Georgian Airways General Conditions of Carriage (Passenger and Baggage)
Georgian Airways General Conditions of Carriage for
Passengers and Baggage
Article 1. Meaning of Particular Expressions
Article 2. Applicability
2.1 General
2.2 Charter Operations
2.3 Code Shares
2.4 Overriding Law
2.5 Conditions Prevail over Regulations
Article 3. Tickets
3.1 General Provisions
3.2 Period of
Validity
3.3 Coupon Sequence and Use
3.4 Name and Address of Carrier
Article 4. Fares, Taxes, Fees, and Charges
Article 5. Reservations
5.1 Reservation Requirements
5.2
Ticketing Time Limits
5.3 Personal Data
5.4 Seating
5.5 Reconfirmation of
Reservations
5.6 Cancellation of Onward Reservations
Article 6. Check-in and Boarding
Article 7. Refusal and Limitation of Carriage
7.1 Refusal of
Carriage
7.2 Special Assistance
Article 8. Baggage
8.1 Free Baggage Allowance
8.2 Excess
Baggage
8.3 Items Unacceptable as Baggage
8.4 Right to Refuse Carriage
8.5
Right of Search
8.6 Checked Baggage
8.7 Unchecked Baggage
8.8 Delivery of Checked
Baggage
8.9 Animals
Article 9. Schedules, Delays, and Cancellation of Flights
9.1
Schedules
9.2 Cancellation, Rerouting, Delays, etc.
Article 10. Refunds
10.1 General
10.2 Involuntary Refunds
10.3 Voluntary Refunds
10.4 Refund on Lost Paper Ticket
10.5 Right to Refuse
Refund
10.6 Currency
10.7 By Whom Ticket Refundable
Article 11. Conduct Aboard Aircraft
11.1 General
11.2
Electronic Devices
11.3 Non-Smoking Flights
11.4 Seat Belts
Article 12. Arrangements for Additional Services
Article 13. Administrative Formalities
13.1 General
13.2
Travel Documents
13.3 Refusal of Entry
13.4 Passenger Responsible for Fines
13.5 Customs Inspection
13.6 Security Inspection
13.7 Transmission of Passenger
Data
Article 14. Successive Carriers
Article 15. Liability for Damage
15.1 Principles
15.2
Applicable Rules
15.3 General Regulations
15.4 Liability for Personal Injury
15.5 Liability for Damage to Baggage
Article 16. Time Limitation on Claims and Actions
16.1
Baggage Claims
16.2 Complaints
16.3 Limitation of Actions
Article 17. Other Conditions
Article 18. Modification and Waiver
Article 19. Interpretation
Article 20. Jurisdiction
Article 1. Meaning of Particular Expressions
In these Conditions, the following expressions shall have
the meanings set out below:
We, Our, Ourselves, and Us mean Georgian Airways LLC.
You, Your, and Yourself mean any person, other than a member
of the crew, carried or to be carried in an aircraft pursuant to a Ticket (see
also the definition of Passenger).
Agreed Stopping Places mean those places, other than the
place of departure and the place of destination, set out in the Ticket or shown
in Georgian Airways timetables as scheduled stopping places on the Passenger’s
route.
Airline Designator Code means the two-character IATA code
(A9) or the three-letter ICAO code (TGZ) identifying Georgian Airways LLC.
Authorized Agent means a Passenger sales agent appointed by
Georgian Airways to represent our airline in the sale of air Passenger
transportation on our services and, when authorized, on the services of other
air carriers.
Baggage means the personal property of a Passenger
accompanying him/her in connection with his/her journey. Unless otherwise
specified, it includes both Checked and Unchecked Baggage.
Baggage Check means those portions of the Ticket relating to
the carriage of the Passenger’s Checked Baggage.
Baggage Identification Tag means a document issued by
Georgian Airways and attached to the Passenger’s Checked Baggage for identification
purposes.
Boarding Pass means the document issued to the Passenger at
check-in entitling the Passenger to board the aircraft and occupy a specified
seat.
Cabin or Unchecked Baggage means any of the Passenger’s
Baggage other than Checked Baggage. Cabin Baggage is carried by the Passenger
into the cabin of the aircraft and remains in the custody of the Passenger.
Carriage means the carriage of Passengers and/or Baggage by
air.
Carrier means an air carrier other than Georgian Airways
(A9) whose Airline Designator Code appears on your Ticket or on a Conjunction
Ticket.
Carrier’s Regulations means rules, other than these
Conditions, published by Georgian Airways and in effect on the date of Ticket
issuance, governing the carriage of Passengers and/or Baggage, including any
applicable tariffs in force.
A Charter Flight is a flight that is not part of an
airline’s published schedule. It is usually organized by a group, company, or
tour operator, who determines the flight’s departure and arrival times, origin,
and destination. Charter flights may be one-time, seasonal, or operated on a
recurring basis, based on the contract between the airline and the group,
company, or tour operator chartering the flight. If a tour operator is
organizing a charter flight and selling Tickets, Passengers typically purchase
their Tickets from the tour operator and not from the airline.
Checked Baggage means Baggage of which Georgian Airways
takes custody and for which we have issued a Baggage Identification Tag.
