MALUTI SKY TERMS AND CONDITIONS OF CARRIAGE
1. DEFINITIONS OF EXPRESSIONS IN THESE TERMS AND CONDITIONS
“we”, “our”, “ourselves” and “us” means Maluti Sky, the trading name of MGC Aviation (Matekane Mining Investment Company (PTY) LTD, a company (I2004/16) duly incorporated under the company laws of the Kingdom of Lesotho with its principal place of business at MGC Park Corner Pope John Paul II Road & Mpilo Boulevard , Maseru 104, Lesotho;
“you”, “your” and “yourself” means any person, except members of the crew, carried on our aircraft, having been issued with a ticket, for valid transportation (see clause 1.19 below, the definition for “passenger”);
“airline designated code” means the two characters or three letters which identify particular air carriers;
“authorised agent/s” means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation service;
“baggage” means your personal property accompanying you in connection with your trip. Unless Maluti Sky determines otherwise, baggage includes both your checked and unchecked baggage;
“baggage check” means those portions of your ticket which relate to the carriage of your checked baggage;
“baggage identification tag” means the document given to you by us to identify each piece of your checked baggage;
“checked baggage” means your baggage which is placed in the hold of the aircraft;
“check-in deadline” means the time limit which we have set for you as passenger to complete the formalities relating to check-in and when you receive your boarding pass;
“conditions of carriage” means these terms and conditions of carriage which are referred to in your ticket;
“convention” means whichever of the following 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 the Montreal (1975);
The Guadalajara Supplementary Convention (1961) where applicable;
The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999 (referred to below as the Montreal Convention)
“coupon” means both a paper flight coupon and an electronic coupon, each of which entitles you as named passenger to travel on the particular flight identified thereon;
“damage” includes death, wounding or bodily injury to you as passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental to it, performed by us;
“day” means all seven days of the week. For the purpose of any notification, the day upon which any such notice is despatched to you shall not be counted and for the purposes of determining the duration of validity of a ticket, the day upon which the ticket is issued or the flight commenced shall not be counted;
“electronic ticket” means the itinerary/receipt issued by us or on our behalf and if applicable, a boarding pass;
“force majeure” means any event outside our control, including, without limitation, acts of god, meteorological events (such as storms, rain, wind, fog, flooding, heat, earthquakes, haze, cyclones, or volcanic eruption). It also includes without limitations, governmental actions, disturbances or potentially volatile international conditions, civil commotions, riots, embargos, wars or hostilities (whether actual, threatened or reported) strikes, work stoppage, slow down, lockout or any other labour related disputes involving or affecting our service, mechanical difficulties, Air Traffic Control, the inability to obtain fuel, airport gates, labour or landing facilities for the flight in question or any fact not reasonably foreseen, anticipated or predicted by us;
“flight” means a flight from one point indicated on the ticket to the next point;
“itinerary/receipt” means a document or documents issued by us or on our behalf to you as passenger travelling on electronic tickets and contains your name, flight information and notices;
“notice of contract terms and conditions 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 terms and conditions of carriage and notices;
“passenger” means you and any person, except members of the crew, carried or to be carried on our aircraft, with our consent, pursuant to a ticket;
“stopover” means a scheduled stopover on your journey, at a point between the place of departure and the place of destination;
“ticket” means the itinerary/receipt issued by us or on our behalf, which includes our terms and conditions of carriage and notices;
“unchecked baggage” means your baggage other than your checked baggage, which you normally take with you onto our aircraft.
These terms and conditions of carriage will apply to all flights operated by us.
These terms and conditions of carriage are applicable unless they are inconsistent with applicable laws, in which event, such laws shall prevail. If any provision of these terms and conditions of carriage are invalid under any applicable law, all remaining provisions thereof shall nevertheless remain valid.
3.1.1 We will only provide carriage to you as the passenger named in the ticket and you will be required to produce an acceptable means of identification, such as a valid passport.
3.1.2 A ticket that has been issued by us or by one of our authorised agents on our behalf, it is and shall at all times remain our property;
3.1.3 A ticket is valuable and therefore you should take appropriate measures to safeguard it and ensure that it is not lost, stolen or damaged;
3.1.4 A ticket is not transferable;
3.1.5 For the purposes of the Warsaw Convention and the Montreal Convention, an ETicket
Itinerary Receipt is deemed to serve as a Ticket. In the case of an electronic ticket, you as a passenger are required to bring the e-ticket itinerary/receipt to the airport as it may be necessary for you to present it to us and the airport emigration and security personnel;
3.1.6 It is your responsibility to ensure that you have appropriate and adequate travel insurance to cover instances where you are unable to make use of such a Ticket for whatever reason, including non-performance by the Airline.
3.1.7 The new Immigration Regulations of South Africa requires that all parents produce an original
(full) unabridged birth certificate or a certified copy for their children under eighteen (18) years of age.
184.108.40.206 The following will be required for International travel from South Africa from 01 June 2015:
(a) Children travelling with both parents: An Original Unabridged (full) Birth Certificate; OR a Certified copy of the Unabridged (full) Birth Certificate
(b) Children travelling with one parent: An Original Unabridged (full) Birth Certificate; OR a Certified copy of the Unabridged (full) Birth Certificate; AND an Affidavit from the absent parent stating consent to travel issued no more than three (3) months prior to date of travel; OR a Court Order granting full parental responsibilities to the present parent; OR in the case where the other parent is deceased, a Death Certificate of the other parent registered as a parent of the child on the birth certificate; OR provided that the Director‐General may, where the parents of the child are both deceased and the child is travelling with a relative or another person related to him or her or his or her parents, approve such a person to enter into or depart from the Republic with such a child.
(c) Where a child is travelling with someone other than a parent or guardian: A copy of the Minor’s Birth Certificate; together with an affidavit from the Parents or Legal Guardian of the child stating consent to travel and copies of the Identity Documents or Passports of the Parents or Legal Guardian of the child; and the contact details of the Parents or Legal Guardian of the child, provided that the Director‐General may, where the parents of the child are both deceased and the child is travelling with a relative or another person related to him or her or his or her parents, approve such a person to enter into or depart from the Republic with such a child.
(d) When travelling unaccompanied: affidavit from both Parents or Legal Guardian, stating consent to travel (Or consent from one parent together with a Court Order granting full parental responsibilities); Letter from the person receiving the minor in South Africa containing residential address and contact details; copy of the Identity Document or Valid Passport (including Visa or Residence Permit, if required) of the person receiving the minor in South Africa; The contact details of the Parents or Legal Guardian of the child.
3.1.8 The Regulations are applicable to all parents arriving, transiting and departing South Africa, irrespective of nationality.
3.1.9 All documents issued in a language other than English must be accompanied by a sworn translation into English, certified by the issuing country.
3.1.10 All documents must be certified as the original or as a true copy of the original by a Commissioner of Oaths (or the equivalent, should Commissioners of Oaths not be a practice in the country concerned).
3.1.11 All documents issued in a language other than English must be accompanied by a sworn translation into English, certified by the issuing country.
3.2 Period of Validity
3.2.1 Except as otherwise provided for in the ticket, in these terms and conditions of carriage 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:
220.127.116.11 1 (one) year from the date of issue; or
18.104.22.168 Subject to the first travel occurring within 1 (one) year from the date of issue, 1 (one) year from the date of first travel under the ticket. It is your responsibility to familiarise yourself with the fare rules and the terms and conditions of the Ticket.
