KUWAIT AIRWAYS - CONDITIONS OF CARRIAGE REVIEW - JULY ...

KUWAIT AIRWAYS GENERAL CONDITIONS OF CARRIAGE
(PASSENGER AND BAGGAGE)
ARTICLE 1: WHAT PARTICULAR EXPRESSIONS MEAN IN THESE
CONDITIONS
As you read these conditions, please note the following abbreviations & glossary
of terms:
"We", "our", "ourselves" and "us" means (Kuwait Airways, Kuwaitairways,
Kuwaitair, Kuwait-air, Kuwait-airlines, KAC or KU.
"You", "your" and "yourself" means any person(s), except members of the crew,
carried or to be carried in an aircraft pursuant to a ticket. (See also definition for
"Passenger").
"AGREED STOPPING PLACES" means those places, except the place of
departure and the place of destination, set out in the ticket or shown in our
timetables as scheduled stopping places on your route.
"AIRLINE DESIGNATOR CODE" means the two characters or three letters,
which identify particular air carriers.
"AUTHORISED AGENT" means a passenger sales agent who has been
appointed by us to represent us in the sale of air transportation on our services.
"BAGGAGE" means your personal property accompanying you in connection
with your trip. Unless otherwise specified it consists of both your Checked and
Unchecked Baggage.
"BAGGAGE CHECK" means those portions of the ticket which relate to the
carriage of your Checked Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely for
identification of checked baggage.
"CARRIER" means an air carrier other than ourselves, whose airline designator
code appears on your ticket or on a conjunction ticket.
"CHECKED BAGGAGE" means baggage of which we take custody and for
which we have issued a baggage check.
"CHECK-IN DEADLINE" means the time limit specified by the airline(s) by
which you must have completed check-in formalities and received your boarding
pass.
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"CONDITIONS OF CONTRACT" means those statements contained in or
delivered with your ticket or Itinerary/Receipt, identified as such and which
incorporate by reference, these Conditions of Carriage and notices.
"CONJUNCTION TICKET" means a ticket issued to you with relation to another
ticket, which together constitute a single contract of carriage.
"CONVENTION" means whichever of the following instruments are applicable:
* The Convention for the Unification of Certain Rules Relating to International
Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to
as the Warsaw Convention);
* The Warsaw Convention as amended at the Hague on 28 September 1955;
* The Warsaw Convention as amended by Additional Protocol No.1 of
Montreal (1975);
* The Warsaw Convention as amended at the Hague and by Additional
Protocol No. 2 of Montreal (1975);
* The Warsaw Convention as amended at the Hague and by Additional
Protocol No. 4 of Montreal (1975);
* Guadalajara supplementary Convention (1961) (Guadalajara); or
* The Montreal Convention (1999) in force on 4/11/2003.
"COUPON" means both a hard paper Flight Coupon and/or an Electronic
Coupon, each of which entitle the named passenger to travel on the particular
flight identified on it.
"DAMAGE" includes death, wounding, or bodily injury to a passenger, theft,
loss, partial loss or other damage, arising out of or in connection with carriage or
other services incidental thereto performed by us.
"DAYS" mean 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 purposes of determining duration of
validity of a ticket, the day upon which the ticket is issued, or the flight
commenced shall not be counted.
"DGCA" means Directorate General of Civil Aviation of the State of Kuwait.
"ELECTRONIC COUPON" means an Electronic Flight Coupon or other value
document held in our database.
"ELECTRONIC TICKET" or “E-Ticket” means the Itinerary/Receipt issued by us
or on our behalf, the Electronic Coupons and, if applicable a boarding document.
The E‐ticket, the Conditions of Carriage and our Terms and Conditions
(including applicable Tariffs) together constitute the terms and conditions of
the Contract of Carriage between you and us. These Conditions of Carriage
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and our Terms and conditions can be found, printed and accessed in full
on our Website.
"FLIGHT COUPON" means that portion of the ticket that bears the notation
"good for passage" or in the case of an Electronic Ticket, the Electronic Coupon,
and indicates the particular places between which you are entitled to be carried.
“FORCE MAJEURE EVENTS”: Any condition beyond KAC’s control including,
but without limitation, meteorological conditions, acts of nature, riots, civil
commotion, embargoes, wars, hostilities, disturbances orunsettled international
conditions-actual, threatened or reported.
