OVERLAND AIRWAYS
LIMITED
Conditions of Carriage for
Passengers and Baggage
INDEX OF
CONTENTS
Article 1 What
Particular Expressions Mean in these Condition
Article 2 When These
Conditions Apply (Applicability)
Article 3
Tickets
Article 4 Fares, Taxes,
Fees, Charges and Surcharges
Article 5
Reservations
Article 6 Check-In and
Boarding
Article 7 Refusal and
Limitation of Carriage
Article 8 Baggage
Article 9 Schedules,
Delays, Cancellation of Flights and Denied Boarding
Article 10
Refunds
Article
11 Unacceptable Conduct Aboard Aircraft
Article 12
Administrative Formalities
Article 13 Liability
for Damage
Article 14 Time Limits for Baggage Claims, Processing of Baggage
Claims, and Time Limits for All Actions for Damages
Article 15 Other
Conditions
Article 16
Interpretation
Appendix 1
OVERLAND AIRWAYS
LIMITED
Conditions of Carriage for
Passengers and Baggage
ARTICLE 1 - What
Particular Expressions Mean In These Conditions
As you read these conditions, please note that:
"We", "our",
"ourselves" and "us" means
Overland Airways Limited.
"You", "your" and
"yourself" means any person holding our ticket who
is to be carried or carried on our aircraft except members of the
crew. (See also definition for "Passenger").
"Baggage" means your personal property
accompanying you in connection with your trip. Unless otherwise
specified by us. 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 each piece of Checked
Baggage.
"Checked Baggage" means Baggage of which we
take custody and for which we have issued a Baggage Identification
Tag.
"Check-in Deadline" means the time limit
specified by us by which you must have completed check-in
formalities and received your boarding pass.
"Civil Aviation Act" means Civil Aviation Act,
2006, Laws of the Federal Republic of Nigeria.
"Conditions of Carriage" means these conditions
of carriage.
"Conditions of Contract" means those statements
contained in or delivered with your Ticket or e-Ticket Receipt,
identified as such and which incorporate, by reference, these
Conditions of Carriage.
"Confirmed Reservation" means a booking for a
flight or series of flights in circumstances where the following
conditions apply: a seat is held from availability with the status
"confirmed"; payment has been received in the form of cash paid at
an airport or another or another payment location as authorized by
us, the booking contains relevant details which are the same as the
travel document held by the Passenger (e.g. name, contact details,
flight number(s)); and the Passenger has been advised that his or
her travel booking is confirmed.
"Damage" includes, but is not restricted to,
death of, wounding of, or bodily injury to a Passenger caused by an
accident on board an aircraft or during embarkation or
disembarkation, and loss of, damage to, or destruction of,
baggage.
Additionally, it means damage occasioned by delay in the
carriage by air of Passengers or Baggage.
"Days" mean all seven days of every 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.
"Denied Boarding" means a refusal to
accommodate passengers on a scheduled flight although they have a
valid Ticket with a Confirmed Reservation on that flight and have
presented themselves for check in within the required time limit as
stipulated in Article 6 of these Conditions of Carriage.
"Electronic Ticket" means the electronic
entries in our reservations database recording the carriage you
have booked for which we or our Authorised Agent has issued an
e-Ticket Receipt.
"e-Ticket Receipt" means a receipt marked as
such or marked Passenger Receipt/Itinerary, Passenger
Itinerary/Receipt or Itinerary/Receipt which we deliver by email,
by fax, by hand, by mail or by courier.
"Force Majeure" means unusual and unforeseeable
circumstances beyond your control, the consequences of which could
not have been avoided even if all due care had been exercised.
Circumstances that are within your control and are foreseeable
includes, but are not limited to, not possessing valid travel
documents for any country you may seek to enter as a point of
destination or transit; a pre-existing medical condition you or
anyone travelling with you or a close family member or partner of
which you were aware or should have been aware with the exercise of
due diligence at the time of issue of your ticket; failure to
arrange reliable transportation or to leave adequate time to
complete your journey to an airport in order to arrive at least 90
minutes before domestic flights, failure to leave adequate time
between the scheduled time of arrival of a connecting flight and
the scheduled departure of your flight; booking a ticket knowing
that you will be unable to be carried on one or more flight
segments because of application of these Conditions of Carriage
(such as Article 7); a pre-existing commitment relating to your
employment or business or personal life of which you were aware, or
should have been with the exercise of due diligence at the time of
issue of your Ticket.
"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 judgment is to be made.
" Naira" or "N" means the Local Currency
applicable to the Conditions of Carriage
"Nominated Bank" means a bank, or specific
branch of a bank, authorized by us to receive cash payment on our
behalf in respect of our Charter flight services.
"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")
"Special Drawing Right" and
"SDR" means the composite unit of currency that is
the official unit of exchange of 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 air carrier filed,
where required, with the appropriate authorities.
"Ticket" means either 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 any of your Baggage
other than Checked Baggage.
ARTICLE 2 -
Applicability
2.1 General
Except as provided in Articles 2.2 and 2.4, these Conditions of
Carriage apply whenever we operate your flight.
2.2 Charter and package tour holiday operations (Charter
Operation)
If carriage is performed pursuant to a charter agreement, these
Conditions of Carriage apply only to the extent they are
incorporated by reference or otherwise in the charter agreement. If
carriage is performed pursuant to a package tour holiday contract
with a third party these Conditions of Carriage apply to your
carriage by air, with the exception of those provisions dealing
with refunds.
2.3 Overriding law
2.3.1 These Conditions of Carriage are applicable unless they
are inconsistent with our Tariffs or laws which apply to your
contract of carriage, in which event such Tariffs or applicable
laws shall prevail.
2.3.2 If any provision of these Conditions of
Carriage is invalid under any applicable law, the other provisions
shall nevertheless remain valid.
2.4 Conditions prevail over regulations
Except as provided in these Conditions of Carriage, in the event
of inconsistency between these Conditions of Carriage and any other
regulations we may have dealing with particular subjects, these
Conditions of Carriage shall prevail. If part of one of our
regulations is invalid under any applicable law, the other parts of
our regulations will still apply.
ARTICLE 3 - Tickets
3.1 Transferability,
non-use, loss and replacement of tickets
3.1.1 We will provide carriage only to the
Passenger named on the Ticket, and you may be required to produce
either a Driver License, International Passport or National ID Card
for appropriate identification.
3.1.2 An e-Ticket Receipt is deemed to serve as a
passenger ticket.
3.1.3 A ticket is not transferable
3.1.4 The Ticket is and remains at all times the
property of the issuing carrier.
