Conditions of Carriage Worldwide
Conditions of Carriage
Worldwide Airlines Tickets
WORLDWIDE AIR TRANSPORT
NOVA
AIRWAYS
& PARTNERS
GENERAL CONDITIONS OF
THE CONTRACT FOR THE CARRIAGE OF PASSENGERS AND BAGGAGE
Nova
Airways
is a carrier acting under the law and regulation of the Rep.of Sudan. The only
recognized law is the Sudanese one.
1. Definitions
2. Aim
3. Ticket
4. Fares
5. Seat Reservations
6. Schedules and connections, delays, diversions, substitutions, flight
cancellations, and passengers denied boarding
7. Compensation factors, reimbursement, alternative transportation and
assistance
8. Baggage
9. Check-in and administrative formalities
10. Right of the carrier to deny the carriage of passengers and carriage
restrictions
11. Conduct on board the aircraft
12. Limitation of liability
13. Protection of personal information
14. General Provisions
15. Applicable legislation
16. Jurisdiction
CONDITIONS OF THE COMPANY
Acceptance of passengers
Physically disabled passengers
Animals (AVI) on board or in the hold
Flight conditions
Permitted changes
The validity of tickets
Check-in
Boarding
Baggage
General conditions for group reservations
DEFINITIONS
“Ticket” is the localizer number or, as the case may be, the baggage
identification tag, issued by or in the name of the Air Carrier, which gives the
ticket holder the right to travel to the indicated destination under its terms
and conditions, as well as in these General Conditions.
“General Conditions” are these general contract conditions for the
carriage of passengers and baggage.
“Contract” is this contract for the carriage of passengers and baggage.
“Montreal Convention” is the Convention for the unification of certain
Rules Related to International Carriage, signed in Montreal on the 28th of May
1999
“Data” has the meaning attributed to it in Clause 13 of these General
Conditions.
“IATA” is the International Air Transport Association.
“ANL” is law 48/1960 from July 21st over Air Navigation.
“IOCA” is the International Organization of Civil Aviation.
“Regulation 261/2004” is Regulation (EC) 261/2004 of the European Parliament
and the Council, of February 11th, 2004, establishing common rules on
compensation and assistance to passengers in the event of denied boarding and of
cancellation or long delay of flights
“Regulation 2027/97 ” is the Regulation (EC) 2027/97 of the Council, of
October 9th 1997, on air carrier liability regarding carriage of the passengers
and their baggage, established as protocol by the Regulation (EC) 889/2002 of
the European Parliament and Council, on May 13th 2002.
“Carrier” mean Nova
Airways
and any partner carrier too.
“Domestic Flight” is the carriage between a departure and arrival
airport, as well as those of the intermediary connections, all in the carrier
national territory.
“International Flight” has the same meaning attributed to “International
Carriage” in the Montreal Convention.
«Regulation 2111/2005» means Regulation (EC) No. 2111/2005 of the
European Parliament and of the Council, of 14 December 2005, on the
establishment of a community list of air carriers subject to an operating ban
within the Community and on informing air transport passengers of the identity
of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC.
2. Aim
The aim of this Contract is to regulate the terms and conditions for which the
Carrier provides carriage for the passenger and baggage to the destination
specified on the ticket and, if required, to provide other services related to
the carriage. To these effects, the use of the Ticket will be used exclusively
for the Carrier’s flights from the departure airport to the arrival airport,
using, to the extent that it is possible, the routes and dates indicated
therein.
Without prejudice to the provisions in these General Conditions, all transport
and other services provided by the Carrier will be subject to (i) the
arrangements that appear in this Ticket; (ii) the applicable fares; (iii) the
related regulations which form part of this Contract (and, where appropriate,
may be consulted in the offices of the Carrier); and (iv) the current applicable
standard.
3. Ticket
The Ticket, together with the General Conditions, describes the terms and
conditions of this Contract. The General Conditions can be found at the disposal
of the public on the website of the Carrier, (www.marcopoloairways.eu), and a
copy can be obtained at the address indicated in Clause 1 and at the check-in
counters.
The ticket will only be valid for the passenger whose name appears therein and
for the flight shown, and it will be necessary that the flight correspond to the
one reserved and that the passenger presenting the Ticket be the person who
originally was listed as a passenger or the person specified in a change made
after the initial reservation was made, provided that said change had been made
in accordance with these General Conditions.
Payment in accordance with Clause 5.3 shall signify the acceptance of this
Contract.
4. Fares
4.1 General: The fare is only applicable from the departure airport to the
arrival airport. The Ticket fare does not include land transportation between
airports or between airports and city terminals, unless the Carrier expressly
offers it. The Ticket fare will be that set by the Carrier in any given moment.
4.2 Taxes and Charges: The Carrier may add to the fare of the ticket the
taxes and charges which are established by the competent authorities where and
when it is deemed appropriate and will be paid by the passenger. The carrier
will inform the passenger of the total amount of the taxes and charges upon
making the reservation. These taxes and charges are subject to modifications
beyond the Carrier’s control, and may be changed after making the reservation.
In the case that these taxes and charges are increased, the passenger is
obligated to pay the amount of the increase before beginning their flight. In
the case that the taxes and charges have decreased or have been lifted before
the Carrier has paid, the passenger, where appropriate, will have the right to
claim a refund of that amount.
4.3 Non-use of flight: Save as otherwise provided in these General
Conditions, the failure by a passenger to use a flight booked by him/her shall
not give rise to any obligation or liability on the part of the Carrier to
return or reimburse to the passenger the price of that flight or the charges,
booking fee, taxes or any other amount paid by the Passenger to the Carrier in
connection with that flight or to pay any compensation or indemnity except the
reimbursement of any Airport Tax or Security Tax to the extent that the
passenger requests reimbursement of the same.
4.4 Others: With the Visa carrier card the extra fees will not be charged.
In cases of payments with a debit card (Visa Electron o Mastercard) the
passenger will have to pay a 3.50€ surcharge for transaction and in cases of
payments with credit card, the surcharge will be 7.50€.
