Terms and Conditions

General Conditions of Carriage

PREAMBLE

PREAMBLE

These General Conditions of Carriage govern the relation between CARPATAIR S.A. , having its registered office at 300246, nr.15 str. Ion Ionescu de la Brad, Timisoara, Romania, registered with the Trade Register under incorporation code J35/777/2003 and with Fiscal Code RO 4258968, share capital subscribed and paid 7.620.750,00 RON, as a Carrier, and its Passengers and all the situations regarding the Passengers’ Carriage on an aircraft operated by CARPATAIR or pursuant to a Boarding Pass 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

ARTICLE 1. DEFINITIONS

“We”, “our”, “ourselves” and “us” denotes CARPATAIR S.A.
“Air Carrier” (Carrier) includes Carpatair and any Air Carrier other than Carpatair, whose Airline Designator Code appears on your Boarding Pass
“Airline Designator Code” is an alphanumeric code of 2 or 3 characters designating a particular Carrier and shown on the Boarding Pass.
“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 the Air Carrier 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, which contains the time of boarding and the number of the boarding gate.
“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 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 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

“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;

“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 or in the terminal building, on baggage belt at the time of disembarkation.

“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.
“Passenger” is any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Boarding Pass (see also the definition for “you”, “your” and “yourself”).
“Place of Departure” is the airport from which travel initially commences as shown on the Boarding Pass.

“Place of Destination” is the airport where the Passenger reaches the ultimate stopping place as shown on the Boarding Pass.

“SDR” is a Special Drawing Right as defined by the International Monetary Fund.

“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 Boarding Pass (see also definition for “Passenger”).

ARTICLE 2. APPLICABILITY

2.1 Charter Flights
If transportation is performed pursuant to a charter / wet lease 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 / Wet lease Agreement. In case of discrepancies between these General Conditions of Carriage and the terms and conditions of the Charter / Wet lease Agreement, the latter shall prevail.
2.2 Overriding Law
In the event of inconsistency between these General Conditions of Carriage and the applicable law, 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.
2.3 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.

ARTICLE 3. CHECK-IN AND BOARDING

3.1. 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. 3.2.You must be present at the boarding gate no later than the time specified by the Air Carrier when you check in.

3.3 We may deny your check-in / boarding if you fail to arrive on time at Check-in or at the boarding gate.

ARICLE 4. REFUSION AND LIMITATION OF CARRIAGE

4.1 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.

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:

4.1.1 such action is necessary in order to comply with any applicable national or international regulation(s); or

4.1.2 the Carriage of you or your Baggage may endanger or affect the aircraft, the safety, health, or materially affect the comfort of other Passengers or crew; or

4.1.3 your baggage is unsuitably packed

4.1.4 your baggage is unsuitable for carriage due to its weight, size or nature

4.1.5 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

4.1.6 you have committed misconduct on a previous Flight, and we have reason to believe that such conduct may be repeated; or

4.1.7 you have refused to submit to a security check; or

4.1.8 you 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, you have destroyed your Travel Documents during Flight or refuse to surrender your Travel Documents to the flight crew – against receipt – when so requested; or

4.1.9 you fail to observe our instructions with respect to safety and security or other instructions.

4.2 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.

ARTICLE 5. BAGGAGES

5.1 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 Conditions of Carriage.
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.

5.2 Excess Baggage

You will be required to pay a charge for Carriage of Baggage in excess of the free baggage allowance.

Number of baggage and volume is limited to aircraft load and volume capacity.

5.3 Items Unacceptable as Baggage

5.3.1 You may not include in your Baggage:

5.3.1.1 items 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);

5.3.1.2 items, 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;

5.3.1.3 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;

5.3.1.4 live animals, except as provided for in paragraph 5.10 of this Article;

5.3.2 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 5.3.1.1 above;

5.3.3 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;

5.3.4 You must not include in Checked Baggage fragile items, perishable items, money, jewelry, prescription medicines, eyeglasses, computers (Laptops, PCs), cameras, mobile phones, other personal electronic equipment / devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples;

5.3.5 In the event that any objects as described at 5.3.1, 5.3.2 and 5.3.4 are located in your Baggage we are not liable for the loss of or damage to these objects.

