If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage. See also notice headed "Advice to International Passengers on Limitation of Liability."
As used in this contract "ticket" means this passenger ticket and baggage check, or in the case of a whole charter the charter contract, of which these conditions and notices form part.
"Carriage" is equivalent to "transportation".
"Carrier" means all air carriers that carry or undertake to carry the
passenger or his/her baggage hereunder or perform any other service
incidental to such air carriage.
"WARSAW CONVENTION" means the Convention for the unification of
Certain Rules Relating to International Carriage by Air signed at
Warsaw, 12th October, 1929 or that Convention as amended at The Hague,
28th September, 1955, whichever may be applicable.
The carriage hereunder is subject to the rules and limitations relating to any liability established by the Warsaw Convention unless such carriage is not "International Carriage" as defined by the Convention.
To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to:
The provisions contained in this ticket;
Applicable tariffs;
Carrier's conditions of carriage and related regulations which are made part hereof and are available on application at the offices of carrier, except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
The carrier's name may be abbreviated on the ticket or charter contract, with the full name and its abbreviation being set forth in the carrier's tariffs, conditions of carriage, regulations or timetables. The carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name on the ticket. The agreed stopping place is those places set forth in this ticket or as shown in carrier's timetables as scheduled stopping places on the passenger's route. Carriage to be performed hereunder, by several successive carriers, is regarded as a single operation.
Checked baggage will be delivered to the bearer of the baggage check. In the case of any damage to baggage moving international transportation, a complaint must be made in writing to carrier forthwith after discovery of damage. A ticket is good for carriage for 3 months from date of issue, except as otherwise provided in this ticket; in carrier's tariffs; conditions of carriage; or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. The carrier may refuse transportation if the applicable fare or charter price has not been paid.
The carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. The carrier may, without notice, substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket or charter contract in the case of necessity. Schedules are subject to changes without notice. Further, the carrier assumes no responsibility for making connections.
The passenger shall comply with government travel requirements, present exit, entry and other required documents, and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.
No Agent, servant, or representative of carrier has authority to alter, modify or waive any provision of this contract.
The following are the General Conditions of Carriage applying to the carriage of passengers and baggage on “Elysian Airlines" routes.
In these Conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them.
We, our, ourselves, and us means Elysian Airlines.
You, your, and yourself means any person, except members of the crew, carried or to be carried in an aircraft having a ticket or charter confirmation, including an electronic ticket, if applicable, valid for the transportation. See also the definition for passenger.
Agreed stopping places means those places, except the place of departure and the place of destination, set out in the ticket or charter contract shown in our timetables as scheduled stopping places on your route.
Airline designator code means the two characters or three letters which identify particular air carriers.
Authorized agent means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
Baggage means your personal property accompanying you in connection with your trip. Unless otherwise specified or unless the context otherwise requires, it includes both your checked and unchecked baggage.
Baggage check means those portions of the ticket or charter contract 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 or other means of acceptance.
Conditions of contract means those statements contained in or delivered with your ticket or itinerary/receipt, identified as such and which incorporate these Conditions of Carriage by reference, and notices.
Conjunction ticket means a ticket issued to you with relation to
another ticket which together constitute a single contract of
carriage.
Convention means whichever of the following instruments are
applicable.
The Convention for the Unification of Certain Rules Relating to
International Carriage by Air, signed at Warsaw, 12 October 1929,
hereinafter referred to as the Warsaw Convention.
The Warsaw Convention as amended at The Hague on 28 September 1955.
The Warsaw Convention as amended b Additional Protocol No. I of Montreal (1975).
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975).
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975).
As supplemented by the Guadalajara Convention (1961) where applicable.
Coupon means both a paper flight coupon and an electronic coupon.
Damage includes death, wounding, and bodily injury to a passenger, which results in loss, partial loss, theft or other damage arising out of or in connection with carriage or other services incidental to services performed by us.
Days mean calendar days, including all seven days of the week; provided that, for the purpose of notification, the day on which notice is dispatched shall not be counted; and furthermore, for purposes of determining duration of validity of a ticket, the day upon which the ticket is issued, or the flight commenced shall not be counted.
Electronic coupon means an electronic flight coupon or other value document held in our database.
Electronic ticket means the itinerary/receipt issued by us or on our behalf, the electronic coupons and, if applicable, a boarding document.
