Conditions of Carriage - Passengers & Baggage
ARTICLE 1 – DEFINITIONS ARTICLE 2 ‐ APPLICABILITY ARTICLE 3 ‐ E‐TICKETS
ARTICLE 4 ‐ FARES, TAXES, FEES, CHARGES and CURRENCY
ARTICLE 5 ‐ RESERVATIONS
ARTICLE 6 – CHECK IN AND BOARDING
ARTICLE 7 – REFUSAL AND LIMITATION OF CARRIAGE
ARTICLE 8 – BAGGAGE
ARTICLE 9 ‐ SCHEDULES, DELAYS and CANCELLATIONS. DENIED BOARDING and COMPENSATION
ARTICLE 10 ‐ REFUNDS of FARES and TAXES, FEES and CHARGES
ARTICLE 11 ‐ CONDUCT ABOARD AIRCRAFT
ARTICLE 12 ‐ ARRANGEMENTS for ADDITIONAL SERVICES
ARTICLE 13 ‐ ADMINISTRATIVE FORMALITIES
ARTICLE 14 – LIABILITY FOR DAMAGE
ARTICLE 15 ‐ TIME LIMITATION for CLAIMS and ACTIONS
ARTICLE 16 – OUR REGULATIONS
ARTICLE 17 ‐ INTERPRETATION
ARTICLE 18 – JURISDICTION
ARTICLE 1 – DEFINITIONS
We, us, our ‐ refers to SalamAir and/or any used carrier.
You, your, yourself – any passenger/person holding a ticket who is to be transported or is transported on an aircraft, except members of the flight crew.
Via Destinations (where the aircraft will stopover) – the destinations/locations, except the location of departure and the location of destination, shown in your ticket or shown in our scheduled tables as planned locations where the aircraft will stop on your route
Airline Code – the two or three letters or the letter and number which identify individual airlines in booking confirmation, e‐tickets, timetables, reservation system and else where
Authorized Agent – person or entity that have been appointed to represent us in the sale of carriage by air and other services offered by carriage.
Baggage – your personal property accompanying you on the carriage, which consists of your Checked and Unchecked Baggage unless we state otherwise
Baggage Receipt – refers to the part of your E‐ticket/Flight Confirmation Document/Itinerary which relates to the carriage of your Checked Baggage
Baggage Identification Tag – a document issued by us a for the identification of your Checked Baggage
Checked Baggage – baggage which has been taken into our custody and for issued a baggage identification tag, baggage receipt or both; which normally travels with you in the hold of the aircraft
Check‐in Deadline ‐ time limit that has been set by us which you must have completed the check‐in procedures and received your boarding pass
Conditions of Carriage – General Conditions of Carriage for Customers and Baggage
Conditions of Contract – Statements contained in or given to you with your E‐ticket or Flight Confirmation Document/Itinerary or Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and Notices
Passenger Name Record (PNR) – the unique identification number assigned to passenger to identify the booking he/she have made which assist SalamAir in identifying his/her purchases or modifications
Convention – means the Montréal convention and/or the Warsaw convention as amended and as the case may be
Customer/Passenger – any person holding an E‐ticket who is carried, or is to be carried, on an aircraft, except members of the crew.
Damage – this includes death of, wounding of, or bodily injury to a customer. It also includes loss, partial loss, and theft of, or other damage to baggage arising out of, or in connection with carriage or other services incidental thereto performed by SalamAir.
Days – calendar days including all seven days of the week. For the purpose of sending notices. The count of such days starts from the next day of sending the notice.
Force Majeure (Events Beyond Your Control) – the events which are unusual and unforeseeable circumstances as per international and aviation laws and regulation definition.
Involuntary Fare Refund – The passenger refund as specified under clause 10.2
Itinerary and Receipt – document we or our authorized agents issue physically, by fax, by E‐mail, or deliver in any other electronic form to passengers traveling with Electronic E‐tickets. The documents shall contain the customer details, PNR, flight information and a receipt
Stopover – a scheduled stop on your journey at a point between the place of departure and the place of destination
E‐ticket – means either a document issued by us or our authorized agents called “ticket, electronic ticket, booking reference and baggage receipt or baggage tag, and is assigned to you and the Boarding Pass issued to you at check‐in.
Travel Regulations – the rules, other than these Conditions of Carriage, issued by us (as amended) and is in effect on the date the booking is made which govern the carriage of passengers and/or Baggage and shall include applicable Tariffs in force; these are available on our Website and at our offices all the time upon request
Unchecked Baggage – your baggage other than your Checked Baggage. Unchecked Baggage is typically carried with you on to the aircraft by you
Validity Period – the time period which your E‐ticket is valid for. Validity typically starts from the date of booking and ends as per stated in your E-ticket.
