General Conditions of Carriage for Passengers and Baggage (GCCs for air travel)
Contents
Article 1: Definition of terms
Article 4: Fares, taxes, fees and charges
Article 6: Check-in and boarding
Article 7: Limitations and refusal of carriage
Article 9: Denied Boarding, Flight Cancellations and Delays
Article 11: Behaviour on board
Article 12: Additional services
Article 13: Administrative formalities
Article 14: Liability for damage
Article 1: Definition of terms
Unless otherwise indicated
from the wording or the context, the following expressions have the meaning
defined as follows:
We
refers to Georgian Airways LLC.
You
refers to any persons who are passengers (cf. also definition of
"passenger").
Travel class
refers to
Economy Class and Business
Class.
Booking
includes all information about the planned carriage.
Coupon
is the part of the ticket that entitles the passenger to carriage on an
individual leg.
Passenger
refers to any person in possession of a ticket who is carried or is due to be
carried on an aircraft with our consent.
Flight ticket
is a numbered confirmation
of a paid flight recorded electronically, documented by a ticket receipt
(passenger receipt). “Flight ticket” and “ticket” are used as synonyms in the
following.
Conjunction Ticket
is a ticket issued to a
passenger in conjunction with another ticket which together constitute a single
contract of carriage.
Flight interruption
is a journey interruption
requested by the passenger at a place between the place of departure and
destination that has been approved by us in advance.
Baggage receipt
is that part of the ticket that refers to the carriage of your checked baggage.
“PIR” (Property Irregularity
Report) Property Irregularity Report
is a standard document
completed by the passenger together with our baggage services department or
that of our representative at the airport, before leaving the baggage reclaim
area, immediately upon discovering damage to, loss of, or delayed delivery of
baggage. The PIR records the circumstances of the incident and serves as the
basis for submitting a complaint under Sections 14.3.3 and 14.4.4.
Air carrier
is the carrier who carries the passenger and/or the passenger’s baggage as
stated on the ticket and whose airline designator code appears on the ticket.
Check in deadline
is the time specified by us or the respective carrier by which you must
complete your check-in formalities and be in possession of a boarding pass.
Damage
includes death, injury, damage arising from delays, loss or other damage of any
kind arising from or in connection with carriage on flights or any other
services provided by the carrier.
SDRs
are Special Drawing Rights as defined by the International Monetary Fund.
Days
are full calendar days, including Sundays and bank holidays; for purposes of
notification, we will not count the day on which the notice is sent; for the
purposes of determining the validity period of a ticket, we will not count the
day on which the ticket was issued, or the day of departure.
Flight Coupon
Article 2: Scope
General
2.1. These General
Conditions of Carriage apply to such flights that bear the airline code "A9" on the ticket.
Code share
2.2. We have concluded
agreements with other airlines known as "code shares". This means
that another airline may operate a flight, even if Georgian Airways (A9) is indicated as the carrier in the
carrier box on the ticket. In the case of a code share flight, Georgian
Airways will advise you of the carrier
operating the flight at the time of booking.
These General Conditions of
Carriage shall apply to code share services on flights operated by other
carriers.
If the flight is operated by
a different carrier, you should familiarize yourself with the special
characteristics, e.g. check-in times, provisions regarding the re-confirmation
of bookings, requirements and policies regarding the carriage of unaccompanied
minors, carriage of animals, refusal of carriage, oxygen devices, operational
irregularities, denied-boarding compensation and free baggage allowance/acceptance,
etc. of the carrier operating the flight.
Interlining
2.3. These conditions
of carriage do not apply to flights that do not bear the Airline Designator
Code “A9” even where the ticket was issued by us. In that case we are not the
Air carrier, but act as intermediary between you and the carrier whose Airline
Designator Code appears on the ticket, and the fare conditions and conditions
of carriage of that carrier apply.
Charter Operations
2.4. 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.
Article 3: Tickets
General
3.1.
3.1.1. We provide carriage
only to the passenger named on the ticket when a confirmed booking exists. We
reserve the right to deny carriage if the passenger is unable to verify his/her
identity.
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. Tickets are not transferable.
3.1.3. The conditions for
the refund of tickets are regulated by the respective fare provisions valid
when the ticket is issued. Please choose the airfare that is best suited to
your requirements. It may be advisable to take out travel cancellation
insurance.
3.1.4. With the exception of
Electronic Tickets, Passengers shall only be carried if they are able to
present a valid paper
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. The conditions for issuing a
replacement Ticket are regulated by Article 3.6.
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.
3.1.5. The Ticket is and
remains at all times the property of the issuing Carrier.
3.1.6. Our name may be
abbreviated to our Airline Designator Code, or otherwise, in the Ticket. The
place of departure 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.
Duration of validity
3.2.
3.2.1. Unless otherwise
stated either on the ticket, in these Conditions, or in applicable fares (which
may limit the validity period of a ticket according to the information
contained in the ticket), a ticket is valid for:
3.2.1.1. one year from the
date of issue, or
3.2.1.2. one year from the
planned commencement of travel, providing this is within one year after the
date of issue of the ticket.