Extraordinary Circumstances means the definitions of Extraordinary Circumstances as determined by the European Union National Enforcement Bodies (NEB) which include but are not limited to the following: War/ Political Instability, Government Decrees, VIP flight movements, Instructions by the Airport Operator, Security issues, Weather conditions incompatible with the safe operation of the flight. These weather conditions may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft; port, etc. Airport Closure, Medical Emergency, Bird-strike, unexpected flight safety issues; Industrial Relations Issues and Air Traffic Management.
Flight means a flight from one point indicated on the ticket to the next.
Flight coupon means that portion of the ticket that bears the notation good for passage, or in the case of an electronic ticket, the electronic coupon, and indicates the particular places between which you are entitled to be carried.
Itinerary/receipt means a document or documents we issue to passengers travelling on electronic tickets or charter contract that contains the passenger name, flight information and notices.
Passenger means any person, except members of the crew, carried or to be carried in an aircraft, with our consent or with the consent of the carrier. See also the definition for you, your and yourself.
Passenger coupon or passenger receipt means that portion of the ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
Stopover means a scheduled stop on your journey at a point between the place of departure and the place of destination.
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.
2.1 General:
Subject to Article 2.2, 2.4, and 2.5, these conditions of carriage
will apply to all flights or flight segments where our name or airline
designator code is indicated in the carrier box of the ticket for that
flight or flight segment.
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 Code Shares:
On some services we have arrangements with other carriers knows as
"Code Share". This means that even if you have a reservation with us
and hold a ticket where our name or airline designator code is
indicated as the carrier, another carrier may operate the aircraft. If
such arrangements apply, we will advise you of the carrier operating
the aircraft before your purchase your ticket.
2.4 Overriding law:
These conditions of carriage are applicable unless they are
inconsistent with tariffs or applicable law in which event such
tariffs or laws shall prevail. If any provision of these conditions
of' carriage is invalid under any applicable law, the other provisions
shall nevertheless remain valid.
2.5 Conditions prevail over regulations:
Except as provided in these conditions of carriage, in the event of
inconsistency between these conditions of carriage and any of our
regulations dealing with particular subjects, these conditions of
carriage shall prevail.
3.1 Requirement for valid ticket:
3.1.1 We will provide carriage only to the passenger named in the
ticket or charter contract and you may be required to produce
appropriate identification.
3.1.2 A ticket or charter contract is not transferable.
3.1.3 When a ticket has been issued by us or by one of our agents on
our behalf it is and remains at all times our property.
3.1.4 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.
3.2 Period of validity:
3.2.1 Except as otherwise provided in the ticket or in tariffs, these conditions, which may limit the validity of a ticket, in which case limitation will be shown on the ticket, a ticket is valid for:
1 Year (One Year) from the date of issue.
First travel includes:
3.2.2 Coupon sequence and use:
3.2.3 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.
3.3.3 The ticket you have purchased is valid for transportation from your point of origin, via agreed stop-over and/or transfer points, to the destination as shown on your ticket. The fare you have paid is calculated on the basis of the entire journey shown on the ticket.
3.3.4 Name and address of carrier:
Our name may be abbreviated to our airline designator code in the
ticket. Our address shall be deemed to be the airport of
departure shown opposite the first reference to our designator code in
the "carrier" box in the ticket or, in the case of an electronic
ticket, as indicated for our first flight set out in the
itinerary/receipt.
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.
4.2 Applicable fares:
Subject to Article 4.3, applicable fares are those in effect on the
date of payment in full for the ticket. Should you change your
itinerary or dates of travel, this may impact the fare to be paid.
4.3 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 and most of
these will normally be shown separately on the ticket.
5.1 Reservation requirements:
5.1.1 Reservations are not confirmed until recorded as accepted by us or by our authorized agent. All reservations require payment before a ticket can be issued.
5.1.2 Certain fares have conditions which limit or exclude your right to change or cancel reservations.
5.2 Ticketing time limits:
If you have not paid for the ticket within the specified time limit which we or our authorized agent have specified, we may cancel your reservations
5.3 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.
5.4 Seating:
We may not provide seat selection or allocation service on all of our
flights. 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.
