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Terms & Conditions
CONDITIONS OF CARRIAGE FOR PASSENGERS AND BAGGAGE
Published 20th May, 2012
The conditions apply to all transportation provided by East Horizon Airlines points operated inside Afghanistan and/or its International Destinations.
This document states the terms upon which East Horizon Airlines offers to transport Passenger on any itinerary, Segment, Leg, where East Horizon Airlines is mentioned as a carrier of carriage and Passengers are entering East Horizon Airlines portion of flight. By purchasing a ticket for this carriage on East Horizon Airlines, or by using a ticket purchased for Passenger by someone else, Passengers agree to be bound by these terms.
THE PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
“East Horizon Airlines” means EA.
“Passenger (s) ” means ticket holder of EA.
“Airline Designator Code” means the two or three letters which identify individual airlines in Tickets, timetables, reservation systems and elsewhere.
“Article” means an article of these Conditions of Carriage.
“Authorized Agent” means a passenger sales agent (which can include another airline) EA has appointed to represent EA in the sale of carriage on EA services.
“Baggage” means Passenger personal property accompanying Passenger during Passenger carriage. Unless EA say otherwise, this consists of Passenger Checked Baggage and Unchecked Baggage.
“Baggage Check” means those parts of Passenger Ticket which relate to the carriage of Passenger Checked Baggage.
“Baggage Identification Tag” means a document given to Passenger by EA to identify Passenger Checked Baggage.
“Banker’s Selling Rate” means the rate at which, for the purpose of the transfer of funds
through banking channels (i.e. other than transactions in bank notes, travelers cheques and
similar banking instruments), a bank will sell a given amount of foreign currency in exchange for one unit (or units) of national currency of the country in which the exchange transaction takes place.
“Checked Baggage” means Baggage EA take into EA custody for carriage in the hold of an aircraft for which EA has issued a Baggage Check or a Baggage Identification Tag or both.
“Check-in Deadline” means the time limit EA has set Passenger for completing the process of checking-in and receiving a boarding pass.
“Conditions of Carriage” means these conditions of carriage.
“Conjunction Ticket” means a Ticket issued by EA or its Authorized Agent in conjunction with another Ticket which together constitute a single contract of carriage.
“Coupon” means a paper document marked “Flight Coupon” or “Passenger Coupon” issued by EA or its Authorized Agent as part of Passenger Ticket.
“Damage” means death or wounding of a Passenger, or any other bodily injury suffered by a
Passenger, caused by an accident on board an aircraft or during any of the operations of
embarking or disembarking. It also means damage sustained in the event of the destruction or
the total or partial loss of or damage to Baggage which occurs during carriage by air.
Additionally, it means damage occasioned by delay in the carriage by air of Passengers or
“Day” means any of the seven days of the week. For the purpose of calculating whether Passenger have complied with a notice requirement, EA will not count the day on which a notice is sent. For the purpose of determining whether a Ticket is valid, EA will not count the day on which the Ticket was issued or the day the first flight began.
“Electronic Ticket” means the electronic entries within EA reservations database recording the carriage Passengers have booked for which EA or its Authorized Agent have issued an e-Ticket Receipt/Itinerary.
“e-Ticket Receipt/Itinerary” means a receipt marked as such or marked “Passenger
Receipt/Itinerary” or “Itinerary/Receipt” issued by EA or its Authorized Agent and delivered to Passenger by email, by fax, by hand, by mail, or by courier.
“Flight Coupon” means a paper document, marked as such, issued by EA or its Authorized Agent as part of Passenger Ticket showing the places of departure and destination between which Passengers are entitled to be carried or, alternatively, an electronic entry within EA reservations database recording Passenger booking for carriage on a particular flight.
“Force Majeure” means unusual and unforeseen circumstances which Passenger cannot control and the consequences of which cannot be avoided by Passenger taking reasonable care.
“IATA” means the International Air Transport Association.
“ICAO” means the International Civil Aviation Organization.
“Immediate Family” means Passenger spouse, Passenger children (including adopted children), Passenger parents, Passenger brothers and sisters, Passenger grandparents, Passenger grandchildren, Passenger parents-in-law, Passenger brothers and sisters-in-law and Passenger sons and daughters-in-law.
“Montreal Convention” means The Montreal Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, 28 May 1999.
“National Currency Equivalent” means the equivalent value of the local currency of the country in which the compensation is to be paid or in which judgment is to be made.
“Passenger” means any person (whether adult, child or infant) entitled by a Ticket to be carried in an aircraft.
“Passenger Coupon” and “Passenger Receipt” mean a document marked as such issued by EA or its Authorized Agent as part of Passenger Ticket.
“Regulations” means the rules EA has for certain aspects of carriage of Passengers and their Baggage which are described or referred to in more detail in Article 15.
“SDR” means Special Drawing Right, the composite unit of currency that is a basket of currencies comprising the Euro, Japanese Yen, Pound Sterling and US Dollar and which is used as the official unit of exchange of the International Monetary Fund.
“Stopover” means any place set out in Passenger Ticket or shown in EA timetables as a scheduled stop (regardless of duration) between the first place of departure and the last place of destination in Passenger Ticket.
“Tariff” means fares for carriage, charges and related Conditions of Carriage and Ticket restrictions (whether published or otherwise available) filed, where required, with a relevant governmental authority.
“Ticket” means a contract of carriage between passenger and the airline.
“Unchecked Baggage” means Passenger Baggage, other than Passenger Checked Baggage, which is carried by Passenger aboard the aircraft.
“Warsaw Convention” means any of the following international instruments of law which apply to Passenger carriage:
- The Convention for the Unification of Certain Rules Relating to International Carriage by
- Air, signed at Warsaw, 12 October 1929;
- The Warsaw Convention as amended at The Hague on 28 September 1955;
- The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
- The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of
- Montreal (1975);
- The Warsaw Convention as amended at The Hague and as amended by Additional Protocol No. 4 of Montreal (1975);
- The Guadalajara Supplementary Convention (1961).
ARTICLE 1 – TICKETS
- Period of validity
- Non-use of Ticket
- Sequence of Flight Coupon use
- Replacement of Ticket
- EA name address on Tickets
ARTICLE 2 – FARES, TAXES, FEES, CHARGES AND EXCEPTIONAL
- Taxes, Fees and Charges
- Surcharges in exceptional circumstances
ARTICLE 3 – RESERVATION
- Reservation requirements
- Fare payment requirement
- Personal data
- Reconfirmation of reservation
- Cancelation of onward reservation
ARTICLE 4 – CHECK-IN AND BOARDING
ARTICLE 5 – REFUSAL AND LIMITATION OF CARRIAGE
- EA right to refuse carriage
- Reimbursement of cost
- Carriage of pregnant passengers and new children
- Passenger reimbursement of medical expenses
- Carriage of unaccompanied children
- On board services
- Ground services
ARTICLE 6 – BAGGAGE
- Free baggage allowance
- Excess baggage
- Items Passenger must not carry in Passenger baggage
- Firearms and dangerous items
- Right to refuse carriage
- Right of search, screen and x-ray
- Checked baggage
- Unchecked baggage
- Collection and delivery of checked baggage
ARTICLE 7 – SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS,
- Remedies for cancelation, rerouting and delays
- Denied boarding
ARTICLE 8 – REFUNDS
- Involuntary refunds
- Voluntary refunds
- Refund on lost Ticket
- Right to refuse refund
- By whom ticket refundable
- Limitation of Passenger rights
ARTICLE 9 – CONDUCT ABOARD AIRCRAFT
- On board alcohol
- Smoking policy
- Breach of duty
ARTICLE 10 – SERVICES PROVIDED BY THIRD PARTY
ARTICLE 11 – TRAVEL DOCUMENTS, CUSTOMS AND SECURITY INSPECTIONS
- Refusal of entry
- Passenger responsible for fines, detention costs and charges
- Return of confiscated travel documents
- Customs inspection
- Security inspection
ARTICLE 12 – SUCCESSIVE AIRLINES
ARTICLE 13 – LIABILITY FOR DAMAGE
- Applicable rules
- Scope of liability
- General limitation
- Dead or injury of passengers
- Delay in the carriage of passengers
ARTICLE 14 – TIME LIMITS FOR BAGGAGE CLAIMS, PROCESSING OF
BAGGAGE CLAIMS, AND TIME LIMITS FOR ALL ACTIONS
- Time limit for baggage claim
- Processing of baggage claims
- Time limit for baggage damages payments
ARTICLE 15 – EA REGULATIONS
ARTICLE 16 – INTERPRETATION
ARTICLE 1— TICKETS
1.1.1 EA will provide carriage only to persons who possess a valid EA Ticket (which includes the Flight Coupon for that flight, unused Flight Coupons for subsequent flights recorded in the Ticket, and the Passenger Coupon), provided that, for each Passenger, such person is named as the Passenger in the Ticket and he or she provides a valid passport which, in the case of an Electronic Ticket, must bear a serial number that matches the number specified in the e-Ticket Receipt/Itinerary.
