| Conditions of Carriage |
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ARTICLE:
Coupon - means a paper flight coupon or an electronic coupon, each of which entitles the passenger named on it to travel on the particular flight identified on it Days - means calendar days including all seven days of the week. For the purpose of sending notices, we will not count the day on which notice is sent. For the purposes of deciding whether a Ticket is valid, we will not count the day on which the Ticket was issued, or the first flight began. Electronic Coupon - is a flight coupon for an Electronic Ticket held in our computer database. Electronic Ticket - is a Flight Confirmation Document/Itinerary and/or receipt, Electronic Coupons and any boarding document we have issued to you Events Beyond Your Control - are unusual and unforeseeable circumstances which you cannot control and the consequences of which you could not have avoided even if you had taken all due care Flight Coupon - is the part of your Ticket which has the words “Good for Passage” printed on it. In the case of an Electronic Ticket, it means the Electronic Coupon. The flight coupon shows the places of departure and destination between which you are entitled to be carried Involuntary Fare Refund - means a refund, under Article 10.2, of the fare for your Ticket Itinerary and Receipt - means a document or documents we or our authorised agents issue on paper, by fax, by E-mail, or deliver electronically to passengers travelling with Electronic Tickets. It contains the passenger’s name, flight information and a receipt Limited Release - means entirely at your own risk for loss, damage or delay Passenger - means any person holding a Ticket who is carried, or is to be carried, on an aircraft, except members of the crew. (See also the definition for you, your) Passenger Coupon - is the part of your Ticket which is marked as such SDR - is a Special Drawing Right as defined by the International Monetary Fund Stopover - means a scheduled stop on your journey at a point between the place of departure and the place of destination Tariff - means the published fares, charges and related Conditions of Carriage of an airline which have been filed, where required, with the appropriate authorities Ticket - means either a document called a “Passenger Ticket and Baggage Receipt” or an Electronic Ticket and/or Confirmation Reference, which we or our Authorised Agents have issued and/or assigned to you and the Boarding Pass issued at check-in. Unaccompanied Minor - refers to a child aged between 5 years and 11 years of age inclusive travelling alone Unchecked Baggage - means your baggage other than your Checked Baggage. Unchecked Baggage is normally carried with you on to the aircraft Validity Period - is the period for which your Ticket is valid Voluntary Fare Refund - is a refund, under clause 10.3 of the fare for your Ticket Website - means Eastern Airways internet site www.easternairways.com ARTICLE 2 2.1 General Except as provided in paragraphs 2.2, 2.4 and 2.5 these Conditions of Carriage apply to all flights we operate and any liability we may have in relation to that carriage by air. The Terms and Conditions contained within the Ticket/Flight Itinerary or Receipt shall form part of these Conditions of Carriage. 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 or otherwise in the Charter Agreement or the Ticket. 2.3 Overriding Law These Conditions of Carriage are applicable unless they are inconsistent with any Tariffs or laws which apply to your Contract of Carriage with us in which event such Tariffs or laws will apply. 2.4 Conditions Prevail over Regulations Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and our Carrier’s Regulations, these Conditions of Carriage will apply. 2.5 Validity of Conditions If one of these Conditions of Carriage is invalid, the other Conditions will remain valid. ARTICLE 3 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 can be found and are accessible in full on our Website and copies may be obtained on request in writing from our office at the address provided at the end of these Conditions of Carriage. We will only provide carriage to the Passenger named in the Ticket who presents valid confirmation, duly issued by us in respect of that person for the flight. You will also be required to produce positive photographic identification identifying you as the passenger named in the booking and valid travel documentation in the form of passport and any visa or other documentation required to satisfy the relevant authorities for the journey you are undertaking. You should choose the fare which best suits your needs and we strongly recommend that you ensure you have an appropriate level of insurance to cover instances where you are unable to use your Ticket. The Ticket you have purchased is valid for transportation only as shown on the Ticket for the Passenger named, from the place of departure to the final destination on the date and flight number shown. If you wish to change your flight or the Passenger to be carried, subject to applicable ticket conditions, you must contact us in advance. All permitted changes must be made at least 3 hours before the minimum check-in time of the flight; such changes may only be made by the passenger named in the booking and/or the person who made the original booking. Any additional fare due, in accordance with our Carrier’s Regulations and Tariffs and any applicable administration fee will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Detailed rules relating to fares and changes to Tickets are available from our offices upon written request. 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 10 3.3 Package Travel, Package Holidays and Package Tour Regulations Your right to transfer your booking to another passenger where the Package Travel, Package Holidays and Package Tour Regulations apply. If the Ticket has been issued as part of a package to which The Package Travel, Package Holidays and Package Tours Regulations 1992 SI 1992/3288 as amended (the Regulations) apply and you want to transfer your booking under regulation 10 of the Regulations, we or our authorised agents will issue a new Ticket provided that you: i) Prove to us or our Authorised Agents that you have satisfied the requirements of regulation 10 and are entitled to transfer the booking; ii) Give us or our Authorised Agents reasonable notice of your intention to transfer the booking before your date of departure; iii) Give us or our Authorised Agents the full name, address and contact number of the person to whom you want the new ticket to be issued; iv) You deliver the Ticket to us or our Authorised Agents; and you pay us or our Authorised Agents a reasonable administration fee for issuing the new Ticket. Unless it says differently on the Ticket, in these Conditions of Carriage, or in any Tariffs which apply, a Ticket is valid for six months from the date of issue or six months from the date you first travelled using the Ticket, providing your first flight took place within six months of the Ticket issue. If, because we were unable to confirm your reservation at the time you asked for it, you are prevented from travelling within the validity period of the Ticket, we will extend the validity period of the Ticket or provide you with a voluntary fare refund. 