3.2.2 If you are prevented from travelling within the period of validity of the ticket because at the time of your 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 at our discretion
3.2.3 If after commencing 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 and on which space is available in the class of service for which the fare has been paid. Such illness must be attested by a medical certificate;
3.2.4 In the event that you as passenger fail to present yourself at either the check-in counter for the check-in procedure or at the boarding gate for the boarding procedure, we reserve the right to consider you as a “no show” and you will forfeit the ticket for that applicable segment of the travel without the right to any refund.
3.3 Sequence of Ticket Use
3.3.1 The Ticket is valid only for the transportation as indicated on the Ticket, from the place of departure to the destination. The fare you have paid is for the transportation and sequence of transportation as indicated on the Ticket. The Ticket will not be honoured by the Airline and will lose its validity if all the coupons are not used in the sequence for provided on the Ticket.
3.3.2 Should you wish to change any aspect of transportation as indicated on the Ticket, you are obliged to contact us in advance of the date of travel. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining the original transportation as Ticketed.
3.3.3 Should you be required to change any aspect of the transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts available to us to transport you to the next Stopover or the final destination, without recalculation of the fare.
3.3.4 Should you change the transportation without our express agreement, we will assess the correct price for the actual travel. You will be obliged to pay the difference between the price and penalties, if applicable, and the total price applicable for the revised transportation. We will refund you the difference if the new price is lower than the original price.
3.3.6 Depending on the fare class, most 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.
3.3.7 Each flight coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which the Ticket has been reserved.
3.4 Replacement of Tickets
3.4.1 In the event of loss or mutilation of a Ticket (or part of it) by you or non-presentation of a document containing the passenger coupon and all unused flight coupons, 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 or fraud of the Ticket.
3.4.2 We reserve the right to charge an administration fee for this service which will be the prevailing fee at the time and duly communicated to you before replacement of the Ticket.
3.4.3 Where such evidence that a Ticket valid for the flight(s) in question is not available or you do not sign such an agreement to reimburse us for any costs and losses, up to the value of the original Ticket, we will 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.
3.4.4 A Ticket is an instrument of value and you should take the appropriate
measures to safeguard it and ensure that it is not lost or stolen.
4. FARES, TAXES, FEES AND CHARGES
4.1.1 The fare paid for the ticket includes the carriage of you the passenger and your baggage from the airport of departure to the airport at the destination via specified stopovers (if applicable) at the times and on the dates specified in the ticket, unless we advise you otherwise for whatever reason;
4.1.2 Fares do not include ground transport service between airports and between airports and town terminals which are necessarily and reasonably incurred by us for misuse or fraud of the ticket;
4.1.3 Your fare will be calculated in accordance with our tariff in effect from the date of payment of your ticket for travel on the specified dates and the itinerary shown thereon. Should you change your itinerary or dates of travel this may impact on the fare to be paid.
4.1.4 Airfares are different for adult, children and infant Passengers:
Adult fares apply to Passengers twelve (12) years and over.
Children fares apply to Passengers two (2) to eleven (11) years of age.
Infant fares apply to Passengers under two (2) years of age.
4.1.5 Infants that pay the infant fare will be seated on the adult’s lap. Infants that require their own seat (between six (6) and twenty-three (23) months) must be in an approved car-type seat and will be charged the children fare.
4.1.6 Infants becoming two (2) years en-route must have a booked seat for the remaining portion of the journey and the child fare applies for this part of the journey.
4.1.7 The fare charged shall be determined by the age of the child or infant at the date of departure.
4.1.8 A second infant (twins) must travel with an accompanying adult.
4.2 Taxes, Fees and Charges
4.2.1 Prior to carriage, you will pay us the total of all the applicable taxes, fees and charges imposed on us by a government or other authority or by the operator of any airport, which we are obliged to collect from you as passenger or to pay in respect of your carriage;
4.2.2 When you purchase the ticket all taxes, fees and charges not included in the fare will be shown separately on the ticket but will be included in the total fare of the ticket;
4.2.3 Taxes, fees and charges imposed on air travel are not within our control and are prescribed and can be imposed or charged after the date of the ticket has been purchased. If a tax, fee or charge is imposed or increased after the ticket has been purchased, you as passenger will be obliged to pay us any such tax, fee or charge or any such increase prior to carriage, at our request;
4.2.4 In the event of any tax, fee or charge is abolished or reduced and becomes no longer applicable to all or part of your carriage, a refund may be claimed by you from us.
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 local currency). We may at our discretion accept payment in another currency.
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. Certain fares have conditions which limit or exclude your right to change or cancel reservations. It is your responsibility to familiarise yourself with the terms and conditions that apply to the fare you pay for your ticket.
5.1.2You are obliged to let us know at the time of your reservation of any medical condition that may require medical or special assistance during boarding, flight or disembarkation. We will book you provisionally and once we are satisfied that you have received medical clearance to travel and will comply with conditions stated therein, we will confirm your flight. We reserve the right to deny boarding to Passengers in the interest of safety.
5.1.3The reservation, ticket, boarding pass and passport will be in the same name and order of name and surname.
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 Personal Data
5.3.1You recognise and accept that the personal data that has been given to us for the purpose of making a reservation, purchasing a ticket, obtaining ancillary services, developing or providing services, facilitating emigration 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 to transmit to our own offices, authorised agents, government agencies, other carriers or the providers of the abovementioned services.
5.3.2 Sensitive information, such as but not limited to, information regarding a Passenger’s health or disabilities, religion, criminal record, may be processed by us. You hereby authorise us to disclose such sensitive personal information to third parties for purposes as described in 5.3.1
5.3.3 We may require the name and contact details of a third party we may need to contact in the event of an emergency. It is your responsibility to ensure that the third party consents to the disclosure of their details for that purpose.
We will endeavour to honour advance seating on request however, we cannot guarantee any particular seat. We reserve the right to assign or re-assign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety, security reasons or otherwise.
5.5 Reconfirmation of Reservations
Please reconfirm all flight information as indicated on your ticket, 48 hours prior to departure.
5.6 Cancellation of Flights
5.6.1 If you do not present yourself for a flight without advising us in advance you will be recorded as a ‘no-show’ and we may cancel your return or onward reservations. This includes non-arrival at the check-in counter, and the boarding gate. It is your responsibility to familiarise yourself with the terms and conditions of your ticket.
5.6.2 We do not accept any responsibility and are not liable to you for any loss or expense whatsoever, should you fail to comply with the requirements as stipulated in 5.6.1.
6. CHECK-IN AND BOARDING
6.1 Check-in times: We advise that the check-in deadlines are different at every airport and we recommend that you inform yourself about these check-in deadlines and we request that you honour them. Please 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. Our authorised agents or ourselves will advise you of the check-in deadline for your first flight with us. For any subsequent flights in your journey, you should inform yourself of the check-in deadlines. Check-in deadlines for our flights may be found in our timetable, or may be obtained from our authorised agents or ourselves.
6.2 Flight Closure Times: Flights close for check-in 50 minutes before departure.
6.3: Flight Boarding Times: Boarding starts 40 minutes before departure and closes 20 minutes before departure. You must present yourself at the boarding gate no later than the time specified by us when you check-in. We may cancel the space reserved for you if you fail to arrive at the boarding gate on time.
