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First Line Air (SL) Ltd Conditions of Carriage for Passengers and Baggage effective 19th NOVEMBER 2004
MAKE SURE YOU OR YOUR CHILD HAVE A VISA IF NECESSARY. U.S.A. PASSPORTS REQUIRE A VISA.
"Baggage" means your personal property accompanying you
in connection with your trip. Unless otherwise specified, it includes
both your Checked and Unchecked Baggage; "Carrier" means - Monarch Airlines - First Line Air (SL) Ltd as applicable (see also definition of "we, "our",
"ourselves" and "us");
Article 2 Applicability 2.1. General Except as provided in Paragraphs 2, 3 and 4 of this Article, these Conditions of Carriage apply to all carriage by air of Passengers and Baggage performed by us and to any liability we may have in relation to that carriage by air. 2.2. Charters If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference by the terms of the charter agreement and the charter ticket. 2.3. Overriding Laws If these Conditions of Carriage or any of them are inconsistent with any laws (such as the Convention) which apply to your contract of carriage with us, those laws will apply. 2.4. Conditions Prevail over Regulations Except as provided herein, in the event of inconsistency between these Conditions of Carriage and our Carrier's Regulations, these Conditions of Carriage shall prevail.
Article 3 Tickets 3.1. Ticket Prima Facie Evidence of Contract The evidence of the contract of carriage is the Ticket. The Ticket, these Conditions of Carriage and our Carrier's Regulations (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us. These Conditions of Carriage and our Carrier's Regulations are accessible in full on the Website and copies may be obtained from our offices at the addresses stated at the end of these Conditions of Carriage and at check-in. 3.2. Changes to your Ticket If you wish to change your flight or the Passenger to be carried you may do so in the circumstances provided in Article 6.2 and our Carrier's Regulations. Otherwise, your contract of carriage with us is not transferable. We shall not be liable to any person entitled to be carried by us or for any refund in connection with a proposed flight if, in good faith, we provide carriage to a person purporting to be entitled to carriage or make any refund to the person entitled in accordance with Article 11. 3.3. Validity A Ticket is only valid for the Passenger named and the flight specified being the person and flight for which the reservation was originally made or as subsequently changed and accepted by us in accordance with Article 3.2 above. 3.4. Name and Address of the Carrier Our name and address may be abbreviated on any of our documents of carriage or on the Website. The address of our registered offices can be found at the end of these Conditions of Carriage.
Article 4 Stopovers Stopovers may be permitted at Agreed Stopping Places subject to Government requirements and our Carrier's Regulations.
Article 5 Fares 5.1. General Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport services between airports and between airports and town terminals, unless provided by us without additional charge. Fares will be calculated in accordance with our Tariff in effect on the date of payment for the Ticket for the flight or flights concerned. Should you wish to change your flight or any part of your itinerary there may be additional payments due, as specified in our Carrier's Regulations. 5.2. Taxes and Charges Any taxes or charges imposed by Government or other authority, including the operator of an airport, which we are obliged to collect from you or pay in respect of you and your flight may be payable by you to us in addition to the fare. At the time you make a reservation you will be advised of the total amount of such taxes and charges not included in the fare and payable by you. Such taxes and charges imposed on air travel are constantly changing and can be imposed after the date that your reservation has been confirmed. If any such tax or charge is introduced or increased after the reservation was made you will be obliged to pay it prior to departure. Similarly, if any such tax or charge due is abolished or reduced before we are obliged to pay it you will be entitled to claim a refund from us. 5.3. Currency Fares and charges are payable in any currency in which the fare is published unless otherwise agreed by us.
Article 6 Reservations 6.1. Reservation Requirements A reservation for a particular flight is confirmed by the issuance by us of a Confirmation Number. It is not necessary for you to reconfirm a flight for which there is a Confirmation Number. 6.2. Changes You are not entitled to change reservations once confirmed, save that names of Passengers or flights (subject to space being available) may be changed prior to check-in for the original flight on payment of a fee per Passenger per flight and any difference in fares or taxes and other charges which may be applicable at the time the change is made, subject always to the conditions in our Carrier's Regulations. 6.3. Payment Fares plus all taxes and other charges relating to your reservation must be paid in full when a confirmed reservation is made. If such sums have not been paid in full (or appropriate credit arrangements are not made with us) when a reservation is confirmed, we may at any time prior to check-in cancel the reservation. 6.4. Personal Data You recognise that your personal data has been given to us for the purposes of making a reservation for carriage and providing you with confirmation of that reservation; providing and developing ancillary services and facilities; direct marketing (subject to your right to withdraw your authority); facilitating immigration and entry procedures; accounting, billing and auditing; checking credit or other payment cards; security, administrative and legal purposes; systems testing, maintenance and development; statistical analysis; ensuring our compliance with legal and regulatory obligations applicable to us; and helping us in any future dealings with you. For these purposes you authorise us to retain and use your personal data and to transmit it to our own offices, authorised agents, government agencies, other carriers or the providers of the services mentioned above wherever they may be located. 6.5. Seating We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted or is otherwise made available on the flight. 6.6. Fare non-refundable The fare will be payable by you if you fail to use space for which a reservation has been made, save as provided in Articles 10.2 and 11.1 or as otherwise provided in our Carrier's Regulations.
