ARTICLE 1- What particular expressions mean in these conditions?
As you read these conditions, please note that:
"We", "our" "ourselves" and "us" means Jazeera Airways. Our address is Jazeera Airways, P.O. Box 29288, Safat 13153, Kuwait – State Kuwait. "You", "your" and "yourself” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "Passenger").
"AUTHORISED AGENT"means a passenger sales agent who has been appointed by us to represent us in the sale of carriage by air on our services.
"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 parts of your Ticket which relate to the carriage of your Checked Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage.
"CHECKED BAGGAGE" means Baggage of which we take custody and for which we have issued a Baggage Check.
"CHECK-IN DEADLINE" means the time limit specified by us by which you must have completed check-in formalities and received your boarding pass.
"CONVENTION" means whichever of the following instruments is or 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);
- the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal , 28 May 1999 (hereinafter referred to as the Montreal Convention)
"DAMAGE"includes death, wounding, or bodily injury to a Passenger, loss, partial loss or other damage to Baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.
"DAYS"mean calendar days, including all seven days of the week; 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 flight commenced shall not be counted.
"ITINERARY/RECEIPT"means a receipt marked as such or similarly marked and issued by us or our Authorised Agent and delivered to you by email, by fax, by hand, by mail or by courier, containing the Passenger’s name, flight information and notices; if any.
"PASSENGER" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "you", "your" and "yourself”).
"REGULATIONS" Means any regulations, terms or conditions specified in writing by us from time to time, as further described in Article 14 and or; European Union Regulations EC No. 261/ 2004 regarding flight distribution compensation
"SPECIAL DRAWING RIGHTS"are an international unit of account, defined by the International Monetary Fund, based upon the values of several leading currencies. The currency values of the Special Drawing Right fluctuate and are re-calculated each banking day. These values are known to most commercial bankers and are reported regularly in leading financial journals.
"TARIFFS"means our published fares, charges and/or related conditions of carriage.
"TICKET"means a valid document issued by us to you, giving you entitlement to transport, or something equivalent in paperless form, including electronic form, issued or authorized by us or our authorized agent.
"UNCHECKED BAGGAGE"means any of your Baggage other than Checked Baggage.
"WEBSITE"means our internet website with the address www.jazeeraairways.com
ARTICLE 2 - Applicability
Our Conditions of Carriage apply to all flights operated by us, provided that:
2.1.1 If carriage is performed pursuant to a charter agreement, they apply only to the extent they are incorporated in the charter agreement or the Ticket; and
2.1.2 To the extent that they are inconsistent with our Tariffs or applicable laws (and only to such extent), such Tariffs or laws shall prevail.
2.2 Conditions prevail over regulations
In the event of inconsistency with any other Regulations, these Conditions of Carriage shall prevail excluding EC No. 261/ 2004 applicable to passengers travelling from Europe.
ARTICLE 3 - Itineraries
Jazeera is a ticketless airline. Your itinerary confirmation, represented by the six character alphanumeric code, entitles you to travel if the following conditions are met.
3.1.1 A valid and confirmed itinerary has been issued;
3.1.2 To the passenger named in the ticket and;
3.1.3 If the Passenger produces satisfactory valid identification
3.1.4 If, where specified at time of booking, the passenger produces the credit used for booking.
A paid fare is valid for travel between the two airports and at the date and time specified in the confirmed itinerary. All fares are valid for one-way travel. When fares are combined to form return / multi-city itineraries, each one-way is governed by its separate fare. Fares and itineraries are only valid for travel on Jazeera Airways. Should you change your itinerary or dates of travel, this may impact the fare to be paid by you. Fares do not include ground transport service between airports and between airports and town terminals. These may not be transferred to or endorsed for travel on any other carrier.
3.3 Fare Rules
Each fare is governed by a set of terms and conditions. Our fare rules vary depending on the fare selected at time of booking. For details please see our fare conditions here or the fare conditions accompanying your booking quote / confirmation.
