KUWAIT AIRWAYS GENERAL CONDITIONS OF CARRIAGE
ARTICLE 1: WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
(PASSENGER AND BAGGAGE)
As you read these conditions, please note the following abbreviations & glossary of terms:
"We", "our", "ourselves" and "us" means (Kuwait Airways, Kuwaitairways, Kuwaitair, Kuwait-air, Kuwait-airlines, KAC or KU.
"You", "your" and "yourself" means any person(s), except members of the crew, carried or to be carried in an aircraft pursuant to a ticket. (See also definition for "Passenger").
"AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set out in the ticket or shown in our timetables as scheduled stopping places on your route.
"AIRLINE DESIGNATOR CODE" means the two characters or three letters, which identify particular air carriers.
"AUTHORISED AGENT" means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
"BAGGAGE" means your personal property accompanying you in connection with your trip. Unless otherwise specified it consists of both your Checked and Unchecked Baggage.
"BAGGAGE CHECK" means those portions of the ticket which relate to the carriage of your Checked Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of checked baggage.
"CARRIER" means an air carrier other than ourselves, whose airline designator code appears on your ticket or on a conjunction ticket.
"CHECKED BAGGAGE" means baggage of which we take custody and for which we have issued a baggage check.
"CHECK-IN DEADLINE" means the time limit specified by the airline(s) by which you must have completed check-in formalities and received your boarding pass.
"CONDITIONS OF CONTRACT" means those statements contained in or delivered with your ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.
"CONJUNCTION TICKET" means a ticket issued to you with relation to another ticket, which together constitute a single contract of carriage.
"CONVENTION" means whichever of the following instruments are applicable:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
- The Warsaw Convention as amended at the Hague on 28 September 1955;
- The Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975);
- The Warsaw Convention as amended at the Hague and by Additional Protocol No. 2 of Montreal (1975);
- The Warsaw Convention as amended at the Hague and by Additional Protocol No. 4 of Montreal (1975);
- Guadalajara supplementary Convention (1961) (Guadalajara); or
- The Montreal Convention (1999) in force on 4/11/2003.
"COUPON" means both a hard paper Flight Coupon and/or an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it.
"DAMAGE" includes death, wounding, or bodily injury to a passenger, theft, loss, partial loss or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.
"DAYS" mean calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a ticket, the day upon which the ticket is issued, or the flight commenced shall not be counted.
"DGCA" means Directorate General of Civil Aviation of the State of Kuwait.
"ELECTRONIC COUPON" means an Electronic Flight Coupon or other value document held in our database.
"ELECTRONIC TICKET" or "E-Ticket" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable a boarding document. The E?ticket, the Conditions of Carriage and our Terms and Conditions (including applicable Tariffs) together constitute the terms and conditions of the Contract of Carriage between you and us. These Conditions of Carriage and our Terms and conditions can be found, printed and accessed in full on our Website.
"FLIGHT COUPON" means that portion of the ticket that bears the notation "good for passage" or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
“FORCE MAJEURE EVENTS”: Any condition beyond KAC’s control including, but without limitation, meteorological conditions, acts of nature, riots, civil commotion, embargoes, wars, hostilities, disturbances or unsettled international conditions-actual, threatened or reported.
Also, because of any delay, demand, circumstances or requirement due, directly or indirectly, to such conditions, or any strike, work stoppage, slowdown, lockout or any other labor related dispute involving or affecting KAC’s service/operation, or Any government regulation, demand or requirement, or any shortage or unavailability of labor, fuel, electricity or facilities of KAC or others, or any fact not reasonably foreseen, anticipated or predicted by KAC”.
"ITINERARY/RECEIPT" means document(s) we issue to passengers traveling on Electronic Tickets that contains the passenger's name, flight information and notices.
"PASSENGER" means any person(s), except members of the crew on duty, carried or to be carried in an aircraft pursuant to a ticket. (See also definition for "you", "your" and "yourself").
"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
"STOPOVER" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
"SPECIAL DRAWING RIGHT" or "SDR" means the composite unit of currency that is the official unit of exchange if the International Monetary Fund.
"TARIFF" means the published fares, charges and/or related Conditions of Carriage of an airline filed, when required, with the appropriate authorities.
"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, Notices and Coupons.
"TRAVEL REGULATIONS" means the rules, other than these Conditions of Carriage, published by us (as amended) and in effect on the date the booking is made which govern the carriage of passengers Baggage and/or cargo and shall include applicable Tariffs in force; these are available on our Website and at our offices upon request.
"UNCHECKED BAGGAGE" means any of your baggage other than Checked Baggage.
"VALIDITY PERIOD" means the period for which your E?ticket is valid
"WEBSITE" means Kuwait Airways internet site www.kuwaitairways.com or any alternative site you may be notified or directed to use.