Article 7 Check-In and Administrative Formalities 7.1. Check-in deadlines You must arrive at the airport sufficiently in advance of the scheduled flight departure time to permit completion of Government formalities and check-in procedures. Check-in deadlines may vary at different airports and for particular flights. It is your responsibility to ensure that you comply with these deadlines details of which will be available at the time you make your reservation. In any event we reserve the right not to accept you for travel less than 40 minutes before the scheduled departure time of your flight. If you fail to present yourself for check-in by the time limits stated above, or appear to be improperly documented and not ready to travel, we may refuse to carry you and we are not liable for any loss or expense due to your failure to comply with the provisions of this Article. 7.2. Requirement for Check-in On check-in you are required to present certain information relating to your flight and identity. This must include the Confirmation Number of the flight which you have confirmed with us and an acceptable form of photographic identification. Details of these requirements, necessary for all flights (both international and domestic), are stated in our Carrier's Regulations. 7.3. General You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over and with our Carrier's Regulations and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions. 7.4. Travel Documents You are responsible for obtaining and must possess and have available for presentation as required all entry and exit, health and other documents required by laws, regulations, order, demands or requirements of the countries to be flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements. 7.5. Refusal of Entry You agree to pay the applicable fare and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissability into a country, whether of transit or destination. In such circumstances we will not refund any fare to you for flights with us that you are unable to fly for these reasons. 7.6. Passenger Responsible for Fines, Detention Costs, etc If we are required to pay or deposit 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 to be flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds in our possession. 7.7. Security Inspections You shall submit to any security checks or requirements by Government or airport officials or by us.
Article 8 Refusal and Limitation of Carriage 8.1. Right to refuse carriage We may refuse to carry you or your Baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that: (a) such action is necessary for reasons of security; (b) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; (c) your conduct, status, age or mental or physical condition or the physical condition of your Baggage is such as to: (i) require our special assistance (save where the "Special Needs" provisions of our Carrier's Regulations apply); or (ii) cause harm, discomfort or make yourself objectionable to other passengers or crew; or (iii) involve any hazard or risk to yourself or other persons or to property; or (d) you have committed misconduct on a previous flight and such conduct may be repeated; or (e) you have not observed, or may fail to observe, our instructions with respect to safety or security; or (f) you have refused to submit to a security check; or (g) the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between us and you (or the person paying the fare) have not been complied with; or (h) you do not appear to be properly documented; or (i) any of our documentation presented by you: (i) has been acquired unlawfully or has been purchased from an entity other than us or our authorised agent; or (ii) has been reported as being lost or stolen; or (iii) is counterfeit; or (iv) has been altered by anyone other than us or our authorised agent, or has been mutilated; in which case we reserve the right to retain such documentation; or (j) the person presenting for check-in or boarding cannot prove that he is the person named as the Passenger on the Ticket. We reserve the right to retain such Ticket in these circumstances. We reserve the right to refuse carriage without giving any reason. 8.2. Limitation on Carriage Unaccompanied minors, persons with special needs or pregnant women will only be accepted for carriage in accordance with our Carrier's Regulations.
Article 9 Baggage 9.1. Items Unacceptable as Baggage (a) You must not include in your Baggage: (i) items which do not constitute Baggage as defined in Article 1 hereof properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care in handling; (ii) items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA) and in our Carrier's Regulations (such documents are available from us on request); (iii) items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over; (iv) items which in our reasonable opinion are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items; (v) live animals, except as provided for in paragraph 9 of this Article; (vi) human remains except as provided in paragraph 10 of this Article. (b) 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 in accordance with our Carrier's Regulations. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA Dangerous Goods Regulations. (c) You must not include in Checked Baggage fragile or perishable items, money, jewellery, precious metals, silverware, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples. (d) Weapons such as antique firearms, swords, knives and similar items may at our reasonable discretion be accepted as Checked Baggage, in accordance with our Carrier's Regulations, but will not be accepted into the cabin. (e) If any items referred to in (a) (b) (c) or (d) of this paragraph are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions of Carriage applicable to the carriage of Baggage. 9.2. Right to Refuse Baggage (a) We may refuse carriage as Baggage of such items described above in Article 9.1 that are prohibited from carriage as Baggage and may refuse further carriage of any such items on discovery thereof. (b) We may refuse to carry as Baggage any item because of its size, shape, weight or character. (c) We may refuse to accept Baggage for carriage unless properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling. 9.3. Right to Search (a) For reasons of safety and security, we may require you to permit a search, x-ray or other type of scan to be made of your person and your Baggage, and may so search or have searched your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in Article 9.1 or any items or munitions which have not been presented to us in accordance with Article 9.1. If you are unwilling to comply with such requirement we may refuse without refund or other liability to carry you or your Baggage. In the event that a search or scan causes damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence. (b) If required, you must attend the inspection of your Baggage, checked or unchecked, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you through your failure to comply with this requirement unless due to our negligence. 