3.1.5 Passenger shall not be entitled to be
carried on a flight unless he/she presents a valid Ticket
containing the Flight Coupon for that flight and all other unused
Flight Coupons as well as the Passenger Coupon. In addition, you
shall not be entitled to be carried if the Ticket presented is
mutilated or tampered with, or if it has been altered otherwise
than by us. In the case of an Electronic Ticket, you shall not be
entitled to be carried on a flight unless you provide positive
identification, and a valid e-Ticket Receipt has been duly issued
in your name.
3.1.5(a) In case of loss or mutilation of a Ticket by you, upon
your request we will either replace such Ticket (or part of it) by
issuing a new Ticket or make cash refund less a reasonable
administration fee in the same currency used to purchase the
Ticket, provided there is evidence, readily ascertainable at the
time, that a Ticket valid for the flight(s) in question was duly
issued to you and you sign an agreement to reimburse us for the
costs and losses specified in Article 3.1.5(c) which are
necessarily and reasonably incurred by us or another carrier for
misuse of the Ticket. We will not claim reimbursement from you for
any such losses which result from our own negligence. The issuing
carrier may charge a reasonable administration fee for this service
unless the loss or mutilation was due to the negligence of the
issuing carrier, or its agent.
3.1.5(b) Where such evidence is not available, we will require
you to pay up to the full Ticket price for a replacement Ticket,
subject to refund if we are satisfied that the lost or mutilated
Ticket has not been used before the expiry of its validity. If,
upon finding the original Ticket before the expiry of its validity,
and if you surrender it to us, the foregoing refund will be
processed at that time.
3.1.5(c)Any reimbursement agreement signed pursuant to Article
3.1.5(a) will be for an amount up to the value of the original
Ticket unless the replaced Ticket is subsequently used or cashed in
by you, in which event 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
a reasonable administration fee in the same currency used to
purchase the Ticket.
3.1.6 A Ticket is valuable and you should take
appropriate measures to safeguard it and ensure it is not Lost or
stolen.
3.2 Period of
validity
3.2.1 Except as otherwise provided on the Ticket,
in these Conditions of Carriage, a Ticket is valid for Three months
from the date of issue; or
3.2.2 When you are prevented from traveling within the
validity period of the Ticket, the validity of such Ticket may be
extended, or you may be entitled to a voluntary refund subject to
the limitations of Articles 10.3, 10.1.1, 10.1.2, 10.1.3 or
Appendix 1 - Schedule of Tariff - Table B(1).
3.3 Sequence and Use of
Ticket
3.3.1 The Ticket you have purchased is valid only for the
transportation shown on the Ticket from the place of departure via
any Agreed Stopping Places to the final destination. The fare you
have paid is based upon our Tariff and is for the transportation as
shown on the Ticket. It forms an essential part of our contract
with you. The Ticket will not be honored and will lose its validity
if not used in the sequence provided in the Ticket.
3.3.2 Should you wish to change any aspect of your
transportation you must contact us in advance within the time frame
prescribed in Appendix 1 - Schedule of Re-Routing &
Re-Scheduling of Flight Tariff - Table B(2). The fare for your new
transportation will be calculated and you will be given the option
of accepting the new price or maintaining your original
transportation as ticketed.
3.3.3 Should you change your transportation sequence without our
agreement your unused ticket will not be valid for travel until we
have assessed the correct price for your actual travel and you have
paid any difference between the price you previously paid and the
total price applicable for your revised transportation.
3.3.4 Each Flight Ticket will be accepted for transportation in
the class of service on the date and flight for which space has
been reserved.
3.3.5 Please be advised that in the event you do not
show up for any flight without advising us Twelve (12) Hours in
advance of departure of the flight, we reserve the right to cancel
your return or onward reservations without recourse to you.
ARTICLE 4 -
Fares, Taxes, Fees, Charges and Surcharges
4.1 Fares
Fares apply only for carriage from the airport at the point of
origin to the airport at the point of destination. Fares do not
include ground transport service between airports and between
airports and town terminals. Your fare will be calculated in
accordance with our Tariff in effect on the date of payment of your
Ticket for travel on the specific dates and itinerary shown in it.
Should you change your itinerary or dates of travel, this may
affect the fare to be paid.
4.1.1 Infant Fare - Passenger who falls within
the age bracket 0 - Under 2 years is categorized as an infant. The
air fare payable by this category of passenger is calculated based
on Appendix 1 - Schedule of Tariff - Table A.
4.1.2 Child Fare - Passenger who falls within
the age bracket 2 - Under 12 years is categorized as a child. The
air fare payable by this category of passenger is calculated based
on Appendix 1 - Schedule of Tariff - Table A PROVIDED that a copy
of satisfactory proof of the child's age such as International
Passport or birth certificate is made available to us before the
issuance of the Ticket.
Note that child fare rate will not be applied if the child is to
board our aircraft as an unaccompanied minor. In this circumstance,
adult fare rate will be charged.
4.2 Taxes, fees and charges
Applicable taxes, fees and charges imposed by government or
other authority, or by the operator of an airport, shall be payable
by you. When you purchase your Ticket, you will be advised of
taxes, fees and charges not included in the fare, most of which
will normally be shown separately on the Ticket. The taxes, fees
and charges imposed on air travel are constantly changing and can
be imposed after the date of issue of your Ticket. If there is an
increase in a tax, fee or charge shown on the Ticket, you will be
obliged to pay it. Likewise, if a new tax, fee or charge is imposed
even after the date of issue of your Ticket, you will be obliged to
pay it. Similarly, in the event any taxes, fees or charges which
you have paid to us at the time of issue of your Ticket are
abolished or reduced such that they no longer apply to you, or a
lesser amount is due, you will be entitled to claim a refund.
4.3 Exceptional circumstances surcharges
4.3.1 In exceptional circumstances, charges may be imposed by us
which are not taxes, fees or charges levied by the government or by
a third party which are not normally applicable to our operations
(for example, but not limited to, insurance premium supplements or
additional security costs triggered by terrorism). In addition, we
may be subject to significant increases in operational costs, such
as fuel charges, caused by exceptional circumstances beyond our
control. Where such charges relate to carriage of passengers, we
shall (subject to Article 4.3.2) be entitled to require you to pay,
as fare surcharges, all such charges attributable by us to your
carriage (even if imposed after the date of issue of your
Ticket).
4.3.2 We will endeavor to contact you with details of any sudden
applicable fare surcharges as soon as possible. If we are unable to
contact you, we will advise you of the applicable fare surcharge at
check-in. You are entitled to choose not to pay the fare surcharge
and receive an involuntary refund in accordance with Article 10.3,
in which case we will have no further liability to you.
