CONTRACT OF AIR TRANSPORTATION
Transportation of passengers and Baggage on flights operated by Salam Air, SAOC. (carrier), carriers doing business as for Salam Air, and other carriers operating as Salam Air’s Codeshare partner (collectively “United Carriers”), are subject to the terms and conditions set forth in this Contract of Carriage, in addition to any terms and conditions printed on or in any ticket, ticket jacket or e-ticket receipt. By purchasing a ticket or accepting transportation, the passenger agrees to be bound thereby.
By purchasing this ticket, the passenger accepts, these terms and conditions. The passenger confirms his/her acceptance for self and luggage transportation as a result of accepting such terms and conditions.
The ticket cannot be issued or printed out without reading and accepting these terms by clicking on “I agree” icon on the system. The passenger is totally free to accept or reject such terms and conditions before finalizing the Contract of transportation.
TERMS AND CONDITIONS:
This contract includes the below terms and conditions for the passenger/Sender revision and acceptance before finalizing the Contract of Transportation. The passenger/Sender admits that he/she had read carefully the terms and conditions and agree on them. The passenger/Sender agrees that such terms and conditions are controlling the whole relationship between him/her and the Carrier.
Such terms and conditions are including, but not limited to, the following:
- Limits on liability for flights’ delays in departure or arrival as well as delays, damage or loss of baggage. Including fragile or perishable goods in accordance with Montreal convention 1999 and PACA resolution Dec 2015.
- Claims restrictions, including time periods within which a passenger/sender must file a claim or bring an action against the Carrier.
- The Carrier’s right to change terms of the Contract of Transportation.
- Rules of reservations reconfirmation , check-in times and cancellation.
- The rules and terms of the restricted tickets.
- The Carrier’s rights and limits on liability for delay or failure to perform service, including schedule changes, passengers’ transfer to another carrier, and rerouting.
FIRST: ADVICE TO INTERNATIONAL PASSENGERS ON CARRIER LIABILITY
Passengers on flights involving an ultimate destination or a stop in a country other than the country of departure are advised that international conventions known as the Montreal Convention 1999, Chicago Convention 1944 and Warsaw Convention with their regulations, , including their amendments, may apply to the entire flight, including any portion thereof within a country. For such passengers, the convention, special contracts of transportation may limit the liability of the Carrier with respect to death or injury to passengers, and for loss, delay or damage of passengers and baggage.
SECOND: CARGO TERMS AND CONDITIONS
The below-mentioned terms and conditions will be applied on the airborne cargo by the Carrier. Such terms and conditions prevail on other agreements or understanding done between the sender and the Carrier unless they are in a conflict with applicable Law or valid international convention.
- The sender is obligated to comply with all custom procedures, police and other public authorities, also to provide a documentation that shows nature of the cargo. Such condition does not establish an obligation, duty or responsibility on the Carrier out of this.
- The Sender is responsible for accuracy of the data and statements of cargo recorded by him/her or on his/her behalf in air transportation documentation or provided by him/her or on his/her behalf to the Carrier to be written in the delivery of goods or included in the records established on further means. This condition is also applied when the person representing the Sender and the Carrier’s agent are the same.
- The Sender must provide all necessary information and documents to complete custom procedures, police and other public authorities before delivering the goods to the addressee. The Sender is responsible for addressing the Carrier of any damage arising from the unavailability, invalidity and inadequacy of these information or documents if the damage is not up to the Carrier’s fault or its agents or dependents. It must be taken into consideration that the Carrier is not obliged to check the validity and adequacy of these information and documents.
- The written data on air cargo documentation or goods receipt on weight of goods, its dimensions and its packaging, so is the data of packages number are considered to be a proof to be invoked unless proved otherwise by the sender. The data of goods quantity, size and status has no power against the carrier unless the carrier itself had checked it out in the presence of the sender and proved that in air cargo documentation or goods receipt as these data are related to the appearance of goods.
- If the carriage requires on the part of the carrier making special preparations, the sender must notify the carrier of that with a sufficient notice. The carrier has the right to open the packages prior to delivery to check out the validity of data stated by the sender.
- The sender compensates the carrier for all damages caused to it or any person to whom the carrier is liable for what he/she has provided or what has been provided on his or her behalf of incorrect, improper and incomplete data and acknowledgements.
- The data recorded in air transportation documentation or delivery of goods is related to goods dimensions, weight and packing; this also goes for the number of packages as a proof to be protested with, unless otherwise proven by the Sender. The data of cargo quantity, size and case cannot be protested with against the Carrier only to the extent that the Carrier had already checked in the presence of the Sender and proved that in the documentation of air transportation, delivery of goods or to the extent that these data are related to the apparent conditions of the goods.
- If the Carriage on the part of the Carrier requires making special preparations, the Sender must inform the Carrier of that before sufficient time. The Carrier may ask to open the packages before delivering them to check the validity of data the Sender mentioned.
- The Sender compensates the Carrier for any damages caused to it or to any person could be responsible toward as a result for what the passenger had submitted to it or on its behalf; including the improper, incorrect and incomplete statements and acknowledgements.