9.4. Checked Baggage (a) Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. (b) Checked Baggage must have your name or other personal identification affixed securely to it. (c) Checked Baggage will 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 within a reasonable time of the arrival of that flight unless applicable law requires you to be present for customs clearance. 9.5. Free Baggage Allowance You may carry free of charge Baggage as specified and subject to the conditions and limitations contained in our Carrier's Regulations. 9.6. Excess Baggage Each Passenger is usually permitted to transport, free of charge, one standard piece of Checked Baggage up to a maximum weight, as specified in Carrier's Regulations. You will not be entitled to transport Baggage in excess of our free-of-charge allowance. If, in our entire discretion, Baggage in excess of the free Baggage allowance is accepted you shall pay a charge for the carriage of that excess Baggage at the rate and in the manner provided in our Carrier's Regulations. 9.7. Unchecked Baggage (a) Each Passenger is usually permitted to transport one standard piece of Unchecked Baggage in the cabin as hand Baggage to a maximum weight and size, in accordance with our Carrier's Regulations. Baggage which you carry on to the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size will not be permitted in the cabin. (b) Objects not suitable for transport in the cargo compartment will not be accepted for transportation in the cabin compartment except as otherwise provided in our Carrier's Regulations or with our express prior consent. The transport of such objects may be charged for separately. 9.8. Collection and Delivery of Baggage (a) You shall collect your Baggage as soon as it is available for collection at places of destination or stopover. If you do not collect it within a reasonable time, we may charge a storage fee. If Checked Baggage is not claimed within three (3) months of the time it was made available to you, we may dispose of it without any liability to you. (b) Only the bearer of the Baggage Identification Tag, delivered to the Passenger at the time the Baggage was checked, is entitled to delivery of Baggage. (c) If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery. (d) Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. 9.9 Animals (a) Save as provided below, the carriage of animals and livestock of any kind is forbidden. (b) Guide dogs accompanying sight/hearing and physically handicapped Passengers together with containers and food, will be carried free of charge in addition to the normal free Baggage allowance on domestic sectors in the United Kingdom only, subject always to our Carrier's Regulations. (c) Acceptance for carriage of the above animals is subject to the condition that the Passenger assumes full responsibility for such animal. We shall not be liable for injury to or loss, delay, sickness or death of such animal unless caused by our fault or negligence. 9.10. Human Remains Human remains will not be accepted for carriage on any route. However, the carriage of human ashes is accepted subject to our Carrier's Regulations.
Article 10 Schedules, Cancellation of Flights Schedules 10.1. We will take all reasonable measures necessary to carry you and your Baggage with reasonable dispatch and subject to Article 10.2(c) to adhere to published schedules in effect on the date of travel. Times shown in timetables, schedules or elsewhere are not guaranteed and form no part of the contract of carriage. Cancellation, Changes of Schedules, etc 10.2. At any time after a reservation has been made we may change our schedules and/or cancel, terminate, divert, postpone or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety. If we do so: (a) in the event of cancellation we will make a refund in accordance with Article 11 subject to any other options you may accept as stated in the Carrier's Regulations; (b) in the event of diversion we will arrange for you to be carried (at our expense) to the Agreed Stopping Place or place of destination to which the flight was intended to be bound; (c) in the event of delay or disruption to our published schedule we will apply the procedures set out in our Carrier's Regulations; and (d) we will have no other liability to you in any way whatsoever save as set out in our Carrier's Regulations. 10.3. Where a cancellation or significant alteration is made to our schedule before the date of your departure, we will use reasonable efforts to inform you of any such cancellation or alteration. 10.4. Except in the case of negligence or fault on our part our act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, we shall not be liable for errors or omissions in timetables or other published schedules as to the dates or times of departure or arrival or as to the operation of any flight. Denied Boarding 10.5. If we are unable to provide you with previously confirmed space on any flight, we shall provide you with compensation in accordance with our denied boarding compensation policy as referred to in our Carrier's Regulations. Details of this policy are available on request and at check-in counters.
Article 11 Refunds 11.1. General On failure by us to provide carriage in accordance with the contract of carriage or where a refund is payable in accordance with these Conditions of Carriage or our Carrier's Regulations, refund of the fare or portion thereof as applicable shall be made by us in accordance with this Article and with our Carrier's Regulations. In any other circumstances not covered in these Conditions of Carriage, we will not refund fares on request except in accordance with our Carrier's Regulations. 11.2. Taxes and Charges If after having made a reservation you do not fly with us, whether or not a refund of the fare is payable you will be entitled to claim a refund of any taxes or charges advised to you and payable by you in accordance with Article 5.2, which as a consequence we have no obligation to pay to any Government or other authority. We reserve the right to deduct a reasonable service charge from any such refund where you fail to fly with us despite a flight being available. 11.3.Person to whom refund will be made (a) We shall make a refund only to the person who has paid the fare or to that person's order, who may be required to produce satisfactory proof of original payment. (b) Except in the case of lost Tickets, refunds will only be made on surrender to us of the Tickets or any other documentation provided by us in relation to carriage. (c) A refund made to anyone presenting the Ticket or any other documentation provided by us in relation to carriage and holding himself out as a person to whom refund may be made in terms of subparagraphs (a) or (b) of this paragraph shall be deemed a proper refund and shall discharge us from liability and any further claim for refund. 11.4. Currency - We operate in Pounds Sterling - US Dollars or Euros All refunds will be subject to Government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the Ticket was paid for but may be made in another currency in accordance with our Carrier's Regulations. 11.5. Credit Card Charges Credit card charges are not refundable except where the flight is cancelled by us. 11.6. Refund Alternatives In circumstances where you accept an alternative to a refund the provisions of this Article will apply to that alternative.