3.4.1 If, after beginning your journey you become ill and your illness prevents you from travelling on your next flight within the validity period of your Ticket; and you want us to extend the validity period so that you can continue your journey; you must provide us with a medical certificate. The certificate must state the facts relating to your illness and confirm it is not related to an existing medical condition and the date you will be fit to travel again (“the recovery date”). When we receive the certificate, we may decide to extend the validity period until either the recovery date, providing there is a seat available on the relevant flight in the class of service for which you have paid the fare or, if not, the first date after the recovery date when a seat is available, plus any applicable administration fee. 3.4.2 In the event of a death of a passenger during their journey and there are other passengers are travelling in the same party as the deceased passenger we may decide not to enforce any minimum stay conditions which apply to the Tickets of members of the party or to extend the validity period of their Tickets or both. 3.4.3 In the event of a death of a member of your immediate family and you have supplied us with a copy of the death certificate, we may decide to change your Tickets and those of your immediate family travelling with you by extending the validity period of the Tickets. We will not extend the validity period of the Tickets for more than 45 days after the date of death. 3.4.4 Tickets purchased on our flights are non refundable. All travellers are recommended to take out travel insurance. If you are prevented from travelling, passengers are advised to contact their travel insurance company. To assist any claim, upon written request and for an admin fee, we can provide a letter stating that Eastern Airways is a non refundable airline. 3.5 Our Name and Address on Tickets Our name may be abbreviated to our Airline Designator Code or otherwise on any of our documents of carriage or on the Website. Our Registered Office address is, Air Kilroe Ltd t/a Eastern Airways, “Charter House” 56 High Street, SUTTON COLDFIELD B72 IUJ. United Kingdom. Please see our Website for more details of how to contact us. ARTICLE 4 4.1 Fares Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless we state otherwise. Fares do not include ground transport services between airports and between airports and town terminals. Fares will be calculated in accordance with our Tariff in effect on the date you pay for it. The fare will be for travel on the specific dates and itinerary shown on it. If you wish to change your itinerary or dates of travel, this may increase the fare. On-line fares are not available through our Call Centre and Sales Desks. 4.2 Taxes, Fees and Charges You must pay any Taxes, Fees and Charges imposed on us by Government or other authority, including the operator of an airport for which we are obliged to collect from you or pay in respect of you and your flight. When you buy your Ticket, we will tell you about any Taxes, Fees and Charges not included in the fare and they will normally be shown separately on the Ticket. Taxes, Fees and Charges change constantly and can be imposed or altered after the date we have issued your Ticket. If they change or if a new Tax, Fee or Charge is imposed after we have issued your Ticket, you will have to pay us any increase. Similarly, if any Taxes, Fees or Charges you pay to us when we issue the Ticket are then abolished or reduced, you will be entitled to claim a refund from us. If you do not use your Ticket, you will be entitled to claim a refund of any Taxes, Fees and Charges which you have paid, less any administration fee charge that we or our Authorised Agents make. 4.3 Currency You must pay the fare and any Taxes, Fees and Charges in the currency of the country in which the Ticket is issued, unless we or our Authorised Agents say you must use another currency at or before the time you pay. We may decide to accept payment in another currency. 4.4 Administration Charges We reserve the right to charge a reasonable administration fee for auxiliary services, not included in the price of the Ticket, including but not limited to requests for personal data pursuant to Article 5 and duplicate receipts. ARTICLE 5 5.1 General We will record your reservations in our computer system. If you ask, we or our Authorised Agents will give you written confirmation of your reservation in the case of a telephone reservation. In the case of internet bookings through our Website, a unique booking reference number, the Confirmation Reference, will be displayed along with the booking confirmation details on the screen upon completion of the transaction. You should print a copy of this for your records as you will be required to quote the Confirmation Reference at the time of check-in. A reservation is not made or confirmed until you have received a Confirmation Reference and payment has been received by us. Some fares have conditions which limit or exclude your right to change reservations. See Article 3.2 and Carrier’s Regulations. 5.2 Time Limits for Payment of the Fare Fares plus all Taxes, Fees and other Charges must be paid in full when a confirmed reservation is made. If such sums have not been paid in full or your credit/debit card is declined we may cancel the reservation at any time without liability. 5.3 Personal Information You recognise that your personal data has been given to us and that we may use the personal information you have provided, including information about how you use our services and facilities (“your personal information”), for the purposes of: making a reservation and issuing a Ticket; providing you with your transportation and any related services and facilities; accounting, billing and auditing; checking credit or other payment cards; immigration, customs and entry procedures; security, administrative and legal purposes; statistical analysis; ensuring our compliance with legal and regulatory obligations applicable to us; operating frequent flyer programmes; systems testing, maintenance and development; customer relations; helping us in any future dealings with you; and direct marketing and market research (in which case and unless required by law to obtain your specific consent to the use of your personal data for any particular marketing purpose, you will be given the opportunity to “opt out”). For these purposes you authorise us to retain and use your personal information and to transmit it to our own offices; carriers and other companies involved in providing your transportation or related services and facilities; data processors working for us; our Authorised Agents; government and enforcement agencies; and credit and other payment card companies. This may involve sending your personal information outside the European Economic Area. 5.4 Seating We cannot guarantee that you will be able to sit in any particular seat. We will try to honour advance seating requests. We reserve the right to assign or reassign seats at any time, even after you have boarded the aircraft, as we may need to do this for operational, safety or security reasons. 