5. Seat Reservations
5.1 Reservation Requirements: The seat reservation for a flight is confirmed
when the Carrier issues a tracking number or the Ticket, with no further
confirmation required.
5.2 Changes in the reservation: The passenger will not have the right to
change the reservation once it is confirmed. Without infringing upon the
aforementioned, the identity of the passenger or the flight can be changed
(subject to seat availability), paying a surcharge per passenger, and, where
appropriate, the difference between the price of the original Ticket and its
corresponding taxes and charges, and the price of the new Ticket and its
corresponding taxes and charges. The surcharge for changing the identity of the
person on the reservation will be 30 euros. Changes to the reservation should be
made at least two (2) hours before the departure of the flight. The Ticket must
have the same person’s name on it for every leg. The name on the Ticket may not
be changed if any leg indicated therein has already been completed.
5.3 Payment: The price of the Flight Ticket as well as taxes, handling
fees and any other administrative charges relating to the booking shall be paid
in full at the time the reservation is confirmed. Should the aforementioned
payment be verified as outstanding, the Contract shall be deemed not to have
come into effect and the present Conditions shall not be applicable
5.4 Changes to Reservation or seat:
The passenger will be able to reserve a seat through the proper channels,
available at all times, designated by the Carrier. In order to do so, an extra
corresponding fee will apply.
Said reservation should be made in ways and under conditions accepted by the
Carrier, and in accordance to the following table, which is subject to periodic
updating by the Carrier:
• (i) Seats XL: 10 € per trip for flights within Spain (origin or destination),
and 13 € for flights outside of Spain (origin or destination);
• (ii) Seats Optimum: aisles 4 to 11, both included; 4 € per trip for flights
within Europe (origin or destination), and 5 € for flights outside of Spain
(origin or destination);
• (iii) Seats Basic: aisles 14 to 30, both included, 2 € per trip for flights
within Europe (origin or destination), and 3 € for flights outside of Spain
(origin or destination).
In the case that the passenger has chosen not to reserve a seat, the Carrier
will assign one to him/her based on availability, and without charging any
additional fee to the passenger.
If the passenger wishes to change a seat that has already been reserved, the
Carrier will assign one to him/her based on availability, but under no
circumstances will the extra fee be reimbursed.
6. Schedules and connections, delays, diversions, substitutions, flight
cancellations, and passengers denied boarding
6.1 Schedules and connections: At any moment after making a seat reservation
the Carrier may change the schedule and/or cancel, consider finished, divert,
postpone or delay any flight if the Carrier decides to do so with just cause or
for security reasons and in such cases Clauses 6.2 through 6.6 shall apply.
Carrier does not make connecting flights. In case you buy two tickets with the
intention of connect flights, we advise you to have into account that there must
be a 120 minutes difference between landing and departure. At the same time, as
we do not make connected flights, please notice you will have to book-in at
carrier desks for each flight. Remember we offer a Check-in on line service
which may help you save time.
6.2 Delays: If the Carrier foresees a flight delay in regards to its
departure time: (I) equal to or greater than two hours, in the case of flights
up to 1500 km, (II) equal to or greater than three hours, in the case of all
intra-community flights of more than 1500 km and all the other flights between
1500 and 3500 km, (III) equal to or greater than four hours, in the case of all
flights not included in the aforementioned sections, it shall offer the
passengers the assistance specified in (a) Clauses 7.3 (i), 7.3 (iv), and 7.3
(V), (b) Clauses 7.3 (II) and (III) when the foreseen departure time is at least
the day after the previously announced departure time, and (c) Clause 7.2 (I)
when the delay is equal to or greater than five hours.
6.3 Diversions: In the case that it is necessary to divert the flight,
the Carrier will be responsible for ensuring that the passenger arrives at the
place of connection or original destination point.
6.4 Substitution of flights: In the case that it is deemed necessary, the
Carrier is empowered to make substitutions with other carriers, use airplanes
different from those originally planned for the flight and modify or cancel
connections as planned and indicated on the Ticket.
In any event, in accordance with the contents of Art. 11.6 of Regulation
2111/2005, the air transport carrier shall inform the passenger, at the time the
booking is made, of the identity of the air carrier or carriers operating the
flight.
6.5 Cancellation of Flights: In the case that a flight is cancelled, the
Carrier will offer the passengers the assistance mentioned in Clauses 7.2, 7.3
(I), 7.3 (IV), and 7.3 (V), and, in the case that alternative transport is
offered when the foreseen departure of the new flight is at least on the day
after the programmed departure of the cancelled flight, the assistance of
Clauses 7.3 (II) and 7.3 (III). When passengers are informed of a flight
cancellation, the Carrier will provide information related to possible
alternative means of transport. Likewise, the passengers will have the right to
compensation under Clause 7.1.
The Carrier will not be obliged to pay any compensation to the passenger in
accordance with Clause 7.1 when the cause of the cancellation was due to adverse
meteorological conditions, war, acts of terrorism, unforeseeable circumstances,
altercations, protests and any other situation regarding public demonstrations,
technical problems that affect the aircraft, delays and air traffic control
problems, fires, flooding, terrestrial movements, earthquakes, natural
disasters, epidemics, and other restrictions provoked by a declaration of
quarantine, acts of a competent authority, strikes and other labour-related
situations, failures by any supplier or subcontractor or any other extraordinary
circumstance that could not be avoided even if reasonable measures had been
taken.
Likewise, the Carrier is not obligated to pay compensations outlined in Clause
7.1 when it has informed passengers of a flight cancellation (I) at least two
weeks in advance of the scheduled time of departure, (II) between two weeks and
seven days prior to the scheduled time of departure and offers an alternative
means of transport which allows for passengers to leave no more than two hours
earlier than the scheduled time and arrive to their final destination with less
than a four hour delay with respect to the scheduled time of arrival, or (III)
less than seven days notice prior to the estimated time of departure and offers
another flight which allows passengers to leave with no more than an hour early
with respect to the scheduled time of departure and arrive to their final
destination with less than a two hour delay with respect to the scheduled time
of arrival
6.6 Passengers denied boarding: In the case that a flight has excess
reservations, the Carrier will ask for volunteers to renounce their reservation
in exchange for benefits to be agreed between the parties. In any case, the
passengers denied boarding against their will have the right, dependant upon the
case, to the compensation outlined in Clause 7.1 and will be given the necessary
assistance measures specified in Clauses 7.2 and 7.3.