Checked Baggage is carried in the hold of the aircraft.
Check-in Deadline means the time limit specified by Georgian
Airways by which you must have completed check-in formalities and received your
Boarding Pass.
Child means a person who has reached his/her second birthday
prior to the commencement of travel for each sector, but who has not reached
his/her twelfth birthday as of the date of commencement of travel.
Code Share Flight means a flight operated by one Carrier for
which we issue a Ticket showing our Airline Designator Code as the carrier
pursuant to an agreement between Georgian Airways and that Carrier.
Conditions of Carriage mean these Conditions of Carriage for
Passenger and Baggage.
Conditions of Contract mean those terms and conditions on
which the contract of carriage has been made and which are contained in or
delivered with your Ticket or Itinerary/Receipt, including references to
notices and these General Conditions of Carriage.
Confirmed Reservation means that the Passenger holds a
Ticket which contains: - in case of a paper Ticket, the number, date, and time
of the flight and the notation “OK” in the appropriate space; or - in case of
an Electronic Ticket or paperless transport document, an indication that the reservation
has been made with the notation “HK/TK” and confirmed in the appropriate space.
Conjunction Ticket means a Ticket issued to you in
conjunction with another Ticket, together constituting a single contract of
carriage.
Connecting Flight means a subsequent flight providing onward
travel on the same Ticket or on a Conjunction Ticket.
Convention means whichever of the following instruments is
applicable to the contract of carriage:
● The Convention for the Unification of Certain Rules
Relating to International Carriage by Air, signed at Warsaw on 12 October 1929
(the “Warsaw Convention”);
● The Warsaw Convention as amended at The Hague on 28 September 1955;
● The Convention Supplementary to the Warsaw Convention for
the Unification of Certain Rules Relating to International Carriage by Air
Performed by a Person other than the Contracting Carrier, signed at Guadalajara
on 18 September 1961.
● The Tokyo Convention, adopted in 1963, forms one of the
cornerstones of international aviation security law, providing a legal
framework to address crimes committed on board aircraft and related matters.
● 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);
Electronic Coupon means an electronic flight coupon for an
Electronic Ticket held in Georgian Airways’ database.
Electronic Ticket means the Itinerary/Receipt issued by
Georgian Airways, or on behalf of Georgian Airways, the Electronic Coupons and,
if applicable, a boarding document.
Final Destination means the destination on the Ticket
presented for check-in or, in case of directly connecting flights, the
destination of the last flight.
Flight Coupon means that portion of the Ticket issued by or
on behalf of Georgian Airways identified as being “valid for carriage” or, in
case of an Electronic Ticket, the Electronic Coupon, and indicates the
particular places between which the Passenger is entitled to be carried.
Flight Segment means a portion of transportation between two
places carried out by Georgian Airways or by another Carrier.
Force Majeure means extraordinary and unforeseeable
circumstances beyond the control of the Carrier, the consequences of which
could not have been avoided despite all due care being exercised. Such
circumstances include, but are not limited to, adverse weather conditions,
unforeseen risks to flight safety or aviation security, strikes, and air
traffic control restrictions.
Infant means a person who has not reached his/her second
birthday prior to the commencement of travel for each sector.
Itinerary/Receipt means a document or documents issued by
Georgian Airways or our Authorized Agents to Passengers traveling on Electronic
Tickets. It may be issued on paper, by fax, by e-mail, or delivered
electronically. It contains the Passenger’s name, flight information, and
notices. The paper/electronic document is preferred to be retained by the
Passenger and carried throughout the journey.
Normal fare means a fare established for carriage in a given
class (Business or Economy), and any other fare published as a normal fare.
Notice of Contract Terms Incorporated by Reference means
those statements contained in or delivered with your Ticket or
Itinerary/Receipt, identified as such, which incorporate by reference these
Conditions of Carriage and notices.
Passenger means any person, other than members of the crew,
carried or to be carried on an aircraft with the consent of the Carrier.
Passenger Coupon means the portion of the Passenger Ticket
and Baggage Check constituting the Passenger’s written evidence of the contract
of carriage.
Passenger Ticket means those portions of the Ticket issued
by the Carrier which is provided for the carriage of the Passenger.
Place of Departure means the airport from which travel
initially commences, as shown on the Ticket.
Place of Destination means the airport where the Passenger
reaches his/her ultimate stopping place, as shown on the Ticket.
Rerouting means a change of route, including origin,
destination, stopover or connection points, fare, carrier(s), class of service,
flight, or date from that originally provided for on the Ticket. This does not
apply to open Tickets.
SDR means a Special Drawing Right (unit of account) as
defined by the International Monetary Fund
Special Fare means any fare other than a Normal Fare.
Stopover means a scheduled interruption of the journey by
the Passenger at a point between the Place of Departure and the Place of
Destination.
Tariff means the published fares, charges, and/or related
Conditions of Carriage of an airline filed, where required, with the
appropriate authorities.
Ticket Validity Period means the period during which a
Passenger Ticket is valid for travel.
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 by our Authorized Agents to the Passenger. The Ticket includes the
Conditions of Contract, Coupons, and Notices.