1.1.2 In the case of an Electronic Ticket, Passengers are required to bring Passenger e-Ticket Receipt/Itinerary or Passenger Receipt with Passenger to the airport as it may be necessary for Passenger to present it to EA and to airport immigration and security personnel.
1.1.3 Passenger will not be entitled to be carried on a flight if the Ticket presented is mutilated, spoilt or tampered with, or if it has been altered otherwise than by EA or its Authorized Agent. For replacement of a lost or damaged Ticket see Article 1.5.
1.1.4 For the purposes of the Warsaw Convention and the Montreal Convention, an e-Ticket Receipt/Itinerary is deemed to serve as a passenger ticket and a baggage check/document of carriage.
1.1.5 Passenger cannot transfer Passenger Ticket to another person. See Article 1.3 for situations relating to non-use of Passenger Ticket.
1.1.6 Some of EA Tickets are sold at special fares which may be partially or completely nonrefundable. Passenger may wish to ensure that Passenger have appropriate insurance to cover instances where Passenger are unable to make use of such a Ticket.
1.1.7 The Ticket is and remains at all times EA property if issued by EA or its Authorized Agent. If the Ticket has been issued by, or on behalf of, another airline, it is and remains the property of that airline.
1.2 Period of validity
1.2.1 Except if it says otherwise in the Ticket, in these Conditions of Carriage, or in Tariffs which apply, a Ticket is valid for:
1.2.1(a) one year from the date of issue, if completely unused; or
1.2.1(b) one year from the date of first travel on the Ticket, but only if Passenger first flight happened within one year of the date of issue of the Ticket.
1.2.2 If Passenger are prevented from travelling within the period of validity of the Ticket because EA could not confirm a reservation at the time Passenger requested it, EA may extend the validity of the Ticket or give Passenger a voluntary refund under Article 8.3, depending on the restrictions (if any) included in the Ticket. Apart from this, EA will have no liability to Passenger for any loss or expense whatsoever.
1.2.3 If, after Passenger have begun Passenger carriage, a person Passenger are travelling with on one of EA flights dies en route, EA will modify Passenger Ticket either by waiving any Ticket restriction requiring Passenger to stay a minimum period at a Stopover, or by extending the validity of Passenger Ticket.
1.2.4 If a member of Passenger Immediate Family dies after Passenger have begun Passenger carriage, EA will modify Passenger Ticket either by waiving any Ticket restriction requiring Passenger to stay a minimum period at a Stopover, or by extending the validity of Passenger Ticket for a period no longer than 45 Days from the date of the death. No such modification will be made unless EA is provided with a valid death certificate or alternative evidence satisfactory to EA.
1.3 Non-use of Ticket
1.3.1 If, before beginning Passenger carriage and using any part of Passenger Ticket, Passengers are prevented from travelling solely by Force Majeure and part or all of the fare for Passenger Ticket is non-refundable, EA will provide Passenger with a credit for the non-refundable part of the fare which Passenger can use to purchase a Ticket for Passenger or another person for carriage within the next 12 months. No such credit will be given unless Passengers have given EA adequate evidence of the Force Majeure event.
1.3.2 If, before beginning Passenger carriage and using any part of Passenger Ticket, a member of Passenger Immediate Family dies and Passenger no longer wish to travel, Passenger will be entitled to a refund calculated in accordance with Article 8.2.1(a). No such refund will be made unless EA is provided with a valid death certificate or alternative evidence satisfactory to EA.
1.3.3 In the event of Passenger death before beginning Passenger carriage and using any part of Passenger Ticket, EA will provide a refund of Passenger Ticket calculated in accordance with Article 8.2.1(a) if EA is asked to do so. No such refund will be made unless EA is provided with a valid death certificate or alternative evidence satisfactory to EA. In the event of Passenger death after Passenger have begun Passenger carriage, EA will provide a refund for the unused portion of Passenger Ticket calculated in accordance with Article 8.2.1(b) if EA is asked to do so. No such refund will be made unless EA is provided with a valid death certificate or alternative evidence satisfactory to EA.
1.4 Sequence of Flight Coupon use
1.4.1 Passenger Ticket is valid only for the carriage recorded on the Ticket, from the place of departure via any Stopover(s) to the final place of destination. Passenger Ticket will lose its validity and will not be honored by EA if all of the Flight Coupons are not used in the sequence stated in the Ticket unless:
1.4.1(a) the fare already paid for the Ticket is the same or more than the fare applicable to the carriage which results from the out of sequence use of the Flight Coupons; or
1.4.1(b) Passengers have paid any fare differential required for payment by Article 1.4.3.
1.4.1(c) a separate fare has been collected for the un-flown sector(s).
1.4.2 Please be aware that some types of changes to Passenger carriage may not result in a change of fare, but that others (for example, changing the place of departure if Passenger do not fly the first segment of Passenger carriage or reversing the direction Passenger travel) can result in a fare increase. Likewise, many fares are valid for carriage only on the dates and for the flights shown on the Ticket and may not be changed at all, or may only be changed if Passenger pay a fare increase to EA or EA Authorized Agent.
1.4.3 If Passenger want to change the carriage recorded in Passenger Ticket (including use of Flight Coupons out of sequence) Passenger must contact EA before departure of any flight concerned. EA will work out the revised fare for Passenger changed carriage and give Passenger the choice of accepting and paying the new fare or keeping the carriage recorded in Passenger Ticket. If Passenger decide to accept and pay the new fare, an administration fee may be payable by Passenger if Passenger Ticket is subject to restrictions.
If the change is necessary because a Force Majeure event has occurred, EA will use reasonable efforts to transport Passenger to Passenger next Stopover or final destination without recalculation of the fare, but only if Passenger have provided EA with adequate evidence of the Force Majeure event.
1.4.4 If Passenger change any part of Passenger carriage or Passenger fail to check-in prior to closing of check-in for Passenger flight without advising EA and complying with Article 1.4.3, Passenger unused Flight Coupons will not be valid for travel or eligible for any form of refund until EA has, or EA Authorized Agent has, assessed the correct price for Passenger actual carriage and Passengers have paid any difference between the fare paid for Passenger Ticket and the total fare applicable to Passengers revised carriage. If the new price is lower than the fare already paid, EA or its Authorized Agent will refund the difference, less any applicable administration fee(s).
1.4.5 EA will accept each Flight Coupon forming part of Passenger Ticket for carriage in the class of service on the date and flight for which Passengers have a reservation. If a Ticket has been issued without a reservation being made at the time of issue, space may be reserved later subject to EA Tariff, applicable Ticket restrictions and the availability of space appropriate to the fare paid on the flight requested.
1.5 Replacement of Ticket
1.5.1 At Passenger request, and if Passenger comply with the requirements of Article 1.5.2, EA will replace Passenger Ticket if all or part of it is lost or damaged and cannot be presented for carriage, provided there is adequate evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question had been duly issued by EA or its Authorized Agent.