3.2.2. 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.
3.2.3. 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.
Changes at the passenger’s
request
3.3.
3.3.1. If you have
chosen a fare that requires observance of a fixed ticket sequence, and carriage
is not used on all legs or not used in the sequence specified on the ticket
with otherwise unchanged travel data and a higher fare would have been determined
on the day of the booking for your altered routing, we will subsequently
collect the fare difference taking into account the fare already paid. The
airfare will be determined in accordance with the fare you would have had to
pay for your actual routing in your price group on the day of your booking.
If the price group you originally booked was not available for the altered
routing on the day of the booking, the cheapest available former price group
for your altered routing will be taken as the basis for the subsequent
collection of the fare difference.
Please note that we may make
carriage dependent on whether you have paid this difference in price.
If you have a refundable
ticket, as defined by the fare conditions, and have still not flown a single segment
of it, you may ask for a refund of the price of the ticket in accordance with
fare conditions. This means that you will forfeit your entitlement to carriage.
3.3.2. The rule for payment
of the fare difference for the altered routing does not apply if you are
prevented, due to force majeure or for another reason for which you are not
responsible, from commencing carriage on all legs or in the sequence indicated
on the flight ticket. Whenever possible, kindly notify us of the reasons for
such changes as soon as you become aware of them.
Contractual penalty for
unauthorized change of travel class
3.4. Tickets only entitle
the holder to carriage in the travel class specified there. A change to a
higher travel class at the passenger's request constitutes an amendment to the
contract and requires our express consent. If we give our consent, this is on
the condition that the fare difference is paid in full before the commencement
of carriage. Any unauthorized change to a higher travel class is prohibited and
the passenger's refusal to occupy the seat assigned to them constitutes a
breach of contract that entitles us to refuse carriage of the passenger. If it
is impossible or unreasonable for us to refuse carriage at the time of the
breach of contract, a contractual penalty shall be due for the contract breach.
The liable party for the contractual penalty is the person who booked the
flight. In the case of a booking for a third party, the person booking is
required to accept liability for the behaviour of the breaching third party.
The amount of the contractual penalty is equivalent to the difference in fare
between the total price paid for the carriage and the minimum total price that
would have to be paid on the day of carriage for carriage in the unauthorized higher
travel class, plus a surcharge of 50% of the fare difference. We may also
refuse further carriage of the passenger.
Abusive bookings
3.5
3.5.1. An abusive booking is
deemed to exist if, at the time of booking, the passenger does not have a
serious intention to use or be ready to use the carriage guaranteed in the
ticket, but makes the reservation solely in the expectation of denied boarding,
cancellation or long delay in order to be entitled to compensation.
3.5.2. If there are
objectively recognizable indications of abusive behavior within the meaning of
Section 3.5.1, such as systematic or repeated bookings without actually
travelling, we are entitled to take appropriate measures. In particular, we may
cancel the affected booking, deny boarding to the passenger or block him or her
from future bookings. We will inform the passenger about such measures and
their reasons.
3.5.3. In cases of
demonstrable abuse within the meaning of Section 3.5.1, we reserve the right to
refuse to pay compensation. This applies exclusively to such cases of abuse and
does not constitute a blanket exclusion of statutory air passenger rights. Each
individual case is examined in compliance with the applicable legislation.
Replacement ticket
3.6. If your ticket is lost or damaged, we will issue a replacement ticket upon your request, provided that our records confirm the respective ticket was issued in your name. A replacement Ticket is issued subject to the payment of a Service fee in the amount of EUR 15.
Article 4: Fares, taxes, fees and charges
End price
4.1. The end price includes
the fare, taxes and charges.
Fares
4.2. The fare to be paid
covers the cost of carriage from the airport at the actual place of departure
to the airport at the actual final destination.
Taxes, fees and charges
4.3. All applicable taxes,
fees and other charges imposed by the state or local government or by another
authority, or by the operator of an airport with regard to the passenger, or
for services provided to the passenger, shall be paid by you in addition to the
airfare. When you purchase your ticket, you will be informed of such taxes,
fees and other charges that are not included in the airfare. These are usually
also shown separately on your ticket.
Article 5: Reservations
Conditions for reservations
5.1.
5.1.1. Each flight coupon
will be accepted only for carriage in the Travel Class specified on the coupon
and for carriage on that
specific day and flight. For tickets without a seat reservation, a seat may be
reserved later if there is still one available on the desired flight.
5.1.2. We or one of our
Authorized Agents will record your booking(s).
5.1.3. Certain fares are
subject to conditions that limit your right to rebook or cancel reservations.
5.2.
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.
Personal data
5.3. We process your
personal data according to all the relevant data privacy regulations and only
for the following purposes: making flight bookings, purchasing tickets,
obtaining additional services, refund and rebooking of tickets and
additional services, development and provision of services, facilitating
immigration and entry procedures, as well as making information associated with
the organization of your journey available to the relevant government agencies
and other airlines, or to other providers of the aforementioned services.