5.5 Connections Our flights are not intended for use in connecting with flights of other carriers. Any connections are made at your own risk and if you have a preceding or onward flight you will have to check in with your baggage for each portion of your journey. For your carriage we will try to provide the aircraft specified in our timetable or specified to you at the time of issue of your ticket, however, we cannot guarantee any particular aircraft type and we reserve the right to substitute a different aircraft type. This may be necessary for operational, safety or security reasons or because of unusual or unforseen circumstances beyond our control. There may be occasions when it is necessary for us to temporarily supplement our fleet with aircraft operated for our benefit by another airline. Whenever another carrier operates your flight, the expressions to we, our and us will also apply to such carrier. 6.1 Check-in Deadlines You must complete the check-in process sufficiently in advance of the time of flight departure to permit completion of any government formalities and departure procedures. Check-in deadlines vary and your journey will be smoother if you allow plenty of time to check in. Please find out the check-in deadlines for your flights before you travel and keep to them. If you do not complete the check-in process by the check-in deadline we may cancel your reservation and not carry you. Also and at our discretion, or that of our Authorised Agents, you may not be entitled to any refund of the fare paid either by yourself or on your behalf by a third party. By completing the check-in process we mean that you have received your boarding pass for your flight. 6.2 Boarding Gate Deadlines You must be present at the boarding gate not later than the time we give you when you check in. We may decide not to carry you if you fail to arrive at the boarding gate on time. We will not be liable to you for any loss or expense you suffer if you fail to meet check-in deadlines or fail to be at the boarding gate on time. 6.3 Administration 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. ARTICLE 7 7.1 Pre-Notified 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 a notice carry you on our flights. In this circumstance you will be entitled to a refund of the fare you have paid, plus any Taxes, Fees and Charges, less any reasonable administration charge we may apply. 7.2 Right to Refuse Carriage We may refuse to carry you or your Baggage, without refund, if one or more of the following has occurred or we reasonably believe may occur: 7.2.1 If the carriage of you or your Baggage may endanger or affect the safety of the aircraft or the safety, health or materially affect the comfort of other passengers or crew; 7.2.2 If you are drunk or under the influence of drink or drugs or if you are, or we reasonably believe you are, in unlawful possession of drugs; 7.2.3 lf your mental or physical state is a danger or risk to you, the aircraft or any person in it; 7.2.4 If you have refused to allow a security check to be carried out on you or your Baggage; 7.2.5 If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security and/or used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft; 7.2.6 If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft; 7.2.7 If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties; 7.2.8 If you have put the safety of either the aircraft or any person in it in danger; 7.2.9 If you have made a hoax threat relating to bombs, biological or chemical weapons; 7.2.10 If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft; 7.2.11 If you have not, or do not appear to have, valid travel documents; if you try to enter a country for which your travel documents are not valid; destroy your travel documents during the flight, refuse to surrender your travel documents to a member of the crew, against receipt, when so requested or refuse to allow us to photo copy your travel documents; 7.2.12 If you ask the relevant government authorities for permission to enter a country in which you have landed as a transit passenger; if carrying you would break government laws, regulations, or orders; if you have refused to give us information which a government authority has asked us to provide about you. 7.2.13 If you have not presented a valid Ticket; If you have not paid the fare (including any Taxes, Fees or Charges) for your journey; If you have presented a Ticket acquired illegally; If you have presented a Ticket which you did not buy from us or our Authorised Agents; If you have presented a Ticket which was not issued by us or our Authorised Agents; If you have presented a Ticket which has been reported as being lost or stolen; If you have presented a counterfeit Ticket; If you have presented a Ticket with an alteration made neither by us nor our Authorised Agents; If you have presented a spoiled, torn or damaged Ticket or a Ticket which has been tampered with. 7.2.14 If you cannot prove you are the person named in the Ticket when presenting for check-in or boarding. We reserve the right to retain such Ticket in these circumstances. 7.2.15 If you have changed your transportation without our agreement as set out in Article 3.2 and our Carrier’s Regulations. 7.2.16 If you have failed to present your Ticket or your Boarding Pass or your travel documents to us when reasonably asked to do so; if you have failed to complete the check-in process by the check-in deadline; if you have failed to arrive at the boarding gate on time. 7.2.17 If you have behaved in a way mentioned above on or in connection with aprevious flight and we believe you may repeat this behaviour. 7.3 Special Assistance If you are a disabled person or have limited mobility or a special need and you have told us or our Authorised Agents at time of booking, or at least 48 hours prior to departure, that you have special needs, such as a wheelchair, or that you need special help and you have asked us or our Authorised Agents to provide this; and we or our Authorised Agents have agreed, before you check in - at least one hour before departure - to provide for your special needs and/or give you special help, we will not then refuse to carry you because of your disability, limited mobility or special needs. You can contact us by: Phone: 08703 669 100, (outside the UK please dial: +44 (0)1652 680 600) or email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it We may decide not to carry pregnant women; passengers who are ill, or passengers who are disabled, have limited mobility or need special help if arrangements to carry them have not been made at the time of booking. See Carriers Regulations. 8.1 Free Baggage Allowance You may carry some of your baggage free of charge. Your free baggage allowance may be carried as specified and is subject to the conditions and limitations contained in our Carrier’s Regulations. 8.2 Excess Baggage The acceptance and carriage of Excess Baggage is at our discretion and you will be required to pay a charge for the carriage of baggage over your free baggage allowance. The current charge for excess baggage is £4.00 per kilo, per sector. Oustize baggage, including but not limited to pushchairs, travel cots, car seats, wheelchairs, bicycles and sporting equipment may be carried on a limited release basis. No single item of baggage may weigh more than 32kg. Details of the applicable Excess Baggage rates are available in our Carrier’s Regulations. 8.3 Items Unacceptable as Baggage You must not include in your baggage items which do not constitute baggage as defined in Article 1 of these Conditions of Carriage. 8.3.1 You must not carry the following in your baggage (whether as Checked Baggage or Unchecked Baggage):
