you, other conditions may apply to such surface transport. Such conditions are available from us upon request.
Article 13 - Administrative formalities
13.1 General
You are responsible for obtaining all necessary 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.
We will 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
Before you 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 allow us to take and retain copies. 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 will be responsible to pay any fine or charge we have to pay to the Government concerned and for the cost of transporting you from that country. We will not refund the fare collected for carriage to the point of refusal or denied entry.
13.4 Passenger responsible for Fines, Detention costs, Etc.
If we have to pay any fine or penalty or 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 necessary documents, you will reimburse us on demand, any amount we pay.
13.5 Customs Inspection
If necessary, you will attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any Damage suffered by you in the course of such inspection or if you do not attend the inspection.
13.6 Security Inspection
You will submit to any security checks by Governments, airport officials, Carriers or by us.
Article 14 - Liability for damage
14.1 Our Liability to you will be determined by these Conditions of Carriage.
14.2 Unless otherwise stated, international travel, as defined in the Convention, is subject to the liability rules of the Convention.
14.3 Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
14.4 We will be liable only for Damage occurring during carriage on flights. If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier. For Checked Baggage, you may make a claim against the first or last carrier.
14.5 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
14.6 We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.
14.7 Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage will be limited to SDR 17 per kilogram and in the case of Damage to Unchecked Baggage will be limited to SDR 332 per Passenger where the Warsaw Convention applies to your journey, or 1000 SDRs for Checked and Unchecked Baggage, subject to proven damage, where the Montreal Convention applies to your journey provided that in either case if in accordance with applicable law different limits of liability are applicable such different limits will apply. The current value of 1 SDR is approximately UK£0.80 but this rate of conversion may fluctuate. For the purposes of the Warsaw Convention, if the weight of the Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage is equal to the applicable Baggage allowance for the class of carriage concerned. If in the case of Checked Baggage a higher value is declared in writing, our liability will be limited to such higher declared value.
14.8 Except where other specific provision is made in these Conditions of Carriage, we will be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.
14.9 We are not liable for any Damage caused by your Baggage. You will be responsible for any Damage caused by your Baggage to other persons or property, including our property.
14.10 We will have no liability whatsoever for Damage to articles not allowed in Checked Baggage, including fragile or perishable items, items having a special value money, jewellery, precious metals, computers, personal electronic devices, keys, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
14.11 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
14.12 These Conditions of Carriage apply to our Authorised Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons will not exceed the amount of our own liability, if any.
14.13 Nothing in these Conditions of Carriage will waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
14.14 Special Agreement
In respect of any claim for recoverable compensatory damages arising out of the death, wounding or other bodily injury of a Passenger in an accident taking place on board an aircraft on a flight (or in the course of any of the operations of embarking or disembarking):
· we will not avail ourselves of any defence under Article 20 of the Convention, or any similar defence existing under applicable law, with respect to that portion of the claim which does not exceed 100,000 SDRs;
· we will without delay, and in any event not later than fifteen (15) Days after the identity of the natural person entitled to compensation has been established, make such advance payments to such person as necessary to meet immediate economic needs on a badis proportional to the hardship suffered (such amount not to be less than the equivalent of SDR 16.000 per passenger in the event of death). Any such advance payment will not constitute recognition of liability and may be offset against any subsequent sums paid by us, but is only returnable if the Damage was caused by, or contributed to by, the negligence of the Passenger or of the person who received the payment, or if the person to whom the payment was made was not the person entitiled to compensation;
PROVIDED THAT we reserve all other defences available to us (whether under the Convention or otherwise) and all rights of recourse against any other person, including (without limitation) rights of contribution and indemnity.
To view a summary of our liability for Passengers and Baggage please see section Air Carrier Liability for Passengers and their Baggage in our Booking Conditions above.
Article 15 - Time limitation on claims and actions
15.1 Notice of Claims
If you accept Baggage when we deliver it to you and you do not complain we will consider that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
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 was available for collection. You must notify us in writing.
15.2 Limitation of Actions
Any right to Damages will be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard.
If you are delayed or denied boarding and have a claim under EU Regulation 261/2004 you have 6 years from the date of travel to make a claim. To apply please complete the form on our website.
Article 16 - Other conditions
Carriage of you and your Baggage is also provided in accordance with our Booking Conditions as well as certain other rules, regulations, conditions and/or policies (“Regulations”) applying to or adopted by us. These Regulations, as varied from time to time, are important. The Regulations concern, among other things; the carriage of hand luggage, sporting equipment, unaccompanied minors, pregnant women, sick Passengers or Passengers with reduced mobility, restrictions on use of electronic devices and items, the on board consumption of alcoholic beverages, as well as deadlines for check-in and boarding.
Our Booking Conditions and the Regulations are incorporated by reference into and made part of these Conditions of Carriage.
Article 17 - Interpretation
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.
Article 18 - Choice of law and jurisdiction
Unless otherwise provided by the Convention or any applicable law, regulations, orders or requirements the Conditions of Carriage and any carriage that we agree to provide to you (whether relating to yourself and/or your baggage) will be governed by the laws of England and any dispute between us concerning or arising out of such carriage in any way whatsoever will be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
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