General Terms and Conditions of Carriage
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Safair Operations Proprietary Limited
a company duly incorporated in accordance with the company laws of the Republic of South Africa with Registration Number 2007/032915/07, and having its principal place of business at Northern Perimeter Road, O.R. Tambo International Airport, Bonaero Park, 1619, South Africa
Hereinafter referred to as the “Carrier”
Table of Contents
No | Clause
1 Definitions and Interpretation
5 Booking of seats / reservations.
6 Check-in and other requirements of carriage.
7 Refusal and limitation of carriage.
9 Schedules, cancellations.
11 Conduct aboard aircraft.
12 Liability limitations.
13 Time limitation on claims and Actions.
15 Modification and Waiver.
18 Uncontrollable Events (Force Majeure)
19 Indulgence and Relaxation
20 Whole Agreement
No | Schedule Page
Fees and Charges. 17
1 DEFINITIONS AND INTERPRETATION
1.1 "Baggage" means all personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage;
1.2 "Baggage Identification Tag" means a document issued by us solely for identification of Checked Baggage;
1.3 "Booking Confirmation" means the document issued, electronically or otherwise, by the Carrier, confirming a booking, containing the booking reference number and these Terms and Conditions;
1.4 "Checked Baggage" means Baggage of which we take custody and for which we have issued a Baggage Identification Tag;
1.5 "Damage" includes death, bodily injury to a Passenger, delay, loss, partial loss or other, including damage to Baggage, arising out of or in connection with carriage or other services incidental thereto, performed by us;
1.6 "Days" means calendar days, including all 7 (seven days) of the week, provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted;
1.7 "Domestic Flight" means carriage wholly within the Republic of South Africa;
1.8 "Fees and Charges" means the page titled "Fees and Charges" on our Website and further stipulated in these Terms and Conditions as Schedule 1;
1.9 "Journey" means a flight or flights pursuant to a Booking Confirmation;
1.10 "Passenger"," you", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft with our consent;
1.11 "Sector" means the flight from the airport at the point of origin to the airport at the point of destination on a flight operated by us;
1.12 "Seat" means a seat in our aircraft;
1.13 "Terms & Conditions" means these Terms and Conditions of carriage;
1.14 "Unchecked Baggage", means any Baggage other than Checked Baggage including all items brought by you into the aircraft cabin;
1.15 "We", "our", "ourselves", "us" means the Carrier;
1.16 "Website" means www.flysafair.co.za provided by us for the purpose of Passengers making online bookings and to access information about us.
1.17 “Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, government controls / restrictions / prohibitions / failures, rebellions or revolutions in any country, power outages and / or load shedding, industrial disputes, strikes or work stoppages of any kind or any other similar or dissimilar cause, or any other event or occurrence that is outside of our control that may result in a delay or a failure to comply with these Terms & Conditions;
2.1.1 These Terms & Conditions apply to, the carriage by air or by other means of transportation including surface transportation of Passengers and Baggage performed by us or on our behalf and, to any liability we may have in relation to such carriage and transportation;
2.1.2 If you have been issued with a ticket and/or an itinerary in terms of which you are to be carried on another airline or check-in your Baggage for carriage on another airline, we do so only as agent for that other airline. The conditions of carriage of such other airline will apply. Unless otherwise advised in your itinerary, there are no Baggage transfer facilities available. It shall be your responsibility to ensure adequate time for interconnection between our flights and any flights booked through us on another airline, including allowing for adequate time to collect your Baggage from one flight and check it in for the next flight. The Carrier does not guarantee connections, even where we issue you with a ticket and/or itinerary for you to be carried on another airline.
2.2 Terms & Conditions prevail: except as provided in these Terms & Conditions, in the event of an inconsistency between these Terms & Conditions and any other provision of the conditions of contract or any other regulations we may have in dealing with particular subjects, these Terms & Conditions shall prevail.
2.3 Language: the language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other languages, English shall be the sole language used in the interpretation of these Terms & Conditions.
2.4 Overriding laws: if these Terms and Conditions or any part thereof is inconsistent with any legislation or regulation(s) of the Republic of South Africa, such legislation or regulation(s) shall prevail to the extent of the inconsistency. The invalidity of any provision shall not affect the validity of any other provision; such provision shall be regarded as severable.
