1.1 Meanings : In these Terms & Conditions, these particular expressions have the following meanings:
• “We”, “our”, “ourselves”, “us” and “carrier” means Orient Thai Airlines.
• “Passenger”, “you”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft with our consent.
• “Authorized Agent” means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
• “Baggage” or “baggage” means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage;
• “Baggage Check” means a document issued to Passenger by us as a receipt for Checked Baggage and which relate to the carriage of Checked Baggage and includes the Baggage Identification Tag.
• “Baggage Identification Tag” means a document issued by us solely for identification of Checked Baggage.
• “Checked Baggage” means baggage of which we take custody and for which we have issued a Baggage Identification Tag; it is also sometimes referred to as “registered baggage”.
• “Unchecked Baggage”, means any baggage other than Checked Baggage including all items brought by you into the aircraft cabin.
• “Conditions of Contract” means those statements contained in or delivered with the Itinerary, identified as such and which incorporate by reference, these Terms & Conditions and notices available at our offices and check-in counters.
• “Damage” includes death, bodily injury to a passenger, delay, loss, partial loss or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.
• “Electronic Coupon” means an electronic flight coupon or other value document held in our database.
• “Electronic Ticket” means the Itinerary issued by us or on our behalf, the Electronic Coupon and if applicable, a boarding document.
• “Flight Coupon” means that portion of the Ticket that bears the notation “good for passage” or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
• “Itinerary” means the document we issue to Passenger that includes the Passenger is name, flight information, Conditions of Contract and notices.
• “Sector” means the flight from the airport at the point of origin to the airport at the point of destination.
• “Seat” means a seat in our aircraft.
• “Tariff” means our fares and charges published electronically or on paper.
• “Terms & Conditions” means these Terms and Conditions of Carriage.
• “Website” means the internet site www.flyorientthai.com provided by us for the purpose of Passengers making online bookings and to access information about us.
1.2 Captions : The title or caption of each Article of these Terms & Conditions is for convenience only and is not to be used for interpretation of the text.
2.1 General : These Terms & Conditions apply to the carriage by air or by other means of transportation including surface transportation of Passengers and Baggage performed by us or on our behalf and to any liability we may have in relation to that carriage and transportation.
2.2 Terms & Conditions Prevail : Except as provided in these Terms & Conditions, in the event of inconsistency between these Terms & Conditions and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail.
2.3 Language : The language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other languages, English shall be the sole language used in the interpretation of these Terms & Conditions
Tickets / Itinerary
3.1 Prima Facie Evidence Of Contract : The Itinerary is prima facie evidence of the contract for carriage between passenger and us. The Itinerary, these Terms & Conditions and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us.
3.2 Transferability : The contract for carriage is only transferable as provided in these Terms & Conditions and our Conditions of Contract.
3.3 Validity :The Itinerary is only valid for the Passenger named and the flight specified therein.
3.4 Identity : Orient Thai Airlines will be available only to the Passenger named in the Itinerary confirmation. Or electronic ticket only. You must show your ID card. (For domestic travel) and a passport valid for no less than six (6) months (for travel abroad) upon checking (check-in).
4.1 General : Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. We shall not be liable to you for your failure to meet any connecting flights.
4.2 Infants : Passengers may travel with their newborn infant, who is at least 9 days old to 2 years old. An infant fare will be applied, and the infant will not be assigned a seat.
4.3 Taxes and Insurance Charges : Any tax, fee or charge imposed by the Government or other authority or by the operator of an airport in respect of your use of any services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such taxes, fees and charges imposed on air travel may change from time to time and can be imposed even after the date that your booking has been confirmed. You shall nevertheless bear such tax, fee or charge as and when they fall due prior to departure.
4.4 Currency : Fares and charges are payable in the currency prescribed with our published fares unless otherwise pecifically stated by us.
4.5 Accuracy : All fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise any fares and flight schedules at any time and from time to time without prior notice.
4.6 Applicable Fares : Applicable fares are those published by us or on our behalf, whether electronically or by way of other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated by us.
Booking of Seats
5.1 Confirmation of Booking : The booking of a Seat is confirmed after full payment of the fare is made and after we issue you a booking number and/or the Itinerary. Once confirmed, the booking cannot be cancelled and payments made are not refundable. If insisting on changing itinerary is subject to penalty charge which state on the restriction box of ticket,
5.2 Group Bookings : Bookings for more than 9 passengers must be made via our call center at 1126. We apologize that in the case of group bookings, online booking is not applicable.