8.3.2 Firearms If you want to travel with firearms and ammunition (sporting guns), you must obtain our permission in advance. If you do not, we may decide not to carry them. All firearms and ammunition must be carried as Checked Baggage and we will not allow you to take them into the aircraft cabin. All firearms carried as Checked Baggage must be unloaded, have the safety catch on and be suitably packed. Carrying firearms and ammunition is covered by the lCAO Technical Instruction and IATA Regulations referred to above. You must make sure that you have all the documents you need for firearms and ammunition. If you do not, we may decide not to carry them. 8.3.3 Dangerous Item You must not take any item into the aircraft cabin if we tell you that we reasonably believe that its presence there would affect the safety and security of the aircraft or any person in it. You must not take antique, toy or replica guns into the aircraft cabin. You must not take swords, knives, archery bows, arrows or similar weapons into the aircraft cabin. We may either tell you to check in these items as Checked Baggage or refuse to carry them altogether. 8.3.4 Fragile, Perishable and Valuable Items You must not include in your Checked Baggage fragile or perishable items or items of special value including but not limited to:
We are not responsible for loss of or damage to forbidden items. If, despite the fact that an item is forbidden under Article 8, you include it in your baggage, we will not be responsible for any loss or damage caused to it 8.3.5 Right to Refuse Baggage We may refuse to carry as baggage such items described in Article 8 that are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery. We may refuse to carry as baggage any item because of its size, shape, weight or character. We may refuse to accept baggage for carriage if we reasonably believe that it is not properly and securely packed in suitable containers to ensure safe carriage with ordinary care in handling. 8.4 Right to Search For reasons of safety and security we will ask to search and screen you and search, screen or x-ray your baggage. We will always try to search, screen or x-ray your baggage when you are present. However, if you are not available, we may search your baggage in your absence. If you do not allow us to carry out the necessary safety and security searches, screening and x-rays, we will refuse to carry you and your baggage. If a search or screening causes damage to you, or a search, screening or x-ray causes damage to your baggage, we will not be liable for the damage unless it was caused by our negligence or fault 8.5 Checked Baggage Checked Baggage must have your name or other personal identification securely affixed to it. You must ensure that your baggage is sufficiently robust and secure to withstand the normal rigours of travel by air. Your baggage must be properly locked and we will not be responsible for any loss to contents unless such loss is due to our fault/negligence. When you check in your Checked Baggage, we will give you a Baggage Identification Tag for each piece. We will carry your Checked Baggage, whenever possible, on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on another flight. If we carry your Checked Baggage on another flight we will deliver it to you, unless the law says you must be present for customs clearance. 8.6 Unchecked Baggage See Carrier Regulations for Baggage. 8.6.1 If you have an item of baggage (such as a musical instrument) larger or heavier than the maximum dimensions and weight for Unchecked Baggage but unsuitable to be carried as Checked Baggage, we will only accept this for carriage if you have given us notice in advance and permission has been granted by us in writing. The cost of such items may be charged for separately. 8.7 Collection and Delivery of Checked Baggage Subject to Article 8.5, you must collect your Checked Baggage as soon as we have made it available at your place of destination. If you do not collect it within a reasonable time, we may charge you a storage fee. If you do not claim your Checked Baggage within three months from the date we make it available, we may dispose of it without any liability to you. 8.7.1 Only the person with the Baggage Identification Tag, and, if one has been issued, the Baggage Receipt, is entitled to delivery of the Checked Baggage. 8.7.2 If a person claiming a piece of Checked Baggage cannot produce the Baggage Identification Tag and, if one has been issued, the Baggage Receipt, we will deliver the baggage to them only on condition that they can establish to our satisfaction that the baggage is theirs and if required by us, such person shall provide us with adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery. 8.7.3 lf the person with a Baggage Receipt or a Baggage Identification Tag receives Checked Baggage without complaint, this will be sufficient evidence that the Checked Baggage has been delivered in good condition and according to the Contract of Carriage, unless you prove otherwise. 8.8 Animals Except as provided below, we will not accept animals for carriage. 8.8.1 We will carry Guide Dogs accompanying sight/hearing impaired passengers free of charge, together with containers and food, in addition to the normal free baggage allowance on UK domestic services, subject to aircraft safety, space and capacity. 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 an animal unless caused by our fault or negligence. If you are to be accompanied by your Assistance Dog please inform us at the time of your booking, or 48 hours prior to departure, so that we can make the necessary arrangements. You can contact us by: Phone: 08703 669 100, (outside the UK please dial: +44 (0)1652 680 600) or email:
