Terms and Conditions of Carriage for D7 flights
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.
• the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention)
• the Warsaw Convention as amended at The Hague on 28 September 1955
• the Warsaw Convention as amended at The Hague and by Additional Protocol No. 1, 2 or 4 of Montreal (1975)
• the Guadalajara Supplementary Convention (1961)
• the Montreal Convention (1999)
• any other applicable protocols, conventions or regulations and any enabling legislation
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 & 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) years old (on the date of travel for the first outbound flight) 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. For flights to or from the United States all such taxes, charges, or surcharges will be included in the price quoted. 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. On flights to or from the United States, passenger consent is required prior to the addition of any government taxes, charges, or surcharges that fall due after the date that your booking has been confirmed.
Please refer to our Fee Schedule for amounts on taxes, charges and Insurance Surcharge.
We shall refund airport tax only. This 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, pre-booked 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. This does not affect purchases that are complete.
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 except:
- >that in the case of flights to or from the United States, reservations may be cancelled with full refund within 24 hours after they were made provided that they were made at least seven days prior to departure.
- if a Passenger travelling from / arriving in / FLY-THRU the Republic of Korea wishes to obtain a refund of a Ticket, the refund request needs to be made in writing through a call center, website or email and the amount of the said refund that the Passenger is entitled to shall be subjected to the following criteria:
- 100% of the paid amount is refunded if request is made over 91 days prior to the date of departure; or
- 90% of the paid amount is refunded if refund request is made between 61 and 90 days prior to the date of departure; or
- 80% of the paid amount is refunded if the refund request is made between 31 and 60 days prior to the date of departure; or
- 70% of the paid amount is refunded if the refund request is made between three (3) hours and 30 days prior to the date of departure.
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:
- if a lower fare is available, the difference in fares will not be refunded to the Passenger;
- if the new flight booked is in a higher fare class than that of the cancelled booked flight, the difference in fares shall be paid by the Passenger before the cancellation or change can be made;
- the change is not confirmed until we issue you a new Itinerary and/or booking number; and
- changes on route(s) are not allowed.
5.4 Promotional Fares: Article 5.3 regarding Flight Change rules 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.
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 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:
- carry you on the same ASR on the next available flight; or
- carry you on an ASR of equivalent value on the next available flight; or
- carry you on any randomly assigned seat on the next available flight whereby we will then refund you the ASR payment.
The options outlined in this Article 5.8.2 are the sole and exclusive remedies available to you and we shall have no further liability to you.
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 48 hours from the scheduled departure time for flights to/and from Honolulu (USA) , Kansai (Japan), New Zealand, Gold Coast (Australia) and Mauritius, or within 24 hours from the schedule departure time for all other destinations. We reserve 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 on board to redeem the pre-booked inflight products or services. All prices and/or savings quoted for your inflight pre-booked 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 48 hours from the scheduled departure time for flights to/and from Honolulu (USA), Kansai (Japan), New Zealand, Gold Coast (Australia) and Mauritius, or within 24 hours from the schedule departure time for all other destinations. We reserve the right, without prior notice, to amend/change the prices for pre-booked 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 on board to redeem your pre-booked meal. All prices and/or savings quoted from your pre-booked 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:
- changes in travel plans and travel cancellation
- loss, delay or damage to Baggage and/or personal possessions
- medical cost incurred including charges imposed by paramedics in cases of emergencies at ports of departure and arrival
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:
- if you attempt to check in inside sixty (60) minutes before your scheduled flight departure time;
- if you fail to have proper identification or fail to identify yourself to our staff;
- if you fail to have the proper documents (travel documents that are damaged will not be accepted as proper documents), permits, visa, necessary for travel to a particular place or country;
- if you have not fully paid any fare or other fees or charges due to us;
- if you have been violent to our staff or caused disturbance at our counter or have abused our staff whether physically or verbally;
- if the Government or other authorities prohibits your checking in or boarding the aircraft;
- if in our judgment, you are not fit to travel due to intoxication; and/or
- if in our judgment, you are not medically fit to travel without extraordinary medical assistance during the flight or your highly contagious medical condition poses or could pose a direct threat to the health of other passengers.
* If you are departing from Kuala Lumpur International Airport 2 (KLIA2), it is recommended that you complete your check-in at least ninety (90) minutes prior to the scheduled flight departure time or risk being late at the boarding gate and missing your flight.
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.