Website – An entity of SalamAir which is hosted on the internet with the identification of www.salamair.com or any alternative you may be notified of or directed to use.
ARTICLE 2 ‐ APPLICABILITY
Except as provided in paragraphs 2.2, 2.4 these Conditions of Carriage apply to all flights that are operate by us and any liability we may have in relation to that carriage by air. The Terms and Conditions contained within the E‐ticket/Flight Itinerary or Receipt shall form part of these Conditions of Carriage.
If carriage is performed pursuant to a Charter Agreement, these Conditions of Carriage apply only to the extent that no contradiction with the Charter Agreement or the E‐ticket.
Even if one of these listed Conditions of Carriage is invalid, the other Conditions will remain valid.
ARTICLE 3 ‐ E‐TICKETS
The E‐ticket, these Conditions of Carriage and our Terms and Conditions (including applicable Tariffs) together constitute the terms and conditions of the Contract of Carriage between you and us.
These Conditions of Carriage and our Terms and conditions can be found, printed and accessed in full on our Website.
We will only provide carriage to the Customer named in the E‐ticket who presents valid confirmation, duly issued by us in respect of that person for the flight. You will also be required to produce positive photographic identification identifying you as the customer named in the booking and valid travel documentation in the form of passport, and any visa or other documentation required, satisfying the relevant authorities for the journey you are undertaking.
We sell some E‐tickets at different fare levels or discounted fares which may be partly or completely non‐refundable. You should choose the fare which best suits your needs and we strongly recommend that you ensure you have an appropriate level of insurance to cover instances where you are unable to use your E‐ticket.
3.2 Changes to E‐tickets
The E‐ticket you have purchased is valid for transportation only as shown on the E‐ticket for the Customer named, from the place of origin to the destination marked end destination on the date and flight number shown.
If you wish to change your flight you must contact us in advance. All changes must be made at least 24 hours prior the flight departure; such changes may only be made by the customer named in the booking and/or the person who made the original booking.
Any additional fare due, in accordance with our Travel Regulations and Tariffs and any applicable administration fee will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as e‐ticketed. Detailed rules relating to fares and changes to E‐tickets are accessible and printable on our Website.
We shall not be liable towards any person entitled to be carried by us for any other refund if, in good faith, we provide carriage to such person in accordance with Article 10.
3.3 Cancellations to E‐tickets
If you wish to cancel your flight you must contact us in advance. All changes must be made at least 24 hours prior the flight departure; such cancellations may only be made by the customer named in the booking and/or the person who made the original booking.
We will credit you the balance (if there is any) of your fare due after deduction of any cancellation fee & admiration fees if applicable. Such credit may be used within one year of the date of original booking by the named customer/passenger only.
Unless otherwise stated on the E‐ticket, in these Conditions of Carriage, or in any Tariffs which may apply, the E‐ticket is valid for one year starting from the date of its issuance
ARTICLE 4 ‐ FARES, TAXES, FEES, CHARGES and CURRENCY
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless we state otherwise. Fares do not include any type of ground transport services such as airports and town terminals. Fares will be calculated in accordance with our Tariff in effect on the date of booking. If there is any difference in the price at the date of booking and the date of your payment, the higher price should apply. The fare will be for travel on the specific dates and itinerary shown on it. If you wish to change your itinerary or dates of travel, this would be subject to the difference in the fare.
4.2 Taxes, Fees and Other Charges
Customer must pay any Taxes, Fees and Charges imposed on us by Government or any other authority, including the operator of an airport for which we are obliged to collect from you or pay in respect of you and your flight. When you buy your E‐ticket, we will inform you of any Taxes, Fees and Charges not included in the fare and they will usually be shown separately on your E‐ ticket. Taxes, Fees and Charges change constantly and can be imposed or altered after the date your E-ticket was issued. In this event the new tax, fee or charge imposed must be borne by you the customer. You will be informed of the additional cost prior to your travel.
Equally, if any Taxes, Fees or Charges you have paid to us at the time of your E-ticket issuance are reduced or cancelled, you will be entitled to claim the difference. If you do not use your E‐ ticket, you will be entitled to claim only the refund of Taxes, Fees and Charges which you have paid.
You are expected to pay the fare and any Taxes, Fees and Charges in the currency of the country in which the E‐ticket is issued, unless we or our Authorized Agents say you must use another currency at or before the time you pay. We may decide to accept payment in another currency given the option.
SalamAir reserve the right to charge administration fee for any supplementary services offered, not included in the fare element of the E‐ticket
4.5 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.