6.7 Others: Assistance measures seen in Clauses 6.2, 6.5, and 6.6 will
not be applicable to passengers travelling free of charge or with a ticket at a
reduced price that is not directly or indirectly available to the public.
7. Compensation factors, reimbursement, alternative transportation and
assistance
7.1 Compensation Factors: Except for events arising as a consequence of
adverse meteorological conditions, war, acts of terrorism, unforeseeable
circumstances, altercations, protests and any other situation regarding public
demonstrations, technical problems that affect the aircraft, delays and air
traffic control problems, fires, flooding, terrestrial movements, earthquakes,
natural disasters, epidemics, and other restrictions provoked by a declaration
of quarantine, acts derived from a competent authority, strikes and other labour-related
situations, failures by any supplier or subcontractor or any other extraordinary
circumstance that could not be avoided even if reasonable measures had been
taken, passengers have the right to the following compensation in accordance
with Clauses 6.5 and 6.6: (i) 250 euros for flights up to 1500 km, (ii) 400
euros for all intra-community flights more than 1500 km and for all other
flights, between 1500 and 3500 km, and (iii) 600 euros for all flights not
included in (i) – (ii) inclusive.
The Carrier can reduce the indicated compensation by 50% if, in accordance with
Clause 7.2, it offers the passengers the possibility of arriving at their final
destination using alternative transportation with a difference in arrival time
compared to the scheduled time for the initial flight reserved: (i) not to
exceed two hours, for all flights up to 1500 km, (ii) not to exceed three hours,
for all intra-community flights of more than 1500 km and for all other flights
between 1500 and 3500 km, or (iii) not to exceed four hours for all other
flights not included in sections (i) – (ii) inclusive.
7.2. Means of Reimbursement and alternative transportation: The Carrier,
in accordance with Clauses 6.2, 6.5, and 6.6 will offer the passengers the
following options:
(i) Reimbursement within seven days of the total cost of the Ticket at the price
at which it was purchased, corresponding to the part or parts of the flight not
taken and to the part or parts of the flight taken, if the flight no longer has
anything to do with the initial flight plans of the passenger. Likewise, in that
case, a return flight to the first departure point will be offered as soon as
possible;
(ii) transport to the final destination with comparable transport conditions, as
quickly as possible; or
(iii) Transport to the final destination, with comparable transport conditions,
on a later convenient date for the passenger, subject to seat availability.
In the case of cities or regions in which various airports are located, the
Carrier, if it offers a flight to a different airport from the one for which the
original reservation was made, will bear the cost of transporting the passenger
to the airport for which the original reservation was made, or to another
close-by location agreed upon with the passenger.
7.3 Means of assistance: The Carrier, in accordance with Clauses 6.2,
6.5, and 6.6, will offer passengers the following forms of assistance: (i) food
and sufficient refreshments, relative to the necessary wait time, (ii) lodging
in a hotel when it is necessary to stay one or more nights, (iii) transportation
between the airport and the place of lodging, in the case that the assistance
referred to in section (ii) of this Clause is required, (iv) two telephone
calls, telex fax messages or e-mails, and (v) a notice setting out the
compensation and assistance to which the passenger is entitled and the contact
information for the national body responsible for enforcing Regulation 261/2004.
7.4 Taxes and fees: In the case provided for in Clause 7.2, the passenger
will have the right to claim reimbursement for the relevant taxes and fees,
where appropriate.
7.5 Refund requests: Refunds will only be made after the Ticket or any
other documentation that the Carrier may have provided relating to the carriage
is submitted the Carrier.
7.6 Others: The provisions of Clause 7.2 (i) will also be applicable to
passengers whose flights are part of a combined trip except the right of refund,
when and where appropriate.
8. Baggage
8.1 General: The carrier will assume responsibility for the passenger’s
baggage from the moment it is submitted for check-in. The Carrier will provide
the passenger a baggage receipt that will serve as proof that the baggage had
been checked in.
8.2 Baggage restrictions: The following are prohibited from being
transported as baggage:
(i) Articles or objects that, in the opinion of the Carrier, are not properly
wrapped or packaged.
(ii) Articles or objects that, in the opinion of the Carrier, put the aircraft,
the flight crew or other passengers in danger. In this sense, those goods or
objects defined by the rules of the IOCA or IATA will be considered dangerous.
(iii) Articles or objects whose transport is prohibited by the laws of the
country of departure, arrival or connection.
(iv) Articles or objects that, judged by the Carrier, are not suitable to be
transported due to their weight, configuration or size.
(v) Fragile or perishable articles or objects, valuable furniture, collections
of samples, cameras, videogames, jewellery or valuable objects, cash or
negotiable papers, precious stones and metals, computers, electronic devices and
forms of identification (passport, DNI – National Identity Document).
(vi) Firearms and ammunition, except for those used in hunting and for sport,
which can be transported in checked baggage as long as they are unloaded, with
the safety on, and properly wrapped and the passenger displays proper
permission. The transport of ammunition is subject to the IOCA and IATA
regulations concerning dangerous articles.
(vii) Any type or size of blade. The Carrier reserves the right to check in
antique blades (swords, knives and daggers) as baggage.
(viii) Live animals, except those expressly mentioned in Clause 8.8.
(ix) Mortal remains.
8.3 Right of the Carrier to deny baggage: The Carrier reserves the right
of transport, and, in the case that upon discovery after inspection of the
baggage and after beginning the flight, may deny transportation of any object or
article mentioned in Clause
8.2.