5.4 Right to Refuse Carriage

5.4.1 We reserve the right to refuse Carriage of items referred to in Article 5.3, and we may refuse further Carriage of any such items discovered during transportation.

5.4.2 We 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.

5.4.3 We 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.

5.5 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 5.3 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.

5.6 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.

5.6.1 Checked Baggage must have your name or other personal identification affixed to it.

5.6.2 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety or security reasons to carry it separately. If your Checked Baggage is carried separately, it will be delivered to you upon its arrival to the destination, unless the applicable law requires you to be present for Customs clearance.

5.7  Unchecked/Hand Baggage

5.7.1 The maximum dimensions and weight for Unchecked (Carry-on/ Hand) Baggage are available upon request from us or may be obtained from the Conditions of Carriage.
Furthermore, it must fit under the seat in front of you or in a baggage compartment, otherwise it must be checked.

5.7.2 Unchecked 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.

5.7.3 Objects not suitable for Carriage in the hold (such as delicate musical instruments), and which do not meet the requirements of Article 5.7.1 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.

5.8 Collection and Delivery of Checked Baggage

5.8.1. You must collect your Baggage as soon as it is made available at the destination airport. Should your Checked Baggage not be claimed within the time limit set by the destination airport, we may dispose of it without any liability for subsequent damage.

5.8.2 Only 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.

5.8.3 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.

5.8.4 Acceptance 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.

5.9 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.

5.10 Animals

If we agree to carry your animals, they will be carried subject to the following conditions:

5.10.1 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.

5.10.2 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.

5.10.3 Guide dogs accompanying Passengers with disabilities will be carried free of charge together with the container and food in the hold of the aircraft or cabin, over and above the free baggage allowance, subject to conditions specified by us.

5.10.4 Where 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.

5.10.5 We 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.

5.10.6. Your animals are accepted on board the aircraft only accompanied by you.

5.10.7. Should we deny boarding or disembark your animal due to reasons of incompliance with the current terms and conditions of carriage, we are entitled to disembark you also.

ARTICLE 6. SCHEDULES, DELAYS AND CANCELLATION OF FLIGHTS

6.1 Schedules 

6.1.1 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 in case of necessity.
Schedules are subject to change without notice. We will not be liable for errors or omissions in the schedules.

6.2 Cancellation, denied boarding, delay of flights

6.2.1 We strive to the best of our abilities to avoid cancellations, and delays of Flights. In the event that a Flight is delayed or cancelled, 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 cancellation or long delay of flights.

6.2.2 In 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 cancellation or long delay of flights:

  • Delay to departure of more than 2 hours in case of flights of 1500 kilometers or less
  • Certain cases of Flight cancellation as described in the above Regulation

Carpatair’s application of the Regulation (EC) No. 261/2004 is provided at Passenger Rights.

ARTICLE 7. CONDUCT ON BOARD OF AIRCRAFT

7.1 General

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.

7.2 Electronic Devices

For safety reasons, the operation of electronic equipment such as mobile telephones, laptop computers, portable radios and recorders, CD players, electronic cigarettes, 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.

Is recommended to carry electronic cigarettes and related device exclusively in the cabin baggage.

ADMINISTRATIVE FORMALITIES

8.1 General

8.1.1 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.

8.1.2We 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.

8.2 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 allow 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.

8.3 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.

8.4 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 Boarding Pass, 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.

8.5 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.

8.6 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.

8.7 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.

ARTICLE 9. LIABILITY LIMITATIONS

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 and to the terms and conditions of the charter / wet lease agreement under which the flight is performed if applicable. This chapter is provided at Liability Limitations.

