Air Kiribati - Conditions of Carriage

CONDITIONS OF CARRIAGE

DEFINITIONS

In these terms and conditions:

"Baggage" includes Baggage and Carry-on Baggage;

"Baggage Fee" means any fee specified in the Fare Rules as payable by the Passenger for the Carrier to carry Baggage;

"Booking" means the booking entry made with and accepted by the Carrier in relation to the travel sought by or on behalf of the Passenger, the boarding pass, the baggage check and/or any other document or message of the Carrier relating to the contract for carriage concerning such travel;

"Carrier" means Air Kiribati Ltd;

"Carrier's Website" means www.airkiribati.com.au or whichever website is relevant for the Carrier operating the flight the subject of the booking;

"Carry-on Baggage" means baggage, personal effects or other articles (not being Registered Baggage) which accompanies the Passenger during the provision of transport and services the subject of the Booking;

"Convention" means : the Convention for the Unification of Certain Rules Relating to International Carriage by Air (1929) ("Warsaw Convention"); the Warsaw Convention as amended at The Hague (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 by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Convention (1961); and the Montreal Convention (1999);

"Fare Rules" means those additional terms and conditions attaching to the transport and services the subject of the Booking (of which a Passenger is notified at the time of booking); " International Travel" means international carriage as defined in the Convention and includes any Australian and/or New Zealand Domestic Flight which forms part of an international trip;

"Passenger" means the person specified as receiving transport and other services in the Booking and any infant or Baggage carried with that person; " Loss" means any loss, damage, cost or expense, including consequential or indirect loss of profit or loss of opportunity;

"Baggage" means baggage, personal effects or other articles registered with the Carrier as baggage intended to be carried in the aircraft hold during the provision of transport and services the subject of the Booking and for which a bag tag number is issued by the Carrier;

"Weight Limit" means the weight limit for Registered Baggage determined by the type of fare purchased by the Passenger when making a Booking. The weight limit and the terms and conditions that apply for receiving the benefit of the weight limit are specified in the Fare Rules and on the Carrier's Website and may change at any time without notice.

CHECK IN

Passengers must check in to board the flight at the Carrier's check-in facility serving the place of departure at least 90 minutes prior to the scheduled departure time; The fare and any Baggage Fee paid may be forfeited and the Carrier may cancel or re-allocate the Booking if a Passenger fails to arrive at the airport and check in by the time specified.

BOOKINGS

1. The Booking and the benefit of the contract for carriage are not transferable by the Passenger. The Carrier reserves the right to refuse a person carriage unless satisfactory proof of identity (eg. passport, current drivers licence) and, in the case of minors, satisfactory proof of age (eg birth certificate), is produced at check in. Infants not requiring their own seat may be refused carriage or required to purchase a seat if satisfactory proof of age (under 2 years) is not provided.

2. The Booking is valid only for provision of the transport and services in respect of which it is accepted by the Carrier. Subject to clause 19 of these terms and conditions and to the extent permitted by law, no payment accepted by the Carrier in respect of a Booking is refundable under any circumstances unless specified otherwise in the Fare Rules. Passengers may change Booking details, subject to the Fare Rules. If a Passenger fails to travel on the scheduled services specified in the Booking, the Booking will lapse, become valueless and not be substitutable for other services.

SERVICE ADJUSTMENTS

1. The Carrier will make all reasonable endeavours to provide to the Passenger the mode of transport or services the subject of the Booking but, in certain circumstances beyond its control, the Carrier may have to, without notice, substitute other means of transport or service. These terms and conditions of carriage apply to any such substituted transport or services and the Carrier will not be liable for any Losses which a Passenger may incur as a result of any such substitution

2. The Passenger acknowledges that the Carrier may need to cancel or delay and reschedule flights or services due to industrial action, landing restrictions, airport loading restrictions, unsuitable weather conditions, technical problems, operational reasons, or any event beyond the Carrier's reasonable control, and scheduled flight times or destinations are not guaranteed. To the extent permitted by applicable laws, the Carrier will in no circumstances be liable for any Losses which a Passenger may incur as a result of any such delayed or rescheduled flight or service.

3. If the Passenger is landed at a destination other than that specified in the Booking, the Carrier will make all reasonable endeavours to convey the Passenger to the specified destination, but undertakes no obligation to the Passenger as to time or means of transport.

PASSENGER RESPONSIBILITIES

1. Passengers must comply with all applicable laws, regulations, orders and notifications in force relating to air transport and all conditions and instructions of the Carrier. Passengers must submit upon request by the Carrier to reasonable searches of their persons and Baggage.