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8.9 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. 8.10 Items Removed from Passengers by Security Personnel We will not be responsible for, nor have any liability in respect of, items removed from passengers’ baggage by airport security personnel acting in accordance with international or government authority, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed by such airport security personnel to us. ARTICLE 9 The flight times shown in our timetables may change between the date of publication and the date you actually travel. We do not guarantee these flight times to you and they do not form part of your Contract of Carriage with us. Before we accept your booking, we will tell you the scheduled departure time of your flight in effect as of that time, and it will be shown on your Ticket or Flight Confirmation Document/Itinerary and/or Receipt. It is possible that we may need to change the scheduled departure time of your flight after you have received your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes. 9.1.1 If after you buy your Ticket we make a significant change to the scheduled departure time of your flight and you find this change unacceptable and we cannot book you on another flight which you are prepared to accept you will be entitled to an involuntary refund of your fare. 9.1.2 Delays and Cancellations At any time after a reservation has been made we may change our schedules and/or cancel, terminate, divert, postpone or delay any flight for operational, safety or security reasons or because of unusual or unforeseen circumstances beyond our control. Upon the occurrence of any such events, the options detailed are the sole and exclusive remedies to you and we shall have no further liability to you, except as provided by the Warsaw or Montreal Convention or EC Regulations. In the event of a cancellation we will make a refund in accordance with Article 10 subject to any other options you may accept as stated in our Carrier’s Regulations; In the event of a 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; In the event of a delay or disruption to our published schedule we will apply the procedures set out in our Carrier’s Regulations. 9.1.3 Denied Boarding Compensation If you are denied boarding on an overbooked scheduled flight for which you have both a valid Ticket and a confirmed reservation, we will pay you compensation and provide extra services either as required by any law which may apply or as set out in our denied boarding compensation policy as stated in our Carrier Regulations. ARTICLE 10 10.1 General If we fail 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 for your Ticket, or any unused part of it, and any taxes, fees and charges, as applicable shall be made by us in accordance with this Article and with our fare rules and Tariffs and our Carrier’s Regulations. Applicable taxes, fees and charges paid at the time of issue of your Ticket will be included in fare refunds where appropriate. 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, fees and charges paid by you which as a consequence we have no obligation to pay to any Government or other authority. We reserve the right to deduct a reasonable administration fee from any such refund where you fail to fly with us despite a flight being available. Unless we say otherwise, we will only make a refund either to the person named on the Ticket or to the person who paid for the Ticket. If you want a refund you must prove to us that you are the person named on the Ticket or, if this applies, the person who paid for the Ticket. If a Ticket has been paid for by someone other than the passenger named on it and it says that there is a restriction on refund, we will only make the refund to the person who paid for the Ticket. Unless you are applying for a refund on a lost Ticket, we will only make the refund if you first give us the Ticket and all unused flight coupons. 10.2 Involuntary Fare Refunds If we cancel a flight or fail to stop at your destination and no alternative flight is available, or we have refused to carry you in accordance with Article 7.1 or if a refund is otherwise due to you under these Conditions of Carriage, the amount of the refund shall be:
10.3 Voluntary Fare Refunds
10.4 Our Right to Refuse a Fare Refund We may decide to refuse to give you a refund if you apply for it after the end of the validity period for the Ticket purchased. We may decide to refuse to give you a refund if, when you arrived in a country, you presented your Ticket to us or to government officials as evidence of your intention to leave that country, unless you can prove to us that you have permission to stay in the country or you will be leaving the country on another airline or on another form of transport. 10.5 Currency We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket. ARTICLE 11 11.1 Unacceptable Behaviour If, while you are on board the aircraft, we reasonably believe that you have put the aircraft, or any person in it, in danger; deliberately interfered with the crew in carrying out their duties; failed to obey the instructions of the crew relating to safety or security; failed to obey the seat-belt or no-smoking signs; committed a criminal offence; allowed your physical or mental state to become affected by drink or drugs; failed to obey the crew’s instructions relating to drink or drugs; made a hoax bomb threat; threatened, abused or insulted the crew or other passengers or behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers or behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers, or in any other way behaved in breach of any law, regulation or statute, we may take any measures we think reasonable to prevent you continuing your behaviour, including restraint. When the aircraft lands, we may decide to make you leave the aircraft; refuse to carry you on the remaining sectors of the journey shown on your Ticket; and report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed. 11.2 Diversion Costs Caused by Unacceptable Behaviour If, as a result of your behaviour, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion. 11.3 Electronic Devices For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, mobile telephones; laptop computers; personal recorders; personal radios; MP3, cassette and CD players; electronic games or transmitting devices (for example, radio-controlled toys and walkie-talkies). You must not use these items when we have told you that they are not allowed. The use of hearing aids and heart pacemakers is permitted. ARTICLE 12 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 or 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 your agent. The terms and conditions of the third party service will apply and we shall have no liability to you except for negligence on our part in making such arrangements. ARTICLE 13 13.1 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 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. 13.2 Refusal of Entry If you are refused entry to a country, you must pay any fine, penalty or charge imposed on us by the government concerned; any detention costs we are charged; the fare for transporting you back to your place of departure; and any other costs we reasonably pay or agree to pay. We will not refund to you the fare for carrying you to the place where you were denied entry. 