Advance seat reservations
5.4.
5.4.1. You have the option
of making an advance seat reservation on some flights. In the context of this
service, you can choose – if available – a specific seating category
(aisle, window or middle seat, a seat with more legroom). This service is
subject to a charge, depending on the type of seat. The price may vary based on
the seat category, time and type of booking, flight and route. There is no
obligation to make a (chargeable) advance seat reservation. You can find more
information on the page about Seat reservations.
5.4.2. If you decide
not to pay for a seat reservation, you will be allocated a seat free of charge
at check-in. Changes to an already selected or allocated seat may incur a
charge depending on the selected fare. However, we cannot guarantee specific
seats or the availability of a specific seat category.
5.4.3 If you rebook
your flight, your existing seat reservation expires and you can proceed with a
new seat reservation which may incur higher costs depending on the fare, seat
category, time of rebooking and flight route.
5.4.4 We reserve the
right to assign or reassign seats at any time, even after you have boarded the
aircraft. This may be necessary for operational, safety or security reasons. If
you have paid for an advance seat reservation and your flight is cancelled, or
the seat is otherwise reassigned for safety or operational reasons, we will
refund the cost of the advance seat reservation to you. Depending on your fare,
you will not be refunded if you do not take the flight of your own volition,
rebook or upgrade to another Travel Class, or if you have given incorrect
information about your suitability for using a seat by the emergency exit.
Reconfirmation of
Reservations
5.5.
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.
Article 6: Check-in and boarding
6.1. Check-in deadlines vary
from airport to airport. We recommend that you inform yourself about these
check-in deadlines and comply with them. We reserve the right to cancel your
reservation if you do not comply with the check-in deadlines. We or the travel
agency that issued the ticket will advise you of the check-in deadline for the
first segment of your flight with us. You can find the check-in deadlines for
our flights on our website or at the travel agency where the ticket was issued.
Unless otherwise stated, passengers must check in no later than 1 hour before the scheduled flight
departure time.
6.2. You must be available
at the boarding gate no later than the time specified by us when you check in.
6.3. We have the right to
cancel your booking if you fail to arrive at the boarding gate in 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: Limitations and refusal of
carriage
Right to refuse carriage
7.1. We may refuse carriage
to you at our discretion if we have informed you in writing before your
reservation that we shall no longer provide carriage to you on our flights,
with effect from the time of our written notification. This may happen if you have
contravened the rules of conduct set out in Articles 7 and 11 on a previous
flight and your carriage has consequently become unacceptable. In addition, we
may also refuse carriage to you if
7.1.1. this measure is
necessary for reasons of safety and security or public order, or to prevent any
violation of applicable laws or statutory requirements of any state to or from
which a flight arrives, departs or flies over; or
7.1.2. your carriage may
adversely affect the safety and security, the health or wellbeing of other
passengers to a significant degree; or
7.1.3. your conduct, your
condition or frame of mind or physical state, for example, including the
effects of alcohol or drug use, are such that you are a danger to yourself, to
other passengers or to members of the crew; or
7.1.4. you have behaved on a
previous flight in such a manner as to significantly violate our rules of
conduct and we have reason to believe that this behaviour could be repeated; or
7.1.5. you have refused to
undergo a security check; or
7.1.6. you have not paid the
applicable end price; or
7.1.7. you do not possess
the travel documents necessary for entry at the point of destination, or you
refuse to show them to the crew despite being requested to do so; or
7.1.8. you present a ticket
that you have obtained or received illegally, or that has been reported as lost
or stolen, or is a forgery, or if you cannot prove your identity as that of the
passenger named on the ticket; or
7.1.9. you do not comply
with security regulations; or
7.1.10. you disregard the
smoking ban in place in all of our aircraft, while boarding and on board, and
you ignore the ban on the use of electronic devices on board.
Carriage of children
7.2.
7.2.1. Children under the age of 6 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 6 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.
7.2.2. Children can also
travel in their own child seat secured to a seat; for this, you must book an
additional seat for small children under the age of 2. You must secure the
child seat throughout the entire flight with the seatbelt available on the
seat. The child seat must be suitable for use on board an aircraft. When this
is not the case, we are entitled to refuse carriage of the child seat in the
cabin. We accept no liability for the consequences resulting from a badly
secured child seat, for its improper functioning, or due to failure to comply
with instructions.
Special Assistance
7.3. 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 at least 48 hours before the flight. 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.
Article 8: Baggage
Free baggage and excess
baggage
8.1. The free baggage limits
are based on the valid fares published at the time the flight is booked. You
will be required to pay a charge for the carriage of baggage in excess of your
free baggage allowance and for special baggage. The weight of each piece of
baggage may not exceed 32 kilograms.
Baggage from strangers
8.2. Carrying baggage
that you have received from strangers, both as cabin and as checked baggage, is
not permitted on our flights.
Items not accepted as
baggage
8.3.