1.5.2 Before any Ticket will be replaced by reason of Article 1.5.1, Passenger will sign an agreement
to reimburse EA for any costs and losses of the type specified in Article 1.5.4 and pay to the
airline issuing the replacement Ticket (whether us or another airline) any applicable
administration fee for this service. This Article will not apply if replacement of Passenger Ticket is necessary by reason of EA or its Authorized Agent’s fault or negligence.
1.5.3 If there is no evidence that a Ticket valid for the flight(s) in question was duly issued or
Passenger do not sign the agreement required by Article 1.5.2, the airline issuing a replacement Ticket
(whether EA or another airline) may require Passenger to pay up to the full Ticket fare for such replacement Ticket subject to refund of the fare paid if and when the airline issuing the replacement Ticket becomes satisfied that the replaced Ticket has not been used before the expiry of its validity. Where EA is the airline issuing the replacement Ticket, payment of the full Ticket price will be mandatory.
If, in the case of Ticket loss and replacement, Passenger subsequently find the original Ticket before the expiry of its validity and surrender it without further use to the airline which issued the new replacement Ticket (whether EA or another airline), Passenger refund will be processed at that time.
1.5.4 Any reimbursement agreement Passengers have signed by reason of Article 1.5.2 will be for an amount up to the fare paid for the original Ticket, but if the original Ticket is subsequently used or cashed in by Passenger, Passenger obligation to reimburse will also include EA costs and expenses (including legal fees and expenses) of locating/notifying Passenger and enforcing the agreement together with any applicable administration fee(s).
1.6 EA name and address on Tickets
East Horizon Airlines name may be abbreviated to the “EA” Airline Designator Code in the Ticket. EA address is:
13th Street Wazir Mohammad Akbar Khan
ARTICLE 2 — FARES, TAXES, FEES, CHARGES AND EXCEPTIONAL CIRCUMSTANCES SURCHARGES
The fare paid for Passenger Ticket covers carriage of Passenger and Passenger Baggage from the airport at the place of departure to the airport at the place of destination via specified Stopovers at the times and on the dates specified in the Ticket, unless EA say otherwise.
The fare for Passenger Ticket has been calculated according to EA Tariff as it applied on the payment date.
2.2 Taxes, fees and charges
2.2.1 Before carriage, Passenger will pay to EA the total amount of all applicable taxes, fees and charges imposed on EA by a government or other authority, or by the operator of an airport, which EA is obliged to collect from Passenger or to pay in respect of Passenger carriage.
2.2.2 When Passenger purchase Passenger Ticket, EA will advise Passenger of all taxes, fees and charges not included in the fare, most of which normally will be shown separately on the Ticket.
Taxes, fees and charges imposed on air travel are outside EA control and are constantly changing and can be imposed or changed after the date Passenger Ticket has been purchased. If a tax, fee or charge is imposed or increased after Passenger Ticket has been purchased, Passenger must pay to EA any such tax, fee or charge, or any such increase before carriage.
2.2.3 If Passenger Ticket has been purchased from EA Authorized Agent and such Authorized Agent omitted to give details of all applicable taxes, fees and charges, with the result no, or insufficient, payment has been made for such taxes, fees and charges, Passenger must pay the relevant amount at the airport of departure before Passenger will be entitled to carriage.
2.2.5 If Passenger do not use the Ticket, Passenger may be entitled to claim a refund, depending on the type of the ticket, which passenger have purchased and its restrictions. Please check the refund policy
2.3 Surcharges in exceptional circumstances
2.3.1 In exceptional circumstances, charges may be imposed on EA by third parties which are of a type or amount not normally applicable to EA operations (for example, insurance premium supplements or additional security costs triggered by unlawful interference with civil aviation).
In addition, EA may be subjected to significant increases in operational costs (for example, fuel charges) caused by exceptional circumstances beyond EA control.
Fares, taxes, fees, charges and exceptional circumstances surcharges are payable in the currency of the country in which the carriage commences. All other accepted currencies will be converted as per EA monthly Market Exchange Rate, minus Airlines service charges.
ARTICLE3 – RESERVATIONS
3.1 Reservation requirements
3.1.1 Reservation is valid only when the full ticket fare is paid.
3.1.2 Passenger must tell EA at the time of booking if Passenger have a medical condition or other condition for which Passenger may require medical assistance or special assistance during embarkation, disembarkation. If Passenger ask EA, EA will tell Passenger how the requirements may differ.
3.2 Fare payment requirement
3.3 Personal data
Passenger recognize that Passenger personal data (including sensitive personal data) has been provided to EA for the purposes of: making a reservation; recording and issuing a Ticket; issuing a boarding pass and other ancillary documentation associated with Passenger carriage; advising Passenger of changes to Passenger itinerary; responding to Passenger queries or requests; issuing receipts; providing Passenger with Passenger carriage; providing Passenger with ancillary services related to Passenger carriage, including, for example, provision of wheelchair assistance, limousine service sand third party services; administration of accounting, billing and auditing procedures and other administrative purposes; facilitating immigration and entry procedures; facilitating security checks including, for example, use of biometrics; dealing with customs control; dealing with immigration authorities; meeting security requirements; prevention and detection of crime; handling customer relations issues; analysis of statistics; assisting EA in future transactions with Passenger; systems testing; market analysis; tailoring EA marketing to Passenger specific carriage needs; benchmarking and performance measures; IT maintenance or development training; operating frequent flyer programs; meeting legal obligations to Passenger; making data available to government agencies in connection with Passenger carriage (for example, security, customs or immigration where EA is required by applicable law to do so); and other purposes associated with or incidental to Passenger carriage.
For all these purposes, Passenger authorize EA to retain and use such data and to transmit to and/or to share it with: EA own offices or its Authorized Agents.
EA may record Passenger telephone conversations with EA to ensure consistent service levels, prevent/detect fraud and for training purposes.
EA may require the name and contact details of a third party whom EA may contact in an emergency.
EA will try to meet advance seating requests, but EA cannot guarantee, upon Airlines requirements, at any time a change can take place.
3.5.1 EA will try to provide the aircraft specified in EA timetable (or specified to Passenger at the time of issue of Passenger Ticket) for Passenger carriage, but cannot guarantee any particular aircraft will be used. EA can change the aircraft on which Passenger will be carried, whether for operational, safety, security reasons or otherwise.
3.5.2 Very occasionally, it may be necessary for EA temporarily to supplement EA fleet with aircraft operated for EA by another airline. If this applies to any aircraft on which Passengers are due to be carried by EA, EA will inform Passenger of the identity of the operator of the aircraft, or try to ensure that EA Authorized Agents give Passenger such information. EA will try also to ensure that Passenger receive the same level of in-flight service, entertainment, and baggage allowance advertised for Passenger flight, but cannot guarantee that this will always be possible.
3.6 Reconfirmation of reservations
3.6.1 With limited exceptions, it is not necessary for Passenger to reconfirm onward or return reservations before flying, but if passenger wishes please contact EA or its authorized agent.
For more details please check EA website.
3.6.4 The contract of carriage is passenger ticket between EA and Passenger. EA liability is only based on this contract.
3.7 Cancellation of onward reservations
3.7.1 For the unused part of the ticket or change of segment please contact EA or its authorized agents. EA policy will be applied.
ARTICLE 4 – CHECK-IN AND BOARDING
4.1 If Passengers are travelling in First or Business Class Passenger must be present for check-in no later than 90 minutes prior to the scheduled departure time of Passenger flight. If Passengers are travelling in Economy Class Passenger must be present for check-in 3 hours prior to the scheduled departure time of Passenger flight.
4.3 Passenger must comply with the applicable Check-in Deadline. EA has the right to cancel Passenger reservation if Passenger do not comply with the Check-in Deadline or, if no Check-in Deadline has been indicated, Passenger fail to check-in prior to closing of check-in for Passenger flight.
4.4 Passenger must be present at the boarding gate 45 minutes before the departure. If Passenger arrives later than the mentioned time at the boarding gate, Passenger will be refused carriage and Passenger Checked Baggage will be off-loaded from the aircraft.