18.104.22.168 Counter Check-in Fee: A Counter Check-in Fee is charged and will be payable at the airport counter by each passenger who performs an optional manual check-in at the airport check-in counter for all domestic and international flights at select airports. Please refer to our Fee schedule for details on all rates.
6.1.3 Unavailability of Seat: Except for flights to/from the United States, 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:
- 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 booking; or
- should you choose to travel at another time, retain the value of your fare in a credit account for your future travel provided that you must re-book within three (3) months therefrom.
Passengers involuntarily denied boarding may apply for compensation in accordance with any Convention, which may apply or if there is no applicable law, we will make alternative arrangements.
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. Your travel documents will be checked against various databases, including INTERPOL’s databases, for security, crime prevention and law-enforcement purposes. You are also responsible for ensuring that you have sufficient pages in your travel document to meet the entry requirements for the destination. 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: Except as required by applicable laws, 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:
- such action is necessary for reasons of safety or security;
- such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over;
- your conduct, status, age or mental or physical condition or the physical condition of your baggage is such:
(i) as to cause reasonable fear of harm, to other passengers or to our crew; or
(ii) that you may pose a hazard or risk to yourself, other persons or to property;
- you have committed misconduct on a previous flight and there is a reasonable likelihood that such conduct may be repeated;
- you have not observed, or are likely to fail to observe, our instructions;
- you have refused to submit to a security check;
- the applicable fare or any charges or taxes payable have not been paid;
- the payment of your fare is fraudulent;
- you do not have the proper documents for travel;
- the booking of our Seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by us;
- the credit card by which you paid for the fare has been reported lost or stolen;
- the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;
- the Itinerary has been altered by anyone other than us or our authorized agent, or has been mutilated (in which case we reserve the right to retain such documentation);
- the person checking in or boarding cannot prove that he is the person named as the passenger on the Itinerary (we reserve the right to retain such Itinerary in this circumstance ) and/or
- for the safety of other passengers, we reserve the right to deny boarding passengers suffering from infectious, contagious or chronic diseases that pose a direct threat at our sole discretion, or any other reason that we believe will affect the safety of other passengers.
7.2 Unaccompanied Child: Children below the age of 12 will not be accepted for carriage unless they are accompanied by a person of at least 18 years of age. Such child/children must be seated next to the accompanying adult. The accompanying adult is solely responsible for the well-being of the child/children traveling together with him/her. This also includes ensuring that seats are booked to ensure child/children and accompanying adult are seated together.
7.3 Passengers with reduced mobility/medical condition: Passengers with specific requirements requiring special assistance and Passengers with medical conditions /illnesses including those that may require administering or carrying medication/ syringes on board are requested to contact us via our live web chat or our call center 48 hours before the scheduled flight departure date to make a prior arrangement for the type of special assistance required.
7.3.1 Wheelchairs/mobility devices: Wheelchairs/mobility devices: We accept wheelchairs/mobility devices (including battery-powered wheelchairs/mobility devices) on our flights, subject to Article 8.5 below. We have provided more information on how your wheelchair/mobility device will be transported on our Website.
Passengers requiring wheelchair service are requested to pre-book the same at the time of booking or via Manage My Booking at least 4 hours before the scheduled flight departure time. Failure to notify us may result in any special assistance or wheelchair service being unavailable upon your arrival at the airport and you being refused carriage, except where otherwise required by law.
7.3.2 Travel with a companion: We may require the passenger with reduced mobility/medical condition to travel with a companion if:
- it is essential for safety under applicable government regulations;
- the passenger is unable to assist in his own evacuation from the aircraft due to a mobility restriction;
- the passenger is unable because of a mental disability to understand or respond appropriately to safety instructions ; or
- the passenger has both severe hearing and visual impairments and the passenger cannot establish some means of communication with the cabin crew that is adequate to permit the transmission of the safety briefing required.
The companion must:
- be mentally and physically able to provide the passenger with assistance on board in comprehending and responding appropriately to safety instructions from cabin crew and assisting them to evacuate the aircraft in the event of an emergency; and
- be self-reliant.
7.3.3 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.
7.3.4 Medical certificate and Limited Liability Statement: Unless otherwise determined by us, passengers with a medical condition/illness are required to produce a valid medical certificate* confirming that the Passenger is fit for travel dated no more than ten (10) days before the date of travel.