Also, because of any delay, demand, circumstances or requirement due, directly
or indirectly, to such conditions, or any strike, work stoppage, slowdown, lockout
or any other labor related dispute involving or affecting KAC’s service/operation,
or Any government regulation, demand or requirement, or any shortage or
unavailability of labor, fuel, electricity or facilities of KAC or others, or any fact
not reasonably foreseen, anticipated or predicted by KAC”.
"ITINERARY/RECEIPT" means document(s) we issue to passengers traveling on
Electronic Tickets that contains the passenger’s name, flight information and
notices.
"PASSENGER" means any person(s), except members of the crew on duty,
carried or to be carried in an aircraft pursuant to a ticket. (See also definition for
"you", "your" and "yourself").
"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the
ticket issued by us or on our behalf, which is so marked and which ultimately is
to be retained by you.
"STOPOVER" means a scheduled stop on your journey, at a point between the
place of departure and the place of destination.
“SPECIAL DRAWING RIGHT” or “SDR” means the composite unit of currency
that is the official unit of exchange if the International Monetary Fund.
"TARIFF" means the published fares, charges and/or related Conditions of
Carriage of an airline filed, when required, with the appropriate authorities.
"TICKET" means either the document entitled "Passenger Ticket and Baggage
Check" or the Electronic Ticket, in each case issued by us or on our behalf, and
includes the Conditions of Contract, Notices and Coupons.
“TRAVEL REGULATIONS“ means the rules, other than these Conditions of
Carriage, published by us (as amended) and in effect on the date the
booking is made which govern the carriage of passengers Baggage and/or
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cargo and shall include applicable Tariffs in force; these are available on
our Website and at our offices upon request.
"UNCHECKED BAGGAGE" means any of your baggage other than Checked
Baggage.
“VALIDITY PERIOD” means the period for which your E‐ticket is valid
“WEBSITE” means Kuwait Airways internet site www.kuwaitairways.com or
any alternative site you may be notified or directed to use.
ARTICLE 2: APPLICABILITY
2.1. GENERAL
Except as provided in articles (2.2, 2.4 & 2.5), our Conditions of Carriage
apply only on those flights, or flight segments, where our name or Airline
Designator Code is indicated in the carrier box of the ticket for that flight or
flight segment.
2.2. CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions
of Carriage apply only to the extent they are incorporated by reference or
otherwise, in the charter agreement or the ticket.
2.3. CODE SHARES
On some services we have arrangements with other carriers known as
"Code Shares". This means that even if you have a reservation with us and
hold a ticket where our name or airline designator code is indicated as the
carrier, another carrier may operate the aircraft. If such arrangements
apply we will advise you of the carrier operating the aircraft.
2.4. OVERRIDING LAW
To the extent that any provision contained or referred to herein is contrary
to anything contained in the Convention, where applicable, and any
applicable laws, government regulations, orders, or requirements that
cannot be waived by agreement of the parties, such provision shall not
apply. The invalidity of any provision shall not affect the validity of any
other provision herein.
2.5. CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage, in the event of
inconsistency between these Conditions of Carriage and any other
regulations we may have dealing with particular subjects, these Conditions
of Carriage shall prevail.
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ARTICLE 3: TICKETS
3.1. GENERAL PROVISIONS
3.1.1.a We will provide carriage only to the passenger named in the E-ticket, and
you may be required to produce appropriate identification. As used in
this contract: "electronic ticket" means an electronic entry/coupon stored
in our reservations system (and, where applicable the reservations system
of one or more other carriers) recording a flight booking for which the
carrier or its authorized agent has issued an E-Ticket receipt/itinerary
and of which these conditions and all of
the notices contained herein form part, "carriage" is equivalent to
"transportation", "carrier" means all air carriers that carry or undertake to
carry the passenger or their baggage hereunder or perform any other
service incidental to such air carriage, "Montreal Convention" means the
Convention for the Unification of Certain Rules Relating to International
Carriage by Air signed at Montreal, 28 May 1999, "SDR" means the
composite unit of currency known as the Special Drawing Right that is the
official unit of exchange of the International Monetary Fund, "Warsaw
Convention" means the Convention for the Unification of Certain Rules
Relating to International Carriage by Air signed at Warsaw, 12 October
1929, or that Convention as amended at The Hague, 28 September 1955,
whichever may be applicable. Carriage hereunder is subject to the rules
and limitations relating to liability established by the Warsaw Convention
or the Montreal Convention unless such carriage is not "international
carriage" as defined by one of those Conventions. To the extent not in
conflict with the foregoing conditions, carriage and other services
performed by each carrier are subject to: (i) provisions contained in the E-
Ticket receipt/itinerary; (ii) applicable tariffs; and (iii) carrier's Conditions
of Carriage and related regulations which are made part hereof (and are
available on application at our offices or on our Web site). These
Conditions of Carriage, Baggage Policy and other terms and
conditions can be found, printed and accessed in full on our
Website.
