ARTICLE 1 - WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
As you read these Conditions, please note that:
"We", "our", "ourselves" and "us" means XL Airways 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 PLACES means those places, except the place of departure and
the place of destination, set out in the Ticket or shown in our timetables as
scheduled stopping places on your route.
AIRLINE DESIGNATOR CODE means the two-characters or three letters which
identify particular air carriers.
AUTHORISED AGENT means a passenger sales agent who has been appointed by us to
represent us in the sale of air transportation on our services.
BAGGAGE means your personal property accompanying you in connection with your
trip. Unless otherwise specified, 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 by Additional Protocol No. 1
of Montreal (1975): the Warsaw Convention as amended at The Hague and by
Additional Protocol No. 2 of Montreal (1975): the Warsaw Convention as amended
at The Hague and by Additional Protocol No. 4 of Montreal (1975): the
Guadalajara Supplementary Convention (1961) (Guadalajara); the Montreal
Convention (1999); COUPON means both a paper Flight Coupon and an Electronic
Coupon.
DAMAGE includes death, wounding, or bodily injury to a Passenger, loss, partial
loss, theft or other damage, arising out of or in connection with carriage or
other services incidental thereto performed by us.
DAYS mean calendar days, including all seven days of the week; provided that,
for the purpose of notification, the day upon which notice is dispatched shall
not be counted; and provided further that for purposes of determining duration
of validity of a Ticket, the day upon which the Ticket is issued, or the flight
commenced shall not be counted.
ELECTRONIC COUPON means an electronic flight coupon or other value document
held in our database.
ELECTRONIC TICKET means the Itinerary/Receipt issued by us or on our behalf,
the Electronic Coupons and, if applicable, a boarding document.
FLIGHT COUPON means that portion of the Ticket that bears the notation "good
for passage," or in the case of an Electronic Ticket, the Electronic Coupon,
and indicates the particular places between which you are entitled to be
carried.
ITINERARY/RECEIPT means a document or documents we issue to Passengers
travelling on Electronic Tickets that contain 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 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.
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 the published fares, charges and/or related Conditions of Carriage
of an airline filed, where required, with the appropriate authorities.
TICKET means either the document entitled "Passenger Ticket and Baggage Check"
or the Electronic Ticket, in each case issued by us or on our behalf, and
includes the Conditions of Contract, notices and Coupons.
UNCHECKED BAGGAGE means any of your Baggage other than Checked Baggage.
ARTICLE 2 - APPLICABILITY
2.1 GENERAL
Except as provided in 2.2, and 2.3, our Conditions of Carriage apply only on
those flights, or flight segments, where our name or Airline Designator Code
(which is "XLA") is indicated in the carrier box of the Ticket for that flight
or flight segment or where we otherwise have a legal liability to you.
2.2 CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of
Carriage apply only to the extent they are incorporated by reference or
otherwise, in the charter agreement or the Ticket.
2.3 OVERRIDING LAW
2.3.1 These Condition of Carriage are applicable unless they are inconsistent
with Tariffs or applicable law in which event such Tariffs or laws shall
prevail.
2.3.2 If any provision of these Conditions of Carriage is invalid under any
applicable law, the other provisions shall nevertheless remain valid.
2.4 CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage, in the event of
inconsistency between these Conditions of Carriage and any other regulations we
may have, dealing with particular subjects, these Conditions of Carriage shall
prevail.
2.5 CODE SHARES
On some services we have arrangements with other carriers known as "Code
Shares". This means that even if you have a reservation with us and hold a
ticket where our name or Airline Designator Code is indicated as the carrier,
another carrier may operate the aircraft. If such arrangements apply we will
advise you of the carrier operating the aircraft before you make your
reservation.
ARTICLE 3 - TICKETS
3.1 REQUIREMENT FOR VALID TICKET
3.1.1 We will provide carriage only to the Passenger named on the Ticket, and
you may be required to produce appropriate identification.
3.1.2 A ticket is not transferable.
3.1.3 Except in the case of an Electronic Ticket, you shall not be entitled to
be carried on a flight unless you present a valid Ticket containing the Flight
Coupon for that flight and all other unused Flight Coupons and the Passenger
Coupon. In addition, you shall not be entitled to be carried if the Ticket
presented is mutilated or if it has been altered otherwise than by us or our
Authorised Agent. In the case of an Electronic Ticket, you shall not be
entitled to be carried on a flight unless you provide positive identification
and a valid Electronic Ticket has been duly issued in your name.