Article 12 Conduct Aboard Aircraft 12.1. If in our reasonable 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 instruction of the crew or use any threatening, abusive or insulting words towards the crew or behave in any of these ways towards the crew, or behave in a disorderly manner or in a manner to which other Passengers may reasonably object, we may take such measures as we deem necessary to prevent continuation of such conduct including your restraint or removal from the aircraft. You may be prosecuted for offences committed on board the aircraft. 12.2. Unless we give our express prior permission, you are prohibited for reasons of safety from operating on board an aircraft any electronic equipment or similar devices except hearing aids and heart pacemakers. The equipment and devices which are prohibited from use include, but are not limited to, portable radios and recorders, mobile and cellular telephones, laptop computers, cassette and CD, DVD and MP3 players, electronic games or transmitting devices (including radio controlled toys and walkie-talkies). 12.3. If as a result of your conduct we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you must pay to us all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.
Article 13 Arrangements by the Carrier If in the course of concluding the contract of carriage by air we also agree to make arrangements with third parties for the provision of additional services, we shall make such arrangements only as your agent and shall have no liability to you except for negligence on our part in making such arrangements.
Article 14 Liability for Damage 14.1. Save as provided by the EC Regulation, carriage by us 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. 14.2. The following conditions apply to all carriage by us (whether in accordance with the EC Regulation or otherwise): (a) In the event of an accident resulting in the death, wounding or other bodily injury of a Passenger whilst on board an aircraft operated by us or in the course of any of the operations of embarking or disembarking, the amount of damages payable is not subject to any financial limit (be it defined by law, the Convention or contract). (b) If we prove that the damage was caused by, or contributed to by, the negligence of the deceased or injured Passenger we may be exonerated wholly or in part from our liability in accordance with applicable law. (c) In the event of an accident resulting in the death, wounding or other bodily injury to a Passenger whilst on board an aircraft operated by us or in the course of any of the operations of embarking or disembarking, we shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established (by a court or otherwise), make such advance payments as may be required to meet the immediate economic needs of that person on a basis proportional to the hardship suffered, provided that in the event of death the advance payment will not be less than the equivalent of 15,000 Special Drawing Rights per passenger. (d) Any advanced payment paid pursuant to (c) above: (i) shall not be construed as an admission of liability by us and is made without prejudice to any defence which we are entitled to assert; (ii) may be offset against any subsequent sums payable on the basis of us being held liable; (iii) is not returnable unless we subsequently prove that: (1) the damage was caused by, or contributed to by, the negligence of the deceased or injured passenger; or (2) the person who received the advanced payment caused, or contributed to, the damage by negligence; or (3) the person who received the payment was not the person to whom such compensation should properly have been paid. (e) Save to the extent that applicable law may otherwise provide, where any advanced payment paid pursuant to paragraph 2(c) above, or any part thereof, is returnable to us pursuant to paragraph 2(d)(iii) above, the person who received the payment concerned shall make the repayment to us immediately upon the relevant proof being established (in a court or otherwise), together with interest calculated from the date of receipt of the payment by that person until the date of repayment to us, at the then current judgment rate applicable in the court having jurisdiction. (f) In respect of any advance payment to be made pursuant to paragraph 2(c) above or any figure expressed in terms of an equivalent in ECUs to an amount in Special Drawing Rights: (i) the amount of the ECU equivalent shall be calculated at the prevailing rate set by the International Monetary Fund for the relevant date; (ii) in circumstances where the United Kingdom has not introduced the ECU as legal tender on the relevant date, any payment shall be made, or as the case may be any figure shall be interpreted, as Pounds Sterling by applying the prevailing market conversion rate for Pounds Sterling to ECUs for the relevant date of payment or determination as the case may be. (g) We confirm that we have liability insurance cover per passenger of at least 100,000 Special Drawing Rights and not less than the minimum amount stipulated by the Civil Aviation Authority. 14.3. Where carriage is in accordance with the EC Regulation, for claims for damages in excess of 100,000 Special Drawing Rights we may be exonerated if we can prove that we and our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures. 14.4. In respect of international carriage as defined by the Convention, our liability in respect of Baggage is limited as follows: (a) in respect of Checked Baggage, to the sum of 17 Special Drawing Rights or its equivalent per kilogram unless a higher valuation is declared to us at check-in of the Baggage concerned and a supplementary sum paid if required by us, in which case our liability shall be limited to such higher declared value (subject to such higher sum being limited to the value of the passenger's actual interest in delivery at destination); (b) in respect of Unchecked Baggage, to the sum of 332 Special Drawing Rights or its equivalent per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. 