ARTICLE 5 ‐ RESERVATIONS
Your reservation will be recorded in our computer system. If you request, us or our Authorized Agents will give you hard copy or electronic confirmation of your reservation in the case of a telephone reservation. In the case of internet bookings through our Website, a unique booking reference number, the Confirmation Reference, will be displayed along with the booking confirmation details on the screen upon completion of the transaction. You should print a copy of this for your records as you will be required to quote the booking confirmation reference / Passenger Number Reference (PNR) at the time of check‐in.
A reservation is not made or confirmed until you made full payment which is received by us and a you have received a PNR/Confirmation reference. Some fares and offers have conditions which limit or exclude your right to change reservations. See Article 3.2 and Carrier’s Regulations.
5.2 Time Limits for Payment of Your E‐ticket
All Fares and all Taxes, Fees and other Charges must be paid in full when a confirmed reservation is made. If such sums have not been paid in full or your credit/debit card is declined SalamAir reserves the right to cancel the reservation at any time without any liability.
5.3 Personal Information
You acknowledge and recognize that your personal information/data has been given to us and that we may use this personal information which you have provided, including information about how you use our services and facilities (“your personal information”), for the purposes of:
making a reservation and issuing an E‐ticket; providing you with your transportation and any related services and facilities; accounting, billing and auditing; checking credit or other payment cards; immigration, customs and entry procedures; security, administrative and legal purposes; statistical analysis; ensuring our compliance with legal and regulatory obligations applicable to us; operating frequent flyer programs; systems testing, maintenance and development;
customer relations; helping us in any future dealings with you; and direct marketing and market research.
For these purposes you authorize us to retain and use your personal information and to transmit it to our own offices; carriers and other companies involved in providing your transportation or related services and facilities; data processors working for us; our Authorized Agents; government and enforcement agencies; and credit and other payment card companies.
We cannot guarantee which seat will be assigned to you or whether you will be able to sit in any specific seat. You can select the seat of choice prior the flight by purchasing the seats available for sale during the booking process. We will try to honor your advance seating requests. However, be aware that we can change your seat at any time, even after you have been issued a boarding pass & boarded the aircraft, as we may need to do this for operational, safety or security reasons.
Our flights are not intended for use in connecting with flights of other carriers but could be used in connection with our own flights only. Regulations and minimum connecting times are shown in our website.
ARTICLE 6 – CHECK IN AND BOARDING
6.1 Check‐in Timelines
Check in timelines mentioned in your e‐ticket must be followed. Check‐in timelines may change thus we recommend you leave plenty of time to check-in to ensure a pleasant experience. You are responsible to find out the check‐in deadlines for your flights before you travel. If you do not complete the check‐in process by the check‐in deadline we may cancel your reservation and refuse to carry you as a result of which, you will not be refunded any paid amount in relation with the missed flight(s). By completing the check‐in process we mean that we have issued & you have received your boarding pass for your flight.
6.2 Boarding Gate Timelines
You must be present at the assigned boarding gate no later than the time printed on your boarding pass or given to you upon you completing the check in process. We may decide not to carry you if you fail to arrive at the boarding gate on time.
As a result of which you will not be refund you any paid amount nor will be liable to you for any loss or expense you suffer if you fail to meet check‐in deadlines or fail to be at the boarding gate on time.
You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over and with our Carrier’s Regulations and instructions given by us relating thereto. SalamAir shall not be liable in any way whatsoever to you in relation with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally, in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.
ARTICLE 7 – REFUSAL AND LIMITATION OF CARRIAGE
7.1 Right to Refuse Carriage
We have the right to refuse to carry you or your baggage if we have notified you in writing that we would not at any time after the date of such a notice carry you on our flights. In this circumstance you will be entitled to a refund of the fare you have paid, plus any Taxes, Fees and Charges, less any reasonable administration charges we may apply.
In addition to the refusal of any refunding in connection with such flight, we may refuse to carry you or your Baggage if one or more of the following has occurred or we reasonably believe may occur:
7.1.1 If the carriage of you or your Baggage may endanger or affect the safety of the aircraft or the safety, health or materially affect the comfort of other customers or crew;
7.1.2 If you are under the influence of alcohol or drugs, if you are, or we reasonably believe you are, in unlawful possession of drugs;
7.1.3 lf your mental or physical state is a danger or risk to you, the aircraft or any person in it;
7.1.4 If you have refused to allow a security check to be carried out on you or your Baggage;
7.1.5 If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security and/or used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or any person therein;
7.1.6 If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft or any person therein;
7.1.7 If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties;
7.1.8 If you have put the safety of either the aircraft or any person in it in danger;
7.1.9 If you have made a hoax threat relating to bombs, biological, terror, chemical weapons and/or any of its like;
7.1.10 If you have committed a criminal offence during the check‐in or boarding processes or on board the aircraft;
7.1.11 If you have not, or do not appear to have, valid travel documents; if you try to enter a country for which your travel documents are not valid; destroy your travel documents during the flight, refuse to surrender your travel documents to a member of the crew, against receipt, when so requested or refuse to allow us to photocopy your travel documents;
7.1.12 If you ask the relevant government authorities for permission to enter a country in which you have landed as a transit customer; if carrying you would break government laws, regulations, or orders; if you have refused to give us information which a government authority has asked us to provide about you.
