1. REFUNDS
11.1 GENERAL
11.1.1 FlyNamibia issues tickets on 749 e-ticket stock range 4Z8/. The funds paid for these tickets are held by Airlink. If a refund is applicable as per the fare rule‚ it will be processed and settled by Airlink for 4Z8/4Z8 ticket stock. Refund requests can be sent to refunds@flynamibia.com.na ‚ as stated in Clause 11.1.7. Please note that the standard Refund administration fee of NAD287.50 will be charged.
11.1.2 For 4Z8 tickets issued on ticket stock range 327‚ refunds will be processed and settled directly by FlyNamibia if applicable as per the fare rule. Refund requests can be sent to refunds@flynamibia.com.na as stated in Clause 11.1.7. Please be aware that the standard FlyNamibia Refund administration fee of NAD440.00 will be charged. For more information on market-related refund administration fees‚ please refer to Annex A of the FlyNamibia Refund Policy.
11.1.3 If a refund is due to the Passenger‚ FlyNamibia for the applicable ticket stock will refund the fare paid for a refundable ticket‚ or any unused part of it‚ together with applicable taxes‚ fees‚ charges in accordance with the applicable fare rules. On a non-refundable ticket‚ only the applicable taxes will be refundable. The DU and OC fees on an E-ticket are non-refundable. Effective 01 May 2020‚ the YQ tax refund is applicable as per the fare rule.
11.1.4 A refund will only be made to the person who has paid for the ticket‚ provided that FlyNamibia for the applicable ticket stock is given proof of identification and payment.
11.1.5 The validity of a travel document for refund purposes is (12) months from date of original issue. Travel documents that are older than (12) months will not be refunded.
11.1.6 All online refund requests made to FlyNamibia in line with Clause 11.3 (Voluntary Refunds)‚ the processing time may take up to four (4) months from date of submission to complete.
11.1.7 Please ensure your reservation has been cancelled before requesting a refund and remember to provide the passenger’s name‚ the billing address‚ the credit card or debit card number or other form of payment used for purchase‚ ticket number(s)‚ copy of Namibian ID or Passport‚ banking details‚ booking reference‚ contact numbers‚ the date of travel and reason for refund in the correspondence.
11.1.8 Should there be no cancellation or penalty fee as per the applicable fare rule‚ then the standard FlyNamibia Refund administration fee of NAD440.00 will be charged. This will be either the cancellation penalty fee or the administration fee‚ never both. Refer to Annex. A of the FlyNamibia Refund Policy for the respective market related refund administration fees.
11.1.9 Any 4Z8 or 4Z8 ticket purchased through a travel agent needing a refund must be requested and processed by the same travel agent subject to the applicable fare rules.
11.2 INVOLUNTARY REFUNDS
11.2.1 Fare refunds will be calculated according to Clause 11.2.1.1 and 11.2.1.2 if FlyNamibia:
a) Cancels a flight‚
b) Fail to operate a flight reasonably according to schedule excluding Force Majeure events listed under Definitions.
c) Fail to carry the Passenger on a flight for which they have a confirmed reservation and have met the applicable check-in and boarding deadlines‚
d) The Passenger has not been refused carriage for reasons permitted by these Conditions of Carriage.
e) Fails to stop at the Passenger’s destination or Stopover‚ or
f) Causes the Passenger to miss a connecting flight in circumstances where the passenger holds a confirmed reservation and adequate time existed to make the connection between the originally scheduled time of arrival of the Passenger’s flight and the departure time of the connecting flight.
11.2.1.1 In the situations described in Clause 11.2.1‚ the refund will be equal to an amount equal to the fare paid‚ including all applicable taxes‚ fees‚ and charges if no portion of the Ticket has been used; or
11.2.1.2 If a portion of the Ticket has been used‚ an amount equal to the difference between the fares paid‚ including all applicable taxes‚ fees and charges and the fare for travel between the points for which the Passenger has used the Ticket.
11.2.2 FlyNamibia will pay the Passenger a refund in terms of Clause 11.2.1 if FlyNamibia refuses the Passenger carriage for any of the reasons set out in this Clause.