4.3.3 In the above event, any such surcharge you have
paid to us at the time of issue of your Ticket ceases to apply to
you, or a lesser amount is due, you will be entitled to claim a
refund.
4.4 Currency
Fares, taxes, fees and charges are payable in the currency of
the country in which the Ticket is issued.
ARTICLE 5 -
Reservations
5.1 Reservation Requirements
5.1.1 We will record your reservation(s). Upon request we will
provide you with written confirmation of your reservation(s) if
cash payment is made within our reservation ticketing time
limit.
5.1.2 If you have a medical condition or other condition for
which you may require medical assistance or special assistance
during embarkation, disembarkation or assistance during the flight
(for example, in the circumstances set out at Articles 7.3 and
7.5), you must advise us at the time you make your booking. You
will be given a provisional booking until such time that we are
satisfied that you have received medical clearance required by
Article 7.3 and satisfied all conditions attached to such
clearance.
5.2 Ticketing time limits
We will cancel your reservation if you have not paid the
applicable fare (and taxes, fees and charges) for the Ticket prior
to the specified ticketing time limit, as advised by us.
5.3 Personal data
You recognize 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 and issuing a boarding
pass or other ancillary Documentation associated with your
carriage; advising you of changes to your itinerary; assisting us
in dealing with your future transactions with you; market analysis;
performance measures; meeting legal obligations to you, and other
purposes associated with your carriage. For all these purposes, you
authorize us to retain and use such data and to transmit it to our
own offices, our other companies and brands and/or government
agencies.
5.4 Seating
We will endeavour to honor advance seating requests, however, we
cannot guarantee any particular seat. We reserve the right to
assign or reassign seats at any time, even after boarding of the
aircraft. This may be necessary for operational, safety, security
reasons or otherwise. We reserve the right to change your seat
assignment within your class of travel if you do not comply with
the Check-in Deadline indicated or, in the absence of notification
of the Check-in Deadline; you fail to check in 30 minutes before
domestic flights.
5.5 Aircraft
5.5.1 We will try to provide for your carriage the aircraft
specified in our timetable or specified to you at the time of issue
of your ticket, however, we cannot guarantee any particular
aircraft. We reserve the right to substitute a different aircraft
type and model. This may be necessary for operational, safety or
security reasons.
5.5.2 There may be occasions where it is necessary
for us to temporarily supplement our fleet with aircraft operated
for our benefit by another airline. In such circumstances, we shall
try to ensure that you receive the same level of in-flight service,
entertainment and baggage allowance advertised for your flight but
we cannot guarantee that this will always be possible.
5.6 Reconfirmation of reservations
Onward or return reservations may be subject to the requirement
to reconfirm the reservations within specified time limits. We will
advise you when we require reconfirmation and how and where it
should be done. If it is required and you fail to reconfirm, we may
decide to cancel your onward or return reservation
5.7 Period of Validity
A ticket issued at the normal fare is valid for carriage for a
period of three (3) months from the date of purchase or issuance
thereof.
5.8 Extension of Validity & Revalidation of
Ticket
5.8.1 If our passenger is prevented from traveling within
the period of validity of the ticket purchased or issued, we will
at the Passenger's request re-validate and extend the period of
validity of that ticket for another three months within which the
passenger must utilize same. Otherwise, expired tickets are
non-refundable. Passenger shall pay a Revalidation Fee as provided
in Appendix 1 - Schedule of Tariff - Table B
5.8.2 Passenger(s) should note that re-validation of
ticket(s) can only be done once at the expiration of the initial
validity period of three (3) months and if unutilized, such tickets
can no longer be re-validated neither will any refund be made on
such expired tickets.
5.8.3 In case of change in airfare, Passenger shall pay
the difference in fare before the revalidated ticket can be
used.
ARTICLE 6 -
Check-In and Boarding
6.1 Check-in Deadlines are different at every airport and we
recommend that you inform yourself about these Checking Deadlines
and honor them. Your journey will be smoother if you allow yourself
ample time to comply with the Check-in Deadlines. As a minimum, we
advise you to present yourself for check-in prior to scheduled time
of departure by no less than 30 minutes for domestic flights.
6.2 We reserve the right to cancel your reservation
if you do not comply with the Check-in Deadlines indicated or
check-in 30 minutes prior to the scheduled departure time for
domestic flights. Check-in Deadlines for our flights may be
obtained from us.
6.3 You must be present at the boarding gate not later
than the time specified by us at the time you check-in.
6.4 We may decide to cancel the space reserved for you or change
your seat assignment within your ticketed class of carriage if you
fail to arrive at the boarding gate in time.
6.5 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 6.