Unchecked (Cabin) Baggage means any of your Baggage other
than Checked Baggage.
Article 2. Applicability
2.1 General
Except as provided in Articles 2.2, 2.4, and 2.5, these
Conditions of Carriage apply only to flights or flight segments where our name
(Georgian Airways) or Airline Designator Code (A9) 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 shall apply only to the extent that 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 Share.” This means that even if you hold a reservation with us
and a Ticket on which our name (Georgian Airways) or Airline Designator Code
(A9) is indicated as the carrier, another Carrier may operate the aircraft. If
such arrangements apply, we shall advise you of the Carrier operating the
aircraft at the time you make your reservation.
2.4 Overriding Law
If any provision of these Conditions of Carriage is invalid
under any applicable law, the remaining provisions shall nevertheless remain
valid.
2.5 Conditions Prevail over Regulations
Except as otherwise provided in these Conditions of
Carriage, in the event of any 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
Carriage will be provided only to the Passenger named in the
Ticket when a confirmed booking exists. If the Passenger is unable to verify
his/her identity, we reserve the right to deny carriage.
3.1.2
It is the Passenger’s responsibility to take all reasonable
measures to ensure that the Paper Ticket is not lost or stolen. 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 obtain appropriate insurance to cover
circumstances in which you may have to cancel your Ticket.
3.1.4
If you hold a Ticket, as described in Article 3.1.3 above,
which is completely unused, and you are prevented from travelling due to Force
Majeure, provided that you promptly notify us and furnish satisfactory evidence
of such Force Majeure, the Ticket will be retained and remain valid for one (1)
year from the original date of issue. During this period, the Ticket may be
rebooked subject to the applicable change penalty and any fare difference.
3.1.5
The Ticket is and remains at all times the property of the
issuing Carrier.
3.1.6
With the exception of Electronic Tickets, Passengers shall
only be carried if they are able to present a valid Ticket that contains the
Coupon that corresponds to the flight concerned and all other unused Coupons as
well as the Passenger Coupon.
Moreover, a Ticket that is damaged or has been modified by a
person other than the Carrier or one of its Authorized Agents shall not be
valid for Carriage.
For Electronic Tickets, Passengers must provide proof of identity and shall only be carried on a flight if a valid Electronic Ticket has been issued in their name.
3.1.7
Where both paper or electronic Ticket evidence is not available, the Carrier issuing the new Ticket may require you to pay up to the full Ticket price for the replacement Ticket, subject to refund if and when the original issuing Carrier is satisfied that the lost or mutilated Ticket was not used before the expiry of its validity. If, before expiry of its validity, you find the original Ticket and surrender it to the Carrier issuing the new Ticket, the foregoing refund will be processed at that time.
3.2 Period of Validity
3.2.1
Except as otherwise provided in the Ticket, these Conditions, or applicable Tariffs, a Ticket is valid for:
(a) one year from the date of issue; or (b) subject to the first travel taking place within one year from the date of issue or/and one year from the date of first travel under the Ticket.
3.2.2
If a Passenger in possession of a valid Ticket is unable to travel during the validity period of their Ticket solely on the ground that, when the Passenger requests a Reservation on a flight, the Carrier is not in a position to confirm the Reservation requested by the Passenger:
- Either the validity of the Ticket shall be extended until the first available flight;
- The fare, including applicable taxes, will be refunded, under the conditions provided for in Article 10 (Refunds) below;
- Or the Passenger will accept a corresponding fare readjustment.
3.2.3
If, after commencing your journey, you are unable to travel within the validity of your Ticket due to illness, we shall take this into consideration and may extend the validity of your Ticket. The extension may be granted until you are fit to travel or until the first available flight thereafter, subject to availability in the same class of service.
3.2.4
In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay requirement or extending the validity. In the event of the death of an immediate family member of a Passenger who has commenced travel, the validity of the Passenger’s Ticket and those of his or her immediate family members accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate, and any extension of validity shall not exceed sixty (60) days from the date of death.
3.3 Coupon Sequence and Use
3.3.1
The Ticket you have purchased is valid only for the transportation 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 valid only for the transportation 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 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
recalculated, and you will be given the option of accepting the new price or
maintaining your original transportation as ticketed. If you are required to
change any aspect of your transportation due to Force Majeure, you must contact
us as soon as practicable, and we shall use reasonable efforts to transport you
to your next Stopover or Final Destination without recalculation of the fare.
3.3.3
Please note that while some changes may not result in a fare
adjustment, others, such as changing the Place of Departure (for example, if
you do not fly the first segment) or reversing the direction of travel, may
result in an increase in price. Many fares are valid only on the dates and
flights shown on the Ticket and may not be changed at all, or may be changed
only upon payment of an additional fee.
3.3.4
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 later be reserved subject to our Tariff
and the availability of space on the requested flight.
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 segment in the Itinerary/Receipt.
Article 4. Fares, Taxes, Fees, and Charges
4.1
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 transportation between airports
or between airports and town terminals. Your fare will be calculated in
accordance with our Tariff in effect on the date of payment for travel on the
specific dates and itinerary shown on the Ticket. Should you change your
itinerary or dates of travel, this may affect the fare payable.
