These General Conditions of Carriage govern S.C. CARPATAIR S.A. în insolvenţă, in insolvency, en procedure collective (dos. 439/30/2014 Tribunalul Timis), having its registered office at Ghiroda, No. 2, Aerport Street, Timis County, Romania, registered with the Trade Register under incorporation code J35/777/2003 and with Fiscal Code RO 4258968, share capital subscribes and paid 18.006.800,00 RON, relationship ,as a Carrier, with its Passengers and all the situations regarding the Passengers' Carriage on an aircraft operated by CARPATAIR or pursuant to a Ticket on which CARPATAIR’s Airline Designator Code appears for that Flight.
The Passengers’ rights and duties towards CARPATAIR and vice versa in this matter are outlined in these General Conditions of Carriage. Thus, CARPATAIR strongly advises its Passengers to read carefully the General Conditions of Carriage as they set out various information of great interest.
Liability Limitations and Passenger Rights (as per Regulation (EC) No. 261/2004), also providing information of great utility for Passengers, are parts of CARPATAIR’s General Conditions of Carriage treated separately in order to draw attention to their importance and to facilitate the Passengers' access to this information.
These General Conditions of Carriage may be subject to amendments without prior notice. The version in effect, at any given time, is the one most recently published and is available at www.carpatair.com.
“We”, “our”, “ourselves” and “us” denotes S.C. CARPATAIR S.A. or CARPATAIR.
“(Authorized) Agent” is a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
“Agreed Stopping Places” are those places, with the exception of the Place of Departure and the Place of Destination, expressly defined as scheduled stopping places on your route in the Ticket or published as such in our Timetable.
“Air Carrier” (Carrier) includes Carpatair and an Air Carrier other than Carpatair, whose Airline Code appears on your Ticket or on a Conjunction Ticket.
“Airline Designator Code” is an alphanumeric code of 2 or 3 characters designating a particular Carrier and shown on the Ticket.
“Baggage” is all personal property and all the items accompanying you in connection with your journey. Unless otherwise specified, it consists of both Checked and Unchecked/Carry-on Baggage.
“Baggage Tag” is a document issued by us to identify your Checked Baggage. It consists of a Baggage Tag that is attached to your Baggage, and a baggage redemption tag given to you.
“Boarding Pass” is a document permitting you to board the aircraft, issued at the check-in counter against the corresponding Flight Coupon, which contains the time of boarding, the number of the boarding gate and the seat number.
“Carriage” is transportation of Passenger and/or Baggage by air.
“Carry-on Baggage/Hand Baggage” is Baggage that is not considered Checked Baggage with respect to its weight, size, and content and remains in the custody of the Passenger for the duration of the whole journey.
“Checked Baggage” is Baggage that we have taken into custody at Check-in, and for which we have issued a Baggage Tag. “Check-in” is the process of acceptance for Flight of a Passenger and his/her Baggage, consisting of Travel Documents check and issuance of the Boarding Pass and the Baggage Tag.
“Check-In Deadline” is the time limit specified by us or by an Air Carrier, by which you must have completed the Check-in formalities and received your Boarding Pass.
“Conditions of Contract” are the excerpted conditions that are contained in or delivered with your Ticket or Itinerary Receipt, referred to as such and which incorporate by reference these General Conditions of Carriage (Passenger and Baggage) as part of your transportation contract.
“Conjunction Ticket” is a Ticket issued to a Passenger in conjunction 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 on 12 October 1929 (hereinafter referred to as the Warsaw Convention)
- the Warsaw Convention as amended at The Hague on 28 September 1955
- the Warsaw Convention as amended by Additional Protocols No 1, 2 and 4 of Montreal (1975)
- the Convention Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, signed at Guadalajara on 18 September 1961
- the Convention for the Unification of Certain Rules For International Carriage by Air, signed at Montreal on 28 May 1999, whichever may be applicable, and as such are amended from time to time, but depending on such amendments have been duly ratified by the State of Romania.
“Damage” includes death, injury, damages due to delay, partial loss or other damage of whatsoever nature arising out of or in connection with Carriage or other associated services performed by us incidental thereto.
“Days” are calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for the purpose of determining duration of validity of a Ticket, the day upon which the Ticket is issued or the Flight is commenced shall not be counted.
“Delivery at Aircraft tag” is a document placed on pushchairs/strollers, wheelchairs and other Baggage taken away from you at the door of the aircraft. These items are carried in the baggage hold and handed back to you at the aircraft door at the time of disembarkation.