7.1.13 If you have not presented a valid E‐ticket;
If you have not paid the fare (including any Taxes, Fees or Charges/surcharges) for your journey;
Ø If you have presented a E‐ticket acquired illegally;
Ø If you have presented a E‐ticket which you did not buy from us or our Authorized Agents;
Ø If you have presented a E‐ticket which was not issued by us or our Authorized Agents;
Ø If you have presented a E‐ticket which has been reported as being lost or stolen;
Ø If you have presented a counterfeit E‐ticket;
Ø If you have presented a E‐ticket with an alteration made neither by us nor our Authorized Agents;
7.1.14 If you cannot prove you are the person named in the E‐ticket when presenting for check‐in or boarding. We reserve the right to retain the E‐ticket in such circumstances.
7.1.15 If you have changed your transportation without our agreement as set out in Article 3.2 and our Carrier’s Regulations.
7.1.16 If you have failed to present your E‐ticket or your Boarding Pass or your travel documents to us when reasonably asked to do so; if you have failed to complete the check‐in process by the check‐in deadline; if you have failed to arrive at the boarding gate on time.
7.1.17 If you have behaved in a way mentioned above on or in relation with/on a previous flight and we believe you may repeat this behavior.
7.2 If you don’t meet the requirements in relation to your medical fitness to fly. We have the right to refuse to carry pregnant women; customers who are ill; or customers who are disabled, have limited mobility or need special help if arrangements to carry them have not been made before check‐in. We do not accept unaccompanied children under the age of 12 years.
ARTICLE 8 ‐ BAGGAGE
8.1 Free Baggage Allowance
As per our baggage allowance policy you may carry certain amount of baggage free of charge. Your free baggage allowance is as specified in your E-ticket or shown during the booking process may be carried and is subject to the conditions and limitations contained in our Travel Regulations. Within the limitation of your baggage allowance each passenger is permitted to carry two pieces of check-in luggage, please ensure that each individual piece of luggage weighs a maximum of 32kgs with a total dimension not exceeding 160cms (W+D+L) with passengers details clearly labeled (name & contact details). Any irregular sized luggage will be refused at checking-in.
8.2 Excess Baggage
The acceptance and the carrying of Excess Baggage is at our discretion and you will be required to pay an additional charge for the carriage of baggage in excess of your free baggage allowance. Details of the applicable Excess Baggage rates are available in our Baggage page in the website. You acknowledge and accept that payment for excess baggage does not mean combining such excess baggage on your flight.
8.3 Items Unacceptable as Baggage
You must not include in your baggage items which do not constitute baggage as defined in Article 1 of these Conditions of Carriage.
8.3.1 You must not carry the following in your baggage (whether as Checked Baggage or Unchecked Baggage):
Ø Items you are forbidden from carrying by law.
Ø Items you are forbidden from carrying by our Carrier’s Regulations.
Ø Any item likely to put the aircraft or people or property on board the aircraft in danger. These include the items shown 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”.
Ø Any items which we may determine at our sole discretion its unsuitability for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, we will consider the type of aircraft being used.
If we determine that you are carrying forbidden items, we could refuse to carry them and you, as well. You are advised request for information about forbidden items should you need it.
You are required to check the list of prohibited items to carry onboard our aircraft by visiting the Baggage page on our website and to be aware about the Authority rules issued (as amended) in this regard.
Prior permission must be obtained, if you wish to travel with firearms and ammunition (sporting guns). Carrying firearms and ammunition is covered by the lCAO Technical Instruction and IATA Regulations referred to above. You must make sure that you have all the documents you need for firearms and ammunition. They also must be carried in designated manner as if you do not, we could refuse to carry them.
8.3.3 Dangerous Items
You are not permitted to take any item into the aircraft cabin if we determine its presence there could affect the safety and/or the security of the aircraft or any person on the aircraft.