4.5 EA will not be liable to Passenger for any loss or expense whatsoever resulting from Passenger failure to comply fully with this Article 4.
ARTICLE 5- REFUSAL AND LIMITATION OF CARRIAGE
5.1 EA right to refuse carriage
EA appreciate passenger to comply with its terms and conditions of carriage, before the Airlines rights of refusal / cancellation takes place. More information listed below:
5.1.1 refusal to carry is necessary in order to comply with any applicable government laws, regulations, orders or governmental policy; or
5.1.2 Passenger commit a criminal offence during check-in or any of the other operations of embarkation on Passenger flight, or disembarkation from a connecting flight, or on board the aircraft before take-off; or
5.1.3 Passenger fail to observe safety or security instructions of, or obstruct or hinder, any ground staff or crew member in the performance of their duties; or
5.1.4 Passenger use threatening, abusive, insulting or indecent words or behave in a threatening, abusive, insulting or indecent manner to any person, including ground staff, members of the crew or other Passengers prior to or during any of the operations of embarkation on Passenger flight, or disembarkation from a connecting flight, or on board the aircraft before take-off; or
5.1.5 carriage of Passenger and/or Passenger Baggage may endanger or adversely and materially affect, or has endangered or adversely and materially affected, the safety, health, or security of the aircraft, other Passengers or members of the crew, or the comfort of other Passengers aboard the aircraft; or
5.1.6 Passenger appear to be incapacitated by alcohol or drugs; or
5.1.7 Passenger mental or physical state, including Passenger impairment from alcohol or drugs, appears to present a hazard or risk to Passenger, or to other Passengers, or to crew, or to the aircraft, or any person or property in it, or represents a likely or actual source of material annoyance or discomfort to other Passengers aboard the aircraft if Passengers were to proceed to travel in the class in which Passengers are booked or in which Passengers have agreed to travel; or
5.1.8 Passenger refuse to submit to a security check for Passenger or Passenger Baggage or, having submitted to such a check, Passenger fail to provide satisfactory answers to security questions at check-in or the boarding gate, or Passenger fail a security profiling assessment/analysis, or Passenger tamper with or remove any security seals on Passenger Baggage or security stickers on Passenger boarding pass; or
5.1.9 Passenger fail to observe EA safety, security or passenger comfort instructions concerning, for example, seating, storage of Unchecked Baggage, smoking, consumption of alcohol, use of drugs, dress, or use of electronic equipment (for example, mobile / cellular phones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices); or
5.1.10 Passengers have made, or attempted to make, a bomb hoax, hijack threat or any other security threat; or
5.1.11 Passenger have not paid in full the applicable fare, taxes, fees, applicable charges or exceptional circumstances surcharges for Passenger carriage; or
5.1.12 Passenger appear, in EA exclusive opinion, not to meet requisite visa requirements or not to have valid or lawfully acquired travel documents or to have acquired them by fraudulent means or Passenger wish to travel to or enter a country through which Passenger may be in transit for which Passengers do not have valid travel documents or meet the requisite visa requirements, or Passenger destroy Passenger travel documents aboard the aircraft or between check-in and boarding, or Passenger refuse to allow EA to copy Passenger travel documents, or Passenger refuse to surrender Passenger travel documents to the flight crew, against receipt, when so requested; or
5.1.13 EA has been informed (orally or in writing) by immigration or other authorities of the country to which Passengers are travelling or through which Passenger may intend to transit, or of a country in which Passengers have a Stopover planned, that Passenger will not be permitted entry to such country even if Passengers have valid travel documents; or
5.1.14 Passenger fail, or refuse, to give EA information in Passenger possession or available to Passenger which a governmental authority has lawfully asked EA to give about Passenger, or it appears to EA that any such information Passenger have given is false or misleading; or
5.1.15 Passenger present a Ticket for carriage that appears to have been acquired unlawfully or by fraudulent means (for example, by means of use of a stolen credit or debit card), or appears to be forged or falsified, or altered without requisite authority, or has been purchased from or issued by an entity other than EA or its Authorized Agent, or has been reported to EA as being mutilated, lost or stolen, or is a counterfeit, or Passenger cannot prove that Passenger are the person named in the Ticket, or Passenger fail to comply with the requirements set forth in Article 1 concerning, for example, use of Flight Coupons in sequence;
5.1.16 Passenger (or the person who is legally responsible for Passenger, if Passenger is a child) has failed to comply with the requirements of Article 5.5.
5.2 Reimbursement of costs
If Passengers are refused carriage for any of the reasons set out in Article 5.1, Passenger will reimburse EA for any costs EA incur resulting from: (a) repair or replacement of property lost, damaged or destroyed by Passenger; (b) compensation EA has to pay to any Passenger or crew member affected by Passenger actions; and (c) delaying the aircraft for the purpose of removing Passenger and/or Passenger Baggage. EA may apply towards such payment or expenditure the value of any unused carriage on Passenger Ticket, or any of Passenger funds in EA possession.
5.3 Carriage of pregnant Passengers and newborn children
5.3.1 Please inform the Airlines on passenger pregnancy status and time of delivery. Until the starts of seventh pregnancy months a visual check will be upon purchase of passenger ticket and at the check in. After the seventh months a doctor slip not holder than 7 days must be present. After the eighth month it is only permitted to travel when passengers or accompanied by her doctor. Such is not allowed to travel on the ninth months.
5.3.2 It is Passenger responsibility to check if Article 5.3.1 applies to Passenger. If Passenger fail to comply with its requirements or Passenger provide incorrect information about Passenger week of gestation, and Passenger subsequently require in-flight medical assistance, or Passenger flight is diverted so that Passenger may receive medical assistance, in connection with Passenger pregnancy, Passenger is liable to reimburse EA any costs EA incur of the type, for example, specified in Article 5.4 in accordance with the requirements of that Article.
5.3.3 Carriage of newly born infants will generally not be permitted until 21 Days after delivery.
5.4 Passenger reimbursement of medical expenses
5.5 Carriage of unaccompanied children
5.5.1 Passenger will not be accepted for carriage if Passenger is less than 5 years of age on the date the flight commences unless Passenger is accompanied by an escort aged 18 years( immediate family members) or more. If Passengers are between 5 and 16 years of age, EA can arrange for an escort, provided EA is informed in advance and charges are to be paid.
5.5.2 Passenger unaccompanied child carriage is as follows:
5.5.2(a) Passenger is accompanied at check-in by a parent, guardian or adult responsible for Passenger who remains in the airport with an allocated member of EA staff until Passenger has boarded the aircraft and it has taken-off from the airport, and who can prove also to EA that Passenger will be met at the destination airport or Stopover airport by another parent, guardian or adult responsible for Passenger (with full details of that person’s identity) and into whose custody Passenger can be delivered.
5.5.2(b) Passengers have a confirmed reservation for Passenger flight and it is not anticipated by EA that the flight will terminate at a place other than its destination or make an unexpected stop at any other place due to weather or other operational conditions; and
5.6 On board services
5.7 Ground services
ARTICLE 6- BAGGAGE
6.1 Free Baggage allowance
Passengers are entitled for 20kg baggage free of charge. The amount of Passenger free Baggage allowance and restrictions on size are shown in Passenger Ticket or e-Ticket Receipt/Itinerary and are dependent also on EA Regulations in force on the date of Passenger flight. For more information or a copy of EA Regulations, please ask EA/its authorized agents or check our website.
6.2 Excess Baggage
Excess baggage will be charged at the check in. For details of the rates applicable to carriage of excess Baggage, please ask EA or its Authorized Agents.
