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Conditions of carriage
1. Definitions
As you read these Conditions, please note that:
“We”, “our”, “ourselves” and “us” means Thomas Cook Airlines UK Limited.
“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 Place” 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 or by
another carrier, or by any person or entity with whom or
which we have entered into a charter agreement, to represent
us or it in the sale or air transportation on our services.
“Baggage” means your articles,
effects and other personal property necessary or appropriate
for wear, use, comfort or convenience in connection with
your trip. Unless otherwise specified, it includes 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.
“Checked Baggage” means Baggage of which we take custody and for which we have issued a Baggage Check.
“Conditions of Contract” means those statements and notices contained in, or delivered with, your Ticket, identified as such and which incorporate these Conditions of Carriage by reference.
“Convention” means whichever of the following instruments is or are applicable:
- 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);
- Guadalajara supplementary Convention (1961);
- The Montreal Convention (1999).
“Damage” includes death, wounding and bodily injury of a Passenger, and loss, partial loss, theft and other damage of Baggage arising out of or in connection with carriage or other services incidental thereto performed by us.
“Days” means 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.
“Flight Coupon” means that portion of the ticket that bears the notation "good for passage” and indicates the particular places between which you are entitled to be carried.
“Itinerary / Receipt” means the document or documents issued to Passengers travelling on Electronic Tickets containing the passenger 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” means that portion of the Ticket which is so marked and which ultimately is to be retained by you.
“SDR” means a Special Drawing Right as defined by the International Monetary Fund.
“Stopover” means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
“Tariff” means published fares, charges and / or related Conditions or Carriage filed with the Governments of Canada or the United States of America (if any).
“Ticket” means the document entitled "Passenger Ticket and Baggage Check" issued by the Ticket Issue, and includes the Conditions of Contract, notices and Coupons.
“Ticket Issuer” means any person or other entity with whom or which we have entered into a charter agreement, or its Authorised Agent, as the case may be, who issued the Ticket.
“Unchecked Baggage” means any of your Baggage other than Checked Baggage.
2. Applicability
2.1 General
These Conditions of Carriage apply to flights for which our name or Airline Designator Code is indicated in the carrier box of the Ticket, provided that Article 13 applies to our liability for Damage however it may arise.
2.2 Other Carrier’s Conditions
If we have arranged for another carrier to perform any carriage
on our behalf, and if there is any difference between our
Conditions of Carriage and those of the other carrier, the
latter will prevail to the extent necessary or desirable
for operational purposes. (Except that our liability will
continue to be governed by Article 13 of our Conditions
of Carriage).
2.3 Overriding Law
These Conditions of Carriage are applicable unless they
are inconsistent with 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.
2.4 Charter Agreement / Guide for Tour Operators
Carriage is also subject to the rules and regulations set out in the Charter Agreement and/or our Guide for Tour Operators (if any) in effect on the date of Ticket issuance (which deal with matters such as the carriage of passengers with special needs and special types of baggage). In the event of inconsistency between any of these and these Conditions of Carriage, the latter shall prevail.
3. Tickets
3.1 Requirement for Valid Ticket
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 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 the Ticket Issuer. Any enquiries about lost or incomplete Tickets should to the Ticket Issuer.
3.2 Validity
3.2.1 Except as otherwise provided in the Ticket, in these Conditions or in applicable Tariffs, a Ticket is good for carriage only from the airport of departure to the airport of destination for the flight and date shown on the Ticket.
3.2.2 If you fail to board the aircraft prior to departure for any flight for which the Ticket has been issued for any reason beyond our control, your ticket will be invalid and we shall be under no liability to you.
3.3 Coupon Sequence and Use
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.
3.4 Name and Address of Carrier
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the “Carrier” box in the Ticket.
3.5 Refunds
As we do not sell or issue tickets to you, we shall not be obliged to give refunds in any circumstances. Any enquiries about refunds should be addressed to the Ticket Issuer.
4 Taxes and Charges
Applicable taxes or charges imposed by government or other
authority, or by the operator of an airport, and in effect
on the date of travel, shall be payable by you.
5 Seating
We will endeavour to honour advance seating requests, but we cannot guarantee any particular seat, and you agree to accept any seat that may be allotted on the flight in the class of service for which the Ticket has been issued. We reserve the right to assign or reassign seats at any time.
6 Check-in / Boarding
6.1 You must have completed the check-in process sufficiently in advance of flight departure to permit completion of any Government formalities and departure procedures, and not later than any minimum time specified by us.
6.2 You must be present at the boarding gate not later than the time specified by us.
6.3 We may refuse to allow you to board if you have not checked-in in time, fail to arrive at the boarding gate in time or appear improperly documented as set out in Article 13.2.
6.4 We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
7 Refusal and limitation of carriage
7.1 Right to Refuse Carriage
In the 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 or if one or more of the following have occurred or 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 the safety, health, comfort or convenience 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 any applicable taxes 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 documentation 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 the Ticket Issuer, 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;
7.1.9 you have not used the coupons in sequence, or you present a Ticket, which has been issued or altered in any way, other than by the Ticket Issuer, or the Ticket or us is mutilated.
7.1.10 we are requested to do so by the Ticket Issuer;
7.1.11 you fail to observe our instructions with respect to safety or security;
7.1.12 you have previously committed one of the acts or omissions referred to above.
7.2 Special Assistance
Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of the disability and any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
8 Baggage
8.1 Free Baggage Allowance
You may carry an amount of baggage, free of charge, subject to our conditions and limitations, which are available on request from our Authorised Agents or us.
8.2 Excess Baggage
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance.