13.3 Passenger Responsible for Fines, Detention Costs etc You must repay us fines, detention costs and other charges. If we have to pay any fine, penalty, fee, charge or costs (such as detention costs) because you have failed to obey any laws or regulations, or other travel requirements of the country to which you have travelled to or to produce the necessary documents needed by that country, you must repay us the amount we have paid as a result. We may take this amount from the value of any unused part of your Ticket, or any of your money we have in our possession. 13.4 Customs Inspection If necessary, you must be present when your baggage is inspected by customs or other Government officials. We will not be liable to you for any damage you suffer in the course of an inspection or because you are not present. 13.5 Security Screening You must allow government officials, airport officials, or us to carry out security screening of you or your baggage. ARTICLE 14 14.1 Applicability The liability of each carrier involved in your journey will be determined by its own conditions of carriage. Our liability provisions are as follows: 14.2 Applicable Rules The rules applicable to our liability shall be as provided by: The Convention, to the extent it applies; and EC Regulation 2027/97 as amended by EC Regulation 889/2002 (when such amendment is effective); and To the extent not inconsistent with the above, applicable national law. 14.3 Death of or Injury to Passengers 14.3.1 There shall be no artificial limit to the amount of our liability for death, wounding or bodily injury suffered by a Passenger in the event of an accident on board the aircraft or in the course of embarking or disembarking. 14.3.2 For any damages up to the sum of the equivalent of 100,000 Special Drawing Rights, we shall not exclude or limit our liability by proving 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. 14.3.3 Above the level of 100,000 Special Drawing Rights we shall be entitled to the defences available under the Convention. 14.3.4 Notwithstanding the provisions of Article 14.3.2, if we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger; we may be exonerated wholly or partly from our liability in accordance with applicable law. 14.3.5 We shall, without delay, and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered. Such payment shall be of an amount not less than the equivalent of 15,000 Special Drawing Rights (or 16,000 when EC Regulation 889/2002 has come into effect) per Passenger in the event of death. 14.3.6 An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases described in Article 14.3.4 or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation. 14.3.7 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition. 14.4.1 Except in the case of an act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, our liability in the case of damage to Baggage shall be limited as provided by the Convention: where the Warsaw Convention applies, the limit will normally be 17 Special Drawing Rights per kilo for Checked Baggage and 332 Special Drawing Rights for Unchecked Baggage; where the Montreal Convention applies, the limit will be 1,000 Special Drawing Rights per Passenger (for both Checked and Unchecked Baggage); provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of your Checked Baggage is not recorded on the baggage check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance. 14.4.2 We will not be liable for damage to Unchecked Baggage unless such damage is caused by our negligence. 14.4.3 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. 14.4.4 We shall have no liability whatsoever for damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including but not limited to 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. 14.5.1 We are not liable for any damage arising from our compliance with or your failure to comply with applicable laws or Government rules and regulations. 14.5.2 Except as may be specifically provided otherwise in these Conditions of Carriage or by applicable law, we shall be liable to you only for recoverable compensatory damages for proven losses. 14.5.3 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 it and 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. 14.5.4 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. 14.5.5 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a Passenger. ARTICLE 15 15.1.1 If your Checked Baggage is damaged (including partial loss) you must advise us in writing immediately you discover the damage and, at the latest, within (7) seven days from the date you received the Checked Baggage. 15.1.2 If your Checked Baggage is delayed, you must advise us in writing within (21) twenty-one days at the latest of the Checked Baggage being made available to you. 15.2 Limitation of Actions You will have no right to damages if an action is not brought within two years calculated from the date of arrival at the place of destination; the date on which the aircraft ought to have arrived; or the date on which the carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard. 15.3 Modification and Waiver None of our Authorised Agents, servants, employees or representatives has authority to alter, modify or waive any provision of these Conditions of Carriage. ARTICLE 16 Carriage of you and your baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations as varied from time to time are important and concern among other things: ARTICLE 17 The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text. ARTICLE 18 Unless otherwise provided by the Convention or any applicable law, regulations, orders or requirements: i) These Conditions of Carriage and any carriage that we agree to provide to you (whether relating to yourself and/or your baggage) shall be governed by the laws of England; and ii) Any dispute between us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales. Name and Address of Carrier Registered Addresses:- Air Kilroe Ltd t/a Eastern AirwaysCharter House56 High StreetSUTTON COLDFIELDB72 UJUNITED KINGDOMBusiness Address:-Eastern AirwaysSchiphol HouseHumberside Airport Kirmington DN39 6YH UNITED KINGDOM CARRIER’S REGULATIONS
