Terms and Conditions of Carriage for D7 flights
|1.1||Meanings: In these Terms & Conditions, these particular expressions have the following meanings:
|1.2||Captions: The title or caption of each Article of these Terms & Conditions is for convenience only and is not to be used for interpretation of the text.|
|2.1||General: These Terms & Conditions apply to the carriage by air or by other means of transportation including surface transportation of Passengers and Baggage performed by us or on our behalf and to any liability we may have in relation to that carriage and transportation.|
|2.2||Terms & Conditions Prevail: Except as provided in these Terms & Conditions, in the event of inconsistency between these Terms & Conditions and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail.|
|2.3||Language: The language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other languages, English, unless subject to any applicable local laws relating to language of interpretation, shall be the sole language used in the interpretation of these Terms & Conditions.|
|Tickets / Itinerary|
|3.1||Prima Facie Evidence Of Contract: The Itinerary is prima facie evidence of the contract for carriage between passenger and us. The Itinerary, these Terms & Conditions and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us.|
|3.2||Transferability: The contract for carriage is only transferable as provided in these Terms & Conditions and our Conditions of Contract.|
|3.3||Validity: The Itinerary is only valid for the Passenger named and the flight specified therein.|
|3.4||Identity: We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to produce appropriate identification at check-in.|
|4.1||General: Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. We shall not be liable to you for your failure to meet any connecting flights. If you have purchased our FLY-THRU product, the relevant terms governing FLY-THRU in these Terms and Conditions shall apply. If you have purchased a FLY-THRU involving more than one participating airline, you shall be subject to the Terms & Conditions of Carriage of each respective airline.|
|4.2||Infants: The fees for infants between nine (9) days old to under the age of two (2) - 24 months) years old (on the date of travel) are provided for in the Fee Schedule. An infant may travel provided he sits on an adult's lap. Only one (1) infant is allowed for one (1) adult. No perambulators are allowed on board the aircraft. The number of infants is limited per flight due to safety regulations and as such, there may be a possibility that we may not be able to accommodate your request to carry infants with you.|
|4.3||Government Taxes, Charges and Insurance Surcharge: Any government taxes, charges or insurance surcharge imposed on air travel by the Government, relevant authority or the airport operator in respect of your use of any of our services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such government taxes, charges and insurance surcharge imposed on air travel may change from time to time and can be imposed even after the date that your booking has been confirmed. You shall nevertheless bear such government taxes, charges or insurance surcharge as and when they fall due prior to departure.
Please refer to our Fee Schedule for amounts on taxes, charges and Insurance Surcharge.
We shall refund airport tax only. Airport tax is only refundable if requested in writing within 6 months of the travel date and the refund is subject to a refund processing fee, where applicable.
|4.4||Currency: Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us.|
|4.5||Accuracy: All fares, prices, flight schedules, routes published, prebooked products and services are correct at the time of publication and are subject to change at any time and from time to time without prior notice.|
|4.6||Applicable Fares: Applicable fares are those published by us or on our behalf, whether electronically or by way of other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated by us.|
|Booking of Seats|
|5.1||Confirmation of Booking: The booking of a Seat is confirmed after full payment of the fare is made and after we issue you a booking number and/or the Itinerary. Once confirmed, the booking cannot be cancelled and payments made are not refundable.|
|5.2||Group Bookings: These are governed by specific terms that vary from time to time. Please contact us for further details.|
|5.3||Flight Change: Once a booking number has been issued, flight changes are subject to the following terms: Inside of forty-eight (48) hours prior to the scheduled flight departure time, no changes are allowed. The charges for flight change outside of forty-eight (48) hours prior to the scheduled flight departure time are provided for in the Fee Schedule, subject to the following conditions:
|5.4||Promotional Fares: Article 5.3 regarding Flight Change rules and Article 5.5 regarding Name Change do not apply to certain selected promotional fares.|
|5.5||Name Change: Once a booking number has been issued, you are not allowed to substitute the passenger named in the confirmed booking with another passenger’s name. Please refer to the Fee Schedule for countries where Name Change is allowed.|
|5.6||Payment: Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/or to disallow you to board the aircraft.|
|5.7||Personal Data: You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you.
