Conditions of Carriage - CLAUSE 1 - 5

CLAUSE 1

I N T E R P R E T A T I O N

1.1

FlyNamibia will use its best endeavours to make reasonable decisions about the interpretation of the applicable Laws‚ regulations‚ orders or governmental policy for the purposes of Clause 8.1 (Right to Refuse Carriage)‚ and Clause 12 (Conduct Aboard Aircraft).

Such decisions may have to be made in circumstances where limited time is available and no proper opportunity exists to carry out any or sufficient enquiries. As a result‚ any such decision made by us will be final and binding on the Passenger even if subsequently proved to be incorrect‚ provided that at the time that FlyNamibia made the decision had reasonable grounds for believing that it was correct or reasonable in the circumstances.

1.2

Where FlyNamibia expressly provides in these Conditions of Carriage that the Passenger must comply with applicable Law or applicable governmental‚ ICAO or IATA requirements‚ the Passenger is obliged to comply with such applicable Laws or requirements at all times‚ especially on the date or dates of the Passenger’s carriage.

1.3

All dates and periods of time referred to in this Conditions of Carriage will be ascertained in accordance with the Gregorian calendar.

1.4

The title of each Clause of this Conditions of Carriage is for convenience only and is not to be used for interpretation of the text.

1.5

Limitation of liability: These Conditions of Carriage contain terms and conditions which appear in similar text style and format to this Clause and which –

a)    May limit the risk or liability of the Airline or a third party; and/or

b)    May create risk or liability to the Passenger; and/or

c)    May compel you to indemnify the Airline or a third party; and/or

d)    Serves as an acknowledgement‚ by you‚ of a fact.

Your attention is drawn to these terms and conditions because they are important and should be carefully noted.

CLAUSE 2

A P P L I C A B I L I T Y

2.1

INTRODUCTION

2.1.1

FlyNamibia is a privately-owned‚ regional airline serving a comprehensive network of smaller destinations throughout Namibia and Southern Africa

We operate independently under our own unique WV flight code.

2.1.2

The Airline industry operates in a global environment with specific business processes and procedures which have been developed over the years to enable the industry to operate in a fair and efficient manner while having regard for the various factors and risks unique to the industry. Much of the business processes are captured in regulations‚ conventions and treaties that govern the industry.

2.1.3

FlyNamibia‚ as a member of IATA‚ adheres to all the international regulations‚ Conventions and treaties that govern the industry and where applicable to our Passengers‚ it is captured in this Conditions of Carriage. FlyNamibia reserves the right to change or update its policies‚ procedures‚ and conditions of carriage without prior notification.

2.2

GENERAL

2.2.1

These Conditions of Carriage form part of the Passenger’s contract of carriage with FlyNamibia and apply to the carriage we provide to the Passenger unless Clause 2.4 (Overriding Law) provides otherwise.

2.2.2

The liability of the Airline in regards to any claim that the Passenger may have against FlyNamibia in regards to Loss or Damage to Baggage is limited to the higher of -

a)  the sector fare paid by the Passenger for the Ticket; or

b)  the applicable Convention in terms of any claims related to the loss or damage to Baggage‚ provided that the Passenger complies in all material respects with the procedures in submitting the claims as provided for in the applicable Convention.

2.2.3

These Conditions of Carriage apply to gratuitous and reduced fare carriage as well‚ in all material respects.

2.2.4

These Conditions of Carriage apply to all our business activities‚ including but not limited to FlyNamibia Charter Agreement Operations and Services incidental thereto.

2.2.5

Should a Passenger want to lodge a formal complaint with the FlyNamibia Customer Care department‚ the Passenger must contact the Airline in writing within one (1) month from the date of travel or when the incident occurred. FlyNamibia will not be liable should any information not be available to conclude the investigation exceeding the one-month claim period.

Complaints and compliments sent via e-mail to: complaints@flynamibia.com.na

FlyNamibia will acknowledge written travel-related concerns or compliments within 30 days of their receipt and our customer care department will send a substantive written response within 60 days of receiving a written complaint.

Please note that we are only able to provide feedback to the passenger concerned or their authorized representative to ensure data privacy compliance.