You are not permitted take antique, toy or replica guns into the aircraft cabin. You must not take swords, knives, archery bows, arrows or similar sharp-edged weapons into the aircraft cabin. We may either tell you to check in these items as Checked Baggage or refuse to carry them altogether.
8.3.4 Fragile, Perishable and Valuable Items
Do not include in your Checked Baggage fragile or perishable items or items of special value such as:
· Money (E.g: cash/coins/travelers cheques)
· Gems & Jewellery
· Precious metals
· Electronic items (E.g: computers,tabs,mobile phones)
· personal electronic devices;
· Documents such as share certificates, bonds and deeds or other valuable business documents
· passports and other identification documents
We are not responsible for loss of or damage to prohibited items. If, even though an item is forbidden under Article 8 and you have included it in your baggage, we will not be responsible for any loss or damage caused to it.
8.3.5 Right to Refuse Baggage
SalamAir maintains the right refuse to carry as baggage such items described in Article 8 that are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery.
8.4 Right to Search
For safety and security reasons we may request to search and screen you and/or search, screen or x‐ ray your baggage. We will make every effort to search, screen or x‐ray your baggage when you are present. In the event you are not available, we will have unrestricted rights to search your baggage in your absence. If you do not permit us to carry out the necessary safety and security searches, screening and x‐rays, we will refuse to carry you and your baggage. We will make all efforts to take maximum care during searching and screening your baggage’s. However, if the search or screening causes damage to you, damage to your baggage, we will not be liable for such damage.
8.5 Checked Baggage
All checked baggage must have your name or other personal identification securely affixed to it. In addition, we will also provide you with the baggage identification tag for each piece of your luggage.
We will make every effort to carry your Checked Baggage, whenever possible, on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on another flight. If we carry your Checked Baggage on another flight we will deliver it to you, unless it is mandatory by law to be present for customs clearance. You recognize and agree herewith in case of transporting your baggage on other flight we will not be under any liability of whatsoever kind, nature or howsoever described as a result of late delivery of such baggage.
8.6 Unchecked Baggage
There are specific dimensions of maximum height/width and weights for Unchecked Baggage, which should also fit under the seat in front of you or in the enclosed storage unit in the cabin of the aircraft. If your Unchecked Baggage exceeds the dimensions set forth or does not fit under the seat in front of you or in an enclosed storage unit or we decide it is not safe, you must check it in as Checked Baggage, whereupon its weight will be cumulatively added to your other checked baggage and will be covered by what stated in this Condition of Carriage. Refer to the website to view baggage dimensions & limitations.
If you are carrying baggage (such as a musical instrument) larger or heavier than the maximum dimensions and weight for Unchecked Baggage but unsuitable to be carried as Checked Baggage, we will only accept this for carriage if you have given us notice in advance and permission has been granted by us. If cost of such items may apply they will be charged for separately.
8.7 Collection and Delivery of Checked Baggage
Subject to Article 8.5, you are expected to collect your Checked Baggage as soon as we have made it available at your disembarking destination. If you do not collect it within the permitted time, we may charge you a storage fee. If you do not claim your Checked Baggage within three months from the date of disembarkation, we may dispose of it without any liability to you.
8.7.1 Only the person with the Baggage Identification Tag, and, if one has been issued, the Baggage Receipt, is entitled to collect/take delivery of the Checked Baggage.
8.7.2 A person claiming a piece of Checked Baggage cannot produce the Baggage Identification Tag and, if one has been issued, the Baggage Receipt, we will deliver the baggage to them only on condition that they can establish to our satisfaction that the baggage is theirs and if required by us, such person shall provide us with adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.
8.7.3 A person with a Baggage Receipt or a Baggage Identification Tag receives Checked Baggage without complaint, this will be sufficient evidence that the Checked Baggage has been delivered in good condition and according to the Contract of Carriage, unless you prove otherwise.
Animals are not excepted on carriage; unless as per below exceptions
8.8.1 Guide Dogs accompanying sight/hearing impaired customers are excepted free of charge, together with containers and food, in addition to the normal free baggage allowance.
The acceptance of the above animal is subject to the condition that the passenger undertakes full responsibility for the animal. The carriage will not be liable for injury to or loss, delay, sickness or death of such an animal unless proved to be caused by our fault or negligence.
8.9 Human Remains
Human remains will not be accepted for carriage on any route unless otherwise stated specifically. However, the carriage of human ashes will always be subject to our Carrier’s Regulations (as amended).
8.10 The carrier will not be responsible for, nor have any liability in respect of, items removed from customers’ baggage by airport security personnel acting in accordance with local, international or government authority, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed by such airport security personnel to us.