3.1.4 In case of loss or mutilation of a Ticket, or part thereof, or
non-presentation of a Ticket containing the Passenger Coupon and all unused
Flight Coupons, upon request of the Passenger, the issuer may replace such
Ticket or part thereof by issuing a new Ticket, provided there is evidence,
readily ascertainable at the time, that a Ticket valid for the flight(s) in
question was duly issued and the Passenger signs an agreement to reimburse us
for any costs and losses which are necessarily and reasonably incurred by us or
another Carrier for misuse of the Ticket and which do not result from our own
negligence.
3.1.5 A Ticket is valuable and you should take appropriate measures to
safeguard it and ensure it is not lost or stolen.
3.2 PERIOD OF VALIDITY
Except as otherwise provided in the Ticket, these Conditions, or in tariffs,
the Ticket is valid only for travel from the airport of departure to the
airport of destination on the date and flights shown on the Ticket.
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 is Explorer House, Fleming Way, Crawley, West Sussex
RH10 9EA.
ARTICLE 4 - FARES AND CHARGES
4.1 GENERAL
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.
4.2 TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by government or other authority, or
by the operator of an airport, shall be payable by you. At the time you
purchase your Ticket, you will be advised of all applicable taxes, fees and
charges known to us. 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.
ARTICLE 5 - RESERVATIONS
5.1 PERSONAL DATA
You recognise that personal data has been given to us for the purposes of
making a reservation, purchasing a Ticket, obtaining ancillary services,
developing and providing services, facilitating immigration and entry
procedures, and making available such data to government agencies, in
connection with your travel. For these purposes, you authorise us to retain and
use such data and to transmit it to our own offices, Authorised Agents,
government agencies, other Carriers or the providers of the above-mentioned
services.
5.2 SEATING
We will endeavour to honour advance seating requests, however, we cannot
guarantee any particular seat, we reserve the right to assign or reassign seats
at any time, even after boarding of the aircraft. This may be necessary for
operational, safety or security reasons.
ARTICLE 6 - CHECK-IN/BOARDING
6.1 Your journey will be smoother if you allow yourself ample time for
check-in. Please note that we reserve the right to cancel reservation of
Passengers who arrive at the check-in desk later than the times indicated.
Check-in times may be obtained from us or our Authorised Agents.
6.2 You must be present at the boarding gate not later than the time specified
by us when you check-in.
6.3 We may cancel the space reserved for you if you fail to arrive at the
boarding gate in time.
6.4 We will not be liable to you for any loss or expense incurred due to your
failure to comply with the provisions of this Article.
ARTICLE 7 - REFUSAL AND LIMITATION ON CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE
In the reasonable exercise of our discretion, we may refuse to carry you or
your Baggage if we have notified you in writing. We may also refuse to carry
you or your Baggage if one or more of the following have occurred or we
reasonably believe may occur:
7.1.1 such action is necessary in order to comply with any applicable
government laws, regulations, or orders;
7.1.2 the carriage of you or your Baggage may endanger or affect the safety,
health, or materially affect the comfort of other passengers or crew;
7.1.3 your mental or physical state, including your impairment from alcohol or
drugs, present 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 for your Ticket or the applicable fare, taxes or
charges by the required time;
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 us or our Authorised Agent, or has been
reported as being lost or stolen, is a counterfeit or you cannot prove that you
are the person names 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 us or our Authorised
Agent, or the Ticket is mutilated;
7.1.10 you fail to observe our instructions with respect to safety or security;
7.1.11 you have previously committed one of the acts or omissions referred to
above.
7.2 SPECIAL ASSISTANCE
Acceptance for carriage of unaccompanied children, incapacitated persons,
pregnant women, persons with illness or other people requiring special
assistance is subject to prior arrangement with us. Passengers with
disabilities who have advised us of any special requirements they may have at
the time of ticketing, and been accepted by us, shall not subsequently be
refused carriage on the basis of such disability or special requirements.
ARTICLE 8 - BAGGAGE
8.1 FREE BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject to our conditions and
limitations, which are available upon request from us or our Authorised Agents.