Please see Clause 8.2 (Reimbursement of Costs) which permits FlyNamibia to use the value of any unused carriage on the Passenger’s Ticket to reimburse costs payable by the Passenger to FlyNamibia.
11.2.3 FlyNamibia will pay the Passenger a refund in terms of Clause 11.2.1 if FlyNamibia terminates the Passenger’s carriage for any of the reasons set out in Clause 12 (Conduct Aboard Aircraft) before it is completed‚ except that the Passenger will not be entitled to any refund for the flight during which the unacceptable behaviour occurred.
Apart from this‚ FlyNamibia will have no liability to the Passenger for any loss or expense whatsoever. See Clause 11.4 (Right to Refuse Refunds) which reserves FlyNamibia’ s right to use the value of any unused carriage on the Passenger’s Ticket to reimburse costs payable by the Passenger to FlyNamibia due to the unacceptable behaviour aboard an aircraft.
11.2.4 The FlyNamibia Reservations Support desk needs to be contacted for Refund Authority Waivers for a full refund less the administration fee for FlyNamibia Cancelled flights‚ FlyNamibia Technical flights‚ Medical or Death related instances for 4Z8 refunds.
11.3 VOLUNTARY REFUNDS
11.3.1 In the event that a refund of the fare for the Passenger’s Ticket is due for reasons other than those set out in Clause 11.2 (Involuntary Refunds) the refund will be calculated as follows:
11.3.1.1 an amount equal to the fare paid‚ including all applicable taxes‚ fees‚ and charges‚ less any applicable cancellation fees if no portion of the Ticket has been used‚ less a reasonable administration fee prevailing at the time of the refund‚ if the Passenger’s Ticket is subject to restrictions; or
11.3.1.2 If a portion of the Ticket has been used‚ an amount equal to the difference between the fare paid‚ including all applicable taxes‚ fees and charges and the fare‚ including all applicable taxes‚ fees‚ and charges for travel between the points for which the Ticket has been used‚ less any applicable cancellation fees‚ less a reasonable administration fee prevailing at the time of the refund‚ if the Passenger’s Ticket is subject to restrictions.
The standard FlyNamibia Refund administration fee of NAD440.00 will be charged.
11.4 RIGHT TO REFUSE REFUND
11.4.1 FlyNamibia reserves the right not to refund a Ticket if an application for the refund is made more than one (1) year from the date of issue of the original Ticket.
11.4.2 FlyNamibia reserves the right not to refund a Ticket for any flight on which:
a) the Passenger has been refused carriage (for any of the reasons set out in Clause 8.1) (Right to Refuse Carriage).
b) from which the Passenger has been removed (for any of the reasons set out in Clause 12) (Conduct Aboard Aircraft).
c) for Force Majeure events listed under Definitions in Clause 1.
11.5 REFUND CURRENCY
FlyNamibia will remit refunds in the same form and currency that was used to pay for the Passenger’s Ticket.
11.6 BY WHOM TICKET REFUNDABLE
FlyNamibia will pay a voluntary refund on a Ticket only if FlyNamibia or its Authorised Agents issued the Ticket.
11.7 WAIVER REQUESTS FOR VOLUNTARY REFUNDS
Waivers of cancellation fees or administration fees on voluntary refunds must be referred to FlyNamibia Head Office Refunds department. The Consumer Protection Act (CPA) directive in Namibia which gives consumers the right to receive a full refund in case of illness or death. The following is required for such refund:
Illness: The hospital account or admission form must be obtained. Please note that the waiver is for the cancellation fee only‚ the refund administration fee is still applicable. Standard fare rules will apply where no hospital account or admission form is received to substantiate illness.
Death: A death certificate must be obtained. The Waiver is applicable to the death of an immediate family member only.
Note: Death and illness must coincide with the E-ticket dates of travel.
11.8 MEDICAL CERTIFICATES FOR REFUNDS
The waiver of the cancellation fee will only be considered for illness of a passenger or immediate family member based on the fare rules. Please note that the refund admin fee is still applicable.