ARTICLE 2: APPLICABILITY
Except as provided in articles (2.2, 2.4 & 2.5), our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code is indicated in the carrier box of the ticket for that flight or flight segment.
2.2. CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the ticket.
2.3. CODE SHARES
On some services we have arrangements with other carriers known as "Code Shares". This means that even if you have a reservation with us and hold a ticket where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft.
2.4. OVERRIDING LAW
To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention, where applicable, and any applicable laws, government regulations, orders, or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision herein.
2.5. CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have dealing with particular subjects, these Conditions of Carriage shall prevail.
ARTICLE 3: TICKETS
3.1. GENERAL PROVISIONS
3.1.1.a We will provide carriage only to the passenger named in the E-ticket, and you may be required to produce appropriate identification. As used in this contract: "electronic ticket" means an electronic entry/coupon stored in our reservations system (and, where applicable the reservations system of one or more other carriers) recording a flight booking for which the carrier or its authorized agent has issued an E-Ticket receipt/itinerary and of which these conditions and all of
the notices contained herein form part, "carriage" is equivalent to "transportation", "carrier" means all air carriers that carry or undertake to carry the passenger or their baggage hereunder or perform any other service incidental to such air carriage, "Montreal Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Montreal, 28 May 1999, "SDR" means the composite unit of currency known as the Special Drawing Right that is the official unit of exchange of the International Monetary Fund, "Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12 October 1929, or that Convention as amended at The Hague, 28 September 1955, whichever may be applicable. 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 one of those Conventions. To the extent not in conflict with the foregoing conditions, carriage and other services performed by each carrier are subject to: (i) provisions contained in the E-Ticket receipt/itinerary; (ii) applicable tariffs; and (iii) carrier's Conditions of Carriage and related regulations which are made part hereof (and are available on application at our offices or on our Web site). These Conditions of Carriage, Baggage Policy and other terms and conditions can be found, printed and accessed in full on our Website.
3.1.1.b TICKET PRIMA FACIE EVEIDENCE OF CONTRACT
The E-ticket, these Conditions of Carriage and our Terms and Conditions (including applicable Tariffs) together constitute the terms and conditions of the Contract of Carriage between you and us which are available on our Website
We will only provide carriage to the customer named in the E-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 customer named in the booking and valid travel documentation in the form of passport, and any visa or other documentation required, satisfying the relevant authorities for the journey you are undertaking.
3.1.2. A ticket is not transferable.
3.1.3. Some tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your ticket.
3.1.4. If you have a ticket as described above in 3.1.3. which is completely unused, and you are prevented from traveling due to Force Majeure, provided that you promptly advise us and furnish evidence of such Force Majeure, we will provide you with a credit for the non-refundable amount of the fare, for future travel with us, "subject to deduction of a reasonable administration fee".
3.1.5. The ticket is and remains at all times the property of the issuing carrier.
3.1.6. The E?ticket you have purchased is valid for transportation only as shown on the E?ticket for the customer named, from the place of origin to the final destination on the date and flight number shown. If you wish to change your flight you must contact us in advance. All changes must be made at least 24 hours prior to the flight's departure; such changes may only be made by the customer named in the booking and/or the person who made the original booking. Any additional fare due, in accordance with our Travel Regulations and Tariffs and any applicable administration fees, will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as E?ticketed. Detailed rules relating to fares and changes to E?tickets are available upon 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 the Article10.
3.1.7.a In case of loss or mutilation of a ticket (or part of it) by you or non-presentation of a ticket containing the Passenger Coupon and all unused Flight Coupons, upon your request we will replace such ticket (or part of it) by issuing a new ticket, provided there is evidence, readily ascertainable at the time, that a ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another carrier for misuse of the ticket. We will not claim reimbursement from you for any such loss which results from our own negligence. The issuing carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier or its agent.
3.1.7.b Where such evidence is not available, or you do not sign such an agreement; the carrier issuing the new ticket may require you to pay up to the full ticket price for a replacement ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated ticket has not been used before the expiry of its validity. If, upon finding the original ticket before the expiry of its validity, you surrender it to the carrier issuing the new ticket, the foregoing refund will be processed at that time.
3.1.8. A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.2. PERIOD OF VALIDITY
3.2.1. Except as otherwise provided in the ticket, these conditions, or in applicable tariffs, (which may limit the validity of a ticket, in which case the limitation will be shown on the ticket), a ticket is valid for:
3.2.1.a. One year from the date of issue; or
3.2.1.b. Subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the ticket.
3.2.2. When you are prevented from traveling within the period of validity of the ticket "because at the time you request reservations we are unable to confirm a reservation," the validity of such ticket will be extended, or you may be entitled to a refund in accordance with Article 10 hereinafter.