ARTICLE 10. OTHER CONDITIONS

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.

ARTICLE 11. COMPLAINTS

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 via e-mail at customer.service@carpatair.com, by fax (+40256 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. In case of damages sustained in case of death or bodily injury of a passenger, a claim must be submitted within 30 days of the reported event.

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. 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.

Passenger undertakes to engage third parties to claim on their behalf, only after he has submitted a complaint directly to Carpatair and the 30 days response term has passed without receiving any reply from Carpatair.

Carpatair will not process complaints submitted by a third party if the passenger concerned has not submitted the claim directly to Carpatair and allowed Carpatair time to respond in accordance with the aforementioned provisions.

ARTICLE 12. INTERPRETATION

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.

ARTICLE 13. AMENDAMENTS AND WAIVES

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.

ARTICLE 14. COURT OF JURISDICTION

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.

LIABILITY LIMITATIONS

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.

ARTICLE 16. OTHER CONDITIONS

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.

ARTICLE 17. COMPLAINTS

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 customer.service@carpatair.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.

ARTICLE 18. INTERPRETATION

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.

ARTICLE 19. AMENDAMENTS AND WAIVES

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.

ARTICLE 20. COURT OF JURISDICTION

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.

Liability Limitation

GENERAL PROVISIONS

As a part of the General Conditions of Carriage, “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. If transportation on your journey is also performed by other Carriers, liability will be determined according to their own Conditions of Carriage.
Our liability provisions are as follows:
For the damage proven by CARPATAIR to have been caused or contributed to by the negligence or other wrongful act or omission of the claimant, CARPATAIR will totally or partly be exonerated from its liability.
When, by reason of death or injury of a Passenger, compensation is claimed by another person than the Passenger, the above-mentioned provisions will likewise apply.
We will not be liable for any damage arising directly or indirectly from our compliance with the applicable laws or government rules and regulations or from your failure to comply with the same, or which arises from circumstances that are not in our responsibility.
We will only be liable for damage occurring during Carriage on Flights or Flight Segments operated under Carpatair Airline Code.

We are not liable for damage to Unchecked Baggage, unless such damage is caused by our gross negligence, as proven by Passenger.
We are only liable for recoverable compensatory damages for proven losses and costs. We are not liable for indirect damages or consequential damage, or for damage recovery of a penal nature. This exclusion of liability is only applicable to consumers where we have not caused the damage deliberately or through gross negligence and the interests of the consumers affected by this damage were not known to us at the time of the conclusion of the contract.
Exclusions or limits of our liability apply also to our service providers, employees, representatives, as well as to every person whose aircraft we operate, including their service providers, employees and representatives. The total amount recoverable from us and from the named persons shall not exceed the amount of our own liability limits.
If the value of the Passenger’s Baggage exceeds the applicable limit of liability, the Passenger should fully insure it before he/she travels. Unless otherwise formally stated, nothing contained herein shall waive any exclusion or limitation of liability of CARPATAIR under the Convention or applicable laws.

LIABILITY IN CASE OF PASSENGER’S DEATH OR INJURY

Our liability for damages caused by death, injury or damages to the health of a Passenger by an accident on board an aircraft or in the course of any of the operations of embarking or disembarking does not have a financial limitation. For damages up to a value of 113,100 SDR in case of death or injury of a Passenger, CARPATAIR will not be able to exclude or limit its liability.

However, CARPATAIR will not be liable for any damage sustained in case of death or injury of a Passenger to the extent they exceed 113,100 SDR if proven that:

  • Such damage was not caused by the negligence, wrongful act or omission of CARPATAIR or of its employees or agents; or that
  • Such damage was caused exclusively by the negligence, wrongful act or omission of a third party
  • Illness, injury or disability, including death, or for the aggravation of condition of Passengers whose age, mental or physical condition (prior to embarkation) is such as to involve any hazard or risk to themselves during the Carriage.