2.2.6

Passengers booking directly with a Travel Agent or third party‚ and not booking directly with FlyNamibia‚ shall be required to contact their Travel Agent for assistance  related to the flight booking.

FlyNamibia cannot make passenger-suggested changes to a booking done via a third party or Travel Agent such as cancelling the itinerary a week before departure or changing the flight to another date.

Please contact your Travel Agent to make the necessary changes to your itinerary and FlyNamibia E-ticket. The only changes FlyNamibia can make to third-party or Travel Agent bookings is when FlyNamibia has an irregular flight operation in the form of a delay relating to the airline’s responsibility done at the airport on the day of operation.

Any changes to your E-ticket made by a third party or Travel Agent may carry a cost in terms of your contract with the third party or Travel Agent. That cost is for your account and is not payable by FlyNamibia nor can it be claimed from FlyNamibia.

2.3

INTERLINE TRAVEL / CODESHARE PARTNERS

2.3.1

FlyNamibia has both Uni-lateral and Bi-lateral Interline E-ticketing agreements with certain airlines worldwide. A single E-ticket will be issued covering all segments of the itinerary operated by different airlines. These E-tickets will be issued on the issuing airline's ticket stock and not FlyNamibia ticket stock. This type of E-ticket allows for the Checked baggage to be carried through to the final destination with  no need to collect and re-check the baggage at the transit airports.

2.3.2

For tickets issued on foreign ticket stock (excluding E-tickets) the passenger will need to contact the original booking agent for assistance with any Irregular flight Operations (IROPs) or Schedule changes.

2.3.3

Interline Baggage Acceptance:

a)   Solely applies to Interline itineraries on a Single Ticket.

b)   When FlyNamibia (WV) is the issuing carrier‚ it will select and apply its own Checked Baggage policy Clause 10 (Baggage) throughout the Passenger’s Interline Itinerary.

c)    When a Passenger makes a voluntary itinerary change‚ the Checked Baggage policy of the newly Selected Carrier applies.

d)   The Selected Carrier’s Checked Baggage excess baggage charges apply at any point where bags are checked in‚ including stopovers.

e)   Each Operating Carrier’s Carry-on baggage allowances and policies will apply to each flight segment in an Interline Itinerary.

f)     Where FlyNamibia (WV) is a Participating Carrier or is not the Selected Carrier on an Interline itinerary but is an Interlining Carrier that is providing transportation to the passenger based on the ticket issued‚ FlyNamibia (WV) will apply the Selected Carrier’s baggage rules throughout the Interline Itinerary.

2.3.4

The Conditions of Carriage of the operating carrier shall apply in all other respects‚ with the result that‚ for example‚ provisions relating to baggage acceptance‚ check-in and boarding‚ refusal‚ and limitation of carriage‚ conduct aboard aircraft‚ and schedules‚ delays and cancellation of flights may differ from these Conditions of Carriage and the Airline requests that the Passenger familiarise themselves with the Conditions of Carriage of the operating carrier‚ where applicable.

2.3.5

LIMITATION OF LIABILITY

Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire journey‚ including any portion entirely within the country of origin or destination. For such passengers on a journey to‚ from‚ or with an agreed stopping place in the United States of America‚ the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of [certain ] [(name of carrier) and certain other] carriers parties to such special contracts for death of or personal injury to passengers is limited in most cases to proven damages not to exceed US $75‚000 per passenger‚ and that this liability up to such limit shall not depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such special contracts or on a journey not to‚ from‚ or having an agreed stopping place in the United States of America‚ liability of the carrier for death or personal injury to passengers is limited in most cases to approximately US $10‚000 or US $20‚000.

2.3.5.1

The names of Carriers parties to such special contracts are available at all ticket offices of such carriers and may be examined on request.

2.3.5.2

Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under the Warsaw Convention or such special contracts of carriage. For further information please consult your airline or insurance company representative.”

2.3.5.3

[This Agreement was filed with the Civil Aeronautics Board of the United States. The Board approved it by Order E-23680‚ adopted May 13‚ 1966. The Agreement (Agreement 18900) became effective May 16‚ 1966. On January 1‚ 1985‚ this Agreement became the responsibility of the Department of Transportation (DOT) by operation of law.]