8.4 Right of the Carrier to inspect the baggage: For security reasons, the
Carrier may search and/or inspect all or part of the passenger’s baggage at any
moment from the time it is checked in, with the appropriate technical devices
(including x-rays). By accepting these General Conditions, the passenger
expressly and amply gives consent to the Carrier to carry out these search
and/or inspection tasks as many times as may be necessary. The Carrier will not
be responsible for damage caused to the baggage or the passenger as a result of
these search and/or inspection tasks, unless there is negligence by the Carrier.
The carrier will have the power to discontinue this Contract without incurring
any responsibility in the case that the passenger refuses examination and/or
inspection of their baggage.
8.5 Baggage weight per passenger: Each passenger can transport in the
hold (according to luggage allowance) up to a maximum of 20kg of luggage, for
which they must pay the corresponding fee (€8, 5 per flight and suitcase when
this service is contracted through our website and €17 per flight and suitcase
when it is contracted in the airport). The passenger must pay €8 per kg of
luggage that exceeds the 20kg limit mentioned above. The carrier reserves the
right to increase, reduce or annul these amounts at any time. The carrier may
refuse to transport the totality or a part of the luggage that exceeds the
weight stipulated in clause 8.5, or which has not been previously paid for.
The impossibility of transporting luggage due to causes beyond the carrier’s
control will not generate any obligation whatsoever to return or refund the fee
charged.
8.6 Carry-on baggage: Passengers may carry with them onboard the aircraft
– at no additional cost – one piece of luggage with a maximum weight of 10kg,
the dimensions of which must not exceed 55x40x20cm (see Luggage section).
In the event of non-observance by the Passenger of the Carriage Conditions cited
in Condition 8.5 regarding payment or in Condition 8.6 regarding amount, weight
and dimensions of cabin luggage free of charge, the Carrier may decide to:
i) Refuse to transport the totality or a part of the luggage that exceeds the
amount, weight and/or measurements stipulated in clause 8.6, or which has not
been previously paid for.
ii) Charge the passenger the corresponding fee (€15 per flight and luggage item)
and send luggage to the hold, whenever possible.
iii) Refuse to transport the passengers that do not follow the Carrier’s
instructions regarding hand luggage.
For that purpose, the Passenger accepts and authorises the Carrier to charge the
Passenger (after the flight in question) the amount pending via the same payment
method used by the Passenger when making the booking.
Non-transportation of luggage and/or the Passenger due to causes beyond the
Carrier’s control will not create any obligation whatsoever to refund the amount
charged or any compensation for prohibiting boarding.
Additionally, passengers can take on board a woman’s handbag or small briefcase,
a coat, a cloak or travel blanket, an umbrella or cane, a pair of crutches, a
small photographic camera or binoculars.
These conditions are subject to space availability.
Passengers must always follow the instructions of the Carrier regarding the
unchecked baggage carried in the aircraft cabin.
8.7 Checked baggage collection and delivery: The passenger may pick up
their baggage from the moment the Carrier places it at their disposition at the
points that are used for this purpose in the destination airport or in the
airports of connecting flights. Removal of the baggage without protest by the
holder of the baggage receipt (opening of the P.I.R. in the corresponding
display) will mean renunciation of any complaint that may be made against the
Carrier for any damage that the baggage may have incurred. In the case that
baggage is not picked up by the passenger within 7 days after making it
available, the Carrier may charge the amount of 10 euros per day for storage. If
the passenger does not pick up the baggage within a period of three (3) months
from the time that it is made available, the Carrier may dispose of this baggage
as it sees fit disclaiming any responsibility for carrying this out.
In the case that a passenger claims a piece of baggage and does not present the
corresponding baggage receipt, said piece of baggage will be turned over if it
can be proven to the satisfaction of the Carrier that the passenger has the
right to receive it.
8.8 Animals: Without infringing on that which is stated in Clause 8.2
(viii) of these General Conditions, a passenger with physical disabilities may
transport guide dogs as well as their food at no additional charge for excess
baggage (previously having consulted carrier Ticket Sales Offices regarding the
value). The passenger with the disability will assume all responsibility for any
damages that may arise, to other passengers or to the aircraft, due to the
animals referred to in Clause 8.8.
9. Check-in and administrative formalities
9.1 Check-in Deadline: The passenger must arrive at the airport with
sufficient time relative to the departure time of their flight to be able to
carry out all the governmental formalities and, when applicable, to check in
baggage.
Check-in desks will close 40 minutes before departure; no passenger arriving any
later will be permitted on the flight. The passenger is responsible for
complying with the Registration Time Limit applicable for the corresponding
Ticket.
The Carrier reserves the right to deny boarding to a passenger once the
corresponding Check-in Deadline has been exceeded, in which case the Carrier
will not be liable for any damage that the passenger may suffer as a result of
non-acceptance for boarding the flight.
Once the established Check-in deadline has passed, the Carrier may give the
seats corresponding to passengers with reservations that have not been
identified in the corresponding check-in counter or in any other office that the
Carrier may indicate before the Check-in Deadline to stand-by passengers who may
be on the waiting list.
9.2 Check-in: In order to check-in baggage, the passenger must present
the ticket or corresponding tracking numbers and current national identification
documents or passports that allow proper identification. The Carrier reserves
the right to identify the passenger by other means if it deems the documentation
to be insufficient or doubts arise about the identification or the validity of
this documentation.
9.3 Boarding: Boarding will start 30 min before departure time.
The departure gate closes 10 min. prior to departure. The Carrier reserves the
right to cancel seat assignment and reservation of passengers who have not
boarded at least 10 min before scheduled departure time. Passengers arriving any
later will not be eligible for flight and denied boarding compensation.
9.4 Compliance with regulations: The passenger is solely responsible for
complying with all of the laws, regulations, rules, demands and requirements of
the countries to or from which the passenger is travelling, flying over or
having layovers. The passenger will further be responsible for complying with
these General Conditions and other rules that may be applicable at any time and
those that the Carrier may inform them of at any time. The Carrier will not be
responsible for the passenger’s baggage or lack of visas, permits and, in
general, any documents that may be necessary for compliance with said laws,
regulations, rules, demands and requirements.
