conditions of carriage
Georgian Airways General Conditions of Carriage
(Passenger and Baggage)
Article
1 Meaning of particular expressions
Article 2 Applicability
Article 3 Tickets
Article 4 Fares, taxes,
fees and charges
Article 5 Reservations
Article 6 Check-in and
boarding
Article 7 Refusal and
Limitation of carriage
Article 8 Baggage
Article 9 Schedules,
delays, cancellation of flights
Article 10 Refunds
Article 11 Conduct
aboard aircraft
Article 12
Arrangements for additional services
Article 13
Administrative formalities
Article 14 Successive
Carriers
Article 15 Liability
for Damage
Article 16 Time
Limitation on Claims and 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 particular expressions mean:
We, Our, Ourselves and Us means air company Georgian Airways Limited.
You, Your, Yourself means any person, 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 Georgian
Airways timetables as scheduled stopping places on the passenger's route.
Airline Designator Code means two-characters (A9) or three letters TGZ)
which identify Georgian Airways LTD.Authorized Agent means a passenger sales
agent who has been appointed by Georgian Airways to represent our air company
in the sale of air passenger transportation on our services and, when
authorized, over the services of other air carriers.
Baggage means personal property of a passenger accompanying him/her in
connection with his/her trip. Unless otherwise specified, it consists of both
Checked and Unchecked baggage.
Baggage Check means those portions of the Ticket which relate to the
carriage of the passenger's Checked Baggage.
Baggage Identification Tag means a document issued by Georgian Airways,
which is attached to the passenger's Checked Baggage for identification of such
baggage.
Boarding Pass means document issued to the passenger at check-in which
entitles the passenger to board and occupy a specified seat on the aircraft.
Cabin Baggage means any of the passenger baggage other than checked
baggage.(Passenger takes his/her cabin baggage into the cabin of the aircraft
with him/her).
Carriage means carriage of passenger 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 date of ticket issue, governing the
carriage of passengers and/or baggage and shall include any applicable tariffs
in force.
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
commencement of travel of each sector but has not reached his/her 12thbirthday
as of the date of commencement of travel.
Code Share Flight means a flight operated by one Carrier on which we issue
a ticket showing our Airline Designator Code as the carrier pursuant to the
agreement between Georgian Airways and that carrier.
Conditions of Carriage means these Conditions of Carriage for Passenger
and Baggage
Conditions of Contract means those terms and conditions on which the
contract of your carriage has been made and which are contained in or delivered
with your Ticket or Itinerary/receipt which include reference to notices and
these General Conditions of Carriage.
Confirmed Reservation means that the passenger has a ticket which contains
--- in the case of a paper ticket, a specification of the
number, date and time of the flight and the notation "OK" in the
appropriate space, or;
--- in the case of an electronic ticket or paperless
transport document, an indication that the reservation has been made and
confirmed.
Conjunction Ticket means a ticket issued to you in relation with another
Ticket which together constitute a single contract of carriage.
Connecting Flight means subsequent flight providing onward travel on the
same ticket or on a conjunction ticket.
Convention means whichever of the following instruments are 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(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);
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.
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 at the check-in desk or, in the 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 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 passenger is entitled to be carried.
Flight Segment means a portion of transportation between two places, which
is carried out by Georgian Airways or by another Carrier.
Force Majeure means unusual and unforeseeable circumstances beyond
the control of Carrier and/or the Passenger, the consequences of which
could not have been avoided even if all due care had been exercised.
Infant means a person who has not reached his/her second birthday prior to
commencement of travel of each sector.
Itinerary/Receipt means a document or documents issued by Georgian Airways
or our Authorized agents to passengers traveling on Electronic tickets. It can
be issued on paper, by fax, by E-mail or delivered electronically. Electronic
ticket contains the passenger name, flight information and notices. This
document is to be retained by the passenger and to be carried during the whole
journey.
Normal Fare means a fare established for carriage in a given class
(business or economy), and any other fare denominated and 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 and which incorporate by reference, these Conditions of Carriage and
notices.