4.2
4.3
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 due to 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 shall provide you with written confirmation of your
reservation(s).
5.1.2
Certain fares are subject to conditions that limit or
exclude your right to change or cancel reservations.
5.2 Ticketing Time Limits
If you have not paid for the Ticket prior to the specified
ticketing deadline, as advised by us or our Authorized Agent, we may cancel
your reservation.
5.3 Personal Data
You acknowledge that personal data has been provided 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 such data available 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, the travel agency that
issued the Ticket, government agencies, other Carriers, or providers of the
above-mentioned services.
5.4 Seating
5.5 Reconfirmation of Reservations
5.5.1
We do not require reconfirmation for Georgian Airways
flights. If other Carriers require the Passenger to reconfirm onward or return
reservations, failure to comply with such requirements may entitle those
Carriers to cancel the onward or return reservation.
5.5.2
You should check the reconfirmation requirements of any
other Carriers involved in your journey. Where reconfirmation is required, you
must reconfirm with the Carrier whose Airline Designator Code appears for the
relevant flight on the Ticket.
5.6 Cancellation of Onward Reservations
Please be advised that if you fail to show up for any flight
without notifying us in advance, we may cancel your return or onward
reservation.
5.6.1
A service charge may be payable by a Passenger who:
5.6.1.1 fails to arrive at the Carrier’s check-in location
at the airport or other point of departure by the time fixed by the Carrier,
or, if no time is fixed, sufficiently in advance of departure to permit
completion of government formalities and departure procedures, and therefore
does not use the space for which a reservation has been made; or
5.6.1.2 appears improperly documented and is therefore not
ready to travel, and as a consequence does not use the space for which a
reservation has been made; or
5.6.1.3 cancels his/her reservation later than the time
limit prescribed by the Carrier.
The service charge shall not be payable if, due to a flight
delay or cancellation, omission of a scheduled stop, or failure to provide
space, the Passenger cancels his/her reservation or fails to arrive in time for
departure for one of the aforesaid reasons.
Article 6. Check-in and Boarding
6.1
Check-in Deadlines vary by airport, and we recommend that you inform yourself of the applicable deadlines and comply with them. Your journey will be smoother if you allow sufficient time to meet the Check-in Deadlines. We reserve the right to cancel your reservation if you fail to comply with the applicable Check-in Deadline. We or the travel agency that issued the Ticket will advise you of the Check-in Deadline for your first flight with us. Check-in Deadlines for Georgian Airways flights may also be obtained from the travel agency that issued the Ticket.
6.2
You must be present at the boarding gate no later than the time specified by us at check-in.
6.3
We may cancel the space reserved for you if you fail to arrive at the boarding gate on time.
6.4
We shall not be liable for any loss or expense incurred solely as a result of your failure to comply with the provisions of this Article.
Article 7. Refusal and Limitation of Carriage
7.1
We may refuse to carry you on your journey or onward journey if we have notified you in writing that we shall not, at any time after the date of such notice, carry you on our flights. We are also entitled to refuse carriage if:
7.1.1 such action is necessary to prevent violation of any applicable laws, regulations, or orders of any state to be flown from, into, or over; or 7.1.2 your carriage may endanger security or cause health risks or discomfort to other Passengers; or 7.1.3 your conduct, age, mental or physical condition, including impairment by alcohol or drugs, presents a hazard or risk to yourself, other Passengers, the crew, or property; or 7.1.4 you have committed misconduct on a previous flight and we have reason to believe that such conduct may be repeated; or 7.1.5 you have refused to submit to a security check; or 7.1.6 you have not paid the applicable fare, taxes, fees, or charges; or 7.1.7 you do not appear to have valid travel documents, may attempt to enter a country through which you are in transit or for which you do not hold valid travel documents, destroy your travel documents during the flight, or refuse to surrender them to the flight crew against receipt when requested; or
7.1.8 you present a Ticket acquired unlawfully, reported as
lost or stolen, counterfeit, or in a name which you cannot prove is yours; or 7.1.9
you have failed to comply with the requirements of Article 3.3 concerning
coupon sequence and use, or you present a Ticket issued or altered otherwise
than by us or an authorized travel agency; or 7.1.10 you fail to observe our
safety or security instructions; or 7.1.11 you fail to observe the non-smoking
rule on board our aircraft or use electronic equipment on board where such use
is prohibited.
7.2 Special Assistance
7.2.1
Acceptance for carriage of unaccompanied children,
incapacitated persons, pregnant women, persons with illness, or other persons
requiring special assistance is subject to prior arrangement with us.
Passengers with disabilities who have advised us of their special assistance at
the time of ticketing and have been accepted by us shall not subsequently be
refused carriage on the basis of such disability or special requirements.
7.2.2 Carriage of Children
Children under the age of 16 may travel only when
accompanied by an adult at least 18 years old or by a sibling at least 16 years
old. The carriage of unaccompanied minors aged between 8 and 16 is subject to
prior arrangement with the Carrier and payment of the appropriate fee.
Regulations governing the carriage of unaccompanied minors are available from
the Carrier’s sales offices.