5.3 Flight Change : Flight changes can be made via our call center at 1126 and ticket counters. Please note that flight changes are subject to the applicable fee and fare differences.
( a ) In case the passenger back seat without a ticket. You can change the data in all cases. Without charge. (Except for the reservation through the web site, which is confirmed and payment is automatically).
( b ) Passengers can change flights. And or dates within the lifetime of a ticket (ticket valid for 30 days from the date of the first trip. By age or tickets) by 500 per meeting fee per flight if changes to the flight. Or day trips with travel costs higher. Passengers must pay the difference. Overall, the changes to the fee under the terms of the ticket itself. And the age of the ticket. You will be notified before the change at least 24 hours prior to departure and prior to 18:00 am each day.
( c ) The Company reserves the right to make changes to passenger routes in all cases.
5.4 Promotional Fares : Promotional fares are not applicable for flight change.
5.5 Name Change : Orient Thai Airlines does not allow passenger to change the passenger name.
5.6 Payment : Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/or to disallow you to board the aircraft.
5.7 Personal Data : You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above.
5.8 Seating : Passengers may select the seat upon check-in at the check-in counter. Passengers may also select the seat prior check-in at www.flyorientthai.com (for Domestic flights only) minimun 24 hours prior departure time. Orient Thai Airlines reserves the right to modify the seat in the event of a change of the aircraft.
Check-in and Other Requirements of Carriage
6.1 Check-In, Deadlines and Conditions : Check-in counters open two (2) hours before the scheduled flight departure time (For all domestic routes), open three (3) hours before the scheduled flight departure time (For all international routes). The counters close forty (40) minutes before the scheduled flight departure time. Check-in deadlines may vary at different airports and for particular flights. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check in without any liability to you and without having to refund to you any fare paid:
( a ) if you cannot check in forty (40) minutes before the scheduled departure time of your flight;
( b ) if you fail to have proper identification or fail to identify yourself to our staff;
( c ) if you fail to have the proper documents, permits, visa, necessary for travel to a particular place or country;
( d ) if you have not fully paid any fare or other fees or charges due to us;
( e ) if you have been violent to our staff or caused disturbance at our counter or have abused our staff whether physically or verbally;
( f ) if the Government or other authorities prohibits your checking in or boarding the aircraft;
( g ) if in our judgment, you are not fit to travel due to drunkenness or any obvious adverse medical condition; and/or
( h ) if in our judgment, you are not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other passengers.
6.2 Boarding : You must be at the boarding gate at least forty (40) minutes before the scheduled departure time.
6.3 No-show : If you fail to check in on time or fail to board the aircraft by the time the aircraft departs, the fare you paid will not be refunded to you for any reason whatsoever.
6.4 Compliance : You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms & Conditions, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.
6.5 Travel Documents : You are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, For domestic routes. Including the identification card. Card holder. The government issued ID card with your photo attached. For international routes. Must have a passport valid for no less than six (6) months visa documents about health and other documents, e. required by law, regulations, order, demands or requirements of the countries flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.
6.6 Refusal of Entry : You agree to pay the applicable fare and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund the fare to you.
6.7 Passenger Responsible for Fines, Detention Costs, etc. : If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.
6.8 Security Inspections : You shall submit to any security or health checks by Government or airport officials or by us.
Refusal and Limitation of Carriage
7.1 Right to refuse carriage : We may refuse carriage of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:
( a ) such action is necessary for reasons of safety or security;
( b ) such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over;
( c ) your conduct, status, age or mental or physical condition or the physical condition of your baggage is such as to (i) require special assistance or (ii) cause harm, discomfort or make yourself objectionable to other passengers or our crew or (iii) involve any hazard or risk to yourself or other persons or to property;
( d ) you have committed misconduct on a previous flight and such conduct may be repeated;
( e ) you have not observed, or are likely to fail to observe, our instructions;
( f ) you have refused to submit to a security check;
( g ) the applicable fare or any charges or taxes payable have not been paid;
( h ) the payment of your fare is fraudulent;
( i ) you do not have the proper documents for travel;
( j ) the booking of our Seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by us;
( k ) the credit card by which you paid for the fare has been reported lost or stolen;
( l ) the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;
( m ) the Itinerary has been altered by anyone other than us or our authorized agent, or has been mutilated (in which case we reserve the right to retain such documentation); and/or
( n ) the person checking in or boarding cannot prove that he is the person named as the passenger on the Itinerary (we reserve the right to retain such Itinerary in this circumstance).