6.4 We will not be liable for any loss or expense that you may suffer if you fail to meet the check-in deadline or fail to be at the boarding gate on time or if you fail to produce an acceptable means of identification at check-in.
7. REFUSAL AND LIMITTION OF CARRIAGE
7.1 Our Right to Refuse Carriage
7.1.1 In our reasonable exercise of our absolute discretion, we may refuse to carry you on any one of our flights. We may refuse to carry you or your baggage if one or more of the following have occurred or we reasonably believe may occur:
22.214.171.124 Our decision is necessary in order to comply with any applicable government laws, regulations or orders;
126.96.36.199 Our carriage of you or your baggage may endanger the safety, health, comfort or convenience of other passengers or crew;
188.8.131.52 Your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to other passengers, to crew or to our property;
184.108.40.206 If you are, or we may reasonably believe that you are in the unlawful possession of drugs;
220.127.116.11 If you have refused to submit yourself or your baggage to a security check;
18.104.22.168 If you have not paid or refused to pay the applicable fare taxes fees or charges;
22.214.171.124 If you do not meet the requirements in relation to your medical fitness to fly;
126.96.36.199 If you have not obeyed the reasonable instructions of our ground staff or a member of the crew of the aircraft relating to safety and security;
188.8.131.52 If you have used threatening, abusive or insulting language towards our ground staff or a member of the crew of the aircraft;
184.108.40.206 If you have behaved in a threatening, abusive, insulting or disorderly manner towards a member of our ground staff or a member of the crew of the aircraft;
220.127.116.11 You have deliberately interfered with a member of the crew of the aircraft carrying out his/her duties;
18.104.22.168 You have made a hoax bomb threat;
22.214.171.124 You present a ticket that has been acquired unlawfully, has been purchased from an entity other than from our authorised agents or ourselves, has been reported as being lost or stolen, or is a counterfeit, or you cannot prove that you are the person named in the ticket;
126.96.36.199 You have committed a criminal offence during the check-in or boarding process or on board the aircraft;
188.8.131.52 You do not appear to have valid travel documents, you may seek to enter a country for which you do not have a valid travel document, destroy your travel documents during the flight or refuse to surrender your travel documents to the flight crew, against receipt, when requested to do so;
184.108.40.206 You have presented a ticket with an alteration made by neither our authorised agents nor ourselves;
220.127.116.11 You have failed to complete the check-in process by the check-in deadline or presented yourself at the boarding gate timeously;
18.104.22.168 You have behaved in any way mentioned above or in connection with any previous flight and that we believe that you may repeat such behaviour;
22.214.171.124 If you have refused or failed to undergo a health screening or a health examination requested by a government or enforcement agency or ourselves;
126.96.36.199 You appear in our reasonable opinion not to meet the Visa requirements or not to have valid or lawfully acquired travel documents or you have refused to allow us to copy your travel documents or surrender the travel documents.
7.2 REIMBURSEMENT OF COSTS
If you are refused carriage for any of the reasons set out above, you will be obliged to reimburse us for any costs we incur resulting from -
7.2.1 Repair or replacement of property lost, damaged or destroyed by you.
7.2.2 Compensation we are obliged to pay to any Passenger or crew member
affected by your actions.
7.2.3 Delaying the aircraft for the purpose of removing you and/or your Baggage.
7.2.4 Any consequential costs or losses that we may incur as a result of your conduct or misconduct.
7.2.5 We reserves the right to apply towards such payment or expenditure the value of any unused carriage on your Ticket or any of the funds in our possession.
7.3 SPECIAL ASSISTANCE
7.3.1 Reservations for unaccompanied children, passengers with reduced mobility, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Please specify the assistance you need at the time of booking, and contact the Maluti Sky offices to make the necessary arrangements before your flight: +266 52500759 or +266 52500762.
7.3.2 Reservations for unaccompanied children, passengers with reduced mobility, pregnant women, persons with illness or other people requiring special assistance cannot be booked online. Please contact us on +266 52500759 from Monday to Friday, 08h30 to 17h00, not less than three (3) business days prior to departure of the relevant flight.
7.3.3 Passengers with disabilities, who have made timeous prior arrangements with us, which arrangements have been accepted by us in writing, shall not subsequently be refused carriage on the basis of such disability or special requirements.
7.3.4 Regulations limit us to the amount of space available per flight to ensure we have sufficient crew onboard to assist in the event of an emergency situation.
7.3.5 Passengers with disabilities may not be seated at the emergency exit rows nor
the row in front or the row behind the emergency exit.
WCHR (Wheelchair Ramp) for Passengers who require a wheelchair from the
airport terminal to and from the aircraft and can climb stairs but cannot walk
WCHS (Wheelchair Stairs) for Passengers who require a wheelchair from the
airport terminal to and from the aircraft and up and down the stairs. A
Passenger Aid Unit (PAU) service will be provided if the Passenger cannot
climb stairs at all (e.g. broken leg).
WCHC (Wheelchair to Cabin seat) for Passengers who are completely
immobile e.g. Paraplegics and Quadriplegics who require a wheelchair to and
from the aircraft via the service of a Passenger Aid Unit (PAU) and to and
from their cabin seat. An able bodied assistant needs to accompany
quadriplegic passengers at all times. We cannot accept stretcher
7.3.6 One mobility aid (up to 32kg) e.g. wheelchair, is carried free of charge in addition
to the applicable free hold baggage allowance. No battery powered wheelchairs or
mobility aids weighing in excess of 32kg will be allowed onboard and will need to
be carried as cargo.
7.3.7 Arrangement for the transportation of these wheelchairs will need to be arranged
by the passenger.
7.3.8 Wheelchairs within the limit will only be carried in the hold compartment of our
aircraft and not permitted in the main cabin.
7.3.9 Passengers taking their own personal electric wheelchair are permitted wet or dry
battery cells and will need to follow the procedure below:
a) Arrange the wheelchair ahead of time according to Clause 7.3.2
b) Adhere to the weight limitation in Clause 7.3.6
c) Passengers must ensure there are no leaks
d) The terminals must be isolated
e) Collapsible wheelchairs and mobility aids, batteries must be disconnected
f) Passenger must clearly label their batteries “wet” or “dry”
g) Passenger must check-in their own wheelchairs and batteries
7.3.10 Due to Occupational Health and Safety Law, the maximum weight of a person
that can be carried is limited by the capabilities of the individual staff member
carrying the passenger is 100kg.
7.3.11 Wheelchairs and mobility aids that cannot be lifted manually into the aircraft hold
will only be accepted for travel if both airports can provide the facilities to load /
unload the device. Please note that some airports may not have sufficient
equipment for lifting heavy wheelchairs and mobility aids.
7.3.12 Any passenger unable to fit into a single seat for any reason will be required to
purchase additional seats at the prevailing rates to accommodate the passenger’s
7.3.13 Our airport staff can only provide wheelchair assistance from the check-in
desk to the aircraft as well as from the aircraft to the arrival hall upon landing
and to the baggage claim area. This does not include the outside of the airport
building nor can they wait with a passenger or provide help with ground
7.3.14 Cabin crew may not assist passengers with feeding of meals, onboard facilities or
provide medication. Passengers with any of these requirements must travel with
an able bodied assistant.
