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General conditions of carriage
Jersey European Airways (UK) Limited trading as Flybe General Conditions Of Carriage (Passenger And Baggage)
ARTICLE 1- WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
As you read these conditions, please note that: "We", "our" "ourselves" and "us" means Jersey European Airways (UK) Limited, trading as Flybe "You", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "Passenger").
"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.
"AIRLINE DESIGNATOR CODE" means the two characters or three letters which identify particular air carriers.
"AUTHORISED AGENT" means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
"BAGGAGE" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage.
"BAGGAGE CHECK" means those portions of the Ticket which relate to the carriage of your Checked Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage.
"CARRIER" means an air carrier other than ourselves, whose airline designator code appears on your Ticket or on a Conjunction Ticket.
"CHECKED BAGGAGE" means Baggage of which we take custody and for which we have issued a Baggage Check.
"CHECK-IN DEADLINE" means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.
"CONDITIONS OF CONTRACT" 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.
"CONJUNCTION TICKET" means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage.
"CONVENTION" means whichever of the following instruments are applicable: - the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention); - the Warsaw Convention as amended at The Hague on 28 September 1955; - 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 and by Additional Protocol No. 4 of Montreal (1975); - the Guadalajara supplementary Convention (1961); - the Montreal Convention (1999)
"COUPON" means both a paper Flight Coupon and an Electronic Coupon, each of which entitles the named passenger to travel on the particular flight identified on it.
"DAMAGE" includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.
"DAYS" mean calendar days, including all 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.
"ELECTRONIC COUPON" means an electronic flight coupon or other value document held in our database.
"ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.
"FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage," or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
"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.
"ITINERARY/RECEIPT" means a document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger's name, flight information and notices.
"PASSENGER" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "you", "your" and "yourself").
"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
"SPECIAL DRAWING RIGHTS" are an international unit of account, defined by the International Monetary Fund, based upon the values of several leading currencies. The currency values of the Special Drawing Right fluctuate and are re-calculated each banking day. These values are known to most commercial bankers and are reported regularly in leading financial journals.
"STOPOVER" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
"TARIFF" means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.
"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.
"UNCHECKED BAGGAGE" means any of your Baggage other than Checked Baggage.
ARTICLE 2 - APPLICABILITY
2.1 General
Except as provided in Articles 2.2 and 2.4, our Conditions of Carriage apply
only on those flights, or flight segments, in respect of which we have a legal liability
to you.
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 may have arrangements with other carriers known as "Code
Shares". This means that even if you have a reservation with us and hold a 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.
ARTICLE 3 - TICKETS
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 If you have a
Ticket, as described in 3.1.3 above, which is completely unused, and you are prevented
from travelling due to Force Majeure, provided that you promptly advise us and furnish
evidence of such Force Majeure, we will provide you with a credit of the non-refundable
amount of the fare, for future travel on us, subject to deduction of a reasonable
administration fee. 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 Authorised 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 duly 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-presentation 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. 3.1.7(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 A ticket is valuable and you should take appropriate measures
to safeguard it and ensure it is not lost or stolen.
3.2 Period of validity
3.2.1 Except as otherwise provided 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 Tickets 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 forms an essential part of our
contract with you. The Ticket will not be honoured 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 any 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 or final destination, without recalculation
of the 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 special
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 carriage 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 is: flybe, Jack Walker House, Exeter International Airport,
Devon, EX5 2HL.
ARTICLE 4 - FARES, TAXES, FEES AND CHARGES
4.1 Fares
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 airports and town
terminals. Your fare will be calculated in accordance with our Tariff in effect on
the date of payment of your ticket for travel on the specific dates and itinerary
shown on it. Should you change your itinerary or dates of travel, this may impact
the fare 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 us 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.
4.3 Currency
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 Authorised
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.
ARTICLE 5 - RESERVATIONS
5.1 Reservation requirements
5.1.1 We or our Authorised 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 or 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 Authorised Agent, we may cancel your reservation.
5.3 Persoanl data
You recognise 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 authorise us to retain and use such data and to transmit it to our own offices,
Authorised Agents, government agencies, other Carriers or the providers of the above-mentioned
services.
5.4 Seating
We will endeavour 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
5.5.1 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.
5.5.2 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
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.