3.1 Proof of booking: the Booking Confirmation shall serve as prima facie proof of the contract for carriage between a Passenger and the Carrier. Carriage of a Passenger is subject entirely to these Terms and Conditions and any written authorised direction given by or on behalf of Carrier to the Passenger.
3.2 Validity: the Booking Confirmation is only valid for the Passenger(s) named, and the flight(s) specified, therein subject to any subsequent changes in accordance with Clause 5.3 (reservation changes) below. Booking Confirmations are valid for 1 (one) year from the date of issue.
3.3 Identity: carriage will only be provided to the Passenger so named in the Booking Confirmation. You will be required to produce appropriate identification at check-in. Please refer to Clause 6 (check-in and other requirements of carriage) for more details.
4.1 General: fares apply only to carriage by us from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and town terminals unless otherwise specifically stated by us.
4.2 Taxes and insurance charges: any tax, fee or charge imposed by a government or other authority or by the operator of an airport in respect of your use of any services or facilities will be in included in our fares administration fees and charges shall be borne by you, unless otherwise specifically stated by us. Such taxes, fees and charges imposed on air travel are subject to change from time to time and can be imposed after the date that your booking has been confirmed. You shall nevertheless be liable for such tax, fee or charge as and when they fall due prior to departure unless otherwise stated;
4.3 Currency: fares and charges are payable in the currency prescribed by our published fares unless otherwise specifically agreed by us.
4.4 Accuracy: all fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise any fares and flight schedules at any time and from time to time without prior notice subject to clause 9 (Schedules, Cancellations).
4.5 Applicable fares: are those published by us on our Website or on our behalf, whether electronically or by way of any other medium. Fares may include administration fees, service charges and other charges unless otherwise specifically stated by us.
4.6 Administration fee: we reserve the right to charge a reasonable administration fee for ancillary services which are not included in the Booking Confirmation.
5 Booking of seats / reservations
5.1 Reservation requirements: the booking of a Seat is confirmed after full payment of the fare is made and a Booking Confirmation is issued to you. Once confirmed, the booking cannot be cancelled and payments made are not refundable, except as provided in these Terms and Conditions.
5.2 Group bookings: these are governed by specific terms that vary from time to time. The following are general terms pertaining to group bookings subject to confirmation from ourselves:
5.2.1 10 (ten) or more Passengers are considered to be a group;
5.2.2 group bookings can be facilitated by contacting the call centre or our groups department;
5.2.3 free name changes are available for group bookings;
5.2.4 date and route changes are permitted at an additional administration per Passenger per flight;
5.2.5 we require the full names of all Passengers flying as a group no less than 2 (two) weeks prior to the flight;
5.2.6 passenger seats will be released should you fail to make payment or provide passenger details;
5.2.7 group passengers are allowed one free checked-in bag not exceeding 20kgs (twenty kilograms). A heavy bag fee of R450.00 (four hundred and fifty Rand) will be charged per bag at the airport exceeding 20kgs (twenty kilograms) but limited to 32kgs (thirty-two kilograms);
5.2.8 for operational reasons, extra bags can be pre-arranged through our Groups Department no later than 24 (twenty-four) hours prior to departure and will be at a cost of R250.00 (two hundred and fifty Rand) per bag. Extra bags purchased at the airport will be at a cost of R450.00 (four hundred and fifty Rand) per bag;
5.2.9 groups are requested to check-in 2 (two) hours prior to their flight departure time;
5.2.10 no refunds on groups will be permitted.
5.3 reservation changes: 2 (two) hours or less before the scheduled flight's departure time, no changes to the reservation will be allowed and the Passenger shall be deemed to be a no show. Any time prior to 2 (two) hours before the scheduled flight's departure time, you may change the booked flight to another flight subject to availability via our Website, call centre or at any of our airport offices, subject to the following conditions:
5.3.1 changes made through our call centre and Website require immediate settlement by credit card. Changes confirmed at our airport offices may be paid in cash;
5.3.2 an administration change fee will be charged per Passenger per change plus the difference between the old and the new airfare;
5.3.3 if the new flight booked is at a lower fare than that of the cancelled booked flight, the difference in fares will not be refunded to the Passenger;
5.3.4 if the new flight booked is at a higher fare than that of the cancelled booked flight, the difference in fares shall be paid by the Passenger before the cancellation or change can be made;
5.3.5 the change is not confirmed until we issue you a new Booking Confirmation.