ARTICLE 7 -
Refusal and Limitation of Carriage
7.1 Right to refuse carriage
We may decide to refuse to carry you and/or your Baggage (even
if you hold a valid Ticket) if one or more of the following has
happened or we reasonably believe might happen:
7.1.1 Refusal to carry is necessary in order to comply with any
applicable government laws, regulations or orders; or
7.1.2 You commit a criminal offence during any of the operations
of embarkation or disembarkation on your flight, or on board the
aircraft; or
7.1.3 You fail to observe safety or security instructions of, or
obstruct or hinder, ground staff in the Performance of their
duties; or
7.1.4 You use threatening, abusive or insulting words or
behave in a threatening, abusive or insulting manner to ground
staff or members of the crew prior to or during boarding the
aircraft or disembarkation from a connecting flight; or
7.1.5 The carriage of you and/or your Baggage may
endanger or affect, or has endangered or affected, the safety of
the aircraft or anyone on the aircraft; or
7.1.6 Carriage of you and/or your Baggage may endanger or
affect the safety, health or comfort of other passengers or members
of the crew; or
7.1.7 Carriage of you or your Unchecked Baggage may materially
affect the comfort of other passengers; or
7.1.8 Your mental or physical state, including your impairment
from alcohol or drugs, appears to present a hazard or risk to
yourself, to passengers, to crew, to the aircraft or any person or
property in it or represents a likely source of material annoyance
or discomfort to other passengers; or
7.1.9 You have refused to submit to a security check for
yourself or your Baggage, or having submitted to such a check, you
fail to respond to our satisfaction to security questions,
assessments or profiling or tamper with or remove security seals on
your baggage; or
7.1.10 You fail to observe our instructions with respect to
safety or security and comfort of other passengers on matters such
as, but not limited to, seating, storage of Unchecked Baggage,
smoking, consumption of alcohol or use of drugs, use of electronic
equipment including, but not limited to, mobile/cellular phones,
laptop computers, PDAs, portable recorders, portable radios, CD,
DVD and MP3 players, electronic games or transmitting devices;
or
7.1.11 You are, or we reasonably suspect you are, in the
unlawful possession of drugs; or
7.1.12 You have made or attempted to make a hoax bomb, hijack
threat or other security threat; or
7.1.13 You have not paid the applicable fare, taxes, fees or
charges or exceptional circumstances surcharge for your journey;
or
7.1.14 You have failed to give us information in your possession
which a governmental authority has lawfully asked us to give about
you; or
7.1.15 You present a Ticket that has been acquired unlawfully or
fraudulently, appears to be falsified, has been purchased from or
issued by an entity other than us, or has been reported as being
mutilated, lost or stolen, is a counterfeit, or you cannot prove
that you are the person named in the Ticket; or the Ticket is
mutilated or spoilt;
7.1.16 You have failed to comply with the requirements set forth
in Article 3.3 above concerning sequence and use of ticket, or you
present a Ticket which has been issued or altered in any way, other
than by us; or
7.1.17 We have notified you in writing that we would not at any
time after the date of such notice carry you on our flights or if
the aircraft's weight limitations or seating capacity prevent
carriage of some Passengers and/or Baggage; or
7.1.18 You do not appear, and cannot reasonably satisfy us
otherwise, that you are medically fit to fly, as required by
Article 7.3; or
7.1.19 You, or someone who is legally responsible for you if you
are a minor, have failed to comply with the requirements of
Articles 7.3 or 7.4; or
7.1.20 You, or someone for whom you are responsible traveling
with you (such as, but not limited to, a minor), are not permitted
by law, court order or bail conditions from leaving the
jurisdiction of the place of departure of the aircraft; or
7.1.21 You have previously committed one of the acts or
omissions referred to above or have committed misconduct on a
previous flight of the type referred to in Article 11.1.
7.2 Right to reimbursement
You will reimburse us 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 or your
baggage from the aircraft. We may apply the value of any unused
portion of your ticket or any of your funds in our possession
against such payment or expenses.
7.3 Fitness to fly
Prior to boarding the aircraft for carriage you must be
reasonably satisfied that you are medically fit to fly. Whenever
you are aware of a health condition, but 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 are able, if requested to
do so, to produce written evidence of your fitness to fly. Where
you have a medical condition which you have any reason to suspect,
or ought reasonably to know, might be exacerbated by the normal
operation of an aircraft or could cause you difficulty if you are
unable to gain access before the end of your flight to professional
medical assistance you are obliged to seek professional medical
advice before flying with us and produce to us, no later than 24
hours before the flight, a medical report from an appropriately
qualified doctor, dated no more than 10 days before the date of
your flight, confirming your fitness to travel on all flights on
which you are booked.
7.3.1 Pregnant Woman
Otherwise known as Special Passenger in Expectant Stage.
Aviation medical requirements stipulate that pregnancy at the
maximum of 37 weeks at time of boarding shall be allowed into the
aircraft for the purpose of boarding upon presentation of medical
certification obtained from an aviation medical examiner confirming
pregnancy stage.
7.3.2 Unaccompanied Minor
7.3.2(a) Unaccompanied are group of passengers classified other
than infants or adult. We shall only board such in a single journey
travel to destination. Preparation plan for journey by an
unaccompanied minor shall involve proper documentation of age,
language, flight number and destination.
7.3.2(b) A child can only travel as an unaccompanied minor if he
or she is between the ages of 5 -12 years.
7.3.3(c) Children between ages 0 and 5 years are not allowed to
travel alone unless they are accompanied by an adult of age 16 and
above.
7.3.3(d) Passengers between ages 13 and above are allowed to
travel alone.
7.3.3(e) We will ensure that the unaccompanied minor journey
form is completed by the parent or guardian of the unaccompanied
minor and an agreed form of identification e.g. (Driving License,
International Passport, National I.D. Card e.t.c.) is stated by
same to serve as a means of identifying the receiving person.
7.3.4(f) Ensure proper handing over of unaccompanied minor to a
ground staff with proper documentation on disembarkation.
7.3.5(g) An unaccompanied minor in a transit flight shall not be
allowed to disembark the aircraft until reaching final
destination.
7.3.6(h)We will ensure that the receiving person makes a written
acknowledgement of receipt of the child on the unaccompanied minor
form forwarded by us.
7.4 Special Assistance
Acceptance for carriage of unaccompanied children, incapacitated
persons, persons who are disabled or have limited mobility,
pregnant women, persons with illness or other people with special
needs requiring special assistance (such as a wheelchair) is
subject to prior agreement with us at the time of ticketing and
compliance with our applicable procedures. If your special
assistance requirements change adversely subsequent to you
receiving our agreement to carry you, you must advise us
immediately of your change in circumstances and seek our further
acceptance for carriage. Any Passenger accepted by us for carriage
shall not subsequently be refused carriage on the basis of such
disability or special requirements unless they fail to comply with
these Conditions of Carriage including, but not limited to,
Articles 7.1 or 7.3.
7.5 Reimbursement of medical expenses
If you take ill during the flight due to a condition which
pre-existed the flight or due to your pregnancy, you will reimburse
to us any expenses incurred as a result of treatment onboard the
aircraft, transporting you on the ground, or treatment provided by
third parties. In addition, if you fail to notify us of a medical
condition in accordance with Article 7.3, you will also pay the
costs incurred in diverting the aircraft to seek medical assistance
on your behalf.
7.6 Onboard services
For operational reasons, we cannot make any guarantees about the
provision/availability of in-flight entertainment equipment and
advertised programmes and computer games, special meals or any
particular type of meals or the availability of special in-flight
services. Additionally, where special meals are provided, the fact
that they have been prepared by third parties to our order means
that, despite use of our endeavors, it is not possible for us to
guarantee that they will always conform to their exact
description.
7.7 Ground services
For operational reasons, we cannot make any guarantees about the
provision/availability of ground services including, but not
limited to passenger lounges and the facilities available therein
(such as, but not limited to, access for incapacitated persons,
food and refreshments and lounge bar). Additionally, the fact that
some services are provided by third parties to our order means
that, despite use of our endeavors', it is not possible for us to
guarantee that they will always conform to their exact
description.