Article 8. Baggage
8.1 Free Baggage Allowance
You may carry a certain amount of Baggage free of charge,
subject to our conditions and limitations, which are available upon request
from us or our Authorized Agents, and which may also be stated in the Passenger
Coupon or in the Conditions of Contract printed in your Ticket.
8.2 Excess Baggage
You will be required to pay a charge for the carriage of
Baggage in excess of the free Baggage allowance. Applicable rates are available
from us upon request.
8.3 Items Unacceptable as Baggage
8.3.1
You must not include in your Baggage:
8.3.1.1 items likely to endanger the aircraft, persons, or
property on board the aircraft, including those specified in the International
Civil Aviation Organization (ICAO) Technical Instructions for the Safe
Transport of Dangerous Goods by Air, the International Air Transport
Association (IATA) Dangerous Goods Regulations, and our own regulations,
further information on which is available from us upon request;
8.3.1.2 items the carriage of which is prohibited by the
laws, regulations, or orders of any state from, to, or over which the flight is
operated;
8.3.1.3 items reasonably considered by us to be unsuitable
for carriage because they are dangerous, unsafe, or because of their weight,
size, shape, or character, or because they are fragile or perishable, having
regard, among other things, to the type of aircraft being used. Information
about prohibited items is available upon request.
8.3.2
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. Firearms must
be unloaded, have the safety catch engaged, and be suitably packed. Carriage of
ammunition is subject to ICAO and IATA Regulations as specified in Article
8.3.1.1.
8.3.3
Weapons such as antique firearms, swords, knives, and
similar items may, at our discretion, be accepted as Checked Baggage, but shall
not be permitted in the cabin of the aircraft.
8.3.4
You must not include in your Checked Baggage money, jewelry,
precious metals, computers, personal electronic devices, negotiable papers,
securities, other identification documents, or samples.
8.3.5
If, despite being prohibited, any of the items referred to
in Articles 8.3.1, 8.3.2, and 8.3.4 are included in your Baggage, we shall not
be responsible for any loss of or damage to such items.
8.4 Right to Refuse Carriage
8.4.1
Subject to Articles 8.3.2 and 8.3.3, we shall refuse to
carry as Baggage the items described in Article 8.3, and we may refuse further
carriage of any such items upon discovery.
We may refuse to carry as Baggage any item reasonably
considered by us to be unsuitable for carriage because of its size, shape,
weight, content, character, or for safety or operational reasons, or for the
comfort of other Passengers. Information about packing and containers
unacceptable to us is available upon request.
8.5 Right of Search
For reasons of safety and security, you may be required to
permit governmental authorities a search and scan of your person and a search,
scan, or x-ray of your Baggage. If you are not available, your Baggage may be
searched in your absence for the purpose of determining whether you are in
possession of, or whether your Baggage contains, any item described in Article
8.3.1 or any firearms, ammunition, or weapons not presented to us in accordance
with Articles 8.3.2 or 8.3.3. If you are unwilling to comply with such a
request, we may refuse to carry you and your Baggage. In the event that a
search or scan causes Damage to you, or an x-ray or scan causes Damage to your
Baggage, we shall not be liable for such Damage unless it results from our
fault or negligence.
8.6 Checked Baggage
8.6.1
Upon delivery to us of your Baggage which you wish to check,
we shall take custody of it and issue a Baggage Identification Tag for each
piece of Checked Baggage.
8.6.2
Checked Baggage must bear your name or other personal
identification.
8.6.3
Checked Baggage will, whenever possible, be carried on the
same aircraft as you, unless we decide for safety, security, or operational
reasons to carry it on an alternative flight. If your Checked Baggage is
carried on a subsequent flight, we shall deliver it to you unless applicable
law requires your presence for customs clearance.
8.7 Unchecked Baggage
8.7.1
We may specify maximum dimensions and weight for Baggage carried into the aircraft cabin. If we have not done so, such Baggage must fit under the seat in front of you or in an enclosed storage compartment
8.8 Delivery of Checked Baggage
8.8.1
Subject to Article 8.6.3, you are required to collect your
Checked Baggage as soon as it is made available at your destination or
Stopover. If your Checked Baggage is not claimed within three (3) months from
the time it is made available, we may dispose of it without any liability to
you. Storage of your Checked Baggage is free of charge.
8.8.2
We shall deliver Checked Baggage to the bearer of the
Baggage Identification Tag issued under the Contract of Carriage.
8.8.3
If a person claiming Checked Baggage is unable to produce
the Checked Baggage and identify the Baggage by means of the Baggage Identification
Tag, where one has been issued, we shall deliver the Baggage to such person
only on condition that he or she establishes to our satisfaction his or her
right to the Baggage.
8.9 Animals
If we agree to carry your animals, such carriage shall be subject
to the following conditions:
8.9.1
You must ensure that domestic animals such as dogs and cats
are properly crated and accompanied by valid health and vaccination
certificates, entry permits, and any other documents required by the countries
of entry or transit. Failing this, they will not be accepted for carriage. Such
carriage may also be subject to additional conditions specified by us, which
are available upon request.