7.2 Unaccompanied Child : Children below age 12 intend to travel alone will not be accepted for carriage unless parent or guidance of children signs a UM form for acknowledgement.
7.3 Special Assistance : Acceptance for carriage of incapacitated persons, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of booking of the Seat and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements. We may charge a fee for providing these special requirements.
7.4 Pregnant Passengers : It is the duty of pregnant passengers to advise us of the progress of their pregnancy at the point of booking of Seat. Our carriage of pregnant passengers is subject to the following conditions:
( a ) Gestational age less than 27 weeks (with implants) allowed to travel without a medical certificate.
( b ) Gestational age between 28 weeks to 32 weeks, passengers must provide medical certificate certified to travel by plane.
( c ) Gestational age from 32 weeks. Airlines refuse service.
7.5 Infants less than 8 days-old : We reserve the right not to carry infants less than eight (8) days-old. We may in our absolute discretion decide to carry such infants on our flights when such carriage is expressly sanctioned in writing by a medical practitioner and when the parent of the infant signs a limited liability statement.
8.1 Items Unacceptable as Baggage or to be Carried Inside Baggage : We reserve the right to refuse carriage of such baggage or such items found in baggage as follows:
( a ) Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
( b ) Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms & Conditions and Conditions of Contract.
( c ) Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over;
( d ) Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
( e ) Fragile or perishable items;
( f ) Live or dead animals;
( g ) Human or animal remains;
( h ) Fresh or frozen seafood or other meats provided that such items may be carried on board as hand luggage only if we are satisfied that they have been properly packed. Strictly only styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. Should passengers refuse inspection, we have the right to reject admission of luggage;
( i ) Firearms and ammunition;
( j ) Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium) corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches).
( k ) Weapons such as antique firearms, swords, knives and similar items provided that such items may be allowed as checked baggage at our absolute discretion for very special reasons. These cannot be carried into the aircraft for any reason whatsoever.
8.2 Valuable and Fragile Goods : Passengers are strongly advised not to check in such items as baggage. If they are checked in as baggage, passengers agree they send for carriage such items at their own risk. Such items include money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like.
8.3 Right to Search : For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your baggage. We reserve the right to search your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. If you refuse to comply with such searches or scans we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our fault or negligence.
8.4 Checked Baggage : Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. Checked Baggage will be carried on the same aircraft as you unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver same to you within a reasonable time of arrival of that flight unless applicable law requires you to be present for customs clearance.
8.5 Free Baggage Allowance : You may transport free of charge checked Baggage up to a maximum weight of 15 kg subject to the conditions and limitations contained in our Terms & Conditions.
8.6 Excess Checked Baggage : All excess baggage must be assessed and charged before the passenger boards the aircraft. Baggage checked in addition to the traveler’s baggage allowance. Checked baggage allowance may vary depending on cabin, status level, military status, itinerary and date of purchase. Excess Baggage Charge rate, applicable to a checked portion of travel on purely Orient Thai Airlines Domestic sectors, are in Weight Concept on a fixed rate at 200 baht per kg.
8.7 Unchecked Baggage : Only one (1) piece of baggage is allowed to be carried on board provided that it does not exceed the dimensions and provided that it does not weigh more than 7 kg. Such baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board.
8.8 Collection and Delivery of Baggage : You shall collect your Baggage as soon as it is available for collection at places of destination. If you do not collect it within a reasonable time and the baggage needs to be stored at our premises, we may charge a storage fee. If Checked Baggage is not claimed within three (3) months of the time it was made available to you, we may dispose of it without any liability to you. Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked is entitled to delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he has established to our satisfaction his right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us.
8.9 Lost Baggage : Passengers with baggage loss please contact our staff immediately. In case the lost baggage could not be recovered, the Airlines will compensate the loss at the rate of 100 baht per kg of lost checked baggage but not over than THB 2,000 per piece of baggage, regardless the value of lost items. Claims can be made by completing the “Claim Form” available at the Airport handling agent or Airport Ticketing Counter. The final settlement amount to be deducted by the interim payment the passenger had received.