2.3.5.4

This Agreement may be signed in any number of counterparts‚ all of which shall constitute one Agreement. Any Carrier may become a party to this Agreement by signing a counterpart hereof and depositing it with DOT.

2.3.5.5

Any Carrier party hereto may withdraw from this Agreement by giving twelve (12) months’ written notice of withdrawal to DOT and the other Carrier parties to the Agreement.

2.4

OVERRIDING LAW

These Conditions of Carriage are applicable unless they are inconsistent with applicable Law in which event such Law shall prevail.

2.5

COVID HEALTH ADVISORY

2.5.1

FlyNamibia follows procedures‚ advice‚ and guidelines from the Centers for Disease Control and Prevention‚ World Health Organisation (WHO)‚ International Air Transport Association (IATA)‚ Namibian Civil Aviation Authority (NCAA)‚ the relevant Airport and Customs authorities‚ and the Namibian Government Health Gazette.

2.5.2

As of 23 June 2022‚ face masks are no longer mandatory on board FlyNamibia domestic flights and within domestic airports‚ however‚ FlyNamibia passengers and employees are welcome to wear a face mask if they so choose.

For international travel‚ some destinations still require you to wear a face mask during the flight or at the airports. Ensure to check the latest government requirements of the countries you are travelling to including the applicable transiting countries and the local rules of the airports prior to departure.

2.5.3

NAMIBIA’s Port Health will still require that all international arriving passengers undergo contactless digital thermal temperature screening and complete the Traveller Health Questionnaire (THQ).

2.5.4

In the event passengers start to feel ill during flight or arrive at their destination and show symptoms of a communicable disease‚ to the point where they could be placed in quarantine‚ FlyNamibia shall not be liable for any costs incurred related to such incidents and no further claims can be submitted. Any medical costs‚ new tickets‚ repatriation‚ accommodation costs‚ etc. shall be for the passenger’s expense and FlyNamibia accepts no liability thereof.

CLAUSE 3

T I C K E T S and I D E N T I F I C A T I O N

3.1

GENERAL

3.1.1

It is a regulatory requirement that airlines verify that the person travelling is the same person booked to travel. In accordance with the relevant regulation‚ any passenger travelling or departing on a scheduled public air transport flight from an aerodrome in the Republic of NAMIBIA is required to produce a valid identification document at the check-in desk and at the boarding gate prior to boarding the flight.

3.1.2

FlyNamibia shall accept the following forms of identification to permit carriage to passengers whose name appears on the E-ticket.

REGIONAL TRAVEL                                                                                               

A valid Passport is required for all customers (regardless of age) for travel to‚ from and via all countries.

DOMESTIC TRAVEL WITHIN NAMIBIA                                                                                               

a) Namibian Government issued Identification Document (ID Card)

b)    Valid International/National Passports including emergency / temporary travel documents e.g.‚ asylum‚ Red Cross‚ or International Organisation for Migration (IOM) papers.

c)     Temporary Identification documents are permitted provided they are accompanied by an affidavit that is not older than three months.

The following documentation will be accepted for passengers under 18 years of age:

d)    Original Birth Certificate or a certified copy not older than 3 months.

3.1.3

Digital copies of any form of identification will not be accepted‚ as per NCAA regulations. However‚ this will be accepted if no other means of passenger identification is available‚ at the discretion of FlyNamibia (In line with Part 112.00.3 (1)).

3.1.4

Failure to present identification for each passenger‚ including persons younger than 18 years as outlined above will result in a denied boarding without recourse to FlyNamibia.

3.1.5

In the case of an Electronic Ticket‚ the Passenger is required to bring the E-Ticket Itinerary Receipt to the airport as it shall be necessary for the Passenger to present it to FlyNamibia‚ Airport Immigration and Security Personnel.

3.1.6

FlyNamibia will not accept responsibility for any claim or loss due to schedule changes‚ mishandling of baggage or misconnecting flight(s) in circumstances where the Passenger has booked his/her travel itinerary on separate ticket(s) issued on different carriers as opposed to a single ticket itinerary.