“Electronic Coupon” is a Coupon in electronic form.
“Electronic Ticket”, see Ticket”
“Excess Baggage Ticket” is a document issued upon the payment for excess Baggage weight or pieces beyond the free baggage allowance.
“Fare” is the price of Carriage from the Place of Origin to the Place of Destination. The fare does not include: taxes, fees, charges, ground transportation between airports, airport terminals and city centers, unless the parties explicitly agree otherwise. The Fare may also include supplementary charges imposed by CARPATAIR beyond the price of Carriage, under extraordinary circumstances.
“Flight Coupon” is that portion of the Ticket bearing the remark “Flight Coupon” or “good for passage”, or, in the case of an Electronic Ticket, the Electronic Coupon, which indicates the particular places between which the Coupon entitles you to travel.
“Flight Segment” is a portion of transportation between two places, which is carried out by us or by another Air Carrier.
“Force Majeure” are unusual and unforeseeable circumstances beyond our or your control, the consequences of which could not have been avoided even if all due care had been exercised.
“Gate” is the place at the airport of departure, where following Check-in, Customs clearance and border crossing, the Passenger is allowed boarding the aircraft, against checking of the Boarding Pass and ID.
“I.A.T.A. (International Air Transport Association)” is a private legal entity created in April 1945 in Montreal, with the purpose to develop safe, regular and economical air Carriage and to promote air services. More information is available on the website www.iata.org
“I.C.A.O. (International Civil Aviation Organization)” is an agency of the United Nations dealing with the regulations of civil aviation. More information is available on the website www.icao.int
“Immediate Family Member” means spouse, life partner, fiancée, direct descendants and ascendants, adopted, foster and step children, adoptive, foster and step-parents and brothers and sisters.
“Itinerary Receipt” is a document or documents issued by us, containing the name of the Passenger, Flight information and other information.
“Passenger” is any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket (see also the definition for “you”, “your” and “yourself”).
“Passenger Coupon/ Passenger Receipt” is that portion of the Ticket that remains permanently in your possession.
“Place of Departure” is the airport from which travel initially commences as shown on the Ticket.
“Place of Destination” is the airport where the Passenger reaches the ultimate stopping place as shown on the Ticket.
“Reservation/ Booking” is the allotment in advance of seating for a Passenger or of space or weight capacity for Baggage.
“SDR” is a Special Drawing Right as defined by the International Monetary Fund.
“Stopover” is a scheduled stop on your journey, at a point between the departure airport and the destination airport, exceeding 24 hours.
“Tariff” is the amount to be paid for the transportation of a Passenger including Baggage, as well as the conditions applicable thereto.
“Ticket” is either the document entitled “Passenger Ticket and Baggage Check” or the Electronic Ticket; it includes the Conditions of Contract and notices, as well as the Flight and Passenger Coupons.
“Timetable” is a regular publication of CARPATAIR, for information purposes only, containing the place (city) and time of departure and arrival, as well as the routes of the scheduled Flights of CARPATAIR and its contracting partners.
“Travel Documents” are documents demanded from the Passenger such as passport, visa, permits, certificates, letters of invitation, etc.
“Unchecked Baggage/Hand Baggage” is any Baggage that is not checked and therefore not consigned to CARPATAIR and can be carried free of charge in the Passenger’s cabin provided its dimensions/ weight/ content are within the limits defined by the applicable regulations.
“You”, “your” and “yourself” is any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket (see also definition for “Passenger”).
a) These General Conditions of Carriage are the Conditions of Carriage of CARPATAIR referred to in the Ticket and, except as provided in paragraph 2.2 of this Article, apply to all Carriage of Passengers and Baggage only on those Flights, or Flight Segments, where CARPATAIR is designated as the Carrier for that Flight Segment.
b) These Conditions of Carriage also apply to gratuitous and reduced fare Carriage, except to the extent that we have provided otherwise in the relevant Contracts or Tickets.
2.2 Charter Flights
If transportation is performed pursuant to a charter agreement, these General Conditions of Carriage apply only to the extent to which they are incorporated by reference or otherwise in the Conditions of the Charter Agreement or the Charter Ticket.
2.3 Code Share Flights
On some services CARPATAIR has 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 Code is indicated as the Carrier, another Air Carrier may operate the aircraft. These General Conditions of Carriage also apply to such transportation. In case of such a “Code Share”, we or our agents will advise you of this fact at the time you make the reservation.
