CONDITIONS OF CARRIAGE (Passengers and their Baggage)

1. We will provide carriage only to the Passengers named in the Ticket, and you may be required to produce appropriate identification. A Ticket is not transferable. The Ticket is and remains at all times the property of the issuing carrier. In case of mutilation or loss of a ticket or part thereof or if you are unable to present the ticket or any unused flight coupons, when requested to do so, a new ticket will be issued to you, valid for the same time as the one originally issued, provided that you sign an agreement in terms whereof you undertake to reimburse us for any costs or losses up to the value of the original ticket necessarily and reasonably occurred by us or another carrier for misuse or fraud of the original ticket. The issuing carrier will levy an administration fee for its service unless the loss or mutilation was due lo the negligence of the carrier or its agent. Where you refuse to sign such an agreement the carrier will request you to pay the full ticket price for a replacement ticket.
2. The ticket is valid for the date as indicated on the ticket. Should you be unable to utilize the ticket within its period of validity due to the fact that we are unable to secure a reservation within the period of validity, the validity may be extended for a further period or you may request a refund of the ticket.
3. The carriage of passengers and their baggage is subject to any Special Conditions and Regulations of the Carrier/s displayed for inspection at their booking offices, insofar as the Conditions and regulation$ are not inconsistent with the Conditions and Provisions referred to or stated as follows: You must personally be present at check-in with your checked baggage. No third party check-in is allowed, you must personally be present no later than the time specified by us for boarding and check-in. We may cancel the space reserved for you if you fail to arrive in time.
4. We may refuse to carry you or your baggage if such action is necessary in order to comply with any applicable government laws, regulations or orders or if the carriage of you or your baggage may endanger or affect the safety, health and materially affect the passenger or crew or if your mental or physical state, including you impairment from alcohol or drugs, present a hazard or risk to passengers, to crew, or to property or if you have committed misconduct on a previous flight, and we have reason to believe that such conduct may occur again or if you have refused to submit to a security check or if you have not paid the applicable fare, taxes. fees or charges or if you present a ticket that has been acquired unlawfully, has been purchased from an entity other than us or an Agent, or has been reported as being lost or stolen, is a counterfeit, or if you cannot prove that you are the person named on the ticket or if you fail to observe our instructions with respect to safety or security or if any other reason on circumstance exists which in our reasonable opinion entitles us to refuse or carry you or if you have previously committed one of the acts or omissions referred to above. You will be entitled to a refund in the above named circumstances, unless your ticket has not been paid or the ticket is fraudulent.
5. The Carrier/s are not obliged to accept luggage or baggage with a “Special Declaration of Value”. You must not include in your Baggage items the carriage of which is prohibited by the applicable laws, regulations or orders of any state; items which are reasonably considered by us to be unsuitable for carriage because they are dangerous by reason of their weight, size, shape or character, or which are fragile or perishable having regard lo the type of aircraft being used. Information about unacceptable items is available upon request; any firearms, ammunition or weapons of any nature. If despite being prohibited, any items referred to above, has been carried, we shall not be liable or responsible for any loss or damage of such items.
6. Should you be entitled to a refund of your ticket under the provisions of Paragraph 2, a refund will be made lo you personally upon the delivery of the original issued ticket to us to the amount equal to the value of the ticket. Refunds to the value of the ticket will also be made should we cancel a flight, fail to operate a fight according to schedule on which you hold a reservation. Refunds will only be made on the delivery of the originally issued ticket and should you and the operators are unable to arrange an alternative night.
7. Passengers on a journey including an ultimate destination or stop in a country other than the country of departure are advised that the Warsaw Convention may be applicable. The Warsaw Convention governs and in most cases limits the liability of carriers for death or personally injury and in respect of loss or damage to baggage and personal effects. In all cases in which the carriage is not governed by the said Convention, carriage is only accepted at the passengers risk and upon the specific conditions that Carrier/s their servants and agents shall be under no liability for any damage of any kind whether caused or occasioned during carrying by air or in connection with auxiliary services incidental to the carriage by air or whether or not caused or occasioned by act, omission, neglect, gross neglect or omission or default of the carrier/s their servants or agents. The passenger hereby indemnifies the Carriers against any claims for compensation for any damage, loss or injury whether sustained on board the aircraft or in the course of any of the operation of flight embarking or disembarking caused directly or indirectly to him or his belongings which indemnity shall extend to the passenger’s dependant, estate or any person whomsoever. In the event of the Conditions and Regulations staled or referred above or any part thereof relating to the exclusion of limitation of the liability of the Carrier/s being contrary to the Law of the State or territory in the Court of which an action is brought, the liability of the Carrier/s shall be excluded or limited insofar as the law permits, and the Carrier/s shall be entitled to the benefit of every exclusion or limitation of liability permitted by such law. Any action against the Carrier/s shall be brought only in the Court of the State or territory in which the principal place of business of the Carrier/s is situated. We are not liable for any damage caused by your Baggage. You shall be responsible for and shall reimburse any damage caused by your Baggage lo other persons or property, including our property. We shall have no liability whatsoever for damage lo articles not permitted to be contained in baggage including fragile or perishable items, items having a special value, electronic device, jewellery, precious metals, equipment, negotiable papers, securities, or other valuables, business documents, passports and other identification samples.
8. Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery is sufficient evidence that it has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you file an action regarding damages to checked baggage, you must notify us as soon as you discover the damage, and at the latest seven (7) days within receipt of the baggage.
9. Any right to damages shall be extinguished if an action is not brought within two (2) years of the date of the flight. The method of calculation will be determined by the law of the Court where the case is to be heard.
10. THE CARRIER hereby warrants that it is insured in accordance with the Regulations promulgated in terms of the AIR SERVICES LICENSING ACT, 1991 (Act No 115 of 1990) and more specifically REGULATION 5 thereof.