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Air transportation, whether it is domestic or international (including domestic portions of international journeys), is subject to the individual terms of the transporting air carriers, which are herein incorporated by reference and made part of the contract of carriage. Other carriers on which you may be ticketed may have different conditions of carriage. International air transportation, including the carriers' liability, may also be governed by applicable tariffs on file with the U.S. and other governments and by the Warsaw Convention or the Montreal Convention.. Incorporated terms may include, but are not restricted to:
- Rules and limits on liability for personal injury or death.
- Rules and limits on liability for delay.
- Rules and limits on liability for baggage, including fragile or perishable goods, and availability of excess valuation charge.
- Claims restrictions, including time periods in which passengers must file a claim or bring an action against the air carrier.
- Rights of the air carrier to change terms of the contract.
- Rules on reconfirmation of reservations, check-in times, and refusal to carry.
- Rights of the carrier and limits on liability for delay or failure to perform service, including schedule changes, substitution of alternate carriers or aircraft and rerouting.
You can obtain additional information on items 1 through 7 above at any U.S. location where the transporting air carrier's tickets are sold. You have the right to inspect the full text of each transporting carrier's terms at its airport and city ticket offices. You also have the right, upon request, to receive free of charge the full text of the applicable terms incorporated by reference from each of the transporting air carriers. Information on ordering the full text of each carrier's terms is available at any U.S. location where the air carrier's tickets are sold.
WARSAW AND MONTREAL NOTICES
If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention or the Montreal Convention may be applicable and the applicable Convention governs and in most cases limits the liability of carriers for death or personal injury, delay, and in respect of loss of or damage to baggage. See also notices headed "Notice of Baggage Liability Limitations" and "Advice to International Passengers on Limitation of Liability".
NOTICE OF CONTRACT TERMS INCORPORATED BY REFERENCE
As used in this contract "ticket" means the passenger ticket and baggage check, of which these conditions and the notices form part; "carriage" is equivalent to "transportation"; "carrier" means any air carrier that carries or undertakes to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage; "electronic ticket" means the Itinerary/Receipt issued by or on behalf of Carrier, the Electronic Coupons and, if applicable, a boarding document; and "SDR" means the Special Drawing Right as defined by the International Monetary Fund (as of April 2004, 1 SDR ~ $1.50). "Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, and/or that Convention as amended at The Hague, 28th September 1955, and/or that Convention as amended at Montreal, 25th September 1975, and/or that Convention as amended at Montreal, 25th September 1975, whichever may be applicable. "Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, 28th May 1999.
Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not "international carriage" as defined by the applicable Convention. To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to: (I) provisions contained in this ticket, (II) applicable tariffs, (III) carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier) except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in carrier's timetables as scheduled stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation. A carrier issuing a ticket for carriage over the lines of another carrier does so only as its Agent.
Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives. Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation.
This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in carrier's tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.
Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.
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. Presentation of a valid ticket entitles the passenger to transportation only between the points and via the routing designated thereon. Flight coupons will be honored only in the order in which they were issued. Tickets are not transferable to others.
A reservation is subject to cancellation by the carrier if the passenger is not available for boarding at the loading gate at least 10 minutes prior to scheduled departure for flights between U.S. points or up to 30 minutes for all other travel. Failure to occupy reserved space may result in the carrier canceling continuing, connecting, or returning space reserved by the passenger.
CARRIER RESERVES THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR CARRIER'S TARIFFS, RULES OR REGULATIONS
NOTICE OF BAGGAGE LIABILITY LIMITATIONS
Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For international travel (including domestic portions of international journeys) to which the Warsaw Convention applies the liability limit is approximately $9.07 per pound ($20 per kilogram) for checked baggage and $400 per passenger for unchecked baggage. For international travel (including domestic portions of international journeys) to which the Montreal Convention applies the liability limit is approximately $1500 (1000 SDR) per passenger for all baggage. For travel wholly between U.S. points federal rules require any limit on an airline's baggage liability to be at least $2800 per passenger. Excess valuation may be declared on certain types of articles. Some carriers assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the carrier.
NOTICE--OVERBOOKING OF FLIGHTS
Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask for volunteers willing to give up their reservation in exchange for a payment of the airline's choosing. If there are not enough volunteers the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions persons denied boarding involuntarily are entitled to compensation. The complete rules for the payment of compensation and each airline's boarding priorities are available at all airport ticket counters and boarding locations. Some airlines do not apply these consumer protections to travel from some foreign countries, although other consumer protections may be available. Check with the airline or your travel agent. For all flights departing from the European Union and all flights to the European Union if on an European operating carrier, if you are denied boarding or you flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding date for the text stating your rights, particularly with regard to compensation and assistance. For further information on your air passenger rights for these flights, see the European Commission Web site
ADVICE TO INTERNATIONAL PASSENGERS ON LIMITATION OF LIABILITY
Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of the Warsaw Convention or the Montreal Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers to whom the Warsaw Convention applies on a journey to, from, or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage and/or applicable tariffs provide that the liability of certain carriers for death of or personal injury to passengers is limited in most cases to proven damages not to exceed $75,000 per passenger, and that liability up to such limit shall not depend on negligence on the part of the carrier. The limit of liability of $75,000 above is inclusive of legal fees and costs except that in case of a claim brought in a state where provision is made for separate award of legal fees and costs, the limit shall be the sum of $58,000 exclusive of legal fees and costs. The names of carriers that are parties to such special contracts and/or applicable tariffs are available at all ticket offices of such carriers and may be examined on request. In addition, some carriers have adopted a limit of approximately $150,000 (100,000 SDR) per passenger, pursuant to the U.S. Department of Transportation Order 97-1-2 (10th January 1997). For such passengers traveling by a carrier not a party to such special contracts and/or applicable tariffs or on a journey not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for death or personal injury to passengers is limited in most cases to approximately $10,000 or $20,000.
For such passengers to whom the Montreal Convention applies, the Convention provides that the liability of carriers for death or personal injury to passengers is approximately $150,000 (100,000 SDR) per passenger, and that liability up to such limit shall not depend on negligence on the part of the carrier. In addition, the liability of carriers for death or personal injury to passengers is unlimited if death or personal injury was due to the negligence or other wrongful act or omission of the carrier or its servants or agents. The Convention also provides that the liability of carriers for delay is limited in most cases to proven damages not to exceed $6,225 (4150 SDR) per passenger.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier's liability under the Warsaw Convention, special contracts of carriage and/or applicable tariffs, or the Montreal Convention. For further information please consult your airline or insurance company representative.
RECONFIRMATION NOTICE
Some international carriers require reconfirmation of your reservations. Contact the transporting air carrier for the applicable requirements. |
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