3.2.3. If after having commenced your journey, you are prevented from traveling within the period of validity of the ticket by reason of illness, we may extend the period of validity of your ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. A medical certificate must attest to such illness. When the Flight Coupons remaining in the ticket, or in the case of an Electronic Ticket, the Electronic Coupon, involve one or more stopovers, the validity of such ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of tickets of other members of your immediate family accompanying you.
3.2.4. In the event of the death of a passenger en route, the tickets of persons accompanying the passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a passenger who has commended travel, the validity of the passenger's tickets and those of his or her immediate family who are accompanying the passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty- five (45) days from the date of the death.
3.3. COUPON SEQUENCE AND USE
3.3.1. The ticket you have purchased is valid only for transportation as shown on the ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our tariff and is for the transportation as shown on the ticket. It forms an essential part of our contract with you. The ticket will not be honored and will lose its validity if all the coupons are not used in the sequence provided in the ticket.
3.3.2. Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as possible and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
3.3.3. Should you change your transportation without any agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower but otherwise, your unused coupons have no value.
3.3.4. Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price.
Many fares are valid only on the dates and for the flights shown on the ticket and may not be changed at all, or only upon payment of an additional fee.
3.3.5. Each Flight Coupon contained in your ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a ticket is originally issued without a reservation being specified, space may be later reserved subject to our tariff and the availability of space on the flight requested.
3.3.6. Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
3.4 NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "carrier" box in the ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment in the Itinerary Receipt.
ARTICLE 4: FARES, TAXES, FEES AND CHARGES
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may impact the fare to be paid by you, or as the case may be, refunded by us, in accordance with our regulation.
4.2. TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by governments or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of ticket issuance. If there is an increase in a tax, fee or charge shown on the ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund in accordance with Article 10 if the government or other authority imposing the tax, fee, or charge grants us a corresponding refund.
Fares, taxes, fees and charges are payable in the currency of the country in which the ticket is issued, unless another currency is indicated by us or our Authorized Agent, at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may at our discretion, accept payment in another currency.
ARTICLE 5: RESERVATIONS
5.1. RESERVATION REQUIREMENTS
5.1.1. We or our Authorized Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).
5.1.2. You should read the reservation requirements carefully because certain fares have conditions, that limit or exclude your right to change or cancel reservations.
5.1.3. You are required to provide valid mobile phone numbers and email address at the time of making reservations so that we can contact you in case of any changes to the flight schedule/operation. Contact will be made with Passengers by text message/SMS to the mobile phone number or via the e-mail address, as provided at the time of making the reservation in respect of schedule change(s), flight cancellation or general correspondence. Evidence of dispatch of the text
message/e-mail will be deemed to be evidence of receipt and we shall not be responsible for your failure to provide correct mobile phone number or email address at the time of making reservation.
5.1.4. If you have not provided us with a valid mobile phone number or email address, you should re-check your outward/return flight timings with our local offices or call center in Kuwait at least 72 hours prior to the scheduled time of departure.”
5.2. TICKETING TIME LIMITS
If you have not paid for the ticket prior to the specified ticketing time limit, as advised by us or our Authorized Agent, we may cancel your reservation.
5.3. PERSONAL DATA
You recognize that personal data has been given to us for the purposes of: making a reservation, purchasing a ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, Authorized Agents, Government Agencies, other Carriers or the Providers of the above-mentioned services.
We will endeavor to honor advance-seating requests; however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
5.5 RECONFIRMATION OF RESERVATIONS
5.5.1 You should check the reconfirmation requirements of any other carriers involved in your journey. Where it is required, you must reconfirm with the carrier whose code appears for the flight in question on the ticket.
5.6 CANCELLATION OF RESERVATIONS
5.6.1 We will cancel the unused part of your onward reservation if you do not check-in for any flight or if, having checked-in, you fail to present yourself at the boarding gate with your boarding pass within the time limit specified by us at check-in or you are declared as "no-show." You will also be declared as "no show" if you fail to connect on our flight due to delay of another airline flight. In such cases your return booking also shall be cancelled and hence it is necessary for you to reconfirm your return reservations before flying. If you are required to reconfirm your reservation before a flight, you should approach us or our Authorized Agent immediately or at least 72 hours before your return journey to reconfirm your return journey.
5.6.2 If you fail to reconfirm a reservation for any flight where it is required that reconfirmation is necessary, we may cancel all of your onward or return reservations. No refund of the fare paid will be available in respect of such cancelled reservation unless permitted by the conditions applicable to your Ticket.
5.6.3 If, after we have cancelled your reservation because of your failure to reconfirm your reservation where it is required that reconfirmation is necessary, we may reinstate your reservation at your request and carry you if there is space on the flight to which your cancelled reservation relates. If there is no space available on the flight, we will use reasonable efforts to try to carry you on another of our flights to your next or final destination, but we are not obliged to do so or pay any compensation or damages in connection therewith.
