Conditions of Carriage - CLAUSE 11 - 16

CLAUSE 11

R E F U N D S

11.1

GENERAL

11.1.1

FlyNamibia  tickets issued on Fly Namibia  ticket stock range. The monies paid for  tickets lies with Airlink. In the event of a refund (where applicable as per the fare rule) on 4Z8/WV ticket stock is processed and  settled by Airlink)

Refund requests to be submitted to info@flynamibia.com.na see Clause 11.1.7

The standard AIRLINK Refund administration fee of NAD287.50 will be charged.

11.1.2

FlyNamibia WV tickets issued on ticket stock range beginning with 327 shall in the event of a refund (where applicable as per the fare rule) be processed and settled directly by FlyNamibia.

Refund requests to be submitted to refunds@flynamibia.com.na see Clause 11.1.7.

The standard FlyNamibia Refund administration fee of NAD440.00 plus 15% VAT will be charged. Refer to Annex. A of the FlyNamibia Refund Policy for the respective market related refund administration fees.

https://www.flynamibia.com.na/important-info/refund-policy

11.1.3

If a refund is due to the Passenger‚ the Airline 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 the Airline 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 twenty-four (24) months from date of original issue. Travel documents that are older than (24) months will not  be refunded.

11.1.6

All online refund requests made to the airline 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 RSA 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 plus 15% VAT 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 WV 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 the Airline:

• Cancels a flight‚
  • Fail to operate a flight reasonably according to schedule excluding Force Majeure events listed under Definitions in Clause 1.‚
    • 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‚
    • The Passenger has not been refused carriage for reasons permitted by these Conditions of Carriage.
• Fails to stop at the Passenger’s destination or Stopover‚ or
  • 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

The Airline will pay the Passenger a refund in terms of Clause 11.2.1 if the Airline refuses the Passenger carriage for any of the reasons set out in this Clause.

Please see Clause 8.2 (Reimbursement of Costs) which permits the Airline to use the value of any unused carriage on the Passenger’s Ticket to reimburse costs payable by the Passenger to the Airline.

11.2.3

The Airline will pay the Passenger a refund in terms of Clause 11.2.1 if the Airline 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‚ the Airline will have no liability to the Passenger for any loss or expense whatsoever. See Clause 11.4 (Right to Refuse Refunds) which reserves the Airline’s right to use the value of any unused carriage on the Passenger’s Ticket to reimburse costs payable by the Passenger to the Airline 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 WV 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 plus 15% VAT will be charged. Refer to Annex. A of the FlyNamibia Refund Policy for the respective market related refund administration fees.

11.4

RIGHT TO REFUSE REFUND

11.4.1

The Airline 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

The Airline 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

The Airline 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

The Airline will pay a voluntary refund on a Ticket only if the Airline 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 a 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.

CLAUSE 12

C O N D U C T A B O A R D A I R C R A F T

12.1

GENERAL

At all times during the Passenger’s carriage‚ the Passenger has a duty to behave in a manner that is not likely to:

12.1.1

contravene the Laws of any country and/or state which has jurisdiction over the aircraft;

12.1.2

endanger‚ threaten (whether by hoax threats or otherwise)‚ injure or prejudice any person or property or create the risk or threat of injury or damage to health;

12.1.3

cause distress to‚ or be complained of as materially objectionable to‚ other persons aboard the aircraft‚ such conduct includes but is not limited to harassment‚ molestation‚ sexual assault‚ physical or verbal abuse;

12.1.4

cause‚ or be likely to cause‚ loss of or damage to the Airline’s property or that of other persons aboard the aircraft;

12.1.5

obstruct‚ hinder or interfere with the crew in the performance of their duties;

12.1.6

contravene any instruction or direction of the crew or the Airline (whether oral or by written notice) lawfully issued for the purpose of the safety or security of the aircraft and of persons or property and/or the comfort or convenience of Passengers‚ including but not limited to instructions concerning safety‚ security‚ seating‚ seat belts‚ smoking‚ consumption of alcohol or use of drugs‚ use of electronic equipment including‚ but not limited to‚ cellular telephones‚ laptop computers‚ PDAs‚ portable recorders‚ portable radios‚ compact disks‚ DVD and MP3 players‚ electronic games or transmitting devices (for example‚ radio controlled toys and two-way radios).