For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above.
|5.8||Seating: We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted or is otherwise made available on the flight. You will be allocated a seat upon check-in. We reserve the right to re-assign seats, even from the Quiet Zone, at any time, including after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, health or security reasons. Passengers are not allowed to move to seats of higher value when on board.|
|5.8.1||Advance seat request (ASR): Subject to availability you may pay a fee for an advance seat request (ASR) prior to the scheduled time of departure. Please refer to our Fee Schedule for the fee for an ASR. Where an ASR is purchased even in a Quiet Zone, we reserve our 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. We do not guarantee any specific seat reassignments, whether for an aisle, window, exit row, or other type of seat including reassignments from the Quiet Zone. We will, however, make reasonable efforts to honour paid seat assignments. Passengers are not allowed to move to seats of higher value when on board.|
|5.8.2||If at any time after successfully purchasing an ASR and our schedules are changed, terminated, delayed or merged due to circumstances which we reasonably consider to be beyond our control or for commercial reasons or reasons of safety, we shall at our option, either:
|5.9.1||Inflight products: The provision of inflight products, services or advertised programmes is subject to availability. Inflight products or services are non-refundable and non-transferable once purchased. We do not accept any bookings or changes to inflight products or services within 24 hours from the scheduled flight departure time. We reserves the right, without prior notice, to amend/change the prices or substitute any component for inflight products or services.The boarding pass is proof of purchase of your pre-booked inflight products or services and must be presented to the cabin crew onboard to redeem the pre-booked inflight products or services. All prices and/or savings quoted for your inflight prebooked products or services are correct at the time of booking.|
|5.9.2||Meals: Meal selections are subject to variation from time to time. Food may contain nuts, dairy and/or gluten. We do not accept any bookings or changes to your meal selections within 24 hours from the scheduled flight departure time. We reserves the right, without prior notice, to amend/change the prices for prebooked meals, substitute any component of the pre-booked meal with an item of similar value subject to availability and/or aircraft suitability. The boarding pass is proof of purchase of your pre-booked meal and must be presented to the cabin crew onboard to redeem your pre-booked meal. All prices and/or savings quoted from your prebooked meals are correct at the time of booking.|
|5.10||Travel Insurance: As our liability to you is limited, we recommend that you purchase a travel insurance to cover:
|Check-in and Other Requirements of Carriage|
|6.1.1||Check-In, Deadlines and Conditions: Our check-in counters are open three (3) hours before the scheduled flight departure time. The counters close sixty (60) minutes before the scheduled flight departure time*. Check-in deadlines may vary at different airports and for particular flights. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check in without any liability to you and without having to refund to you any fare paid:
|6.1.2||Self Check-in: We offer a self check-in facility. The facility is subject to specific requirements and restrictions to changes after checking in which may be viewed on our website under Self Check-in.|
|6.1.3||Unavailability of Seat: There is a chance a seat will not be available for you on your flight even if your reservation is confirmed. This is due to the common practice in the airline industry of overbooking. If you are denied boarding on an overbooked scheduled international flight for which you have both a valid and a confirmed reservation, and you have presented yourself at check-in by the check-in deadline, we shall at our option either:
|6.1.4||Sole remedies: Except where applicable Conventions apply, the options outlined in Article 6.1.3 (a) to (b) are the sole and exclusive remedies available to you.|
|6.2||Boarding: You should be at the boarding gate at least ninety (90) minutes prior to scheduled departure. Boarding closes twenty (20) minutes prior to departure. If you arrive later than this at the boarding gate you will not be accepted for travel.|
|6.3||No-show: You must be present at check in on time and be present at the boarding gate not later than the time specified by us at the time of check in. Failing to check in on time and boarding the aircraft by the time the aircraft departs, the fare you paid will not be refunded to you for any reason whatsoever|
|6.4||Compliance: You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms & Conditions, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.|
|6.5||Travel Documents: You are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.|
|6.6||Documents Advisory: All passengers travelling on international routes must possess valid passports with at least six (6) months' validity and the applicable valid visas. Such passengers shall also possess a return or an onward journey ticket. If you have purchased our FLY-THRU product, you are responsible for ensuring you meet the entry requirements of your final destination .|
|6.7||Refusal of Entry: You agree to pay the applicable fare and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund the fare to you.|
|6.8||Passenger Responsible for Fines, Detention Costs, Medical Costs etc.: If we are required to pay or deposit 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 flown from, into or over or to produce the required documents, or administering any medical care including paramedic services in cases of emergencies at ports of departure and arrival, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.|
|6.9||Security Inspections: You shall submit to any security or health checks by Government or airport officials or by us.|
|6.10||Items Removed From Passengers By Airport Security Personnel: We will not be responsible for, nor have any liability in respect of, items removed from you or your Baggage by airport security personnel acting in accordance with international or government regulations, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed by such airport security personnel to us..|
|Refusal and Limitation of Carriage|
|7.1||Right to refuse carriage: We may refuse carriage of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:
|7.2||Unaccompanied Child: Children below age 12 will not be accepted for carriage unless they are accompanied by a person of at least 18 years of age.|
Passengers with reduced mobility/medical condition: For safety reasons AirAsia X can carry only a maximum of 8 passengers per flight who have reduced mobility* provided that quadriplegic passengers are limited to not more than 4 per flight. Under certain circumstances we may require the passenger to travel with a companion. Please refer to 7.3.1 (Travel with a Companion).