5.6.4 You should check the reconfirmation requirements of any other airlines involved in your carriage with them and, where necessary, reconfirm with the airline whose Airline Designator Code is entered in the Ticket for the flight in question. We will have no liability to you if another airline cancels one or more reservations because you failed to reconfirm that reservation where you were required to do so. Your right to onward travel or a refund will be governed by the Conditions of Carriage of the other airline.
5.6.5 If you miss your connecting flight on KAC due to the delay of another airline's flight and you or the airline which caused the delay fail to reconfirm your return sector on KAC, then KAC reserves the right to cancel your return or onward journey without liability.
5.6.6 We will not be liable to you for any loss or expense whatsoever resulting from your failure to comply fully with the requirements as stated above.
ARTICLE 6: CHECK-IN AND BOARDING
6.1 Check-in Deadlines are different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honor them. Your journey will be smoother if you allow yourself ample time to comply with applicable Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. Check-in Deadlines for our flights can be found in our timetable or on our Website, or may be obtained from our offices or our Authorized Agents.
6.2 You must be present at the boarding gate not later than the time specified by us when you check-in.
6.3 We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
6.4 We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this article.
6.5 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.
6.6 If specified on your booking confirmation, you may be asked to present the credit card used to pay for the Ticket at check-in. Other rules may apply for validation of other forms of payment.
6.7 You will subject yourself to and comply with a security check in accordance with the rules at the point of departure
ARTICLE 7: REFUSAL AND LIMITATION OF CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE
We may refuse carriage of any passenger or passenger's baggage for reasons of safety or if, in the exercise of its reasonable discretion, we determine that:
7.1.1. Such action is necessary in order to comply with any applicable laws, regulations, or orders of any State or country to be flown from, into or over;, or
7.1.2 The conduct, age, or mental or physical state of the passenger is such as to:
(i) Cause discomfort or make himself or herself objectionable to other passengers crew members;, or
(ii) Involve any hazard or risk to himself or herself or to other persons or to property; or
7.1.3 Such action is necessary because the passenger has failed to observe any of DGCA, KAC by-laws or instructions; or not to observe the lawful commands of the Pilot-in-Command or any instructions such as and not limited to: Smoking, use of Electronic Devices, Consumption or carrying of Alcohol, Fastening Seat Belts or Stowage of Carry-on-Baggage; or
7.1.4 The passenger has refused to submit to a security check; or
7.1.5 The applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between us and the passenger (or the person paying for the ticket) have not been complied with; or
7.1.6 The passenger does not appear to be properly documented; or
7.1.7 The ticket presented by the passenger
i) Has been acquired unlawfully or has been purchased from an entity other than us or our Authorized Agent, or
ii) Has been reported as being lost or stolen; or
iii) Is a counterfeit ticket; or
iv) Any flight coupon has been altered by anyone other than us or our Authorized Agent, or has been mutilated; and we reserve the right to retain such ticket; or
7.1.8. The person presenting the ticket cannot prove that he or she is the person named in the NAME OF PASSENGER box, and carrier reserves the right to retain such ticket(s).
7.2 REFUSAL OF ENTRY
7.2.1. If you are refused entry to a country (including a country you transit through while en route to your destination), you must reimburse us in full on request any fine, penalty or charge assessed against us by the government concerned (including detention costs) as well as the fare for transporting you, and an escort if required, from that country. We will not refund to you the fare paid for carriage to the airport where you were refused entry.
7.2.2. You must reimburse us in full on request the amount of any fine, penalty, detention costs, deportation or removal expenses, escorting charges (if any), cost of ticket(s) issued for you, or any other expenditure we incur because you have failed to comply with any laws, regulations, orders or other travel requirements of the country you have travelled to or because you have failed to produce the required travel documents on seeking entry to a country or you have been refused admission into the country. We may use the value of any unused carriage on your Ticket or any of your funds in our possession to pay sums due to us from you.
7.2.3. We will not be liable to you for the return of any of your travel documents, identification documents or Tickets confiscated by a governmental or other authority.
7.3 SPECIAL ASSISTANCE/LIMITATION ON CARRIAGE
Except on flights to and from the U.S., acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance are subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements. The above shall be in accordance with our regulations, if any, applicable from time to time.
ARTICLE 8: BAGGAGE
You may carry some Baggage free of extra charge. The amount of your free Baggage allowance and restrictions on size are shown in your e-Ticket Receipt/Itinerary and also as per our Regulations in force on the date of your flight which are available on our Website for reference.
8.1 ITEM UNACCEPTABLE AS BAGGAGE
8.1.a. You shall not include in your baggage:
(i) Items, which do not constitute baggage as, defined in Article 1 hereof;,
(ii) Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air transport Association (IATA) and in our Regulations & By-Laws (further information is available on our Website or from our offices upon request);
(iii) Items the carriage of which is prohibited by the applicable laws, regulations or orders of any State to be flown from, or to;
(iv) Items which in our opinion of unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items; or
(v) Live animals, except as provided for in paragraph (10) of this article.