6.3 Items Passenger must not carry in Passenger Baggage
6.3.2 Passenger must not include any of the following items in Passenger Unchecked Baggage or Passenger Checked Baggage:
6.3.2(a) Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations, and in EA related Regulations. If Passengers are not familiar with those rules and regulations, please ask EA or its Authorized Agents for details;
6.3.2(b) Items which are prohibited from being carried by applicable laws, regulations,
orders or governmental policy of any state to be flown from or to;
6.3.2(c) Items which are reasonably considered by EA to be unsuitable for carriage
because they are dangerous or unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, for example, the type of aircraft being used. Please ask EA about any concerns Passenger may have about the suitability of Passenger Baggage before Passenger arrive at the airport;
6.3.2(d) War material. Please ask EA if Passenger has any doubt about whether any item constitutes war material.
6.3.3 EA has no liability on items in passenger baggage such like fragile or perishable items, valuable items (including, for example, money, jewelers, precious metals), computers, personal electronic devices, stored data, any medication or medical equipment which may be required in-flight or during Passenger trip or which cannot be quickly replaced if lost or damaged, house or car keys, valuable documents (including, for example, business documents, passports and other identification documents, negotiable papers, securities deeds) or samples.
6.3.4 Passenger must not include in Passenger Unchecked Baggage:
6.3.4(a) Real, replica or toy weapons, arms and ammunition, explosives or anything containing explosives (for example, Christmas crackers, fireworks or fire crackers) and incendiary materials; knives of any kind/type/shape or size; letter openers; metal cutlery; catapults; slingshots, razor blades and straight razor blades (excluding safety razors and accompanying cartridge blades); tradesmen’s tools; darts; scissors; nail files; hypodermic needle sand syringes (unless required for medical reasons and accompanied by a medical certificate confirming the medical condition necessitating carriage); knitting needles; corkscrews; sporting bats and clubs (including, for example, baseball and softball bats, golf clubs, cricket bats but excluding tennis, badminton and squash racquets); hard sporting balls (including, for example, cricket, field, hockey or billiard, snooker or pool balls); billiard, snooker or pool cues; martial arts devices.
6.3.4(b) Any article which in EA opinion, or the opinion of airport security personnel, might be used as, or adapted for use as, a weapon with the potential to cause injury or incapacitation or to represent any other security or safety threat.
6.3.5 If an item of Unchecked Baggage becomes Checked Baggage (whether at Passenger request or because EA require it), Passenger must immediately remove from it all items which are prohibited from inclusion in Checked Baggage by Article 6.3. If Passenger ask EA, EA will endeavor to supply Passenger with a carrier bag if Passenger do not have another bag of Passenger own. Passenger may carry such items as Unchecked Baggage, but only if Passenger comply with EA requirements regarding contents and size and weight of Unchecked Baggage specified in Article 6.8.
6.3.6 EA is not responsible for any item removed from Passenger Checked Baggage or Unchecked Baggage and retained by airport security personnel. It is Passenger responsibility to check the security requirements applicable to Passenger flight and departure airport prior to travel and, if personal items are removed from Passenger Baggage by airport security personnel, it is Passenger responsibility to ensure that Passenger obtain a receipt from the airport security personnel and make arrangements for collection of such items.
6.4 Firearms, dangerous items and liquid
6.4.1 International Civil Aviation Organization (ICAO) recommended all liquids, gels, pastes and aerosols up to 100 ml be carried in one transparent and resalable plastic bag to a maximum capacity of 1 Liter. The transparent bag dimensions should not exceed 20 cm x 20 cm or 8 inches x 8 inches. Containers over 100 ml will not be accepted even if just partly filled. All items must fit comfortably in the plastic bag. You are required to produce your clear transparent bag of liquids separately for security screening.
There are no restrictions on baby food and medication; however, you could be required to produce a medical certificate at the airport for medication taken onboard.
*Transit Flights: Rules vary from one airport to another. It is advisable to check with the airport that you are transiting in.
6.4.2 Firearms, ammunition and explosives including items containing explosives (for
example, fireworks or fire crackers) will not be accepted as Checked Baggage, unless approved by EA no less than 3 Days before Passenger flight. If accepted for carriage, firearms must be unloaded with the safety catch on, and suitably packed and accompanied by all documents legally required by the countries of departure, destination and any Stopovers. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 6.3.2(d). Passenger firearms, ammunitions and explosives will never be carried in the cabin or cockpit of the aircraft. A government clearance is mandatory.
6.4.3 Weapons such as, for example, antique firearms, swords, knives, toy or replica guns, bows and arrows and similar items may be accepted as Checked Baggage only at EA discretion, subject to prior approval by EA, but will not be permitted in the cabin or cockpit of the aircraft.
6.4.4 EA will have no liability or responsibility where any item accepted under Articles 6.4.2 and/or 6.4.3 is removed from Passenger Checked Baggage and/or retained or destroyed by security personnel, government officials, airport officials, police or military officials or other airlines involved in Passenger carriage.
6.5 Right to refuse carriage
6.5.1 EA will refuse to carry Baggage which contains any of the items described in Article
6.3.2 (and Article 6.3.4 in the case of Unchecked Baggage only), regardless of whether and when EA is told, or discover, the presence of any such items. See also Article 6.3.1.
6.5.2 For any baggage which is abnormal in size please contact EA or its authorized agent. It might get refused at the check in
6.5.3 EA may refuse to accept Baggage for carriage if EA decide that it is not properly and securely packed in suitable containers. If Passenger ask EA, EA will give Passenger information about packing and containers acceptable to EA.
6.6 Right of search, screen and x-ray
6.6.1 For reasons of safety, health and security, and to check that Passengers are not carrying in Passenger Baggage any items prohibited by these Conditions of Carriage, EA may search, screen and x-ray Passenger Baggage. EA will try to search Passenger Baggage while Passengers are present, but if Passenger are not readily available EA may search it in Passenger absence. If Passenger do not let EA conduct all such searches, scans and x-rays, EA will refuse to carry Passenger and Passenger Baggage.
6.6.2 Passenger must allow security checks of Passenger Baggage by government officials, airport officials, police or military officials and other airlines involved in Passenger carriage.
6.6.3 If a search, screen or x-ray causes Damage to Passenger Baggage, EA will not be liable for the Damage unless it was caused solely by EA negligence.
6.6.4 Please note that the security authorities of some countries require that Checked Baggage is secured in such a manner that it can be opened without the possibility of causing damage in the absence of the Passenger. It is Passenger responsibility to make Passenger aware of and comply with any such requirements.
6.7 Checked Baggage
8.7.1 Passenger must fasten a tag, or secure a sticker, containing Passenger name, full address and a telephone number at which EA can contact Passenger. EA recommend to keep a copy of E-tickets inside the passenger suitcase.
6.7.6 Passenger must ensure that Passenger Checked Baggage is sufficiently robust and well secured to withstand the usual and normal rigors of carriage by air without sustaining damage (except for fair wear and tear).
6.8 Unchecked Baggage
6.8.1 EA specify maximum dimensions and/or weight for Unchecked Baggage which Passenger carry on to the aircraft. For size and weight details please ask EA or its authorized agents.
6.8.2 If Passengers have a highly valuable item, a musical instrument or diplomatic bag which Passenger wish to carry with EA as Unchecked Baggage, but it exceeds EA size or weight limitations for Unchecked Baggage, Passenger must purchase one or more additional seats (subject to availability) in the same class of travel as Passenger for the purpose of storing such permitted item next to Passenger during Passenger flight. EA will not carry as Unchecked Baggage any other type of item which exceeds EA size or weight limitations for Unchecked Baggage.
6.9 Collection and delivery of Checked Baggage
6.9.1 Passenger must collect Passenger Checked Baggage as soon as it is made available at Passenger destination or Stopover. If a passenger does not collect it within a reasonable time, EA may charge Passenger a storage fee. If Passenger‘s Checked Baggage remains unclaimed for 6 months after it is made available at Passenger destination or Stopover, EA may dispose of it and retain for EA benefit any proceeds of the disposal without notice or liability to Passenger.
6.9.2 Only the person holding the Baggage Check and the Baggage Identification Tag can claim a piece of Checked Baggage. EA accept no responsibility for checking the identity or authority of the person holding the Baggage Check and Baggage Identification Tag or for checking that he/she has any right to collection.