9.5 Travel documents: When so required, the passenger will be responsible
for obtaining, carrying and presenting all entry and departure documentation
required by the countries of departure, arrival and those countries being flown
over, as well as medical or any other documents that may be required in said
countries. The Carrier reserves the right to deny carriage to any passenger that
has not complied with said applicable laws, regulations, rules, demands and
requirements, or whose documents, in the opinion of the Carrier, do not comply
with these.
9.6 Denial of entry into a country: In the case that, for any reason, a
public authority of any of the countries from or through which the
transportation takes place denies the entry of the passenger into said country,
including in transit, the passenger will pay the price for transportation to
return to the original airport or to any other airport. The Carrier will not be
obliged to reimburse the passenger for the part of the price of the Ticket
corresponding to the routes the passenger had not completed and will not be held
responsible for the passenger’s baggage.
9.7 Passenger responsibility: In the case that the Carrier has to pay any
fine or sanction or incur any expense due to the passenger’s baggage (customs,
police, etc.) or the passenger’s non-compliance with any law, regulation, rule,
demand or other travel requirement of the country of origin, country of
destination or country over which the passenger travels, the passenger will
reimburse, when requested by the Carrier, the amount paid by the Carrier, or the
expense they have incurred or will have to incur.
9.8 Security Inspections: The passenger accepts any security controls or
requirements carried out by government, airport or Carrier employees or by third
parties that the Carrier may have hired for these effects.
10. Right of the carrier to deny the carriage of passengers and carriage
restrictions
10.1 Right of the carrier to deny the carriage of passengers: The Carrier
reserves the right to deny at any moment carriage to passengers who have valid
Tickets or their baggage if in the opinion of the Carrier:
(i) It is necessary or advisable for security reasons;
(ii) It is necessary or advisable in order to comply with the applicable laws
and rules in a country of origin, destination or flight connection;
(iii) It is necessary or advisable due to the conduct, state, age, mental or
physical condition of the passenger;
(iv) It is necessary or advisable to avoid injury, discomfort or inconveniences
to other passengers or the flight crew;
(v) It is necessary or advisable because the passenger has previously been
non-compliant or may be non-compliant with the rules of the Carrier;
(vi) The passenger has presented to the Carrier a document (a) presumably
obtained illegally; (b) has been reported as stolen or missing, or (c) is
presumably false or contains modifications or alterations of any type not
performed by the Carrier. In these cases, the Carrier reserves the right to
withhold those documents;
(vii) The person at the Carrier check-in desk is not the same as that on the
Ticket. In this case, the Carrier reserves the right to withhold the Ticket.
10.2 Carriage Restrictions:
(i) The Carrier accepts to carry pregnant women up until their 27th week of
pregnancy (included), without requiring a medical certificate. When the flight
takes place between the 28th and the 35th (inclusive) week of pregnancy, a
medical certificate confirming the number of weeks of gestation and that the
passenger is in condition to fly will be necessary. The Carrier reserves the
right not to admit as passengers pregnant women who have completed their 36th
week of pregnancy or will complete their 36th week of pregnancy during the
carriage.
(ii) The Carrier will not accept passengers under the age of 14 who are not
accompanied by a passenger older than 16 years of age who must be a relative,
assuming complete responsibility for the minor. The accompanying passenger
should be included on the same reservation.
(iii) The Carrier will not accept passengers suffering from or may be suffering
from serious infectious diseases, such as serious respiratory infections,
tuberculosis or pneumonia.
11. Conduct on board the aircraft
If, in the opinion of the Carrier, the conduct of the passenger on board the
aircraft may put at risk the aircraft, any person or belongings on board the
aircraft, or if the passenger is an obstacle to the functioning of the flight
crew, or if the passenger does not heed instructions given by the flight crew or
threatens, abuses or insults, at any moment, the flight crew, or if the
passenger behaves noisily or in any way which could be considered offensive
towards the other passengers, the Carrier may take the steps it considers
necessary to stop such behaviour from continuing, including moderate physical
coercion and disembarkation of the aircraft.
If, as a consequence of the passenger’s conduct on the aircraft, the Carrier
decides, at its reasonable discretion, to divert the aircraft in order to
disembark the passenger, the passenger will pay the Carrier any and all costs of
any kind incurred as a result of having diverted the aircraft.
Unless there is express previous permission from the Carrier, the use of any
electronic equipment or similar devices is prohibited for security reasons,
except for hearing aids and pacemakers. The equipment and devices prohibited for
use are, but not limited to, radios and portable recorders, cellular and mobile
phones, laptop computers, audio recorders, compact discs, DVDs and/or MP3,
electronic games and transmitting devices (including remote controlled toys and
portable transmitter-receivers).
You may only consume alcohol beverages purchased onboard.
12. Limitation of liability
12.1 Limitation of liability in case of an accident: The Carrier’s liability
in case of an accident is that which is established by the Montreal Convention
and EU Regulation (EC) No. 2027/97.
The Carrier will be responsible for the harm caused in case of death or bodily
injury of a passenger only for the sole reason that the accident that causes the
death or injury occurred on board the aircraft or during any of the boarding or
unloading operations. In reference to the injury stated in the last paragraph,
which doesn’t exceed 100,000 SDRs special travel rights per passenger, the
Carrier cannot exclude or limit its liability.
The Carrier will not be held responsible for injury previously stated that
exceeds 100,000 SDRs, special travel rights per passenger, if it is shown that:
(i) The injury was not due to the negligence or other act or improper neglect by
the Carrier or their employees or agents; or
(ii) The injury was due only to the negligence or other act or improper neglect
by a third party.
12.2 Limitation of liability for baggage: The liability of the Carrier in
case of destruction, loss or damage in the baggage to be applied is that
established in the Montreal Convention and EU Regulation (EC) No. 2027/97.
