Avion Express Malta Ltd.
General Conditions of Carriage (Passenger and Baggage)
Approved by 14th December 2020 Avion Express Malta Ltd. Director, Chairman of the Board of Directors Resolution No 2020-3A.
1. Definitions and Interpretations
1.1. Title and Headlines
The title and headlines of the Articles and paragraphs of these Conditions of Carriage are set down only to provide an overview and help with navigation through the document and have no influence on the way the text is to be interpreted.
Unless a different meaning is obvious beyond all reasonable doubt from the immediate context, the following terms used in these Conditions of Carriage have the meanings set out as follows:
1.2.1. “We”, “our”, “us” – stands for Avion Express Malta Ltd.
1.2.2. “You”, “your” – means any person, except members of the cabin crew, carried or to be carried in an aircraft pursuant to a Ticket (see also the definition of “Passenger”).
1.2.3. “Convention” – means that each of the following agreements is applicable:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the “Warsaw Convention”);
- The Warsaw Convention as amended by Additional Protocol No 1 of Montreal (1975);
- The Warsaw Convention as amended at The Hague and by Additional Protocol No 2 of Montreal (1975);
- The Warsaw Convention as amended at the Hague by Additional Protocol No 4 of Montreal (1975);
- Guadalajara supplementary Convention (1961);
- The Montreal Convention (1999).
1.2.4. “Agreement Conditions” – are the conditions, which are provided to you with your Flight Ticket or Booking Confirmation or are contained within them, are labelled as such and which refer to these Conditions of Carriage.
1.2.5. “Agreed Stopping Places” – means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.
1.2.6. “Airline” – means an Airline that is not our Airline, whose Airline Code is given on your Ticket or on a Ticket for connecting flights.
1.2.7. “Airline Code” – stands for the 2 (two) figures or 3 (three) letters which identify a particular Airline. Avion Express Malta Ltd., does not hold this code.
1.2.8. “Authorized Agent”- means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
1.2.9. “Baggage” – means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked Baggage (for which an additional charge is applied), as well as your Cabin Baggage.
1.2.10. “Baggage Check” – is the part of the Flight Ticket, which relates to the carriage of your Checked Baggage.
1.2.11. “Baggage Identification Tag” – is a receipt, which is issued solely for the purpose of identifying Checked Baggage.
1.2.12. “Booking Confirmation” – is a notification, which will be sent to you by us or on our behalf by e‑mail or another method, if you are travelling with an Electronic Ticket. It contains the Confirmation Number, the name of the Passenger, flight information and remarks.
1.2.13. “Cabin Baggage” – is your Baggage, with the exception of your Checked Baggage.
1.2.14. “Carrier” – means an air carrier other than ourselves, whose airline designator code appears on your Ticket or on a Conjunction Ticket.
1.2.15. “Carrier Regulations” – means rules, other than these Conditions, published by Carrier and in effect on date of Ticket issue, governing carriage of Passengers and/or Baggage and shall include any applicable tariffs in force.
1.2.16. “Checked Baggage” – is Baggage for which we apply an additional charge, which we take into our custody and for which we have carried out a baggage scan.
1.2.17. “Check-in Deadline” – is the deadline, set by the Airline, by which time you must have completed Check-in formalities and have obtained your Boarding Card.
1.2.18. “Coupon” – means the paper Flight Coupon as well as the Electronic Coupon. Both grant the named Passenger the right to travel on the flight named on the Coupon.
1.2.19. “Confirmation Number” – is the number, which is given to you by us or on our behalf, to identify your Flight Reservation, which has been confirmed by us.
1.2.20. “Conjunction Ticket” – means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage.
1.2.21. “Damage(s)” – includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft or other damage, arising out of on in connection with carriage or other services incidental thereto performed by us.
1.2.22. “Days” – mean 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; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.
1.2.23. “Electronic Coupon” – means an electronic flight coupon or other value document held in our database.
1.2.24. “Electronic Ticket” – means the following items taken together: the Booking Confirmation, the Electronic Coupons, and if appropriate to the context, the Boarding Card.
1.2.25. “Flight Coupon” – means a Flight Ticket, which bears the wording – good for passage, or in the case of an Electronic Flight Ticket, the Electronic Coupon which shows the places between which you are entitled to be carried.