8.2 EXCESS BAGGAGE
You will be required to pay a charge for carriage of Baggage in excess of the
free Baggage allowance. These rates are available from us or our Authorised
Agents upon request.
8.3 ITEMS UNACCEPTABLE AS BAGGAGE
8.3.1 You must not include in your Baggage:
8.3.1.1 items which are likely to endanger the aircraft or persons or property
on board the aircraft, such as those specified in the of the International
Civil Aviation Organisation (ICAO) Technical Instructions for the Safe
Transport of Dangerous Goods by Air and the International Air Transport
Association (IATA) Dangerous Goods Regulations, and in our regulations (further
information is available from us on request);
8.3.1.2 items the carriage of which is prohibited by the applicable laws,
regulations or orders of any state to be flown from or to;
8.3.1.3 items which are reasonably considered by us to be unsuitable for
carriage because they are dangerous, unsafe or by reason of their weight, size,
shape or character, or which are fragile or perishable having regard to, among
other things, the type of aircraft being used. Information about unacceptable
items is available upon request.
8.3.2 Firearms and ammunition other than for hunting and sporting purposes are
prohibited from carriage as Baggage. Firearms and ammunition for hunting and
sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded
with the safety catch on, and suitably packed. Carriage of ammunition is
subject to ICAO and IATA Dangerous Goods Regulations as specified in 8.3.1.1.
8.3.3 Weapons such as antique firearms, swords, knives, and similar items may
be accepted as Checked Baggage, at our discretion, but will not be permitted in
the cabin of the aircraft.
8.3.4 You must not include in Checked Baggage money, jewellery, precious
metals, computers, personal electronic devices, fragile or perishable items,
negotiable papers, securities or other valuables, business documents, passports
and other identification documents or samples.
8.3.5 If, despite being prohibited, any items referred to in 8.3.1, 8.3.2 and
8.3.4 are included in your Baggage, we shall not be responsible for any loss or
damage to such items.
8.4 RIGHT TO REFUSE CARRIAGE
8.4.1 Subject to paragraph 8.3.2, we will refuse to carry as Baggage the items
described in 8.3, and we may refuse further carriage of any such items upon
discovery.
8.4.2 We may refuse to carry as Baggage any item reasonably considered by us to
be unsuitable for carriage because of its size, shape, weight, content,
character or for safety or operational reasons, or the comfort of other
passengers. Information about unacceptable items is available upon request.
8.4.3 We may refuse to accept Baggage for carriage unless it is in our
reasonable opinion properly and securely packed in suitable containers.
Information about packing and containers unacceptable to us is available upon
request.
8.5 RIGHT OF SEARCH
For reasons of safety and security we may request that you permit a search,
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 8.3.1 or any firearms, ammunition or weapons, which have
not been presented to us in accordance with 8.3.2 or 8.3.3. If you are
unwilling to comply with such request we may refuse to carry you and your
Baggage. In the event 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.
8.6 CHECKED BAGGAGE
8.6.1 Upon delivery to us of your Baggage which you wish to check we will take
custody of, and issue a Baggage Identification Tag for each piece of your
Checked Baggage.
8.6.2 Checked Baggage must have your name or other personal identification
affixed to it.
8.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft
as you, unless we decide for safety, security or operational reasons to carry
it on an alternative flight. If your Checked baggage is carried on a subsequent
flight we will deliver it to you, unless applicable law requires you to be
present for customs clearance.
8.7 UNCHECKED BAGGAGE
8.7.1 We may specify maximum dimensions for Baggage which you carry on to the
aircraft. If we have not done so, Baggage which you carry onto the aircraft
must fit under the seat in front of you or in an enclosed storage compartment
in the cabin of the aircraft. If your Baggage cannot be stored in this manner,
or is of excessive weight, or is considered unsafe for any reason, it must be
carried as Checked Baggage, subject to Articles 8.2 and 8.3.
8.7.2 Objects not suitable for carriage in the cargo compartment (such as
delicate musical instruments) and which do not meet the requirements in 8.7.1
above, will only be accepted for carriage in the cabin compartment if you have
given us notice in advance and permission has been granted by us. You may have
to pay a separate charge for this service.