3.3.1 Waiver: We will waive fare restrictions in the event of the death or serious illness of the passenger or immediate family member. Under such circumstances, passengers will be offered a refund to the original form of payment minus any applicable fees/charges, or a credit equal to the value of the original payment minus any applicable fees/charges valid for one year. This applies to any other passengers traveling on the exact same itinerary. Jazeera Airways will require the passenger to provide documentation.
3.4 Taxes, Charges and Fees
The passenger accepts responsibility to pay all applicable taxes, charges and fees. These items are refundable and available for credit except as outlined in Article 3.3.1 above. All taxes, charges and fees are subject to change. Even after the time of booking, the passenger is obligated to make payment for any tax, charge or fee increase, or any new tax, charge or fee imposed by a government, airport operator or other authority.
Subject to a levy of KD 5 (or equivalent) which Jazeera is entitled to apply for services (administrative or otherwise) rendered or to be rendered, the passenger is entitled to claim refund of the Kuwait Governmental taxes as long as such refund is legally mandated. The refund claim must, however, be lodged in due time but not later than 15 days from the date of the flight booked by the passenger.
All fares, taxes, charges and fees are payable in the currency of itinerary origin. Airways reserves the right to determine the currency used for each origin airport. A single itinerary, including any add-on fees, must be priced in a single currency. At our discretion, we may accept payment in another currency.
ARTICLE 4 – Personal Data and Seating
4 .1 Personal Data
You recognise that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other airlines or the providers of the above-mentioned services wherever they may be located.
4 .2 Seating (upgrading and downgrading)
Pursuant to EC No. 261/ 2004
4.2.1 We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
4.2.2 Placing a passenger in a class higher than that for which the ticket was purchased, will not entail a request for any supplementary payment by us.
4.2.3 Placing a passenger in a class lower than that for which the ticket was purchased, we will within seven days, by the means provided for in Article 7(3) of EC Regulations, reimburse to you:
(a) 30% of the price of the ticket for all flights of 1,500 kilo-meters or less, or
(b) 50% of the price of the ticket for all intra-Community flights of more than 1,500 kilo-meters, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1,500 and 3,500 kilo-meters, or
(c) 75% of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.
4 .3 Smoking
You may not smoke in any part of an aircraft operated by us. Failure to adhere to this regulation may result in severe criminal penalties being brought against you. In addition all disruption costs will be claimed against you by us.
ARTICLE 5 - Check-in and Boarding
5.1 Check-in desks open three hours before, and close promptly 60 minutes prior to the scheduled departure time your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated, in which case you will not be entitled to any changes, refund or credit.
5.2 You must produce your Booking Confirmation Number or the Itinerary/Receipt as well as a valid passport with all the necessary required documents/visas for your journey.
5.3 You must be present at the boarding gate not later than the time specified by us when you check in, and if you are not, we may cancel the space reserved for you, in which case you will not be entitled to any changes, refund or credit.
5.4 We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
5.5 If specified at time of booking, you must present your credit card used for validation at check-in.
5.6 You are obligated to be acquainted with your right, obligations and liabilities as stated in your ticket further, our obligation of notified you with your rights, obligations and liabilities are fulfilled upon your acceptance of your flight ticket.
ARTICLE 6 - Refusal and Limitation of Carriage
6.1 Right to refuse carriage
We may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights, and in such case you will not be entitled to any changes, refund or credit. We may also refuse to carry you or your Baggage (and you will not be entitled to any changes, refund or credit) if one or more of the following have occurred or we reasonably believe may occur:
6.1.1 Such action is necessary in order to comply with any applicable government laws, regulations, or orders
6.1.2 The carriage of you or your Baggage may endanger or affect the safety or health of, or inconvenience, other passengers or crew;
6.1.3 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, or requires special assistance which we are unable to provide;
6.1.4 You have refused to submit to a security check;
6.1.5 You have not paid the applicable fare, taxes, fees or charges, or refuse to pay the excess baggage charges;
6.1.6 You fail to observe instructions relating to Credit Card verification;
6.1.7 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 travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
6.1.8 A valid Ticket has not been issued to you;
6.1.9 You cannot prove that you are the person named in the Ticket;
6.1.10 You fail to observe our instructions with respect to safety or security;
6.1.11 You brought your own food and drinks on board our aircraft;
6.1.12 You have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
6.1.13 The booking you have purchased is valid only for transportation in sequence as shown on the ticket, from the place of origin departure to the final destination. If travel is not performed in the sequence provided in the booking, the ticket/itinerary will not be honored and will lose its validity. Maintaining such a sequence forms an essential part of our contract with you.