ARTICLE 8 -
Baggage
8.1 Free baggage allowance
You can carry some Baggage free of charge subject to our
conditions and limitations, which are available upon request from
us. Subject to those conditions and limitations, the maximum
permitted weight for a single item of Checked Baggage is
10kgs/22Ibs. Single items in excess of that weight will not be
accepted for carriage as Checked Baggage. Priority will always be
given to carriage of Checked Baggage within the applicable free
baggage allowance.
8.2 Excess baggage
You will be required to pay an extra charge for carriage of
Baggage in excess of the free Baggage allowance (as stipulated in
our conditions and limitations). These rates are available from us
upon request. Carriage of excess Baggage is subject to available
space on your flight
8.3 Items unacceptable as baggage
8.3.1 You must not include in your 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 Organization (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); or
8.3.1.2 Items the carriage of which are prohibited by the
applicable laws, regulations or orders of any state to be flown
from or to; or
8.3.1.3 Items which are reasonably considered by us to be
unsuitable for carriage because they are dangerous, unsafe or by
reason of their weight, size, shape or character, or which are
fragile or perishable having regard to, among other things, the
type of aircraft being used. Information about unacceptable items
is available upon request.
8.3.2 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
only as Checked Baggage, subject to prior approval by us and by the
Captain of the aircraft on the date or dates of carriage. 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 country of departure, destination and any
Stopovers. Carriage of ammunition is subject to ICAO and IATA
regulations as specified in Article 8.3.1.1.
8.3.3Weapons such as antique firearms, swords, knives, toy or
replica guns, bows and arrows and similar items may be accepted as
Checked Baggage at our discretion, subject to prior approval by us
and by the Captain of the aircraft on the date or dates of
carriage, but will not be permitted in the cabin of the
aircraft.
8.3.4You must not include in Checked Baggage fragile or
perishable items, valuable items (including, but not limited to,
money, jewelry, and precious metals), computers, personal
electronic devices, any medication or medical equipment which may
be required in-flight or during your trip or which cannot be
swiftly replaced if lost or damaged, house or car keys, valuable
documents (including, but not limited to, business documents,
passports and other identification documents, negotiable papers,
securities, deeds), or samples. If an item of Unchecked Baggage is
required, for any reason, to become Checked Baggage, you must
remove all items of the type just mentioned beforehand.
8.3.5 If, despite being prohibited, any items referred to in
Articles 8.3.1, 8.3.2 or 8.3.4 are included in your Baggage, we
shall not be responsible for any loss or damage to such items.
8.3.6 You must not include in Unchecked Baggage real, replica or
toy weapons (plastic or metal), or any object which looks like a
weapon or could reasonably be mistaken for a weapon, tradesman's
tools, ammunition, explosives or anything which contains
explosives, catapults, darts, household cutlery, scissors,
corkscrews, metal nail files, knives with blades of any length,
knitting needles, paper knives, sporting bats and clubs, razor
blades (except safety razors and accompanying cartridges),
billiard, snooker or pool cues, hypodermic needles (except those
required for medical reasons and accompanied by a medical
certificate confirming the medical condition), hard sporting balls
or martial arts devices, safety matches or lighters.
8.4 Right to refuse carriage
8.4.1 Subject to Articles 8.3.2 and 8.3.3, we will refuse to
carry as Baggage the items described in Article 8.3, and we may
refuse further carriage of any such items upon discovery.
8.4.2 We may refuse to carry as Baggage any item reasonably
considered by us to be unsuitable for carriage because of its size,
shape, and weight, content, character, or for safety or operational
reasons, or the comfort of other passengers. Information about
unacceptable items is available upon request.
8.5 Right of search
For reasons of safety and security we may require you to submit
to a search and scan of your person and a search and 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 8.3.1 or any firearms, ammunition or weapons
which have not been presented to us in accordance with Articles
8.3.2 or 8.3.3. If you are unwilling to comply with our
requirements, we may refuse to airlift you and your Baggage. In the
event a search or scan causes Damage to you, or scan causes damage
to your Baggage, we shall not be liable for such Damage unless due
to our fault or negligence.
8.6 Checked Baggage
8.6.1 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.
8.6.2 Checked Baggage must have your name or other
personal identification affixed to it
8.6.3 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, or the reason for carriage of the Baggage on
another aircraft related to the size, weight or character of the
Baggage or your failure to comply with these Conditions of
Carriage.
8.6.4 You must ensure that your Checked Baggage and Unchecked
Baggage are sufficiently robust and well secured to withstand the
usual and normal rigours of carriage by air without sustaining
damage (except fair wear and tear) and that they are properly
locked.
8.7 Unchecked Baggage
8.7.1 We may specify maximum dimensions and/or weight for
Unchecked Baggage which you carry onto the aircraft. If we have not
done so, Unchecked 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 Unchecked 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.
8.7.2 Objects not suitable for carriage in the cargo
compartment (such as delicate musical instruments), and which do
not meet the requirements in Article 8.7.1, will only be accepted
for carriage in the cabin compartment if you have given us notice
in advance and permission has been granted by us. You may have to
pay an extra charge for this service.
8.8 Collection and delivery of checked
baggage
8.8.1 Subject to Article 8.6.3, you are required to
collect your Checked Baggage as soon as it is made available at
your destination or Stopover. Should you not collect it within a
reasonable time, we may charge you a storage fee. Should your
Checked Baggage not be claimed within twenty four (24) hours of the
time it is made available, we may dispose of it without any
liability to you.
8.8.2 Only the bearer of the Baggage Check and Baggage
Identification Tag is entitled to delivery of the Checked Baggage.
We cannot take any responsibility for ensuring that the bearer of
the Baggage Check is entitled to delivery.
8.8.3 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.
8.9 Animal
8.9.1 No animals will be accepted by us for carriage
without our prior agreement at the time of booking and in
compliance with procedures and conditions as specified by us.
8.9.2 We do not accept any responsibility for any animal
we refuse to carry on the aircraft and you will be solely
responsible for making the necessary arrangements for any animal
you attempt to carry on the aircraft and to which carriage has been
refused. Furthermore, we will have no liability to you if you are
unable to travel as a result of the refusal of carriage to any
animal you attempt to carry on the aircraft.
ARTICLE 9 -
Schedules, Delays, Cancellation of Flights and Denied
Boarding
9.1 Schedules
9.1.1 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 of
carriage with us.
9.1.2 Before we accept your booking, we will notify you
of the scheduled flight time in effect as of that time, and it will
be shown on your Ticket. It is possible we may need to change the
scheduled flight time subsequent to issuance of your Ticket. If you
provide us with contact information, we will try to notify you of
any such changes.