All Carriage shall be subject to CARPATAIR General Conditions of Carriage and our Tariff regulations in effect at the date of Ticket issuance or, if such date cannot be ascertained, at the date of commencement of Carriage covered by the first Flight Coupon of the Ticket.
2.5 Overriding Law
In the event of inconsistency between these General Conditions of Carriage and our Tariffs or the applicable law, these Tariffs or the applicable law shall prevail over the General Conditions of Carriage.
In the event that any regulation of these General Conditions of Carriage is invalid under the relevant applicable law, the remaining provisions shall be unaffected.
W miejsce nieważnych postanowień zastosowanie mają przepisy Prawa Właściwego.
2.6 Regulations of the Air Carrier
Except as provided in these General Conditions of Carriage, in the event of inconsistency between these General Conditions of Carriage and other regulations, these General Conditions of Carriage shall prevail.
3.1 General Provisions
3.1.1 The Ticket constitutes the evidence of the Contract of Carriage between the Carrier and the Passenger named on the Ticket; the Passenger may therefore be required to produce appropriate identification at any time.
3.1.2The Ticket is not transferable. If a Ticket is presented by someone other than the person entitled to be carried thereunder or to a refund in connection therewith, CARPATAIR shall not be liable to the person so entitled if in good faith it provides Carriage or makes a refund to the person presenting the Ticket.
3.1.3 The Ticket will be issued only upon full payment of the applicable fare or in accordance with the credit arrangements established with Carpatair. Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs.
3.1.4Except in the case of an Electronic Ticket, you shall not be entitled for Carriage on a Flight unless you are in possession of a valid Ticket containing the Flight Coupon for that Flight and all other unused Flight Coupons and the Passenger Coupon. Furthermore, you shall not be entitled for Carriage if your Ticket has in any way been altered other than by us or our Authorized Agent. In the case of an Electronic Ticket, you shall not be entitled for Carriage unless you can provide positive identification and a valid Electronic Ticket has been duly issued in your name.
a)In case of loss, theft or damage of a Ticket (or a part of it) bought through us or one of our Agents or in case of non-presentation of the same, upon your request we will replace such a Ticket (or a part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket for the Carriage in question had been 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 due to misuse of the Ticket. 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. The issuing Carrier may charge a reasonable administration fee for this service, unless the loss or damage was due to the negligence of the issuing Carrier, or one of its agents.
b) Where such evidence is not available or you do not agree to sign such an agreement, we or the Carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, which we will refund if and when we are presented with evidence that the lost or mutilated Ticket has not been used before the expiry of its validity; subject to an administration fee.
3.1.6 After their use, the Flight Coupons remain the property of the issuing Carrier.
3.2 Period of Validity
Unless otherwise stated on the Ticket, in these General Conditions of Carriage and in the applicable fare rules, which may change the period of validity of the Ticket (in which case such changed term will be shown on the Ticket), a Ticket is valid 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 the first travel under the Ticket.
A Ticket issued at a special fare is valid for Carriage only for the period and subject to the conditions as notified by CARPATAIR in its Tariff regulations. The original validity shall apply in case of rerouted Tickets.
3.3 Extension of Validity
If, after having commenced your journey, you are prevented from traveling within the period of validity of the Ticket because we:
a) are unable to provide space on the Flight at the time you request reservation;
b) cancel the Flight on which you hold a reservation;
c) omit a scheduled stop, being your Place of Departure, Place of Destination or a Stopover;
d) fail to operate a Flight reasonably according to the schedule;
e) cause you to miss a connection;
f)substitute a different class of service;
g) are unable to provide previously confirmed space,
the validity of your Ticket will be extended until our first Flight on which space is available for you in the class of service for which the fare has been paid or you may be entitled to a refund in accordance with Article 10.
If, after having commenced your journey, you are prevented from traveling within the period of validity of the 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 was interrupted on which space is available and exclusively in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. If 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 a Ticket may be extended for not more than three months from the date shown on the medical certificate. Under these circumstances, we will similarly extend the period of validity of Tickets of other Members of your Immediate Family accompanying you.
In the event of death of a Passenger during his/her journey, 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 extended. Any such modification shall be made only upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than 45 days from the date of the death.
3.4 Coupon Sequence and Use
3.4.1 The Ticket you have purchased is valid only for 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 on our Tariff, 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 for in the Ticket. In particular the Ticket does not entitle you to commence your journey at any of the specified Stopover points if the first Coupon for an international flight has not in fact been used for transportation.