6 .2 Special Assistance
6.2.1 Priority shall be given to persons with reduced mobility and any persons accompanying them, as well as unaccompanied children.
6.2.2 In cases of denied boarding, cancelling and delays of any length, persons with reduced mobility and any persons accompanying them, and unaccompanied children, shall have the right to care in accordance with Article 9 of EC Regulations as soon as possible. Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women and persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with illness or disabilities must advise us of any special requirements they may have at the time of booking. Failure to advise us of any special needs at the time of booking and appropriately in advance will result in the service being unavailable and being refused without refund or credit.
ARTICLE 7 -Baggage
7 .1 Free Baggage Allowance
You may carry some Baggage free of charge, subject to our Regulations.
7 .2 Excess Baggage
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance and dimension specified in our Regulations.
7 .3 Items unacceptable as baggage
7.3.1 You must not include in your Baggage:
126.96.36.199 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);
188.8.131.52 Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
184.108.40.206 Items which are reasonably considered by us to be unsuitable for carriage because they are dangerous or unsafe, or because of their weight, size, shape or character, or because they are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is contained in our Regulations.
7.3.2 Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage provided you have obtained our prior permission at the time of booking. Firearms must be unloaded, with the safety catch on, and suitably packed, and you must produce proof of ownership and legal authority for possession. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 220.127.116.11.
7.3.3 Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.
7.3.4 You must not include in Checked Baggage money, jewelry, precious metals, silverware, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
7.3.5 If, despite being prohibited, any items referred to in Articles 7.3.1, 7.3.2 or 7.3.4 are included in your Baggage, we shall not be responsible for any loss or damage to such items and you shall be held solely liable for all damages and loss resulting therefrom.
7 .4 Right to refuse carriage
7.4.1 Subject to Articles 7.3.2 and 7.3.3, we will refuse to carry as Baggage the items described in Article 7.3, and we may refuse further carriage of any such items upon discovery.
7.4.2 We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content or character, or for safety or operational reasons, or in the interests of the comfort of other passengers. Information about unacceptable items is available upon request.
7.4.3 We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
7 .5 Right of Search
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 Article 7.3.1 or any firearms, ammunition or weapons which have not been presented to us in accordance with Articles 7.3.2 or 7.3.3. 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.
7 .6 Checked Baggage
7.6.1 Upon delivery to us of your Baggage which you wish to check, we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.
7.6.2 Checked Baggage must have your name or other personal identification affixed to it. It is also recommended to affix such identification inside the Baggage.
7.6.3 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 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.
7 .7 Unchecked Baggage
7.7.1 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 manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage, subject to Articles 7.2 and 7.3.
7.7.2 Objects not suitable for carriage in the cargo compartment(such as delicate musical instruments), and which do not meet the requirements in Article 7.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice reasonably in advance and permission has been granted by us. You will be required to pay a separate charge for this service.
7 .8 Collection and delivery of checked baggage
7.8.1 You are required to collect your Checked Baggage as soon as it is made available at your 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.
7.8.2 Only the bearer of the Baggage Identification Tag is entitled to delivery of the Checked Baggage
7.8.3 If a person claiming Checked Baggage is unable to produce the Baggage Identification Tag, we will deliver the Baggage to such a person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
7 .9 Items removed by airport security personnel
We will not be responsible for, or have any liability in respect of, articles removed from your Baggage by airport security personnel acting in accordance with any applicable regulations.