8.9.2
8.9.3
Guide/service dogs up to 35 kg, together with their
containers and food, will be carried free of charge in addition to the normal
free Baggage allowance, subject to conditions specified by us, which are
available upon request. The Passenger’s dependence on a guide dog must be
supported by a medical certificate.
8.9.4
We are not responsible for injury to, loss of, sickness of,
or death of an animal which we have agreed to carry, unless such Damage was
caused deliberately or through our negligence. The Passenger shall be liable
for all Damage caused by the animal to other persons or property.
8.9.5
We shall have no liability in respect of any such animal not having all necessary exit, entry, health, and other required documents for entry into or passage through any country, state, or territory. The person carrying the animal must reimburse us for any fines, costs, losses, or liabilities reasonably imposed on or incurred by us as a result.
Article 9. Schedules, Delays, and Cancellation of Flights
9.1 Schedules
9.1.1
Flight times shown in timetables may change between the date
of publication and the date of actual travel. We do not guarantee such times,
and they do not form part of your contract with us.
9.1.2
Before we accept your booking, we shall notify you of the
scheduled flight time in effect at that time, and it will be shown on your
Ticket. We may need to change the scheduled flight time after issuance of your
Ticket. You must provide us with contact information and we shall endeavor to
notify you of any such changes. If, after purchase of your Ticket, we make a
significant change to the scheduled flight time which is unacceptable to you,
you will be entitled to a refund (in accordance with Article 10.2) or
date/route change appropriate for you free of charge.
9.2 Cancellation, Rerouting, Delays, etc.
We shall take all necessary measures to avoid delay in
carrying you. In taking such measures, and in order to prevent flight
cancellation, we may, in exceptional circumstances beyond our control, arrange for
any other A9 flight.
9.2.2
Except as otherwise provided by the Convention, if we cancel
a flight, fail to operate a flight reasonably according to 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:
9.2.2.1 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
9.2.2.2 Within a reasonable period, reroute you to the
destination shown on your Ticket by our own services, without additional
charge; or
9.2.2.3 make a refund in accordance with Article 10.2.
9.2.3
Upon the occurrence of any of the events set out in Article
9.2.2, and except as otherwise provided by the Convention, the options set out
in Articles 9.2.2.1 to 9.2.2.3 shall constitute your sole and exclusive
remedies, 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 Passengers denied boarding in accordance with
applicable law and our denied boarding compensation policy.
Article 10. Refunds
10.1
We shall refund a Ticket or any unused portion thereof in
accordance with the applicable fare rules or Tariff, as follows:
10.1.1
Except as otherwise provided in this Article, we shall be
entitled to make a refund to the person who has paid for the Ticket, upon
presentation of satisfactory proof of such payment.
10.1.2
If a Ticket has been paid for by a person other than the
Passenger named in the Ticket, we shall make a refund only to the person who
paid for the Ticket.
10.2 Involuntary Refunds
10.2.1
If we cancel a flight, fail to operate a flight reasonably
according to schedule, fail to stop at your destination or Stopover, or cause
you to miss a connecting flight for which you hold a reservation, the amount of
the refund shall be:
10.2.1.1 if no coupon of the Ticket has been used, a full
amount paid; or
10.2.1.2 If a coupon of the Ticket has been used, an amount
equal to the difference between the fare paid.
10.3 Voluntary Refunds
10.3.1
If you are entitled to a refund of your Ticket for reasons
other than those set out in Article 10.2, the amount of the refund shall be:
10.3.1.1 if no portion of the Ticket has been used, an
amount equal to the fare paid, less any reasonable service charges or
cancellation fees; or
10.3.1.2 If a portion of the Ticket has been used, an amount
equal to the difference between the fare paid and the applicable fare for the
transportation used, less any reasonable service charges or cancellation fees.
10.4 Refund on Lost Paper Ticket
10.4.1
A lost Ticket is not refundable.
10.4.2
If we or our Authorized Agent lose the Paper Ticket, such
loss shall be our responsibility.
10.5 Right to Refuse Refund
10.6 Currency
All refunds shall be subject to the laws, rules,
regulations, and orders of the country in which the Ticket was originally
purchased and of the country in which the refund is made. Subject to the
foregoing, refunds will be made in the currency in which the fare was paid.
10.7 By Whom Ticket Refundable
Voluntary refunds shall be made only by the Carrier which
originally issued the Ticket, or by its agent if so authorized.
Article 11. Conduct Aboard Aircraft
11.1 General
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, instructions related to
smoking, alcohol or drug consumption, or behave in a manner causing discomfort,
inconvenience, Damage, or injury to other Passengers or the crew, we may take
such measures as we reasonably consider 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.
11.2 Electronic Devices
For safety reasons, we may prohibit or limit the operation
aboard the aircraft of electronic equipment, including, but not limited to,
cellular telephones, laptop computers, portable radios, CD players, electronic
games, or transmitting devices, including radio-controlled toys and
walkie-talkies. The operation of hearing aids and heart pacemakers is permitted.
11.3 Non-Smoking Flights
11.4 Seat Belts
While seated on board the aircraft, you are required to keep
your seat belt fastened during the entire flight whenever instructed to do so,
or as otherwise required by safety regulations.