ARTICLE 6 - CHECK-IN AND BOARDING
6.1 Check-in Deadlines are different at every airport and we recommend that you inform yourself about these 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 Authorised 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 Authorised 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.
ARTICLE 7 - REFUSAL AND LIMITATION OF CARRIAGE
7.1 Right to refuse carriage
In the reasonable exercise of our discretion, we may 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 notice carry you on our flights. We may also refuse to carry you or
your Baggage if one or more of the following have occurred or we reasonably believe
may occur:
7.1.1 such action is necessary in order to 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 of 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 Authorised Agent, or has been reported as being lost or stolen, is 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 Authorised Agent, or the Ticket is mutilated; 7.1.10 you fail to observe our instructions with respect to safety or security; 7.1.11 you have previously committed one of the acts or omissions referred to above.
7.2 Consequences of refusal to carry or removal of passenger
If we have, in the exercise of our reasonable discretion, refused to carry you,
or removed you en route, for any of the reasons mentioned in Article 7.1, then we
may cancel any remaining unused portion of the Ticket, you will not be entitled to
further carriage or to any refund with respect to any of the sectors covered by the
Ticket and we will not be liable for any consequential loss or damage alleged due
to any such refusal to carry or removal en route.
7.3 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.
ARTICLE 8 - BAGGAGE
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 our Authorised Agents.
8.2 Express baggage
You will be required to pay a charge for carriage of Baggage in excess of the
free Baggage allowance. These rates are available from us upon request.
8.3 Items unacceptable as baggage
8.3.1 You must not include in your Baggage: 8.3.1.1 items which
are likely to endanger the aircraft or persons or property on board the aircraft,
such as those specified in the International Civil Aviation 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); 8.3.1.2 items the carriage
of which is prohibited by the applicable laws, regulations or orders of any state
to be flown from or to; 8.3.1.3 items which are reasonably considered by us
to be unsuitable for carriage because they are dangerous, unsafe or by reason of
their weight, size, shape or character, or which are fragile or perishable having
regard to, among other things, the type of aircraft being used. Information about
unacceptable items is available upon request. 8.3.2 Firearms and ammunition
other than for hunting and sporting purposes are prohibited from carriage as Baggage.
Firearms and ammunition for hunting and sporting purposes may be accepted 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 8.3.1.1.
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 in 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 paragraphs 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 in 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 of 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 purpose of 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 delivery
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.
8.9 Animals
8.9.1 FlyBe will only accept the carriage of domestic cats and dogs on
its services, as cargo only and in accordance with the conditions of carriage detailed
in the current edition of the IATA Live Animals Regulations. 8.9.2 Acceptance
of cats and dogs as cargo are subject to booking confirmation being received prior
to shipment of the animal, and will be charged at the applicable cargo rate (with
additional documentation and handling fees at airport of origin and destination).
8.9.3 Cats and dogs will only be accepted with a valid health certificate
issued by a vet. Cats and dogs under 12 weeks of age will not be accepted under any
circumstances. 8.9.4 Carriage of cats and dogs are subject to route and aircraft
type operating, information of which is available on request. 8.9.5 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. 8.9.6 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. 8.9.7 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 shipping the animal must reimburse us for any fines, costs, losses or liabilities
reasonably imposed or incurred by us as a result.
8.10 Items removed by airport security personnel
We will not be responsible for, or have any liability in respect of, articles
removed from your Baggage by airport security personnel acting in accordance with
any applicable regulations, whether or not such items are subsequently retained or
destroyed by such airport security personnel or are passed by them to us.
ARTICLE 9 - SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS
9.1 Schedules
9.1.1 The flight times shown in timetables may change between the date
of publication and the date you actually travel. We do not guarantee them to you
and they do not form part of your contract 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 endeavour 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
cancellation, 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: 9.2.2.1 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 9.2.2.2
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 9.2.2.3 make a refund in accordance with the provisions of Article 10.2.
9.2.3 Upon the occurrence of any of the matters set out in Article 9.2.2, except
as otherwise provided by the Convention, the options outlined in Article 9.2.2.1
to 9.2.2.3 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. A
copy of our denied boarding compensation policy is available upon request.
ARTICLE 10 - REFUNDS
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, 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 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, 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 Authorised Agent lose the Ticket or a portion of it, the loss shall be
our responsibility.