9.1.3 If, after you purchase your Ticket, we make a significant
change to the scheduled flight time which is not acceptable to you,
you will be entitled to an involuntary refund in accordance with
our policy if you have acted reasonably.
9.2 Cancellation, re-routing, delays,
etc.
9.2.1 Departure and flight times are not guaranteed. For
operational reasons or unusual or unforeseen circumstances, delays
may occur, but we will take all reasonably necessary measures to
avoid delay in carrying you and your Baggage. In the exercise of
these measures and in order to prevent a flight cancellation, at
our discretion we may arrange for a flight to be operated on by an
alternative carrier and/or aircraft. This is however applicable to
Charter Flight only.
9.2.2 If we cancel a flight due to be operated by us, fail to
operate a flight reasonably according to the schedule, we shall
make an involuntary refund in accordance with the provisions of
Article 10.3.
9.3 Denied Boarding
9.3.1 If overbooking of a flight operated by us means we are
unable to carry you even though you hold a valid Ticket for the
flight with a Confirmed Reservation and you have presented yourself
for check-in within the time limit specified in Article 6, we shall
compensate you according to, and to the extent required by,
applicable law and our denied boarding policy, and where relevant
you should ask us about your rights.
Denied Boarding compensation will not be paid by us if:
9.3.1.1 Carriage has been denied for reasons beyond our control;
or
9.3.1.2 You have refused to undergo a security check or obey
lawful instructions given to you by us or on our behalf; or
9.3.1.3 There are any other circumstances which entitle us to
refuse to carry you, including, but not limited to applicable law
or application of these Conditions of Carriage; or
9.3.1.4 You are traveling free or at a discount that is not
available to the general public; or
9.3.1.5 You present yourself with a lost, stolen, fraudulent or
otherwise suspicious ticket.
9.3.2 Acceptance of the denied boarding
compensation relieves us from any further liability in connection
with the Denied Boarding.
ARTICLE 10 -
Refunds
10.1 Refund Situations
Refunds will be made in the following situations:
10.1.1 When a passenger cancels flight due to change in plan,
the passenger is required to give us notice of such cancellation
within the time limit of 12 hours before the expected time of
departure or else it will become a "no show" situation subject to a
no show surcharge as prescribed in Appendix 1 - Tariff - Table C of
this Policy. When a passenger cancels within the notification time
limit of 12 hours, ticket is refundable, subject to 10%
administrative surcharge or as may be indicated in the Appendix 1 -
Tariff - Table C which may be varied from time to time.
10.1.2 If a passenger makes payment just before flight and
cancels before the flight, refund is made within 24 hours upon the
passenger's request less service charges or cancellation fee in
accordance with Appendix 1 - Tariff - Table C.
10.1.3 If passenger arrives when flight has departed on
schedule, tickets may be re-used subject to availability of seat on
our next flight. However, if the Passenger requests for a refund,
then, same will be subject to a no show surcharge in accordance
with Appendix 1(2) - Tariff - Table C.
10.1.4 If due to operational reasons we cancel flights, Ticket
will remain valid and can be used within the validity period of
three months from the date of purchase of ticket. Full refund will
be made immediately if customer insists, however, this will be
subject to cash availability at the station, otherwise payments
will be made within 24 hours.
10.2 Involuntary
refunds
10.2.1 If we cancel a flight, where you hold a Confirmed
Reservation and the ticket remains used within the validity period,
the amount of the refund shall be an amount equal to the fare
paid;
10.2.2 We will make a refund according to Article 10.2.1
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
actual flight for which you were refused carriage. Apart from this,
we will have no liability to you for any loss or expense
whatsoever.
10.2.3 If your carriage is prematurely terminated by us
pursuant to Article 11.4 because of your breach of duty in relation
to your conduct aboard an aircraft, the amount of your refund will
be calculated according to Article 10.2.1 except that no refund
will be given in respect of the flight during which your breach of
duty occurred. Additionally, we shall be entitled to deduct from
any refund due to you an administration fee as well as any costs
due for reimbursement by you under Article 11.4.5.
10.3 Voluntary
refunds
If you are entitled to a refund of your Ticket for reasons other
than those set out in Article 10.2 , the amount of the refund shall
either be as specified in Article 10.1.1 or 10.1.2 or 10.1.3.
10.4 Refund on lost
ticket
10.4.1 If you lose your Ticket, upon providing us with the
following satisfactory proof of loss namely: (a) sworn affidavit of
loss of ticket (b) police report, and payment of a 25%
administrative charge, a refund will be made as soon as practicable
after the expiry of the validity period of the Ticket, on the
conditions that:
10.4.1.1 The lost Ticket, has not been used, previously refunded
or replaced (except where the use, refund or replacement by or to a
third party resulted from our own negligence); and
10.4.1.2 The person to whom the refund is made undertakes, in
such form as may be prescribed by us (that is completion of Loss of
Ticket Indemnity Form), to repay to us the amount refunded in the
event of fraud and/or to the extent that the lost Ticket is used by
a third party (except where any fraud or use by a third party
resulted from our own negligence). Where the lost Ticket is used 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 a reasonable
administrative fee.
10.4.2 If we lose the Ticket, the loss shall be our
responsibility.
10.5 Right to refuse
refund
10.5.1 We may refuse a refund where application is made after
the expiry of the validity of the Ticket.
10.5.2 We will refuse 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 and 11.2).
10.6 Currency
We reserve the right to make a refund in the same manner and the
same currency used to pay for the Ticket.
ARTICLE 11 -
Unacceptable Conduct Aboard Aircraft
11.1 General
At all times while engaged in carriage aboard aircraft, you will
behave in a manner 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 assault any person, threaten, abuse or
insult other passengers or members of the crew, cause the loss of
or damage to property, or prejudice the health of, or cause
distress, discomfort or unnecessary inconvenience to, any passenger
or crew member;
11.1.4 Obstruct, hinder or interfere with the crew in the
performance of their duties;
11.1.5 Contravene any instruction or direction of the crew or
the carrier - whether oral or by notice - issued for the purpose of
securing the safety or security of the aircraft and of persons or
property and/or the comfort or convenience of passengers,
including, but not limited to, instructions concerning security,
seating, smoking, consumption of alcohol or use of drugs, use of
electronic equipment including, but not limited to, mobile/cellular
telephones, laptop computers, PDAs, portable recorders, portable
radios, CD, DVD and MP3 players, electronic games or transmitting
devices such as radio controlled toys and walkie talkies.
11.2 Onboard alcohol
For safety reasons, consumption of alcohol by passengers is
restricted to alcohol served by us with the result that alcohol
purchased by passengers cannot be consumed aboard our aircraft.