1.2.26. “Force Majeure” – means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.
1.2.27. “Next of Kin” – are people directly related to you (children, grandchildren, parents, grandparents), or up to three times removed (siblings, nephews/nieces, uncles/aunts), your spouse and people directly related to your spouse. Your life partner is understood to be your spouse if you both live together in the same household.
1.2.28. “Notice of Contract Terms Incorporated by Reference” – means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.
1.2.29. “Passenger(s)” – is each person, who according to their Ticket, will or should be carried in an aircraft, with the exception of the cabin crew (see also definition for “you” and “your”).
1.2.30. “Passenger Coupon” – means a Flight Ticket, which is marked as “Passenger Coupon” or “Passenger Receipt” and which ultimately is to be retained by you.
1.2.31. “SDR” – means a Special Drawing Right as defined by the International Monetary Fund.
1.2.32. “Stopover” – means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
1.2.33. “Tariff” – means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities. Our Tariffs can be inspected on request.
1.2.34. “Ticket(s)” – means the documents entitled “Passenger Ticket and Baggage Check” as well as the Electronic Flight Ticket. In all instances it is issued by us or on our behalf and contains the Agreement Conditions, remarks and the Coupons.
1.2.35. “Total Fare” – is the total price which you must pay for the flight which you have booked with us, and is comprised of the Flight Fare according to Article 4.1 and the taxes, charges and fees not included in the Flight Fare according to Article 4.2.
Except provided in Articles 2.2, 2.4 and 2.5, our Conditions of Carriage apply only to those flights, or flight segment, where our name or Airline Designator Code is indicated in the carrier box of the Ticket for that flight or flight segment.
2.2. Charter Operations
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the Ticket.
2.3. Code Shares
On some services we have arrangements with other carriers known as “Code Shares”. This means that even if you have a reservation with us and hold Ticket where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft at the time you make a reservation.
2.4. Overriding Law
These Conditions of Carriage are applicable, unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail.
If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.5. Conditions Prevail Over Regulations
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, dealing with particular subjects, these Conditions of Carriage shall prevail.
3.1. General Provisions
3.1.1. We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.
3.1.2. A Ticket is not transferable.
3.1.3. Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.
3.1.4. The right to withdraw from or cancel the carriage agreement, as well as a right to a partial or full refund of the Total Fare exists only insofar as this is explicitly allowed by the Conditions of Carriage. We therefore advise you if you are in any doubt about unforeseen circumstances to take out appropriate travel insurance.
3.1.5. The Ticket is and remains at all times the property of the issuing carrier.
3.1.6. Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorized Agent. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket has been issued in your name.
3.1.7. (a) In case of loss or mutilation of a Ticket (or part of it) by you or non-representation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon your request we will replace such Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another carrier for misuse of the Ticket. We will not claim reimbursement from you for any such losses which result from our own negligence. The issuing carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier, or its agent.
(b) Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.
3.1.8. The Ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.2. Period of Validity
3.2.1. Except as otherwise provided in the Ticket, these Conditions, or in applicable Tariffs, (which may limit the validity of a Ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for:
(a) one year from the date of issue; or
(b) subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.
3.2.2. When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations we are unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a refund in accordance with Article 10.
3.2.3. If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket, the electronic coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Ticket of other members of your immediate family accompanying you.
3.2.4. In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) Days from the date of the death.
3.3. Coupon Sequence and Use
3.3.1. The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket. It form an essential part of our contract with you. The Ticket will not be honored and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.
3.3.2. Should you wish to change an aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover of final destination, without recalculation of fare.
3.3.3. Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower but otherwise, your unused Coupons have no value.
3.3.4. Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
3.3.5. Each Flight Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested.
3.3.6. Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
3.4. Name and Address of Carrier
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the “carrier” box in the Ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment in the Itinerary Receipt.
4. Fares, Taxes, Fees and Charges
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary of dates of travel, this may impact the fair to be paid.
4.2. Taxes, Fees and Charges
Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges which you have paid to as at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our Authorized Agent, at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may at our discretion, accept payment in another currency.
5.1. Reservation Requests
5.1.1. We or our Authorized Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).
5.1.2. Certain fares have conditions which limit or exclude your right to change of cancel reservations.
5.2. Ticketing Time Limits
If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorized Agent, we may cancel your reservation.