3.1.7

For the purposes of the Warsaw Convention and the Montreal Convention‚ an E-Ticket Itinerary Receipt is deemed to serve as a Ticket.

3.1.8

Some Tickets are sold at special fares which may be partially or completely non-refundable. It is the Passenger’s responsibility to choose the fare and applicable fare rules best suited to their travelling needs and ensures that they familiarise themselves with the fare rules and the terms and conditions of the Ticket.

3.1.9

Air Travel involves many risks and FlyNamibia’s liability is limited therefore it remains the Passenger’s responsibility to ensure they have appropriate and adequate travel insurance. This will cover instances where the Passenger is unable to make use of such a Ticket for whatever reason‚ including non-performance by FlyNamibia which can cover things such as:

-    Changes in Travel Plans and Flight Cancellations

-    Medical and Hospital Expenses

-    Repatriation Costs

-    Personal Injury and Death

-    Delayed‚ Damaged or Lost Baggage

-    Force Majeure events

-    Adverse Weather Conditions

-    Local and/or Global Epidemic/Pandemic outbreaks

3.1.10

Namibian Immigration Regulations require for anyone travelling with children  under 18 years‚ whether parents of the child‚ relatives‚ family friends or school teachers travelling to/from NAMIBIA to travel with certain documents.

Before travelling‚ consult the Namibian embassy in your home country or the Namibian Department of Home Affairs in order to ensure that you meet all relevant criteria.

3.1.11

FlyNamibia is bound by the Namibian Immigration Regulations and must act accordingly. Travellers not in possession of the required travel documentation shall not be allowed to travel. It is solely the passenger’s responsibility to ensure they are in possession of all travel documents required by the Airline‚ Immigration or Customs etc.

3.1.12

The airfare included in the electronic ticket may be a special fare and rebooking and cancellation restrictions may apply. If the fare conditions allow for a rebooking or refund‚ please be advised that charges may apply. Airfares have conditions attached that limit or exclude the passenger's right to change or cancel the reservation. The passenger is responsible to familiarise themselves with the terms and conditions that apply to the airfare and FlyNamibia accepts no responsibility for the passenger’s failure to do so.

Having purchased an electronic ticket from FlyNamibia means that you understood and agreed to our terms and conditions of carriage including restrictions on dangerous goods forbidden for air transportation and the fare purchase conditions. For enquiries regarding the fare conditions applying to your chosen airfare‚ please contact your local FlyNamibia office.

3.2

PERIOD OF TICKET VALIDITY

3.2.1

FlyNamibia standard traffic documents WV will be valid for:

Note: E-tickets issued on/after 01 January 2023 shall be valid for one (1) year from Date of Issue.

3.2.2

It is the Passenger’s responsibility to familiarise themselves with the Fare Rules and the terms and conditions of the Ticket.

3.3

NON-USE OF TICKET

3.3.1

In the event that after the Passenger has begun their carriage‚ and the Passenger is prevented from travelling within the period of validity by reason of illness‚ FlyNamibia may extend the validity of the Ticket until the date the Passenger becomes fit to travel‚ provided that the date falls within the validity of the Ticket as described in Clause 3.2 (Period of Ticket Validity)‚ subject to availability‚ and the itinerary is used in ticket sequence for which the fare has been paid.

Such illness must be attested with proof of hospitalisation by way of the hospital account or admission form bearing a date not more than ten (10) Days prior to departure of the flight as indicated on the Ticket.

In such circumstances‚ FlyNamibia will similarly extend the period of validity of Tickets of  other members of the Passenger’s Immediate Family accompanying the Passenger or refund the Passenger in full at the Passenger’s election.

3.3.2

In the event of the death in the Immediate Family of a Passenger who has commenced travel‚ the validity of the Ticket and the Tickets of the immediate family who are accompanying the Passenger may likewise be extended or refunded at the Passenger’s request‚ provided that the date falls within the validity of the Ticket as described in Clause 3.2 (Period of Ticket Validity)‚ subject to availability‚ and the itinerary for which the fare has been paid.