8.1.b. Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as checked baggage in accordance with our Regulations. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA Dangerous Good Regulations.
8.1.c. The passenger shall not include in checked baggage, fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
8.1.d. Weapons such as antique firearms, swords, knives and similar items may be accepted as checked baggage, in accordance with our regulations, but will not be permitted in the cabin.
8.1.e. If any items referred to in sub-paragraphs (a) or (b) of this paragraph are carried, whether or not they are prohibited from carriage as baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these conditions applicable to the carriage of baggage.
8.2. RIGHT TO REFUSE CARRIAGE
8.2.a. We may refuse carriage as baggage of such items described in paragraph (1) of this article as are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery thereof.
8.2.b. We may refuse to carry as baggage any items because of its size, shape, weight or character.
8.2.c. Unless advance arrangements for its carriage have been made with us, we may carry baggage on a later flight, if it is in excess of the applicable free allowance.
8.2.d. We may refuse to accept baggage as checked baggage unless it is properly packed in a suitcase or other suitable containers to ensure safe carriage with ordinary care in handling.
8.3. RIGHT OF SEARCH
For reasons of safety and security, you personally are subject to search and scan, X-ray of your baggage, and search of your baggage in your absence, for the purpose of determining whether you are in possession of or whether your baggage contains any items described in paragraph 1 (a) above or any arms or ammunitions which have not been presented to us in accordance with paragraph 1 (b) above. If you are unwilling to comply with such request we may refuse to carry you or your baggage. If required, you will attend inspection of our Baggage by Customs or other government officials. We will not be liable to you for damage suffered by you in the course of such inspection or as a result of your failure to attend. You must allow security checks, searches and scans of your person by us, our handling agents, government officials, airport officials, police or military officials and other airlines involved in your carriage. If you do not allow all such security checks, searches and scans to be conducted, we will refuse to carry you and your Baggage.
8.4. CHECKED BAGGAGE
8.4.a. Your baggage shall be checked upon delivery to us, at which time we shall take custody thereof and issue a baggage identification tag for each piece of checked baggage.
8.4.b. If baggage has no name, initials or other personal identification, you shall affix such identification to the baggage prior to our acceptance of the baggage.
8.4.c. Checked baggage will be carried on the same aircraft as you unless we decide that this is impracticable, in which case we shall carry the checked baggage on our next flight on which space is available.
8.5. FREE BAGGAGE ALLOWANCE
You may carry free of charge baggage as specified and subject to the conditions and limitations in accordance with our regulations as published on our Website.
8.6. EXCESS BAGGAGE
You shall pay a charge for the carriage of baggage in excess of the free baggage allowance at the rate and in the manner provided in our regulations as published on our Website .
8.7. EXCESS VALUE DECLARATION AND CHARGE
8.7.a. If in accordance with our regulations and as published on our Website , we offer an excess valuation facility through which you may declare a value for checked baggage in excess of the applicable liability limits. If you make such a declaration you shall pay any applicable charges.
8.7.b. We shall refuse to accept an excess value declaration on checked baggage when a portion of the carriage is to be provided by another carrier, which does not offer the facility.
8.8 CARRY-ON BAGGAGE
8.8.a. Baggage which you carry on to the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size will not be permitted in the cabin and must be transported as checked baggage.
8.8.b. Objects not suitable for transport in the cargo compartment (such as delicate musical instruments and the like) will only be accepted for transportation in the cabin compartment if due notice has been given in advance and permission has been granted by us. The transport of such objects may be charged for separately.
8.9. COLLECTION AND DELIVERY OF BAGGAGE.
8.9.a. You shall collect your baggage as soon as it is available for collection at places of destination or stopover.
8.9.b. Only the bearer of the baggage check and identification tag, delivered to you at the time the baggage was checked, is entitled to delivery of baggage. Failure to exhibit the baggage identification tag shall not prevent delivery provided the baggage check is produced or the baggage is identified by other means.
8.9.c. If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage (identification) tag, we shall deliver the baggage to such person only on condition that you establish to our satisfaction of your right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.
8.9.d. If your baggage is lost, delayed, or damaged, you must notify the carrier immediately at the time of delivery. Your acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery shall be considered as prima-facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.
8.10.a. Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit will, with an advance agreement with us, be accepted for carriage, subject to our or any other involving carriers' regulations.
8.10.b. If accepted as baggage, the animal, together with its container and food carried, shall not be included in your free baggage allowance but will constitute excess baggage, for which you shall pay the applicable rate.
8.10.c. Guide dogs accompanying sight/hearing impaired and physically handicapped passengers together with containers and food, will be carried free of charge in addition to the normal free baggage allowance, subject to our or any other involving carriers' regulations.
