|TERMS AND POLICIES|
CONDITIONS OF CONTRACT
The following are the Conditions of Contract as they appear on the Passenger Ticket and Baggage Check.
If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage. See also notice beaded "Advice to International Passengers on Limitation of Liability."
CONDITIONS OF CONTRACT
1. As used in this contract "ticket" means this passenger ticket and baggage check, of which these conditions and notices form part, "carriage" is equivalent to "transportation", "Carrier" means all air carriers that carry or undertake to carry the passenger or his/her baggage hereunder or perform any other service incidental to such air carriage.
2. "WARSAW CONVENTION" means the Convention for the unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October, 1929, or that Convention as amended at the Hague, 28th September, 1955 whichever may be applicable.
3. Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not "International Carriage" as defined by the Convention.
4. To the extend not in conflict with the foregoing carriage and other services performed by each carrier are subject (1) provisions contained in this ticket, (ii) applicable tariffs, (iii) carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
5. Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket; the agreed stopping place are those places set forth in this ticket or as shown in carrier's timetables as scheduled stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.
6. An Air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its agent.
7. Any exclusion limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.
8. Checked baggage will be delivered to bearer of the baggage check. In Case of damage to baggage moving international transportation, complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within 7 days from receipt; in case of delay, complaint must be made within 21 days from date of the baggage was delivered. See Tariffs or conditions of carriage regarding non-international transportation.
9. This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in carrier's tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.
10. Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to changes without notice. Carrier assumes no responsibility for making connections.
11. Passenger shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.
No Agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.
GENERAL CONDITIONS OF CARRIAGE
The following are the General Conditions of Carriage applying to the carriage of passengers and baggage on WINAIR routes.
In these Conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them.
we, our, ourselves and us means WINAIR. you, your and yourself means any person, except members of the crew, carried or to be carried in an aircraft, having a ticket, including an electronic ticket, valid for the transportation. (See also the definition for passenger). agreed stopping places means those places, except the place of departure and the place of destination, set out in the ticket or shown in our timetables as scheduled stopping places on your route. airline designator code means the two characters or three letters which identify particular air carriers.
authorized agent means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services. baggage means your personal property accompanying you in connection with your trip. Unless otherwise specified or unless the context otherwise requires, 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. carrier means an air carrier other than ourselves, whose airline designator code appears on your ticket or on a conjunction ticket.
checked baggage means baggage of which we take custody and for which we have issued a baggage check. conditions of contract means those statements contained in or delivered with your ticket or itinerary/receipt, identified as such and which incorporate these Conditions of Carriage by reference, and notices. conjunction ticket means a ticket issued to you with relation to another ticket which together constitute a single contract of carriage. convention means whichever of the following instruments are applicable:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention)-,
the Warsaw Convention as amended at The Hague on 28 September 1955.,
the Warsaw Convention as amended b Additional Protocol No. I 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):
as supplemented by the Guadalajara Convention (1961) where applicable. coupon means both a paper flight coupon and an electronic coupon. damage includes death, wounding, or bodily injury to a passengers loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental to it performed by us. days mean calendar days, including, all seven days of the week; provided that, for the purpose of notification, the day on which notice is dispatched shall not be counted: and furthermore, for purposes of determining duration of validity of a ticket, the day upon which the ticket is issued, or the flight commenced shall not be counted. electronic coupon means an electronic flight coupon or other value document held in our database. electronic ticket means the itinerary/receipt issued by us or on our behalf, the electronic coupons and, if applicable, a boarding document. flight means a flight from one point indicated on the ticket to the next. flight coupon means that portion of the ticket that bears the notation good for passage, or in the case of an electronic ticket, the electronic coupon, and indicates the particular places between which you are entitled to be carried.