8.3.1. The following items
may not be checked in as or in your baggage:
8.3.1.1. items which are
likely to endanger the aircraft or persons or property on board the aircraft,
such as those specified in the "Dangerous Goods Regulations" of the
ICAO (International Civil Aviation Organization) Technical Instructions for the
Safe Transport of Dangerous Goods by Air, the IATA (International Air Transport
Association) Dangerous Goods Regulations and our own transport regulations
(further information is available on request and on our website: https://georgian-airways.com/en/information/dangerous-goods-&-prohibited-items);
8.3.1.2. items for which
carriage is prohibited by the applicable laws and regulations of the country of
departure, destination or any country flown over;
8.3.1.3. Items that are
dangerous, unsafe or are unsuitable for carriage due to their weight, size,
form, shape or due to being perishable, fragile, delicate or sensitive.
8.3.2. Weapons of war are
prohibited from carriage as baggage. In accordance with our conditions, only
firearms and ammunition for hunting and sporting purposes, are permitted for
carriage as checked baggage. Every weapon must be secured, unloaded and
appropriately packed in a designated, locked, sturdy, secure transport
container, for example made of wood, metal, hard-shell material or Styrofoam.
Carriage of ammunition is subject to the ICAO and IATA Dangerous Goods
Regulations as specified above in Article 8.3.1.1. You must present both,
firearms and ammunition, for inspection prior to acceptance.
8.3.3. Blunt
instruments and weapons such as antique firearms, swords, knives or similar
objects are permitted for carriage as checked baggage at our discretion but are
prohibited in the cabin of the aircraft. Items used for self-defense, like
stunning equipment, devices for shocking and disabling and incapacitating
chemicals or substances, such as “knock-out drops”, mace, pepper sprays,
capsicum sprays, tear gas, acid sprays and animal repellant sprays are prohibited
from carriage as baggage.
8.3.4. If, despite the
above prohibitions, any items specified in 8.3.1, 8.3.2 and 8.3.3 are included
in your baggage, we are not liable for any loss or damage to such items.
8.3.5. You must not
include any money, medication, keys, jewelry, precious metals, negotiable
papers, securities or other valuables, business documents, passports, other
identification documents or samples, loose batteries or power banks in your
checked baggage. If despite this prohibition, the items specified are included
in your checked baggage, we are not liable for any loss or damage to such
items.
8.3.6. We strongly recommend not to include computers or other portable electronic devices in your checked baggage. If, despite this recommendation, the items specified are included in your checked baggage, we are not liable for any loss or damage to such items.
Right to refuse carriage of
baggage
8.4.
8.4.1. We can refuse to
carry baggage if it does not comply with the conditions outlined in paragraph
8.3.
8.4.2. We may refuse to
carry as baggage any item that we deem unsuitable for carriage because of its
size, shape, weight, content, character, or for safety reasons, or because it
may negatively affect the wellbeing of other passengers. Information about
items unsuitable for carriage is available on request.
8.4.3. We may refuse to
accept baggage for carriage when it is not properly and suitably packed in
suitcases or other similar containers to ensure secure and safe transport when
subjected to the customary care during handling.
Searching of passengers and
baggage
8.5. For reasons of
safety and security, we may require you to permit a search or screening of your
person and your baggage, as well as an X-ray of your baggage. If you do not
agree to an examination of your person or your baggage for the existence of
items that are not permitted pursuant to paragraph 8.3. or have not been
declared, we can refuse to carry you and your baggage. If you are not present,
we are entitled to open and search your baggage in your absence and to remove
items that are not permitted pursuant to paragraph 8.3 or have not been
declared. We are not obliged to keep removed items in custody and are not
liable for their loss or damage. We will not be liable for any damage to your
baggage caused by the opening of the baggage if your baggage contained items
that are not permitted pursuant to paragraph 8.3. or have not been declared.
Checked baggage
8.6.
8.6.1. After delivery of the
checked baggage we will take it into our custody and will issue a baggage
receipt and a baggage tag for the identification of the baggage.
8.6.2. Checked baggage must
have your name or other personal identification affixed to it.
8.6.3. Checked baggage will
be transported in the same aircraft in which you are carried, unless this is
not possible for safety reasons. If your checked baggage is transported on a
subsequent flight, we will deliver it to you at the place you are staying,
unless your presence is required for customs inspection. Article 14 (Liability
for damage) remains unaffected.
Carry-on baggage
8.7.
8.7.1. We shall specify
the number, maximum weight and maximum dimensions for carry-on baggage.
Carry-on baggage must, in all cases, fit either under the seat in front of you
or in the baggage compartments. If your carry-on baggage does not comply with
these conditions or does not meet safety and security requirements, it must be
transported as checked baggage and we may charge you according to the baggage
rules applicable to your fare.
8.7.2. Items that are not
suitable for carriage in the cargo hold, e.g. fragile musical instruments, and
that do not meet the requirements in paragraph 8.7.1. above, will only be
accepted for carriage in the cabin if you have given us prior notice and we
have accepted the item for carriage. We may levy a surcharge for this
additional service.