ARTICLE 9 ‐ SCHEDULES, DELAYS and CANCELLATIONS. DENIED BOARDING AND COMPENSATION
Flight times shown in our schedules/timetables may change between the date of publication and the date of scheduled travel. We do not guarantee these flight times and changes and they do not form part of your Contract of Carriage with us.
Before confirming your booking, we will inform you of the scheduled departure time of your flight in effect as at that time, and the same will be shown on your E‐ticket or Flight Confirmation Document/Itinerary and/or Receipt. A change made to the schedule departure time is possible after you have received your E‐ticket. Subject to you providing us with accurate contact information, we will make every endeavor to notify you of any such changes.
9.1.1 If we make a significant change to the scheduled departure time of your flight after you have purchased your E-ticket and you find this change unacceptable and we cannot book you on another flight which you are prepared to accept, you will be entitled to a refund of your fare.
9.1.2 Delays and Cancellations
We may change our schedules and/or cancel, terminate, divert, postpone or delay any flight where we reasonably consider this to be justified by circumstances beyond our control and for reasons of safety.
Ø in the event of a cancellation we you will be eligible for refund in accordance with Article 10 subject to any other options you may accept as stated in our Carrier’s Regulations;
Ø in the event of a diversion we will arrange for you to be carried by any way of transportation (at our expense) to the agreed place of destination to which the flight was intended to disembark; and
Ø in the event of a delay or disruption to our published schedule we will apply the procedures set out in our Carrier’s Regulations.
In any of these events, we will not have any other liability to you by any means whatsoever and as set out in our Terms and conditions.
9.1.3 Denied Boarding Compensation
If you are denied boarding due to an overbooked scheduled flight for which you have both a valid E‐ticket and a confirmed reservation, we will provide extra services either as required by any law which may apply or as set out in our Travel regulations.
ARTICLE 10 ‐ REFUND of FARES and TAXES, FEES and CHARGES
Ø If you are not provided carriage in accordance with the Contract of Carriage or in an instance where a refund is payable in accordance with the Conditions of Carriage or our terms and conditions, refund of the fare for your E‐ticket, or any unused part of it, and any Taxes, Fees and Charges, as applicable shall be made by us in accordance with this Article and with our fare rules and Tariffs and our Carrier’s Regulations. Applicable Taxes, Fees and Charges paid at the time of issue of your E‐ticket will be included in fare refunds where appropriate.
Ø If you fail to fly with us after a reservation has been confirmed, whether or not a refund of the fare is payable you will be entitled to claim a refund of any Taxes, Fees and Charges paid by you which as a consequence we have no obligation to pay to any Government or other authority. However, we reserve the right to deduct a reasonable administration fee from any such refund where you fail to fly with us despite a flight being available.
Ø Unless stated otherwise, we will only make a refund either to the person named on the E‐ticket or to the person who had paid for the E‐ticket. If you request a refund you must prove to us that you are the person named on the E‐ticket or, if applies, the person who paid for the E‐ticket.
Ø E‐ticket which has been paid for by someone other than the customer named on it and it says that there is a restriction on refund, we will only make the refund to the person who paid for the E‐ticket.
10.2 Involuntary Fare Refunds
If we cancel a flight or fail to stop at destination you have chosen and no alternate flights are available, or we have refused to carry you or if a refund is otherwise due to you under these Conditions of Carriage, the amount of the refund shall be;
Ø equal to the fare and any Taxes, Fees and Charges you have paid, if any part of the E‐ticket remined unused.
Ø Or equal to at least the difference between the fare and any Taxes, Fees and Charges you have paid and the fare and any Taxes, Fees and Charges for travel between the points for which you have used your E‐ticket, if one part of the E‐ticket has been used.
You will not be entitled for a refund if you miss your flight and not change the booking 24 hours prior departure time on any/all fare categories
10.3 Voluntary Fare Refunds
If you are entitled to a refund of the fare for your E‐ticket for reasons other than those set out in Article 10.2, the amount of the refund shall be:
Ø equal to the fare and Taxes, Fees and Charges you have paid, less any cancellation and reasonable administration fees, if you have not used any part of the E‐ticket.
Ø Or equal to the difference between the fare and Taxes, Fees and Charges you have paid and the correct fare Taxes, Fees and Charges for travel between the points for which you have used the E‐ticket, less any cancellation and reasonable administration fees, if you have used part of the E‐ticket.
10.4 Our Right to Refuse a Fare Refund
We may refuse to give you a refund if you apply for it after the end of the validity period of the E‐ticket purchased.