11.3 Smoking policy
Smoking is not permitted on any of our flights.
11.4 Breach of duty
If, in our reasonable opinion, you fail wholly or partially to
observe any 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 such conduct
including, but not limited to, physical restraint and/or removal of
you from the aircraft
11.4.3 We may decide to refuse you boarding at any
time in the future; and
11.4.5 You will reimburse us 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 apply the value
of any of your funds in our possession against such payment or
expenses.
ARTICLE 12 -
Administrative Formalities
12.1 General
12.1.1 You are responsible for obtaining all required passports,
travel documents, health certificates, for complying with all laws,
regulations, orders, and demands.
12.1.2 We shall not be liable for the consequences to any
Passenger resulting from his or her failure to obtain such
documents or to comply with such laws, regulations, orders,
demands, requirements, rules or instructions.
12.1.3 You shall submit to any security checks by governments,
airport officials or by us.
ARTICLE 13 -
Liability for Damage
13.1 Applicable law
The liability of each carrier will be determined by applicable
law and the carrier's conditions of carriage. Applicable law may
comprise of the Civil Aviation Act 2006, Laws of the Federal
Republic of Nigeria and the Montreal Convention. The Montreal
Convention applies to international carriage/transportation, as
defined in the Convention and same will only be applicable to your
carriage if the Civil Aviation Act is silent on the particular
issue to be redressed. Provisions concerning our liability are set
out in Articles 13.2 to 13.6.
13.2 Scope of liability
We will be liable only for Damage occurring during carriage on
flights or flight segments operated by us or in relation to which
we have a legal liability to you.
13.3 General limitations
13.3.1 Wherever the Civil Aviation Act 2006 or the
Montreal Convention applies to your carriage, our liability will be
subject to the rules and limitations of the Civil Aviation Act 2006
being a domestic flight.
13.3.2 We will be wholly or partly exonerated from liability if
the Damage was caused or contributed to by your negligence,
wrongful act or omission, or the negligence of the person from whom
you derive your rights or, if different, the person suffering the
Damage.
13.3.3 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.
13.3.4 Except to the extent inconsistent with the Montreal
Convention, 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.
13.3.5 In some circumstances, we may be wholly or partly
exonerated from liability if the Damage did not result from our
negligence or, alternatively, resulted from the negligence of a
third party.
13.3.6 Except where other specific provision is made in these
Conditions of Carriage, we shall be liable to you only for
recoverable compensatory damages for proven losses and costs in
accordance with the Civil Aviation Act or Montreal Convention,
(where applicable).
13.3.7 The contract of carriage, including these Conditions of
Carriage and all applicable exclusions and limits of liability,
applies for the benefit of our employees and representatives to the
same extent as they apply to us. The total amount recoverable from
us and from such employees, representatives and persons shall not
exceed the amount of our own liability, if any.
13.3.8 Nothing in these Conditions of Carriage:
13.3.8.1 Gives up or waives any exclusion or
limitation of our liability under the Civil Aviation Act or the
Montreal Convention applicable laws unless otherwise expressly
stated by us in writing; or
13.3.8.2 Prevents us from excluding or limiting our
liability under the Civil Aviation Act or the Montreal Convention
or any laws which apply or gives up any defense available to us
there under 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.
13.4 Death or injury of
passengers
In the event of death, wounding or other bodily injury suffered
by a passenger as a result of an accident covered by the Civil
Aviation Act or the Montreal Convention:
13.4.1 Our liability for proven damages shall be subject
to the financial limit, as prescribed by the Civil Aviation Act or
any other law regulating Domestic Carriage by Air in Nigeria and/or
the Montreal Convention;
13.4.2 We agree to make advance payments, subject to the
following conditions, namely:
13.4.2.1 The person receiving payment is a natural person;
13.4.2.2 You are, or the person receiving payment is, entitled
to compensation under applicable laws;
13.4.2.3 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;
13.4.2.4 All payments will be made subject to the condition that
they will be returned to us on proof that the recipient has ceased
to be able to comply at all times with Article 13.4.2.2 or he or
she or the Passenger to whom the payment relates, caused or
contributed to the Damage to which the payment relates;
13.4.2.5 Payments will be off-set against any subsequent sums
payable in respect of our liability under applicable laws;
13.4.2.6 The making of a payment will not constitute
recognition or admission of liability by us;
13.4.2.7 No payment will be made unless the person receiving
payment gives us a signed receipt which also acknowledges the
applicability of Articles 13.4.2.4, 13.4.2.5 and 13.4.3.6; and
13.4.2.8 Save the extent in conflict with any applicable
law, and subject to payment prescribed by the law in the case of
death, our decision in relation to the payment amount will be final
and binding.
13.5 Baggage
13.5.1 We will not be liable for Damage to Unchecked
Baggage.
13.5.2 Except as provided in Article 13.5.3, our maximum
liability is limited to the national currency equivalent of
1,000.00 Special Drawing Rights (as determined by applicable law)
per passenger for Checked Baggage only as provided by Civil
Aviation Act applicable to domestic carriage in Nigeria. We shall
have no liability whatsoever for damage to articles contained in
unlocked or unsecured baggage. Neither will we accept liability for
cosmetic and/or superficial damage caused to baggage as a result of
normal wear and tear during the course of carriage. All claims made
under the Civil Aviation Act must be substantiated by documented
proof of purchase, including date and price of purchase.
Depreciation will be deducted.
13.5.3 The maximum limits of liability stated in Article 13.5.2
shall not apply if; (i) the Damage resulted from an act or omission
of the carrier done with intent to cause Damage or recklessly and
with knowledge that Damage would probably result; or (ii) in the
case of Checked Baggage, a higher value is declared in writing at
the time it was handed to the carrier and an additional charge is
paid to the carrier pursuant to an excess valuation facility at the
rate of US$1 (or naira equivalent) per each US$100 (or naira
equivalent) (or part thereof) to a maximum limit of US$2,500 (or
naira equivalent) in excess of the limits of liability specified in
Article 13.5.2.
13.5.4 Where an additional charge is paid pursuant to an excess
valuation facility for Checked Baggage, our liability shall be
limited to a maximum of such higher declared value.
13.5.5 Where applicable law provides that different limits of
liability are applicable to Unchecked Baggage and/or Checked
Baggage, such different limits shall apply.
13.5.6 If the weight of the Baggage is not recorded on the
Baggage Check, it is presumed for all purposes that the total
weight of the Checked Baggage does not exceed the applicable free
baggage allowance for the class of carriage applicable to the
Passenger's booking.