French gold francs means francs containing 65= milligrams of gold with a fineness of nine hundred thousandths. Itinerary / receipt means a document or documents we issue to passengers travelling on electronic tickets that contains the passenger name, flight information and notices. passenger means any person, except members of the crew, carried or to be carried in an aircraft, with our consent or with the consent of the carrier. (See also the definition for you, your and yourself). passenger coupon or passenger receipt means that portion of the ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you. stopover means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
tariff means the published fares, charges and/or related Conditions of Carriage of an airline filed with the Governments of either Canada or the United States of America.
ticket means either the document entitled Passenger Ticket and Baggage Check or the electronic ticket, in each case issued by us or on our behalf, and includes the conditions of contract, notices and coupons. unchecked baggage means any of your baggage other than checked baggage.
Subject to Article 2.2, 2.4 and 2.5, these conditions of carriage will apply to all flights or flight segments where our name or airline designator code is indicated in the carrier box of the ticket for that flight or flight segment.
If carriage is performed pursuant to a charter agreement, these Conditions of' Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the ticket.
On some services we have arrangements with other carriers knows as "Code Share". This means that even if you have a reservation with us and hold a ticket where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft before your purchase your ticket.
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.
Except as provided in these conditions of carriage, in the event of inconsistency between these conditions of carriage and any of our regulations dealing with particular subjects, these conditions of carriage shall prevail.
3.1 Requirement for valid ticket
one year from the date of issue or, within one year from the date of first travel provided that first travel occurs within 1 year from date of issue;
whichever is longer.
first travel or
(a) one year from the date of issue or
(b) subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the ticket;
whichever is longer.
Our name may be abbreviated to our airline designator code in the ticket. Our address shall be deemed to be the airport of departure shown opposite the first reference to our designator code in the "carrier" box in the ticket or, in the case of an electronic ticket, as indicated for our first flight set out in the itinerary/receipt.
Fares apply, only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals.
Subject to Article 4.3, applicable fares are those in effect on the date of payment in full of the ticket. Should you change your itinerary or dates of travel, this may impact the fare to be paid.
We may increase the fare after you have made payment in full in order to take account of increases in costs, provided that on such a case, you may cancel the ticket and obtain, at your option a full refund of the funds paid.
Applicable taxes fees and charges imposed by government or other authority, or by the operator of an airport shall be payable by you. At the time you purchase your ticket, you will be advised of all applicable taxes, fees and charges known to us, and most of these will normally be shown separately on the ticket. However, as the taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of ticket issuance you may be obliged to pay additional taxes, fees or charges, even after the ticket has been issued. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.
Fares and charges are payable in the currency of the country in which the ticket is issued, unless another currency is indicated by us or our authorized agent at or before the time payment is made for example, because of the non-convertibility of the local currency. We may, at our discretion, accept payment in another currency.
If you have not paid for the ticket within the specified time limit which we or our authorized agent have specified, we may cancel your reservations
You recognize that personal data has been given to us for the purposes of making a reservation, purchasing a ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, authorized agents, government agencies, other carriers or the providers of the above-mentioned services.
We do not provide seat selection or allocation service. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
Except in the case of travel on nonrefundable fares, a service charge may be payable by you if you fail to use your reservation.
Onward or return reservations may be subject to the requirement to reconfirm the reservation within specified time limits. We recommend that all passengers reconfirm all return bookings at least 48 - 72 hours. Passengers can verify their booking online at www.mytripandmore.com You also should check the requirements of any other carriers involved in your journey with them. Where it is required you should reconfirm with the carrier whose code appears for the flight in question on the ticket coupon. Failure to reconfirm may result in cancellation of any onward or return reservations.
Notwithstanding Article 5.1. If you do not use a reservation, your return or onward reservations may be cancelled.
In the reasonable exercise of our discretion, we may refuse to carry you or your baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. In this circumstance you will be entitled to a refund. We may also refuse to carry you or your baggage if one or more of the following have occurred or we reasonably believe may occur:
Acceptance for carriage of incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us shall not subsequently be refused carriage on the basis of such disability or special requirements. Winair does not accept any unaccompanied children. All children must travel with an accompanied adult.