7.4 Cognitive disabilities (including Alzheimer’s and dementia)
Passengers with intellectual impairments will need to travel with a safety assistant if it is determined that there are no means of communication to transmit the safety briefing between cabin crew and the passenger, or the established means of communication does not adequately satisfy the objectives of permitting communication of the safety briefing.
7.5 Meet and Assist is for Passengers who require an escort to and from the aircraft.
The age and a reason for the Meet and Assist request is required at the time of booking and is limited to:
a) first time flyer / young passenger (12 to 16 years of age)
b) mother with an infant
c) elderly Passenger
8.1.1 We will not be liable for damage to Unchecked Baggage unless caused by our gross negligence or willful misconduct which must be reasonably proved by you.
8.1.2 It is your responsibility to ensure that your Baggage is adequately secured, insured and that all valuable items or important documents are removed from your Checked Baggage prior to the check-in procedure and/or departure.
8.1.3 We will make every attempt to ensure that your Baggage is handled with care. Our liability for loss, delay or damage to baggage is limited in terms of the applicable Convention, unless you declare a higher value for the Checked Baggage in advance and the additional charges are duly paid to us.
8.1.4 The extent of our liability is not based on the weight of the bag nor its value. We will not accept liability for fragile, valuable, perishable articles or Baggage which is packed in damaged or unsuitable containers.
8.1.5 We recommend that you obtain adequate travel insurance cover prior to your journey.
8.1.6 To comply with health and safety requirements we cannot accept any single item of Baggage that exceeds thirty-two (32) kilogram in weight.
8.1.7 If the weight of your Checked Baggage is not recorded on the Baggage claim tag
we will assume that it is not more than the free Baggage allowance.
8.1.8 We will not be liable for minor damage to Checked Baggage such as scratches, dents, nicks, cuts, scuffs, stains, dirt or loss of external locks, straps, name tags and other external features attached to the Baggage resulting from normal baggage handling procedures.
8.2 Free Baggage Allowance
We will carry some of your baggage free of charge, subject to our terms and conditions of carriage and limitations, which are available on our website, on request from us or from our authorised agents.
8.3 Excess Baggage
You will be required to pay a charge for carriage of baggage in excess of the free baggage allowance. The rates are available on our website, on request from us, or from our authorised agents.
8.4 Items Unacceptable as Baggage
8.4.1There are certain items which you may not include in your baggage (whether as checked or unchecked baggage). It is your responsibility to familiarise yourself with the applicable rules regarding baggage. If you fail to comply with any of the applicable rules, then you and the baggage will be refused carriage and the fare rules applicable to the ticket will apply. In addition, you will not be entitled to claim compensation in respect of any prohibited item wrongfully included in your baggage, which sustains damage. You may not include the following items in your unchecked or checked baggage:
8.4.2 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 Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, our terms of conditions of carriage and/or our regulations (further information in this regard is available from us on request).
8.4.3 Items, the carriage of which is prohibited by applicable laws, regulations or orders of any State to be flown from, to or over. It is your responsibility to familiarise yourself with the applicable laws, regulations, order or governmental polices that may be applicable.
8.4.4 Items which are reasonably considered by us to be unsuitable for carriage because they are dangerous or unsafe or by reason of its weight, size, shape or character, or which are fragile or perishable having regard to, for example, the type of aircraft being used. We suggest that you consult with us or our authorised agents about any concerns that you may have about the suitability of the baggage prior to your arrival at the airport.
8.4.5 You may not include in your checked baggage, fragile or perishable items, valuable items including, but not limited to money, jewellery, precious metals, computer equipment, personal electronic devices, stored data, any medication or medical equipment which may be required in-flight or during your trip or which cannot be quickly replaced if lost or damaged, house or car keys, valuable documents (including for example business documents, passports or other identification documents, negotiable papers and security deeds), samples and mechanical car parts or any other item that may be considered of value.
8.4.6 You may not include in your unchecked baggage, real, replica or toy weapons, arms and ammunition, explosives or anything containing explosives (for example, Christmas crackers, fireworks or fire crackers) and incendiary materials, knives of any kind/type/shape or size, letter openers, metal cutlery, catapults, sling shots, razor blades and straight razor blades (excluding safety razors and accompanying cartridge blades), tradesman’s tools, darts, scissors, nail files, hypodermic needles and syringes (unless required for medical reasons and accompanied by a medical certificate confirming the medical condition necessitating carriage), knitting needles, corkscrews, sporting bats and clubs (including for example baseball and softball bats, golf clubs, cricket bats but excluding tennis, badminton and squash rackets), hard sporting balls (including for example cricket, field, hockey or billiard, snooker or pool balls), billiard, snooker or pool cues, martial arts devices and mechanical car parts. You may also not include any article which in our opinion or reasonable opinion of airport security personnel may be used as or adapted for use as a weapon with a potential to cause injury or incapacitation or to represent any other security or safety threat.
8.4.7 Any article which in our reasonable opinion or the reasonable opinion of airport security personnel, may be used as, or adapted for use as, a weapon with the potential to cause injury or incapacitation or to represent any other security or safety threat.
8.4.8 If any item of unchecked baggage become checked baggage (whether at your request or our request), you must immediately remove from it all items which are prohibited from inclusion as checked baggage as set out above.
8.4.9 We are not responsible for any item removed from your checked baggage or unchecked baggage and retained by airport security personnel. It is your responsibility to check the security requirements applicable to your flight and departure airport prior to travel and if personal items are removed from the baggage by airport security, it is your responsibility to ensure that you obtain a receipt therefor from the airport security personnel and make arrangements for collection of such items.
8.4.10 We will not be responsible for any loss or damage of any of the aforementioned forbidden items.
8.5 Lithium Batteries
8.5.1 Lithium batteries installed in equipment are common in cameras, laptop
computers, mobile phones, portable music players etc, must be switched off with
measures taken to ensure they cannot be accidentally activated when placed in
8.5.2 All spare lithium batteries shall only be permitted in Carry-on Baggage and must be protected from short circuit.
8.5.3 Whether a lithium battery can be carried by air or not depends on its configuration and either Watt-hour (Wh) rating (for rechargeable) or Lithium Content (LC) (for non-rechargeable).
8.5.4 For devices carried in Checked Baggage and in Carry-on Baggage, measures must be taken to prevent unintentional activation –
a. Separate the battery from the device
b. Batteries must be individually protected as to prevent short circuits.
8.5.5 For spare batteries –
a. No more than two (2) individually protected spare batteries per person.
b. Batteries must be individually protected so as to prevent short circuits by
placing them in original retail packaging or by otherwise insulating terminals e.g. by taping over exposed terminals or placing each battery in a separate plastic bag or protective pouch.
8.6 Right to Refuse Carriage
8.6.1 We will refuse to carry as baggage any of the items described for in clause 8.4 above and we may refuse further to carry any such items upon discovery thereof. 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 or character, or for safety or operational reasons, or in the best interests of the comfort and convenience of the passengers.
8.6.2 We will refuse to carry checked baggage if we reasonably believe that it is not properly and securely packed in suitable containers.
