General conditions of carriage - passenger and baggage
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1. DEFINITIONS OF PARTICULAR EXPRESSIONS IN THIS DOCUMENT
As you read this document, please note that:
"We", "our" "ourselves" and "us" means Montenegro Airlines.
"You", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "Passenger").
"AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.
"AIRLINE DESIGNATOR CODE" means the two-characters or three letters which identify particular air carriers.
"AUTHORISED AGENT" means a passenger sales agent who has been appointed by us to represent, us in the sale of air transportation on our services.
"BAGGAGE" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage.
"BAGGAGE CHECK" znači oni djelovi karte koji se odnose na prevoz vašeg registrovanog prtljaga.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage.
"CARRIER" means an air carrier other than ourselves, whose airline designator code appears on your Ticket or on a Conjunc- tion Ticket.
"CHECKED BAGGAGE" means Baggage of which we take custody and for which we have issued a Baggage Check.
"CHECK-IN DEADLINE" means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.
"CONDITIONS OF CONTRACT" means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.
"CONJUNCTION TICKET" means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage.
"CONVENTION" means whichever of the following instruments are applicable:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
- The Warsaw Convention as amended at The Hague on 28 September 1955;
- The Montreal Agreement (1966);
- 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.3 of Montreal (1975);
- The Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975);
- Guadalajara, supplementary Convention (1961) (Guadalajara);
- The Montreal Convention (1999).
"COUPON" means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it.
"DAMAGE" includes death, wounding, or bodily injury to a passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental hereto performed by us.
"DAYS" mean all seven days of the week. For the purpose of sending notices, the day on which notice is sent shall not be counted; and for the purposes of determining duration of validity of a Ticket, the day on which the Ticket was issued, or the first flight commenced shall not be counted.
"ELECTRONIC COUPON" means an electronic flight coupon or other value document held in our database.
"ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.
"FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage", or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
"FORCE MAJEURE" means unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.
"ITINERARY/RECEIPT" means a document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger's name, flight information and notices.
"PASSENGER" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "you", "your" and "yourself").
"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
REGULATION (EC) No 261/2004 means Regulation of the European Parliament and of the Council, of 11th February 2004, establishing common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights, and repealing Regulation (EEC) 295/91.
REGULATION (EC) No 2027/97 means Regulation of European Parlianment and of the Council, of 9 October 1997, establishing common rules on air carrier liability in respect of the carriage of the passengers and their baggage by air, as ammended by Regulation (EC) 889/2002 of 13 May 2002.
"SDR'S" means a Special Drawing Right as defined by the International Monetary Fund.
"STOPOVER" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
"TARIFF" means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.
"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.
"UNCHECKED BAGGAGE" means any of your Baggage other than Checked Baggage.
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2. APPLICABILITY
2.1. GENERAL
Except as provided in Articles 2.2, 2.4 and 2.5, our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code is indicated in the carrier box of the Ticket for that flight or flight segment.
2.2. CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the Ticket.
2.3. CODE SHARES
On some services we have arrangements with other carriers known as "Code Shares". This means that even if you have a reservation with us and hold a ticket where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft at the time you make a reservation.
2.4. OVERRIDING LAW
These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail.
If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.5. CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, dealing with particular subjects, these Conditions of Carriage shall prevail.
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3. TICKETS
3.1. GENERAL PROVISIONS
3.1.1. We will provide carriage only to the Passenger named in the Ticket, and you may be required to present appropriate identification.
3.1.2. A Ticket is not transferable.
3.1.3. Some Tickets are sold at discounted fares which may be partially or completely non-refundable. For individual rules please refer to the respective fare conditions. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.
3.1.4. If you have a Ticket, as described in 3.1.3 above, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and provide evidence of such Force Majeure, we will provide you with a credit of the non-refundable amount of the fare, for future travel on us, subject to deduction of a reasonable E administration fee.
3.1.5. The Ticket is and remains at all times the property of the issuing carrier.
3.1.6. Except in the case of an Electronic Ticket, you shall no be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. In addition you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorised Agent. In the case of an Electronic Ticket, shall not be entitled to be carried on a flight unless you provided positive identification and a valid Electronic Ticket has been duly issued in your name.
3.1.7.
a) In case of loss or mutilation of a Ticket (or part of it by you or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon your request WE will replace such Ticket (or part of it) by issuing a new Ticket provided there is evidence, readily ascertainable at the time that a Ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another carrier for misuse of the Ticket. We will not claim reimbursement from you for any such losses which result from our own negligence. The issuing carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier, or its agent.
b) Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been user before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.3.1.8. A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.2. PERIOD OF VALIDITY
3.2.1. Except as otherwise provided in the Ticket, these Conditions, or Tariffs which apply (in which case the limitation will be shown on the Ticket), a Ticket is valid for travel for:
a) one year from the date of issue; or
b) subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.3.2.2. When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations we are unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a refund in accordance with Article 10.
3.2.3. If after having commenced your journey, you are prevented from travelling within the period of validity of your Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed, on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket, the electronic coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the recovery date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.
3.2.4. In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger's Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than fortyfive (45) Days from the date of the death.