14.5. In carriage which is not international carriage as defined by the Convention, our liability is limited as follows: (a) 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 and the Air Carrier Liability Order 1998; or (b) if the law of the United Kingdom is not applicable and unless the applicable law otherwise requires we shall be liable for damages to you or your Checked or Unchecked Baggage only if such damage has been caused by our negligence or the negligence of our servants or agents. If there has been contributory negligence on your part our liability shall be subject to the applicable law relating to contributory negligence; (c) provided that, unless in accordance with the applicable law a different limit of liability applies, our liability is limited as follows: (i) in respect of Checked Baggage, to the sum of 17 Special Drawing Rights or its equivalent per kilogram unless a higher valuation is declared to us at check-in of the Baggage concerned and a supplementary sum paid if required by us, in which case our liability shall be limited to such higher declared value (subject to such higher sum being limited to the value of the Passenger's actual interest in delivery at destination); (ii) in respect of Unchecked Baggage, to the sum of 332 Special Drawing Rights or its equivalent per Passenger. 14.6. Special Drawing Rights shall be converted into the appropriate national currency as at the date of judgment or settlement. 14.7. To the extent not in conflict with the foregoing and whether or not the Convention applies: (a) We are liable only for damage occurring on our flights. A carrier issuing a ticket or checking Baggage on the flights of another carrier does so only as agent for such other carrier. Nevertheless, in cases where the Convention applies with respect to Checked Baggage a Passenger may also have a right of action against the first or last carrier (in addition to any right of action against the carrier who performed the carriage during which the accident or delay occurred). (b) We are not liable for damage to Unchecked Baggage unless such damage is 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. (c) We are not liable for damage arising from our compliance with any laws or Government regulations, orders or requirement, or from your failure to comply with the same. (d) Except in the case of acts or omissions done by us, our servants or agents with intent to cause damage or recklessly and with knowledge that damage to Checked Baggage would probably result, our liability shall be limited to 17 Special Drawing Rights per kilogram of the item of Checked Baggage concerned and in the case of damage to Unchecked Baggage shall be limited to 332 Special Drawing Rights per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Check or Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free Baggage allowance for the class of service concerned, as provided in our Carrier's Regulations save that if in the case of Checked Baggage a higher value is declared to us at check-in of the Baggage concerned and any supplementary charge required by us is paid, our liability shall be limited to such higher declared value. (e) Our liability shall not exceed the amount of proven damages. We shall furthermore not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising. (f) We are not liable for injury to a Passenger or for Damage to a Passenger's Baggage caused by property contained in such Passenger's Baggage unless that injury or damage is the result of fault or negligence on our part. Any Passenger whose property causes injury to another person or Damage to another person's property or to our property (which is not the result of fault or negligence on our part) shall indemnify us in respect of all claims against us and also for all losses and expenses incurred by us as a result thereof. (g) We are not liable for Damage to articles not permitted to be contained (whether or not we knew that such articles were so contained) in Checked Baggage as set out in Article 9 above except where and to the extent that the Convention otherwise provides. (h) If we carry you and your age or mental or physical condition is such as to involve any hazard or risk to you, we shall not be liable in any way whatsoever for any illness, injury or disability including death, attributable to such condition or for the aggravation of such condition arising out of the normal consequences of carriage by air. (i) Any exclusion or limitation of our liability shall apply to and be for the benefit of our agents, employees and representatives and any person whose aircraft is used by us and such person's agents, employees and representatives. The aggregate amount recoverable from us and from such agents, employees, representatives and person and such person's agents, employees and representatives shall not exceed the amount of our limit of liability. 14.8. Unless expressly provided nothing herein shall waive any exclusion or limitation of our liability under the Convention or applicable laws.
Article 15 Time Limitation on Claims and Actions 15.1 Notice of Claims No action shall lie against us in the case of damage (including partial loss) to Checked Baggage unless the person entitled to delivery complains to us forthwith after the discovery of such damage, and, at the latest, within seven days from the date of receipt; and in the case of delay, unless the complaint is made at least within 21 days from the date on which the Baggage has been placed at his disposal. Every complaint must be made in writing and dispatched within the time set out above. 15.2. Limitations of Actions Any right to damages shall be extinguished if an action is not brought against us within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court hearing the case. 15.3. Modification and Waiver No agent, employee or representative of ours has authority to alter, modify or waive any provision of these Conditions of Carriage.