8.10.d. Acceptance for carriage of animals is subject to the condition that you assume full responsibility for such animal. We shall not be liable for injury to or loss, delay, sickness or death of such animal in the event that it is refused entry into or passage through any country, State or territory.
8.11 CABIN BAGGAGE POLICY
Passengers are reminded that all cabin baggage must be of a size that either fits under the seat in front of you or in the overhead lockers. Items which are in excess of the maximum limitations as given in our Website may not be permitted in the aircraft cabin on our flights. If cabin baggage is not accepted by our ground staff it will be charged according to KAC Excess Baggage Charges per item may apply. The baggage will be transferred to the aircraft hold and a checked baggage receipt will be issued. Restrictions on the carriage of liquids, aerosols and gels in hand baggage apply at certain airports, including Kuwait International Airport. Passengers should check with the departure airport for specific security restrictions.
ARTICLE 9: SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS
9.1.1. The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.
9.1.2. Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your ticket. If you provide us with contact information, we will endeavor to notify you of any such changes. If, after you purchase your ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with article (10.2).
9.2. CANCELLATION, REROUTING, DELAYS, ETC.
9.2.1. We will take all necessary measures to avoid delay in carrying you and your baggage. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
9.2.2. Except as otherwise provided herein, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover destination, or cause you to miss a connecting flight on which you hold a confirmed reservation, we shall, at your option, either:
184.108.40.206. Carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your ticket, or
220.127.116.11. Within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of transportation without additional charge. If the fare and charges for the revised routing are lower than what you have paid, we shall refund the difference; or
18.104.22.168. Make a refund in accordance with the provisions of Article 10.3.
9.2.3. Upon the occurrence of any of the events set out in Article 9.2.2, except as otherwise provided herein, the options outlined in Articles 22.214.171.124 through 126.96.36.199 are the sole and exclusive remedies available to you and we shall have no further liability to you.
9.2.4 If we are unable to provide previously confirmed space, we shall provide compensation to those passengers denied boarding in accordance with applicable law and our denied boarding compensation policy.
9.2.5 If you fail to reconfirm a reservation for any flight where it is required that reconfirmation is necessary, we may cancel all of your reservations. No refund of the fare paid will be available in respect of such cancelled reservation unless permitted by the conditions applicable to your Ticket.
ARTICLE 10: REFUNDS
On failure by us to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his or her arrangements, refund for an unused ticket or portion thereof shall be made by us in accordance with our regulations applicable from time to time.
10.2. PERSON TO WHOM REFUND WILL BE DUE
10.2.a. Except as hereinafter provided in this paragraph, we shall be entitled to make refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof.
10.2.b. If a ticket has been paid for by a person other than the one named on the ticket, and we have indicated on the ticket that there is a restriction on refund, we shall make a refund only to the person paying for the ticket or to that person's order.
10.2.c. Except in the case of lost tickets, refunds will only be made when your ticket coupon / or your receipt / and all unused flight coupons are surrendered to us.
10.3.d. A refund made to anyone presenting your ticket coupon or receipt and all unused flight coupons and holding you out as a person to whom refund may be made in terms of sub-paragraphs (a) or (b) of this paragraph shall be deemed a proper refund and shall discharge us from liability and any further claim for refund.
10.3. INVOLUNTARY REFUNDS
If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at a point to which you are destined or ticketed to stop over, are unable to provide previously confirmed space or causing to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:
10.3.a.If no portion of the ticket has been used, an amount equal to the fare paid; less any applicable service charges or cancellation fees.
10.3.b.If a portion of the ticket has been used, the refund will be the higher of:
i. The one way fare (less applicable discounts and charges) from point of interruption to destination or point of next stopover, or;
ii. The difference between the fare paid and the fare for the transportation used.
10.4. VOLUNTARY REFUNDS
If you are entitled to a refund of your ticket for reasons other than those set out in this Article, the amount of the refund shall be:
10.4.a.If no portion of the ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees; or
10.4.b.If a portion of the ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the ticket has been used, less any applicable service charges or cancellation fees.
10.4.1. Refund on Lost Ticket
If you lose your ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the ticket, provided that:
10.4.1.a.That the lost ticket, or portion of it, has not been used, previously refunded or replaced, (except where the use, refund or replacement by or to a third party resulted from our own negligence); and
10.4.1.b.That the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from our own negligence).
10.4.2.If we or our Authorized Agent lose the ticket or portion of it, the loss shall be our responsibility.
10.5. RIGHT TO REFUSE REFUND
10.5.1.We may refuse a refund where application is made after the expiry of the validity of the ticket.
10.5.2.We may refuse a refund on a ticket which has been presented to us, or to Government Officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport.