10.5 Right to 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. 10.5.3 We may refuse a refund in the circumstances
mentioned in Article 7.2.
Refund Information
10.6 Currency
We reserve the right to make a refund in the same manner and the same currency
used to pay for the Ticket.
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 authorised.
ARTICLE 11 - CONDUCT ABOARD AIRCRAFT
11.1 General
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 Payment of diversion costs
If, as a result of conduct by you of the sort mentioned in Article 11.1 we decide,
in the exercise of our reasonable discretion, to divert the aircraft for the purpose
of offloading you, you must pay all costs resulting from that diversion.
11.3 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.
ARTICLE 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.
ARTICLE 13 - ADMINISTRATIVE FORMALITIES
13.1 General
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 of 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 Securtity inspection
You shall submit to any security checks by Governments, airport officials, Carriers
or by us.
ARTICLE 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 15.5.1.
ARTICLE 15 - LIABILITY FOR DAMAGE
15.1 Applicability
The liability of each carrier involved in your journey will be determined by
its own conditions of carriage. Our liability provisions are as follows:
15.2 Warsaw Convention
Unless otherwise provided in this Article, international carriage, as defined
in the Convention, is subject to the liability rules of the Convention.
15.3 Death of or injury to passengers
15.3.1 Our liability for damages sustained in the event of death, wounding
or any other bodily injury by a Passenger in the event of an accident shall not be
subject to any financial limit, be it defined by law, convention or contract. 15.3.2
The obligation of insurance set out in Article 7 of Council Regulation (EEC) 2407/92
shall be understood as requiring that we shall be insured up to the limit of liability
set out in Article 15.3.3 below, and after that up to a reasonable level. 15.3.3
For any damages up to the sum of the equivalent of 100,000 Special Drawing Rights,
we shall not exclude or limit our liability by proving that we and our agents have
taken all necessary measures to avoid the damage or that it was impossible for us
or our agents to take such measures. 15.3.4 Notwithstanding the provisions
of Article 15.3.3, if we prove that the damage was caused by, or contributed to by,
the negligence of the injured or deceased Passenger, we may be exonerated wholly
or partly from our liability in accordance with applicable law. 15.3.5 We
shall, without delay, and in any event not later than fifteen days after the identity
of the natural person entitled to compensation has been established, make such advance
payments as may be required to meet immediate economic needs on a basis proportionate
to the hardship suffered. 15.3.6 Without prejudice to Article 15.3.5, an advance
payment shall not be less than the equivalent of 15,000 Special Drawing Rights per
Passenger in the event of death. 15.3.7 An advance payment shall not constitute
recognition of liability and may be offset against any subsequent sums paid on the
basis of our liability, but is not returnable, except in the cases described in Article
15.3.4 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 compensation. 15.3.8 We are not responsible for any
illness, injury or disability, including death, attributable to your physical condition
or for the aggravation of such condition.
15.4 Baggage
15.4.1 We will not be liable for damage to unchecked Baggage unless such
damage is caused by our negligence. 15.4.2 Except in the case of an act or
omission done with intent to cause damage or recklessly and with knowledge that damage
would probably result, our liability in the case of damage to checked Baggage shall
be limited as provided by the Convention, which in most cases provides for a limit
of 17 Special Drawing Rights per kilo for checked Baggage and 332 Special Drawing
Rights in the case of unchecked Baggage, provided that if in accordance with applicable
law different limits of liability are applicable such different limits shall apply.
If the weight of your checked Baggage is not recorded on the baggage check, it is
presumed that the total weight of the checked Baggage does not exceed the applicable
free baggage allowance for the class of carriage concerned. 15.4.3 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.
15.4.4 We shall have no liability whatsoever for damage to articles not permitted
to be contained in checked Baggage under Article 8.3, including fragile or perishable
items, items having a special value, such as money, jewellery, previous metals, computers,
personal electronic devices, negotiable papers, securities, or other valuables, business
documents, passports and other identification documents, or samples.