3.3.3

In the event that the Passenger fails to present themselves at the prescribed times at either the check-in counter for the check-in procedure or at the boarding gate for the boarding procedure‚ FlyNamibia reserves the right to consider the Passenger as a "no-show" and the Passenger will forfeit the coupon for that applicable segment of travel without the right to a refund.

3.4

SEQUENCE OF TICKET USE

3.4.1

The Ticket is valid only for the transportation as indicated on the Ticket‚ from the place of departure to the destination. The fare the Passenger has paid is for the transportation and sequence of transportation as indicated on the Ticket. The Ticket will not be honoured by FlyNamibia and will lose its validity if all the coupons are not used in the sequence provided on the Ticket.

3.4.2

Should the Passenger wish to change any aspect of transportation as indicated on the Ticket‚ the Passenger is obliged to contact FlyNamibia in advance of the date of travel. The fare for the Passenger’s new transportation will be calculated and the Passenger will be given the option of accepting the new price or maintaining the original transportation as Ticketed.

3.4.3

Should the Passenger change the transportation without FlyNamibia’s agreement‚ FlyNamibia  will assess the correct price for the actual travel. The Passenger will be obliged to pay the difference between the price and penalties‚ if applicable‚ and the total price applicable for the revised transportation. FlyNamibia will refund the Passenger the difference if the new price is lower than the original price.

3.4.4

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 (for example if the Passenger does not fly the first segment) or reversing the direction of travel (where applicable)‚ can result in a change in price.

3.4.5

Depending on the fare class‚ most fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all‚ or only upon payment of an additional fee.

3.4.6

Each flight coupon contained in the Passenger’s Ticket will be accepted for transportation in the class of service on the date and flight for which the Ticket has been reserved.

3.5

TAX INVOICE

3.5.1

A Tax invoice for domestic air tickets may be requested as follows:

a)  For Web bookings on the FlyNamibia website https://www.flynamibia.com.na

b)  For FlyNamibia direct sales bookings: info@flynamibia.com.na

c)  For travel agent bookings or alternative website bookings‚ contact them directly

CLAUSE 4

F A R E S‚ T A X E S ‚ F E E S and C H A R G E S

4.1

FARES

4.1.1

The fare paid for the Ticket includes the carriage of the Passenger and their Baggage from the airport of departure to the airport at the destination via specified Stopovers at the times and on the dates specified in the Ticket‚ unless FlyNamibia advises the Passenger otherwise for whatever reason.

4.1.2

Airfares are different for adult‚ children and infant Passengers.

• Adult fares apply to Passengers twelve (12) years and over.
• Children fares apply to Passengers two (2) to eleven (11) years of age.
• Infant fares apply to Passengers under two (2) years of age.

4.1.3

Infants that pay the infant fare will be seated on the adult’s lap. Infants that require their own seat (between six (6) and twenty-three (23) months) must be in an approved car-type seat and will be charged the children's fare.

4.1.4

Infants becoming two (2) years en route must have a booked seat for the remaining portion of the journey and the child fare applies for this part of the journey.

4.1.5

Children who have reached their twelfth (12) birthday en route at the time of departure shall pay the full applicable adult fare.

4.1.6

The fare charged shall be determined by the age of the child or infant at the date of departure.

4.1.7

A second infant (twins) must travel with an accompanying adult.

4.1.8

The fare does not include ground transport services between airports and town terminals.

4.2

TAXES‚ FEES‚ AND CHARGES

4.2.1

Before carriage‚ the Passenger will pay FlyNamibia the total amount of all applicable taxes‚ fees and charges imposed on FlyNamibia by a government or other authority‚ or by the operator of an airport‚ which FlyNamibia is obliged to collect from the Passenger or to pay in respect of the Passengers carriage.

4.2.2

When the Passenger purchases the Ticket‚ all taxes‚ fees and charges not included in the fare will be shown separately on the Ticket but will be included in the total fare of the Ticket.