5.3. Personal Data
5.3.1. You recognize that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, Authorized Agents, government agencies, other Carriers or other providers of the above-mentioned services.
5.4.1. We will endeavor to honour advance seating requests, however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
5.5. Reconfirmation of Reservations
Onward or return reservations may be subject to the requirement to reconfirm the reservations within specified time limits. We will advise you when we require reconfirmation, and how and where it should be done. If it is required and you fail to reconfirm, we may cancel your onward or return reservations. However, if you advise us you still wish to travel, and there is space on the flight, we will reinstate your reservations and transport you. If there is no space on the flight we will use reasonable efforts to transport you to your next or final destination.
5.5.1. You should check the reconfirmation requirements of any other Carriers involved in your journey with them. Where it is required, you must reconfirm with the Carrier whose code appears for the flight in question on the Ticket.
5.6. Cancellation of Onward Reservations
5.6.1. Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
6. Check-in and Boarding
6.1. Check-in Deadlines are different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. We or our Authorized Agents will advise you of the Check-in Deadline for your first flight on us. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found in our timetable, or may be obtained from us or our Authorized Agents.
6.2. You must be present at the boarding gate not later than the time specified by us when you check-in.
6.3. We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
6.4. We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
7. Refusal and Limitation of Carriage
7.1. Right to Refuse Carriage
7.1.1. such action is necessary in order comply with any applicable government laws, regulations, or orders;
7.1.2. the carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort or other passengers or crew;
7.1.3. your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;
7.1.4. you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
7.1.5. you have refused to submit to a security check;
7.1.6. you have not paid the applicable fare, taxes, fees or charges;
7.1.7. you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
7.1.8. you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorized Agent, or has been reported as being lost or stolen, in a counterfeit, or you cannot prove that you are the person named in the Ticket;
7.1.9. you have failed to comply with the requirements set forth in Article 3.3 above concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way, other than by us or our Authorized Agent, or the Ticket is mutilated;
7.1.10. you fail to observe our instructions with respect to safety or security.
7.2. Special Assistance
Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
8.1. Free Baggage Allowance
You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us or from our Authorized Agents.
8.2. Excess Baggage
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available upon request from us or from our Authorized Agents.
8.3. Items Unacceptable as Baggage
8.3.1. You must not include in your Baggage:
18.104.22.168. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);
22.214.171.124. items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
126.96.36.199. items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.
8.3.2. Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 188.8.131.52.
8.3.3. Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.
8.3.4. You must not include in Checked Baggage money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
8.3.5. If, despite being prohibited, any items referred to 8.3.1, 8.3.2. and 8.3.4 are included in your Baggage, we shall not be responsible for any loss or damage to such items.
8.4. Right to Refuse Carriage
8.4.1. Subject to paragraph 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in 8.3, and we may refuse further carriage of any such items upon discovery.
8.4.2. We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
8.4.3. We may refuse to accept Baggage for carriage unless it is our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
8.5. Right to Search
For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purposes determining whether you are in possession of or whether your Baggage contains any item described in 8.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 8.3.2 or 8.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or scan causes Damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.
8.6. Checked Baggage
8.6.1. Upon delivery to us of your Baggage which you wish to check we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.
8.6.2. Checked Baggage must have your name or other personal identification affixed to it.
8.6.3. Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
8.7. Unchecked Baggage
8.7.1. We may specify maximum dimensions and/or weight for Baggage which you carry on to the aircraft. If we have not done so, Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.
8.7.2. Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
8.8. Collection and Delivery of Checked Baggage
8.8.1. Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.
8.8.2. Only the bearer of the Baggage Check and Baggage Identification Tag, is entitled to deliver of the Checked Baggage.
8.8.3. If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
If we agree to carry your animals, they will be carried subject to the following conditions:
8.9.1. You must ensure that animals such as dogs, cats, household birds and other pets, are properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit failing which, they will not be accepted for carriage. Such carriage may be subject to additional conditions specified by us, which are available on request.
8.9.2. If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable rate.
8.9.3. Guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free baggage allowance, subject to conditions specified by us, which are available on request.
8.9.4. Where carriage is not subject to the liability rules of the Convention, we are not responsible for injury to or loss, sickness or death of an animal which we have agreed to carry unless we have been negligent.