15.5 General
15.5.1 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. 15.5.2
We are not liable for any damage arising from our compliance with or your failure
to comply with applicable laws or Government rules and regulations. 15.5.3
Except as may be specifically provided otherwise in these Conditions of Carriage
or by applicable law, we shall be liable to you only for recoverable compensatory
damages for proven losses. 15.5.4 The contract of carriage, including these
Conditions of Carriage and exclusions or limits of liability, applies to our authorised
agents, servants, employees and representatives to the same extent as it and they
apply to us. The total amount recoverable from us and from such authorised agents,
employees, representatives and persons shall not exceed the amount of our own liability,
if any. 15.5.5 Nothing in these Conditions of Carriage shall waive any exclusion
or limitation of our liability under the Convention or applicable laws unless otherwise
expressly stated. 15.5.6 Nothing in these Conditions of Carriage shall waive
any exclusion or limitation of our liability or any defence available to us under
the Convention or applicable laws as against any public social insurance body or
any person who is liable to pay compensation or has paid compensation in respect
of the death, wounding or other bodily injury of a Passenger.
ARTICLE 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 (7) 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 (21) Days
from the date the Baggage has been placed at your disposal. Every such notification
must be made in writing.
16.2 limitations of action
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 determined by the law of the court
where the case is heard.
ARTICLE 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: (i) the carriage of unaccompanied minors, pregnant women, and sick passengers, (ii) restrictions on use of electronic devices and items; (iii) the on board consumption of alcoholic beverages.
Regulations concerning these matters are available from us upon request.
ARTICLE 18 - INTERPRETATION
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.
REGULATION (EC) No. 889/2002 NOTICE
AIR CARRIER LIABILITY FOR PASSENGERS AND THEIR BAGGAGE
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For
damages up to 100,000 SDRs (approximately EUR 123,000) the air carrier cannot contest
claims for compensation. Above that amount, the air carrier can defend itself against
a claim by proving that it was not negligent or otherwise at fault.
Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment,
to cover immediate economic needs, within 15 days from the identification of the
person entitled to compensation. In the event of death, this advance payment shall
not be less than 16,000 SDRs (approximately EUR 20,000).
Passenger delays
In case of passenger delay, the air carrier is liable for damage unless it took all
reasonable measures to avoid the damage or it was impossible to take such measures.
The liability for passenger delay is limited to 4,150 SDRs (approximately EUR 5,100).
Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all
reasonable measures to avoid the damage or it was impossible to take such measures.
The liability for baggage delay is limited to 1,000 SDRs (approximately EUR 1,230).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1,000
SDRs (approximately EUR 1,230). In the case of checked baggage, it is liable even
if not at fault, unless the baggage was defective. In the case of unchecked baggage,
the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration
at the latest at check-in and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and
complain to the air carrier as soon as possible. In the case of damage to checked
baggage, the passenger must write and complain within seven days, and in the case
of delay within 21 days, in both cases from the date on which the baggage was placed
at the passenger's disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting
air carrier, the passenger has the right to address a complaint or to make a claim
for damages against either. If the name or code of an air carrier is indicated on
the ticket, that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date
of arrival of the aircraft, or from the date on which the aircraft ought to have
arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999,
which is implemented in the Community by Regulation (EC) No2027/97 (as amended by
Regulation (EC) No889/2002) and national legislation of the Member States.
DISCLAIMER: This is a notice required by European Community Regulation (EC) No.
889/2002. This notice cannot be used as a basis for a claim for compensation, nor
to interpret the provisions of the Regulation or the Montreal Convention. No representation
is made by the carrier(s) as to the accuracy of the contents of this notice.
REGULATION (EC) No. 889/2002 NOTICE
Limits of liability
The applicable limits of liability for your journey on a flight operated by Jersey
European Airways (UK) Limited trading as flybe, are as follows:
1. There are no financial limits for death or bodily injury and the air carrier may
make an advance payment to meet immediate economic needs of the person entitled to
claim compensation;
2. In the case of destruction, loss of, or damage or delay to baggage, 1,000 Special
Drawing Rights (approximately EUR 1,230) and, if the value of your baggage is greater
than this limit, you should inform the carrier at check-in or ensure that it is fully
insured prior to travel;
3. In the case of delay to your journey, 4,150 Special Drawing Rights (approximately
EUR 5,100).
If your journey also involves carriage by other airlines, you should contact them for information on their limits of liability.
This notice conforms to the requirements of European Community Regulation (EC)
No. 889/2002