All travel remains subject to Eastern Airways Conditions of Carriage and such Conditions prevail in the event of inconsistency with these Carrier’s Regulations Reservations and Tickets Reservations and Tickets Eastern Airways is a ticket less Airline operating in an e-ticket environment. At the time your reservation is confirmed you will be assigned a Confirmation Reference, please keep a record of this. Details relating to your booking will be held in our computerised system under this unique reference. You will also be given the opportunity to print a Flight Confirmation Document and Receipt (Web Reservation) should you so wish. Fares Eastern Airways fares are quoted on a per person, basis including taxes, fees and charges. An insurance surcharge may apply and fares and taxes may fluctuate due to currency exchange rates and tax changes. Each sector of your journey is treated as a separate flight unless stated. Method of Payment Payment may be made by most recognised credit/debit cards subject to any applicable changes. Seat Requests We will endeavour to meet all advance seating requests, although these cannot be guaranteed as we may find it necessary to change your seat for operational, safety or security reasons Passengers with special needs, together with the elderly, frail or any other passenger who, in our reasonable opinion would be unable to assist in the event of an emergency, will not be seated at or adjacent to an Emergency Exit. Passengers with Special Needs Eastern Airways must be advised of any passenger with special needs or a medical condition at the time of reservation, or at least 48 hours prior to departure. Passengers with special needs are those whose mobility is reduced due to physical incapacitation whether this is sensory or locomotory, intellectual deficiency, age, illness or any other cause of disability. Please phone us on 08703 669 100 (outside the UK please dial: +44 (0)1652 680 600), email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact your local contact centre with details quoting the Confirmation Reference in order to obtain confirmation that we can accommodate the passenger on their chosen flight(s). Eastern Airways is unable to accept those passengers with a level of disability which needs the presence of a care assistant unless a care assistant is travelling with the passenger. The care assistant will need to comply with the same obligations as all other passengers. Eastern Airways will require a passenger to travel with a carer if such passenger is not self-reliant. Self-reliance is measured using the criteria set out in the Access to Air Travel for Disabled People: Code of Practice published by the UK Department for Transport ("Guidelines"). The passenger must be self reliant by reference to all of the categories below. If not, he or she must be accompanied by a carer who must be capable of providing the assistance required. The Guidelines state that a passenger:
The decision about whether a passenger must be accompanied by a carer will be made by the Airline when the passenger makes his/her disability known to us. Reasons (written if requested) will be supplied to the passenger where a decision is made that he or she must be accompanied by a carer.) Passengers with Learning Difficulties travelling alone will require medical confirmation prior to booking stating the passenger is able to travel unaccompanied. Passengers with a medical condition which may be exaggerated or aggravated by the journey process of travelling by air should obtain a medical certificate from their Doctor stating the nature of their illness and their fitness to undertake the journey they are planning which must be presented to Eastern Airways prior to the departure date of their flight. Wheelchairs - folding wheelchairs will be carried free of charge and in addition to the normal free baggage allowance. Special arrangements need to be made and confirmation obtained for any other type of wheelchair to be carried. Please telephone us on 08703 669 100 (UK) or your local contact centre. Expectant Mothers Eastern Airways will accept Expectant Mothers for travel up to the end of their 28th week of pregnancy without a medical certificate. If travelling from the end of their 28th week and the end of their 35th week of pregnancy a medical certificate will be required stating the number of weeks of the pregnancy and confirming the Expectant Mother is fit to fly. We are unable to accept Expectant Mothers once they reach the 36th week of their pregnancy or in the case of those who are expecting a multiple birth after the end of their 32nd week and therefore all flights should be completed before this time is reached. Medical certification must be supplied by a Doctor, we regret that we cannot accept those completed by a registered midwife. Infants Infants (defined as being children under the age of 2 years) may travel free of charge with no baggage allowance entitlement, providing they are seated on the lap of the person accompanying them. Infants under the age of 2 weeks cannot be accepted for travel. Children of age 2 years and over must occupy their own seat for which they must pay the applicable fare. Unaccompanied Minors Eastern Airways can accept unaccompanied minors between the ages of 5-11 years inclusive for carriage on our services subject to notification at the time of booking and availability of this service in line with our company policy. Children under 5 years of age cannot travel unless they are accompanied by a person of 16 years of age or over who will take responsibility for the minor. Anyone under the age of 18 in France and Spain holding an ID card must have a completed parental authorisation form to leave their country of nationality. Forms are available from the local town hall or police station and parents must complete them. The passenger must carry the completed form at all times whilst travelling, although such forms are not required if the passenger has their own valid passport. Guardians must remain at the airport until the flight is airborne. Baggage Checked Baggage Allowance This is the amount of free baggage you are permitted to check-in to be loaded into the aircraft hold. Not to exceed 15 kilos per fare paying passenger. Excess Baggage Charges Excess baggage will be charged at a rate of £4.00 per kilo per flight sector. All personal items and cabin baggage must be securely stowed on board the aircraft either in the overhead locker or under the seat in front of you, if this is not adjacent to an Emergency Exit Items Unacceptable as Baggage Dangerous Goods - these are items that MUST NOT be carried on passenger aircraft. They MUST NEVER be part of your baggage. Compressed gases (deeply refrigerated, flammable, non-flammable and poisonous) If you are in any doubt about what you can carry on board an aircraft please contact us on 08703 669 100 (UK) or your local contact centre Firearms Eastern Airways may accept for carriage those firearms which are defined as Sporting Guns. However, prior special arrangements must be made and strict criteria met. Please contact us on 08703 669 100. Items which must not be carried on board or in cabin baggage
Restricted Items There are some restricted Articles which can be carried in checked baggage but only with special precautions, amongst these are:- Firearms, Sporting Guns, Wet Cell Batteries, Butane Hair Stylers, Small Oxygen and Carbon Dioxide Cylinders, Dry Ice and Cooking Oil However, you must advise us, and obtain confirmation from us in advance of the flight date, that we are able to accept such items for the services on which you are booked to travel. Please contact us on 08703 669 100 (UK) or your local contact centre. Items which you MUST NOT include within your Checked Baggage but not limited to:-
Non Standard Items of Baggage