3.4.2 Should you wish to change any aspect of your transportation, you must contact us in advance. The fare for your new transportation must be re-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 your transportation due to Force Majeure, you must contact us as soon as practicable and furnish us with evidence of such Force Majeure. In this case we will undertake all reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
3.4.3 Should you change your itinerary without our agreement, we will assess the applicable price for your actual transportation. In this case you will have to pay the difference between the price you have already paid and the total applicable price for the new route you have selected.
3.4.4 Please be aware that while some changes in itinerary 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 of your travel, may well result in an increase in price. Furthermore, many fares are valid only on certain days and/or for the Flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
3.4.5 Each Flight Coupon contained in your Ticket is valid, in accordance with the applicable fare, only for transportation in the booking class and on the date and Flight for which space has been reserved. If a Ticket was issued without a reservation being specified, space may be later reserved, subject to our Tariff and space available on the Flight requested.
3.5 Name of Carrier
CARPATAIR’s name, as a Carrier, may appear in abbreviated form on the Ticket and may be reduced to Airline Designator Code.
Fares apply only for carriage from the departure airport to the destination airport, unless otherwise expressly stated. The fares do not include ground transport service between airports, or between airports and town terminals.
The fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specified dates and itinerary. Should you change your itinerary or your dates of travel, this may therefore affect the fare to be paid.
4.2 Taxes, Fees and Charges
Applicable taxes, fees and charges imposed by the government or other authority, or by airport operators, shall be payable by you. At the time you purchase your Ticket, you will be advised of the taxes, fees and charges not included in the fare, usually shown separately on the Ticket. These 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. On the other hand, in the event that any taxes, fees or charges that you have paid at Ticket issuance are abolished or reduced, you are entitled to claim a refund.
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket has been issued, unless another currency is indicated by us or our Authorized Agent at or before the time when you make the payment (for example, due to non-convertibility of the local currency). We may, at our discretion, accept payment in another currency. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established for such purpose by us.
4.4 Payment refusal consequence
We shall not be obliged to carry, and may refuse onward Carriage of a Passenger or his/her Baggage if the applicable fare or any charges or taxes payable have not been paid.
5.1 Reservation requirements
We or our Authorized Agent will record your reservation. Upon request, we will provide you with written confirmation of your reservation.
5.2 Ticketing time limits
We may cancel a reservation without notice if you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorized Agent.
5.3 Personal data
Please note that you have given us your personal data for the purposes of making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing certain services, facilitating immigration and entry procedures and that we may provide such data to government authorities in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit them to our own offices, Authorized Agents, government authorities, other Carriers or to the providers of the above-mentioned services.
We will endeavor to honor 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 in time when we require reconfirmation, as well as how and where it should be done. If this is required and you fail to reconfirm, we may cancel your onward or return reservations. Should you inform us that you nevertheless wish to travel and there is space available on the Flight in the required booking class, we will exercise all efforts to transport you to your next or final destination.
5.5.2 In any case, you should also check the reconfirmation requirements of any other Carriers involved in your journey. Where it is required, we request that you reconfirm your Flight with the Air Carrier whose Code appears in the “Carrier/Flight” box on your Ticket.
5.6 Cancellation of onward reservations
If you do not show up for a Flight and do not advise us in advance, we may cancel onward and/or return reservations. However, if you do inform us in advance, we will not cancel your subsequent Flight reservation.
Check-in Deadlines are different at every airport and we recommend you to inform yourself on time and honor them. Your journey will be smoother if you allow ample time to respect the Check-in Deadlines.
We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines. We or our Authorized Agents will be glad to advise you of the Check-in Deadline of your first Flight with us. You may also obtain these Deadlines from our Timetable. For any subsequent onward or return Flight on your journey, you must however inform yourself. We are not liable to you for loss or expenses due to your failure to comply with the provisions of this Article.
6.1 You must be present at the boarding gate no later than the time specified by us when you check in.
6.2We may cancel your reservation if you fail to arrive on time at Check-in or at the boarding gate.
7.1 Right to Refuse Carriage
In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage on our Flights, provided that we have previously notified you in writing. Under these circumstances you will of course be entitled to a refund.