4.2.3

Taxes‚ fees and charges imposed on air travel are not within FlyNamibia’s control and are prescribed and can be imposed or changed after the date the Ticket has been purchased. If a tax‚ fee or charge is imposed or increased after the Ticket has been purchased‚ the Passenger is obliged to pay to FlyNamibia any such tax‚ fee or charge‚ or any such increase before carriage at FlyNamibia’s request.

4.3

CURRENCY

Fares‚ taxes‚ fees and charges are payable in the currency of the country in which the Ticket is issued. Foreign currency converted to the currency of payment will be at the applicable IATA Bankers Selling Rate quoted and applicable on the date payment is made.

CLAUSE 5

R E S E R V A T I O NS

5.1

RESERVATION REQUIREMENTS

5.1.1

Certain fares have conditions attached that limit or exclude the Passenger’s right to change or cancel reservations. The Passenger is responsible to familiarise themselves with the terms and conditions that apply to the fare and FlyNamibia accepts no responsibility for the Passenger’s failure to do so.

5.1.2

The Passenger is obliged to inform FlyNamibia at the time of reservation if the Passenger      has a medical condition that may require medical assistance or special assistance during embarkation‚ disembarkation or aboard an aircraft.

The reservation will be provisional and converted to a confirmed reservation once FlyNamibia is satisfied that the Passenger has received any medical clearance required and all conditions attached to such clearance have‚ or will be‚ complied with by the Passenger. FlyNamibia reserves the right to deny boarding to a Passenger in the interest of safety. In such instances‚ FlyNamibia will refund the denied Passenger in full.

5.1.3

The Reservation‚ Ticket and Boarding pass must exactly match the Identification (Passport or Namibian ID book/ID card) with the same identically spelt and order of first names and surname. A maximum of two middle names is permitted if applicable. If you are unsure how to enter the Passenger name when booking online at www.flynamibia.com.na ‚ please contact a FlyNamibia office before completing the booking.

5.1.4

Tickets can be transferred to another Passenger and any error in the name or spelling of the name will mean that the ticket will have to be reissued and an administration fee will be charged for the same booking class. Children and infant discount applies.

5.1.5

The onus lies with the Passenger who is responsible for the accuracy of their personal data when booking online‚ over the phone or at a booking office such as:

-    Names are correctly spelt‚

-    Contact telephone numbers and e-mail addresses are correct‚

-    Correct flight dates and times‚

-    Correct departure and arrival airport

Ensure you receive a printed or electronic confirmation with your travel itinerary and E-ticket receipt. FlyNamibia accepts no further liability to the Passenger for any loss or expense.

5.1.6

Children under the age of five years including infants must always travel with an adult or guardian (aged 18 or above) in the same cabin at all times.

5.1.7

When travelling with children under the age of 16 as part of a group or large family etc.‚ the airline requires that adults of 16 years of age and older accompany the children at all times in the same cabin‚ subject to the following conditions:

a)     For every five children (aged 5 to 11 years) travelling‚ one adult is required.

b)    For every ten children (aged 12 to 15 years) travelling‚ one adult is required.

c)     For a mix of age groups (both 5 to 11 years and 12 to 15 years) and the number of travelling children exceeds 5‚ then one adult is required for every five children.

5.2

TICKETING TIME LIMIT

5.2.1

Once the reservation is made‚ the Passenger or someone on the Passengers behalf must pay for the Ticket before the specified ticketing time as advised by FlyNamibia in the fare rules.

5.2.2

FlyNamibia reserves the right to cancel the reservation if the Passenger has not paid the applicable fare for the Ticket according to the Ticket Time Limit as advised in the fare rules.

5.3

PERSONAL INFORMATION

5.3.1

The Passenger acknowledges that personal information (including sensitive personal information) has been provided to FlyNamibia for the purposes of making a reservation‚ issuing a Ticket‚ a boarding pass and other ancillary services related to the Passenger’s carriage‚ including‚ for example‚ provision of wheelchair assistance‚ facilitating immigration and entry procedures‚ facilitating security checks‚ dealing with customs control and making information available to government agencies in connection with the Passenger’s carriage (for example‚ security‚ customs or immigration where FlyNamibia is required by applicable Law to do so).