3.1.1.b TICKET PRIMA FACIE EVEIDENCE OF CONTRACT
The E‐ticket, these Conditions of Carriage and our Terms and
Conditions (including applicable Tariffs) together constitute the terms
and conditions of the Contract of Carriage between you and us
which are available on our Website
We will only provide carriage to the customer named in the E‐ticket
who presents valid confirmation, duly issued by us in respect of that
person for the flight. You will also be required to produce positive
photographic identification identifying you as the customer named in
the booking and valid travel documentation in the form of passport,
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and any visa or other documentation required, satisfying the relevant
authorities for the journey you are undertaking.
3.1.2. A ticket is not transferable.
3.1.3. Some tickets are sold at discounted fares which may be partially or
completely non-refundable. You should choose the fare best suited to your
needs. You may also wish to ensure that you have appropriate insurance
to cover instances where you have to cancel your ticket.
3.1.4. If you have a ticket as described above in 3.1.3. which is completely
unused, and you are prevented from traveling due to Force Majeure,
provided that you promptly advise us and furnish evidence of such Force
Majeure, we will provide you with a credit for the non-refundable amount
of the fare, for future travel with us, "subject to deduction of a reasonable
administration fee".
3.1.5. The ticket is and remains at all times the property of the issuing carrier.
3.1.6. The E‐ticket you have purchased is valid for transportation
only as shown on the E‐ticket for the customer named, from the
place of origin to the final destination on the date and flight number
shown. If you wish to change your flight you must contact us in
advance. All changes must be made at least 24 hours prior to the
flight’s departure; such changes may only be made by the customer
named in the booking and/or the person who made the original
booking. Any additional fare due, in accordance with our Travel
Regulations and Tariffs and any applicable administration fees, will
be calculated and you will be given the option of accepting the new
price or maintaining your original transportation as E‐ticketed.
Detailed rules relating to fares and changes to E‐tickets are available
upon request. We shall not be liable to any person entitled to be
carried by us or for any refund in connection with a proposed flight
if, in good faith, we provide carriage to a person purporting to be
entitled to carriage or make any refund to the person entitled in
accordance the Article10.
3.1.7.a In case of loss or mutilation of a ticket (or part of it) by you or nonpresentation
of a ticket containing the Passenger Coupon and all unused
Flight Coupons, upon your request we will replace such ticket (or part of
it) by issuing a new ticket, provided there is evidence, readily ascertainable
at the time, that a ticket valid for the flight(s) in question was duly issued
and you sign an agreement to reimburse us for any costs and losses, up to
the value of the original ticket, which are necessarily and reasonably
incurred by us or another carrier for misuse of the ticket. We will not claim
reimbursement from you for any such loss which results from our own
negligence. The issuing carrier may charge a reasonable administration fee
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for this service, unless the loss or mutilation was due to the negligence of
the issuing carrier or its agent.
3.1.7.b Where such evidence is not available, or you do not sign such an
agreement; the carrier issuing the new ticket may require you to pay up to
the full ticket price for a replacement ticket, subject to refund if and when
the original issuing carrier is satisfied that the lost or mutilated ticket has
not been used before the expiry of its validity. If, upon finding the original
ticket before the expiry of its validity, you surrender it to the carrier issuing
the new ticket, the foregoing refund will be processed at that time.
3.1.8. A ticket is valuable and you should take appropriate measures to
safeguard it and ensure it is not lost or stolen.
3.2. PERIOD OF VALIDITY
3.2.1. Except as otherwise provided in the ticket, these conditions, or in
applicable tariffs, (which may limit the validity of a ticket, in which case
the limitation will be shown on the ticket), a ticket is valid for:
3.2.1.a. One year from the date of issue; or
3.2.1.b. Subject to the first travel occurring within one year from the date of issue,
one year from the date of first travel under the ticket.
