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 canceled
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 http://europa.eu.int/comm/transport/air/rights/index_en.htm
.
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.
SUPPLIER TERMS AND CONDITIONS
You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect
to deal. A supplier that is an air carrier is required to make available to the public the terms of
its contract of carriage pursuant to Title 14, Part 253 of the Code of Federal Regulations, and we make
available the fare rules for all air carrier tickets prior to purchase. The circumvention of an air
carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with
overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing
tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's
pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result
in the air carrier taking actions including the cancellation of the ticket, denied boarding,
revocation of frequent flier miles and other benefits, additional charges to the purchaser's credit card,
additional charges collected at the airport, or future invoicing. You are responsible for ensuring that your
purchases abide by the terms or conditions of purchase imposed by any supplier with whom you elect to
deal, including terms or conditions of purchase set forth in an air carrier's fare rules or contract
of carriage.