Passenger means any person, except members of the crew, carried or to be
carried on an aircraft with the consent of carrier.
Passenger Coupon means the portion of the Passenger Ticket and Baggage
Check constituting the passenger's written evidence of the contract of the
carriage.
Passenger Ticket means those portions of the ticket issued by carrier
which provide 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
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. (Not applicable 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 the normal fare.
Stopover means a scheduled stop 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 for 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.
Ticket Validity Period means the period for which a passenger ticket is
valid for travel.
Unchecked 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, our Conditions of Carriage
apply only on those 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 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
Share". This means that even if you have a reservation with us and hold a
ticket where 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 will advise you of the carrier operating the aircraft at
the time you make a reservation.
2.4 Overriding Law
These Conditions of Carriage are applicable unless they are inconsistent with
our Tariffs or applicable law in which event such Tariffs or laws shall
prevail. If any provision of these Conditions of Carriage is invalid under any
applicable law, the other provisions shall nevertheless remain valid.
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.
3.1 General provisions
3.1.1 We will provide carriage only to the Passenger named in
the Ticket, and you may be required to produce appropriate identification.
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 in 3.1.3 above,
which is completely unused, and you are prevented from travelling due to Force
Majeure, provided that you promptly advise us and furnish evidence of such
Force Majeure, we will provide you with a credit of the non-refundable amount
of the fare, for future travel on 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 Except in the case of an
Electronic Ticket, you shall not be entitled to be carried on a flight unless
you present a valid Ticket containing the Flight Coupon for that flight and all
other unused Flight Coupons and the Passenger Coupon. In addition you shall not
be entitled to be carried if the Ticket presented is mutilated or if it has
been altered otherwise than by us or our Authorised Agent.
In the case of an Electronic Ticket, you shall not be entitled to be carried on
a flight unless you provide positive identification and a valid Electronic
Ticket has been duly issued in your name.
3.1.6(a) In case of loss or mutilation of the Ticket (or part of it)
by you or non-presentation of a Ticket containing the Passenger Coupon and all
other 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 losses which result 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.
3.1.6(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 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.
3.1.7 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 travelling
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.
3.2.3 If after having commenced your journey, you are prevented
from travelling 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. Such illness must be attested to
by a medical certificate. 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 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 commenced travel, the validity of the
Passenger's Ticket 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
the 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 practicable 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 our
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
(e.g. 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 on the dates
and for the flights shown on the Ticket and may not be changes 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
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
segment in the Itinerary Receipt.
Article 4 - Fares, Taxes, Fees, and
Charges
4.1 Fares
Fares apply only for carriage from the airport at the point of origin to the
airport 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.
4.2 Taxes, Fees and Charges
Applicable taxes, fees and charges imposed by government or other authority, or
by the operator of an airport, shall be payable by you. at the time you
purchase you 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 and 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.
4.3 Currency
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.
5.1 Reservation Requirements
5.1.1 We or our Authorised Agent will record your
reservation(s). Upon request we will provide you with written confirmation of
your reservation(s).
5.1.2 Certain fares have conditions which 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 time
limit, as advised by us or our Authorised Agent, we may cancel your
reservation.
5.3 Personal Data
You recognise 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 authorise us to retain and
use such data and to transmit it to our own offices, the travel agency which
issued the Ticket, government agencies, other Carriers or the providers of the
above-mentioned services.
5.4 Seating
We will endeavour to honour 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 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 any such requirement will entitle the
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 with them. Where it is required, you must
reconfirm with the Carrier whose Airline Designator Code appears for the flight
in question in the Ticket.