Return of checked baggage
8.8.
8.8.1. You are required to
collect your baggage as soon as it is made available to you at your final
destination or stopover airport. If your Checked Baggage is not claimed within six
(6) 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 only deliver the
checked baggage to the holder of the baggage receipt.
8.8.3. If a person claiming
checked baggage is unable to produce the baggage receipt or identify the
baggage by means of the baggage (identification) tag, we will deliver the
baggage to this person only on the condition that their right to collect it has
been established to our satisfaction.
Carriage of animals
8.9.
8.9.1. The carriage of pets
requires our consent and is conditional upon the animals having valid health
and vaccination certificates, entry permits and other entry or transit documents
required by the respective countries and, in the event that they are not
recognized accompanying dogs and assistance dogs, they must be transported
properly in shipment cages or approved transport containers. We reserve the
right to determine the manner of carriage and limit the number of animals that
may be carried on a flight.
Animals travelling in the
cabin (including their transport container, where appropriate) must fit in the
footwell of your seat and be suitably secured throughout their entire stay on
board.
Please note the information on our website regarding the carriage of animals as
additional carry-on baggage in the cabin: https://georgian-airways.com/en/specialservices/travelling-with-pets.
8.9.2. A recognized guide
dog that is necessary for the passenger will be carried free of charge in the
cabin where possible.
8.9.3. Georgian Airways only
accepts dogs as assistance animals. A passenger with a disability who is
travelling with an assistance animal is fully responsible for the safety,
health, wellbeing and behaviour of the assistance animal. This also applies to
the interaction of the assistance animal with other passengers and crew members
while it is on board the aircraft or in an area of the airport controlled by
Georgian Airways.
8.9.4. You are solely
responsible for the safety, health and behaviour of your pet and are liable for
compliance with all entry, departure, health and other regulations and laws, as
well as requirements that apply in the country or territory from which or into
which the animal is carried and/or in which an interim destination is located.
This applies in particular to any required health certificates, permits and
vaccinations. In particular, Georgian Airways is not liable for costs in
connection with the housing of the pet in quarantine and for fines and costs in
connection with the repatriation of the animal to its place of origin.
8.9.5. The weight of
accompanied pets, including the weight of the container and food carried, shall
not be included in the Passenger’s free Baggage allowance and shall be charged
separately.
Guide/service dogs up to 45 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.
Article 9: Denied Boarding,
Flight Cancellations and Delays
Denied boarding
9.1.
9.1.1. If it is not possible to
board all passengers, even though they hold a valid reservation and/or ticket
and have presented themselves for boarding on time, we will first call for
volunteers who are willing to surrender their reservation and/or ticketed
flight in exchange for benefits.
9.1.2. If there are not enough
volunteers and a passenger is denied boarding against his or her will, the
passenger will immediately receive the compensation specified in Article 9.4
and will be provided with the assistance specified in Articles 9.5 and 9.6.
Flight delays
9.2.
9.2.1. In the event of a flight
delay, we will provide passengers free of charge with meals and refreshments in
reasonable relation to the waiting time, as well as the opportunity to make two
telephone calls or send messages by fax, telefax or email, where the delay is:
a) two hours or more for
flights of 1,500 kilometers or less;
b) three hours or more for
flights of more than 1,500 kilometers and up to and including 3,500 kilometers;
c) four hours or more for
flights of more than 3,500 kilometers.
9.2.2. If the flight is delayed by
at least 24 hours, passengers will additionally be provided free of charge
with:
a) hotel accommodation or
other appropriate accommodation where a stay of one or more nights becomes
necessary; and
b) transport between the
airport and the hotel or other place of accommodation and back, as required.
9.2.3. If the delay is at least
five hours, the passenger is entitled to request the refund specified in
Article 9.5.1 and, where applicable, a return flight to the first point of
departure at the earliest opportunity.
9.2.4. If the actual arrival time
at the final destination is at least three hours later than the arrival time
stated on the ticket, the passenger is entitled to the compensation specified
in Article 9.4, unless we can prove that the delay was caused by extraordinary
circumstances which could not have been avoided even if all reasonable measures
had been taken.
Flight cancellations
9.3.
9.3.1. In the event of a flight
cancellation, passengers are entitled to the rights specified in Articles 9.5
and 9.6 and, where the applicable conditions are met, to the compensation
specified in Article 9.4.
9.3.2. Compensation will not be
payable if:
a) the passenger was
informed of the cancellation at least 14 calendar days before the scheduled
departure; or
b) the passenger was
informed of the cancellation between 7 and 14 calendar days before the
scheduled departure and was offered an alternative flight allowing the
passenger:
— to depart no more than two
hours before the originally scheduled departure time; and
— to arrive at the final
destination less than four hours after the originally scheduled arrival time;
or
c) the passenger was
informed of the cancellation less than 7 calendar days before the scheduled
departure and was offered an alternative flight allowing the passenger:
— to depart no more than one
hour before the originally scheduled departure time; and
— to arrive at the final
destination no more than two hours after the originally scheduled arrival time.