7 .10 Animals and Birds
Carriage of animals and birds are strictly prohibited on our aircraft.
ARTICLE 8 - Schedules, Delays, Cancellations and Diversions of flights
8.1.1 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.
8.1.2 The scheduled flight time in effect at the time of Ticket issue will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequently. If you provide us with contact information, we will endeavor to notify you of any such changes.
8 .2 Delays and Cancellations
18.104.22.168 We will take all reasonable measures to avoid delay in carrying you and your Baggage. We will endeavor to notify you of any expected delay in advance if possible.
8.2.2 If we cancel a flight, or fail to operate a flight reasonably according to schedule because of our fault, we shall, at your option, either:
22.214.171.124 Carry you on our next available flight without additional charge; or
126.96.36.199 Give you a credit of the amount of the fare for the flight, usable on any of our services within a period of 1 year; or refund you the amount. The refund will be given 7 working days for cash and 15 working days for credit after receipt of your request for the same. In case of cancellation of a flight, you shall under (EC 261/ 2004):
(a) be offered assistance; and
(b) in event of rerouting, expected time of new flight shall be at least one day after original time of departure; and
(c) have the right to compensation by us unless you are informed of the cancellation within the time required by Regulation (EC) 261/ 2004
8.2.3 When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.
8.2.4 We shall not be obliged to pay compensation if we can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
8.2.5 Upon the occurrence of any of the matters set out in Articles 8.2.2 and 8.2.3, except as otherwise provided by the Convention, the remedies mentioned in those Articles are the sole and exclusive remedies available to you and we shall have no further liability to you (including in particular, without limitation, in respect of missed connecting flights).
8.3 Delays (Under EC No. 261/ 2004)
When expecting a delay, you shall be notified and shall have assistance and remedies as declared within Regulation (EC) 261/ 2004.
8.4 Denied Boarding (Under EC 261/2004)
8.4.1 When we reasonably expect to deny boarding on a flight, we shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger(s) concerned and us. Volunteers shall be assisted, such assistance being additional to the benefits mentioned in this paragraph.
8.4.2 If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to board the flight, we may then deny boarding to passengers against their will. If so, we shall compensate and assist the passengers concerned as required by the Regulations.
ARTICLE 9 - Conduct aboard aircraft
9 .1 General
If 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 comply with 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, damage or injury to other passengers or the crew, we may take such measures as we deem 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.
9 .2 Payment of diversion costs
If, as a result of conduct by you of the sort mentioned in Article 9.1 we decide, in the exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, you must pay all costs resulting from that diversion.
9 .3 Electronic Devices
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
ARTICLE 10 - Arrangements with third parties
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 your agent. The terms and conditions of such third party service provider will apply. Further, applicable regulations shall in no way restrict us or you to seek reimbursement from a contracted third party.
ARTICLE 11 -Administrative formalities
11.1.1 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.
11.1.2 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.
11.2 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 and you will not be entitled to a refund.
11.3 Refusal of Entry
If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare, taxes, fees and charges collected for carriage to the point of refusal or denied entry will not be refunded or credited by us.
11.4 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 expenditure so incurred. 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.
11.5 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 or through your failure to comply with this requirement.
11.6 Security Inspection
You shall submit to any security checks by duly authorised representatives of Governments or airport authorities or by us.
11.7 If Credit card holder is the passenger then the credit card will need to be produced at the time of Check In. If the passenger is not the Credit Card holder, then a photo copy of the credit card (Only front face) and with the copy of the real card holder’s valid Id (Passport Copy or Civil ID Copy) are to be produced at the time of Check In. Please carry two copies of the same if you are travelling on the return sector. Traveller may be denied boarding if any of these precautions are not satisfied. This is additional level of security designed to protect you and us.