It is recommended that the passenger be advised and encouraged to take out cancellation and curtailment insurance cover. The insurance cover will protect and compensate for all those eventualities or penalties that will be levied to those airfares they have chosen to purchase.
Immediate Family is defined and limited to spouse‚ children (including adopted children)‚ parents‚ brothers‚ sisters‚ grandparents‚ grandchildren‚ father-in-law‚ mothers-in-law‚ brothers-in-law‚ sisters-in-law‚ and daughters-in-law. Blood relations to family members will need to be proved upon request and all decisions are subject to FlyNamibia’ s discretion. Refunds due to medical reasons with a medical certificate are not guaranteed.
12. BEHAVIOUR ABOARD AIRCRAFT
12.1 GENERAL
Throughout the entirety of the Passenger's journey‚ it is their responsibility to conduct themselves in a manner that is unlikely to:
12.1.1 Breach any laws of the country or state in which the aircraft is under jurisdiction.
12.1.2 Endanger‚ threaten‚ injure‚ or cause harm to any person or property‚ or create the risk of injury or damage to health‚ whether by hoax threats or otherwise
12.1.3 Cause distress or be the subject of complaints from other individuals on board the aircraft due to conduct such as harassment‚ molestation‚ sexual assault‚ physical or verbal abuse.
12.1.4 Cause or potentially cause loss or damage to FlyNamibia’ s or other individuals' property on board the aircraft.
12.1.5 Obstruct‚ hinder‚ or interfere with the crew while they are carrying out their duties.
12.1.6 Disobey any lawful instructions or directions from FlyNamibia or crew related to the safety or security of the aircraft and passengers‚ or the comfort and convenience of Passengers‚ which includes instructions about safety‚ security‚ seating‚ seat belts‚ smoking‚ alcohol consumption or drug use‚ use of electronic equipment like cellular phones‚ laptops‚ PDAs‚ portable recorders‚ portable radios‚ CDs‚ DVDs and MP3 players‚ electronic games or transmitting devices (such as radio-controlled toys and two-way radios).
12.2 ON BOARD ALCOHOL
The consumption of alcohol on board an aircraft by a Passenger is prohibited‚ regardless of whether it was purchased duty-free from FlyNamibia or elsewhere‚ unless it has been served by FlyNamibia. FlyNamibia retains the right to refuse to serve alcohol or to retract alcohol that has already been served to any Passenger at any time and for any reason‚ in the interest of safety and the comfort of all Passengers.
12.3 SMOKING POLICY
12.3.1 Smoking is not permitted on any of FlyNamibia’ s flights. The use of electronic‚ simulated smoking materials including cigarettes‚ pipes and cigars is prohibited.
12.3.2 Passengers and crew are not allowed to pack electronic cigarettes (e-cigarettes) or any other battery-operated electronic smoking devices‚ such as Vapes‚ Twisp‚ or similar‚ in their Checked Baggage. Such items are only allowed in Cabin baggage and cannot be recharged or used while on board the aircraft.
12.3.3 If Cabin baggage is removed and placed as SkyCheck baggage‚ all Lithium-Ion batteries must be removed from the Cabin baggage and carried into the cabin of the aircraft by the Passengers.
12.3.4 No Passenger or crew member may carry or pack any drugs‚ as defined in the Drugs and Drug Trafficking Act 140 of 1992‚ in their Checked Baggage. Such items may only be carried on the person or packed in Unchecked Baggage if the use and possession of the drugs have been obtained from a Medical Practitioner or pharmacist acting on the oral instruction or written prescription of a Medical Practitioner or have been acquired in a lawful manner and as permitted under applicable Laws (Permitted Drugs).
All Permitted Drugs must be kept in the hand luggage‚ and Passengers must have a medical letter authorizing them to use and possess the Permitted Drugs. If a Passenger does not have the required medical authorisation to use and possess the Permitted Drugs‚ they will be prohibited from carrying such items on their person or placing them in Unchecked or Checked Baggage due to the public nature of airline travel and FlyNamibia’ s business operations.