9.3.3. Compensation will also not be payable if we can prove that the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
Amount of compensation
9.4.
9.4.1. In the event of denied
boarding, flight cancellation or a delay of at least three hours, and provided
that the conditions set out in this Article are met, the compensation payable
to the passenger will be:
a) EUR 250 for flights of
1,500 kilometres or less;
b) EUR 400 for flights of
more than 1,500 kilometres and up to and including 3,500 kilometres;
c) EUR 600 for flights of
more than 3,500 kilometres.
9.4.2. In the event of denied
boarding or flight cancellation, the compensation specified above may be reduced
by 50% if the passenger is offered alternative carriage and the arrival time at
the final destination does not exceed the originally scheduled arrival time by
more than:
a) two hours for flights of
1,500 kilometers or less;
b) three hours for flights
of more than 1,500 kilometers and up to and including 3,500 kilometers;
c) four hours for flights of
more than 3,500 kilometers.
9.4.3. In the event of a
delay on a flight of more than 3,500 kilometers, the compensation may be
reduced by 50% if the passenger is offered alternative carriage and the actual
arrival time at the final destination does not exceed the arrival time stated
on the ticket by more than four hours.
9.4.4. Compensation will be paid
in cash or by non-cash payment.
Refund or alternative carriage
9.5.
9.5.1. Where the conditions set
out in this Article are met, the passenger will be offered, at his or her
choice:
a) reimbursement, within
seven days, of the price paid for the ticket, for the part or parts of the
journey not made and also for the part or parts already made if the flight no
longer serves any purpose in relation to the passenger’s original travel plan,
together with, where relevant, a return flight to the first point of departure
at the earliest opportunity; or
b) alternative carriage,
under comparable transport conditions, to the final destination at the earliest
opportunity; or
c) alternative carriage,
under comparable transport conditions, to the final destination at a later date
at the passenger’s convenience, subject to the availability of seats.
Free assistance
9.6.
9.6.1. Where applicable,
passengers will be provided free of charge with:
a) meals and refreshments in
reasonable relation to the waiting time;
b) hotel accommodation or
other appropriate accommodation where a stay of one or more nights becomes
necessary;
c) transport between the
airport and the hotel or other place of accommodation and back; and
d) two telephone calls, or
messages by fax, telefax or email.
Upgrade and Downgrade of
Service Class
9.7.
9.7.1. If we upgrade you to
a class of service higher than that for which you purchased the ticket, we will
not require you to make any additional payment for such upgrade.
9.7.2. If we downgrade you
to a class of service lower than the class for which you purchased the ticket,
we shall reimburse you, within 7 days from the date of the flight specified in
the reservation and/or ticket, as follows:
a) 30% of the ticket price —
for distances of up to 1,500 kilometers;
b) 50% of the ticket price —
for distances between 1,500 and 3,500 kilometers;
c) 75% of the ticket price —
for distances exceeding 3,500 kilometers.
9.7.3. The rights provided for in this Section may not be restricted or waived by the inclusion of any restrictive provision in the contract of carriage.
Article 10: Refunds
General
10.1.
10.1.1. In the event of a
cancellation, rebooking or delay, the fare may be refunded under certain
conditions, in addition to other claims.
10.1.2. Refunds can also be
made in accordance with fare conditions. Some fares include restrictions with
regard to refunds.
10.1.3. The refund value of
the fare, taxes and fees will be calculated according to the fare conditions
and any segments of the ticket used. We will not refund payment fees incurred
when a certain method of payment is used.
10.1.4. Voluntary refunds
shall be made only by the Carrier which originally issued the Ticket, or by its
agent if so authorized.
Recipient of refunds
10.2. As a general rule, the
refund is made to the payment method used for booking. The payment is deemed a
refund to the party entitled to the refund.
Currency
10.3. The refund will be
made in the same currency in which the ticket was paid. The amount refunded may
differ from the amount originally paid for the refunded ticket due to
conversions and fees charged by your payment service provider.
Refunds at your travel
agency
10.4. In the case of tickets booked via a travel agency, the amount refunded may differ from the amount paid by you to the travel agency due to fees that the travel agency has charged. We therefore recommend that you contact the travel agency and have the amount refunded there.
Article 11: Behaviour on board
General
11.1. The crew’s
instructions are to be followed. If you conduct yourself aboard the aircraft in
a manner that endangers 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, 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 and proportionate to prevent
continuation of such conduct, including restraint. You may be refused onward
carriage by us and may be prosecuted for your conduct on board the aircraft.
Use of electronic devices on
board
11.2. The use of mobile
phones, radios and remote-control toys is not permitted on board. When using
mobile phones and other electronic devices, you must comply with the following
provisions.
11.2.1. Audio or audiovisual
content may only be played through headphones or comparable output devices. You
must ensure that the volume is set at a level that allows you to hear and
comply with instructions given by the crew at all times.