8.8 COLLECTION AND DELIVERY OF BAGGAGE
8.8.1 You are required to collect your Checked Baggage as soon as it is made
available at your destination or Stopover. Should you not collect it within a
reasonable time, we may charge you a storage fee. Should your Checked Baggage
not be claimed within three (3) months of the time it is made available, we may
dispose of it without any liability to you.
8.8.2 Only the bearer of the Baggage Check and Baggage Identification Tag, is
entitled to delivery of the Checked Baggage.
8.8.3 If a person claiming Checked Baggage is unable to produce the Baggage
Check and identify the Baggage by means of a Baggage Identification Tag, we
will deliver the Baggage to such person only on condition that he or she
establishes to our satisfaction his or her right to the Baggage.
8.9 ANIMALS
We reserve the right, at our absolute discretion, to refuse to carry any
animals. If we agree to carry your animals they will be carried subject to the
following conditions:
8.9.1 You must ensure that animals such as dogs, cats, household birds and
other pets, are properly crated and accompanied by valid health and vaccination
certificates, entry permits and other documents required by countries of entry
or transit failing which, they will not be accepted for carriage. Such carriage
may be subject to additional conditions specified by us, which are available on
request.
8.9.2 If accepted as Baggage, the animal, together with its container and food,
shall not be included in your free Baggage allowance, but shall constitute
excess baggage, for which you will be obliged to pay the applicable rate.
8.9.3 Guide dogs accompanying Passengers with disabilities will be carried free
of charge in addition to the normal free Baggage allowance, subject to
conditions specified by us, which are available on request.
8.9.4 Where carriage is not subject to the liability rules of the Convention,
except in the case of our own negligence, we are not responsible for injury to
or loss, sickness or death of an animal, which we have agreed to carry.
8.9.5 We will have no liability in respect of any animal not having all the
necessary exit, entry, health and other documents necessary or convenient with
respect to the animal's entry into or passage through any country, state or
territory and the person carrying the animal must reimburse us for any fines,
costs, losses or liabilities reasonably imposed or incurred by us as a result.
ARTICLE 9 - SCHEDULES, DELAYS, CANCELLATIONS AND DENIED BOARDING
9.1 SCHEDULES
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 the times of flights, often for reasons beyond
our control, and consequently published times cannot be guaranteed and do not
form part of your contract with us.
9.2 DELAYS DENIED BOARDING AND CANCELLATIONS
In the unlikely event that your flight is cancelled, that you are denied
boarding (except where caused by reasons as detailed in Article 7) or there is
a delay to your flight, you will be offered compensation and assistance in
accordance with EC Regulation 261/2004. Exclusions apply where specified in
EC261/2004.
9.2.1 In the unlikely event that you are denied boarding on to your flight and
subject to Article 7 above and subject to relevant provisions under EC
Regulations 261/2004 you will be offered compensation and/or assistance in
accordance with EC Regulation 261/2004.
9.2.2 In the unlikely event that your flight is cancelled, you will be offered
assistance and compensation in accordance with EC Regulation 261/2004 except
where the cancellation is caused by extraordinary circumstances which could not
have been avoided.
9.2.3 In the unlikely event that there is a delay to your flight beyond its
scheduled time of departure and in accordance with the circumstances as set out
in EC Regulation 261/2004 you will be offered assistance in accordance with the
provisions of EC Regulation 261/2004.
9.2.4 We will provide a complete copy of EC Regulation 261/2004 upon receiving
a written request from you.
9.4 In the event of denied boarding, cancellation and delays, Persons with
Reduced Mobility and any person accompanying them (as well as unaccompanied
children) will be offered assistance as detailed in EC Regulation 261/2004.
"Persons with Reduced Mobility" include any person whose mobility is reduced
when using transport because of any physical disability (sensory or locomotory,
permanent or temporary), intellectual impairment, age or any other cause of
disability, and whose situation needs special attention and adaptation to the
person's needs of the services made available to all passengers.
9.5 We reserve the right to substitute an alternative Carrier and/or aircraft.
ARTICLE 10 - CONDUCT ABOARD AIRCRAFT
10.1 GENERAL
If in our opinion you conduct yourself aboard the aircraft so as to endanger
the aircraft or any person or property on board, or obstruct the crew in the
performance of their duties, or fail to comply with any instructions of the
crew including but not limited to those with respect to smoking, alcohol or
drug consumption, or behave in a manner which causes discomfort, inconvenience,
damage or injury to other passengers or the crew, we may take such measures as
we deem reasonably necessary to prevent continuation of such conduct, including
restraint. You may be disembarked and refused onward carriage at any point, and
may be prosecuted for offences committed on board the aircraft.