Article 16 Choice of Law and Jurisdiction Unless otherwise provided by the Convention or any applicable law, Government regulations, orders or requirements: (a) these Conditions of Carriage and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of England; and, (b) any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to, governed by and construed in accordance with the laws of England and subject to the jurisdiction of the High Court of Justice London. Name of the Carrier MONARCH AIRLINES - FIRST LINE AIR ( SL ) LTD is operated by Monarch Airlines and represented in the UK by its agent First Line Air Ltd - 6 Artillery Passage, Bishopsgate, London E1 7LJ UNITED KINGDOM carrier's regulations These Carrier's Regulations apply to flights operated by or on behalf of First Line Air (SL) Ltd. They should be read in conjunction with our "Conditions of Carriage for Passengers and Baggage" certain provisions ("Articles") of which are referenced below. First Line Air (SL) Ltd is committed to providing all our customers with excellent service, and we are constantly looking at ways in which we can improve this. These Carrier's Regulations, which cover certain aspects of our booking, requirements for travel and customer service are designed to reflect this commitment, and in a number of respects go over and above our strict legal obligations. The following topics are covered: data protection price promise refunds and cancellation fees air travel organisers' licences (ATOLs) name changes flight transfers onward flights check-in denied boarding standbys baggage lost or damaged baggage passengers with special needs infants and unaccompanied minors expectant mothers carriage of live animals carriage of human remains delays and cancellations conduct on board data protection First Line Air (SL) Ltd is not registered under the 1998 UK Data Protection Act. We may use your personal information to process your flight booking and to notify you about new services and special offers we think you may find valuable Conditions of Carriage Article 6.4 Refunds and cancellation fees First Line Air (SL) Ltd does not refund save as provided in our "Conditions of Carriage for Passengers and Baggage" and in these Carrier's Regulations. Conditions of Carriage Article 6.6 You may cancel your booking if you do so within 24 hours of making the original booking provided the flight has not already departed, and you will receive a full refund (including taxes and charges but excluding any credit card fee). A cancellation fee per passenger per sector will be charged in accordance with the table below. Cancellation must be made via First Line Air Ltd. Requests for refunds will be considered in exceptional circumstances where passengers were not able to fly owing to bereavements or on medical grounds in respect of which reasonable evidence is provided. An administration fee (equivalent to the cancellation fee in the table below) per passenger per sector will be charged. The refund will normally be made in the form of a credit against future flights to the value of the original fare paid less the administration fee charged. Passengers must contact First Line Air Ltd. currency cancellation fee GBP 15.00 Euro 21.00 CHF 32.00 DKK 160.00 CSK 710.00 AIR TRAVEL ORGANISERS' LICENCES (ATOLs) ATOLs are issued by the Civil Aviation Authority (CAA) and are a legal requirement for certain persons selling air travel. This licence gives some protection to passengers in the event of that person (usually a business or company) failing ie going into Liquidation, and includes some travel agents, tour operators, conference organisers, sports travel companies etc. Particular exceptions to this requirement are where the customer purchases the travel direct from the airline or those of the airline's agents who provide a ticket immediately upon payment of the fare. The airline which will be operating the flight does not have to hold an ATOL. We cannot sell to any person seats which are then to be resold or included in a package deal unless that person holds a valid ATOL. Non-ATOL holders can purchase seats on behalf of their client if the transaction is made using the client's own credit or debit card, or if they provide to each of their customers on whose behalf they make a booking a copy of the relevant ATOL receipt which is required by the Civil Aviation (Air Travel Organisers Licensing) Regulations 1995 (as amended, substituted or re-enacted from time to time). Individuals can purchase seats on behalf of friends, relatives, or colleagues without holding an ATOL provided they do not intend to recover from them more than the fares which those individuals have paid on their behalf. Name Changes Names of passengers may be changed on payment of a "name change" fee (see tables below) per passenger, per one-way flight up to one hour before the scheduled time of departure of that flight. In addition, if there is a difference between the original fare paid and the current fare available at the time the change is made, the customer will be required to pay any increase in fare since the original booking. No refund will be given if the new fare is lower. Name changes are not possible if any flight sector in the booking has been flown or any unused flights have already departed. Bookings containing multiple sectors must have the same passenger name on all sectors. Name Change Fee GBP 10.00 Euro 14.00 CHF 22.00 DKK 110.00 CSK 460.00 Names of passengers can also be changed by telephoning First Line Air Ltd at least two hours prior to the flight's scheduled departure time, or by going to the airport representative at least one hour prior to the scheduled departure time. Name Change Fee GBP 15.00 Euro 21.00 CHF 32.00 DKK 160.00 CSK 710.00 Conditions of Carriage Articles 3.2 and 6.2 Flight Transfers Passengers can transfer reservations for an administration fee per passenger per one-way flight (see tables below), plus any difference in the total cost of the flight applicable at the time the change is made. If the available fare is lower on the new flight, no refund will be made. currency flight change fee GBP 10.00 Euro 14.00 CHF 22.00 DKK 110.00 CSK 460.00 A reservation can also be transferred to another flight by calling First Line Air Ltd on 0207 247 3747 at least two hours prior to the flight's scheduled departure time, or by going to the airport sales desk at least one hour prior to the scheduled departure time. (Calls charged at 10p per minute within UK) . currency flight change fee GBP 15.00 Euro 21.00 CHF 32.00 DKK 160.00 CSK 710.00 Conditions of Carriage Articles 3.2 and 6.2 Onward Flights Please note that First Line