11.2.2. Mobile phones and
other internet-enabled electronic devices may only be used during the flight if
the device is set to “flight mode”. Active participation in telephone calls,
video calls, conference calls or any other form of real-time voice or video
communication is not permitted on board. This restriction also applies when
using headphones or comparable output devices.
11.2.3. Photography and
video recording on board are permitted only to the extent that they do not
infringe the rights of other people, including, but not limited to, privacy and
data protection rights. The live streaming of audio, video or image content
from on board the aircraft is not permitted. This includes content depicting
passengers, safety-related procedures or crew instructions. Any direct
transmission, sharing or distribution of such content, including live streaming
via social media platforms, is prohibited.
Non-Smoking Flights
11.3. All Georgian Airways flights
are non-smoking flights. Smoking is prohibited in all areas of the aircraft.
This also applies to e-cigarettes.
Alcohol and drug consumption
11.4. The consumption
of alcoholic drinks brought on board by passengers, as well as the consumption
of drugs, is not permitted on board.
Seat belts compulsory
11.5. As a rule, you are
obliged to remain in your seat throughout the flight. When seated, you are
obliged to fasten your seatbelt.
Article 12: Additional services
If we make arrangements for you with any third party to provide services other than flight-related services, or to issue carriage documents for carriage services not relating to flights, in doing so we are acting only as an intermediary. In these cases, the terms and conditions of the third party service provider will apply.
Article 13: Administrative formalities
General
13.1.
13.1.1. You are obliged and
solely responsible for obtaining all required travel documents and visas and
for complying with all laws and regulations of countries that you will fly from
or into or through which you will transit; the same applies to our regulations
and instructions in this regard. Your travel documents and visas must be valid
for the entire duration of your journey, including any breaks in travel. We do
not accept any responsibility in this regard; in particular, we are not obliged
to check the validity of documents.
13.1.2. We shall not be
liable for the consequences that result from your failure to carry such
documents or visas with you, or your failure to comply with applicable laws,
regulations or instructions.
Travel documents
13.2. Prior to travel and at
our request, you must present all entry and exit documents, as well as health
and other certificates required by the destination or transit countries and, if
necessary, permit us to take and retain copies thereof. We reserve the right to
refuse carriage if you have not complied with these requirements, or if your
travel documents are incomplete, and we are not liable for any loss suffered or
expenses incurred by you as a result of your failure to comply with these
provisions.
Denial of entry
13.3. If, for any reason,
you are denied entry into a country, you are obliged to pay the applicable
airfare in the event that we must return you to your place of departure or
another destination because you are not allowed to enter the respective country
(a transit or destination country). We may apply to the payment of such an
airfare any funds paid to us by you for unused carriage. We will not refund the
fare paid for carriage to the point of refusal of entry or deportation.
Liability of passengers for
fines, etc.
13.4. If we are required to
pay or deposit any fines or penalties or to incur any other expenses due to
your failure to comply with the laws or regulations on entry to or travel
through the country concerned, or to produce the required documents in the proper
form, you are obliged to repay to us on demand any amounts so paid or
deposited.
Customs inspection
13.5. If required, you shall
submit to an inspection of both your checked and carry-on baggage by customs or
other government officials. We are not liable for any damage suffered by the
passenger in the course of such an inspection or through your failure to comply
with this requirement.
Security inspection
13.6. You are obliged to
submit to, and have your baggage submitted to, any security checks carried out
by government authorities or by airport officials.
Transmission of data
13.7. We are entitled to transmit your passport data and all of your personal data processed and used by us in connection with your flight to domestic and foreign authorities if these authorities request us to do so due to compelling statutory requirements and in order to fulfil the contract of carriage.
Article 14: Liability for damage
General
14.1.
14.1.1. Transport is subject
to the liability order of the Agreement of Montreal of 28 May 1999 (“Montreal
Convention”) and the national legislation of Georgia.
14.1.2. If the injured party
has contributed to causing the damage which has arisen, the norms of the
applicable national law in terms of the exclusion or the reduction of the
liability to pay damages with contributive fault of the injured party apply.
14.1.3. Law action in court
for compensation pursuant to the Montreal Convention must be filed within two
years, starting with the date of arrival of the aircraft, or the day on which
the aircraft should have arrived, or on which the carriage was interrupted.
14.1.4. We are not liable
for damages that arise from our fulfilment of state regulations or that arise
due to your failure to fulfil your obligations.
14.1.5. Under no circumstances
will our liability exceed the amount of proven damage. We are only liable for
indirect or consequential damage if we or our personnel have caused it in a
grossly negligent or wilful manner. This does not apply to personal injury.
14.1.6. The exclusions of
liability and the liability restrictions of the Montreal Convention and of the
respectively applicable national law shall apply, unless otherwise explicitly
stipulated by these General Conditions of Carriage.
Compensation in the event of
death or injury
14.2.
14.2.1. There are no maximum compensation amounts for liability in the event of the death or injury of passengers. For damage of up to SDR 151,880, the carrier shall not be able to contest claims for damages with reference to fault. Receivables that exceed this amount can only be averted by the carrier by the latter proving that both it itself and its people did not act in a negligent or otherwise culpable manner, and that no negligent or otherwise culpable omission is the cause.