5.5 Reconfirmation of reservations and Contact details
Onward or return reservations on Elysian Airlines operated flights are
not subject to a requirement to reconfirm the reservation. It is your
responsibility to ensure that your e-mail and Mobile phone contact
details are correct in your reservation record and that you enable SMS
when roaming.
6.1 For domestic flights check-in normally opens 90 minutes before departure time and closes 30 minutes before the departure. For Regional flights check-in normally opens 120 minutes before departure and closes 45 minutes before departure time. Precise details are shown on your e-ticket or itinerary. Your journey will be smoother if you allow yourself ample time for check-in. Please note that Elysian airlines reserve the right to cancel reservations of passengers who arrive at a check-in desk later than the times indicated and you will be considered a ‘No Show’. If you ‘No Show’ you forfeit the value of your ticket.
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.
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 that we would
not at any time after the date of such notice carry you on our
flights. In this circumstance you will be entitled to a refund.
We may also refuse to carry you or your baggage if one or more of the
following have occurred or we reasonably believe may occur:
7.1.1 Such action is necessary in order to comply with any applicable Government laws, regulations or orders of any state or country to be flown from, into or over;
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 flight crew;
7.1.3 Your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;
7.1.4 You have committed misconduct on a previous flight;
7.1.5 You have refused to submit to a security check;
7.1.6 You have not paid the applicable fare, taxes or charges;
7.1.7 You do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your documentation during flight or refuse to surrender your travel documents to the flight crew against receipt, when so requested;
7.1.8 You present a ticket that has been acquired unlawfully, has been purchased from an entity other than us or our authorized agent, or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the ticket;
7.1.9 You have not used the coupons in sequence, or you present a ticket, which has been issued or altered in any way, other than by us or our authorized agent, or the ticket is mutilated;
7.1.10 You fail to observe our instructions with respect to safety or security; and
7.1.11 You have previously committed one of the acts or omissions referred to above.
7.2 Special assistance:
Acceptance for carriage of incapacitated persons, pregnant women, and
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 or no later than 48 hours before departure and been
accepted by us shall not subsequently be refused carriage on the basis
of such disability or special requirements.
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
authorized agent, and shown below.
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 displayed on our
website, www.elysianairlines.com.
8.3 Items unacceptable as baggage:
8.3.1 You must not include in your baggage:
Items which are likely to endanger the aircraft or persons or property
on board the aircraft, such as those specified in the International
Civil Aviation Organization (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, and
shown below.
Items the carriage of which is prohibited by the applicable laws,
regulations or orders of any state to be flown from or to;
Items, which are reasonably considered by us to be unsuitable for
carriage because they are dangerous, unsafe, by reason of their
weight, size, shape or character ( such as vehicle spare parts, tyres,
or other large mechanical items) or which are fragile or perishable
having regards 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. We may at our discretion accept firearms and ammunition for hunting and sporting purposes as checked baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 8.3. 1. 1.
8.3.3 We may, at our discretion, accept as checked baggage, weapons, such as antique firearms, swords, knives and similar items, but they will not be permitted in the cabin of the aircraft.
8.3.4 You must not include in checked baggage money, jewellery, keys, precious metals, computers, electronic devices, 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 Articles 8.3.I, 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 Articles 8.3.2 we will refuse to carry as baggage any items described in Article 8.3, and we may refuse further carriage of any such items on 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, contents or character, safety, 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.
8.5 Right of search:
For reasons of safety and security we may request that you permit a
search, x-ray, or other type of scan be made of your person and
baggage. If you are not available, your baggage may be searched
in your absence for the purpose of determining whether you are in
possession of or whether your baggage contains any item described in
Article 8.3.l or any firearms, ammunition or weapons, which have not
been presented to us in accordance with Articles 8.3.2 or 8.3.3.
If you are unwilling to comply with such request, we may refuse to
carry you and your baggage. In the event an x-ray or other scan
causes damages to you or your baggage, we shall not be liable for such
damage unless due to our fault or negligence.
8.6 Checked baggage
8.6.1 On delivery to us of your baggage which you wish to check or of your baggage which we require you to check prior to boarding 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. Please also note our rules on carriage of excess baggage shown below.
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 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.
8.7.2 We will, when space permits, allow you to carry a 'laptop' personal computer, over and above your cabin baggage allowance. When space does not permit, we may require the laptop to be assessed as part of your free baggage allowance, and carry as checked baggage the laptop and such other items of baggage that otherwise would be carried in the passenger cabin. In such instance the airline is not liable for any damage or loss of the personal computer.