3.2.2. When you are prevented from traveling within the period of validity of the
ticket "because at the time you request reservations we are unable to
confirm a reservation," the validity of such ticket will be extended, or you
may be entitled to a refund in accordance with Article 10 hereinafter.
3.2.3. 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 is resumed on which space is available in the class of service for
which the fare has been paid. A medical certificate must attest to such
illness. When the Flight Coupons remaining in the ticket, or in the case of
an Electronic Ticket, the Electronic Coupon, involve one or more stopovers,
the validity of such ticket may be extended for not more than three months
from the date shown on such certificate. In such circumstances, we will
similarly extend the period of validity of tickets of other members of your
immediate family accompanying you.
3.2.4. In the event of the death of a passenger en route, the tickets of persons
accompanying the passenger may be modified by waiving the minimum
stay or extending the validity. In the event of a death in the immediate
family of a passenger who has commended travel, the validity of the
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passenger’s tickets and those of his or her immediate family who are
accompanying the passenger may likewise be modified. Any such
modification shall be made upon receipt of a valid death certificate and any
such extension of validity shall not be for a period longer than forty- five
(45) days from the date of the death.
3.3. COUPON SEQUENCE AND USE
3.3.1. The ticket you have purchased is valid only for transportation as shown on
the ticket, from the place of departure via any Agreed Stopping Places to
the final destination. The fare you have paid is based upon our tariff and is
for the transportation as shown on the ticket. It forms an essential part of
our contract with you. The ticket will not be honored and will lose its
validity if all the coupons are not used in the sequence provided in the
ticket.
3.3.2. Should you wish to change any aspect of your transportation you must
contact us in advance. The fare for your new transportation will be
calculated and you will be given the option of accepting the new price or
maintaining your original transportation as ticketed. Should you be
required to change any aspect of your transportation due to Force Majeure,
you must contact us as soon as possible and we will use reasonable efforts
to transport you to your next Stopover or final destination, without
recalculation of the fare.
3.3.3. Should you change your transportation without any agreement, we will
assess the correct price for your actual travel. You will have to pay any
difference between the price you have paid and the total price applicable
for your revised transportation. We will refund you the difference if the
new price is lower but otherwise, your unused coupons have no value.
3.3.4. Please be aware that while some types of changes will not result in a
change of fare, others, such as changing the place of departure (for example
if you do not fly the first segment) or reversing the direction you travel, can
result in an increase in price.
Many fares are valid only on the dates and for the flights shown on the
ticket and may not be changed at all, or only upon payment of an
additional fee.
3.3.5. Each Flight Coupon contained in your ticket will be accepted for
transportation in the class of service on the date and flight for which space
has been reserved. When a ticket is originally issued without a reservation
being specified, space may be later reserved subject to our tariff and the
availability of space on the flight requested.
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3.3.6. Please be advised that in the event you do not show up for any flight
without advising us in advance, we may cancel your return or onward
reservations. However, if you do advise us in advance, we will not cancel
your subsequent flight reservations.
3.4 NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code, or
otherwise, in the ticket. Our address shall be deemed to be the airport of
departure shown opposite the first abbreviation of our name in the
"carrier" box in the ticket, or in the case of an Electronic Ticket, as indicated
for our first flight segment in the Itinerary Receipt.
ARTICLE 4: FARES, TAXES, FEES AND CHARGES
4.1. FARES
Fares apply only for carriage from the airport at the point of origin to the
airport at the point of destination, unless otherwise expressly stated. Fares
do not include ground transport service between airports and between
airports and town terminals. Your fare will be calculated in accordance
with our Tariff in effect on the date of payment of your ticket for travel on
the specific dates and itinerary shown on it. Should you change your
itinerary or dates of travel, this may impact the fare to be paid by you, or as
the case may be, refunded by us, in accordance with our regulation.
4.2. TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by governments or other
authority, or by the operator of an airport, shall be payable by you. At the
time you purchase your ticket, you will be advised of taxes, fees and
charges not included in the fare, most of which will normally be shown
separately on the ticket. The taxes, fees and charges imposed on air travel
are constantly changing and can be imposed after the date of ticket
issuance. If there is an increase in a tax, fee or charge shown on the ticket,
you will be obliged to pay it. Likewise, if a new tax, fee or charge is
imposed even after ticket issuance, you will be obliged to pay it. Similarly,
in the event any taxes, fees or charges which you have paid to us at the
time of ticket issuance are abolished or reduced such that they no longer
apply to you, or a lesser amount is due, you will be entitled to claim a
refund in accordance with Article 10 if the government or other authority
imposing the tax, fee, or charge grants us a corresponding refund.