ARTICLE 12 - Liability for damage
12.1 Death of or injury to passengers
12.1.1 Subject as provided in Articles 12.1.2, 12.1.3, 12.1.5 and 12.3, our liability for damages sustained in the event of death, wounding or any other bodily injury suffered by a Passenger shall be subject to applicable law or Convention.
12.1.2 For any damages up to the sum of the equivalent of 100,000 Special Drawing Rights, we shall not exclude or limit our liability by proving that we and 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. If the Montreal Convention applies, we shall not be liable for damages to the extent they exceed 100,000 Special Drawing Rights if we prove that such damage was not due to a gross negligence or other wrongful act or omission by us or our servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party.
12.1.3 Notwithstanding the provisions of Articles 12.1.1 and 12.1.2, 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 our liability in accordance with applicable law.
12.1.4 We shall, 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 as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered (which shall not be less than SDR15,000 in the case of death). Any advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases described in Article 12.1.3 or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.
12.1.5 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
12.2.1 We will not be liable for damage to unchecked Baggage unless such damage is caused by our gross negligence or fault or that of our servants or agents.
12.2.2 Our liability in the case of the destruction or loss of, damage to or delay of Baggage shall be limited as provided in Articles 12.2.3 and 12.2.4, provided that such limits shall not apply if:
188.8.131.52 It is proved that the damage resulted from an act or omission by us or our servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; or
184.108.40.206 Subject to our policy, you have made a special declaration of interest of delivery of the baggage at the point of destination and paid any required supplementary sum, in which case we will be liable to pay a sum not exceeding the declared sum, unless we prove that the sum is greater than your actual interest in delivery of the baggage at destination; or
220.127.116.11 Different limits of liability are provided by applicable law.
12.2.3 Where the Warsaw Convention applies, the limits of liability which will normally apply are:
18.104.22.168 Maximum 1000 Special Drawing Rights per Passenger for Checked and un-checked Baggage together.
22.214.171.124 Claims are dealt with up to the Carriers limit of liability based on the weight of the baggage concerned or the declared weight in the Excess Baggage Ticket.
12.2.4 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.
12.2.5 We shall have no liability whatsoever for damage to articles not permitted to be contained in Checked Baggage under Article 7.3, including fragile or perishable items, items having a special value, such as money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, or for damage to or loss of protruding parts such as wheels, straps, pull handles, or other items attached to baggage, or items lost as a result of badly packed baggage.
12.2.6 We shall have no liability whatsoever for loss or damage of Baggage if it proves that we and 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. We would also not be liable if we are able to prove that the loss or damage was not due to negligence or other wrongful act or omission by us or our servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party.
12.2.7 We shall have no liability for any loss or damage for baggage containing prohibited or perishable items by all means
12.3.1 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. Nevertheless, with respect to checked Baggage, you may make a claim against the first or last Carrier.
12.3.2 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.
12.3.3 Except as may be specifically provided otherwise in these Conditions of Carriage or by applicable law, we shall be liable to you only for recoverable compensatory damages for proven losses.
12.3.4 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as it and they apply to us. The total amount recoverable from us and from such authorised agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
12.3.5 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws unless otherwise expressly stated.
12.3.6 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a Passenger.
ARTICLE 13 - Time limitation on claims and actions
13.1 Notice of claims
Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
13.2 Any right to damages shall be forfeited 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 shall be determined by the law of the court where the case is heard.
ARTICLE 14 – Miscellaneous regulations
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern among other things: flight changes, the carriage of young persons, reduced mobility passengers, pregnant or sick passengers, sports equipment, musical instruments, restrictions on use of electronic devices and items and the on board consumption of alcoholic beverages. Regulations and conditions concerning these and other matters are available from us upon request.
ARTICLE 15 – 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 16 – Disclaimer
Passengers are obligated after being informed to: be familiarized with their rights, obligations and liabilities regarding flight disruption compensations on matters delaying denied boarding and of cancellation or long delay of flights found in: REGULATION (EC) No. 261/ 2004