5.6 Cancellation of Onward Reservations
Please be advised that if you do not show up for any flight without advising 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 Carrier's check-in-location at the airport or
other point of departure by the time fixed by Carrier (or if no time fixed,
sufficiently in advance of flight departure to permit completion of government
formalities and departure procedures) and therefore, does not use space for
which a reservation has been made for him, or
5.6.1.2 appear improperly documented and, therefore, not ready to travel,
and as a consequence thereof does not use space for which a reservation has
been made for him, or
5.6.1.3 cancels his reservation later than the time limit for cancellation
prescribed by Carrier. The service charge shall not be payable if, due to a
flight delay or cancellation, or omission of a scheduled stop, or failure to
provide space, the passenger cancels his reservation or, for one of the
aforementioned reasons, fails to arrive in time for departure.
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 honour them. Your
journey will be smoother if you allow yourself ample time to comply with
Check-in Deadlines. We reserve the right to cancel your reservation if you do
not comply with the Check-in Deadlines indicated. We or the travel agency which
issued the Ticket will advise you of the Check-in Deadline for your first
flight on us. The Check-in Deadlines for Georgian Airways flights can be
requested via the travel agency which issued the Ticket. The Check-in Deadlines
are 30 minutes prior to departure if not otherwise mentioned.
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, which
is caused solely by you due to 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 would not at any time after the date of
such notice carry you on our flights. Further on we are entitled to refuse to
carry you on your journey or onward journey, 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 the carriage of you causes security risks, health or discomfort for
other passengers, or
7.1.3 the conduct, age, or mental or physical state, including your
impairment from alcohol or drugs presents a hazard or risk to yourself, to
passengers, to crew, or to 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 seek to enter
a country through which you may transit, or for which you do not have valid
travel documents, destroy your travel documents during the flight or refuse to
surrender your travel documents to the flight crew, against receipt, when so
requested, or
7.1.8 You present a Ticket that has been acquired unlawfully, or has been
reported as being lost or stolen, is a counterfeit, or you cannot prove that
you are the person named in the Ticket, or
7.1.9 You have failed to comply with the requirements set forth in Article
3.3. above concerning coupon sequence and use, or you present a Ticket which
has been issued or altered in any way, other than by us or the travel agency
which is authorised to issue Tickets, or the Ticket is mutilated, or
7.1.10 You fail to observe our instructions with respect to safety or
security,
7.1.11 You fail to observe the non-smoking rule on board our aircraft or
use of electronic equipment on board which you are not allowed to.
7.2 strong>Special Assistance
7.2.1 Acceptance for carriage of unaccompanied children, incapacitated persons,
pregnant women and persons with illness or other people requiring special
assistance is 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.
7.2.2 Carriage of Children
Children who have not yet reached their 5th birthday may only travel in the
company of an adult of at least 18 years or brother or sister of at least 16
years. The carriage of unaccompanied minors (age between five and 12) requires
prior arrangement with the carrier, together with payment of the appropriate
fee. Regulations governing the carriage of unaccompanied minors can be obtained
from Carrier's sales offices.
8.1 Free Baggage Allowance
You may carry some Baggage, free of charge, subject to our conditions and
limitations, which are available upon request from us or our Authorised Agents
or which may be obtained from the Passenger Coupon as well as from the
Conditions of Contract printed in your Ticket.
8.2 Excess Baggage
You will be required to pay a charge for carriage of Baggage in excess of the
free Baggage allowance. These 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 which are likely to endanger the
aircraft or persons or property on board thee aircraft, such as those specified
in the International Civil Aviation Organisation (ICAO) Technical Instructions
for the Safe Transport of Dangerous Goods by Air and the International Air
transport association (IATA) Dangerous Goods Regulations, and in our regulations
(further information is available from us on request);
8.3.1.2 Items the carriage of which is prohibited
by the applicable laws, regulations or orders of any state to be flown from or
to;
8.3.1.3 Items which are reasonably considered by
us to be unsuitable for carriage because they are dangerous, unsafe or by
reason of their weight, size, shape or character, or which are fragile or
perishable having regard to, among other things, the type pf aircraft being
used. Information about unacceptable items is available upon request.