Article 12. Arrangements for Additional Services
12.1
In case of delay, if we make arrangements for you with any
third party to provide services other than carriage by air, or if we issue a
Ticket or voucher related to transportation or services, other than carriage by
air, provided by a third party, we do so only as your agent. The terms and
conditions of the third-party service provider shall apply.
12.2
If we also provide ground transportation to you, separate
conditions may apply to such transportation. Such conditions are available from
us upon request.
Article 13. Administrative Formalities
13.1 General
13.1.1
You are responsible for obtaining all required travel
documents and visas and for complying with all laws, regulations, orders,
demands, and travel requirements of the countries from, into, or through which
you travel or transit.
13.1.2
We shall not be liable for the consequences to any Passenger
resulting from their failure to obtain such documents or visas or to comply
with such laws, regulations, orders, demands, requirements, rules, or
instructions.
13.2 Travel Documents
We may refuse a refund where the application is made after
expiry of the Ticket’s validity.
10.5.2
We may refuse a refund on a Ticket presented to
us or to government officials as evidence of intention to depart from a
country.
13.3 Refusal of Entry
If you are denied entry into any country, you shall be
responsible for paying any fine or charge imposed on us by the government
concerned, as well as the cost of transporting you from that country. We may
apply toward such payment any funds paid to us for unused carriage, or any
funds of the Passenger in our possession. The fare collected for carriage to
the point of refusal of entry or deportation shall not be refunded.
13.4 Passenger Responsible for Fines, etc.
If we are required to pay any fine or penalty, or incur any
expenditure, because of your failure to comply with laws, regulations, orders,
demands, or other travel requirements of the countries concerned, or because of
your failure to produce the required documents, you shall reimburse us on
demand for any amount so paid or expenditure so incurred. We may apply toward
such payment or expenditure the value of any unused carriage on your Ticket, or
any of your funds in our possession. The amount of any fine or penalty may vary
from country to country and may exceed the fare paid for your Ticket. In your
own interest, you should observe the admission requirements of every country to
which you intend to travel.
13.5 Customs Inspection
If required, you shall attend inspection of your Baggage by
customs or other government officials. We shall not be liable to you for any
loss or Damage suffered in the course of such inspection or through your
failure to comply with this requirement.
13.6 Security Inspection
You are required to submit to any security checks carried
out by governments and airport officials.
13.7 Transmission of Passenger Data
We are entitled to transmit your personal data and all
personal reservation data in connection with your flight to domestic and
foreign authorities (including USA and Canada), where such authorities require
us to do so under mandatory legal or regulatory requirements for the purpose of
fulfilling the contract of carriage.
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 15.3.2.
Article 15. Liability for Damage
15.1 Principles
The liability of Georgian Airways and each Carrier involved
in your journey shall be determined by its own Conditions of Carriage. Our
liability provisions are as follows:
15.2 Applicable Rules
The Convention, whether the Warsaw Convention or that
Convention as amended at The Hague, shall constitute the applicable law
governing Georgian Airways’ liability for Damage.
15.3 General Regulations
15.3.1
Any liability we have for Damage shall be reduced by any
negligence on your part which causes or contributes to the Damage, in
accordance with applicable law.
15.3.2
We shall be liable only for Damage occurring during carriage
on flights or flight segments where our Airline Designator Code appears in the
“Flight/Carrier” box of the Ticket for that flight or flight segment. If we
issue a Ticket or check Baggage for carriage on another Carrier, we do so only
as an agent for such other Carrier.
15.3.3
We shall not be liable for any Damage arising directly or indirectly from our compliance with applicable laws, government rules and regulations, or from your failure to comply with the same.
15.3.4
Our liability shall in all cases be limited to the amount of
proven Damage. We shall not be liable for indirect or consequential damages,
except where otherwise required under the Convention.
15.3.5
15.3.6
The contract of carriage, including these Conditions of
Carriage and any exclusions or limitations of liability, applies to our
Authorized Agents, servants, employees, and representatives to the same extent
as it applies to us. The total amount recoverable from us and from such persons
shall not exceed the amount of our own liability, if any.
15.3.7
Nothing in these Conditions of Carriage shall waive any
exclusion or limitation of our liability under the Convention or applicable
law.
15.4 Liability for Personal Injury
15.4.1
We shall be liable for the death, wounding, or bodily injury
of a Passenger only where the event causing such death, wounding, or bodily
injury occurred on board the aircraft or in the course of embarkation or
disembarkation operations.
15.4.2
We reserve the right to raise all legal defenses available
under the Convention with respect to any claim. We also reserve the right of
recourse against any third party, including the right to seek indemnity or
contribution.
15.4.3
We shall not be responsible for any illness, injury,
disability, or death attributable to your physical condition or for the
aggravation of such condition.
15.5 Liability for Damage to Baggage
15.5.1
We shall be liable for destruction, loss, or Damage to
Checked Baggage only where the event causing such destruction, loss, or Damage
occurred on board the aircraft or during any period in which the Checked
Baggage was in charge of Georgian Airways.
15.5.2
15.5.3
We shall not be liable for any Damage arising from
compliance with any laws, government regulations, orders, or requirements, or from
the Passenger’s failure to comply with the same.