* Passengers on flights to/from the United States shall only be required to produce a valid medical certificate dated no more than 10 days before the date of travel with the following medical conditions/illnesses:
- A Passenger whose medical condition is such that there is reasonable doubt that the individual can complete the flight safely, without requiring extraordinary medical assistance during the flight; or
- A Passenger who has a communicable disease or condition that could be transmitted to the other Passengers in the cabin on the flight and that poses a direct threat (this includes: chicken pox, measles, mumps, rubella, tuberculosis and whooping cough) and the medical certificate must confirm that the communicable disease or condition is not infectious to the other Passengers in the cabin environment.
Unless otherwise determined by us and except for flights to/from United States, passengers with a medical condition/illness are required to sign a Limited Liability Statement upon check in confirming that they are fit to travel.
7.3.5 Service animals: Service animals will not be accepted for carriage.
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 a seat and at the check-in counter. Our carriage of pregnant passengers are subject to the following conditions:
- Pregnancy up to 27 weeks (inclusive): Except on flights to/from the United States, Guest must sign AirAsia X Limited Liability Statement at the time of check-in to absolve AirAsia X against any liabilities arising there from.
Pregnancy between 28 weeks to 34 weeks (inclusive):
- Guest must submit an approved doctor's medical certificate.
- The doctor's medical certificate must confirm the number of weeks of pregnancy and the certificate shall be dated not more than thirty (30) days from either the scheduled outbound or the scheduled inbound flight departure date as the case may be.
- Except on flights to/from the United States, Guest must sign AirAsia X Limited Liability Statement at the time of check-in to absolve AirAsia X against any liabilities arising there from.
- Pregnancy 35 weeks and above: carriage not permitted on AirAsia X.
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 where a medical practitioner expressly sanctions such carriage in writing 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:
- Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
- Items which are likely to endanger the aircraft or persons or property on board the aircraft and/or defined as dangerous goods under the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA), or our Terms & Conditions and Conditions of Contract.
- Items the carriage of which are prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over;
- Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
- Fragile or perishable items;
- Live or dead animals;
- Human or animal remains;
- Fresh or frozen seafood or other meats provided that such items may be carried on board as hand luggage only if we are satisfied that they have been properly packed. Strictly only styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. Should passengers refuse inspection, we have the right to reject admission of luggage;
- Firearms and ammunition;
- Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium) corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches), electronic cigarettes , electronic cigarettes.
- Weapons such as antique firearms, swords, knives and similar items provided that such items may be allowed as checked baggage at our absolute discretion for very special reasons. These cannot be carried into the aircraft for any reason whatsoever.
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, except as provided by the Convention. 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, artefacts, 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 Custody and carriage of 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 Fee and Weight limits of Checked Baggage: 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. One piece of Checked Baggage (up to 20kg) 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 piece basis (up to 20 kg per piece) 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, except for flights to/from the United States where (a) you are rerouted on to another flight under Article 9.2(a), but do not receive the excess baggage services that were purchased, (b) we have offered you a credit under Article 9.2(b) which includes the price paid for excess baggage services, or (c) we have offered you a refund under Article 9.2(c) or (d).
Baby buggies, manual wheelchairs, mobility devices* and walking frames are carried free of charge provided these items are used by passengers in the course of travelling. 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. A musical instrument that exceeds our cabin baggage dimensions may be carried in the cabin if a seat for it has been purchased and the appropriate fare paid, provided it is within 75kg. There is no baggage allowance associated with the purchase of an extra seat.
* Notwithstanding the above, you are advised to make prior arrangements for your mobility device/equipment to be shipped by freight/cargo separately if your mobility device/equipment (including battery powered wheelchairs) cannot fit through our aircraft cargo door (Dimensions: 140cm (length) x 140cm (width) x 100cm (height)), or cannot be carried on our aircraft due to any other local occupational health, safety and/or regulatory reasons.
- We will take all reasonable measures necessary to avoid delay in carrying you and your baggage.
- Excess baggage and/or any other relevant fees payable must be paid for both sectors at the point of origin.
8.6 Unchecked Baggage: Passengers (except infants) are allowed two (2) pieces of Unchecked Baggage to be carried on board in line with Conditions of Carriage defined in this article.
Unchecked Baggage may be a combination of any of the following two (2) pieces: One (1) cabin baggage or one (1) laptop bag or one (1) handbag or one (1) small bag.
One (1) Cabin Baggage:
- MUST NOT exceed the dimensions of 56cm (H) X 36cm (W) X 23cm (D)
- MUST FIT in the overhead storage compartment in the aircraft cabin.