CARPATAIR’s insurance coverage for liability to Passengers is adequate and conform to the applicable law.

CARPATAIR shall, without delay and not later than 15 days after the identification of the person entitled to compensation, take all necessary measures for advanced payments in order to meet immediate financial needs proportional to the damage suffered. The value of this prepayment is at least 16,000 SDR per Passenger, in case of death.

Advance payment shall not constitute recognition of liability. CARPATAIR reserves the right to demand restitution, partial or total, of the advanced payment if proven that the damage was caused, partially or totally, by the negligence of the injured or deceased Passenger, as well as if it is later proven that the beneficiary of the advanced payment had contributed or provoked through negligence or the above-mentioned Passenger is not the person entitled to compensation.

LIABILITY IN CASE OF BAGGAGE DAMAGE

The Montreal Convention regarding liability limitations stipulates that CARPATAIR is liable for destruction, loss or damage to Checked or Unchecked Baggage up to 1,131 SDR.
The limitations of our liability in case of destruction, loss or damage to Checked or Unchecked Baggage will not apply if proven that the damage was caused by an act or omission of CARPATAIR done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of an employee or agent, it is proved that such employee or agent was acting within the scope of their employment.
We are not liable neither for the damage resulted from the inherent defect, quality or vice of your Baggage, nor for any damage caused by items in your Baggage. If these items cause injury to another Passenger, damage to Baggage of another Passenger or to our property, you shall be responsible for repayment of all damages and costs to us as a result.
CARPATAIR will not be liable for damage or loss of valuable, fragile or perishable objects, money, jewels, precious metals, business or commercial documents, electronic items, passports and other identification documents that have been placed in the Passenger’s Checked Baggage contrary to the provisions of these General Conditions of Carriage.

LIABILITY IN CASE OF DELAY

In case of Passenger delay, we are liable for damage unless we took all the reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694 SDR

Passenger Rights

APPLICABILITY

Assistance and compensation as per Regulation (EC) 261/2004 of the European Parliament and of the Council of the European Union shall be granted to Carpatair Passengers regardless of their nationality or destination, only in the following cases:

  • Denied boarding
  • Flight cancellation
  • Flight delay

IMPORTANT NOTE: In case of irregularities the compensation and assistance of the passengers shall be granted by the Charterer / Lessee subject to the terms and conditions of the agreement under which the flight is performed.

DENIED BOARDING

Assistance and compensation as described below shall only apply to passengers who are denied boarding. Before denying boarding to passengers, Carpatair shall call for volunteers (Passengers who are willing to surrender their confirmed reservation, in exchange for the assistance mentioned below.

The passengers who surrender their reservation voluntarily are offered the choice between:

  • Reimbursement of the full cost of the ticket at the price at which it was bought for the part(s) of the journey not made and for the part(s) already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant and a return flight to the first point of departure, at the earliest opportunity; or
  • Re-routing to their final destination or a close-by destination agreed with the passenger at the earliest opportunity or at a later date agreed with the passenger, subject to availability of seats.

In case of denied boarding against their will: a) Passengers can be rerouted on other flights and receive financial compensation as follows:

  • 125 EUR, if following rerouting, the passenger arrives at his final destination with a delay of less than 2 hours, for flights of 1500 km or less
  • 200 EUR, if following rerouting, the passenger arrives at his final destination with a delay of less than 3 hours, for flights between 1500 and 3500 km
  • 300 EUR, if following rerouting, the passenger arrives at his final destination with a delay of less than 4 hours, for flights of over 3500 km
  1. b) Passengers can be rerouted on other flights and receive financial compensation as follows:
  • 250 EUR, if following rerouting, the passenger arrives at his final destination with a delay of more than 2 hours, for flights of 1500 km or less
  • 400 EUR, if following rerouting, the passenger arrives at his final destination with a delay of more than 3 hours, for flights between 1500 and 3500 km
  • 600 EUR, if following rerouting, the passenger arrives at his final destination with a delay of more than 4 hours, for flights of over 3500 km
  1. c) Should rerouting not be possible, the passengers are entitled to:
  • Full refund of the ticket;

In any of the above situations, passengers denied boarding against their will are entitled to additional assistance, as the case may be:

  • Meals and refreshments in a reasonable relation to the waiting time;
  • Two telephone calls, fax messages or e-mails;
  • Accommodation and transport from the airport to the accommodation facility and back;

FLIGHT CANCELLATION

Assistance and compensation as described below shall only apply in case a flight is cancelled.