5.4 Promotional fares: the terms and conditions stipulated in Clause 5.3 (reservation changes) regarding flight change rules do not apply to certain selected promotional fares. Please refer to the terms and conditions of the specific promotion for further details.
5.5 Payment: fares must be paid in full when a booking is made. Proof of payment must be received by us 24 (twenty-four) hours following the provisional booking for the booking to be finalised. In the event that the fare has not been paid in full, we reserve the right to cancel the booking at any time prior to check-in and/or to disallow you to board the aircraft;
5.6 Personal data: You hereby acknowledge and agree that your personal data has been given to us for the purposes of making a booking for carriage and providing you with confirmation of that booking, and facilitating, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you; [ENS NOTE: If Safair plans to use the personal information for direct marketing purposes, it is advisable to state that here under clause 69 of the Protection of Personal Information Bill (which will soon be signed into law by the President). Also if others, such as agents, will process information on behalf of Safair, it should also be mentioned here (see condition 3 of POPI). It is furthermore strongly advisable to stipulate how long records of this information will be kept for (see clause 14 of the Bill).]
5.7 Seating: 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 or security reasons. No smoking is permitted on any of our flights. You agree to accept any seat that is made available to you onboard the aircraft by our flight crew.
6 Check-in and other requirements of carriage
6.1 Check-in, deadlines and conditions: you must arrive at the airport sufficiently in advance of the scheduled flight departure time to permit completion of any airport formalities and check-in procedures. Our airport check-in counters will be open 2 (two) hours before the scheduled flight departure time and will close 40 (forty) minutes before departure for Baggage acceptance. It is your responsibility to ensure that you comply with these deadlines, particulars of which will be available to you at the time you make your booking. In any event we reserve the right not to check you in if you arrive at our airport check-in counter less than 40 (forty) minutes before the scheduled departure time of your flight. Without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check-in without any liability to us and without having to refund to you any fare paid;
6.2 Requirements for airport check-in: during check-in you are required to present certain information relating to your flight and identity. Information required to be presented at check-in is: the Booking Confirmation for the flight and any acceptable forms of identification namely; a South African identity book, identity card or South African driver's licence or a valid passport. Minors under the age of 2 (two) years are not required to check-in as they are not required to book a Seat for themselves, however proof of the minor’s age in the form of a birth certificate or passport must be presented;
6.3 Online check-in: an online check-in is available via our Website for Passengers not carrying Checked Baggage and will only be available for Passengers with permitted hand Baggage. There will be a designated bag drop off counter available at our departure destinations for this purpose. Passengers will still be required to bring the identification contemplated in clause 6.2 (requirements for airport check-in) above. The online check-in facility will be available 24 (twenty-four) hours before the scheduled departure time and shall close 2 (two) hours prior to departure;
6.4 Boarding: you are required to be at the boarding gate (after checking in) at least 40 (forty) minutes before the scheduled departure time. Boarding opens 30 (thirty) minutes prior to departure. Passengers arriving late at the boarding gate will not be accepted for travel, their bags will be offloaded and no compensation shall be given. For travel on a later flight, you will be required to make a new booking at the applicable fare;
6.5 No-show: if you fail to check-in on time or fail to board the aircraft by the time the aircraft departs, you will be regarded as a no-show and the fare you paid will not be refunded to you for any reason whatsoever;
6.6 Travel documents: you are solely responsible for obtaining and must possess and have available for presentation, as required by the relevant authorities at all points of entry and exit, any health and other documentation required by legislation, regulations, orders, demands or requirements of the Republic of South Africa. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such legislation, regulations, orders, demands or requirements;
6.7 Passenger responsible for fines, detention costs: should we be required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with the legislation or regulations of the Republic of South Africa, you shall on demand reimburse to us any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession;
6.8 Security inspections: you shall submit to any security or health checks by government or airport officials or by us.
7 Refusal and limitation of carriage
7.1 Right to refuse carriage: we may refuse carriage of you or your Baggage if, in the exercise of our reasonable discretion, we determine that:
7.1.1 such action is necessary for reasons of safety or security;
7.1.2 such action is necessary in order to comply with any applicable laws and regulations of the Republic of South Africa;
7.1.3 your conduct, status, age or mental or physical condition or the physical condition of your Baggage is such as to:
22.214.171.124 require special assistance; or
126.96.36.199 cause harm or discomfort or is in some way objectionable to other Passengers or our crew; or
188.8.131.52 involve any hazard or risk to yourself or other Passengers, crew or to any property.