You may carry some baggage free of charge, subject to our conditions and limitations, which are available upon request from us or our authorized agent.
You will be required to pay a charge for carriage of baggage in excess of the free baggage allowance. These rates are available from us upon request. Excess Baggage rates can be viewed in our Travel Tips sections
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.l 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 request we may refuse to carry you and your baggage. In the event an x-ray or other scan causes damages to you or your baggage, we shall not be liable for such damage unless due to our fault or negligence.
instruments) and which do not meet the requirements in Article 8.8.1, 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 have to pay a separate charge for this service.
If we agree to carry your animals they will be carried subject to the following conditions:
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. We may have to change time of flights, often for reasons beyond our control, and consequently times shown in timetables cannot be guaranteed. Please refer to Article 10.2 regarding refunds in such situation.
We reserve the right to substitute an alternative carrier and/or aircraft.
WINAIR accepts no responsibility for separate connections to or from Winair's flight to any other airline where separate tickets are used. Winair recommends passengers to have at least 2 ½ hours connection time from Winair flights to your connecting flight.
We will refund a ticket or any unused portion in accordance with the applicable fare rules or tariff, as follows:
We reserve the right to make a refund in the same manner and the same currency used to pay for the ticket.
Voluntary refunds will be made only by the carrier which originally issued the ticket or by its agent if so authorized.
If in our opinion you conduct yourself onboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, or refused any further carriage on the whole of our flight network and may be prosecuted for offences committed on board the aircraft.
For safety reasons, we may forbid or limit operation onboard 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.
If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation of services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as agent for such third party, whose terms and conditions will apply.
If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.
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.
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 it 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.
If you are denied entry into any country, you must 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 fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
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.
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.
You shall submit to any security checks by Governments, airport officials, carriers or by us.
Carriage to be performed by us and other carriers under one ticket, or a conjunction ticket is regarded as a single operation for the purposes of the Convention. However your attention is drawn to Article 15.1.2 (b).
(i) any losses or costs not reasonably foreseeable by us at the time the contract of carriage was concluded;
(ii) any losses or costs caused otherwise and by our breach of contract or breach of duty, to you;
(iii) any loss of profits of business losses;
(iv) any losses which indirectly flowed from the breach of contract or breach of duty to you
(v) any indirect or consequential loss when you are travelling in the course of or for the purpose of business.
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.
These conditions may only be modified in writing by one of our authorized agents or employees.
Carriage of you and your baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern among other things:-
(i) the carriage of unaccompanied minors, pregnant women and sick passengers;
(ii) restrictions on use of electronic devices and items,-
(iii) limited liability on claims.
Regulations and conditions concerning these matters are contained in this Manual and other WINAIR sources.
ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY
Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers on a journey to, from, or with an agreed stopping place in the United States of American, the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of certain carriers parties to such special contracts for death of or personal injury to passengers is limited in most cases to proven damages not to exceed U.S. $75,000 per passenger* and that this liability up to such limit shall not depend on negligence on the part of the Carrier.
For such passengers travelling by a Carrier not a party to such special contracts or on a journey not to, from, or having an agreed stopping place in the United States of American, liability of the Carrier for death or personal injury to passengers is limited in most cases to approximately U.S. $10,000 or US$20,000.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the Carrier's liability under the Warsaw Convention or such special contracts of carriage. For further information, please consult your airline or insurance company representative.
NOTE: The limit of liability of U.S.$75,000 above is inclusive of legal fees and costs except that in case of a claim brought in a state where provision is made for separate aware of legal fees and costs, the limit shall be the sum of US$58,000 exclusive of legal fees and costs.
Notice of Baggage Liability Limitations
Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately US$9.07 per pound (US$20.00 per kg) for checked baggage and US$400.00 per passenger for unchecked baggage.