In case of flight cancellation, passengers are entitled to the following assistance:
I. A choice between:

  1. a) Reimbursement within 7 days of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight no longer serves any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity; or
  2. b) Re-routing, under comparable transport conditions, to the passenger’s final destination, at the earliest opportunity; or
  3. c)Re-routing, under comparable transport conditions, to the passenger’s final destination at a later date at the passenger’s convenience, subject to availability of seats;
  4. In addition, Carpatair will offer passengers, free of charge:
  • Meals and refreshments in a reasonable relation to the waiting time;
  • 2 phone calls, fax messages or e-mails;
  • In the event of re-routing in connection with the cancelled flight, if the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight;
  1. a) Hotel accommodation in cases:
  • where a stay of one or more nights becomes necessary; or
  • where a stay additional to that intended by you becomes necessary; and
  1. b) Transport between the airport and place of accommodation (hotel or other).

III. Moreover, except when:

  • Passengers are informed* of the cancellation at least two weeks before the scheduled time of departure; or
  • Passengers are informed* of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing departure no more than two hours before the scheduled time of departure and to reach final destination less than four hours after the scheduled time of arrival; or
  • Passengers are informed* of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing passengers to depart no more than one hour before the scheduled time of departure and to reach the final destination less than two hours after the scheduled time of arrival; or
  • Carpatair can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken,

Passengers are entitled to compensation as follows:

  • 250 EUR for all flights of 1500 km or less
  • 400 EUR for all flights between 1500 km and 3500 km;
  • 600 EUR for all other flights not specified above;

Important: The written notification sent by Carpatair to the travel agency responsible for the reservation shall be interpreted as informing the passenger and treated as such. As Carpatair does not usually have the contact information of the passengers, it will always notify the responsible agency in writing. Thus, the agency is responsible for informing the passengers about the changes occurred and must send a written reply to the carrier with the passengers’ options.

When you are offered re-routing to your final destination on an alternative flight as described above at paragraph I (b) or (c), and the arrival time of the re-routed flight does not exceed the scheduled arrival time of the flight originally booked:

  • by two hours, in respect of all flights of 1500 km or less; or
  • by three hours for all flights between 1500 km and 3500 km; or
  • by four hours, in respect of all flights not falling under (a) or (b) of this paragraph.

Carpatair may reduce the compensation described above by 50%. For the above purposes, “final destination” means the destination on the Boarding Pass or, in case of directly connecting flights available shall not be taken into account if the original planned arrival time is respected.

FLIGHT DELAY

In case a flight is delayed:

  • for 2 hours or more, for flights of 1500 km or less;
  • for 3 hours or more, for all intra-Community flights of more than 1500 km and all other flights between 1500 and 3500 km;
  • for 4 hours or more, for all flights of more than 3500 km and all other flights falling under paragraphs a) and b).

Passengers are entitled to request the following assistance:

  • meals and refreshments in a reasonable relation to the waiting time;
  • 2 phone calls, fax messages or E-mails.

In case a flight is delayed for more than 5 hours, irrespective of the flight distance, passengers are entitled to request full refund of their ticket and a return trip to the first point of departure, on the first flight available (if the flight no longer serves any purpose in relation to the passenger’s original travel plan). When the departure of the flight is estimated for the next day, the passengers are entitled to request accommodation and transport from the airport to the accommodation facility and back.