15.5.4
We shall not be liable for Damage occasioned by delay if we,
our servants, or agents took all measures that could reasonably be required to
avoid the Damage, or if it was impossible for us or them to take such measures.
15.5.5
We shall not be liable for Damage to, loss of, destruction
of, or delay in respect of items excluded from carriage, of any Baggage
accepted with a Limited Release Tag, or of items of conditional carriage where
such carriage was not reported to us upon reservation or was not accepted by us
for carriage.
15.5.6
We exclude liability for minor damage to the exterior of
your Baggage, such as scratches, dirt, stains, or dents, resulting from normal
wear and tear.
15.5.7
We shall not be liable for Damage to a Passenger’s Baggage
caused by the contents of that Baggage. You shall be responsible for any such
damage caused to another person or to another person’s property, including our
property.
15.5.8
Our liability for Checked Baggage is limited to USD 20 per
kilogram. The maximum liability shall be determined by the weight of your
Checked Baggage. If the weight exceeds the free Baggage allowance, you shall be
entitled to compensation above 23 kilograms only if you paid the excess Baggage
charge. If we have no information regarding the weight of your Baggage, we
shall presume that it did not exceed the free Baggage allowance. In the event
of pilferage, indemnity shall be calculated according to the missing weight of
your Baggage. If we have no information regarding the missing weight,
calculation shall be based on the missing items using the IATA Weight Chart.
15.5.9
15.5.10
We shall not be liable for Damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities, other valuables, business documents, passports, other identification documents, or samples included in your Checked Baggage.
Article 16. Time Limitation on Claims and Actions
16.1
16.1.1
Acceptance of Baggage without complaint before leaving the
transit area and without completion of a Property Irregularity Report (PIR)
shall constitute prima facie evidence that the Baggage has been delivered in
good condition and in accordance with the contract of carriage.
16.1.2
If your Checked Baggage does not arrive on the same flight
as you, you must make an immediate report and complete a PIR upon arrival,
before leaving the transit area. If you fail to do so, we shall not be liable
for the destruction, loss, delay of, or Damage to your Baggage.
16.1.3
If your Checked Baggage is damaged or pilfered, you must
make an immediate report and complete a PIR upon arrival, before leaving the
transit area. If the Damage or pilferage could not reasonably have been
discovered upon arrival, you must report it at the airport within seven (7)
days after arrival.
16.1.4
If your Checked Baggage does not arrive with the flight
carrying you and is later received damaged or pilfered, you must submit a
written report of the Damage or pilferage within fourteen (14) days after the
Baggage has been placed at your disposal. If we admit the loss of your Checked
Baggage, or if your Checked Baggage has not arrived within ninety (90) days
after the date on which it ought to have arrived, you are entitled to enforce
your rights arising from the contract of carriage.
16.1.5
If any Damage occurs to your Baggage during carriage by air
by us, you shall arrange for the Baggage to be repaired, obtain the relevant
receipts, and send them to us. If the Baggage is damaged beyond repair,
16.1.6
If any Damage occurs to your Unchecked Baggage, you must
report it on board the aircraft. If you fail to do so, we shall not be liable
for such damage.
16.1.7
Every claim must be submitted in writing.
16.1.8
All claims must be sent to us together with the PIR and all
supporting documents evidencing your loss, within one (1) month after arrival
at the Place of Destination.
16.1.9
If no claim is submitted within the aforesaid period, no
action shall lie against us.
16.2 Complaints
16.2.1
Complaints relating to carriage by air, other than Baggage claims, must be made in writing as soon as possible after arrival of the relevant flight, and in any event no later than one (1) month after the circumstances giving rise to the complaint became known. You shall be liable for any loss or Damage arising from delay in submitting your complaint. Georgian Airways will assess the complaint in accordance with the General Conditions of Carriage in effect on the date of the contract.
16.3 Limitation of Actions
Any right to Damages shall be extinguished unless an action
is brought within one (2) year from the date of arrival at the destination, the
date on which the aircraft ought to have arrived, or the date on which the
carriage stopped.
Article 17. Other Conditions
Your carriage and the carriage of your Baggage are also
subject to certain other regulations and conditions applying to or adopted by
us. Such regulations and conditions, as amended from time to time, are
important and concern, among other matters, the carriage of unaccompanied
minors, pregnant women, sick Passengers, Passengers with reduced mobility,
restrictions on the use of electronic devices
and other items, onboard consumption of alcoholic beverages,
prohibited items in Baggage, and limitations on the size, dimensions, and
weight of Baggage.
These regulations and conditions are available from the
Carrier upon request.
Article 18. Modification and Waiver
No agent, servant, or representative of Georgian Airways has
authority to alter, modify, or waive any provision of these Conditions of
Carriage.
Article 19. Interpretation
The title of each Article is for convenience only and shall
not be used in the interpretation of the text.
Article 20. Jurisdiction
Unless otherwise stated in these Conditions of
Carriage, in the Convention, or in any other applicable law, any dispute arising
out of or related to the contract of carriage between a Passenger and the
Carrier shall be subject to the exclusive jurisdiction of the courts of law of
Tbilisi, Georgia, to the exclusion of any other court.