12.2

ON BOARD ALCOHOL

The Passenger is not allowed to consume alcohol aboard an aircraft (whether purchased as duty-free from the Airline or someone else or otherwise obtained) unless it has been served by the Airline. The Airline has the right‚ at any time for any reason‚ to refuse to serve alcohol or to withdraw alcohol that has been served to any Passenger in the interest of safety and the comfort of our 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

No Passenger or crew may pack electronic cigarettes (e-cigarettes) or other battery-operated electronic smoking devices (Vape‚ Twisp or similar) in the Checked Baggage. They are only permitted in Cabin baggage and not permitted to recharge or use the device while in the aircraft.

12.3.3

In the event the cabin baggage is removed and placed as SkyCheck baggage‚ Passengers shall remove all Lithium-Ion batteries from the cabin baggage and carry this into the cabin of the aircraft.

12.3.4

No Passenger or crew may carry on his or her person or pack any drugs as defined in the Drugs and Drug Trafficking Act 140 of 1992 in the Checked Baggage and may only carry such items on his or her person or pack such items in Unchecked Baggage‚ if the use and possession of such drugs have been acquired from a medical practitioner‚ dentist‚ veterinarian (Medical Practitioner) or pharmacist acting on the oral instruction or written prescription of a Medical Practitioner or have otherwise been acquired in a lawful manner and as permitted in terms of applicable Laws (Permitted Drugs).

All Permitted Drugs must be kept in your hand luggage and you must have a medical letter on hand authorising you to use and possess the Permitted Drugs. Due to the public nature of airline travel and that of the business operations of the Airline‚ if you do not have the required medical authorisation to use and possess the Permitted Drugs‚ you will be prohibited from carrying such items on your person or from placing such items in Unchecked Baggage or Checked Baggage.

12.4

BREACH OF DUTY

12.4.1

If the Airline reasonably believes that the Passenger has failed to fully observe all of the duties placed on the Passenger by Clause 12.1‚ Clause 12.2 and Clause 12.3 then:-

The Airline reserves the right to report the matter to any relevant police or other enforcement authority; and

12.4.2

The Airline reserves the right to take such measures as the Airline considers necessary to prevent the continuation or repetition of the offending conduct including but not limited to physical restraint and/or removal of the Passenger from the aircraft and/or refusal to carry the Passenger after a Stopover (whether made for the purpose of removing the Passenger from the aircraft or otherwise); and

12.4.3

The Airline reserves the right to refuse to carry the Passenger at any time in the future; and

12.4.4

The Passenger will reimburse the Airline for any costs the Airline incurs in order 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.

The Airline 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 the Airline from the Passenger in regards to this Clause.

CLAUSE 13

S E R V I C E S P R O V I D E D B Y T H I R D P A R T I E S

13.1

If the Airline arranges for another company to provide the Passenger with surface carriage or other services (for example‚ ground transfer‚ hotel reservation or accommodation or car rental) or if the Airline issues the Passenger with a Ticket or voucher relating to any such surface carriage or other services for the Passenger’s convenience‚ the Airline is acting only as the Passengers agent in making those arrangements or issuing the Ticket or voucher. The terms and conditions of the companies providing those services will apply to the Passenger and the Airline does not guarantee the quality and/or safety of such service on those companies’ behalf.

13.2

The Airline will have no liability to the Passenger regarding any surface carriage or other services the Airline 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 the Airline’s gross negligence.

The Passenger will have the right to refuse the use of such third-party services and the Airline will not accept any liability as a result of the Passenger’s decision to do so.