NON-APPLICABLE CASES

Passengers shall not be granted the above-mentioned rights to compensation in the following cases:

  • When they did not show up in time for check-in, i.e. 45 minutes before departure time, as set out in IATA Regulation 1724 on General Conditions of Carriage.
  • When they travel free of charge or benefit from a reduced fare not available directly or indirectly to the public, excepting discounts offered under frequent flyer program.
  • In accordance with Regulation (EC) 261/2004 (para. 14), in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

In any case the passengers have the right to assistance.

Notice: All stipulated financial compensations shall be granted by CARPATAIR S.A. on the passengers’ written request.

CONTACTS

Requests shall be addressed to:

CARPATAIR S.A., 300246, no.15 str. Ion Ionescu de la Brad, Timisoara, Timis County, Romania.

E-MAIL: customer.service@carpatair.com

FAX: +(40) 256 306 962

The assistance of passengers shall be ensured by Carpatair representatives within Romania and by the handling agents empowered by Carpatair in the airports outside Romania. In Romania, the National Authority for the Consumers’ Protection is the responsible body for the enforcement of Regulation EC 261/2004 (Bucharest, 5 Georges Clemenceau St., Sector 1, www.anpc.ro, tel. +40 21 312 1275).

Privacy Policy

INTRODUCTION

Carpatair understands the importance of safekeeping the privacy of its passengers and thus bounds itself to keep the confidentiality of the personal data acquired during the carriage contract concluded with its passengers, in accordance with Romanian regulations. Carpatair is registered under No. 1747 at the National Authority for the Supervision of Personal Data Processing.
Carpatair strives to handle with great care the personal details of its passengers, prospective customers and the visitors to its website, pursuant to the stipulations of the Romanian Law no. 677/ 2001 concerning the persons’ protection as regards the processing and free circulation of the personal data. Carpatair is also pursuant to the stipulations of the Law no. 506/ 2004 as concerning the processing of personal data and protection of private life in the electronic communication sector.

DATA COLLECTION

WHO ARE WE?

We, Carpatair S.A. or Carpatair, are an airline headquartered in str. Ion Ionescu de la Brad, nr. 15, Timisoara, jud. Timis, 300246, Romania and in providing our services to you we may collect your personal data, in the conditions provided below.

At Carpatair, we are invested in protecting your personal data and we commit to processing your data in accordance with the applicable laws, including Regulation (EU) 2016/679 (General Data Protection Regulation) and the applicable national data protection laws.

WHAT TYPE OF PERSONAL DATA DO WE PROCESS?

The personal data that we process may include:

  1. Contact information, such as your name, job title, postal address, including your home address (if provided to us), business address, telephone number, mobile phone number, fax number and email address;
  2. Identification data such as your ID/ Passport number and expiration date, social security number, personal numerical code, if this data is necessary for complying with our legal or contractual obligations in the context of the services provided to you, if we have obtained your consent to process this data according to the law, if we need to use this data to comply with a major public interest, to protect your or other persons vital interest;
  3. In the context of the services provided to you we may also, in some cases, collect and process special categories of personal data, such as: data concerning health, data on criminal convictions and offences, data concerning religion or ethnical origin, but only if the conditions and safeguards established by GDPR are complied with;
  4. Data obtained through social media networks;
  5. Any other information which is necessary to us in the context of our contractual relationship with you or which you have voluntarily provided us with;

HOW DO WE COLLECT YOUR DATA?

We may collect your data directly from you, if we request it via our internet page, via internet, social media, email, over the phone or in person, or we can obtain it indirectly, from our partners such as travel agencies, travel brokers or any other such entities, from the national authorities or other third parties.

WHICH ARE OUR LEGAL GROUNDS FOR PROCESSING YOUR PERSONAL DATA?