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 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, to or over;
8.3.1.3 items which are considered by us to be unsuitable for carriage by reason of their weight, size, shape or character, or which are fragile or perishable;
8.3.1.4 Animals, including birds and reptiles.
8.3.1.4 Firearms and ammunition other than
for hunting and sporting purposes are prohibited from carriage
as Baggage. We may, at our discretion, accept firearms and
ammunition for hunting and sporting purposes 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 Article 8.3.1.1.
8.3.2 We may, at our discretion, accept weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, but they will not be permitted in the cabin of the aircraft.
8.3.3 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.
8.3.4 If, despite being prohibited, any items referred to in Articles 8.3.1 to 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 Articles 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in Article 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 because of its size, shape, weight, contents or character, or for safety or operational reasons, or in the interests of the comfort and convenience of other passengers.
8.4.3 We may refuse to accept Baggage for carriage unless it is properly packed in suitable containers.
8.5 Right of Search
For reasons of safety and security, we may request that you permit a search, X-ray or other type of scan be made of your person and 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 Article 8.3.1 or any firearms, ammunition or weapons which have not been presented to us in accordance with Articles 8.3.2 or 8.3.3. If you are unwilling to comply with such a request we may refuse to carry you and your Baggage. In the event an X-ray or other scan causes damage to your or 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 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 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 on 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.
Only one piece of Cabin Baggage is acceptable per person.
Maximum size 43 x 28 x 23 cm (17 x 11 x 9ins) - one overnight
bag,
Briefcase, Ladies vanity/Cosmetic case
Or Other articles up to a
Maximum size of 45 x 35 x 20 cm (17 x 12 x 8ins) -one plastic
bag containing Duty Free Goods
Weight of Cabin Baggage is restricted to 5 kilos
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 Article 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 You are required to collect your Checked Baggage as soon as it is made available at time your destination or Stopover. Should you not collect it within a reasonable, 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.
9 Schedules, delays, cancellation of flights
9.1 We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. However, to do so, we may need to use a substitute aircraft and/or the services of another carrier. We may also be obliged to change the time of flights, often for reasons beyond our control and consequently times shown in the Ticket, timetables or elsewhere cannot be guaranteed.
9.2 Our policy on compensation and assistance in the event of delays and cancellations as from 17 February 2005 will be in accordance with EC Regulation 261/2004, as set out in a notice which we will provide to passengers affected and which will be available from us on request. Except as required by EC Regulation 261/2004, and subject to other applicable law, as we do not have any contract with you, and our contract is with the Ticket Issuer we shall not be liable to you in respect of any delayed or cancelled flights, and any such claims should be addressed to the Ticket Issuer.
10 Conduct on board aircraft
10.1 General
If in our opinion, you conduct yourself on board 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 necessary to prevent continuation of such conduct, including restraint and diverting the aircraft to the nearest available suitable airport. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft, and we may take proceedings against you for recovery of any costs, expenses and liabilities incurred as a result.
10.2 Electronic Devices
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including but not limited to cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
11 Arrangements for additional services
11.1 Subject to applicable law, if in addition to providing carriage by air, we also agree to make arrangements for the provision of additional services, we shall have no liability to you for such services except for negligence on our part in making such arrangements.
11.2 If we also provide surface transportation for you, other conditions may apply to such surface transportation. Such conditions are available from us on request.
12 Administrative formalities
12.1 General
12.1.1 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.
12.1.2 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
12.2 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.
12.3 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 denied entry will not be refunded by us.
12.4 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.
12.5 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.
12.6 Security Inspection
You shall submit to any security checks by Governments, airport officials, and other carriers or by us.
12.7 Personal Data
You recognise that personal data has been given to us for the purposes of making a reservation, obtaining ancillary services, developing and providing services, facilitating Immigration and entry procedures and making available such data to government agencies, in accordance with applicable law 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, Ticket Issuers, other carriers or the providers of the above-mentioned services.
13 Liability for damage
The liability of Thomas Cook Airlines UK and of each carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as follows:
13.1 Applicable rules
The rules applicable to our liability shall be as provided by:
- The Convention, to the extent it applies; and
- EC Regulation 2027/97 as amended by EC Regulation 889/2002 (when such amendment is effective); and
- to the extent not inconsistent with the above, applicable national law.
13.2 Death of or injury to passengers
13.2.1 There shall be no artificial limit to the amount of our liability for death, wounding or bodily injury suffered by a Passenger in the event of an accident on board the aircraft or in the course of embarking or disembarking.
13.2.2 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.
13.2.3 Above the level of 100,000 Special Drawing Rights we shall be entitled to the defences available under the Convention.
13.2.4 Notwithstanding the provisions of Article 13.2.2, 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.
13.2.5 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. Such payment shall be of an amount not less than the equivalent of 15,000 Special Drawing Rights (or 16,000 when EC Regulation 889/2002 has come into effect) per Passenger in the event of death.
13.2.6 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 13.2.4 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.
13.2.7 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
13.3 Baggage
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 Baggage shall be limited as provided by law. Such limit will be 1,000 Special Drawing Rights per Passenger (for both Checked Baggage and Unchecked Baggage) unless you make a special declaration and pay any requisite fee, provided that if in accordance with application law different limits of liability are applicable such different limits shall apply.
13.3.1 We will not be liable for any damage to Unchecked Baggage unless such damage is caused by our negligence.
13.3.2 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.
13.3.3 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, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
13.4 General
13.4.1 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.
13.4.2 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.
13.4.3 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.
13.4.4 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.
13.4.5 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.
14 Time limitation on claims and actions
14.1 Notice of Claims
14.1.1 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.
14.1.2 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 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.
14.2 Limitation of Actions
Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
15 Modification and waiver
None of our Authorised Agents, servants, employees or representatives
has authority to alter, modify or waive any provision of
these