CLAUSE 14

TRAVEL DOCUMENTS‚ CUSTOMS and SECURITY INSPECTIONS

14.1

GENERAL

14.1.1

The Passenger is responsible for obtaining and holding all of 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 obligated by the Department of Home Affairs to ensure passengers are properly documented and the airline document check is normally limited to a visual examination to identify possible fraud and to ensure that a visa or other travel entitlement is present and valid in the passport if required. To assist FlyNamibia‚ we make use of the IATA software solution‚ Timatic‚ which provides travel documentation advice to airlines.

The final decision lies solely with immigration at the country of departure and FlyNamibia reserves the right to refuse carriage if passengers do not comply with these requirements or if the travel documents do not appear in order. FlyNamibia will not be liable if‚ in good faith‚ we are of the opinion that in our view decisive regulations do not allow your carriage‚ which we therefore refuse. Furthermore‚ FlyNamibia will not be liable for damages that arise from non-compliance with formalities if passengers were accepted for carriage despite their non-compliance.

Passengers can check their own travel status in the IATA travel centre directly:

https://www.iatatravelcentre.com/passport-visa-health-travel-document- requirements.htm

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‚ the Airline 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 the Airline’s request at any time before or during carriage‚ the Passenger is obliged to:

1. present all Passports‚ Visas‚ Health Certificates‚ and other Travel Documents needed for the journey.
2. permit the Airline 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

The Airline 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

The Airline 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

The Airline has the right to refuse carriage to the Passenger even if the Passenger has started or completed part of the carriage before the Airline 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 the Passenger is refused entry to a country (including a country the Passenger transits through while en route to the destination)‚ the Passenger will be obliged to reimburse the Airline in full on request for any fine‚ penalty or charge assessed against the Airline by the government concerned (including detention costs) as well as the fare for transporting the Passenger and an escort if required‚ from that country.

The Airline will not refund to the Passenger the fare paid for carriage to the airport where the Passenger was refused entry.

14.3

PASSENGER RESPONSIBILITY FOR FINES‚ DETENTION COSTS AND OTHER CHARGES

At the Airline’s request‚ the Passenger will be obliged to reimburse the Airline in full for the amount of any fine‚ penalty‚ detention costs‚ deportation or removal expenses‚ escorting charges (if any)‚ cost of Ticket(s) issued for the Passenger‚ or any other expenditure the Airline incurs because the Passenger has failed to comply with any Laws‚ regulations‚ orders or other travel requirements of the country the Passenger has travelled to or because the Passenger has failed to produce the required travel documents on seeking entry to a country or the Passenger has been refused admission into the country.

The Airline reserves the right to use the value of any unused carriage on the Ticket or any of the funds in its possession to pay sums due to the Airline from the Passenger in terms of this Clause.

14.4

RETURN OF CONFISCATED TRAVEL DOCUMENTS

The Airline 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. The Airline will not be liable to the Passenger for damage suffered by the Passenger during such inspection or as a result of the Passenger’s failure to attend such inspection.

14.6

SECURITY INSPECTION

The Passenger shall be obliged to allow all such security checks‚ searches‚ and scans of your person by the Airline‚ the Airline’s handling agents‚ government officials‚ airport officials‚ police or military officials and other Airlines involved in their carriage.

If the Passenger does not allow all such security checks‚ searches‚ and scans to be conducted‚ the Airline will refuse to carry the Passenger and the Passenger’s Baggage and the applicable fare rules of the Ticket will apply. See Clause 10.10 (Right to Search‚ Screen and X-ray) for security checks on Baggage.

CLAUSE 15

S U C C E S S I V E A I R LI N E S

Where the Passenger’s carriage is to be performed by the Airline and other Airlines in succession under one Ticket‚ or a conjunction Ticket‚ it is likely to be regarded as a single operation for the purposes of the Warsaw Convention and the Montreal Convention. See Clause 16.2 (Scope of Liability) for limitations of the Airline’s liability for such carriage.