Air ( SL ) Ltd does not operate a connecting flights service, and therefore you will need to check in, with your luggage, for each sector of your journey. If you have booked an onward flight with this represents a separate contract and you are advised to allow at least 90 minutes between the scheduled arrival and departure times of the relevant flights. However it is your responsibility to ensure you check in on time for your onward flight and will not be liable to you in any way for missed connections. Check-In Passengers should present themselves at the appropriate check-in desks, which will normally open two hours before the scheduled time of departure. Passengers who present themselves later than 40 minutes prior to scheduled time of departure will not be accepted for travel, and will forfeit their seats. It is recommended that you check in two hours before the scheduled time of departure. Blind or deaf passengers travelling with a guide dog and those checking in firearms must check in at least 90 minutes prior to the scheduled time of departure or we may be unable to complete the check-in procedure in time for you to board your flight. Passengers must be able to quote their booking Confirmation Number. Conditions of Carriage Articles 7.1 and 7.2 If you arrive for check-in at the airport terminal too late to check in as required above, you will forfeit your flight and no compensation will be given. First Line Air ( SL ) Ltd has introduced enhanced security measures at every airport and on every flight. The airline now requires all passengers to provide photographic ID at check-in on all flights including domestic services. Acceptable forms of ID are: " A valid passport - an expired passport can be used up to a maximum of two years after expiry " Valid photographic EU or Swiss national identity card " Valid photographic driving licence " Valid armed forces identity card " Valid police warrant card/badge " Valid airport employees security identity pass " A child on parent' s passport is an acceptable form of ID " CitizenCard " Valid photographic firearm certificate " Valid Government-issued identity card " SMART card " Electoral identity card It is recommended that passengers have their child's birth certificate available at check-in. Passengers travelling on flights departing from, or arriving into, Geneva can only be accepted for travel with a valid passport or national identity card. This includes flights between Geneva and France. The documentary requirements for passengers on international flights are a valid passport or national identity card supported by any other relevant documentation such as visas where applicable. If you do not have one of the above means of identification, please contact First Line Air Ltd on 0207 247 3747 who will be able to advise you of any alternative arrangements which may be made. (Calls charged at 10p per minute within UK) TRAVEL TO SIERRA LEONE Because it is outside the EU, passengers' passports must be in date for at least 90 days to be permitted to travel to Sierra Leone. It is essential that the correct Visa is obtained in departing from Gatwick and returning to Gatwick from Freetown. employs Profilers who travel on each flight to ensure that correct documentation is presented prior to boarding. Intra-Schengen Flights The Schengen Agreement, 1995 created a borderless region and therefore travel within the designated Schengen area essentially does not involve any form of document checks by Immigration. Flights between Schengen States are considered as International flights and therefore passengers require a valid passport or ID card in order to travel from one Schengen state to another. Citizens of a Schengen state can be accepted for travel with an expired passport or national ID card for up to five years. Passengers who are not from a Schengen state but who are permanent residents in one of the Schengen states can travel in the Schengen area without a visa, they will be accepted for travel subject to production of a valid passport and their valid residency card. A residency card is not valid as a travel document unless accompanied by a valid passport. Denied Boarding First Line Air (SL) Ltd and Monarch Airlines makes every effort to provide seats for people who have a confirmed booking. Rarely, a seat may not be available at check-in on a flight which operates for which a passenger has a confirmed reservation and in these circumstances our denied boarding rules will apply. Denied boarding rules are available on request at check-in counters. Standbys First Line Air (SL) Ltd does not operate a standby policy. Baggage Conditions of Carriage Articles 8.1 and 9 Passengers and their baggage will be subjected to security screening throughout their journey. To assist us with this, please ensure that your cabin baggage is packed in such a way that, if requested by airport personnel at check-in, you are able to transfer articles into baggage to be checked in as hold baggage. In addition to the list of dangerous articles highlighted below, the following articles must not be carried on board as cabin baggage: Toys or replica guns (plastic or metal) Catapults Household cutlery Knifes with blades of any length Paper knifes Razor blades Tradesmen's tools Darts Scissors Hypodermic syringes (unless supported by medical evidence Knitting needles Sporting bats Billiard, snooker or pool cues Each passenger is usually permitted one standard piece of hand baggage to a maximum weight of 5kgs, dimensions 45x35x20cm, and a free allowance of standard checked-in hold baggage to a maximum weight of 30kgs. A fee of £ 3.00 per kg is charged prior to departure for excess weight over these allowances, as indicated in the table below. Each passenger is allowed a maximum hold baggage weight of 30 kilos including any sports equipment, subject to available space. The maximum weight for any single piece of baggage is 32 kilos. Freight or cargo items cannot be accepted as passenger baggage. In addition, passengers may carry on board a handbag, clutchbag, coat, umbrella, duty-free goods (small items), a laptop computer, car seats for infant passengers (see "infants and unaccompanied minors" below) and small items of photographic or scientific equipment. These will not form part of the above allowances. An additional fee is charged (see table below) for items that require manual handling e.g. surfboards, windsurfers, hang-gliders, unpackaged bicycles and firearms. There is no additional fee for the bicycle if it is packaged, boxed or bagged and will fit on the out-of-gauge belt; however it will still count as sporting equipment towards the