6.9.3 If the person claiming a piece of Checked Baggage cannot produce the required Baggage Check and Baggage Identification Tag, that person must prove that the Baggage is his or hers before EA will allow collection. EA accept no responsibility for making anything other than limited enquiries of the person claiming the Baggage when assessing the right to collection.
EA will not accept an animal for carriage unless Passenger have applied for, and obtained, EA prior approval and Passenger meet all of the following conditions and EA applicable Regulations:
6.10.1 The animal must be properly crated (with necessary supplies of food and water) by Passenger in a suitable container for carriage in the cargo hold of an aircraft in accordance with all applicable legal requirements.
6.10.2 The animal is accompanied by, and EA are shown, valid health and vaccination certificates, entry permits, transit permits, exit permits and other documents required by countries of departure, entry or transit.
6.10.3 Passengers have paid the charges applicable to containers with animals inside, unless the animal is a service animal.
6.10.4 Unless carriage of Passenger animal is covered by the liability rules of the Warsaw Convention or the Montreal Convention, EA will not be responsible for its loss, injury, sickness or death unless caused solely by EA negligence.
6.10.5 If an animal is carried by EA without being accompanied by all the certificates and permits required by Article 6.10.2, EA will have no liability to Passenger for any loss Passenger may suffer and Passenger will pay or reimburse EA (on request) for any fines, costs, losses or liabilities imposed on or incurred by EA as a result of the absence of one or more required certificates or permits.
ARTICLE 7- SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS, DENIED BOARDING
7.1.1 The flight times and flight durations shown in EA timetables may change between the date of publication (or issue) and the date Passenger actually travel. EA do not guarantee flight times and flight durations to Passenger and they do not form part of Passenger contract of carriage with EA.
7.1.2 Before EA accept Passenger booking, EA or its Authorized Agents will tell Passenger about the departure time of Passenger flight and it will be shown on Passenger Ticket or e-Ticket Receipt/Itinerary. EA may need to change the departure time of Passenger flight time and/or the departure or destination airport after Passenger Ticket or e-Ticket Receipt/Itinerary has been issued. It is Passenger’s responsibility to give EA or its Authorized Agent contact information so that EA or that Authorized Agent can try to notify Passenger of any such change. If the change is not acceptable to Passenger, and EA are unable to reserve space for Passenger in Passenger ticketed class of service on an alternate flight which is acceptable to Passenger, Passenger will be entitled to an involuntary refund in accordance with Article 8.2. Apart from this, EA will have no liability to Passenger for any loss or expense whatsoever.
7.2 Remedies for cancellation, rerouting and delays
7.2.1 Sometimes delays in departure times and the time taken for an aircraft to fly to a destination occur because of circumstances beyond EA control (for example, bad weather or air traffic control delays or strikes). EA will take all reasonable measures necessary to avoid delay in carrying Passenger and Passenger Baggage. These measures may include using an alternative aircraft or arranging for a flight to be operated for EA by an alternative airline, or both.
7.2.2 Passenger will be entitled to choose one of the following three available remedies if EA cancel a flight; fail to operate a flight reasonably according to the schedule; fail to stop at Passenger destination or Stopover destination; or cause Passenger to miss a connecting flight with EA. The three available remedies for Passenger to choose from are available without extra charge and are set out in Articles 7.2.2(a) to (c) below. See also Article 7.2.3 for limitations on Passenger rights and EA liability.
7.2.2(a) Remedy One – EA will carry Passenger and Passenger Baggage as soon as EA can on another of EA flights on which space is available and, where necessary, extend the period of validity of Passenger Ticket to cover that carriage.
7.2.2(b) Remedy Two – EA will re-route Passenger and Passenger Baggage within a reasonable period of time to the destination shown on Passenger Ticket on another of EA flights, or by other mutually agreed means and class of carriage.
7.2.2(c) Remedy Three – EA will give Passenger an involuntary refund in accordance with Article 8.2
7.2.3 The three remedies in Articles 7.2.2(a) to 7.2.2(c) do not affect any rights Passenger may have under Article 13.6. Those remedies and rights represent the sole and exclusive remedies and rights available to Passenger if Passenger carriage is affected by one of the events listed in Article 7.2.2.
7.3 Denied boarding
7.3.1 If EA cannot carry Passenger in Passenger ticketed class of service on a flight for which Passenger have a confirmed reservation and have met all applicable check-in and boarding deadlines, EA will carry Passenger on one of EA later flights in Passenger ticketed class of service, or, if Passenger choose, EA will carry Passenger on another of EA flights in a different class of service. Alternatively, Passenger may choose to receive an involuntary refund in accordance with Article 8.2. This Article 7.3.1 will not apply if EA refuse to carry Passenger for reasons permitted by these Conditions of Carriage.
7.3.2 If Article 7.3.1 applies to Passenger, EA will pay to Passenger any compensation due to Passenger under applicable law and EA denied boarding compensation policy.
7.3.3 Apart from Passenger rights under this Article 7.3, EA will have no liability to Passenger for any loss or expense whatsoever. Please ask about EA denied boarding compensation policy.
ARTICLE 8- REFUNDS
8.1 EA will refund the fare paid for Passenger Ticket, or any unused part of it in accordance with EA fare rules and Tariffs and the following additional rules:
8.1.1 Unless EA say otherwise, EA will make a refund only to the person who has paid for the Ticket, provided EA are given proof of identification and payment.
8.1.2 Unless the claim for a refund concerns a lost Ticket, EA will pay a refund only if Passenger give EA Passenger Ticket and all unused Flight Coupons and the Passenger Coupon. This requirement will not apply where Passenger Ticket is an Electronic Ticket. Please ask EA or its authorized agents.
8.2 Involuntary refunds
8.2.1 Fare refunds will be calculated according to Articles 8.2.1(a) and 8.2.1(b) if EA cancel
a flight, fail to operate a flight reasonably according to schedule, or fail to carry Passenger on a flight for which Passenger have a confirmed reservation and have met the applicable Check-in
Deadline and boarding deadline and Passenger have not been refused carriage for reasons permitted by these Conditions of Carriage. The same method of calculation will apply if EA fail to stop at Passenger destination or Stopover, or cause Passenger to miss a connecting flight in circumstances where Passenger hold a confirmed reservation and adequate time existed to make the connection between the originally scheduled time of arrival of Passenger flight and the departure time of the connecting flight.
In all of those situations, the refund will be:
8.2.1(a) an amount equal to the fare paid, if no portion of the Ticket has been used; or
8.2.1(b) if a portion of the Ticket has been used, an amount equal to the difference between the fare paid and the correct fare for travel between the points for which Passenger have used Passenger Ticket.
8.2.2 EA will pay a refund according to Article 8.2.1(b) if EA refuse Passenger carriage for any of the reasons set out in Article 5.1, except that Passenger will not be entitled to any refund for the flight for which Passenger were refused carriage. Apart from this, EA will have no liability to Passenger for any loss or expense whatsoever. Also see Article 5.2 which permits EA to use the value of any unused carriage on Passenger Ticket to reimburse costs payable by Passenger.
8.2.3 EA will pay a refund according to Article 8.2.1(b) if EA terminate Passenger carriage for any of the reasons set out in Article 9.4 (unacceptable behavior aboard aircraft) before it is completed, except that Passenger will not be entitled to any refund for the flight during which the unacceptable behavior occurred. Apart from this, EA will have no liability to Passenger for any loss or expense whatsoever. See also Article 9.4.4, which permits us to use the value of any unused carriage on Passenger Ticket to pay sums due to us from Passenger.
8.3 Voluntary refunds
8.3.1 If a refund of the fare for Passenger Ticket is due for reasons other than those set out in Article
8.2, the refund will be:
8.3.1(a) an amount equal to the fare paid less any applicable cancellation fees if no portion of the Ticket has been used, less also any applicable administration fee(s), if Passenger Ticket is subject to restrictions; or
8.3.1(b) if a portion of the Ticket has been used, an amount equal to the difference between the fare paid and the correct fare for travel between the points for which the Ticket has been used, less any applicable cancellation fees, less also any applicable administration fee(s), if Passenger Ticket is subject to restrictions.