8.7.3 Objects not suitable for carriage as checked baggage (such as delicate musical instruments) and which do not meet the requirements in Article 8.8.1, will only be accepted for carriage in the passenger cabin if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
8.8 Collection and delivery of checked baggage:
8.8.1 You are required to collect your checked baggage as soon as it
is made available at your destination.
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 deliver the baggage to such person only on
condition that he or she establishes to our satisfaction his or her
right to the baggage.
9.1 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 time of
flights, often for reasons beyond our control, and consequently times
shown in timetables cannot be guaranteed. Please refer to Article 10.2
regarding refunds in such situation.
9.2 Cancellation, rerouting, delays, etc.:
9.2.1 Cancelled Flights
Our liability is limited to persons already holding confirmed ticketed
reservations.
If your flight is cancelled by us or if the revised departure time is
not convenient to you the procedures outlined below will apply.
Except if the flight is cancelled due to Extraordinary Circumstances
outside of our control you will be offered a choice of:
Flight is cancelled at any time before the day of departure
a) A full refund for the unused part of the ticket OR
b) Re-routing on another Elysian Airlines scheduled flight to the same
destination OR to an alternative Elysian Airlines destination in the
same country on a date of your choosing within one month and subject
to availability of seats
Flight is cancelled on the day of departure
a) A full refund for the unused part of the ticket
9.2.2 If the passenger or customer cancels a charter flight they must
refer to the terms and conditions of their invoice regarding
penalties.
9.2.3 Departure times are shown on the charter confirmation. Should the passengers not be ready to board at a time to meet that departure time then this constitutes a no show in accordance with 9.2.2 above. The company will use its best efforts to make alternative arrangements wherever possible but is under no obligation whatsoever so to do. Any additional costs arising as a result of the company making alternative arrangements will be payable by the passengers prior to departure.
9.3 Substitution of Carrier/Aircraft:
We reserve the right to substitute an alternative carrier and/or
aircraft.
9.4 Flight and Name Changes
No changes can be made to a reservation once a passenger has checked
in for a flight.
Flight changes, subject to seat availability, can be made prior to the
scheduled flight departure time either online or via a reservation
centre, subject to opening hours.
Flight dates, times, and routes are changeable subject to seat
availability and may be subject to a ‘Change Fee’, details of which
are available on the web site, www.elysianairlines.com. In addition,
to these flight change fees, any price difference between the original
total price paid and the lowest total price available at the time of
the flight change is charged. Please note that if the total price on
the new flight is lower, no refund will be made.
Name changes are not permitted and tickets are non-transferable.
10.1 General:
In those instances when a refund is authorised, we will refund a
ticket or any unused portion in accordance with the applicable fare
rules or tariff, as follows:
10.1.1 Except as otherwise provided in this Article, we shall be entitled to make refund either to the person named in the ticket or to the person who has paid for the ticket, upon presentation of satisfactory proof of such payment.
10.1.2 If a ticket has been paid for by a person other than the passenger named in the ticket, and the ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the ticket, or to that person's order.
10.1.3 Except in the case of a lost ticket, refunds will only be made on surrender to us of the ticket and all unused flight coupons.
10.2 Right to refuse refund:
10.2.1 We may refuse a refund where application is made after the expiry of the validity of the ticket.
10.3 Currency:
We reserve the right to make a refund in the same manner and the same
currency used to pay for the ticket.
10.4 By whom ticket refundable:
Refunds will be made only by the country from which originally issued
the ticket or by its agent if so authorised.
11.1 General:
If in our opinion you conduct yourself on board the aircraft so as to
endanger the aircraft or any person or property on board; obstruct the
crew in the performance of their duties; or fail to comply with any
instructions of the crew including but not limited to those with
respect to smoking, alcohol, or drug consumption; or behave in a
manner which causes discomfort, inconvenience, damage or injury to
other passengers or the crew, we may take such measures as we deem
reasonably necessary to prevent continuation of such conduct,
including restraint. You may be disembarked and refused onward
carriage at any point or refused any further carriage on the whole of
our flight network. Further, you may be prosecuted for offences
committed on board the aircraft.
11.2 Electronic devices:
For safety reasons, we may forbid or limit operation on board 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.