8.9.5. We will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal’s entry into or passage through any country, state or territory and the person carrying the animal must reimburse us for any fines, costs, losses or liabilities reasonably imposed or incurred by us as a result.
9. Schedules, Delays, Cancellation of Flights
9.1.1. The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.
9.1.2. Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will endeavor to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 10.2.
9.2. Cancellation, Rerouting, Delays, etc.
9.2.1. We will take all necessary measures to avoid delay in carrying you and your baggage. In the exercise of these measures and in order to prevent a flight cancelation, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
9.2.2. Except as otherwise provided by the Convention, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover destination, or cause you to miss a connecting flight on which you hold a confirmed reservation, we shall, at your option, either:
184.108.40.206. carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or
220.127.116.11. within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of transportation without additional charge. If the fare and charges for the revised routing are lower than what you have paid, we shall refund the difference; or
18.104.22.168. make a refund in accordance with the provisions of Article 10.2.
9.2.3. Upon the occurrence of any of the events set out in Article 9.2.2, except as otherwise provided by the Convention, the options outlined in Article 22.214.171.124 through 126.96.36.199 are the sole and exclusive remedies available to you and we shall have no further liability to you.
9.2.4. If we are unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding in accordance with applicable law and our denied boarding compensation policy.
10.1. We will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, as follows:
10.1.1. Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket, or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.
10.1.2. If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person’s order.
10.1.3. Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.
10.2. Involuntary Refunds
10.2.1. If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:
10.2.1.1. if no portion of the Ticket has been used, an amount equal to the fare paid;
10.2.1.2. if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.
10.3. Voluntary Refunds
10.3.1. If you are entitled to a refund of your Ticket for reasons other than those set out in Article 10.2, the amount of the refund shall be:
10.3.1.1. if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
10.3.1.2. if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
10.4. Refund on Lost Ticket
10.4.1. If you lose your Ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition:
10.4.1.1. that the lost Ticket, or portion of it, has not been used, previously refunded or replaced, (except where the use, refund or replacement by or to a third party resulted from our own negligence);
10.4.1.2. that the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from our own negligence).
10.4.2. If we or our Authorized Agent lose the Ticket or portion of it, the loss shall be our responsibility.
10.5. Right to Refuse Refund
10.5.1. We may refuse a refund where application is made after the expiry of the validity of the Ticket.
10.5.2. We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport.
We reserve the right to make a refund in the same manner and the currency used to pay for the Ticket.
10.7. By Whom Ticket Refundable
Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its agent if so authorized.
11. Conduct Aboard Aircraft
If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably 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. Electronic Devices
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
12. Arrangements for Additional Services
12.1. If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.
12.2. If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.
13. Administrative Formalities
13.1.1. You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
13.1.2. We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2. Travel Documents
Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.
13.3. Refusal to Entry
If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
13.4. Passenger Responsible for Fines, Detention Costs, etc.
If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.
13.5. Customs Inspection
If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
13.6. Security Inspection
You shall submit to any security checks by Governments, airport officials, Carriers or by us.
14. Successive Carriers
Carriage to be performed by us and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation for the purposes of the Convention. However, your attention is drawn to Article 15.1.2(b)
15. Liability for Damage
15.1. The liability of Avion Express Malta Ltd., and each Carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as follows:
15.1.1. Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.
15.1.2. Where your carriage is not subject to the liability rules of the Convention, the following rules shall apply:
(a) 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.
(b) We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment. If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last carrier.
(c) We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
(d) We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.
(e) 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 caused to passengers is limited to the respective limits in SDRs (Special Drawing Right(s) as defined by the International Monetary Fund) indicated in Convention.
(f) Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.
(g) 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.
(h) We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including fragile perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
(i) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
(j) The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorized Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorized Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
(k) Nothing in these Conditions of Carriage shall waive any exclusion of our liability under the Convention or applicable laws unless otherwise expressly stated.
16. Time Limitation on Claims and Actions
16.1. Notice of Claims
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest within seven Days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one Days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.
16.2. Limitation of Actions
Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determines by the law of the court where the case is heard.
17. Other Conditions
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern among other things; the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices and items, the on board consumption of alcoholic beverages and other.
Regulations and conditions concerning these matters are available from us upon request.
The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.