7.1.4 You have committed misconduct on a previous flight;
7.1.5 You have not observed, or are likely to fail to observe our instructions;
7.1.6 You have refused to submit to a security check;
7.1.7 The applicable fare or any charges or taxes payable have not been paid; or credit arrangements agreed between us and you (or the person paying the fare) have not been adhered to;
7.1.8 The payment of your fare is fraudulent;
7.1.9 You do not have the proper documents for travel;
7.1.10 The booking of your Seat has been done fraudulently or unlawfully or has been purchased from a person not authorised by us;
7.1.11 The credit card by which you paid the fare has been reported lost or stolen;
7.1.12 The Booking Confirmation is counterfeit or was fraudulently obtained;
7.1.13 The Booking Confirmation has been altered by someone other than us or our authorized agent(s), or has been mutilated (in which case we reserve the right to retain such documentation);
7.1.14 The person checking in or boarding cannot prove that he is the person named as the Passenger on the Booking Confirmation (we reserve the right to retain such Booking Confirmation in this circumstance).
7.2.1 For the purposes of these Terms and Conditions, an infant is any child under the age of 2 (two) years (on the date of travel). Infants may fly at the prevailing administration fee per Sector provided he/she sits on an adult's lap;
7.2.2 Only 1 (one) infant is allowed per 1 (one) adult;
7.2.3 No baby seats or perambulators are allowed in the cabin of the aircraft;
7.2.4 Infants must be accompanied by their parents or a legal guardian;
7.2.5 Infants do not occupy a Seat;
7.2.6 A child over the age of 2 (two) years will require their own Booking Confirmation and separate Seat like any other Passenger;
7.2.7 A carry-on bag for the infant is allowed, provided it complies with the required dimensions.
7.2.8 Passengers with infants will not be allowed to sit in any emergency exit rows;
7.2.9 Newborn babies less than 7 (seven) days old will not be accepted for carriage;
7.2.10 Infants will be charged a percent of the adult fare.
7.3 Unaccompanied children: may be carried as Passengers subject to the following:
7.3.1 Children below 12 years of age will not be accepted for carriage unless they are accompanied by a Passenger who is a parent or his/her legal guardian or minder 16 years of age or over the age of 16 years, who will take full responsibility for the child. A maximum of 5 (five) children per parent, legal guardian or minder will be allowed;
7.3.2 Young persons over the age 12 years of age (inclusive) may be accepted for carriage unaccompanied on the request of his/her parent or legal guardian. The respective parent or legal guardian must remain at the airport until the departure of the flight;
7.3.3 Persons 16 years of age and above may travel unaccompanied.
7.4 Reduced mobility and special needs passengers: For safety reasons we can carry only a maximum of 2 (two) Passengers per flight who have reduced mobility and who require special assistance at the airport or on board.
7.4.1 Passengers unable to ascend /descend aircraft stairs will be loaded onto selected flights only due to operational constraints;
7.4.2 Bookings for Passengers with reduced mobility must be made via our call centre. Arrangements for assistance for Passengers will be made during the booking process. Failure to notify us may result in the service being unavailable upon your arrival at the airport and you being refused carriage;
7.4.3 Subject to prior arrangement, wheelchairs may be arranged from our check in counters to be used inside the airport terminals and to and from the aircraft.
7.5 Pregnant Passengers: Passengers who are pregnant are urged to consult with their physician to determine whether it is safe to travel by air, including with due consideration to the possibility of turbulence, cabin pressurization, a significantly increased risk of deep vein thrombosis associated with pregnancy and lack of ready access to medical care. This is particularly important for women in their ninth month of pregnancy, who are urged to obtain an examination from her physician shortly before flying to confirm that flying by air will be safe. Women with a history of complications or premature delivery should not fly at all. By travelling with us, pregnant women acknowledge and accept these risks. Expectant mothers may travel up to 28 (twenty eight) weeks with no medical certificate. From 28 (twenty eight) to 35 (thirty five) weeks a doctor’s note is required. From the start of the 36th week of pregnancy expectant mothers will not be accepted for travel.