Unless otherwise determined by us, passengers with a medical condition / illnesses are required to produce a valid medical certificate dated no more than 7 days from the date of travel and sign a Limited Liability Statement upon check in confirming that they are fit to travel. For the safety of other passengers we reserve the right to deny boarding passengers suffering from infectious, contagious or chronic diseases at our sole discretion.Passengers with specific requirements requiring special assistance and passengers with medical conditions / illnesses including those that may require administering or carrying medication / syringes onboard are requested to contact us via our live web chat or our call center at least 48 hours before the scheduled flight departure date to make prior arrangement for the type of special assistance required. Failure to notify us will result in the service being unavailable upon your arrival at the airport and you being refused carriage. For health and safety reasons passengers with specific requirements must check-in at the airport.
|7.3.1||Travel with a companion: We may require that you travel with a companion if:-
|7.3.2||Seating: We will make reasonable seating accommodations for Passengers with specific requirements in accordance with applicable laws. We reserve the right to re-assign seats at any time, including after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, health or security reasons|
|7.4||Pregnant Passengers: It is the duty of pregnant passengers to advise us of the progress of their pregnancy at the point of booking of Seat and at the check-in counter. Our carriage of pregnant passengers are subject to the following conditions:
|7.5||Infants 8 days and/or below: We reserve the right not to carry infants eight (8) days-old and/ or below. We may in our absolute discretion decide to carry such infants on our flights when such carriage is expressly sanctioned in writing by a medical practitioner and when the parent of the infant signs a Limited Liability Statement.|
|8.1||Items Unacceptable as Baggage or to be Carried Inside Baggage: We reserve the right to refuse carriage of such baggage or such items found in baggage as follows:
|8.2||Valuable and Fragile Goods: Passengers are strongly advised not to check in such items as baggage. If they are checked in as baggage, passengers agree they send for carriage of such items at their own risk. Such items include money, jewellery, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like.|
|8.3||Right to Search: For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage. We reserve the right to search your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. If you refuse to comply with such searches or scans we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our fault or negligence. We will not be liable for locks damaged due to customs or security inspection at both arrival and departure airports.|
|8.4||Checked Baggage: Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. Checked Baggage will 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 same to you within a reasonable time of arrival of that flight unless applicable law requires you to be present for customs clearance.|
|8.5||Checked Baggage: A baggage fee is charged for the carriage of Checked Baggage, which will be charged at a discounted rate if purchased at time of booking or up to 4 hours prior to the scheduled time of departure or at a full rate at the Airport Check-in counters. A minimum of 20kg of Checked Baggage may be purchased at first instance. Any passenger checking in baggage which exceeds the amount purchased at time of booking will be charged on a per kg basis at the Airport Check-in counters. Please refer to our fee schedule for details on all rates. The fee is non-refundable and non-transferable.
Baby buggies, manual wheelchairs, mobility devices and walking frames are carried free of charge.
There is no baggage allowance for infants, although a pram/buggy will be carried free of charge.
Passengers may not use the unused Checked Baggage of other passengers unless travelling on the same Itinerary. Passenger booked in the same itinerary and does not travel may not transfer their unused Checked Baggage weight to the other passenger(s) in the same Itinerary. For health and safety reasons the Carrier will not accept any individual item exceeding 32 kg and with combined dimensions of more than 81cm height, 119cm wide and 119cm depth. This weight limit does not apply to mobility equipment.