- The addressee has the right to ask the Carrier for the rights arising from contract of carriage only if the Carrier confirmed damage of the cargo or if it didn’t arrive before the expiration of 7 days from the expected day of cargo delivery.
THIRD: LUGGAGE REQUIREMENTS
The below-mentioned terms and conditions will be applied on the luggage which Carrier got from the passenger and registered in its systems then gave the passenger a receipt with it. Such terms and conditions prevail on any other agreement or understanding done between the sender and the Carrier unless they are in a conflict with an applicable Law or valid international convention.
- The Carrier is fully or partially exempt from its responsibility towards the luggage as long as the Carrier proves that the caused damage is as a result of the passenger’s carelessness and fault. This article applies on all responsibilities terms and conditions in this document.
- The Carrier is not liable about the loss of money, jewelry and others of precious things had entrusted to it, only as long as the Sender provides a written documents proves so.
- The Carrier is not responsible for the damage in case of loss and damage in the checked luggage if it is caused by inherent flaws in the luggage.
- The passenger has the right to ask the Carrier for the rights arising from this contract if the Carrier confirmed the luggage damage or if it didn’t arrive within 21 days from the expected delivery date.
- The Carrier is not responsible for any damage caused to the luggage possessed by the passenger’ custody; including hand baggage or all the items which travelers keep while traveling.
- The Carrier is not responsible if the damage to luggage attributed if it was caused by any of the below reasons:
(a) Inherent flaws in the luggage.
(b) Poor packing by anyone other than the Carrier or its agents.
(c) War, armed conflict, hooliganism or flood implications or any other force majeure conditions.
(d) Proceedings conducted by public authorities regarding entry and exit of goods.
- Taking delivery by the addressee/Passenger without protesting, is considered as an evidence to the perfect condition of Baggage.
FOURTH: EXCEPTION TO RESPONSIBILITY FOR THE DELAY
- The Carrier is not responsible for any damage arising from flights and cargo’ delay if it proved that the Carrier and its agents took all the necessary measures to avoid the damage or it was impossible for them to take such measurements.
- The Carrier is not responsible for the damage arising from the delay if the contracted ticket with the passenger is a one of the restricted or discounted tickets.
- All Economic regulations issued by PACA, issued on 13th December 2015 regarding the limited liability on delays shall apply.
FIFTH: TOTAL COMPENSATION
Total compensation that can be gained from the Carrier and its agents with responsibility limitations should not exceed those limits laid down in Montreal convention or PACA resolution issued in Dec 2015 where applicable.
SIXTH: CLAIM PROCEDURES
- The Addressee should confirm to the Carrier immediately after figuring out the defect, then send written notice within 7 days at most for checked baggage and 14 days for sent cargo, from the day of receipt.
- The Addressee should confirm the Carrier in case of delay once figuring out then send written notice within 21 days at the most from the day of receipt.
- In all cases, the notices must be all in writing as a note on the carriage documentation upon the cargo’ delivery or registered letter to be sent to the Carrier at the legal date.
- According to article 31 of Montreal Convention, if the warning had not been issued during the deadlines identified above, no liability case should be accepted against the Carrier.
- The right of compensation shall be waived if the litigation had not been brought within 2 years from delivery date to destination point, the date in which the aircraft was expected to arrive or the date in which transportation process had stopped.
The Parties agree that in the event of any dispute or conflict between the Passenger/Sender and the Carrier in respect of any matter or dispute related to this contract of Transportation or its implementation or the consequences of non-compliance with it or the extent of Carrier’s liability or the united carriers, the parties shall make their best efforts to resolve the matter amicably within seven working days. If they do not reach a solution that satisfies both of them, the matter shall be referred to Arbitration in accordance with the laws in force in Sultanate of Oman. The arbitral tribunal shall be composed of one arbitrator. The place of Arbitration shall be Muscat, Sultanate of Oman. The language of arbitration shall be the English. The Arbitrator should apply the provisions of Montreal Convention 1999 and PACA resolution Dec 2015 in addition to the applicable legislation in Sultanate of Oman.
If this ticket is restricted according to the applicable legislation on the paid fare, a limitation or more might be applied, including but not limited to one of the following procedures on passenger’ travel:
1- The ticket is non-refundable but can be replaced with another one that meets all the standards of the original ticket (including paying any difference in price).
2- Replacement and cancellation fees may apply.
3- The selected tickets might not be eligible for recovering funds or changing them even for a fee.
4- Some tickets have no valid value and cannot be used to buy a future ticket.
5- Some tickets may be restricted to certain flights, certain times, minimum limit or maximum limit in using the return ticket.
6- SalamAir company and the united Carriers reserve the right to:
(a) Refuse the travel of any person obtained a ticket that violated any value, laws or special regulations of SalamAir and its united Carriers or violated any , national, federal or valid legal local order.
(b) Change or modify any of contract terms and conditions with or without notifying the registered passengers
ADVERTISING AND PROMOTIONS TERMS & CONDITIONS
All advertised fares are starting fares and as subject to availability. The advertised price may not be available on certain dates and/or flights.