Advance payments
14.2.2. If a passenger is
killed or injured, the carrier must make an advance payment within 15 days of
the identification of the person entitled to damage to cover their immediate
financial needs. In the event of death, the advance payment is no less than
SDR 16,000.
Damage to or loss or
destruction of baggage
14.3.
14.3.1. In the case of
checked baggage pursuant to Art. 8.6 of these General Conditions of Carriage, a
no-fault liability exists unless the baggage was already damaged beforehand.
With non-checked baggage, we are only liable for our culpable behaviour and
that of our personnel.
Liability limits for baggage
14.3.2. We are liable for
damage to or loss or destruction of baggage up to SDR 1,519. A higher liability
limit applies if the passenger submits a special declaration regarding the
amount-based interest in the delivery of the checked baggage at the destination
at the latest upon check-in and pays the requested surcharge. In this case, the
agreed amount is deemed to be the liability limit if the carrier cannot prove
that the agreed amount is higher than the actual interest of the passenger in
the delivery of the checked baggage at the destination.
Complaints with regard to
baggage
14.3.3. Immediately upon
discovering damage to, loss or destruction of baggage, and before leaving the
airport baggage reclaim area, you must contact our baggage services department
or that of our representative and complete a Property Irregularity Report
(PIR), stating your contact details, the baggage identification number and a
brief description of the incident. You must also quote the PIR number in the
written notification described below. If you accept the baggage delivered to
you unconditionally, unless proved to the contrary we presume that it was delivered
to you in good condition and according to the contract of carriage. In the
event of damage to or loss or destruction of baggage, the passenger must
request compensation from the airline as soon as possible in writing or in text
format. In the event of damage to baggage, all legal action is excluded if the
entitled party does not notify the carrier immediately after the damage is
discovered, but in the case of checked baggage, no later than seven days after
the acceptance of the baggage. This does not apply if the carrier has acted in
a fraudulent manner.
14.3.4. We are not liable
for damages caused by items in your baggage, unless it is due to gross
negligence or an intentional act on our part. If these items cause damage to
the baggage of other passengers or to our property, you are obliged to
compensate us for all damages and expenses resulting therefrom.
Delays in the carriage of
passengers and baggage
14.4.
14.4.1. We are liable for
damages due to delays during the carriage of passengers and in the carriage of
checked baggage, unless we and our personnel took all reasonable measures to
prevent the damages, or if taking these measures was not possible for us or our
personnel.
Liability limits for damages
arising from delays
14.4.2. Liability for damages
arising from delays in the carriage of passengers is limited to SDR 6,303.
14.4.3. Liability for
damages arising from delays in the carriage of travel baggage is limited to SDR
1,519. A higher liability limit applies if the passenger submits a special
declaration regarding the amount-based interest in the delivery of the checked
baggage at the destination at the latest upon check-in and pays the requested
surcharge. In this case, the agreed amount is deemed to be the liability limit
if the carrier cannot prove that the agreed amount is higher than the actual
interest of the passenger in the delivery of the checked baggage at the
destination.
Complaints with regard to
baggage
14.4.4. If your checked baggage cannot be located upon your arrival at the destination, you must, before leaving the baggage reclaim area, immediately contact our baggage services department and complete a Property Irregularity Report (PIR) in accordance with the procedure described in Section 14.3.3. The PIR number will be used in the process of tracing your baggage and delivering it to you. In the case of damage that has been caused by the delayed delivery of baggage, the passenger must notify the carrier as quickly as possible in writing or in text form. In the event of damage due to delays, all legal action is excluded if the entitled party does not give notification of the damage within 21 days after the delivery of the baggage. This does not apply if the carrier has acted in a fraudulent manner.
Contributory negligence of the
passenger
14.4.5. If the injured party has contributed to causing the damage that has arisen, the amount of the compensation claim shall be reduced in proportion to the contributory negligence of said party. In particular, the injured party is obliged not to increase the compensation amount caused by the loss or delayed carriage of his/her baggage through unreasonable replacement purchases.
Article 15: Headings
The headings in these
Conditions of Carriage are only for transparency and are not relevant for
interpretation or for making claims for damages.
Article 16: Other conditions
16.1. Carriage is subject to
certain additional regulations and conditions that apply to our circumstances
or are published by us. These regulations and conditions may vary from time to
time. They concern, among others: the carriage of minors, pregnant women and
sick passengers, as well as restrictions on the use of electronic devices and
on the consumption of alcoholic beverages on board. Please note our information
on georgian-airways.com.
16.2. No agent, servant, or
representative of Georgian Airways has authority to alter, modify, or waive any
provision of these Conditions of Carriage.
Article 17: Legal Disputes
Unless otherwise provided
for by these Conditions of Carriage, the Convention, or applicable law, any
dispute arising out of or in connection with the contract of carriage concluded
between the Passenger and the Carrier shall be subject to the jurisdiction of
the courts determined by the applicable law.