2. A Passenger may be refused entry, be requested to leave the aircraft or other means of transport or be physically restrained or removed if: the Passenger is in breach of these terms and conditions, objectionable to other Passengers or is, for any reason, disturbing, causing discomfort to or threatening the safety or security of other Passengers, any property or the Carrier; the Passenger is under the influence of alcohol or drugs or is not physically or mentally fit to travel; the Passenger requires medical or other special assistance; in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over. The Carrier is not liable for any Loss which the Passenger incurs as a result.

3. Passengers are responsible for obtaining all travel documents (including visas) and inoculations and for complying with all laws, regulations, orders and travel requirements of countries to be flown from, into or over. The Carrier will not be liable for the consequences of any Passenger's failure to obtain such documents or to comply with such laws, regulations, orders or requirements.

4. Prior to travel, Passengers must present all valid travel documents required by the laws, regulations, orders or requirements of the countries concerned and permit the Carrier to make and retain copies thereof. The Carrier reserves the right to refuse carriage if a Passenger does not comply with these requirements.

5. All Passengers who are denied entry into any country will be required to pay the cost of transportation from that country to a country of the Carrier's choosing where the Passenger is acceptable. The Carrier may apply towards such cost any fare paid to it for unused carriage or any of the Passenger's funds in its possession. The fare collected for carriage to the point of refusal or denied entry will not be refunded by the Carrier.

6. The Passenger must fully indemnify the Carrier for any Losses, legal costs and other expenses incurred by the Carrier (including any fines or penalties imposed on the Carrier) due to the Passenger being denied entry into any country, the Passenger's failure to comply with these terms and conditions or the laws, regulations, orders or requirements of any country, the Passenger's failure to produce the required documents or the Passenger's behaviour, health or medical condition.

CARRIER INDEMNITIES

1. Subject to the provisions of these terms and conditions of carriage, the Convention and any applicable laws, the Carrier is not liable for or in connection with any: (a) Loss sustained to Baggage, including (without limitation) Loss which is solely the result of normal wear and tear; (b) illness, injury or death of any person, including (without limitation) any illness, disability or personal injury to, or death of, a Passenger caused or aggravated by the air travel where such travel posed a risk to the Passenger due to the Passenger's age, physical or mental condition;

(c) Loss caused by a Passenger's negligence or breach of these terms and conditions or the Passenger's failure to comply with applicable laws, regulations, orders or requirements of any applicable country;

(d) Loss caused by the Carrier's compliance with applicable laws, regulations, orders or requirements of any applicable country;

(e) death, personal injury, delay or Loss caused by anything in a Passenger's Baggage (and each Passenger agrees to indemnify the Carrier for any death, injury, delay or Loss caused by the Passenger's Baggage to other persons or property, including the Carrier's property); or

(f) Loss arising out of or in any way connected to the provision of transport and other services to the Passenger (whether arising from negligence or otherwise) including, without limitation, any change to the transport or services described in or covered by the Booking or inaccuracies or errors in any information related to transport, services or pricing. The Carrier will rely on all limitations of liability and defences under the Convention and any applicable law. The Carrier reserves all rights against any other person, including rights of contribution and indemnity.

2. Subject to these terms and conditions, the Carrier's liability for personal injury or death of a Passenger and for loss of or damage to Baggage is limited by the Convention. Where the Passenger's International Travel originates in New Zealand, the Carrier's liability for Registered Baggage is limited to NZ$44.50 per kilogram and liability for Carry-on Baggage is limited to a maximum of NZ$890. If the weight of a Passenger's Registered Baggage is not recorded on the baggage check, it is presumed that the total weight of the Registered Baggage does not exceed the applicable Weight Limit.

PASSENGER BAGGAGE

1. The Carrier does not accept the following items as Baggage and does not accept liability for their loss or damage unless the items are identified to the Carrier and it has, in its absolute discretion, given its written acceptance for carriage and accepted liability in writing for their loss or damage:

(a) Cash, credit cards, deeds, passports and other travel documents, securities, business documents or other valuable documents;

(b) Jewellery, antiques, precious metals or similar valuable items;

(d) Any item of a perishable nature eg. seafood;

(e) Medicines;

(f) Electrical or electronic components eg. computers, cameras;

(g) Any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air.

2. The Carrier's liability for lost or damaged Baggage is not new for old replacement and is limited to the actual loss suffered by the Passenger.