8.3.2 Firearms and ammunition other then for hunting and sporting purposes
are prohibited from carriage as Baggage. Firearms and ammunition for hunting
and sporting purpose may be accepted as Checked Baggage. Firearms must be
unloaded with the safety catch on, and suitably packed. Carriage of ammunition
is subject to ICAO and IATA Regulations as specified in 8.3.1.1
8.3.3 Weapons such as antique firearms, swords, knives and similar items
may be accepted as Checked Baggage, at our discretion, but will not be
permitted in the cabin of the aircraft.
8.3.4 You must not include in Checked Baggage money, jewellery, precious
metals, computers, personal electronic devices, negotiable papers, securities
or other identification documents or samples.
8.3.5 If, despite being prohibited, any items referred to in 8.3.1, 8.3.2
and 8.3.4 are included in your Baggage, we shall not responsible for any loss
or damage to such items.
8.4 Right to Refuse Carriage
8.4.1 Subject to paragraph 8.3.2 and 8.3.3, we will refuse to carry as
Baggage the items described in 8.3, and we may refuse further carriage if any
such items upon discovery.
8.4.2 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 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 we may request that you permit 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 8.3.1 or any firearms, ammunition or weapons, which have
not been presented to us in accordance with 8.3.2 or 8.3.3. If you are
unwilling to comply with such request we may refuse to carry you and your
Baggage. In the event 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
due to or fault or negligence.
8.6 Checked Baggage
8.6.1 Upon delivery to us of your Baggage which you wish to check we will
take custody of, and issue a Baggage Identification Tag for each piece of your
Checked Baggage.
8.6.2 Checked Baggage must have your name or other personal identification
affixed to it.
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 will deliver it to you, unless applicable law requires you
to be present for customs clearance.
8.7 Unchecked Baggage
8.7.1 We may specify maximum dimensions and weight for Baggage which you
carry on to the aircraft. If we have not done so, Baggage you carry onto the
aircraft must fit under the seat in front of you or in an enclosed storage
compartment in the cabin of the aircraft. If your Baggage cannot be stored in
this manner, or is of excessive weight, or is considered unsafe for any reason,
it must be carried as Checked Baggage.
8.7.2 Objects not suitable for carriage in the cargo compartment (such as
delicate musical instruments), and which do not meet the requirements in 8.7.1
above, will only be accepted for carriage in the cabin compartment if you have
given us notice in advance and permission has been granted by us. You may have
to pay a separate charge for this service.
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. Should
your Checked Baggage not be claimed within three (3) months of 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 under the Contract of Carriage.
8.8.3 If a person claiming Checked Baggage is unable to produce the
Baggage Check and identify the Baggage by means of a Baggage Identification
Tag, if one has been issued, we will 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 they will be carried subject to the following
conditions:
8.9.1 You must ensure that animals such as dogs, cats, birds and other
pets, are properly crated and accompanied by valid health and vaccination
certificates, entry permits, and other documents required by countries of
entry or transit failing which, they will not be accepted for carriage. Such
carriage may be subject to additional conditions specified by us, which are
available on request.
8.9.2 The weight of accompanied pets including the weight of containers
and food carried, shall not be included in the free baggage allowance of the
passenger but shall be charged to and paid by the passenger at the rate
applicable to excess baggage.
8.9.3 Guide dogs, together with 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 on request. The passenger's
dependence upon an escort dog must be evidenced by a medical certificate.
8.9.4 Where carriage is not the subject to the liability of the
Convention, we are not responsible for injury to loss, sickness or death of an
animal which we have agreed to carry unless we have caused the damage
deliberately or through negligence. The passenger is liable for all damages
which a pet might cause to others.
8.9.5 We will have no liability in respect of any such animal not having
all the necessary exit, entry, health and other documents with respect to the
animal's entry or passage through any country, state or territory and the
person carrying the animal must reimburse us for any fines, costs, losses or
liabilities reasonably imposed or incurred by us as a result.
Article 9 - Schedules, delays,
cancellation of flights
9.1 Schedules
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 the 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
endeavour 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, 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.