CLAUSE 16

LI A B I L I T Y F O R D A M A G E

16.1

GENERAL

The Airline’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 the Airline’s liability are set out in Clause 16.2 to 16.6.

16.2

SCOPE OF LIABILITY

The Airline will be liable only for damage occurring during carriage performed by the Airline‚ or in relation to which the Airline has a legal liability to the Passenger. Where the Airline issues a Ticket for carriage by another Airline‚ or the Airline checks in the Passenger’s Baggage for carriage by another Airline‚ the Airline does so only as an agent for that Airline.

16.3

GENERAL LIMITATION

16.3.1

Wherever the Warsaw Convention or the Montreal Convention applies to the Passenger’s carriage‚ our liability will be subject to the rules and limitations of the applicable Convention.

16.3.2

The Airline will be wholly or partly exonerated from liability to the Passenger for damage if the Airline proves that the damage was caused or contributed to by the Passenger’s negligence or other wrongful acts or omissions.

16.3.3

The Airline will not be liable for any damage arising from its compliance with applicable local Law or government rules and regulations or from the Passenger’s failure to comply with the same‚ except as may be provided by the Warsaw Convention or the Montreal Convention.

16.3.5

Except where the Airline provides otherwise in this Conditions of Carriage‚ the Airline may be liable to the Passenger only for compensatory damages that the Passenger is entitled to recover for proven losses and costs under the Warsaw Convention or the Montreal Convention or applicable local Laws which may apply.

16.3.6

The Passenger’s contract of carriage with the Airline (including this Conditions of Carriage and all applicable exclusions and limits of liability) applies for the benefit of its Authorised Agents‚ servants‚ employees and representatives to the same extent as they apply to the Airline.

16.3.7

Nothing in these Conditions of Carriage:

gives up or waives any exclusion or limitation of the Airline’s liability in

16.3.7.1

terms of the Warsaw Convention‚ the Montreal Convention or applicable local Law‚ whichever may be applicable‚ unless otherwise expressly stated in writing by the Airline; or

16.3.7.2

prevents the Airline from excluding or limiting its liability under the Warsaw Convention‚ or the Montreal Convention‚ whichever may be applicable‚ or under any other Laws which may apply‚ or gives up any defence available to the Airline there under against any public social security body or any person liable to pay‚ or who has paid‚ compensation for the death‚ wounding or other bodily injury of a Passenger.

16.4

DEATH OR INJURY OF PASSENGERS

Our liability for damage sustained by the Passenger‚ in the event of death‚ wounding‚ injury or other bodily injury caused by an accident is subject to the rules and limitations of applicable Law as the following supplementary rules:

16.4.1

The Airline’s liability for proven damages will not be subject to any financial limits as defined by the Warsaw Convention or otherwise;

16.4.2

For any proven damages up to the national currency equivalent of one hundred thousand (100‚000) SDRs. Any defence based on proof that the Airline and its agents have taken all necessary measures to avoid the damage‚ or that it was impossible for such measures to have been taken‚ will not apply to the Airline;

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 as a result 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

no person will be entitled to receive a payment if he or she or the Passenger to whom the payment relates‚ caused or contributed to the damage to which the payment relates by his or her negligence;

16.4.3.7

payments will be off-set against any subsequent sums payable in respect of the Airline’s liability under the applicable Laws;

16.4.3.8

except for payment of the minimum sum specified in Clause 16.4.3.4 in respect of death‚ a payment will not exceed the maximum damages for which the Airline may be liable;

16.4.3.9

the making of a payment will not constitute recognition or admission of liability by the Airline in any way whatsoever;

16.4.3.10

no payment will be made unless the person receiving payment provides the Airline 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

save to the extent in conflict with any applicable Law‚ and subject to payment of the minimum sum specified; the Airline’s decision in relation to the payment amount will be final.

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‚ the Airline 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 the Airline’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 the Airline; 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 the Airline 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 the Airline’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 the Airline or the insurance company representatives.