The Carrier will be liable for the damage caused in the case of destruction,
loss or damage to baggage, only when the cause of the destruction, loss or
damage occurred on board the aircraft or during any period of time in which the
checked baggage is under the care of the Carrier. Nevertheless, the Carrier will
not be held liable when the damage is due to the nature of, a defect, or a
personal problem with the baggage.
In the carriage of baggage, the Carrier’s liability in the case of destruction,
loss or damage will be limited to the laws set forth by the Montreal Convention
and EU Regulation (EC) No. 2027/97 unless the passenger has made a special
declaration to the Carrier, when checking in the baggage, stating the value and
has paid an extra fee if necessary. In this case, the Carrier is obligated to
pay an amount that does not exceed the amount of the declared amount.
12.3 Limitation of liability for delay: The Carrier’s liability in the
case of the delays is that established in the Montreal Convention and EU
Regulation (EC) No. 2027/97. Nevertheless, the Carrier will have no liability
for damages for delay if the Carrier, its employees and agents did everything
reasonably necessary to avoid such delay or damages or if it was impossible for
the Carrier to take such measures. The Carrier’s liability for damages resulting
from a delay is limited to 4,150 SRDs.
The company will not be held responsible for damages incurred to baggage, such
as missing wheels and scratches; they will be considered “WEAR and TEAR”.
12.4 Exoneration: If the Carrier proves that negligence, or other
improper action or neglect by the person that requests the indemnity, or person
in whose name the request is filed, caused or contributed to the damage, the
Carrier will be exonerated, completely or partially, of its liability if it is
proven that the passenger caused or contributed to the negligence, or other
improper action or neglect. When the claimant is not a passenger, due to the
death or injury of the passenger, the Carrier is equally exonerated of
liability, fully or partially, if it is proven that the passenger caused or
contributed to the negligence, or other improper action or neglect.
12.5 Deadlines for making claims: The actions against the Carrier for
damage to baggage are in the laws set forth by the Montreal Convention and EU
Regulation (EC) No. 2027/97. Removal of the baggage without protest by the
holder of the baggage receipt (opening of the P.I.R. in the corresponding
display) will mean renunciation of any complaint that may be made against the
Carrier for any damage that the baggage may have incurred.
12.5 General:
(i) Any exclusion or limitation of liability of the Carrier will benefit its
agents, employees and representatives and any person whose aircraft is used by
the carrier for the carriage and their agents, employees and representatives.
(ii) Without infringing on all of the above:
(a) The Carrier will only be responsible for the damage caused by its flights. A
Carrier that issues a ticket or checks baggage for the flights of another
Carrier, does so only as an agent of the other Carrier, without infringing on
that established by the Montreal Convention and EU Regulation (EC) No. 2027/97.
(b) The Carrier will not be liable for the damage to unchecked baggage unless
the damage is a result of negligence by the Carrier (and if it would have been
checked in as hand luggage). If there is concurrent liability with the
passenger, the Carrier’s liability will be subject to the applicable laws
regarding concurrent liability.
(c) The Carrier will not be liable for damage derived from complying with the
rules, orders or requirements of a government, or the damage that arises if the
passenger does not comply with the rules, orders or requirements of a
government.
(d) The Carrier’s liability will not exceed the amount of the proven damage.
(e) The Carrier will not be responsible for the injuries caused to a passenger
by the belongings that they have in their baggage unless the injury is due to
the negligence or fault of the Carrier. When the belongings of a passenger
injure another person or damage the belongings of another person or the Carrier
(and there is no fault or negligence on the part of the Carrier) that passenger
will reimburse the Carrier for any claims that are presented for the losses or
costs that the Carrier incurs as a result of these injuries.
(f) The Carrier will not be responsible for damage caused to articles that
should not be carried in checked baggage (with or without the knowledge that the
baggage contained those articles).
(g) If the Carrier carries a passenger who, due to their age or physical or
mental state could be at risk, the Carrier will not be responsible in any way
for any illness, injury or handicap, including death, that can be attributed to
their state, nor due to the aggravation of their state resulting from the normal
consequences of air carriage.
(h) Unless expressly stated to the contrary, none of the stipulations of these
General Conditions constitute renouncing any of the exclusions or limits of the
liability of the Carrier by virtue of Regulations 2027/97, 261/2004 and
applicable laws.
Below is a notice that summarizes the regulations governing responsibilities
applied by European Community airlines in accordance with Community legislation
and the Montreal Agreement
13. Protection of personal information
In compliance with Parliamentary Law 15/1999 of December 13th, Protection of
Personal Data, we inform you that the data communicated to the Carrier through
this contract (hereinafter “Data”) will be stored in a file belonging to the
Carrier in order to:
(i) reserve a seat to allow the Carrier to confirm that reservation;
(ii) provide and develop related services related to direct marketing;
(iii) facilitate the immigration and entry process;
(iv) comply with the Carrier’s requirements relating to accounting, billing and
auditing;
(v) verify credit cards and other types of cards for payment;
(vi) comply with the Carrier’s requirements relating to security, administration
and legal purposes; and
(vii) verify, maintain and develop systems and statistical analyses.
Upon acceptance of these General Conditions the passenger expressly authorizes
the Carrier to
i) incorporate their personal data into a database and to provide it to the
Carrier’s offices, authorized agents, governmental agents, other transporters or
third parties providing the services relating to air transport and data
processing and/or hosting, even when to do so, an international transfer must be
made to the United Kingdom, specifically to the company BT Global, or to the
United States, specifically to the company Novitiate Inc.
ii) send the passenger —including via electronic means— information and
publicity on the Carrier’s products, services, promotions and other information,
considered of interest to the passenger.
iii) send the passenger —including via electronic means— information and
publicity on products and services in other activity sectors related to the
Carrier’s own products and services, in particular regarding the following
sectors: finance, insurance, vehicle hire and sale, hotels, travel agencies,
tour operators, restaurants, tourism, sports and entertainment related to air
transport.
The present authorization to cede the data indicated in the preceding paragraph,
is for the sole purpose that the companies in the aforesaid sectors can take
advantage of the Carrier’s databases to send their own promotional material.