3.3. COUPON SEQUENCE AND USE
3.3.1. The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket. It forms an essential part of our contract with you. The Ticket will not be honored and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.
3.3.2. Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
3.3.3. Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower but otherwise, your unused Coupons have no value.
3.3.4. Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
3.3.5. Each Flight Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested.
3.3.6. Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
3.4. NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "carrier" box in the Ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment in the Itinerary Receipt.
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4. FARES, TAXES, FEES AND CHARGES
4.1. FARES
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may impact the fare to be paid.
4.2. TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.
4.3. CURRENCY
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our Authorised Agent, at or before the time payment is made (for example, because of the non- convertibility of the local currency). We may at our discretion, accept payment in another currency.
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5. RESERVATIONS
5.1. RESERVATION REQUIREMENTS
5.1.1. We or our Authorised Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).
5.1.2. Certain fares have conditions which limit or exclude your right to change or cancel reservations.
5.2. TICKETING TIME LIMITS
If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorised Agent, we may cancel your reservation.
5.3. PERSONAL DATA
You recognise that personal data have been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other Carriers or the providers of the above mentioned services.
5.4. SEATING
We will endeavour to honour advance seating requests, however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
5.5. RECONFIRMATION OF RESERVATIONS
5.5.1. Onward or return reservations may be subject to the requirement to reconfirm the reservations within specified time limits. We will advise you when we require reconfirmation, and how and where it should be done. If it is required and you fail to reconfirm, we may cancel your onward or return reservations. However, if you advise us you still wish to travel, and there is space on the flight, we will reinstate your reservations and transport you. If there is no space on the flight we will use reasonable efforts to transport you to your next or final destination on a later flight.
5.5.2. You should check the reconfirmation requirements of any other Carriers involved in your journey with them. Where it is required, you must reconfirm with the Carrier whose code appears for the flight in question on the Ticket.
5.6. CANCELLATION OF ONWARD RESERVATION'S
Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
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6. CHECK-IN AND BOARDING
6.1. Check-in Deadlines are different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. We or our Authorised Agents will advise you of the Check-in Deadline for your first flight on us. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found in our timetable, or may be obtained from us or our Authorised Agents.
6.2. You must be present at the boarding gate not later than the time specified by us when you check-in.
6.3. We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
6.4. We will not be liable to you for any loss or expense incurred if due to your failure to comply with the provisions of this Article.
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7. REFUSAL AND LIMITATION OF CARRIAGE
7.1. RIGHT TO REFUSE CARRIAGE
Montenegro Airlines may refuse the carriage of you or your baggage for reasons of safety, or if, in the exercise of its reasonable discretion, Montenegro Airlines determines that:
7.1.1. such action is necessary in order to comply with any applicable laws, regulations, or orders of any country to be flown from, to or over; or
7.1.2. your conduct, age, mental or physical state is such as to
7.1.2.1. require our special assistance; or
7.1.2.2. involve any hazard or risk to you, other passengers, crew or their property; or
7.1.2.3. such action is necessary because you have failed to observe our instructions; or
7.1.2.4. you have refused to submit to a security check; or
7.1.2.5. you have failed to observe the rules set forth in the Article 3.3 herein, which relates to the sequence of coupons and their usage; or
7.1.2.6. you have not paid the applicable fare or any charges or taxes payable; or
7.1.2.7. you appear not to be properly documented, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
7.1.2.8. the carriage of you or your baggage may endanger or affect the safety, health and comfort of other passengers or crew; or
7.1.3. you present a Ticket
7.1.3.1. that has been acquired unlawfully, has been purchased from an entity other than Montenegro Airlines or its Authorized Agent; or
7.1.3.2. that has been reported as being lost or stolen; or
7.1.3.3. that is a counterfeit ticket; or
7.1.3.4. you cannot prove that you are the person named in the Name of Passenger box;
7.1.3.5. one of which flight coupons has been altered by anyone other than Montenegro Airlines or its Authorized Agent, in which case Montenegro Airlines reserves the right to retain such a ticket; or
7.1.4. You fail to observe our instructions with respect to safety or security.
7.2. SPECIAL ASSISTANCE
Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrange- ment with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
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8. BAGGAGE
8.1. FREE BAGGAGE ALLOWANCE
Certain volume of Baggage will be carried complimentary on Us, subject to our conditions and limitations, which are available upon request from us or our Authorized Agents.
8.2. EXCESS BAGGAGE
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request and are available at Montenegro Airlines offices or at our Authorized Agents.
8.3. ITEMS UNACCEPTABLE AS BAGGAGE
8.3.1. You must not include in your Baggage:
8.3.1.1. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);
8.3.1.2. items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
8.3.1.3. items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.
8.3.2. Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and lATA regulations as specified in 8.3.1.1.
8.3.3. Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.
8.3.4. You must not include in Checked Baggage money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, busi- ness documents, passports and other identification documents or samples.
8.3.5. If, despite being prohibited. any items referred to in 8.3.1, 8.3.2 and 8.3.4 are included in your Baggage, we shall not be responsible for any loss or damage to such items.
8.4. RIGHT TO REFUSE CARRIAGE
8.4.1. Subject to paragraph 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in 8.3, and we may refuse further carriage of any such items upon discovery.
8.4.2. We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for car