Any data processing of your personal data, which may consist in the collection, recording, organizing, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination etc. shall be performed under one of the following legal grounds:

  1. To comply with our contractual obligations in relation to the services we provide you. In this regard, we may need to process your data in order to:
  • manage all the pre-flight and post-flight processes which we are responsible for, as applicable, such as managing the registration of passengers and baggage, the flight notices and the boarding process;
  • insure all in-flight services are provided to you in the best conditions and in accordance to our standards;
  • manage passenger and flight safety before, during and after the flight to the extent of our responsibility;
  1. To comply with our legal obligations in relation to the services provided to you, especially our duties under commercial and tax law or under specific legislation in the field of civil aviation, passenger air transport and national and international security. In this regard, your data may be transferred to the national authorities of destination states as part of standard procedures, such as:
  • API (Advance Passenger Information), which refers to information that the authorities of the countries of destination require airlines to provide about passengers onboard the flight. The provided information includes identification documents and other data on the passengers, and all data is transmitted to national authorities in a secured form, according to GDPR data security requirements;
  • state- specific national authorities safety requirements, which refer to information certain states such as U.S.A., Israel or Russia specifically require about passengers, according to international treaties or other mandatory legal provisions;
  1. If you have granted us, upon our request or through your unequivocal actions, your express and valid consent, which has been obtained in accordance with the provisions of art. 6 GDPR and the applicable national laws, to process the personal data for the purposes and under the conditions provided in a consent notice;

Please note that you are entitled to withdraw your freely given consent at any time, through a written notice sent to our contact coordinates.

  1. If we need to process your data in order to protect your or other natural person’s vital interests, life or physical integrity;
  2. In order to comply with the following legitimate interests pursued by us or a third party:
  • offering high quality services, according to the air transport standards which we abide to;
  • management and control of our activity and services;
  • insuring flight safety;
  • prevention of fraud, including identity fraud and payment method fraud;
  • developing and maintaining statistics in the field of passenger air transport for continuous improvement of our services;
  • auditing and consultancy;
  • management of legal claims and dispute resolution;
  1. For the special categories of personal data, processing shall be made only if, in addition to a general legal basis for data processing, one the following specific processing conditions are met:
  • The consent of the data subject has been obtained;
  • We have a legal obligation to process such data categories;
  • Processing is necessary for the establishment, exercise or defense of legal claims.
  1. We will not process personal data which refers to criminal offences or criminal records unless we have a legal obligation to do so, in which case we will take strong security measures in order to insure their protection;
  2. Your personal data such as photographs and opinions that you express in relation to us or our services may be posted on social media only if we have obtained your consent to do so in pursuing our marketing and commercial strategies, according to the conditions imposed by art. 6 GDPR

WHAT ARE OUR PURPOSES FOR PROCESSING YOUR PERSONAL DATA?

We may use your personal data for the purposes provided in the sections above (“Permitted Purposes”) or for other purposes strictly related to the above mentioned. Any additional processing purpose will be subject to prior notice to you and will only take place under one of the legal grounds provided by art. 6 GDPR.

We will not use your personal data for creating profiles, nor will we use your personal data in order to make automated decisions based on automated processing.

SHARING YOUR PERSONAL DATA

We may share your personal data with other parties in the context of the provision of our services, if this is necessary for achieving the data processing purposes provided by this notice. In this regard, we might give your data to legal authorities, consultants and lawyers, to our providers e.g. ground handling service providers, or other service providers, or to our commercial partners- e.g. travel brokers, data agencies, other air transport companies.

TRANSFERRING YOUR PERSONAL DATA ABROAD

We may transfer your personal data to EEA countries or countries recognized by the European Commission as offering an adequate level of protection, if such transfer is required for the processing in accordance with the Permitted Purposes described above.

In exceptional cases, if necessary, for the Permitted Purposes, we may transfer your personal data to third countries which were not recognized by the European Commission as offering an adequate level of protection.

We will make sure that such international transfers are performed based on appropriate safeguards (such as Standard Contractual Clauses approved by the European Commission) as required by the GDPR (EU Regulation 2016/679) or other applicable legal provisions. You may contact us anytime using the contact details below if you would like further information on such safeguards.