8.7 Our Right to Search, Screen and X-Ray you and your Baggage
8.7.1 For reasons of safety, health and security you may be searched and screened and your baggage may be searched, screened or x-rayed. You will be obliged to allow security checks by government officials, airport officials, police or military officials.
8.7.2 We will endeavour to search your baggage while you are present, but if you are not readily available, we reserve the right to search it in your absence.
8.7.3 In the event that you do not allow us to conduct all such searches, scans and x-rays, we reserve the right to refuse carriage to you and your baggage.
8.7.4 If a search, screen or x-ray causes damage to you, or a search, screen or x-ray causes damage to your baggage, we will not be liable for the damage unless it may be reasonably proved that it was caused solely by our gross negligence or wilful conduct.
8.7.5 Please note that the security authorities of some countries require that checked baggage is secured in such a manner that it may be opened without the possibility of causing damage in your absence. It is your responsibility to make yourself aware of this and to comply with any such requirements.
8.8 Dangerous Goods
8.8.1 Dangerous Goods are items that may endanger the safety of an aircraft or persons on board the aircraft. They are also known as restricted articles and hazardous materials. Their carriage on aircraft is governed by the IATA Dangerous Goods Regulations and the Civil Aviation Safety Authority Regulations. Except as indicated in 'A guide to Dangerous Goods', dangerous goods must not be carried in (or as) passenger or crew checked or carry-on baggage.
8.8.2 Civil Aviation Safety Regulations forbid the carriage of most items of Dangerous
Goods onto an aircraft such as:
a) Flammable liquids such as lighter or heating fuels
b) Flammable solids such as matches and articles which are easily
ignited, substances liable to spontaneous combustion and substances
which emit flammable gases on contact with water
c) Gases (flammable, non-flammable and poisonous)
d) Corrosives (such as mercury, acids, alkalis and wet cell batteries)
f) Explosives, munitions, fireworks, flares
g) Spare batteries
h) Infectious substances
i) Oxidizing materials (such as bleaching powder and peroxides)
j) Toxic substances
k) Magnetised materials
l) Radioactive materials
m) Miscellaneous including asbestos and engines
8.9 Limited Release Baggage
8.9.1 Limited Release baggage refers to the limitation of liability against Maluti Sky for damage or loss sustained by any duly identified item of Checked Baggage you may wish to take with you.
8.9.2 Such Baggage automatically includes all goods, bags, sporting equipment, etc. which cannot be delivered to the Baggage distribution section by means of the usual conveyor belt. It also covers Baggage that is unsuitably packed, fragile, perishable, not permitted as Cabin Baggage and late check-in.
8.9.3 Items accepted under cover of the Limited Release procedure are transported at
the Passenger’s own risk. The act of handing such duly identified pieces of Baggage over to the us indemnifies Maluti Sky from subsequent claims for alleged damage or pilferage from such items or the contents.
8.10 Checked Baggage (Baggage checked into the hold of the Aircraft)
8.10.1 Upon delivery to us of your baggage which you wish to check-in or of your baggage which we require you to check-in prior to boarding the aircraft, we will take custody of and issue a baggage identification tag for each piece of your checked baggage. Each and every piece of checked baggage must have your name and other personal identification affixed thereto.
8.10.2 Checked baggage wherever possible will be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry same on an alternate 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 thereof.
8.11 Unchecked Baggage (Baggage you Carry into the Cabin of the Aircraft)
8.11.1 We may specify the maximum dimensions for unchecked baggage which you carry onto 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 unchecked 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.
8.11.2 In the event that we have to remove your unchecked baggage from the cabin, it will be carried as checked baggage in the aircraft hold and you must remove any valuables therefrom. We will not be liable for any loss or damage to any valuables contained in such baggage.
8.11.3 Objects not suitable for carriage as checked baggage in the hold of the aircraft (such as delicate musical instruments, large and fragile items) and which do not meet the requirements of clause 8.11.1 above, will only be accepted for carriage in the passenger cabin if you have given us notice in advance and permission has been granted by us. You may be required to pay a separate charge for this service.
8.12 Collection and Delivery of Checked Baggage
8.12.1 Unless clause 8.10.2 is applicable, you are required to collect your checked baggage as soon as it is made available at your place of destination. Should you not collect your checked baggage within a reasonable period of time, we may charge you a storage fee. Should your checked baggage not be claimed within a period of three (3) months from the time that is made available, we may dispose of same without any liability to you.
8.12.2 Only the bearer of the baggage check or baggage identification tag shall be entitled to take delivery of the checked baggage.
8.12.3 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/she establishes to our satisfaction his/her right to the checked baggage.
8.13 Firearms and Dangerous Items
8.13.1 No hand weapons (small arms, hand guns (i.e. pistols/revolvers) used for self defence purposes) will be accepted or may be transported on our aircraft.
8.13.2 Rifles and shotguns for hunting and sporting purposes may be transported on our aircraft as checked baggage, only if approved by us in writing, no less than three (3) days prior to your flight. Rifles and shotguns must be unloaded with the safety catch in the on position, suitably packed and accompanied by all documents and authorisations legally required by all relevant authorities of the countries of departure, destination and stopovers. Ammunition for hunting and sporting activities will be limited to only 5kgs per passenger and will be accepted only as checked baggage. Ammunition must be packed separately from the rifle or shotgun.
8.13.3 It shall be your obligation to ensure that you obtain all documentation, legally required by all authorities of the countries of departure, destination and stopovers.
8.13.4 Other weapons such as antique firearms, swords, knives, toy or replica guns, bows and arrows and similar items may be accepted by us as checked baggage, but only at our sole and absolute discretion and subject to prior approval by us and shall only be carried in the hold of the aircraft.
8.13.5 We shall have no liability or responsibility in respect of any items accepted by us as checked baggage in terms of clauses 8.13.2 and 8.13.4 above, being removed from your checked baggage and/or retained or destroyed by security personnel, airport officials, police, governmental or military officials.
We reserve the right, in our absolute sole discretion, to refuse to carry any animals. If we agree to carry any animals they will be carried subject to the following conditions :
8.14.1 You must ensure that animals such as dogs, cats, household birds and other pets are properly crated (or carried in a container complying with any applicable legal requirements) and be accompanied by a valid health and vaccination certificate, entry permits and other documents required by any country of entry or transit, failing which they will not be acceptable for carriage. Such carriage may be subject to additional conditions specified by us which will be available on request. If the animal is 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;
8.14.2 All guide dogs accompanying passengers with disabilities will be carried free of charge in addition to the normal fee baggage allowance, subject to conditions specified by us, which will be available on request;
8.14.3 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 any animal which we have agreed to carry unless due to our gross negligence or wilfulness;
8.14.4 We shall have no liability in respect of any such animal not having the necessary exit, entry, health and other documentation 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, liabilities reasonably imposed or incurred by us as a result of our carrying such animal.
8.15 Damaged Baggage
8.15.1 Maluti Sky will not be liable for damage to Unchecked Baggage unless caused by
our gross negligence or wilful misconduct which must be reasonably proved by
you. Damages caused to any Checked Baggage which exceeds the applicable free baggage allowance shall not be liable to compensation.
8.15.2 Damage to Checked Baggage should be reported to and viewed by the baggage service agent immediately after the arrival of your flight where possible.
8.15.3 We will not accept liability for damage to Baggage resulting from inherent defect, quality or vice of the Baggage. Likewise, we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigours of transportation by air.