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.
ARTICLE 11 - ADMINISTRATIVE FORMALITIES
11.1 GENERAL
11.1.1 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.
11.1.2 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.
11.2 TRAVEL DOCUMENTS
Prior to travel, you must present all exit, entry, health and other documents
required by law, regulation, order, demand or 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 compiled with these requirements, or
your travel documents do not appear to be in order.
11.3 REFUSAL OF ENTRY
If you are denied entry into any country, you will be responsible to pay any
fine or charge assessed against us by the Government concerned and for the cost
of transporting you from that country. The fare collected for carriage to the
point of refusal or denied entry will not be refunded by us.
11.4 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 and
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.
11.5 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.
11.6 SECURITY INSPECTION
You shall submit to any security checks by Governments, airport officials,
Carriers or by us.
11.7 ADDITIONAL SERVICES
If we make arrangements for you with any third party to provide any services
other than carriage by air, or if we issue a ticket or voucher relating to
transportation or services (other than carriage by air) provided by a third
party such as hotel reservations or car rental, in doing so we act only as
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.
ARTICLE 12 - SUCCESSIVE CARRIERS
Carriage to be performed by us and other Carriers under one Ticket, or a
Conjunction Ticket is regarded as a single operation for the purposes of the
Convention. However your attention is drawn to Article 13.13.
ARTICLE 13 - LIABILITY FOR DAMAGE
13.1 The liability of XL Airways Limited and each Carrier involved in your
journey will be determined by its own Conditions of Carriage. Our liability
provisions are set out in this Article 13.
13.2 Save as provided below, carriage hereunder is subject to the rules and
limitations relating to liability established by the Convention unless such
carriage is not international carriage to which the Convention applies. Nothing
in these General Conditions of Carriage shall waive any exclusion or limitation
of our liability under the Convention or applicable laws unless otherwise
expressly stated.
13.3 XL Airways liability for damages sustained in the event of death, wounding
or any such bodily injury by you in the event of an accident shall not be
subject to any financial limit, be it defined by law, convention or contract.
13.4 In accordance with the requirements of Article 7 of Regulation (EC) Number
2407/92 (as amended by Regulation (EC) 889/2002), we will be insured up to the
limit of liability required under Article 13.5 below and thereafter up to a
reasonable level.
13.5 For any damages up to the sum of the equivalent in EURO's of 100,000 SDR,
we shall not exclude or limit its liability by proving that we and our agents
have taken all necessary measures to avoid the damage or that it was impossible
for them to take such measures.
13.6 Notwithstanding the provisions of Article 13.5, if we prove that the
damage was caused by, or contributed to by, your negligence, we may be
exonerated wholly or partly from its liability in accordance with applicable
law.
13.7 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 proportional to the hardship suffered.
13.8 Without prejudice to Article 13.7, an advance payment shall not be less
than the equivalent of 16,000 SDR per Passenger in the event of death.
13.9 An advance payment shall not constitute the recognition of liability and
may be off set against any subsequent sums paid on the basis of our liability,
but is not returnable, except in the cases prescribed in Article 13.6 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.
13.10 SPECIAL AGREEMENT applicable to carriage to, from or with an agreed
stopping place in the United States of America (see applicable tariffs).
We shall avail ourselves of the limitation of liability provided in the
Convention. In accordance with Article 22(1) of the Convention, we agree that
as to all international carriage by it to which the Convention applies and
which according to the contract of carriage includes a point in the United
States of America as a point of origin, a point of destination or agreed
stopping place:-
1. Our liability for damages sustained in the event of death, wounding or any
bodily injury by you in the event of an accident shall not be subject to any
financial limit;
2. We shall not, with respect to any claim arising out of the death, wounding
or other bodily injury sustained by you, avail ourselves of any defence under
Article 20 of the Convention. Nothing herein shall be deemed to affect our
rights and liabilities with regard to any claim brought by, on behalf of, or in
respect of, any person who has wilfully caused damage which resulted in death,
wounding, or other bodily injury to you.