12.1 Provision of 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 of services, other than carriage by air,
provided by a third party such as hotel reservations or car rental, in
doing so, we act only as agent for such third party, whose terms and
conditions will apply.
13.1 General:
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.
13.1.1 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.
13.2 Travel documents:
Prior to travel, you must present all exit, entry, health, and other
documents required by law, regulation, order, demand, or other
requirement of the countries concerned, and permit us to take it and
retain copies thereof. We reserve the right to refuse carriage if you
have not complied with these requirements or your travel documents do
not appear to be in order.
13.3 Refusal of entry:
If you are denied entry into any country, you must pay to us the cost
of any fine or charge assessed against us by the Government concerned
and the cost of transporting you from that country. The fare
collected for carriage to the point of refusal or denied entry will
not be refunded by us.
13.4 Passenger responsible for fines, detention costs, etc.:
If we are required to pay any fine or penalty or to incur any
expenditure by reason of your failure to comply with laws,
regulations, orders, demands, or other travel requirements of the
countries concerned or to produce the required documents, you shall
reimburse us on demand any amount so paid or expenditure so incurred.
We may apply towards such payment or expenditure the value of any
unused carriage on your ticket or any of your funds in our possession.
13.5 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.
13.6 Security inspection:
You shall submit to any security checks by governments, airport
officials, carriers, or by us.
14.1 The liability of Elysian Airlines will be determined by its own Conditions of Carriage. Our liability provisions are as follows:
14.1.1 Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.
14.1.2 Where your carriage is not subject to the liability rules of the Convention, the following rules shall apply:
14.1.3 (a) Any liability we have for damage, will be reduced by any negligence on your part which causes or contributes to the damage in accordance with applicable law.
14.1.4 (b) We will be liable only for damage occurring during carriage on flights where our airline designator code appears in the carrier box of the ticket for that flight.
14.1.5 (c) We will not be liable for damage to unchecked baggage unless such damage is caused by our negligence.
14.1.6 (d) We are not liable for any damage arising from our compliance with applicable laws; government rules and regulations; or from your failure to comply with the same.
14.1.7 (e) 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:
(i) Any losses or costs not reasonably foreseeable by us at the time
the contract of carriage was concluded;
(ii) Any losses or costs caused otherwise and by our breach of
contract or breach of duty, to you;
(iii) Any loss of profits or business losses;
(iv) Any losses which indirectly flowed from the breach of contract or
breach of duty to you; and
(v) Any indirect or consequential loss
14.1.8 (f) 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.
14.1.9 (g) We shall have no liability whatsoever for damage to articles not permitted to be contained in checked baggage under Article 8.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
14.2.1 (h) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
14.2.2 (i) 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.
14.2.3 (j) 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.
15.1 Notice of claims:
15.1.1 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.
15.1.2 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. Every such notification must be made in writing.
Please check the web site and/or your ticket for details of the free
baggage allowances for checked and hand/cabin baggage.
In addition to the free baggage allowance a passenger may carry free
of charge; A fully collapsible disabled person's wheelchair and/or
crutches, and/or braces or other prosthetic device for the passenger's
use; and
Certain items such as, infant carrying baskets or carrycots,
wheelchairs and walking aids other than sticks or crutches must be
labelled and stowed in the checked baggage compartment.
Note: An infant carrying basket or bassinet will not
be transported in the aircraft cabin unless the size of the basket or
the bassinet will permit it being secured by a seat belt and a seat is
reserved for the infant and a child's fare paid.
Excess/oversized/ overweight baggage may be accommodated subject to
space and the payment of the applicable charges. During certain peak
times and for travel to/from certain markets excess baggage is not
accepted under any circumstances. To avoid excess baggage charges all
baggage must meet specified requirements.
No single item weighing more than 20 kg will be accepted as checked
baggage.
Extra pieces of baggage (that is pieces in excess of the above
allowance) will be subject to excess baggage charges and will only be
accepted on a space available (standby) basis.
Perishable items will not be accepted as standby baggage
Baggage taken on a standby basis will be accepted with the understanding that Elysian Airlines is not liable for delays in the transportation of the baggage to its destination. Also, Elysian Airlines will not accept responsibility for the customs clearance and/or the ground transportation cost incurred by passengers for the collection of stand by baggage.
Issued By: Elysian Airlines