We may also refuse to carry you or your Baggage if one of the following has occurred, or we have reason to believe will occur:
7.1.1 such action is necessary in order to comply with any applicable national or international regulations; or
7.1.2 the Carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort of other Passengers or crew; or
7.1.3 your mental or physical condition, including your impairment by alcohol or drugs, presents a hazard or risk to yourself, to Passengers, crew or property; or
7.1.4 you have committed misconduct on a previous Flight, and we have reason to believe that such conduct may be repeated; or
7.1.5 you have refused to submit to a security check; or
7.1.6you have not paid the applicable fare, taxes, fees or charges; or
7.1.7you do not appear to have valid Travel Documents, may seek to enter a country which you are only entitled to 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; or
7.1.8 you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorized Agent, or has been reported lost or stolen, or you cannot prove that you are the person named in the Ticket; or
7.1.9you have any Flight Coupon either altered by anyone other than us or our Authorized Agent; or
7.1.10you have failed to comply with the requirements set forth in Article 3.4 above concerning Coupon sequence; or
7.1.11you fail to observe our instructions with respect to safety and security or other instructions.
7.2 Special Assistance
Acceptance for Carriage of unaccompanied children, incapacitated persons, pregnant women, and persons with illness or other people requiring special assistance is subject to express prior arrangement with us. Such Passengers shall not be subsequently refused Carriage on the basis of such disability and/or special requirements.
8.1 Free Baggage Allowance
You may carry with you a certain amount of Baggage free of charge, subject to our conditions and limitations, which are available upon request from us or which may be obtained from the Passenger Coupon, as well as from the Conditions of Contract printed on the Ticket.
Where two or more Passengers, traveling as one family or as one party to a common destination and departing on the same Flight, present themselves for traveling at the same time and place, they shall be permitted a total free baggage allowance equal to the combination of their individual free baggage allowances.
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 or our Authorized Agents upon request.
8.3 Items Unacceptable as Baggage
8.3.1 You may not include in your Baggage:
126.96.36.199items which are likely to endanger the aircraft, persons or property on board the aircraft, in particular those specified in the “Dangerous Goods Regulations” of ICAO (International Civil Aviation Organization) and IATA (International Air Transport Association) and in other regulations (further information is available from us upon request);
188.8.131.52items, the Carriage of which is prohibited by the applicable laws, regulations or other orders of the state of departure, or of the state that is being flown to or over;
184.108.40.206 items, which are considered by us to be unsuitable for Carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or because of being fragile or perishable, are unsuited for transport as Baggage. Information about unacceptable items is available from us upon request;
220.127.116.11 live animals, except as provided for in paragraph 8.10 of this Article;
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 in accordance with our conditions, whereby firearms must be unloaded with the safety catch on, as well as suitably packed. Carriage of ammunition is subject to the regulations as specified in 18.104.22.168 above;
8.3.3 Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, but will not be permitted in the cabin of the aircraft;
8.3.4You must not include in Checked Baggage money, jewelry, prescription medicines, eyeglasses, computers (Laptops, PCs), cameras, mobile phones, other personal electronic equipments, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples;
8.3.5In the event that any objects as described at 8.3.1, 8.3.2 and 8.3.4 are located in your Baggage, however, we are not liable for the loss of or damage to these objects, on the precondition that the loss or damage has not been caused as a consequence of grossly negligent or willful behavior on our part.
8.4 Right to Refuse Carriage
8.4.1 We reserve the right to refuse Carriage of items referred to in Article 8.3, and we may refuse further Carriage of any such items discovered during transportation.
8.4.2We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for Carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or for the comfort of other Passengers. Information about unacceptable items is available from us upon request.
8.4.3We may refuse to accept Baggage for Carriage if it is in our reasonable opinion not properly and securely packed. Information about packing unacceptable to us is available from us upon request.
8.5 Right of Search
For reasons of safety and security, we may request that you permit a search or scan of your person, as well as a search or scan of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in the possession of or whether your Baggage contains any item described in Article 8.3 above. If you are unwilling to comply with such a request, we may refuse to carry you and your Baggage. In the event that a search or scan causes damage to your Baggage, we shall not be held liable for such damage, except for cases of intent and gross negligence.
8.6 Checked Baggage
Upon delivery to us of the Baggage that you wish to check, we will take it into our custody, and issue a Baggage Tag for each piece of your Checked Baggage.
8.6.1 Checked Baggage must have your name or other personal identification affixed to it.
8.6.2 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety or security reasons to carry it on an alternative Flight. If your Checked Baggage is carried on a subsequent Flight, we will deliver it to you upon arrival to the destination, unless the applicable law requires you to be present for Customs clearance.