12.4 BREACH OF DUTY
12.4.1 In case FlyNamibia has a reasonable belief that the Passenger hasn't complied with all the obligations mentioned in Clause 12.1‚ Clause 12.2‚ and Clause 12.3‚ FlyNamibia reserves the right to report the issue to appropriate law enforcement or regulatory authorities.
12.4.2 FlyNamibia reserves the right to take appropriate actions‚ as deemed necessary‚ to stop or avoid any further occurrence of unacceptable behaviour. Such actions may include physical restraint‚ removal of the Passenger from the aircraft‚ or denying the Passenger's transportation after a Stopover‚ whether for the purpose of removing the Passenger from the aircraft or otherwise.
12.4.3 FlyNamibia reserves the right to refuse to carry the Passenger at any time in the future; and
12.4.4 The Passenger will reimburse FlyNamibia for any costs FlyNamibia incurs to:
12.4.4.1 repair or replace property lost‚ damaged‚ or destroyed by the Passenger.
12.4.4.2 compensate any Passenger or crew member affected by the Passenger's actions; and
12.4.4.3 divert the aircraft to a destination other than the destination as indicated on the Ticket for the purpose of removing the Passenger from the aircraft.
12.4.5 FlyNamibia reserves the right to use the value of any unused carriage on the Passenger’s Ticket or any of the funds in its possession to pay sums due to FlyNamibia from the Passenger regarding this Clause.
13. ARRANGEMENTS FOR ADDITIONAL SERVICES
13.1 In case FlyNamibia arrange for the Passenger to receive surface carriage or other related services (like ground transfer‚ hotel reservation‚ car rental) through another company‚ or issues a Ticket or voucher for such services‚ it does so as the Passenger's representative. The terms and conditions of the company providing those services will be applicable to the Passenger. FlyNamibia does not assure the quality or safety of the service offered by those companies on the Passenger's behalf.
13.2 FlyNamibia will have no liability to the Passenger regarding any surface carriage or other services FlyNamibia may arrange for the Passenger in its capacity as the agent in making those arrangements which are to be provided by another company unless caused solely by FlyNamibia’ s gross negligence.
The Passenger will have the right to refuse the use of such third-party services and FlyNamibia will not accept any liability as a result of the Passenger’s decision to do so.
14. TRAVEL DOCUMENTS‚ ENTRY REQUIREMENTS‚ CUSTOMS INSPECTION AND SECURITY SCREENING.
14.1 GENERAL
14.1.1 The Passenger is responsible for obtaining and holding all the required travel documents the Passenger needs for entry into any country the Passenger is visiting (even as a transit Passenger).
All passports must be in good condition (not damaged‚ torn‚ have loose pages or defaced). Some countries require the passport to be valid for three (3) or six (6) months beyond the date of return and require one (1) or more Visa unused (blank) pages available in the passport to travel. This does not include pages reserved for Endorsements‚ Amendments or Observations.
FlyNamibia is responsible for ensuring that passengers are properly documented as required by the Department of Home Affairs. This check is typically a visual examination to identify potential fraud and ensure that a valid visa or travel entitlement is present in the passport‚ if necessary. To assist in this process‚ FlyNamibia utilises Timatic‚ an IATA software solution that provides travel documentation guidance to airlines.
The final decision lies solely with immigration to the country of departure and FlyNamibia reserves the right to refuse carriage if passengers do not meet these requirements or if their travel documents do not appear to be in order. FlyNamibia will not be held responsible if‚ in good faith‚ the airline believes that decisive regulations do not allow for carriage and‚ therefore‚ refuses transportation. Additionally‚ FlyNamibia will not be held responsible for any damages that arise due to non-compliance with formalities if passengers were allowed to board despite non-compliance.
14.1.2 The Passenger is obliged to obey all Laws‚ Regulations‚ Orders‚ and other requirements of all countries the Passenger will exit‚ enter‚ or through which the passenger will transit during the Passengers journey.
The granting of a visa does not guarantee that the holder will be permitted to enter the country concerned since permission to land is at the discretion of the immigration officials of a country.