In the exercise of these measures and in order to prevent a flight
cancellation, in exceptional circumstances beyond our control 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 by the Convention, 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:
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 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 are lower than what you have
paid, we shall refund the difference; or
9.2.2.3 Make a refund in accordance with the provisions of Article 10.2.
9.2.3 Upon the occurrence of any of the events set out in Article 9.2.2,
except as otherwise provided by the Convention, the options outlined in Article
9.2.2.1 through 9.2.2.3 are the sole and exclusive remedies available to you
and we shall have no further liability to you.
9.2.4 If you 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.
10.1 We will refund a Ticket or any unused portion, 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 either to the person named in the Ticket or, 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, and the Ticket indicates that there is a restriction on
refund, we shall make a refund only to the person who paid for the Ticket, or
to that person's order.
10.1.3 Except in the case of a lost Ticket, refunds will only be made on
surrender to us of the Ticket and all unused Flight Coupons.
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 which you hold a reservation, the amount of the
refund shall be:
10.2.1.1 If no portion of the Ticket has been used, an amount equal to the
fare paid,
10.2.1.2 If a portion of the Ticket has been used, the refund will be not
less than the difference between the fare paid and the applicable fare for
travel between the points for which the Ticket has been used.
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 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;
10.3.1.2 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
reasonable service charges or cancellation fees.
10.4 Refund on Lost Ticket
10.4.1 The Lost Ticket is not refundable.
10.4.2 If we or our Authorized Agent lose the Ticket or a portion of it,
the loss shall be our responsibility.
10.5 Right to Refuse Refund
10.5.1 We may refuse a refund when 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
means of transport.
10.6 Currency
All refunds will be subject to government laws, rules and regulations or orders
of the country in which the ticket was originally purchased and to the country
in which the refund is being made. Subject to the foregoing provision, refunds
will be made in the currency in which the fare was paid.
10.7 By whom Ticket Refundable
Voluntary refunds will 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, or obstruct the crew
in the performance of their duties, or fail to comply with any instructions of
the crew including but not limited to those with respect to smoking, alcohol or
drug consumption, or behave in a manner which causes discomfort, inconvenience,
damage or injury to 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.
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 radios, CD players, electronic games or transmitting
devices, including radio controlled toys and walkie-talkies. Operation of
hearing aids and heart pacemakers is permitted.
11.3 Non-smoking flights
All Georgian Airways flights are non-smoking flights. Smoking is prohibited in
all areas of the aircraft.
11.4 Seat belts compulsory
While being on your seat on board the aircraft you have the obligation to
fasten your seat belt during the entire flight.
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, 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. 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 countries to be flown from, into or through which you transit.
13.1.2 We shall not be liable for the consequences to any Passenger
resulting from his or her 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 exit, entry, health and other documents
required by law, regulation, order, demand or other requirement of the
countries concerned, and permit us to take and retain copies thereof. We
reserve the right to refuse carriage if you have not complied with these
requirements, or your travel documents do not appear to be in order.
13.3 Refusal of Entry
If you are denied entry into any country, you will be responsible to pay any
fine or charge assessed against us by the Government concerned and for the cost
of transporting you from that country. We may apply to the payment of such fare
any funds paid to us for unused carriage, or any funds of the passenger in the
possession of us. The fare collected for carriage to the point of refusal of
entry or deportation will not be refunded by us.
13.4 Passenger responsible for Fines, etc.
If we are required to pay any fine or penalty or to incur any expenditure by
reason of your failure to comply with laws, regulations, orders, demands or
other travel requirements of the countries concerned or to produce the 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. The
value of fine or penalty can vary from country to country and may be of a
higher value as the fare paid for your ticket. In your own interests be aware to
observe the admission regulations of each country you intend to travel to.
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 are obliged to submit to any security checks by Governments, airport
officials, Carriers or by us.
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) if these authorities request us to do so due to
compelling legal rules and regulations in order to fulfil the contract of
carriage.
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 15.3.2.