8.7 Unchecked/Hand Baggage
8.7.1 The maximum dimensions and weight for Unchecked (Carry-on/ Hand) Baggage are specified in the Ticket. Furthermore, it must fit under the seat in front of you or in a baggage compartment, otherwise it must be checked.
8.7.2Unchecked Baggage must also comply with the Carrier's further regulations. If the Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage. Such Baggage may be checked at any time before the departure of the Flight.
8.7.3Objects not suitable for Carriage in the hold (such as delicate musical instruments), and which do not meet the requirements of Article 8.7.1 above, will only be accepted for Carriage in the cabin if you have given us notice in advance and permission has been granted by us. We will request you to pay a separate charge for this service. Information on this service is available from us upon request.
8.8 Collection and Delivery of Checked Baggage
8.8.1. You must collect your Baggage as soon as it is made available at the destination airport or Stopover location. Should your Checked Baggage not be claimed within six months after the time it is made available, we may dispose of it without any liability for subsequent damage. This exclusion of liability is only applicable to customers where the Baggage is not collected as a result of deliberate or grossly negligent actions on our part.
8.8.2Only the bearer of the Baggage Check is entitled to the delivery of the Baggage. We are however not responsible for checking that the bearer of the Baggage Check is the rightful recipient of the Baggage to be delivered.
8.8.3 If a person claiming the Checked Baggage is unable to produce the Baggage Check, we will deliver the Baggage to such person only on the condition that we are satisfied that this is the rightful owner of the Baggage. Such person must undertake in writing to assume all damages arising from the return of the Baggage.
8.8.4Acceptance of Baggage by the bearer of the Baggage Check without written complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage.
8.9 Carriage of Diplomatic Baggage
Baggage that is carried, classified as, and sealed by a diplomatic messenger as diplomatic Baggage shall be considered as such.
Diplomatic Baggage shall never be accepted or deemed to be Checked Baggage. The diplomatic messenger is solely liable for the Carriage of the diplomatic Baggage. CARPATAIR disclaims all liability in this respect.
The diplomatic Baggage shall not contain any of the items and substances excluded from Carriage.
If we agree to carry your animals, they will be carried subject to the following conditions:
8.10.1 You must ensure that animals such as dogs, cats or other pets are properly crated and accompanied by valid health and vaccination certificates, entry permits as well as other documents required by countries of entry or transit. Such Carriage may be subject to additional conditions specified by us, which are available from us upon request.
8.10.2 If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess Baggage, for which you will be obliged to pay the applicable rate, available from us upon request.
8.10.3 Guide dogs accompanying Passengers with disabilities will be carried free of charge together with the container and food in the hold of the aircraft, over and above the free baggage allowance, subject to conditions specified by us.
8.10.4Where Carriage is not subject to the liability rules of the Convention, we are not responsible for injury to, loss, sickness or death of an animal we have agreed to carry, unless we have caused the damage deliberately or through gross negligence.
8.10.5We will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal’s entry into or passage through any country. If the animal is not properly crated during transportation, we will accept no liability and the owner of the animal must reimburse us for any fines, costs, losses or liabilities imposed or incurred as a result.
9.1.1 We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch. The times shown in the Timetable or elsewhere are not guaranteed and form no part of this Contract.
We may, without notice, substitute alternate Carriers or aircraft, and may alter or omit Stopping Places shown on the Ticket in case of necessity.
Schedules are subject to change without notice. We will not be liable for errors or omissions in the Timetable or other publications of schedules and assume no responsibility of making connections.
9.1.2 Before we accept your booking, we will inform you of the scheduled Flight time in effect at that time, and it will be shown on your Ticket. It is possible that we may need to change the scheduled Flight time subsequent to the issuance of your Ticket. If you provide us with contact information, we will inform you of such changes.
9.2 Cancellation, denied boarding due to overbooking, delay to flights
9.2.1 We strive to the best of our abilities to avoid cancellations, denied boarding due to overbooking and delays to Flights. In the event that a Flight is delayed or cancelled or you are denied boarding due to overbooking, nevertheless, you have the right to claim assistance and/or compensations in accordance with Regulation (EC) No. 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
9.2.2In the following cases, you have a claim to compensation in accordance with Regulation (EC) No. 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights:
- Delay to departure of more than 5 hours
- Denied boarding due to overbooking
- Certain cases of Flight cancellation as described in the above Regulation
- Transportation in a lower class than that purchased with the Ticket.