5.3.2

Sensitive personal information‚ for example‚ information relating to the Passenger’s health or disabilities‚ religion‚ criminal record‚ or otherwise may be processed by FlyNamibia. The Passenger hereby authorises FlyNamibia to disclose such sensitive personal information to third parties for the purposes described in Clause 5.3.1 above.

5.3.3

FlyNamibia may require the name and contact details of a third party whom FlyNamibia may contact in the event of an emergency. It is the Passenger’s responsibility to ensure that the third-party consents to the disclosure of the information provided for that purpose.

5.3.4

FlyNamibia is obligated to comply with the Protection of Personal Information Act (PoPI) in South Africa with respect to the processing of all personal passenger information.

5.4

SEATING

5.4.1

The Airline will use reasonable care within its remit to meet advance seating  requests but cannot guarantee that the Passenger will be able to sit in any particular  seat.

5.4.2

The Airline reserves the right to change the seating arrangements for a similar seat at any time‚ even after the Passenger has boarded the aircraft‚ whether for operational‚ safety‚ security reasons or otherwise.

5.4.3

The emergency exit row seat as per NCAA regulations stipulates strict control as to whom may and may not occupy these seats and comes with great safety responsibility to passengers that occupy them including having the strength‚ mobility‚ and balance required to open the exit door on the crew’s command. Failure to meet the requirements below will result in the passenger being reassigned to an alternative seat at the airport or onboard.

The following conditions must be met to be seated at an emergency exit row seat:

a)     must be 16 years of age or older‚ able-bodied‚ willing‚ and able to assist in the case of an emergency.

b)    must be able to understand instructions in English.

c)     must be free from any physical or mental condition.

d)    must not be pregnant‚ travelling with an infant‚ disabled‚ visually impaired‚ elderly or require an extension seatbelt.

5.4.4

A Chargeable Advance Seat Reservation is applicable to Economy class Rows 1 and

2 on the FlyNamibia E-Jets E145 aircraft on selected routes subject to seat availability which can be purchased online at www.flynamibia.com.na or any FlyNamibia ticket office.

a) The chargeable seats are only guaranteed for the flight booked. In case of voluntary changes to the flight before departure‚ the Advance Seat Reservation will not be transferred to the new flight.

b) Chargeable Advance Seat Reservation is Non-Refundable for voluntary changes.

c) Chargeable Advance Seat Reservations are Not Reroutable and Not Transferable  to another flight or another passenger.

d) Passengers who do not meet the emergency exit row seat requirements will result in the passenger being reassigned to an alternative seat at the airport or onboard.

5.5

AIRCRAFT

5.5.1

The Airline will use its best endeavours to provide the aircraft specified in the published timetable for carriage but cannot guarantee that the particular aircraft will be used. The Airline reserves the right to change the aircraft on which the Passenger will be carried‚ whether for operational‚ safety‚ security reasons or otherwise.

5.5.2

Occasionally‚ it may be required for whatever reason to temporarily supplement the Airline’s fleet with aircraft operated for the Airline by another Airline. In the event that this applies to any aircraft on which the Passenger is due to be carried by the Airline‚ the Airline will endeavour to inform the Passenger of the identity of the operator of the aircraft after which the Passenger will be obliged to familiarise themselves with the Conditions of Carriage of the aircraft operator.

5.6

RECONFIRMATION OF FLIGHTS

5.6.1

Please reconfirm all flight information as indicated on the Ticket two (2) Business Days prior to departure.

5.7

CANCELLATION OF FLIGHTS

5.7.1

Passengers who fail to present themselves for a flight without advising the Airline in advance‚ no later than one (1) hour prior to the scheduled departure time will be a “no-show” and the Ticket flight coupon will be forfeited.

The same will apply if the Passenger does not present themselves for a flight‚ be it at the check-in counter for the check-in procedure or the boarding gate for the boarding procedure prior to departure. It is the Passenger’s responsibility to familiarise themselves with the terms and conditions of the fare and the Airline does not accept any responsibility for the Passenger’s failure to do so.

5.7.2

The Airline will not be liable to the Passenger for any loss or expense whatsoever resulting from the Passenger’s failure to fully comply with the requirements in terms of Clause 5.7.1 above.