Article
15 - Liability for Damage
15.1 Principles
The liability of Georgian Airways and each Carrier involved in your journey
will be determined by its own Conditions of Carriage. Our liability provisions
are as follows:
15.2 Applicable Rules
The Convention (Warsaw Convention or that Convention as amended at the Hague)
are the applicable laws relating to Georgian Airways damage liability.
15.3 General Regulations
15.3.1 Any liability we have for Damage, will be reduced by any negligence
on your part which causes or contributes to the Damage in accordance with
applicable law.
15.3.2 We will only be liable for Damage occurring during carriage on
flights or flight segments where our Airline Designator Code appears in the
carrier box "Flight/Carrier" of the Ticket for that flight or flight
segment. If we issue a Ticket or if we check Baggage for carriage on another
Carrier, we do so only as an agent for such other Carrier. Nevertheless, with
respect to Checked Baggage, the passenger may make a claim for damages against
the first or last Carrier.
15.3.3 We are not 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 not exceed the amount of proven damages under
any circumstances. We are not only liable for indirect or consequential damages
; the provisions of the Convention shall continue to be applicable without
change.
15.3.5 Except where other specific provision is made in these Conditions,
we shall be liable to you only for recoverable compensatory Damages for proven
losses and costs in accordance with the Convention.
15.3.6 The contract of carriage, including these Conditions of Carriage
and exclusions or limits of liability, applies to our Authorised Agents,
servants, employees and representatives to the same extent as they apply to us.
The total amount recoverable from us and from such Authorised Agents,
employees, representatives and persons shall not exceed the amount of our own
liability if any.
15.3.7 Nothing in these Conditions of Carriage shall waive any exclusion
or limitation of our liability under the Convention or applicable laws.
15.4 Liability for Personal Damage
15.4.1 We are liable for death, wounding or bodily injury of a passenger
only in case, that the event that caused death, wounding or bodily injury of
the passenger occurred onboard or during any operations related to embarkation
or disembarkation.
15.4.2 Our liability with respect to a passenger for death, wounding or
bodily injury shall be limited to the sum of:
US $ 10.000 or US $
20.000 (or equivalent amount in other currency);
US $ 75.000
(including legal costs);
US $ 58.000
(excluding legal costs) - for carriage, where point of departure, arrival or
agreed stopover, or any of these is located on the territory of the United
States of America.
15.4.3 We
reserve the right for legal defense from any claim I compliance with the
Convention. We reserve the right of recourse against any third party, including
the right for compensation for damages.
15.4.4 We are not responsible for any illness, injury or disability,
including death, attributable to your physical condition or for the aggravation
of such condition.
15.5 Liability for Damages to Baggage
15.5.1 We are liable for damage sustained in case of destruction and loss
of or damage to Checked Baggage upon condition only that the event which caused
the destruction, loss or damage took place on board the aircraft or during any
period within which the Checked Baggage was in the charge of Georgian Airways.
15.5.2 We will not be liable for Damage to Unchecked Baggage unless such
Damage is caused by our negligence. If there has been contributory negligence
on the part of the passenger, Carrier's liability shall be subject to the
applicable law relating to contributory negligence.
15.5.3 We are not liable for any damage arising from its
compliance with any laws or government regulations, orders or requirements, or
from failure of the passenger to comply with the same.
15.5.4 We are not 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 are not liable for damage to, loss, destruction and delay of any
items excluded from carriage and of any Baggage accepted for carriage with a
Limited Release Tag, and of items of conditional carriage the carriage of which
was not reported to us upon reservation or was not accepted by for carriage us.
15.5.6 We exclude liability for minor damage to the exterior of your
Baggage (such as scratches, soils, staining, dents, etc) that may result from
normal wear and tear.
15.5.7 We are not liable for any damage of a passenger's baggage caused by
property contained in your Baggage. You shall be responsible for any such
damage caused to other persons or to other persons' (including our) property.