Carpatair’s application of the Regulation (EC) No. 261/2004 is provided at Passenger Rights.
We will refund a Ticket or any unused portion thereof, in accordance with the applicable fare rules or Tariff as follows:
10.1.1 We shall be entitled to make a refund either to the person named in the Ticket or to the person who paid for the Ticket, upon presentation of satisfactory proof of such payment.
10.1.2 If the Ticket was paid for by a person other than the Passenger named in the Ticket, we shall make a refund only to the person who paid for the Ticket, or to the person designated by the purchaser, provided that the Tariff allows a refund.
10.1.3 Except in the case of a lost or stolen Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.
10.1.4 A refund made to anyone presenting the Passenger Coupon or the Passenger receipt and all unused Flight Coupons and holding himself out as a person to whom refund may be made under sub-paragraph 10.1.1 or 10.1.2 here above, shall be deemed a proper refund and shall discharge Carrier from any liability and from any further claim for refund.
10.2 Involuntary refunds
If we cancel a Flight, fail to operate a Flight reasonably according to schedule, fail to stop at a place to which you are destined or ticketed to Stopover, cause you to miss a connecting Flight on which you hold a reservation, the amount of the refund shall be:
a) If no portion of the Ticket has been used, an amount equal to the fare paid;
b) If a portion of the Ticket has been used, the refund will be the higher of (i) the applicable fare for unused transportation from the place of interruption to destination or place of next Stopover (less any applicable discounts and charges), or of (ii) the difference between the fare paid and the fare for the transportation used.
10.3 Voluntary Refunds
If you are entitled to a refund for reasons other than those set out in Article 9.2 above, the amount of the refund shall be:
a)if no portion of the Ticket has been used, the fare paid, less the applicable service charges and cancellation fees will be refunded;
b)if a portion of the Ticket has been used, the refund will be the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less the applicable service charges and cancellation fees.
10.4 Refund of a Lost or Stolen Ticket
10.4.1 If your Ticket or a portion of it is lost or stolen, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund on the Ticket price will be made after expiry of the validity period of the Ticket, on condition:
a) that the lost or stolen Ticket (or portion of it) has not been used, previously refunded or replaced;
b) that the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay us the amount refunded in the event of fraud and/or to the extent that the lost or stolen Ticket (or portion of it) is used or presented for refund or replacement by a third party.
10.4.2 If we or our Authorized Agent lose the Ticket, we shall of course replace it.
10.5 Right to Refuse Refund
10.5.1 We may refuse a refund where application is made after the expiry of the validity of the Ticket.
10.5.2We may refuse refund on a Ticket which has been presented to us, or to government officials of a country as evidence of your intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in that country or that you will depart from that country by another Carrier or another means of transport.
All refunds will be subject to government laws, rules and regulations of the country in which the Ticket was originally purchased and of the country in which the refund is being made.
Subject to the foregoing provisions, refunds will normally be made in the currency in which the Ticket was paid for or in another currency, according to the Carrier's regulations.
Voluntary refunds will be made only by the Carrier which originally issued the Ticket or by its Agent if so authorized.
Involuntary refunds will be made only by the Carrier which originally issued the Ticket.
If in our opinion you conduct yourself on board the aircraft in such a manner that:
- The aircraft, or any person or property on board the aircraft are endangered,
- You obstruct the crew in the performance of their duties, or fail to comply with their instructions, including but not limited to those with respect to smoking, alcohol or drug consumption, or
- You behave in a manner which causes discomfort, inconvenience, damage or injury to other Passengers or the crew, we may take such measures, as we deem reasonably necessary to prevent continuation of such conduct. You may be disembarked and refused onward Carriage at any point, and may be prosecuted for offences committed on board the aircraft.
11.2 Electronic Devices
For safety reasons, the operation of electronic equipment such as mobile telephones, laptop computers, portable radios and recorders, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies is limited or forbidden. The use of hearing aids and pacemakers is of course permitted.
12.1 As a general rule, we do not maintain, operate or provide ground transfer services between airports or between airports and town centers. In cases where we do provide or operate such ground transportation for our passengers, these Conditions shall also apply thereto. Applicable charges for the use of transfer services operated by us shall be payable by the Passenger.
12.2If we make arrangements for you with a third party to provide any services other than Carriage by air, or if we issue a Ticket or a voucher relating to transportation or services provided by a third party, such as for example hotel reservations or car rental, in doing so we act only as your agent. In these cases the terms and conditions of the third party service provider will apply. If these ancillary services are rendered by ourselves, we shall be liable only for intent and gross negligence.