10.6.1.All refunds will be subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the ticket was paid for, but may be made in another currency in accordance with our regulations.
10.6.2.Voluntary refunds will be made only by us who originally issued the ticket or by our agent if so authorized.
ARTICLE 11: CONDUCT ABOARD AIRCRAFT
If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, obstruct the crew in the performance of their duties, fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol, drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to yourself/other passengers or the crew, we may take such measures, as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft in accordance with all applicable laws.
11.2. ELECTRONIC DEVICES
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
ARTICLE 12: ARRANGEMENTS FOR ADDITIONAL SERVICES
12.1. 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, car rental etc., in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.
12.2. If we are also providing surface transportation to you, other conditions may apply to such surface transportation and are available from us upon request. We shall have no liability to you except for negligence on our part in making such arrangements.
ARTICLE 13: ADMINISTRATIVE FORMALITIES
You shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with us or any other involving carriers' regulations and instructions. We shall not be liable for any aid or information given by any agent or employee of carrier to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise, or for the consequences to any passenger resulting from his failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2. TRAVEL DOCUMENTS
Prior to travel, you must present all exist, 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.
13.3. REFUSAL OF ENTRY
You shall pay the applicable fare whenever we or any other involving carrier, on government order, is required to return to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or of destination. We may apply to the payment of such fare any funds paid to us for unused carriage, or any funds of yours in our possession. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded.
13.4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, OR FEES, ETC.
If you cancel your travel plan after being checked-in with or without baggage, you are required to pay a fine or penalty or to incur any expenditures caused by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the carrier or the countries concerned or to produce any required documents. You shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.
13.5. CUSTOMS INSPECTION
If required, you shall attend inspection of your baggage, by Customs or other government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
13.6. SECURITY INSPECTION
You shall submit to any security checks by governments, airport officials, carriers or by us.
ARTICLE 14: SUCCESSIVE CARRIERS
Carriage to be performed by us and other carriers under one ticket, or a Conjunction ticket is regarded as a single operation for the purposes of the convention. However, your attention is drawn to article (15.2.b).
ARTICLE 15: LIABILITY FOR DAMAGE
15.1. Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which the Convention applies.
15.2. In carriage which is not international carriage to which the Convention applies:
15.2.a. We shall be liable for damage to you or your checked baggage only if such damage has been caused by our negligence. If there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence.
15.2.b. Except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result;
(i) our liability with respect to you for death, wounding or other bodily injury shall be limited to the sum of US$ 20,000; provided that if in accordance with applicable law a different limit of liability is applicable such different limit shall apply.
(ii) With respect to delay, we shall be under no liability except as provided in these Conditions of Carriage.
15.3. To the extent not in conflict with the foregoing and whether or not the Convention applies:
15.3.a.We shall be liable only for damage occurring on our own line. If we issue a ticket or check baggage over the lines of another carrier, we only as agent for such other carrier. Where transportation of your baggage is performed by successive carriers (as defined by the Warsaw or Montreal Convention), you shall have a right of action against the first or last carrier.
15.3.b. Except to the extent inconsistent with the Warsaw Convention or the Montreal Convention, we are not liable for any damage arising from our compliance with any laws or government regulations, orders or requirements, or from your failure to comply with the same.
15.3.c. Our liability shall not exceed the amount of proven damages. We shall furthermore not be liable for indirect or consequential damage.
15.3.d If any of you carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, we shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition.
15.3.e. Any exclusion or limitation of liability on our part shall apply to and be for the benefit of agents, employees and representatives of us and any person whose aircraft is used by us and such person's agents, employees and representatives. The aggregate amount recoverable from us and from such agents, employees, representatives and person shall not exceed the amount of our limit of liability.
15.3.f. Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability on our part under the Convention or applicable laws.
15.4. DAMAGE TO BAGGAGE AND DELAY OF BAGGAGE
15.4.a. We are not liable for damage to unchecked baggage unless such damage is caused by our negligence. If there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence.
15.4.b. Except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, our liability in the case of damage to checked baggage or of its delay shall be limited to a maximum of 19 SDRs per kilogram and in the case of damage to unchecked baggage shall be limited to a maximum of 332 SDRs per passenger if the carriage is subject to the Warsaw Convention/Hague Protocol/Montreal Protocol. If we are liable in under the Montreal Convention, our liability for checked and unchecked baggage and for damage and/or delay of checked baggage will be limited to 1,131 SDRs per passenger.
15.4.c. If in the case of checked baggage a higher value is declared pursuant to Article 8 paragraph 7, our liability shall be limited to such higher declared value.
15.4.d. If the weight of the 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 for the class of service concerned, as provided in our Regulations.
15.4.e. We are not liable to you for injury or for damage your baggage caused by property contained in your baggage. Any passenger whose property causes injury to another person or damage to another person's property or to our property shall indemnify us for all losses and expenses incurred by us as a result thereof.