8.4 Refund on lost Ticket
8.4.1 If Passenger lost Passenger Ticket or part of it and subsequently provide EA with satisfactory proof of that lost and pay any applicable administration fee(s), EA will pay a refund as soon as possible after the validity period of the Ticket expires or 3 months, whichever is the later. EA will only do this if:
8.4.1(a) the lost Ticket, or part of it, has not been used, previously refunded or replaced, unless the use, refund or replacement by or to someone else resulted from EA own negligence; and
8.4.1(b) the person to whom the refund is made agrees (by signing an agreement with EA) to repay to EA the amount of the refund and reimburse the EA legal costs and expenses of locating and notifying Passenger and enforcing the agreement, if EA discover later fraud or use of the lost Ticket (or part of it) by Passenger or someone else. This will not apply if any fraud or use by someone else resulted from EA negligence.
8.5 Right to refuse refund
8.5.1 EA will not give a refund if application for the refund is made after the validity of the ticket.
8.5.3 EA will not give a refund on a Ticket if it has been stamped by a governmental organization as “Not to be Refunded” or if the Ticket is a replacement for a lost or mutilated Ticket which was stamped as “Not to be Refunded” by a governmental organization, unless Passenger prove to EA that Passenger have permission of that governmental organization to receive a refund.
8.5.4 EA will not give a refund on a Ticket for any flight on which Passenger have been refused carriage (for any of the reasons set out in Article 5.1) or from which Passenger have been removed (for any of the reasons set out in Articles 9.1 to 9.3).
EA will pay refunds according to EA policy.
8.7 By whom Ticket refundable
EA will pay a voluntary refund on a Ticket only if EA or its Authorized Agents issued the Ticket.
8.8 Limitation of Passenger rights
Unless EA state otherwise in these Conditions of Carriage, the refund rights set out in this Article 8 represent Passenger only rights against EA if Passenger carriage does not take place for any reason whatsoever. This means that EA will have no other liability to Passenger for any loss or expense whatsoever.
ARTICLE 9- CONDUCT ABOARD AIRCRAFT
At all times during Passenger carriage, Passenger have a duty to behave in a manner which is not likely to:
9.1.1 contravene the laws of Islamic Republic of Afghanistan and its Civil Aviation which has jurisdiction over the aircraft;
9.1.2 endanger, or threaten (whether by hoax threats or otherwise) the aircraft or any person or property;
9.1.3 injure or prejudice the health of other persons aboard the aircraft or create the risk or threat of injury or damage to health;
9.1.4 cause distress to, or be complained of as materially objectionable to, other persons aboard the aircraft, such conduct includes, for example, harassment, molestation, sexual assault or abuse;
9.1.5 cause, or be likely to cause, loss of or damage to EA property or that of other persons aboard the aircraft;
9.1.6 obstruct, hinder or interfere with the crew in the performance of their duties;
9.1.7 contravene any instruction or direction of the crew or the airline (whether oral or by 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, 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, CD, DVD and MP3 players, electronic games or transmitting devices (for example, radio controlled toys and warlike talkies).
9.2 On board alcohol
Passenger are not allowed to consume alcohol aboard an aircraft (whether purchased as duty free or someone else or otherwise obtained) unless it has been served to Passenger by EA. EA have the right, at any time for any reason, to refuse to serve alcohol or to withdraw alcohol which has been served.
9.3 Smoking policy
Smoking is not permitted on any of EA flights.
9.4 Breach of duty
If EA reasonably believe that Passengers have failed to fully observe all of the duties placed on Passenger by Articles 9.1 to 9.3:
9.4.1 EA may report the matter to any relevant police or other enforcement authority; and
9.4.2 EA may take such measures as EA consider necessary to prevent the continuation or repetition of the offending conduct including, for example, physical restraint and/or removal of Passenger from the aircraft and/or refusal to carry Passenger after a Stopover (whether made for the purpose of removing Passenger from the aircraft or otherwise); and
9.4.3 EA may decide to refuse to carry Passenger at any time in the future; and
9.4.4 Passenger will reimburse EA for any costs EA incur in order to: (a) repair or replace property lost, damaged or destroyed by Passenger; (b) compensate any Passenger or crew member affected by Passenger actions; and (c) divert the aircraft for the purpose of removing Passenger from the aircraft. EA may use the value of any unused carriage on Passenger Ticket or any of Passenger funds in EA possession to pay sums due to us from Passenger.
ARTICLE 10- SERVICES PROVIDED BY THIRD PARTIES
ARTICLE 11- TRAVEL DOCUMENTS, CUSTOMS AND SECURITY INSPECTIONS
11.1.1 Passenger are responsible for obtaining and holding all of the travel documents Passenger need for any country Passenger are visiting (even as a transit Passenger).
11.1.2 Passenger must obey all laws, regulations, orders, and other requirements of all countries Passenger will exit, enter, or through which Passenger will transit during Passenger journey.
11.1.3 For details of required travel documents, EA advise Passenger to contact the Embassy, Consulate or other relevant body of all relevant countries prior to making Passenger booking and at the time of making Passenger booking. If Passenger are not travelling immediately, EA advise Passenger to contact the same bodies again before Passenger commence travel to ensure that the requirements which are applicable to Passenger have not changed and that Passenger travel documents remain valid for all flights, destinations and planned Stopovers.
11.1.4 If requested, Passenger must present to EA all passports, visas, health certificates and other travel documents needed for Passenger journey, permit EA to take photocopies of those documents or deposit those documents with a member of EA flight crew aboard Passenger aircraft for safe keeping during a flight against issue to Passenger of a receipt. EA have the right to require Passenger to present to EA any of these documents at any time before or during Passenger carriage.
11.1.5 EA will not be liable to Passenger if Passenger do not have all passports, visas, health certificates and other travel documents needed for Passenger journey or if any of those documents are out of date or if Passenger have not obeyed all laws, regulations, orders, and other requirements of all countries Passenger will exit, enter, or through which Passenger will transit during Passenger journey.
11.1.6 EA will not accept Passenger or Passenger Baggage for carriage if Passenger visas or travel documents do not appear to be in order or if Passenger have not complied with the other requirements of this Article 11.1 EA have the right to refuse carriage in this way even if Passenger have started or completed part of Passenger carriage before it becomes clear to EA (whether as a result of operation of Article 11.1.4 or otherwise) that Passenger have not complied with Article 11.1
11.2 Refusal of entry
If Passengers are refused entry to a country (including a country Passenger transit through while en route to Passenger destination), Passenger must reimburse EA in full on request any fine, penalty or charge assessed against EA by the government concerned (including detention costs) as well as the fare for transporting Passenger, and an escort if required, from that country. EA will not refund to Passenger the fare paid for carriage to the airport where Passenger were refused entry.
11.3 Passenger responsible for fines, detention costs and other charges
Passenger must reimburse EA in full on request the amount of any fine, penalty, detention costs, deportation or removal expenses, escorting charges (if any), cost of ticket(s) issued for Passenger, or any other expenditure EA incur because Passenger have failed to comply with any laws, regulations, orders or other travel requirements of the country Passenger have travelled to or because Passenger have failed to produce the required travel documents on seeking entry to a country or Passenger have been refused admission into the country. EA may use the value of any unused carriage on Passenger Ticket or any of Passenger funds in EA possession to pay sums due to EA from Passenger.
11.4 Return of confiscated travel documents
EA will not be liable to Passenger for the return of any of Passenger travel documents, identification documents or Tickets confiscated by a governmental or other authority.
11.5 Customs inspection
If required, Passenger will attend inspection of Passenger Baggage by customs or other government officials. EA will not be liable to Passenger for Damage suffered by Passenger in the course of such inspection or as a result of Passenger failure to attend.