15.5.8 Under the Warsaw Convention our liability for Checked Baggage is
limited to 17 SDRs (US equivalent approximately $20) per kilogram. The maximum
liability will be determined by the weight of your Checked Baggage. Should the
weight exceed the free baggage allowance, you will be entitled to compensation
above 20 kilograms only if you paid the excess baggage charge. If we have no
information of the weight of your Baggage, we presume that it did not exceed
the free baggage allowance. In case of pilferage, indemnity will be calculated
according to the missing weight of your Baggage. If we have no information of
the missing weight, we will calculate it on the basis of the missing items,
using the IATA Weight Chart.
15.5.9 Our maximum liability for Unchecked Baggage is 332 SDR (US
equivalent approximately $400). We will not be liable for damage to Unchecked
Baggage unless such damage is caused by our fault .
15.5.10 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.
Article
16 - Time Limitation on Claims and Actions
16.1 Baggage claims
16.1.1 Acceptance of the Baggage without complaint made before leaving the
transit area and without completion of the Property Irregularity Report (PIR),
is 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 with the flight carrying
you, you have to make an immediate report and complete the PIR upon your
arrival, before leaving the transit area. Should you fail to meet this
requirement, we will 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 have to make an
immediate report and complete the PIR upon your arrival, before leaving the
transit area. Should it be impossible to recognize the damage or pilferage upon
arrival, you have to make a report at the airport within 7 days after your
arrival.
16.1.4 If your Checked Baggage does not arrive with the flight carrying
you, and you receive it damaged or pilfered, you have to make a report on
damage or pilferage in writing within 21 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 at the expiration of 21 days after the date on
which it ought to have arrived, you are entitled to enforce your rights which
arise from the Contract of Carriage.
16.1.5 Should any damage occur to your Baggage during the carriage by air
by us, you shall arrange for your Baggage to be repaired, obtain and send us
the receipts. Should your Baggage be damaged beyond repair you shall obtain a
written confirmation from the repair shop, including indication of the brand,
type and value of your Baggage.
16.1.6 Should any damage occur to your Unchecked Baggage, you shall make a
report on board the aircraft. Should you fail to comply with this requirement
we will not be liable for any damages to your Unchecked Baggage.
16.1.7 Every claim must be submitted in writing.
16.1.8 All claims shall be sent to us with the PIR and all the documents
proving your loss attached - within 1 month after arrival at the Place of
Destination.
16.1.9 If no claim is submitted within the times aforesaid, no action
shall lie against us.
16.2 Complaints
16.2.1 Complaints relating to the carriage by air (other than baggage
claims) must be made in writing as soon as possible, after arrival of the
flight in connection with which you would like to complain, but not later than
within 2 months from discovering the circumstances giving rise to the
complaint. You are liable for any loss or damage arising from the delay in
making your complaint. Georgian Airways will assess the complaint according to
the General Conditions of Carriage effective on the day of the Contract.
16.3 Limitation of Actions
Any right to damages shall be extinguished if an action is not brought within a
period of 2 years of the date of arrival at the destination, or from the date
on which the aircraft ought to have arrived, or from the date on which the
carriage stopped. The method of calculating the period of limitation shall be
determined by the law of the court where the case is heard.
Carriage of you and your Baggage is also provided in accordance with certain
other regulations and conditions applying to or adopted by us. These
regulations and conditions as varied from time to time are important. They
concern among other things; the carriage of unaccompanied minors, pregnant
women, and sick passengers, passengers with reduced mobility, restrictions on
use of electronic devices and items, the onboard consumption of alcoholic
beverages, forbidden items in baggage, limits on measurements, size and weight
of baggage, etc.
Regulations and conditions concerning these maters are available from the
Carrier upon request.
Article
18 - Modification and Waiver
No agent, servant or
representative of Georgian Airways has the authority to alter, modify or waive
any provisions of these Conditions of Carriage.
Article 19 -
Interpretation
The title of each
article is for convenience only, and is not to be used for interpretation of
the text.
Article 20 - Jurisdiction
Unless otherwise stated in these Conditions of Carriage,
or in the Convention or in any other applicable laws, any dispute regarding 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, with the
exclusion of any other Court of Law.