13.5.7 Except to the extent inconsistent with the Civil Aviation
Act or the Montreal Convention (where applicable), we shall have no
liability whatsoever for Damage to articles not permitted to be
contained in Checked Baggage under Article 8.3, or carried as
Unchecked Baggage including but not limited to fragile or
perishable items, valuable items (including, but not limited to,
money, jewelry, precious metals, computers, personal electronic
devices), any medication or medical equipment which may be required
in flight or during your trip or which cannot be swiftly replaced
if lost or damaged, house or car keys, valuable documents
(including, but not limited to, business documents, passports and
other identification documents, negotiable papers, securities,
deeds), or samples.
13.5.8 Except to the extent inconsistent with the Civil Aviation
Act or the Montreal Convention (where applicable), we shall have no
liability whatsoever for damage to articles contained in unlocked
or unsecured Baggage. Neither will we accept liability for cosmetic
and/or superficial damage caused to Baggage as a result of normal
wear and tear during the course of any of the operations of
carriage.
13.5.9 We shall have no liability where the Damage resulted from
the inherent defect, quality or vice of the Baggage. Likewise, we
will not be liable for fair wear and tear of Baggage resulting from
the usual and normal rigors of transportation by air (see also
Article 8.6.4 regarding the suitability of your Baggage for
transportation by air).
13.5.10Where your Baggage has a greater value than the limit of
our liability stated in Article 13.5.2, you should bring that fact
to our attention at check-in so that you may make a special
declaration and pay a supplementary sum according to Article 13.5.3
or fully insure the value of the Baggage prior to travel. In any
event, any portion of the value of your Baggage above our
applicable limit of liability should be insured by you prior to
travel.
13.6 Passenger delays
Our liability for Damage caused by delay to your carriage by air
is limited by the Civil Aviation Act or the Montreal Convention
(where applicable). Where neither of those laws apply, we will have
no liability to you except as provided in these Conditions of
Carriage.
ARTICLE 14 -
Time Limits for Baggage Claims, Processing Of Baggage Claims, And
Time Limits for All Actions for Damages
14.1 Notice of claims
Acceptance of Baggage by the bearer of the Baggage Check without
complaint at the time of delivery is sufficient evidence that the
Baggage has been delivered in good condition and in accordance with
the contract of carriage, unless you prove otherwise.
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 Twenty Four (24) Hours of receipt
of the Baggage.
14.2 Processing of Baggage
claims
14.2.1 All claims for compensation for Damage to Baggage must by
accompanied by an itemized list identifying each affected item by
description, manufacturer and age, together with proof of purchase
or ownership for all such items. Depreciation will be deducted from
claims, where we consider appropriate.
14.2.2 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 reparability of that damage.
14.2.3 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.
14.2.4 If required by us, you will sign a statement of truth
regarding the facts of your claim for Damage to Baggage before we
pay any compensation to you.
14.2.5 Failure by you to fully comply with the relevant
requirements of Article 14.2 may adversely affect the amount of any
compensation to which you may be entitled.
14.3 Limitation of
actions
Any right to Damages shall be extinguished if an action is not
brought within two days 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 15 -
Other Conditions
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: the
carriage of unaccompanied minor pregnant women and sick passengers,
restrictions on use of electronic devices and items, the onboard
consumption of alcoholic beverages, security, forbidden items in
Baggage, limits on size and weight of Baggage, and airport
operational policies.
Regulations and conditions concerning these matters are
available from us upon request.
ARTICLE 16 -
Interpretation
16.1 Our interpretation of applicable
government laws, regulations, or orders in relation to Articles
7.1.1 (right to refuse carriage) and 11.1.1 (conduct aboard
aircraft) shall be final and binding even if it subsequently proves
incorrect provided that at all material times we had no reasonable
grounds for believing otherwise.
16.2 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.
APPENDIX 1
SCHEDULE OF
TARIFF
TABLE A - Fares
Fares apply only for carriage from the airport at the point of
origin to the airport at the point of destination. Fares do not
include ground transport service between airports and between
airports and town terminals.
i) Infant Fare - Passenger who falls within the
age bracket 0 - Under 2 years is categorized as an infant. The air
fare payable by this category of passenger is calculated based on
10% of the adult fare chargeable on any of our route.
ii) Child Fare - Passenger who falls within the
age bracket 2 - Under 12 years is categorized as a child. The air
fare payable by this category of passenger is calculated based on
75% of the adult fare chargeable on any of our route PROVIDED that
a copy of satisfactory proof of the child's age such as
International Passport or birth certificate is made available to us
before the issuance of the Ticket.
Note that child fare rate will not be applied if the child is to
board our aircraft as an unaccompanied minor. In this circumstance,
adult fare rate will be charged.
TABLE B (1)- Extension of Validity & Revalidation of
Ticket
|
NO.
|
DESCRIPTION
|
TARIFF
|
|
1.
|
Revalidation
Fee
|
N5,000.00
|
|
|
|
|
TABLE B (2) - Re-scheduling & Re-routing of Flight
Tariff
|
NO.
|
DESCRIPTION
|
REMARKS
|
TARIFF
|
|
1.
|
Re-Routing
|
Change of initial route or destination
|
N1,500.00 + (Fare difference
if applicable)
|
|
2.
|
Re-Scheduling of Flight (i.e. Date Change)
|
72 hrs before
departure
|
Free
|
|
Less than 72 hrs to departure but NOT within the
Admin/No-Show Surcharge time Limit
|
N1,500.00
|
TABLE C - REFUND SITUATIONS
Refunds will be made in the following situations:
a) When a passenger cancels flight due to change in plan, the
passenger is required to give us notice of such cancellation within
the time limit of 12 hours before the expected time of departure or
else it will become a "no show" situation subject to 20% no show
surcharge. Ticket is refundable, subject to 10% administrative
surcharge when a passenger cancels within the notification time
limit of 12 hours.
b) If a passenger makes payment just before flight and cancels
before the flight, refund is made within 24 hours upon the
passenger's request less N1,000.00 (One Thousand Naira only)
service charges or cancellation fee.
c) If passenger arrives when flight has departed on schedule,
tickets may be re-used subject to availability of seat on our next
flight. However, if the Passenger request for a refund, then, same
will be subject to 20% no show surcharge. Please note that we are
not liable for the "no show" situation.
d) If due to operational reasons we cancel flights, Ticket will
remain valid and can be used within the validity period of three
months from the date of purchase of ticket. Full refund will be
made immediately if customer insists, however, this will be subject
to cash availability at the station, otherwise payments will be
made within 24 hours.