11.6 Security inspection
Passenger must allow security checks, searches and scans of Passenger person by EA or its EA handling agents, government officials, airport officials, police or military officials and other airlines involved in Passenger carriage. If Passengers do not allow all such security checks, searches and scans to be conducted, EA will refuse to carry Passenger and Passenger Baggage. See also Article 8.6 for security checks on Passenger Baggage.
ARTICLE 12- SUCCESSIVE AIRLINES
Where Passenger carriage is to be performed by EA 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 Article 13.2 for limitations of EA liability for such carriage.
ARTICLE 13- LIABILITY FOR DAMAGE
13.1 Applicable rules
EA liability will be determined by applicable law and the Conditions of Carriage. 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 liabilities of an airline (set out in Articles 13.2 to 13.6.) please ask for EA liabilities.
13.2 Scope of liability
EA will be liable only for Damage occurring during carriage performed by EA, or in relation to which EA has a legal liability to Passenger.
13.3 General limitations
13.3.1 EA liabilities are limited if passenger wishes to increase passenger liability coverage as per Warsaw Convention or Montreal Convention, please inform EA for the additional insurance coverage cost. Wherever the Warsaw Convention or the Montreal Convention applies, EA liability will be subject to the rules and limitations of EA and in accordance of its terms and conditions.
13.3.2 EA will be wholly or partly exonerated from liability to Passenger for Damage if EA prove that the Damage was caused or contributed to by Passenger negligence or other wrongful act or omission.
13.3.3 EA may be wholly or partly exonerated from liability to Passenger for Damage if EA prove that the Damage did not result from EA negligence, or that it resulted from the negligence of a third party, or that EA took certain measures to avoid the Damage or that it was impossible to take such measures.
13.3.4 EA will not be liable for any Damage arising from EA compliance with applicable local law or government rules and regulations, or from Passenger failure to comply with the same, except as may be provided by the Warsaw Convention or the Montreal Convention.
13.3.5 Except where EA state otherwise in these Conditions of Carriage, EA will be liable to Passenger only for compensatory damages Passenger are entitled to recover for proven losses and costs under the Warsaw Convention or the Montreal Convention or local laws which may apply.
13.3.6 Passenger contract of carriage with EA (including these Conditions of Carriage and all applicable exclusions and limits of liability) applies for the benefit of EA Authorized Agents, servants, employees and representatives to the same extent as they apply to EA. As a result, the total amount recoverable from EA and EA Authorized Agents, servants, employees and representatives will not be more than EA own liability, if any.
13.4 Death or injury of Passengers
EA liability for damage sustained by Passenger, in the event of death, wounding or other bodily injury caused by an accident is subject to the rules and limitations of EA Policy.
13.4.1 EA liability for proven damages are limited in accordance to EA ticket (the contract between Passenger and EA) for additional coverage passengers must have another insurance or request EA to arrange for the passenger.
13.5.1 EA will not be liable for Damage to Unchecked Baggage unless EA caused the Damage by EA negligence.
13.5.2 EA will not be liable for Damage to Baggage resulting from the inherent defect, quality or vice of the Baggage (for example, destruction of, or damage caused by or to, fragile, perishable and other items which Passenger are prohibited from including in Passenger Baggage by Articles 6.3 and 6.4). Likewise, EA will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigors of transportation by air (see also Article 6.7.6 regarding the suitability of Passenger Baggage for transportation by air).
13.5.3 EA liability for Damage to Baggage is limited to the maximum amounts stated in Articles
13.5.4 (a) to (e) unless Passenger prove that the Damage resulted from EA act or omission either done with the intention of causing Damage or recklessly and with knowledge that Damage would probably result. Passenger may wish to make a special declaration of value (see Article 13.5.5) or buy Passenger insurance to cover instances where the actual value or replacement cost of Passenger Checked Baggage or Unchecked Baggage exceeds EA liability.
13.5.4(a) Checked Baggage
EA liability is limited according to our policy (USD20 per kg and the actual weight not exceeding 20kg) per passenger (adult and child).
13.5.4(b) Un-checked Baggage
EA is not liable for any un-checked baggage (Damage or Lost).
13.5.6 If the weight of Passenger Checked Baggage is not recorded on the Baggage Check, EA will presume that it is not more than the free baggage allowance for the class of carriage for which Passenger were booked.
13.6 Delay in the carriage of Passengers
EA liability for Damage caused by delay in Passenger carriage by air is limited by EA policy.
ARTICLE 14-TIME LIMITS FOR BAGGAGE CLAIMS, PROCESSING OF BAGGAGE CLAIMS, AND TIME LIMITS FOR ALL ACTIONS FOR DAMAGES
14.1 Time limit for Baggage claims
14.1.1 If Passenger, or the person holding the Baggage Check and Baggage Identification Tag with Passenger authority, receives Checked Baggage without complaint, the absence of complaint will be sufficient evidence that the Checked Baggage was received in good condition unless Passenger prove otherwise.
14.1.2 If Passenger want to claim compensation from EA for Damage to Checked Baggage, Passenger must notify EA as follows.
14.1.2(a) if the Damage to Checked Baggage is physical in nature Passenger must notify EA immediately before leaving the baggage belt area.
14.1.2(b) if the Damage consists of total or partial loss of Checked Baggage Passenger must notify EA immediately before leaving the baggage belt area.
14.1.2(c) If the Baggage is lost, please make claim immediately in the baggage belt area to EA on duty staff.
14.2 Processing of Baggage claims
14.2.2 In the case of a compensation claim concerning physical damage to Baggage, Passenger must retain and, if requested by EA, let EA examine the affected Baggage so that EA may assess the nature, extent and reparability of that damage.
14.2.3 If Passenger wish to claim the cost of replacement of an individual item which forms part of a claim for compensation for Damage to Baggage, Passenger must consult EA before Passenger incur such cost otherwise EA may not include the cost in any compensation payable.
14.2.4 For all claims for compensation concerning Baggage, Passenger must provide EA with any information EA may request to assess the eligibility of Passenger claim for compensation and the amount of any compensation payable.
14.2.5 If required by EA, Passenger will sign a statement of truth regarding the facts of Passenger claim for Damage to Baggage before EA pay any compensation to Passenger.
14.2.6 Failure by Passenger to fully comply with the relevant requirements of Article 14.2 may adversely affect the amount of any compensation to which Passenger may be entitled.
14.3 Time limit for baggage damages/lost payments
Passenger will have no right to compensation for any Damage if an action is not brought within 1 month of the date of Passenger arrival at the place of destination.
ARTICLE 15- EA REGULATIONS
Some aspects of Passenger carriage may be governed by EA Regulations in addition to these Conditions of Carriage. Wherever applicable, Passenger must obey EA Regulations (but see Article 2.4 for what happens if these Conditions of Carriage are inconsistent with any of EA Regulations). EA have Regulations concerning, for example, unaccompanied children, pregnant women, disabled Passengers, sick Passengers, carriage of animals (including service animals), restrictions on use of electronic devices on board aircraft, forbidden items in Baggage and limits on the size and weight of Baggage. Copies of EA Regulations are available from EA on request.
ARTICLE 16- INTERPRETATION
16.1 EA will use reasonable efforts to make correct decisions about the interpretation of applicable laws, regulations, orders or governmental policy for the purposes of Articles 5.1 (EA right to refuse carriage), and 9.1.1 (Passenger conduct aboard aircraft).
Sometimes such decisions may have to be made in circumstances where limited time is available and no proper opportunity exists to carry out any or sufficient enquiries. As a result, any such decision made by EA will be final and binding on Passenger even if subsequently proved to be incorrect, provided that at the time EA made EA decision EA had reasonable grounds for believing that it was correct.
16.2 Where EA expressly state in these Conditions of Carriage that Passenger must comply with applicable law or applicable governmental, ICAO or IATA requirements, Passenger must make sure that Passenger comply with such applicable law or requirements at all times and especially on the date or dates of Passenger carriage.
16.3 All dates and periods of time referred to in these Conditions of Carriage will be ascertained in accordance with the Gregorian calendar.
16.4 The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
East Horizon Airlines