8.1 Items unacceptable as Baggage or to be carried inside Baggage: We reserve the right to refuse carriage of such Baggage or such items found in Baggage as follows:
8.1.1 items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
8.1.2 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms & Conditions and Conditions of Contract;
8.1.3 items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
8.1.4 fragile or perishable items;
8.1.5 live or dead animals;
8.1.6 human or animal remains;
8.1.7 fresh or frozen seafood or other meats. Such items may be carried on board as Checked Baggage only if we are satisfied that they have been properly packed. Strictly only styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. Should Passengers refuse inspection, we have the right to reject admission of Baggage;
8.1.8 firearms and ammunition;
8.1.9 explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills), refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents), flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium), corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches); and/or
8.1.10 weapons such as antique firearms, swords, knives and similar items, notwithstanding that such items may be allowed as Checked Baggage at our absolute discretion, cannot be carried onto the aircraft for any reason whatsoever.
If any item referred to in any part of this clause is carried, whether they are prohibited or not from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Terms and Conditions applicable to the carriage of Baggage.
8.2 Valuable and fragile goods: passengers should not check-in such items as Baggage. If they are checked in as Baggage, Passengers agree that they do so at their own risk. Such items include but are not limited to; money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment, mobile phones, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts and manuscripts;
8.3 Right to search: for reasons of safety and security, we shall require you to undergo a search, either by x-ray and/or another type of scan on your person and/or your Baggage. We reserve the right to search your Baggage in your absence should you be unavailable at the time of the search, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. Should you refuse to comply with such searches or scans we reserve the right to refuse carriage without refunding your fare and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our fault or negligence. If required, you must attend the inspection of your Baggage, checked or unchecked, by any officials (including customs officials or other government officials). We will not be liable for any loss or damage suffered by you through your failure to comply with this requirement unless due to an act or an omission on our part done with intent to cause Damage or recklessly and with knowledge that Damage would probably result;
8.4 Checked Baggage:
8.4.1 Baggage check-in shall commence 2 (two) hours prior to each scheduled departure of a flight and shall close 40 (forty) minutes prior to scheduled departure of a flight;
8.4.2 Upon delivery to us of Baggage to be checked in, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage;
8.4.3 Checked Baggage must have your name or other personal identification affixed securely to it;
8.4.4 Checked Baggage will be carried on the same aircraft as the Passenger it belongs to unless we decide for safety, security or operational reasons to carry it on an alternative flight, in which case you shall be notified;
8.4.5 Each Passenger is allowed 1 (one) free checked in piece of Baggage not exceeding 20kgs (twenty kilograms);
8.4.6 Any Baggage in excess of 20kgs (twenty kilograms) including shared Baggage will be considered a heavy bag and an additional administrative fee will be charged as detailed in our Fees and charges. A maximum limit of 32kgs (thirty two kilograms) shall be applied to each individual piece of Checked Baggage;
8.4.7 Sporting equipment is included in the aforementioned 20kgs (twenty kilogram) check-in allowance;
8.4.8 If bags have been checked in online please ensure that you drop your bags at the bag drop zone at lease 40 (forty) minutes prior to departure;
8.4.9 Any bags weighing in excess of 32kgs (thirty-two kilograms) will be transported as cargo at your own cost and will not be carried on the same flight as you. Carriage of cargo will need to be arranged separately by the Passenger;
8.4.10 Maximum dimensions for Checked Baggage are 90 x 75 x 43 (ninety by seventy five by forty three) centimeters (or 35.5 x 29.5 x 16 (thirty five point five by twenty nine point five by sixteen) inches);
8.4.11 You are entitled to purchase an extra Checked Baggage up to a limit of 20kgs (twenty kilograms) at an additional administrative fee stipulated in our Fees and Charges.
8.5 Sporting equipment:
8.5.1 If you are travelling with sporting equipment and you exceed your one free Baggage allowance you will be charged for an extra bag. An additional fee for bicycles may be charged over peak periods;
8.5.2 Bicycles must be disassembled and packed according to aircraft requirements and checked in no later than 90 (ninety) minutes prior to departure. Guidelines for disassembly and packing of bicycles are as follows;
184.108.40.206 remove front wheel;
220.127.116.11 shift to the highest gear and remove back wheel if necessary;
18.104.22.168 remove pedals;
22.214.171.124 lower or remove seat post;
126.96.36.199 turn handle bars sideways and tape to the frame, ensuring the front forks are secured;
188.8.131.52 remove any accessories;
184.108.40.206 deflate the bicycle tyres;
220.127.116.11 pack your bicycle in a box or a specially manufactured bike case;
18.104.22.168 place any accessories in the box;
22.214.171.124 only bike parts must be packed in the box;
126.96.36.199 no part of the bike must protrude out of the box. Seal, label and tag.