14.1.3 For details of the required travel documents the Passenger is advised to contact the embassy‚ consulate‚ or other relevant body of all relevant countries prior to making the reservation.
If the Passenger is not travelling immediately‚ FlyNamibia advises the Passenger to contact the same bodies again before the Passenger commences travel to ensure that the requirements which are applicable to the Passenger have not changed and that the passenger’s travel documents remain valid for all flights‚ destinations‚ and planned Stopovers.
14.1.4 At FlyNamibia’ s request at any time before or during carriage‚ the Passenger is obliged to:
a) present all Passports‚ Visas‚ Health Certificates‚ and other Travel Documents needed for the journey.
b) permit FlyNamibia to take photocopies of those documents or hand the documents to a member of its flight crew aboard the Passenger aircraft for safekeeping during a flight.
14.1.5 FlyNamibia will not be liable to the Passenger if the Passenger does not have all Passports‚ Visas‚ Health certificates and other Travel Documents needed for the journey or if any of those documents are out of date or if the Passenger has not obeyed all Laws‚ regulations‚ orders‚ and other requirements of all countries the Passenger will exit‚ enter‚ or through which the Passenger will transit during their journey.
14.1.6 FlyNamibia will not accept the Passenger or the Passenger’s Baggage for carriage if the Passenger’s Visas or travel documents do not appear to be in order or if the Passenger has not complied with the other requirements of Clause 14.1.
14.1.7 FlyNamibia has the right to refuse carriage to the Passenger even if the Passenger has started or completed part of the carriage before FlyNamibia has reasonable cause to believe (whether as a result of operation of Clause 14.1.4 or otherwise) that the Passenger has not complied with Clause 14.1.
14.2 REFUSAL OF ENTRY
If a Passenger is denied entry to a country‚ including a country that the Passenger transits through while en route to their destination‚ the Passenger will be required to fully reimburse FlyNamibia upon request for any fines‚ penalties‚ or charges imposed on FlyNamibia by the relevant government (including detention costs). The Passenger will also be responsible for reimbursing FlyNamibia for the cost of transporting the Passenger and an escort‚ if necessary‚ from that country.
FlyNamibia will not refund to the Passenger the fare paid for carriage to the airport where the Passenger was refused entry.
14.3 RESPONSIBILITY FOR FINES‚ DETENTION COSTS AND OTHER CHARGES
If FlyNamibia is required to pay any fees‚ fines‚ penalties‚ or costs‚ including detention costs‚ as a result of the Passenger's failure to comply with the laws‚ regulations‚ or travel requirements of the country to which they have travelled‚ or the failure to produce necessary documents‚ the Passenger will be responsible for reimbursing FlyNamibia for the amount paid. FlyNamibia reserves the right to deduct this amount from any unused portion of the Passenger's ticket or any funds held by FlyNamibia on behalf of the Passenger.
14.4 RETURN OF CONFISCATED TRAVEL DOCUMENTS
FlyNamibia will not be liable to the Passenger for the return of any of the travel documents‚ identification documents or Tickets confiscated by a governmental or other authority.
14.5 CUSTOM INSPECTION
If required‚ the Passenger shall attend inspection of their Baggage by customs or other government officials. FlyNamibia will not be liable to the Passenger for damage suffered by the Passenger during such inspection or because of the Passenger’s failure to attend such inspection.
14.6 SECURITY INSPECTION
The Passenger is required to cooperate with all security checks‚ searches‚ and scans of their person by FlyNamibia‚ FlyNamibia’ s handling agents‚ government officials‚ airport officials‚ police or military officials‚ and other airlines involved in their travel.
Failure to comply with these security measures will result in FlyNamibia refusing to transport the Passenger and their baggage‚ and the fare rules specified in the Ticket will apply. For more information on security checks for baggage‚ please refer to Clause 10.10 (Right to Search‚ Screen and X-ray).