8.10 Damaged Baggage : In the course of normal baggage handling, your luggage will acquire evidence of normal wear and tear. Therefore, we regret that Orient Thai Airlines cannot accept liability to the following damages, which are beyond our control:
Scratches or Scuffs / Minor dents / Minor cuts / Soil / Pull or Security straps / Handle or Extending handles / Baggage wheels / Concealed damage / Oversized or Over packed bag / Baggage with Limited Release Tag
We are also not liable for damage to fragile, perishable or valuable articles, such as money, watch, jewelry, silverware, negotiable papers, securities, business samples, identification documents and electronic equipment, such as camera, mobile phone, walkman and portable computer, etc. Articles of this nature should be carried by passenger personally.
We are liable only for d amage occurring on our negligence, or baggage is totally loss . With respect to claims for d amage to your Checked Baggage which are subject to our determination. Claims can be made by completing the โ€ property irregularities reportโ€ available at the Airport handling agent .
Note: Any action for lost baggage, damage and delay of baggage will be barred unless the person reports us on the date of arrival.
8.11 Baggage Delay : We are liable only for baggage delayed occurring on our negligence only. With respect to claims for baggage delayed to your Checked Baggage which are subject to our determination. Claims can be made by completing the โ€property irregularities reportโ€ available at the Airport handling agent.
9.1 Schedules : We will use our best efforts to avoid delay in carrying you and your baggage. We will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss incurred by passengers as a result of such change.
9.2 Cancellation, Changes of Schedules : At any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such flight cancellation, we shall at our option, either:
( a ) carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your booking; or
( b ) should you choose to travel at another time, retain the value of your fare in a credit account for your future travel provided that you must re-book within one(1) month therefore; or
( c ) make a refund to you in accordance with these Terms & Conditions.
9.3 Sole remedies : Upon the occurrence of any of the events set out in Article 9.2, the options outlined in Article 9.2 (a) to (c) are the sole and exclusive remedies available to you and we shall have no further liability to you.
9. 4 Denied Boarding Compensation : If we are unable to provide previously confirmed space, we shall provide the first available flight even on other airlines to those passengers denied boarding. However NO other compensation will be provided by us.
Refunds and Lost Ticket
10.1 Refund Process : Requests for refunds must be made in writing and accompanied by the original Itinerary and/or booking number, proof of payment and identification. Refund process is subject to restriction of ticket.
10.2 Right to Refuse Refund :
• We may refuse a refund where application is made after the expiry of the validity of the Ticket.
• We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport.
• We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket
By Whom Ticket Refundable
• Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its agent if so authorized.
Conduct Aboard Aircraft
11.1 If in our reasonable opinion you conduct yourself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew including but not limited to those with respect to smoking, alcohol, use of cellular telephones, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.
11.2 If as a result of your conduct we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.
11.3 For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
12.1 Warsaw, Montreal Convention Notice : If the passenger is journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention 1999 may be applicable and the Warsaw Convention or the Montreal Convention 1999 governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.
12.2 Notice of Baggage Liability Limitations : Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel vary according to the respective law.
12.3 Where Warsaw Convention is not applicable : Where your carriage is not subject to the liability rules of the Warsaw Convention, the following rules shall apply:
( a ) Any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
( b ) We will not be liable for Damage to Checked or Unchecked Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody.
( c ) Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to THB 500 per baggage regardless the weight of baggage. If in the case of Checked Baggage, a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.
( d ) We will not be liable for any Damage arising from our compliance with applicable laws or Government rules and regulations or from your failure to comply with the same.
( e ) Except where other specific provision is made in these Terms & Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law.
( f ) We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, include our property.
( g ) We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Unchecked Baggage including but not limited to fragile or perishable items, items having a special value, such as money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples.
( h ) We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition.
( i ) The contract of carriage including these Terms & Conditions and exclusions or limits of liability, applies to our authorized agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorized agents, servants, employees and representatives shall not exceed the amount of our own liability if any.
( j ) Nothing in these Terms & Conditions of the Conditions of Contract shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable laws unless otherwise expressly stated by us.
Time Limitation on Claims and Actions
13.1 Notice of Claims : Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) days from the date the Baggage has been placed at your disposal. Every such notification must be in writing and posted or delivered to us within the above periods.
13.2 Limitation of actions : Any right to damages shall be extinguished if an action is not brought against us within two (2) years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by law of the court where the case is heard.
14.1 None of our agents, employees nor representatives has authority to alter, modify or waive any provisions of these Terms & Conditions.
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