We may refuse to give you a refund if, when you arrived in a country, you presented your E‐ticket to us or to government officials as evidence of your intention to leave that country, unless you can prove to us that you have permission to stay in the country or you will be leaving the country on another airline or on another form of transport.
We reserve the right to make a refund in the same manner and the same currency used to pay for the E‐ticket.
ARTICLE 11 ‐ CONDUCT ABOARD AIRCRAFT
11.1 Unacceptable Behavior
If, while on board the aircraft, we have determined that you have put the aircraft, or any person/item onboard, in danger; intentionally interfered with the crew in carrying out their duties; failed to obey the instructions of the crew; failed to obey the seat‐belt or no‐smoking signs; committed a criminal offence; allowed your physical or mental state to become affected by the consumption of alcohol or drugs; failed to obey the crew’s instructions relating to consuming alcohol or drugs; made a hoax bomb threat; threatened, abused or insulted the crew or other customers or behaved in a threatening, abusive, insulting or disorderly manner towards the crew or other customers or behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other customers, or in any other way behaved in breach of any law, regulation or statute, we
may take any measures we determine reasonable to prevent you from continuing your behavior, including physical restraint.
Upon landing of aircraft, we may decide to make you leave the aircraft; refuse to carry you on the remaining sectors of the journey shown on your E‐ticket; and report the incident on board the aircraft to the relevant local authorities with a view of them prosecuting you for any criminal offences you might have committed.
11.2 If any Diversion Costs are incurred by us as a result of your Unacceptable Behavior, as we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion in addition to any consequential damages that may and could have resulted from such diversion.
11.3 Electronic Devices
For safety reasons, we may forbid or limit the operation of electronic equipment on aboard the aircraft, including, but not limited to, mobile telephones; laptop computers; personal recorders; personal radios; MP3, cassette and CD players; electronic games or transmitting devices (for example, radio‐controlled toys and walkie‐talkies). You must not use these items when we have informed you that they are not allowed. Failing to do so may result in applying what is stated in article 11.1 and 11.2 above.
The use of hearing aids and heart pacemakers are permitted.
ARTICLE 12 ‐ ARRANGEMENTS FOR ADDITIONAL SERVICES
If arrangements are made for you by us with any third party to provide any services including carriage by air, or if we issue a E‐ticket or voucher relating to transportation or services (including carriage by air) provided by a third party such as another airline, ground/sea transportation, hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third-party service thereon will apply and we shall have no liability to you except for any negligence on our part in making such arrangements.
ARTICLE 13 ‐ ADMINISTRATIVE FORMALITIES
13.1 Travel Documents
Prior to your travel, you must present all exit, entry, health and other documents required by law, regulations, order, demand or other requirement of the countries concerned; on demand and permit us to take and retain copies thereof.
We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents does not appear (on travel time or thereafter as reasonably required) to be in order.
13.2 Refusal of Entry
In the event you are refused entry to a country, you must pay any fine, penalty or charge imposed on us by the government/authority concerned; any detention costs we are charged; the fare for transporting you back to your place of departure; and any other costs we reasonably pay or agree/forced to pay
We will not make any refund to you the fare for carrying you to the place where you were denied entry.
13.3 Customer Responsibility for Fines, Detention Costs, … etc
You are liable to repay us any fines, detention costs and any other charges applicable. If we must pay any fine, penalty, fee, charge or costs (such as detention costs) because you have failed to obey any laws or regulations, or other travel requirements of the country to which you have traveled to or to produce the necessary documents needed by that country, you must repay us the amount we have paid as a result in addition to any administration penalty charges that we will (on our sole discretion) determine. We may take this amount from the value of any unused part of your E‐ ticket, or any of your money of yours we may have in our possession.
13.4 Customs Inspection
You will need to be present when your baggage is inspected by customs or other Government officials. We will not be liable to you for any damage you suffer during an inspection or because you are not present.
13.5 Security Screening
You must at any time allow us, government officials or airport officials, to carry out security screening of you or your baggage. Such screening could be performed more than once.
ARTICLE 14 – LIABILITY FOR DAMAGE
14.1 These Conditions of Carriage govern our liability to you. The Conditions of Carriage of any and each other carrier involved in your journey govern its liability to you.
14.2 The liability rules of the Convention, as varied by the rest of this Article 14, will apply to international carriage, as defined in the Convention.
14.3 Our Liability for the Death Wounding or Other Bodily Injury of Customer:
14.3.1 Our liability for damages sustained in the event of death, wounding or any other bodily injury by a customer in the event of an accident shall not exceeds the limits set-out at Montreal convention and its amendments.
14.3.2 Notwithstanding the provisions of 14.3.3, if we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased customer we may be exonerated wholly or partly from our liability in accordance with applicable law.