15. SUCCESIVE ARILINES
If FlyNamibia and other airlines are involved in the Passenger's travel under one Ticket or a conjunction Ticket‚ it will be considered a single operation for the purposes of the Warsaw Convention and the Montreal Convention. Please refer to Clause 16.2 (Scope of Liability) to understand FlyNamibia’ s liability limitations for such carriage.
16. LIABILITY FOR DAMAGE
16.1 APLICABILITY
FlyNamibia’ s liability will be determined by the applicable Law and this Conditions of Carriage.
Where other Airlines are involved in the Passenger’s journey their liability will be governed by the applicable Law.
The applicable Law may comprise the Warsaw Convention or the Montreal Convention and/or Laws which apply in individual countries.
The Warsaw Convention and the Montreal Convention apply to international carriage as defined in those Conventions. Provisions concerning FlyNamibia’ s liability are set out in Clause 16.2 to 16.6.
16.2 SCOPE OF LIABILITY
FlyNamibia will only be held responsible for any damage that occurs during the flight operated by FlyNamibia or in situations where FlyNamibia is legally liable to the Passenger. If FlyNamibia issues a Ticket for the Passenger's travel on another airline or checks in the Passenger's Baggage for travel on another airline‚ FlyNamibia is acting solely as an agent for that airline.
16.3 GENERAL LIMITATION
16.3.1 FlyNamibia’ s liability for any damage occurring during the Passenger's carriage‚ governed by the Warsaw Convention or the Montreal Convention‚ will be subject to the applicable Convention's rules and limitations.
16.3.2 FlyNamibia may be wholly or partly exempted from liability to the Passenger for any damage caused or contributed to by the Passenger's negligence‚ wrongful acts‚ or omissions.
16.3.3 FlyNamibia will not be liable for any damage arising from compliance with local laws‚ government rules and regulations or the Passenger's non-compliance‚ except where provided by the Warsaw Convention or the Montreal Convention.
16.3.4 Unless otherwise specified in these Conditions of Carriage‚ FlyNamibia’ s liability to the Passenger will be limited to compensatory damages that the Passenger can claim for proven losses and costs under the Warsaw Convention‚ the Montreal Convention‚ or applicable local laws.
16.3.5 The Passenger's contract of carriage with FlyNamibia‚ including these Conditions of Carriage‚ and all applicable exclusions and limits of liability‚ also applies to its authorised agents‚ employees‚ servants‚ and representatives to the same extent as they apply to FlyNamibia.
16.3.6 Nothing in these Conditions of Carriage gives up or waives any exclusion or limitation of FlyNamibia’ s liability:
16.3.6.1 In terms of the Warsaw Convention‚ the Montreal Convention or applicable local Law‚ whichever may be applicable‚ unless otherwise expressly stated in writing by FlyNamibia; or
16.3.6.2 FlyNamibia cannot exclude or limit its liability under the Warsaw Convention or the Montreal Convention‚ or any other applicable laws‚ and cannot waive any defence available to FlyNamibia under these conventions against any public social security body or any person responsible for paying compensation for the injury or death of a passenger.
16.4 DEATH OR INJURY OF PASSENGERS
If a Passenger suffers any bodily injury‚ death‚ or wounding due to an accident during their carriage‚ our liability for the resulting damages will be subject to the rules and limitations of applicable laws‚ including the following supplementary rules:
16.4.1 FlyNamibia’ s liability for proven damages will not be subject to any financial limits as defined by the Warsaw Convention or any other regulations.
16.4.2 For any proven damages up to the national currency equivalent of one hundred thousand (100‚000) SDRs‚ FlyNamibia cannot defend itself based on proof that it and its agents have taken all necessary measures to avoid the damage‚ or that it was impossible to take such measures.
16.4.3 The Airline agrees to make advance payments to the Passenger or the passenger’s heirs subject to the following terms and conditions:
16.4.3.1 the person receiving payment is a natural person.
16.4.3.2 the Passenger or the person receiving payment is entitled to compensation under the applicable Laws.
16.4.3.3 payments will be made only in respect of immediate economic needs which must be proven by the Passenger or their heirs.