13.11 For carriage which is not international carriage to which the Convention
applies:
1. if the law of the United Kingdom is applicable, our liability is governed by
the provisions of the Carriage by Air Acts (Application of Provisions) Order
1967 to the extent such Order applies; or
2. if the Carriage by Air (Application of Provisions) Order 1967 is not
applicable and unless the applicable law otherwise requires we shall be liable
for damage to a Passenger or his Checked baggage only if such damage has been
caused by our negligence. If there has been contributory negligence on your
part, our liability shall be subject to the applicable law relating to
contributory negligence.
13.12 Where your carriage is not subject to the liability rules of the
Convention, carriage shall be subject to the provisions of the Carriage by Air
Acts (Application of Provisions) Order 1967.
13.13 We will be liable only for Damage occurring during carriage on flights or
flight segments where our Airline Designator Code appears in the carrier box of
the Ticket for that flight or flight segment. If we issue a Ticket or if we
check Baggage for carriage on another carrier, we do so only as agent for the
other carrier. Nevertheless, with respect to Checked Baggage, you may make a
claim against the first or last carrier.
13.14 Unless such Damage resulted from the inherent defect, quality or vice of
the Baggage, we shall be liable, up to a limit of 1000 SDRs, for destruction,
loss or damage to Checked Baggage on condition that the event which caused the
destruction, loss or damage took place on board the aircraft or during any
period within which Checked Baggage was in our charge. If in the case of
Checked Baggage a higher value is declared at the latest at check-in and, if
required, you have paid the supplementary sum demanded, our liability shall be
limited to such higher declared value unless we show that higher declared value
is greater than your actual interest in delivery at destination. We will not be
liable for Damage to Unchecked Baggage unless such Damage is caused by our
fault or that of our servants and agents.
13.15 We shall be liable up to a limit of 1000 SDRs for Damage or delay of your
Baggage, unless we show that we or our servants or agents took all reasonable
measures to avoid the Damage or it was impossible for us or our servants or
agents to take such measures. If in the case of Checked Baggage a higher value
is declared at the latest at check-in and, if required, you have paid the
supplementary sum demanded, our liability shall be limited to such higher
declared value unless we show that higher declared value is greater than your
actual interest in delivery at destination. We will not be liable for Damage to
Unchecked Baggage unless such Damage is caused by our fault or that of our
servants and agents.
13.16 Except where other specific provision is made in these Conditions, if we
are liable to you we will compensate you for all losses and costs which you can
prove you directly incurred as a result, in accordance with the applicable law,
but we will not in any circumstance be liable for;
1. any losses or costs not reasonably foreseeable by us at the time the
contract of carriage was concluded;
2. any losses or costs caused otherwise than by our breach of contract or
breach of duty to you;
3. any loss of profits or business losses;
4. any losses which indirectly flowed from the breach of contract or breach of
duty to you;
5. any indirect or consequential loss when you are travelling in the course of
or for the purpose of business.
13.17 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.
13.18 We shall have no liability whatsoever for Damage to articles not
permitted to be contained in Baggage under Article 8.3.
13.19 We are not responsible for any illness, injury or disability, including
death, attributable to your physical condition or for the aggravation of such
condition.
13.20 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 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.
13.21 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.
ARTICLE 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 the Baggage. If you wish to file a
claim or an action regarding delay of Checked Baggage, you must notify us
within twenty-one (21) Days from the date the Baggage has been placed at your
disposal. Every such notification must be made in writing.
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.
ARTICLE 15 -MODIFICATION AND WAIVER
These conditions may only be modified by an express agreement with you in
writing made by a person properly authorised by us.
ARTICLE 16 - OTHER CONDITIONS
Carriage of you and your Baggage is also provided in accordance with certain
other regulations and conditions applying to or adopted by us. These
regulations and conditions as varied from time to time are important. They
concern among other things:
1. the carriage of unaccompanied minors, pregnant women, and sick passengers;
2. restrictions on use of electronic devices and items;
3. the on board consumption of alcoholic beverages.
Regulations and conditions concerning these matters are available from us upon
request.
ARTICLE 17 - APPLICABLE LAW
These General Conditions of carriage shall be governed by and construed in
accordance with English law.
ARTICLE 18 - INTERPRETATION
The title of each Article of these Conditions of Carriage is for convenience
only and is not to be used for interpretation of the text.
XL Airways Limited "XLA"
June 2004
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