Any item which would require it to be loaded into the cabin of the aircraft will attract a charge of the applicable fare for the purchase of an additional seat for that item. Subject to prior arrangement and confirmation. Please contact us on 08703 669 100 (outside the UK please dial: +44 (0)1652 680 600), or your local contact centre. Animals/Pets Eastern Airways is unable to accept animals/pets for carriage on our aircraft with the exception of certified assistance dogs. Lost or Damaged Baggage Although we make every effort to ensure that your baggage is handled with care, due to the complexity of airport baggage handling systems, accidents can and do occur. It may be of interest for you to know that, in common with other airlines, Eastern Airways liability for loss, delay or damage to baggage is limited and the settlement of any claim is based upon the Montreal Convention. Eastern Airways does not accept liability for fragile, valuable, perishable items contained within checked baggage or for baggage which is packed in unsuitable or damaged containers. If your baggage is delayed, damaged or lost following an Eastern Airways flight you must advise a member of our staff, or our representative, at the airport of arrival immediately. They will complete a Report with the details and provide you with a Report Reference Number, which should be quoted in all subsequent enquiries or correspondence. Please note this does not constitute a claim. Please see Articles 14.4; 14.5 and 15.1 of our Conditions of Carriage. We would strongly recommend that you take out travel insurance to ensure your belongings are adequately covered for their value, prior to any journey you may make by air. We would also recommend that you make sure that the receptacle being used to contain your belongings is of a satisfactory construction and condition to withstand the normal handling processes, whilst remaining secure, that your name and address is annotated (discreetly) on your checked baggage and unless otherwise advised that you lock your checked baggage for extra security; taking care to make sure you have the keys upon your person. Check-in Our check-in will normally open 90 minutes prior to the scheduled departure time flight and close 30 minutes prior to the scheduled departure time of the flight. Passengers must present themselves at check-in with their Confirmation Reference and valid Passport, together with any other travel documentation required for the journey they are undertaking e.g. visa. It is the passenger’s responsibility to ensure that they have the necessary valid documentation, including visas, to meet the immigration requirements of their destination. Eastern Airways reserves the right to refuse travel to any passenger whose documents do not appear to be in order. Should this happen we will not make any refund or provide any alternative flight. We would also draw your attention to Article 13 of our Conditions of Carriage Minimum Check-in Time 30 minutes prior to scheduled departure. For those passengers who require assistance and who have arranged this in advance, we would recommend that you check-in at least 1 hour prior to scheduled departure time. Similarly, those passengers who are travelling with a firearm or a non standard item of baggage, for which they have obtained confirmation that the firearm or item of baggage can be carried, should also check-in at least 1 hour prior to the scheduled departure time. Passengers failing to check-in by the required minimum check-in times above will not be accepted for travel and will forfeit their seats. If you arrive to check-in outside of these times you will forfeit your flight and no compensation will be given. We regret that passengers who fail to check-in within the times specified will not be entitled to a refund, credit or free transfer of flights. In such circumstances you should contact a member of Eastern Airways staff who may be able to assist you. As passengers and their baggage are subject to security screening throughout their journey, it is recommended that you ensure that your cabin baggage is packed in such a way that, if you are requested to do so by airport personnel, you are able to transfer Articles into your checked baggage. A Baggage Receipt will be issued for each item of baggage you check-in to be loaded into the aircraft hold, please ensure you retain the baggage receipt until such time as you are satisfied that your checked baggage has been satisfactorily delivered to you. A Baggage Tag will be affixed to each piece of checked baggage displaying the flight number and destination to which you are travelling. Connecting Flights/Transfer Baggage Please note that Eastern Airways does not operate a connecting flight service with any airline and therefore, if you have a preceding or onward flight you will need to check-in with your baggage for each portion of your journey. Eastern Airways is unable to accept responsibility for you making any onward flight connections. Boarding Pass Once you have completed the check-in process, we will issue you with a boarding pass. Departure Gate You must make sure that you attend the departure gate at the time you are given when you check-in, failure to do so may result in you missing your flight. We regret that passengers who fail to attend the departure gate promptly will not be entitled to a refund, credit or free transfer of flights. Delays, Cancellations and Denied Boarding (Notification of Rights under EC Regulation No 261/2004) All Eastern Airways services are non smoking. Passengers should note that smoking is strictly forbidden and all necessary measures will be taken to stop any passenger from infringing this policy. For safety reasons, we may forbid or limit the operation aboard the aircraft of electronic equipment, including, but not limited to, mobile telephones; laptop computers; personal recorders; personal radios; MP3, cassette and CD players; electronic games or transmitting devices such as radio-controlled toys and walkie-talkies. The use of hearing aids and heart pacemakers is permitted. If, while you are on board an Eastern Airways aircraft, we reasonably believe that you have put the aircraft, or any person in it, in danger; deliberately interfered with the crew in carrying out their duties; failed to obey the instructions of the crew relating to safety or security; failed to obey the seat-belt or no-smoking signs; committed a criminal offence; allowed your physical or mental state to become affected by drink or drugs; failed to obey the crew’s instructions relating to drink or drugs; made a hoax bomb threat; threatened or abused or insulted the crew or other passengers or behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers or behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers, we may take any measures we think reasonable to prevent you continuing your behaviour, including restraint. When the aircraft lands, we may decide to make you leave the aircraft; refuse to carry you on the remaining sectors of the journey shown in your Flight Confirmation Document and report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed. If, as a result of your behaviour, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion. To view Eastern Airways Privacy Policy, please click here Governing law |