8.15.4 We will not be liable for damage to any item included in your baggage which you are prohibited from including in terms of Clause 8.4
(Items Not Allowed In Passenger Baggage).
8.15.5 You are advised to purchase insurance to cover instances where the actual value or replacement cost of the Baggage may exceed our liability limitation.
9 SCHEDULES, DELAYS AND CANCELLATION OF FLIGHTS
9.1.1 While we will use our best endeavours to provide the service as indicated in the timetable, the timetable may be subject to change due to safety and operational reasons. Flight times and flight durations shown in the timetables may change from the date of publication (or issue) and the date of your actual travel. We do not guarantee flight times and flight durations and they do not form part of your contract with us.
9.1.2 Prior to our accepting your booking, we or our authorised agents will inform you about the departure time of the flights which will be displayed on your ticket.
9.1.3 We may need to change the departure time of the flight after the ticket has been issued. It is your responsibility to us or our authorised agent to provide us with accurate contact information to enable us or our authorised agents to notify you of any such change.
9.1.4 In the event that the flight schedule change is not acceptable to you and we are unable to reserve space for you in the ticketed class of service on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with clause 10.2 below. Apart from such refund, we will not have any liability to you for any loss or expense whatsoever.
9.2 Cancellation and Re-routing
9.2.1 We will take all necessary reasonable measures to avoid a delay in carrying you and your baggage. In the exercise of these measures and in order to prevent the cancellation of the flight, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternate carrier and/or aircraft.
9.2.2 In the event of us cancelling a flight, failing to operate a flight reasonably according to the schedule, fail to stop at your destination or cause you to miss a connecting flight on which you hold a confirmed reservation, except as otherwise provided for by the Convention, we shall, at your option either carry you at the earliest opportunity on another of our scheduled flights on which space is available without additional charge and where necessary, extend the validity of your ticket or 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. In the event of the fare charges for the revised routing being lower than what you have paid we shall refund the difference. The above remedies are the only remedies available to you and we will have no other further liability to you except as may be provided by any law which may be applicable.
9.3 Weather Delays
9.3.1 It may happen that we experience uncontrollable delays caused by adverse weather conditions which are unavoidable. In such circumstances in the interest of the safety of our Passengers, a flight will either:
Return to the airport of departure, or
Divert to another destination.
Maluti Sky will not be liable to cover any Passenger expenses that arise as a result of the delay, diversion or disruption due to the weather.
9.3.2 In the event of a delay, diversion of disruption due to adverse weather conditions, we will not assume any liability for connecting flights that you may miss as a result of the delay or diversion.
We will not be held liable for any hotel, meals or surface transport costs arising from such delays or diversions. The same applies to a flight having to divert back to the airport of origin due to weather.
9.3.3 In the event of a flight being cancelled or diverted as a result of adverse weather
conditions, we will offer you a choice between making an alternative reservation within the validity of the Ticket, subject to availability or a refund less a reasonable administrative charge prevailing at the time of the refund.
9.4 Denied Boarding Compensation
If you are denied boarding against your will, other than for a Force Majeure event, on a flight which have both a valid ticket and a confirmed reservation, we will pay you compensation as may be required by any law that applies. This will not apply if you fail to meet the check-in and boarding requirements or we exercise our right to refuse to carry you as set out in clause 7.1 above.
10.1.1 In the event that a refund is due to you, we will refund the fare paid for a refundable ticket or any unused portion thereof, together with applicable taxes, fees, charges in accordance with the applicable fare rules. On a non- refundable ticket, only applicable taxes will be refundable.
10.1.2 We shall be entitled to make payment of the refund either to the person named in the ticket or the person who has paid for the ticket, upon presentation of satisfactory proof of identification and payment.
10.1.3 If the 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 payment of the refund only to the person who paid for the ticket or to that person’s order.
10.1.4 Except in the case of a lost ticket, refunds will only be made upon the surrender to us of the ticket or the unused flight coupons.
10.2 Involuntary Refunds
10.2.1 Fare refunds will be paid if we :-
- Cancel a flight;
- Fail to operate a flight reasonably according to schedule; or
- Fail to carry you on a flight for which you have a confirmed reservation and have met applicable check-in and boarding deadlines, and
- You have not been refused carriage for reasons permitted by these terms and conditions of carriage;
- Fail to stop at your destination; or
- Cause you to miss a connecting flight in circumstances where you hold a confirmed reservation and adequate time existed to make the connection between the originally scheduled time of arrival of your flight and the departure time of the connecting flight.
10.2.2 In the above circumstances, the refund will be equal to an amount equal to the fare paid, including all applicable taxes, fees and charges if no portion of the ticket has been used; or
10.2.3 If a portion of the ticket has been used, an amount equal to the difference between the fares paid including all applicable taxes, fees and charges and the fare for travel between the points for which the passenger has used the ticket.
10.2.4 We will pay you a refund in terms of clause 10.2.1 above if we refuse you carriage for any of the reasons set out in that clause.
10.2.5 We will pay to you in terms of clause 10.2.1 above if we terminate your carriage for any of the reasons set out in clause 11.1 below, (unacceptable behaviour on board the aircraft) before it is completed, except that you will not be entitled to any refund for the flight during which the unacceptable behaviour occurred. Apart from the aforegoing, we have no liability to you for any loss or expense whatsoever. With reference to clause 11.4, which we reserve our right to use the value of any unused carriage of your ticket to reimburse costs payable by you to us due to the unacceptable behaviour on board an aircraft.
10.3 Voluntary Refunds
If you are entitled to a refund of your ticket for reasons other than those set out in clause 10.2 above, the amount of that refund shall be :-
10.3.1 If no portion of the ticket has been used, an amount equal to the fare paid less any reasonable service charges or cancellation fees;
10.3.2 If portion of the ticket has been used, the refund shall be the amount equal to the difference between the fare paid and the applicable fare for the 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 In the event that you lose the ticket or part of it and provide us with satisfactory proof of that loss and pay the applicable administration fee, the airline will pay you a refund as soon as possible after the validity period of the ticket expires. We will only make payment if the lost ticket or part thereof has not been used, previously refunded or replaced, unless the use, refund or replacement by or to someone else resulted from our gross negligence; and
10.4.2 The person to whom the refund is made agrees (by signing an agreement) to repay us the amount of the refund and reimburse us for any legal costs and expenses of locating and notifying you and enforcing the agreement if we discover later that the refund was fraudulent or that the lost ticket (or part thereof) was used by you or someone else. This will not apply if any fraud or use by someone else resulted from our gross negligence.
10.4.3 If we or our authorised agents lose the ticket or portion thereof, the loss shall be our responsibility.
10.5 Right to Refuse Refund
10.5.1 We reserve the right not to refund the ticket if an application for the refund has been made after the expiry of the validity of the ticket.
10.5.2 We reserve the right not to refund the ticket for any flight on which you have been refused carriage (for any of the reasons set out in clause 7.1) or from which you have been removed (for any reason set out in clauses 11.1 to 11.3 below).
10.5.3 We may refuse to refund a ticket which has been presented to us, or to a government official, 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 other means of transport.
10.6 Refund Currency
We will remit funds in the same form and currency that was used to pay for the ticket.
