General Condition of Carriage
These Conditions of Carriage govern the relationship between you as a Passenger and us as the Carrier regarding your Carriage on an aircraft operated by us or pursuant to a Ticket on which our Airline Designator Code appears for that flight or flight segment. Your rights and duties towards us and vice versa in this matter are outlined in the Conditions of Carriage. We advise you to read the Conditions of Carriage carefully as, among other things, they set out various limitations that affect you, for instance concerning our limits of liability towards you in case of Damage and delay affecting you and/or your Baggage. If our limits of liability are not satisfactory in relation to your needs, we advise you to obtain personal travel insurance.
These Conditions of Carriage may be amended without prior notice. The version in effect at any given time is the one most recently published, and this can be downloaded from our web site www.mywayairlines.com at any time.
Article 1- Meaning of particular expressions
In these Conditions the following particular expressions mean:
We, Our, Ourselves and Us means air company Myway Airlines Co. LTD.
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 Myway Airlines timetables as scheduled stopping places on the passenger's route.
Airline Designator Code means two-characters (MJ) or three letters MYW) which identify Myway Airlines Co. LTD. Authorized Agent means a passenger sales agent who has been appointed by Myway Airlines 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 Myway Airlines, 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 Myway Airlines (MJ), whose Airline Designator Code appears on your Ticket or on a Conjunction Ticket.
Carrier's Regulations means rules, other than these Conditions, published by Myway Airlines 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 Myway Airlines 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 Myway Airlines 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 Myway Airlines 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 Myway Airlines database. Electronic Ticket means the Itinerary/Receipt issued by Myway Airlines or on behalf of Myway Airlines, 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 Myway Airlines 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 Myway Airlines 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 Myway Airlines 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
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 (Myway Airlines) or Airline Designator Code (MJ) 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 (Myway Airlines) or airline designator code (MJ) 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.
Article 3 - Tickets
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 Authorized 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.
(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.
(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:
(a) one year from the date of issue; or
(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
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.
Article 5 - Reservations
5.1 Reservation Requirements
5.1.1 We or our authorized Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).
5.1.2 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 authorized Agent, we may cancel your reservation.
5.3 Personal Data
You recognize that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, the travel agency which issued the Ticket, government agencies, other Carriers or the providers of the above-mentioned services.
We will endeavor 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 Myway Airlines 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:
220.127.116.11 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
18.104.22.168 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
22.214.171.124 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 Myway Airlines flights can be requested via the travel agency which issued the Ticket. The Check-in Deadlines are 40 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.
7.1.2 The carriage of you causes security risks, health or discomfort for other passengers.
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.
7.1.4 You have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated.
7.1.5 You have refused to submit to a security check.
7.1.6 You have not paid the applicable fare, taxes, fees or charges.
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.
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.
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 authorized 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 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.
In case you are a passenger with reduced mobility and own electric wheelchair with wet, dry or lithium batteries, type of wheelchair and ext. you must inform Airline before buying ticket.
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.
Article 8 - Baggage
8.1 Free Baggage Allowance
You may carry some Baggage, free of charge (cost is already included in ticket price), subject to our conditions and limitations, which are available upon request from us or our authorized 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
126.96.36.199 Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organization (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);
188.8.131.52 Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
184.108.40.206 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 than 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 220.127.116.11
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, jewelers, 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.
If we agree to carry you 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
9.1.1 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:
18.104.22.168 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
22.214.171.124 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
126.96.36.199 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 188.8.131.52 through 184.108.40.206 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.
Article 10 - Refunds
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.
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
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 Myway Airlines 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
13.1.1 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
The liability of Myway Airlines 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 Myway Airlines 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 authorized Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorized 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 Myway Airlines.
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.
16.2.1 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. Myway Airlines 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.
Article 17 - Other Conditions
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 matters are available from the Carrier upon request.
Article 18 - Modification and Waiver
No agent, servant or representative of Myway Airlines 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.
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