One (1) Laptop bag or one (1) handbag or one (1) small bag:
- MUST NOT exceed the dimensions of 40cm (H) X 30cm (W) X 10cm (D)
- MUST FIT under the seat in front of you.
The total permitted weight for the two (2) pieces must not exceed 7kg.
Any cabin baggage of excessive weight or size or of an offensive nature will not be permitted on board and passengers are advised to check in such items as Checked Baggage at the Airport Check-in counters in accordance with Article 8.5, failing which, we reserve the right to check in such ‘Baggage’ as Checked Baggage upon boarding subject to gate baggage fee payable at the boarding gate (please refer to our Fee Schedule).
Subject to the prevalent applicable local laws and regulations passengers may take liquids on board in their cabin baggage provided they meet the following restrictions:
- The liquid is in a container with a maximum volume of 100ml
- That all liquid containers meeting the maximum volume of 100ml each can be fitted comfortably into a transparent, re-sealable 1 litre plastic bag.
The plastic bag should be presented separately at security. You may be required to dispose of liquids, which do not meet the above requirements.
Subject to the prevalent applicable local laws and regulations passengers will not be allowed to take on board any inorganic powders such as salt, sand, talcum powder and/or other powders that from time to time may be restricted.
Currently United States, Australia and New Zealand authorities have restricted any inorganic powder carried on board to less than 350 ml/12 oz. These contents may be subject to additional security checks, and/or may be retained by the security officers.
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 & 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 publish 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. We are not 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 changes, cancellations, diversions, postponements, reschedules and/or delays of any flight may occur due to circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such flight cancellation, we shall at our discretion, either:
- 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 booking; or
- retain the value of your fare in a credit account for your future travel if you choose to travel at another time, provided that you must re-book within ninety (90) days therefrom .
- offer a refund if we are unable to carry you to/from your destination within 48 hours from the scheduled time of departure.
- refund the value to your bank account or credit or debit card if you choose not to proceed with your trip due to a flight cancellation and/or rescheduling that occurs three (3) hours or more before or after the original scheduled departure time. For avoidance of doubt, no refund will be issued when a flight is delayed, cancelled and/or rescheduled at the airport on the day of departure for which you may not have been accepted on the flight.
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: A free move to the next available flight that connects to the final destination within our Connecting Time.
If your FLY-THRU flight is delayed: A free move to the next available flight within our Connecting Time.
If your new flight does not meet our Connecting Time or if the next available flight falls on the next day, we will not provide the following:
- Day or overnight accommodation
- Surface transfers
- Storage of your checked baggage. You are required to collect your bags at the transit point and recheck-in for new FLY-THRU flight.
9.3 Sole remedies: Except where applicable Conventions apply, and with exceptions to passengers traveling to and from the U.S., the options outlined in Article 9.1, and 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 : Our fares are not inclusive of complimentary on board meals and beverages. However, you can pre-book the meals 24 hours prior to the scheduled time of departure or purchase them on board. To respect all cultures and religious beliefs we do not allow outside food into the aircraft. No smoking in any form including e-cigarettes is permitted on any of our flights.
Non-perishable items such as chocolates, biscuits and crisps are allowed in the cabin baggage, provided that they are not to be consumed on board.
Perishable items are items that will spoil if kept under certain conditions such as changes in temperature and humidity. Examples of perishable items such as cooked rice, noodles and sandwiches are not allowed in the cabin baggage and must be disposed by guest.
Fruits are allowed on board in the cabin baggage, provided that the items are properly packed, sealed and not to be consumed on board. Please note that durian, jackfruit and any other pungent-smelling fruits which are universally banned in the aircraft cabin are not allowed in either checked or 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:
- >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.
- >We will not be liable for Damage to Checked or Unchecked Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody.
- >Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage and Unchecked Baggage shall be limited to amount as provided for in the Fee Schedule. If the weight of the Baggage is not recorded on the Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If in the case of Checked Baggage, a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.
- >We will not be liable for any Damage arising from our compliance with applicable laws or Government rules and regulations or from your failure to comply with the same.
- >Except where other specific provision is made in these Terms & Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law.
- >We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, include our property.
- >We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition.
- >The contract of carriage including these Terms & Conditions 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, servants, employees and representatives shall not exceed the amount of our own liability if any.
- >Nothing in these Terms & Conditions of the Conditions of Contract shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable laws unless otherwise expressly stated by us.
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 the 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.