12.3If we also provide surface transportation to you, other conditions than these will apply.
13.1.1 You are responsible for obtaining all required Travel Documents and visas and for complying with all the laws, regulations and requirements of the countries from which or to which you travel or which you transit.
13.1.2We shall not be held responsible for the consequences that result from the failure to obtain such documents or from the non-compliance with such laws, regulations and requirements.
13.2 Travel Documents
Prior to traveling, you must present all exit, entry, health and other documents required by the law, regulation or other requirement of the countries concerned, and permit us to make and retain copies thereof or otherwise to retain the data contained in the relevant documents.
We reserve the right to refuse Carriage if you have not complied with these requirements, or your Travel Documents do not appear to be in order. We are not liable if in good faith we are of the opinion that in our view, decisive regulations do not allow your Carriage, which we therefore refuse. Furthermore, we are not liable for damages that arise from the non-compliance of formalities if you were nevertheless accepted for Carriage, despite your non-compliance.
13.3 Refusal of Entry
If you are denied entry into any country, you will be responsible to pay any resulting fine or charges levied against us, as well as the cost of transporting you from that country, whether of transit or of destination. In this case we will not refund the fare collected for Carriage to the point of denied entry.
13.4 Passenger Liability for Fines, Detention Costs, etc.
If we are required to pay any fine, penalty or costs for your detention or to incur any expenditure by reason of your failure to comply with the entry, exit or transit regulations of the country concerned or your failure to produce the required (Travel) Documents, you shall reimburse us on demand any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused Carriage on your Ticket, or any of your funds in our possession.
Furthermore, we reserve the right to take all such necessary measures in order to enable us to ensure payment is made.
13.5 Customs Inspection
If required, you shall attend inspection of your Checked and Unchecked Baggage, delayed and/or not delayed, by Customs or other government officials. We are not liable for any damage or loss suffered by you in the course of such inspection or through your failure to comply with this requirement.
13.6 Security Inspection
You shall submit to the security checks carried out by the airport authorities and other authorities of the states affected by Carriage, the operator of the airport and the Carrier. We disclaim liability for damages arising from your failure to submit to the security checks.
13.7 Government Regulations
We are not liable if we determine that what we understand or may reasonably understand to be the applicable law, government regulation, demand, order or requirement, requires that we refuse and we do refuse to carry you.
Carriage to be performed by several successive Carriers under one Ticket, or under a Ticket and any Conjunction Ticket issued in connection therewith is regarded as a single operation for the purpose of determining the application of the Convention to the transportation, it being understood that each Carrier is responsible only for the Carriage it is performing on its own.
The chapter “Liability Limitations” provides certain guidelines for our Passengers' Carriage, subject to the rules and limitations relating to liability established by the Montreal Convention of 28 May 1999 - Convention for the Unification of Certain Rules for International Carriage by Air.
This chapter is provided at Liability Limitations.
Carriage of you and your Baggage is also provided in accordance with other certain regulations and conditions applying to or adopted by us. These regulations and conditions, as varied from time to time, are important and concern among other things the Carriage of unaccompanied minors, restrictions on the use of electronic devices, the consumption of alcoholic beverages on board, etc.
If the passenger is dissatisfied with the services provided by Carpatair SA, he must send immediately a clear and explicit complaint in written on the matters of his dissatisfaction, to Carpatair operators via e-mail at email@example.com, by fax (0256 306 962) or by post to the registered head office of the airline company Carpatair.
In case the checked baggage is damaged, the passenger must complain immediately after discovering the damage or at least within 7 days after receiving the checked baggage. In case of baggage delay the complaint must be made at least within 21 days from the date on which the baggage was delivered to the passenger.
All claims shall include the identification and contact details of the claimant and indication or concrete description of the services claimed. Anonymous complaints will not be taken into consideration. The deadline for filing the complaint is 30 days from the date of the event reported.
Carpatair will respond to complaints within 30 days from the date of its registration/ receipt of all necessary documents for solving the claim. The response will be send in written to the contact details indicated by the claimant either via e-mail (as attachment to it) or by fax/mail to the postal address indicated in the complaint.
The title of each Article and paragraph of these General Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
None of our Authorized Agents, employees or authorized representatives has authority to alter, supplement or amend these General Conditions of Carriage or to waive their application.
If no court of jurisdiction results from the conditions of the Convention, legal action can only be brought against us at the applicable court in Romania.