14.3.3 After the identity of the natural person entitled to compensation has been established, we will do our best endeavors not to delay in making available the required advance payments as such is needed to meet the immediate economic needs on a basis proportionate to the hardship suffered.
14.3.4 Any advance payment shall not have constituted as a recognition of our liability.
14.3.5 Any advance payment may be offset against any subsequent sums paid based on our liability.
14.3.6 An advance payment is not returnable, except in the cases described in clause 14.3.4, or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to such compensation.
14.3.7 We will not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
14.4 Our Liability for Damage to Baggage
14.4.1 We are not liable for any damage to Unchecked Baggage.
14.4.2 Our liability for damage to Checked Baggage is limited by the Convention.
14.4.3 If the weight of your Checked Baggage is not recorded on the baggage receipt, we will assume that it is not more than the free baggage allowance for the class of carriage concerned. Your payment of the fare is a confirmation of accepting the said assumption.
14.4.4 We will not be under any circumstance be liable for any damage caused to you by your baggage.
14.4.5 You will be solely responsible for any damage caused by your baggage to other people and property, including ours.
14.4.6 We will not be held liable in any way whatever for damage to items which you are forbidden from including in your Checked Baggage under Article 8.3.1, 8.3.3 and
8.3.4. These items include fragile or perishable items, items with a special value, such as money, travelers cheques, gems & jewellery, precious metals, computers, mobile phones, other personal electronic devices, share certificates, deeds, bonds and other valuable documents, business documents, or passports and other identification documents.
14.5.1 We will not be held liable for any damage arising from the fact that we have obeyed laws or government rules and regulations; or you have not obeyed laws or government rules and regulations.
14.5.2 Except specified in these Conditions of Carriage, we will not be liable to you for any compensatory damages.
14.5.3 Furthermore we will not be held liable for indirect or consequential damages of any nature whatsoever and howsoever arising.
14.5.4 This Contract of Carriage with you (including these Conditions of Carriage and exclusions or limits of liability) applies to our Authorized Agents, servants, employees and representatives in the same way as it applies to us. As a result, the total amount you can recover from us and our Authorized Agents, servants, employees, and representatives will not be more than the total amount of our own liability, if any.
14.5.5 Unless otherwise stated, nothing in these Conditions of Carriage gives up any exclusion or limitation of liability to which we are entitled under the Convention or any laws which may apply.
14.5.6 These Conditions of Carriage don’t not prevents us from excluding or limiting our liability under the Convention or any laws which apply; or gives up any defense available to us under the Convention or any laws which apply; against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a customer.
ARTICLE 15 ‐ TIME LIMITATION FOR CLAIMS & ACTIONS
15.1 Notice of Claims
15.1.1 If you find your Checked Baggage is damaged (including partial loss) you must advise us in writing immediately once you discover the damage and, at the latest, within (1) one day from the date you received the Checked Baggage.
15.1.2 If your Checked Baggage is delayed, you must advise us in writing within (3) three days at the latest from time the Checked Baggage had being made available to you.
15.2 Limitation of Actions
In case an agreement has not been reached between the two parties, the period of limitation will be determined by the law of the court where the case is heard.
15.3 Modification and Waiver
No alteration, modification or waiver of any provision of these Conditions of Carriage can be done or accommodated by our Authorized Agents, servants, employees or representatives.
ARTICLE 16 – OUR REGULATIONS
Carriage of you and your baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These important regulations vary from time to time are and concern among other things:
• unaccompanied children;
• customers with limited mobility;
• pregnant women and sick customers;
• carriage of animals;
• forbidden items in baggage;
• restrictions on using electronic devices on board the aircraft;
• smoking and consuming alcohol on board the aircraft; and
• limits on the measurements, size and weight of baggage.
Further details on these regulations and conditions are available on our Website or upon request.
ARTICLE 17 ‐ INTERPRETATION
The title by which these article of are address in this Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
ARTICLE 18 – JURISDICTION
By purchasing a SalamAir E‐ticket, the passenger confirms herewith that he/she has agreed to/on all terms and conditions set forth and amended by the Carrier from time to time. In case of any dispute related to any/all of the services as provided by the Carrier and/or any of its authorized representatives before, during and/or after the delivery of service, such disputes shall be informed promptly to SalamAir fin accordance with the procedures mentioned above. In case that the parties did not reach to a mutual settlement for such dispute the both parties agree solve it exclusively through arbitration according to the Omani laws. The arbitration should be held in Muscat and its language should be Arabic. The arbitration panel will be consisting of one arbitrator. Each party will bear its expenses for such arbitration.