8.6 Unchecked Baggage: a maximum of 2 (two) pieces of Baggage will be allowed to be carried on board provided that each piece of Baggage does not exceed the dimensions of 56cm X 36cm X 23cm (fifty six by thirty six by twenty three) centimeters and provided the combined weight of all Unchecked Baggage does not exceed 7kgs (seven kilograms). Such Baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board. All Unchecked Baggage will be weighed;
8.7 Objects not suitable for transport in the cargo compartment will not be accepted for transportation in the cabin compartment except as otherwise provided in these Terms and Conditions or with our prior written consent. The transport of such objects may be charged for separately;
8.8 Collection and delivery of Baggage: you shall collect your Baggage as soon as is reasonably possible once the Baggage is available for collection at your destination. If you do not collect it within a reasonable time and the Baggage needs to be stored at our premises, we may charge a storage fee. If Checked Baggage is not claimed within 3 (three) months of the time it was made available to you, we may dispose of it without any liability to you;
8.9 Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked in is entitled to delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he has established to our satisfaction his right to such Baggage, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery;
8.10 Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is reasonable evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us and the Passenger unless proven otherwise;
8.11 Other conditions: other conditions relating to the carriage of your Baggage, including but not limited to carriage of sporting equipment and musical instruments, are available on our Website on the "Baggage" page.
9 Schedules, cancellations
9.1 Schedules: we will use our best efforts to avoid delay in the carriage of you and your Baggage. We will endeavour to adhere to published schedules in effect on the date of travel. However, the times shown in timetables, schedules or elsewhere are subject to change, at any time and we shall not be liable in any way whatsoever for any loss incurred by Passengers as a result of such change;
9.2 Cancellation, changes of schedules: at any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone, reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control, or for reasons of safety, or commercial reasons. In the event of such flight cancellation or changes to the schedule which result in the flight being delayed or for the flight to take off more than 4 (four) hours before or after the scheduled departure time, the Passenger may elect, either:
9.2.1 to be carried at the earliest opportunity on another of our scheduled services to the same destination on which space is available without additional charge and, where necessary, extend the validity of your booking; or
9.2.2 to receive a refund in accordance with these Terms & Conditions;
9.2.3 where a cancellation or significant alteration is made to our schedule before the date of your departure, we will use reasonable efforts to inform you of any such cancellation or alteration.
10.1 after payment has been made and a Booking Confirmation has been received, no refunds will be made under any circumstances, except for the following:
10.1.1 where the flight is cancelled by us; where we are unable to honour your reservation, resulting in you being denied boarding. If you elect to claim a refund, it shall be made in the same mode of payment as was originally made and to the person who paid for the booking, upon presentation of identification and satisfactory proof of such payment;
10.1.2 Refunds can take up to 20 (twenty) working days.
10.2 Refunds will not be granted where Passengers failed to check-in within the allocated time. This Passenger will be deemed to be a no show;
10.3 Refunds made in foreign currency will be calculated at the original exchange rate at the time of booking calculated back to the base currency being South African Rand;
10.4 In the event that we are unable to provide a Seat for a confirmed booking, you may either elect to have all monies received for the ticket refunded, or to be placed on the next available flight;
10.5 We will not provide meals or accommodation vouchers or accept any further liability for denied boarding, delayed flights or changes in schedule.