Under no circumstances will such personal data be delivered or provided to any
other company, and will always remain fully under the Carrier’s control.
Persons who have provided their data can exercise their rights to access,
rectify, oppose or cancel such data by writing to the Carrier’s address, which
appears in Term 1.
14. General Provisions
The Carrier’s name may appear abbreviated on the Ticket, provided that the
complete name and its abbreviation appear in the manual, carriage conditions,
regulations and schedules of the Carrier; The Carrier’s address which appears in
Clause 1 in these General Conditions; the agreed upon connecting points that
appear in the Ticket or that appear in the schedule of the Carrier as those
anticipated in the passengers itinerary.
No agent, employee or representative of the Carrier has authority to alter,
modify or renounce any of the provisions of this contract.
15. Applicable legislation
These General Conditions will be governed by carrier country laws. Without
infringing upon that which is established in these General Conditions, and in
any legislation that is applicable, everything not covered in Regulations
2027/97 and 261/2004, will be applied to Domestic Flights, the provisions of the
LAN, and International Flights and the provisions of the Montreal Convention.
16. Jurisdiction
In case of dispute with a customer residing in Non EU territory, such
dispute shall be subject to Sudanese Courts in the terms set forth by the
applicable Sudanese legislation. In turn, further to Articles 23(1) and 23(2),
in combination with Article 15(3), all of them of Council Regulation (EC)
44/2001, of 22 December 2000, on Jurisdiction, in case of litigation with
customers residing in a EU Member State other than other countries, the parties
expressly agree, by waiving the jurisdiction which could be of application to
them, that the international jurisdiction to know of any disputes arising from
the present general conditions of carriage shall be that of the Sudanese Courts
and, in particular, that of the Courts of the city of Khartoum – State of
Khartoum/Sudan.
CONDITIONS OF THE COMPANY
Acceptance of passengers:
Babies: We recommend you do not travel with babies under two weeks (14 days).
Babies under two years will pay 12€ if they do not occupy a seat. If they do so,
the seat will be worth the same as any other. Only one baby per adult. Babies
cannot bring their own baggage.
Children: from 2 to 14 years old. They pay the same fare as an adult.
Unaccompanied youth: Not accepted. Minimum age for traveling alone is 14 years
old. If there is more than one minor traveling alone, one of them must be over
16 years old. Passengers waiting at the check–in line asked to be responsible
for the youth “at the last minute” are not accepted. The minor and companion
should be included in the same reservation.
Groups of minors: Should give notification 1 day before the flight. They should
be accompanied by one adult chaperone for every 23 children (24-35: 2
chaperones, 36-47: 3 chaperones)
Women who are expecting: Carrier will allow women who are pregnant to fly up to
their 27th week (inclusive) of pregnancy with no medical restrictions. Women
between the 28th and 35th week of pregnancy must provide medical documentation
(will only be valid if issued during the 7 days prior to the flight) stating the
patient is authorized to fly. We do not accept pregnant women aboard from the
36th week of gestation inclusive.
Disabled passengers: Carrier helps those passengers who need assistance.
Transporting passengers with reduced mobility (PRM) requires a prior reservation
at our CarrierReservation Centre.
For safety reasons, disabled passengers or passengers with reduced mobility have
certain seats assigned, which are always window seats.
Passengers with casts: A minimum of 24 hours of rest with the cast before
flying. They will need three (3) seats if it is a full leg cast and two (2) if
it is just on the calf.
Obese passengers: If you require double space in order to sit comfortably,
please contact Carrier Reservation Center .
Blind passengers or passengers with impaired vision: We recommend that any
companion of a blind or sight-impaired passenger is at least twelve years old.
Physically disabled passengers:
The maximum amount of special needs passengers allowed in an airplane is of
two passengers without companion. The number of passengers with special needs
with companion cannot exceed the 10% of the maximum capacity of the airplane,
however it is specified in the documents related to your airworthiness or
airworthy certificate, up to 12 special needs passengers and their companion.
Animals (AVI) on board or in the hold:
Guide dogs will be accepted on board.
The following requirements for the animal should be complied with if travelling
within any country of the European Union:
- Must be identified by a tattoo or a microchip
- Must have a passport issued by a veterinarian, which certifies vaccination for
rabies (more than 30 days and less than a 12 months).
- Must be at least 3 months of age (age required for vaccination)
It is recommended to contact his/her veterinarian for more information.
It is passenger's responsibility to comply with all requirements to enter the
country.
Flight conditions:
All the flights operated by the Company are "point to point". Payment must be
made in full at the time of booking and places or seating on flights shall not
be reserved until it has been received. Tickets are non-refundable.
MEDICAL CERTIFICATES
1.- Medical certificates shall ONLY be accepted in the case of OPERATIONS or
BEREAVEMENT.
2.- Only OFFICIAL MEDICAL CERTIFICATES shall be accepted and without exception.
3.- A period of 7 days is observed by the end of which the Company must have
received certificates. The date upon which the circumstance occurs will also be
considered one of these days.
Requests presented following the transpiration of this period will not be taken
into consideration. In all cases, notification of a request must be made by
telephone prior to the departure of the flight in question.
4.- The Company reserves the right to refuse the documentation submitted.
Acceptance or refusal shall be clarified following an evaluation of that with
which it is presented.
5.- Where BEREAVEMENT is concerned:
a) The reimbursement of a ticket or request to change a flight to a later date
may only be solicited in this circumstance.
b) Should the deceased in question be a person other than the passenger,
consideration shall only be granted where the individual soliciting the
reimbursement of tickets or change to flights is deemed to be immediate family
as envisaged by Sudanese civil law.
c) Where a flight is to be changed on the grounds of bereavement and where the
relationship regarding the passenger, who may or not be the deceased, is that of
one between immediate members of family, the dates of the bookings affected by
the circumstance shall be altered without charge. However, should the fares of
the new flights designated be higher than those of the ones originally booked,
then the difference is to be paid
d) The ticket holder has a period of no more than 6 months, commencing from the
date they purchase their ticket, to make the designated journeys i.e. the ticket
holder must fly before the 6 months following the purchase of the ticket
transpire. This condition only applies in cases where a change to the booking
has been requested.