3. Written claims must be made upon the Carrier: in respect of damage to or loss or destruction of Baggage (or part thereof), within 7 days of when the Passenger should have received the Baggage from the Carrier; in respect of damage, loss or destruction of Carry-on Baggage, within 3 days from the date when the carriage ended; or in respect of delay of Baggage, within 21 days of the Passenger receiving the Baggage from the Carrier. Acceptance of Baggage by the Passenger without complaint at the time of delivery presumes that the Baggage has been delivered in good condition and in accordance with these terms and conditions, unless the Passenger proves otherwise.

4. Unless extinguished earlier by these terms and conditions, the Convention or applicable law, a Passenger's right to claim damages against the Carrier will expire if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.

5. Each Passenger (except an infant not occupying an aircraft seat) is entitled to carry on board (unless the Carrier directs such be stowed in the aircraft hold) either one briefcase or small bag, in either case not exceeding depth 23cm, height 34cm, length 48cm, and one suitpack or garment bag, in either case non-rigid/unfolded and not exceeding thickness 11cm, width 60cm, length 114cm (or another such briefcase or small bag instead of the suitpack/garment bag). The total weight of all Carry-on Baggage of each Passenger (except infants not occupying an aircraft seat) must not exceed 7kg. If any Carry-on Baggage exceeds these limits the Carrier may direct such baggage be stowed in the aircraft hold and in this event the Carrier will treat the Carry-on Baggage as Baggage and may charge a Baggage Fee.

6. Crutches or other prosthetic devices may be carried in the cabin provided the Passenger is dependent upon their use in respect of the journey being undertaken.

7. Subject to complying with the dimension and weight restrictions published on the Carrier's Website, mobility aids and wheelchairs which Passengers may reasonably need to use in respect of the journey being undertaken will be stowed in the aircraft hold during the flight and carried free of charge.

8. Each Passenger (except an infant not occupying an aircraft seat) is also entitled to carry up to the Weight Limit of Baggage. The Carrier may in its discretion charge a Passenger a non refundable Baggage Fee for carrying the Baggage. Baggage that exceeds the designated Weight Limit may be accepted by the Carrier at its absolute discretion and upon payment by the Passenger of the applicable excess baggage charge (at the rates specified on our website, which are subject to change at any time without notice) prior to carriage. No individual piece of Baggage may exceed 32 kg or total linear dimensions (depth, width and length) of 140cm. All Baggage not meeting these requirements or total Baggage exceeding the designated Weight Limit or 140cm total linear dimensions will only be carried at the Carrier's discretion and may be carried on a later flight. Carrier will use all reasonable endeavours to ensure carriage of a Passenger's baggage, on the same flight as the Passenger. However, in some circumstances, aircraft operational limitations (for example, aircraft weight restrictions caused by unusually strong headwinds or very hot weather) may mean that Carrier is unable to carry a Passenger's baggage on the same flight the Passenger. If this occurs, the Carrier will carry the Passenger's baggage on the next available flight. Infant equipment, including carry baskets, capsules or strollers, and sports equipment will be carried in accordance with the Carrier's policies set out on the Carrier's Website and will be stowed in the aircraft hold during the flight.

9. Passengers must not take or permit to be taken onto the aircraft or as Baggage any dangerous goods or potentially dangerous goods including : Compressed gases (eg refrigerants, gases such as butane, aqualung cylinders, liquid nitrogen, oxygen); Infectious substances (eg live virus cultures, bacterial strains); Corrosive substances (eg acids, alkalines, mercury, wet cell batteries); Flammable liquids or solids (eg fuel of any kind, matches (except safety matches), paints, thinners); Explosives (eg firearms, ammunitions, fireworks, flares); Radioactive and magnetised materials; Oxidising materials (eg bleach, peroxide); Poisons (eg weedkillers, insecticides); Dead animal matter; Live animals (except as in clause 18); Weapons of any type (eg knives, box cutters, any item confiscated by airport security); or items the carriage of which is prohibited by the applicable laws, regulations or orders of any country to be flown from, to or over. The Carrier is entitled to destroy, abandon, withhold or retain such goods (without any liability to the Passenger) and produce them as evidence in any proceedings or inquiry as it considers appropriate.

TRAVEL PRICE

The price of the travel the subject of the Booking may include taxes, imposts or fees which are imposed by governments or other authorities in relation to air transportation. Passengers may be required to pay taxes, imposts or fees which have not already been collected.

GENERAL

1. These terms and conditions of carriage may not be altered, modified or waived by any person (including the Carrier's agents, servants, employees or representatives).

2. These terms and conditions also apply to the Carrier's employees, agents and representatives, all other carriers