10.7 By Whom Ticket Refundable
We will pay a voluntary refund only if we or our authorised agents issued the ticket.
11. CONDUCT ON-BOARD THE AIRCRAFT
At all times during your carriage on-board an aircraft, you have the duty to behave in a manner which is not likely to :-
11.1.1 Contravene the laws of any country and/or state which has jurisdiction over the aircraft;
11.1.2 Endanger, threaten (whether by hoax, threats or otherwise), injure or prejudice any other person or property or create the risk or threat of injury or damage to health;
11.1.3 Cause distress to or be complained of as materially objectionable to, other passengers on-board the aircraft, such conduct includes but are not limited to harassment, molestation, sexual assault, physical or verbal abuse;
11.1.4 Cause or likely to cause loss or damage to our property or that of any passengers on-board the aircraft;
11.1.5 Obstruct, hinder or interfere with the crew in the performance of their duties;
11.1.6 Contravene any instruction or direction of our staff or crew (whether oral or by written notice) lawfully issued for the purpose of the safety or security of the aircraft and of passengers or property and or convenience of passengers, including but not limited to instructions concerning safety, security, seating, seatbelts, smoking, consumption of alcohol or use of drugs, use of any electronic equipment of any nature whatsoever.
11.2 On-board Alcohol
You will not be allowed to consume alcohol on-board the aircraft (whether purchased as duty free from us or from someone else or otherwise obtained) unless it is being served by us. We have the right at any time for any reason to refuse to serve alcohol or to withdraw alcohol which has been served to you in the interests of safety and the comfort of other passengers.
11.3 Smoking Policy
Smoking is not permitted on our flights, no electronic cigarettes are permitted during any of our flights.
11.4 Breach of Duty
If we reasonably believe that you have failed to fully observe all of the duties placed on you in terms of clauses 11.1 to 11.3 above :-
11.4.1 We reserve the right to report the matter to any relevant police or other enforcement authority; and
11.4.2 We reserve the right to take such measures as we consider necessary to prevent the continuation or repetition of the offending conduct including but, not limited to physical restrain and/or removal of you from the aircraft and/or refusal to carry you after stopover (whether made for the purpose of removing you from the aircraft or otherwise); and
11.4.3 We reserve the right to refuse to carry you at any time in the future; and
11.4.4 You will reimburse us for any costs that we may incur in order to repair or replace property lost, damaged or destroyed by you, compensate any passenger or crew member affected by your actions; and
11.4.5 Divert the aircraft to a destination other than the destination as indicated on the ticket for the purpose of removing you from the aircraft. The airline reserves the right to use the value of any unused carriage on your ticket or any of the refunds in its possession to pay sums due to us from you arising from this clause 11.
12. ARRANGEMENTS FOR ADDITIONAL SERVICES
12.1 In the event of our making arrangements for you with any third party to provide any service other than carriage by air, or if we issue a ticket or a voucher relating to transportation or services (other than carriage by air) provided that a third party such as hotel reservations or car rental, in so doing we act only as your agent. The terms and conditions of the third party service provider will be applicable and we do not guarantee the quality and/or safety of such service on thosecompanies’ behalf.
12.2 If we are also providing service transportation for you, other conditions may apply to such service transportation. Such conditions shall be available from us upon request.
13. ADMINISTRATIVE FORMALITIES
13.1.1 You are responsible for obtaining all required travel documents and Visa and for the compliance 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 you resulting from your failure to obtain such documents, Visa or to comply with such laws, regulations, orders, demand, requirements, rules or instructions.
13.1.3 We will not accept you or your baggage for carriage if your visa or travel documents do not appear to be in order or if you have not complied with the other requirements of Clause 13.
13.1.3 For details of the required travel documents, you are advised to contact the embassy, consulate or other relevant body of all relevant countries prior to making your reservation. If you are not travelling immediately, we advise you to make sure, before commencement of travel, that no requirements have changed since the purchase of your ticket, and that your documents remain valid for all flights, stopovers and destinations.
13.1.4 At our request at any time before or during carriage, you are obliged to present all passports, Visas, health certificates required for the journey. You will also be obliged to permit us to take photocopies of those documents or to hand the documents to a member of our flight crew on-board the aircraft for safekeeping during flight.
13.1.5 We will not be liable to you if you do not have all passports, Visas, health certificates and other travel documents required for the journey or if any of those documents are out of date or if you have not obeyed all laws, regulations, orders and other requirements of all countries that you will exit, enter or through which you will transit during your journey.
13.1.6 We will not accept you or your baggage for carriage if your Visas or travel documents do not appear to be in order or if you have not complied with any other requirements in terms of this clause 13. We have the right to refuse carriage to you even if you have started or completed part of your carriage before we have reasonable cause to believe that you have not complied with this clause.
13.1.7 The Airline has the right to refuse carriage to the Passenger even if the Passenger
has started or completed part of the carriage before the Airline has reasonable
cause to believe (whether as a result of operation of Clause 13.1.4 or otherwise)
that the Passenger has not complied with Clause 13.1.
13.1.8 South African Immigration Regulations 2 (1) (d) reads:
Passengers travelling to South Africa must be in possession of a Passport with
two (2) unused pages required for Endorsements. The two (2) unused pages
when presented for purposes of endorsing a port of entry visa, permanent
residence permit or entry of departure stamp.
a. The two (2) unused Passport pages specifically pertain to Foreign (Non
South African) Passports.
b. These must be Visa pages.
c. The requirement does not apply to Foreigners who are in possession of valid
permanent residence permits in South Africa.
13.2 Refusal of Entry
In the event that you are denied to any country, you will be obliged to pay to us, the cost of any fine or charge assessed against us by the government concerned and the cost of transporting you from that country. The fair collected for carriage to the point of denied entry will not be refunded by us.
13.3 Responsibility 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 the laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, in so paid or any expenditures so incurred. We are entitled to apply towards such payments or expenditure the value of any unused carriage on your ticket or any of your funds in our possession.
13.4 Return of Confiscated Travel Documents
We will not be liable to you for the return of any travel documents, identification documents or tickets confiscated by a governmental or other authority
13.5 Customs Inspection
If so 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 during the course of such inspection or through your failure to comply with this requirement.
13.5 Security Inspection
You shall submit to all security checks by governments, airport officials or by us. If you do not allow all such searches, we will refuse to carry you and your baggage and the applicable fare rules of the ticket will apply. Please refer to Clause 8.7 (Right to Search, Screen and X-ray) for security checks on baggage.
14. SUCCESSIVE CARRIERS
Carriage to be performed by us and other carriers under one ticket is regarded as a single operation for the purposes of the Warsaw Convention and Montreal Convention. Your attention is drawn to the provisions of clause 15.6.1 below.
15. LIABILITY FOR DAMAGE
Our liability to you will be determined by the applicable law of these terms and conditions of carriage. Where other airlines are involved in your journey, their liability will be governed by the applicable law. The applicable law may comprise the Warsaw Convention or the Montreal Convention and/or laws which may apply to individual countries. The Warsaw Convention and Montreal Convention is applicable to international carriage as defined in those conventions. Provisions regarding our liability to you are set out in clauses 15.2 to 15.6 below.
15.2 Scope of Liability
Our liability will only be for damage occurring during carriage performed by us or in relation to which we have a legal liability to you. Where we issue a ticket for carriage by another airline or we check-in your baggage for carriage by another airline, we do so only as agent for that airline.