16.4.3.4 the amount of a payment will be proportional to the economic hardship being suffered because of the death‚ wounding‚ or bodily injury‚ save that‚ in the case of death‚ it will not be less than the national currency equivalent of fifteen thousand (15‚000) SDRs per Passenger.
16.4.3.5 payment will not be made later than fifteen (15) Days after the identity of the person entitled to compensation has been established under the applicable Laws.
16.4.3.6 If a person or the passenger for whom the payment is intended is found to have caused or contributed to the damage through negligence‚ they will not be eligible to receive any payment.
16.4.3.7 payments will be off set against any subsequent sums payable in respect of FlyNamibia’ s liability under the applicable Laws.
16.4.3.8 FlyNamibia’ s liability for damages is limited to the maximum amount specified‚ except for the minimum sum mentioned in Clause 16.4.3.4 which applies to death cases.
16.4.3.9 FlyNamibia making a payment does not signify an acknowledgment or acceptance of liability in any way.
16.4.3.10 No payment will be made unless the person receiving payment provides FlyNamibia with a signed receipt that also acknowledges the applicability of Clause 16.4.3.7 and 16.4.3.8 and 16.4.3.9; and
16.4.3.11 FlyNamibia’ s decision regarding the payment amount will be deemed final‚ except where it conflicts with any applicable law and subject to the payment of the specified minimum sum.
16.5 ADVICE TO INTERNATIONAL PASSENGERS ON LIMITATION OF LIABILITY
16.5.1 Where the Passenger’s journey involves an ultimate destination or Stopover in a country other than the country of origin‚ the Passenger is advised that the Warsaw Convention or the Montreal Convention may be applicable to the entire journey‚ including any section entirely within the country of origin or destination.
16.5.2 Where the Montreal Convention is applicable‚ FlyNamibia is liable for proven damages for death or personal injury‚ and certain defences to liability specified by that Convention will be inapplicable for damages not exceeding the national currency equivalent of one hundred thousand (100‚000) SDRs.
16.5.3 Where the Montreal Convention is not applicable‚ the conditions of carriage of many Airlines provide that the liability for death or bodily injury will not be subject to any financial limit defined by the Warsaw Convention and that‚ in respect of such damage up to a maximum of the national currency equivalent of one hundred thousand (100‚000) SDRs‚ any defence to liability based on proof that they have taken all necessary measures will not apply.
Where no such provisions are included in FlyNamibia’ s conditions of carriage‚ please note that:
16.5.3.1 for such Passengers on a journey to‚ from or with an agreed Stopover in the United States of America (“USA”)‚ the Warsaw Convention and special contracts of carriage embodied in applicable Tariffs provide that the liability of certain Airlines‚ parties to such special contracts‚ for death of or personal injury to Passengers is limited in most cases to proven damages not to exceed seventy-five thousand (75‚000) United States Dollars per Passenger‚ and that this liability up to such limit will not depend on negligence on the part of FlyNamibia; and
16.5.3.2 for such Passengers travelling by an Airline not a party to such special contracts or on a journey to which the Warsaw Convention applies which is not to‚ from or having an agreed stopping place in the USA‚ the liability of FlyNamibia for death or personal injury to Passengers is limited in most cases to ten thousand (10‚000) United States Dollars or twenty thousand (20‚000) United States dollars; and
16.5.4 Additional protection can be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of FlyNamibia’ s liability under the Warsaw Convention or the Montreal Convention or such special contracts of carriage of the type mentioned above. For further information‚ please consult FlyNamibia or the insurance company representatives.
16.5.5 Please note that the limit of liability of seventy-five thousand (75‚000) United States Dollars specified in this Clause 16.5.3.1 is inclusive of legal fees and costs except that‚ in case of a claim brought in a state where a provision is made for separate award of legal fees and costs‚ the limit will be the sum of fifty-eight thousand (58‚000) United States Dollars exclusive of legal fees and costs.
16.5.6 The Passenger will have no right to compensation for any damage if an action is not brought within seven (7) days of the date of the Passengers arrival at the place of destination‚ or the date on which the aircraft was scheduled to arrive‚ or the date on which the carriage stopped.