UPDATING YOUR PERSONAL DATA

If any of the personal data that you have provided to us changes, for example if you change your name, surname or your email address or if you wish to cancel any request addressed to us, or if you become aware we have any inaccurate personal data about you, please e-mail us at office@carpatair.com

We will not be responsible for any loss arising from any inaccurate, inauthentic, insufficient or incomplete personal data that you provide to us.

HOW LONG WILL WE PROCESS YOUR PERSONAL DATA FOR?

We will process your personal data only as long as it is reasonably necessary for the Permitted Purposes or until when you withdraw your consent (if applicable) and:

  • there are no compelling legitimate grounds for Carpatair to continue processing of your personal data (including Carpatair’s legal obligation to continue storing such data) which override your interests, rights and freedoms or
  • if the personal data are no longer necessary to us for the performance of our services to you.

YOUR RIGHTS IN RELATION TO PERSONAL DATA PROCESSING 

Subject to certain legal conditions, you have the following rights in relation to the processing of your personal data:

  • The right to request a copy of your personal data which we hold;
  • The right to the rectification of any inaccurate or incomplete personal data;
  • The right to object to or restrict our use of your personal data;
  • The right to withdraw your consent for the processing of personal data based on the consent;
  • The right to the erasure of your personal data, when you withdrew your consent, the processing is no longer necessary, or such processing is unlawful;
  • The right to data portability which allows you to receive a copy of the processed data which we received from you or to share them with another entity nominated by you;
  • The right to withdraw your consent for the consent-based processing. Withdrawal of consent shall not affect the lawfulness of processing based on consent before consent withdrawal. If you withdraw your consent, Carpatair will no longer process your personal data and shall take the necessary measures to erase your personal data, if there is no other legal basis for such processing.

If you wish to exercise the rights detailed above, please contact us using the following contact details:

  • E-mail address: office@carpatair.com
  • Mailing address: Carpatair S.A., 300246, no.15 str. Ion Ionescu de la Brad, Timisoara, Timis County, Romania.
  • Project manager for GDPR compliance: Victor Mitrofan

To comply with our legal data security and confidentiality obligations, when you exercise one of your rights as a data subject, we may request you to prove your identity by providing us with a copy of a valid identification document or any other information which is necessary to verify that the request came for the entitled data subject.

We will consider all requests or complaints which we receive from you and we will respond to each and every one of them in the most transparent way, within the terms provided by the law. If you are not satisfied with our response or you consider that we do not process your personal data in compliance with the applicable legal provisions, you may lodge a complaint with the Romanian supervisory authority: The National Supervisory Authority for Personal Data Processing, headquartered in 28-30 Gheorghe Magheru Blvd., Bucharest, Romania or you can file a legal action to the competent courts.

DATA SECURITY

Carpatair uses appropriate technical and effective security measures to protect the data administered against loss, misuse, unauthorized access, change and deletion.

Carpatair’s security measures are being continuously improved according to the technical development.

LINKS TO OTHER WEBSITES

Certain pages on Carpatair’s website have links to the websites of other companies.
As Carpatair cannot be responsible as to how these companies handle personal data, visitors are advised to read carefully the policy (or statements) of these sites in regard to how they process and protect personal data since the conditions offered by these sites may not be the same as those offered by Carpatair.

CONTACTS

For questions, remarks or complaints about the protection of personal data by Carpatair or should you wish to lodge an objection against the use of your personal data by Carpatair, please send your written request, accompanied by a copy of your proof of identity, to:

  • E-mail address: office@carpatair.com
  • Mailing address: Carpatair S.A., 300246, no.15 str. Ion Ionescu de la Brad, Timisoara, Timis County, Romania.

CHANGES

Carpatair reserves the right to revise its privacy policy from time to time.

For this reason, please check regularly for the most recent version of Carpatair’s privacy policy.