15.3 General Limitation
15.3.1 Wherever the Convention applies to your carriage, our liability will be subject to the rules and limitations of the applicable Convention.
15.3.2 We will be wholly or partially exonerated from liability to you for damage if we prove that the damage was caused or contributed by your negligence or other wrongful acts or omissions.
15.3.3 We will not be liable for any damage arising from our compliance with applicable Law or government rules and regulations or from your failure to comply with same, except as may be provided for by the Convention.
15.3.4 Except where we provide otherwise in these terms and conditions of carriage, we may be liable to you only for compensatory damages that you are entitled to recover for proven losses and costs under the Convention or applicable local laws which may apply.
15.3.5 Your contract of carriage with us, including these terms and conditions of carriage and all applicable exclusions and limitations of liability, applies for the benefit of our authorised agents, servants, employees and representatives to the same extent as they apply to us.
15.3.6 Nothing in these terms and conditions of carriage gives up or waives any exclusion or limitation of our liability in terms of the Convention or applicable law whichever may be applicable, unless otherwise expressly stated in writing by us or prevents us from excluding or limiting our liability under the Convention or under any other laws which may apply or gives up any defence available to us thereunder against any public social security body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury suffered by you.
15.4 Our Liability for Death, Wounding or other Bodily Injury
Unless otherwise provided for in this clause 15, or in these terms and conditions of carriage, the liability rules of the Convention, as varied by the rest of this clause 15, will be applicable to international carriage as defined in the Convention. The following supplementary rules shall be applicable:
15.4.1 Our liability for damages sustained in the event of death, wounding or other bodily injuries suffered by you in the event of an accident which shall not be subject to any financial limit, be it defined by law, convention or contract;
15.4.2 In respect of any damages up to the sum equivalent of 113 100.00 Special Drawing Rights (SDR’s) (or any such sum as provided under Article 21 paragraph 1 of the Montreal Convention), 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;
15.4.3 Notwithstanding the provisions of clause 15.4.2 above, if we prove that damage was caused by, or contributed to by, the negligence of you as injured or deceased passenger, we may be exonerated wholly or partially from our liability in accordance with applicable law;
15.4.4 To the extent that damage under this clause 15, may potentially exceed 113 100.00 SDR’s, they will be reduced accordingly if we prove that the damage was not due to the negligence or other wrongful act or omission of us or our agents or that the damage was solely due to the negligence or other wrongful act or omission of a third party;
15.4.5 We shall without any delay, and in any event by no later than fifteen (15) 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 the basis proportionate to the hardships suffered;
15.4.6 Without prejudice to clause 17.4.5, an advance payment shall not be less than the equivalent of 16 000.00 SDR’s per passenger in the event of death;
15.4.7 An advanced payment shall not constitute recognition of our liability;
15.4.8 An advanced payment may be off-set against any subsequent sums paid on the basis of our liability;
15.4.9 An advance payment is not returnable, except in the case described in clause 15.4.3 above or in circumstances where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation;
15.4.10 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
15.5 Our Liability for Damage to Baggage
15.5.1 We will not be liable for damage to unchecked baggage (other than damage caused by delay, which is governed by clause 15.5.4 below) unless such damage was caused by our gross negligence or the gross negligence of our agents. We shall further not accept liability for the damage such as scratches, stains, dents, cuts and dirt resulting from normal wear and tear or water damage to non-water proof baggage, damage or loss of protruding parts such as wheels, straps, pull handles or other items that are attached to baggage or items lost as a result of badly packed baggage.
15.5.2 For international carriage our liability for damage to your baggage, including damage caused by delay is limited by Convention. Where the Warsaw Convention applies, the applicable limit is normally taken to be 17 SDR’s per kilo for checked baggage and 332 SDR’s in respect 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 the checked baggage is not recorded on the baggage check, it is presumed that the total weight of the baggage checked does not exceed the applicable free baggage allowance for the class of carriage concerned.
15.5.3 Where the Montreal Convention applies, the applicable limit is 1131 SDR’s per passenger (or any such sum as provided under Article 21 of paragraph 2 of the Montreal Convention).
15.5.4 We are not liable for damage to baggage or damage caused by delay if proved that we or our agents took all reasonable measures to avoid the damage or it was impossible for us or our agents to take such measures due to any Force Majeure event.
15.5.5 We are not liable for any damage caused by your baggage. You shall be responsible for any damage caused by your baggage to any person or property, including our property.
15.5.6 We shall have no liability whatsoever for damage to articles not permitted to be contained in checked baggage in clause 8.3 above, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, other valuables, business documents, passports and other identification documents or samples, whether or not such baggage was handed over to a member of our staff or to our agents.
15.6 Our Liability for Damage Caused by Delay to Passengers
15.6.1 Our liability for damage caused to you by delay is limited by the Convention to 4694 SDR’s.
15.6.2 We are not liable for damage to you caused by delay, if we prove that we and our agents took all reasonable measures to avoid the damage or that it was impossible for us or our agents to take such measures.
15.7.1 If we issue a ticket for you to be carried on another carrier, or check-in baggage for carriage by another carrier, we only do so as agent for that carrier. If you have a claim for checked baggage, you may make it against the first or the last carrier or against the carrier performing the carriage during which the damage took place.
15.7.2 We are not liable for any damage arising from our compliance with or with your failure to comply with applicable laws or Government rules and regulations.
15.7.3 Our liability, if any shall be limited to proven compensatory damages, and in any event, we shall not be liable for direct consequential or other form of non-compensatory damages.
15.7.4 The contract of carriage, including these terms and conditions of carriage and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as 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.
15.7.5 Nothing in these terms and conditions of carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws, unless otherwise expressly stated.
15.7.6 Nothing in these terms and conditions of carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of death, wounding or other bodily injury of a passenger.
16. TIME LIMITATION ON CLAIMS AND ACTIONS
16.1 Notice of Claim
16.1.1 The acceptance of checked baggage by us without complaint by you, will be sufficient evidence that the checked baggage has been delivered to us in good condition and in accordance with these terms and conditions of carriage, unless you prove otherwise.
16.1.2 In the event of you wishing to file a claim or an action regarding damage to checked baggage, you must notify us immediately you discover the damage, but by no later than seven (7) days of receipt of the checked baggage. If you wish to file a claim or action regarding delay of checked baggage, you must notify us within a period of twenty one (21) days from the date the baggage has been placed at your disposal. Your notification must be made to us in writing.
16.2 Limitation of Actions
Your right to claim damages from us shall be extinguished if your action is not brought within a period of two (2) years from the date of your arrival at destination or the date on which the aircraft was scheduled to arrive, or the date on which the carriage ended. The method of calculating the period of limitation shall be determined by the law of the court where the action is instituted.
17. APPLICABLE LAW & JURIDICTION
17.1 Our carriage of both you and your baggage under these terms and conditions of carriage is subject to the law of the Kingdom of Lesotho and shall be interpreted according to the laws of the Kingdom of Lesotho.
17.2 When accepting a ticket issued by us or our duly authorised agents, you agree to these terms and conditions of carriage and you consent to the jurisdiction of the High Court of the Kingdom of Lesotho in respect of any action that may be taken against us.
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