15.4.f. Except to the extent inconsistent with the Warsaw Convention or the Montreal Convention, we are not liable for damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, which are included in your checked baggage.
15.4.g. We will not be liable for cosmetic or superficial damage caused to baggage as a result of normal wear and tear caused during carriage.
15.5. PERSONAL DAMAGE OR INJURY
Should we be liable for your death, injury, or other bodily harm on a flight covered by the Warsaw Convention or the Montreal Convention:
15.5.a. We will not invoke any limitation of liability with regard to any claim for proven compensatory damages arising under the Convention.
15.5.b. We will not be liable for damages exceeding 131,100 SDRs per passenger where we can prove that the Damage was not due to the wrongful act, omission, or negligence of us our another carrier, or such Damage was solely due to the negligence or wrongful act or omission of a third party.
15.5.c. Unless otherwise specified in this section, we reserve all defenses available to us under the Convention and applicable national law. We also reserve all rights of recourse against third parties.
15.5.d. Should you suffer death, bodily injury, or be otherwise severely wounded on one of our flights, we will make, within fifteen (15) days of determining who is entitled to compensatory damages, an advance payment for you or your next-of-kin to address your immediate financial needs. The amount being advanced will be determined in accordance with the applicable Convention.
15.5.e. The payment of such an advance is not an acceptance of our liability. We will deduct the advance payment from any additional liability we are required to pay, as applicable. If it is subsequently proven that you caused or contributed to your own death or injury through your own actions or negligence, or if your death was caused or contributed to by an existing sickness or impairment, you will have to return the advance payment to us. The advance payment will also have to be returned if its recipient caused or contributed to the death or injury through negligence, or is not entitled to compensatory damages.
15.6. LIABILITY IN THE CASE OF DELAY
Our liability for damage caused by delay of your carriage is limited by and subject to the Warsaw Convention or the Montreal Convention, as applicable. Where neither Convention applies, we will have no liability to you except as provided in these Conditions of Carriage.
15.7. LIABILITY IN THE CASE OF CODESHARE FLIGHTS
For flights operated by us as codeshare services together with another carrier, we will be liable only to those passengers on whose tickets we are shown as the Carrier by our Airline Designator Code. We are only liable to damages caused to the passengers of our codeshare partner if we are the operator of the flight on which the damage occurred.
As required by EU law, this notice sets out a non-exhaustive summary of the liability of Kuwait Airways for passengers and their baggage. Kuwait Airways , its subsidiaries and franchisees make every effort to operate their flights as per their published schedules. There are occasions however, where it is not possible to do so and a flight may be delayed or cancelled. This notification informs you of your rights under EC Regulation No 261/2004 should this happen; it does not give you any additional contractual rights. This law is applicable to all passengers departing from an airport within the EU and to all passengers travelling into an EU Member State on an EU carrier unless they have received assistance in the country of departure. In the event of a disruption of flight schedule, KU will be taking steps to minimize the inconvenience and make any waiting time as comfortable as possible. All our actions shall meet with the requirements of the European Union's Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
ARTICLE 16: TIME LIMITATION ON CLAIMS AND ACTIONS
16.1. Notice of Claims
No action shall lie in the case of damage to checked baggage unless the person entitled to delivery complains to us forthwith after the discovery of the Damage, and, at the latest, within (7) days from the date of receipt; and in case of delay, unless the complaint is made at the latest within (21) days from the date on which the baggage has been placed at his disposal. Every complaint must be made in writing and dispatched within the times aforesaid.
16.2. Limitation of Actions
Generally any right to damages shall be extinguished if an action is not brought within two years from the date of arrival at the destination, or from the date of which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the law of the court shall determine the period of limitation seized of the case.
ARTICLE 17: MODIFICATION AND WAIVER
No Agent, employee or representative of us has authority to alter, modify or waive any provision of these Conditions of Carriage.
ARTICLE 18: INTERPRETATION
18.1 We will use reasonable efforts to make correct decisions about the interpretation of applicable laws, regulations, orders or governmental policy for the purposes especially of Articles regarding our right to refuse carriage and your conduct aboard aircraft. Sometimes such decisions may have to be made in circumstances where limited time is available and no proper opportunity exists to carry out any or sufficient enquiries. As a result, any such decision made by us will be final and binding on you even if subsequently proved to be incorrect, provided that at the time we made our decision we had reasonable grounds for believing that it was correct.
18.2 Where we expressly state in these Conditions of Carriage that you must comply with applicable law or applicable governmental, ICAO or IATA requirements, you must make sure that you comply with such applicable law or requirements at all times and especially on the date or dates of your carriage.
18.3 All dates and periods of time referred to in these Conditions of Carriage will be ascertained in accordance with the Gregorian calendar.
18.4 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.