Sporting equipment may be carried in the hold of the aircraft upon payment of the fee set out in the fee schedule and at your own risk. You are therefore, advised to purchase the necessary insurance for such items. Musical instrument which exceed our cabin baggage dimensions provided it is within 75kg may be carried in the cabin if a seat for it has been purchased and the appropriate fare paid. There is no baggage allowance associated with the purchase of an extra seat
|8.6||Unchecked Baggage: Passengers (except infants) are allowed two (2) items of baggage to be carried on board. The items of baggage may be a combination of any two of the following: cabin bag or a laptop bag or a handbag. The cabin bag shall not exceed the dimensions of 56cm X 36cm X 23cm and must not weigh more than 7kg. The cabin bag must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board and we reserve the right to check in such items as Checked Baggage subject to excess baggage fee payable at the boarding gate. Subject to the prevalent applicable local laws and regulations passengers may take liquids on board in their hand luggage provided they meet the following restrictions:
|8.7||Aircraft Weight Limitation: If the Carrier believes that the aircraft weight limitation would otherwise be exceeded, the Carrier will decide in its discretion and subject to the provisions of Article 8.4 of these Terms and Conditions and any applicable local laws, which articles shall be carried.|
|8.8||Collection and Delivery of Baggage: You shall collect your Baggage as soon as it is available for collection at places of destination. If you do not collect it within a reasonable time and the baggage needs to be stored at our premises, we may charge a storage fee. If Checked Baggage is not claimed within one (1) month of the time it was made available to you, we may dispose of it without any liability to you. Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked, is entitled to delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he has established to our satisfaction his right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us.|
|8.9||If You Collect the Wrong Bag: If you pick up the wrong bag or other baggage from the baggage carousel, it is your responsibility immediately to return the bag or baggage at your own cost to the baggage claims officer or airport manager at the airport where you collected it.You will also be responsible for the cost of delivery which we will incur to deliver the bag to the rightful owner|
|9.1||Schedules: We will use our best efforts to avoid delay in carrying you and your baggage. We will endeavour to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss incurred by passengers as a result of such change.|
|9.2||Cancellation, Changes of Schedules: At any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such flight cancellation, we shall either:
|9.2.1||FLY-THRU: If a delay or cancellation/reschedule of our flight causes you to miss your FLY-THRU flight on which you hold a confirmed booking, you are entitled to the following:
If your flight is delayed at the point of origin:
|9.3||Sole remedies: Except where applicable Conventions apply, the options outlined in Article 9.2. (a), (b) and (c) are the sole and exclusive remedies available to you.|
|Conduct Aboard Aircraft|
|10.1||If in our reasonable opinion you conduct yourself on board the aircraft so as to endanger the aircraft or any passenger or property on board, or obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew including but not limited to those with respect to smoking in any form including E-cigarettes, alcohol, use of cellular telephones, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers of the crew, we may take such measures as we deem 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.|
|10.2||If as a result of your conduct we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.|
|10.3||For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.|
|10.4||Passengers are not allowed to consume their own food and beverage on board. No smoking in any form including E-cigarettes is permitted on any of our flights.
Example chocolates, biscuits, crisps can be allowed in the cabin baggage provided they are not consumed onboard
Are items that will spoil if kept under certain conditions, conditions such as, changes in temperature and humidity.
If we find perishables, example cooked food example rice, noodles, sandwiches, these items will not be allowed in the cabin baggage and guest must dispose the mentioned.
Allowed on board as cabin baggage provided the items are properly packed and sealed and not consumed onboard.
Please note that durian, jackfruit and fruits with a pungent smell which are universally banned in aircraft cabin will not be allowed in cabin baggage
|11.1||Warsaw, Montreal Convention Notice: If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention 1999 may be applicable and the Warsaw Convention or the Montreal Convention 1999 governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.|
|11.2||Notice of Baggage Liability Limitations: Liability for loss, delay or damage to baggage including any protruding parts of the baggage such as wheels, feet, straps, pull/telescoping handles, hangar hooks, loose flaps, zippers, pockets or other attached items is limited unless a higher value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel vary according to the respective law.|
|11.3||Where Warsaw Convention is not applicable: Where your carriage is not subject to the liability rules of the Warsaw Convention, the following rules shall apply:
|Time Limitation on Claims and Actions|
|12.1||Notice of Claims: Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) days from the date the Baggage has been placed at your disposal. Every such notification must be in writing and posted or delivered to us within the above periods.|
|12.2||Limitation of actions: Any right to damages shall be extinguished if an action is not brought against us within two (2) years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by law of the court where the case is heard.|
|Modification and Waiver|
|13.1||None of our agents, employees nor representatives has authority to alter, modify or waive any provisions of these Terms & Conditions.|