11 Conduct aboard aircraft
11.1 If in our reasonable opinion your conduct on board the aircraft endangers the aircraft or any person or property on board, or may obstruct or hinder the crew in the performance of their duties, or fails to comply with any instruction of the crew including but not limited to those with respect to: smoking, consumption of alcohol, use of cellular telephones, or use any threatening, abusive or insulting words towards the crew and/or Passengers or any form of behavior 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;
11.2 If as a result of your conduct we decide, in the exercise of our reasonable discretion, to delay or divert the aircraft for the purpose of offloading you, you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that delay or diversion;
11.3 For safety reasons, we may forbid or limit operation on board the aircraft of any 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. The operation of hearing aids and heart pacemakers is permitted;
12 Liability limitations
12.1 Warsaw, Montreal Convention notice: if the Passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention 1999 may be applicable and the Warsaw Convention or the Montreal Convention 1999 governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to Baggage;
12.2 Notice of Baggage liability limitations: liability for loss, delay or damage to Baggage is limited to gross negligence unless a higher value is declared in advance and additional charges are paid. Liability for domestic flights and liability for International Flights vary according to the respective law;
12.3 Where the Warsaw Convention or the Montreal Convention 1999 are not applicable:
the following rules shall apply;
12.3.1 any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law;
12.3.2 we will not be liable for Damage to Checked or Unchecked Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody;
12.3.3 except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to US$20 per kilogram and in the case of Damage to Unchecked Baggage shall be limited to US$400 per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed 15 (fifteen) kilograms;
12.3.4 we will not be liable for any Damage arising from our compliance with applicable laws, government rules, regulations and/or your failure to comply with such laws, rules and regulations;
12.3.5 except where other specific provision is made in these Terms & Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law;
12.3.6 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;
12.3.7 we shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Unchecked Baggage including but not limited to fragile or perishable items, items having a special value, including but not limited to money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples;
12.3.8 we are not responsible for any illness, disability or death, attributable to your physical condition or for the aggravation of such condition;
12.3.9 all arrangements and services provided by us in respect of assistance provided to Passengers, with reduced mobility and payment(s) made by us to the handling agent for such services, are as agent for and on behalf of you;
12.3.10 we, our agents and employees shall not be liable for any death, personal injury (unless such death or personal injury was caused by our negligence or our agents and employees), loss or damage however caused;
12.3.11 you voluntarily assume all risk and danger in connection with the assistance provided to Passengers with reduced mobility including any death, personal injury, loss, damage or liability. Any complaints regarding the service shall be directed to and dealt with by the handling agent for such services;
12.3.12 the contract of carriage including these Terms & Conditions and exclusions or limits of liability, applies to our authorised agents, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorised agents, employees and representatives shall not exceed the amount of our own liability if any;
12.3.13 nothing in these Terms & Conditions shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable convention or applicable local laws unless otherwise expressly stated by us. Subject to any applicable law we will not in any circumstances be liable for indirect or consequential damages and in no event will our obligations exceed any liability specified in these Terms and Conditions.
13 Time limitation on claims and Actions
13.1 Notice of claims - Domestic Flights: 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. If you wish to file a claim or an action regarding loss or damage to part only of an item of Checked Baggage or Unchecked Baggage, you must notify us within 3 (three) days of the date the carriage ended. Every such notification must be in writing and posted or delivered to us within the above periods.
13.2 Limitation of actions: any right to damages shall be extinguished if an action is not brought against us within 3 (three) years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.
14.1 Unless otherwise provided by the Warsaw Convention or any applicable legislation or, regulations, orders or requirements:
14.1.1 these Terms and Conditions and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of the Republic of South Africa;
14.1.2 Any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of the Republic of South Africa.
15 Modification and Waiver
15.1 No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Terms and Conditions.
We have the right to cede any or all of the rights or obligations that we may have in terms of these Terms & Conditions. You may not cede, assign, encumber or transfer any of your rights or obligations in terms of these Terms & Conditions, unless you have our written consent to do so.
When any person is acting on our behalf and he/she has the necessary authority to do so, our authority does not need to be proved.
18 UNCONTROLLABLE EVENTS (FORCE MAJEURE)
We will not be liable to you in the event that we are not able to perform any or all of our obligations in terms of these Terms & Conditions as a result of any Uncontrollable Event.
19 INDULGENCE AND RELAXATION
Any leniency that we may grant you in terms of these Terms & Conditions will not prevent us from exercising any of the rights that we may have in terms of these Terms & Conditions in the future, including our right to require your strict compliance with these Terms & Conditions. Such leniency will not affect the validity of any provision of these Terms & Conditions.
20 WHOLE AGREEMENT
These Terms & Conditions is the entire agreement between us, and no party will have to comply with any term or condition that does not form part of this Agreement.
If one or more of the provisions of these Terms & Conditions or be read down to the maximum extent possible under any applicable laws, but all the remaining provisions of these Terms & Conditions will continue to apply.