baggage allowance. There is no additional fee for skis or golf equipment. Note that these additional fees are charged in addition to any excess baggage charge that may result from carriage of the items in question. Infants who share your seat do not have a baggage allowance. Our current excess baggage charges and additional fees appear in the table below. Excess Baggage Manual handling fee for windsurfers, unpackaged bicycles, hang-gliders, surfboards Firearms1 per item Per kg one way GBP 3.00 1. the carriage of firearms is strictly limited. Passengers must produce valid documentation of proof of ownership and legal authority for the possession of the firearm(s). Without such documentation firearms WILL NOT be carried.' (please see "Firearms and explosives" below) A cello may be carried in the cabin if a seat for it has been reserved and the appropriate fare paid. Otherwise will only carry musical instruments in the cabin if space is available and strictly subject to the Captain's discretion. They must fit into the overhead lockers. We do not carry wheelchairs with spillable (unsealed) batteries, stretchers, full-size prams, or engines. The carriage of small compressed oxygen or air cylinders is permitted for personal medical use only provided the cylinders are no bigger than 45 litres (or 4 cubic feet) in volume. Only one cylinder is allowed in the cabin. The following dangerous articles are not permitted in baggage whether cabin or hold baggage: " Gas cylinders. Deeply refrigerated flammable, non-flammable, and poisonous gases such as butane, oxygen, propane, and aqualung cylinders. Includes butane gas (eg for use with heated hair appliances) camping gas, and chef's blow torches " Flammable liquids and solids such as lighter or heater fuels, paint, and matches (except one box of matches or one cigarette lighter as provided below). " Poisons such as insecticides, weed killers, arsenic, and cyanide. " Radioactive material, oxidising materials, and organic peroxides such as bleaches and fibreglass repair kits. " Firearms and explosives. Handguns, automatic weapons, munitions, ammunitions including blank cartridges, pistol caps, fireworks, flares, smoke canisters, and crackers. Note: As an exception, sporting/competition firearms and a maximum of 5kgs of ammunition may be carried in hold luggage with appropriate paperwork, subject to available space, if declared at check-in and securely boxed or packaged (see note 1 above). " Infectious substances such as bacteria and viruses. " Corrosives such as mercury, acids, alkalis, and wet-cell batteries. Please note that passengers are not allowed to carry "strike anywhere" matches or disposable lighters under any circumstances. This applies to both hold and cabin baggage. Conditions of Carriage Article 9.1(b)You must not include in checked baggage fragile or perishable items, money, jewellery, precious metals, silverware, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples. Conditions of Carriage Article 9.1(c). If you are in any doubt about what items you can take or where you should pack them, call us in advance of travel or ask upon arrival at the check-in desk. Lost/Damaged Baggage Please see Article 14 of our Conditions of Carriage for Passengers and Baggage. If your baggage is damaged, lost or delayed during a flight, you must advise a member of Monarch Airlines ground handling staff at the airport of arrival immediately. In the event of loss or damage to baggage the airline's liability is normally limited to a maximum of 17 Special Drawing Rights per kg for checked baggage, and to a maximum of 332 Special Drawing Rights for unchecked baggage (regardless of weight). We will not be liable in any event in respect of loss or damage to baggage which is not permitted to be carried (see "baggage" above). Passengers are advised to take out their own insurance to cover the value of their baggage and its contents, particularly if they are carrying important or valuable items. Claims are dealt with up to the airline's limit of liability based on the weight of the items concerned. A Special Drawing Right is an international monetary unit (fixed by the International Monetary Fund), the value of which fluctuates daily and can be found in the Financial Times' guide to world currency. will not accept liability for valuable items which you are not permitted to include in your baggage (see "baggage" above). will not accept responsibility for the damage or loss of protruding parts such as wheels, straps, pull handles, or other items that are attached to baggage, or items lost as a result of badly packed baggage. It is our policy that if your baggage is delayed for more than 24 hours on your outbound trip, you can spend up to £25 per day per person on essential items, for a maximum of three days. To claim this allowance you must write to First Line AIr Ltd at c/o 6 Artillery Passage, Bishopsgate, London E1 7LJ. All claims must be supported by documentary evidence of purchases made (e.g. receipts). Passengers with special needs Passengers with special needs are those whose mobility is reduced due to physical incapacity (sensory or locomotory), intellectual deficiency, age, illness or any other cause of disability. is unable to accept those passengers with a level of disability which requires the presence of a care assistant unless a care assistant is travelling with the passenger. A maximum of two disabled passengers can travel with one Care Assistant. Passengers with special needs who book their seats over the telephone must advise the sales agent of their requirements at the time of booking. Passengers purchasing seats over the Internet must then contact First Line Air Ltd on 0207 247 3747 quoting their Confirmation Number, to give details of their requirements and for confirmation that they can be accommodated on their chosen flight(s). (Calls charged at 10p per minute within UK Passengers with special needs will not be allowed to sit in emergency exit rows of the aircraft in case of an emergency evacuation of the aircraft. Wheelchairs Wheelchairs and mobility aids weighing more than 60kgs (excluding battery) cannot be accepted for travel. Only wheelchairs and mobility aids weighing 60kgs or less (excluding battery) can be accepted. Passengers' folding wheelchairs will be carried free of charge in addition to their normal baggage allowance. The airline will only accept groups of three or more wheelchair passengers by prior arrangement. Wheelchairs that are powered by sealed, non-spillable types of battery are acceptable for carriage. The airline will not carry wheelchairs with un-sealed, spillable batteries. |