6.- In the event of an OPERATION:
a) The Company will only change the dates of the flights. Refunds shall not be
issued in any circumstances.
b) Should it not be the passenger who is to undergo the operation, consideration
shall only be granted if the person soliciting the changes to their booking is
deemed to be a member of immediate family as envisaged by Sudanese civil law.
c) Where a flight is to be changed and the relationship between the passenger
and the person who is to undergo the operation is that of one between immediate
members of family, the dates of the journeys affected by the circumstance shall
be altered without charge. However, should a higher fare total be applicable to
the new flights designated than that of the original booking be higher, then the
difference is to be paid.
d) The ticket holder has a period of no more than 6 months, commencing from
their ticket's date of purchase, to make the designated journeys i.e. the ticket
holder must fly before the 6 months following the purchase of the ticket
transpire. This condition only applies in cases where a change to the booking
has been requested.
Permitted changes
Flight changes and amendments to the names on tickets may be made on the
condition that they are requested no later than 2 hours prior to departure.
A charge of €30 shall be applied per passenger to each of the flights changed
whilst one of €30 shall be made for changing the name on the ticket.
Should a higher fare total be applicable at the time of the changes than at the
time of the original booking, then the difference will also be added to the
aforementioned charges. In cases where a lower fare is applicable at the time of
the amendments to the booking, then the difference shall not reimburse.
Changes can be made by entering the "Changes and queries" section of Carrier
website
To change the ticket-holder’s name, you must get in contact with Carrier
Customer Service Centre. If you’ve completed one of the legs included in the
ticket, we cannot modify the ticket-holder, the day of your return flight, or
the destination you initially chose
The validity of tickets
Tickets will be valid for 6 months.
Check-in
In all of the airports: from 2h30min before departure up until 40min before
the flight. Passengers will not be accepted once check-in has been closed.
Boarding
Boarding will start 30min before the departure time. Passengers not present
at the end of boarding 10min before departure will be refused boarding and their
baggage will be offloaded. They will not be eligible for a refund nor will the
flight segment be changed; they must buy a new ticket.
Boarding: Families travelling with children, passengers in wheelchairs and
passengers with reduced mobility will take preference during boarding.
Baggage
HAND LUGGAGE
From 6th November.:
To protect passengers against the threat of liquid explosives, the European
Union (EU) has adopted new security measures restricting the volume of liquids
or substances of a similar consistency which passengers can carry with them
through security controls in EU community airports. These measures are
applicable to all passengers leaving EU airports, regardless of their
destination.
However, the new measures do not limit passengers from obtaining these liquids
or substances from shops situated beyond the control point where a boarding pass
must be shown, or onboard aircraft operated by an EU airline.
These measures are applied at all airports in the European Union as well as
those in Norway, Iceland and Switzerland.
Only small amounts of liquid are allowed to be carried in hand luggage. Such
liquids must be transported in small containers, with an individual maximum
capacity of 100ml. Each passenger must package these containers in a
self-sealing, transparent, plastic bag, of no more than one-liter capacity (a
bag of approximately 20 x 20cm) to facilitate inspection of these products at
security controls.
Passengers must obtain such bags before beginning their journey.
Liquids include:
• Water and other drinks, soups, syrups
• Creams, lotions and oils, including toothpaste
• Perfumes
• Content of pressurized containers, including shaving foam and other foams and
deodorants
• Gels, such as shower gel or shampoo;
• Any other substance of a similar consistency
• Aerosols
At the airport:
• All liquids must be presented within the aforementioned bag, separately from
hand luggage and placed in the tray provided for that purpose by security
controls, to be examined by security personnel.
• The passenger must remove their jacket and/or coat and place them in the tray.
These garments must be examined separately during the inspection.
• The passenger must remove their laptop computer or any other electronic device
of similar dimensions from its case, and place it in the tray to be inspected
separately from its case at security controls.
Passengers may take 1 piece of hand luggage per person weighing up to 10kg with
the maximum dimensions of 55x40x20cm.
At the boarding gate, hand luggage that does not comply with the company’s
regulations – that is, exceeding stipulated amount, weight or dimensions
(55x40x20) – will incur a cost of €15 per suitcase.
CHECKED-IN LUGGAGE
Passengers can check in up to 20kg of luggage at a cost of €8,5 per flight and
suitcase (when doing so via our website) and €17 per flight and suitcase (when
checking in at the airport) according to the luggage allowance (except sports
equipment).
Every kg of baggage exceeding that weight will be charged with 8 €/kg.
Maximum checked-in weight per passenger is 50kg.
Maximum weight per package is 32kg.
Indemnifications will always be in accordance with the weight checked in up to a
maximum of the allowance.
Transport of arms: 20 €.
Sports equipment: You can travel with sports equipment like skis, snowboard,
golf clubs, bicycle, surfboard, windsurfer and so on, as long as you pay an
additional, 30-euro charge per item and flight.
Bicycles: bicycles must be correctly wrapped or packaged for transport (the
bicycle dismantled as far as possible, tires deflated and pedals removed).
Musical instruments: Transportation of musical instruments falls into two
categories. The first category includes those musical instruments that can be
transported as hand luggage (the same conditions apply as to other hand luggage)
while the second is of those instruments that must board as checked-in luggage
(the same conditions apply as for checked-in luggage).
Within the second category (checked-in luggage), as an alternative and in the
event the instrument does not exceed the dimensions 136 L x 47 W x 25 B
(dimensions in centimeters), an additional seat may be bought for the
instrument.
In all cases, as with all other luggage, it is the customer’s responsibility to
ensure that the instruments have been adequately prepared for transportation.
In the event of damage to your baggage, carrier will be responsible neither for
broken handles nor broken wheels nor stains nor scratches nor either for dents.