4.3. CURRENCY
Fares, taxes, fees and charges are payable in the currency of the country in
which the ticket is issued, unless another currency is indicated by us or our
Authorized Agent, at or before the time payment is made (for example,
because of the non-convertibility of the local currency). We may at our
discretion, accept payment in another currency.
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ARTICLE 5: RESERVATIONS
5.1. RESERVATION REQUIREMENTS
5.1.1. We or our Authorized Agent will record your reservation(s). Upon request
we will provide you with written confirmation of your reservation(s).
5.1.2. You should read the reservation requirements carefully because certain
fares have conditions, that limit or exclude your right to change or cancel
reservations.
5.2. TICKETING TIME LIMITS
If you have not paid for the ticket prior to the specified ticketing time limit,
as advised by us or our Authorized Agent, we may cancel your
reservation.
5.3. PERSONAL DATA
You recognize that personal data has been given to us for the purposes of:
making a reservation, purchasing a ticket, obtaining ancillary services,
developing and providing services, facilitating immigration and entry
procedures, and making available such data to government agencies, in
connection with your travel. For these purposes, you authorize us to retain
and use such data and to transmit it to our own offices, Authorized Agents,
Government Agencies, other Carriers or the Providers of the abovementioned
services.
5.4. SEATING
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 of
reconfirmation in accordance with and within the time limits specified in
our Regulations.
Passengers breaking their journey for more than 72 hours at any point are
requested to reconfirm their onward or return reservation at least 72 hours
prior to the departure of the flight for the next segment of their itinerary.
Failure to comply with any of the above requirements or any other specific
requirement may result in cancellation of any onward or return
reservations.
5.5.2 You should check the reconfirmation requirements of any other carriers
involved in your journey. Where it is required, you must reconfirm with
the carrier whose code appears for the flight in question on the ticket.
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5.6 CANCELLATION OF RESERVATIONS
5.6.1 We will cancel the unused part of your onward reservation if you do
not check-in for any flight or if, having checked-in, you fail to
present yourself at the boarding gate with your boarding pass
within the time limit specified by us at check-in or you are declared
as “no-show.” You will also be declared as “no show” if you fail to
connect on our flight due to delay of another airline flight. In such
cases your return booking also shall be cancelled and hence it is
necessary for you to reconfirm your return reservations before
flying. If you are required to reconfirm your reservation before a
flight, you should approach us or our Authorized Agent
immediately or at least 72 hours before your return journey to
reconfirm your return journey.
5.6.2 If you fail to reconfirm a reservation for any flight where it is
required that reconfirmation is necessary, we may cancel all of your
onward or return reservations. No refund of the fare paid will be
available in respect of such cancelled reservation unless permitted
by the conditions applicable to your Ticket.
5.6.3 If, after we have cancelled your reservation because of your failure
to reconfirm your reservation where it is required that
reconfirmation is necessary, we may reinstate your reservation at
your request and carry you if there is space on the flight to which
your cancelled reservation relates. If there is no space available on
the flight, we will use reasonable efforts to try to carry you on
another of our flights to your next or final destination, but we are
not obliged to do so or pay any compensation or damages in
connection therewith.
5.6.4 You should check the reconfirmation requirements of any other
airlines involved in your carriage with them and, where necessary,
reconfirm with the airline whose Airline Designator Code is entered
in the Ticket for the flight in question. We will have no liability to
you if another airline cancels one or more reservations because you
failed to reconfirm that reservation where you were required to do
so. Your right to onward travel or a refund will be governed by the
Conditions of Carriage of the other airline.
5.6.5 If you miss your connecting flight on KAC due to the delay of
another airline’s flight and you or the airline which caused the delay
fail to reconfirm your return sector on KAC, then KAC reserves the
right to cancel your return or onward journey without liability.
5.6.6 We will not be liable to you for any loss or expense whatsoever
resulting from your failure to comply fully with the requirements as
stated above.
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ARTICLE 6: CHECK-IN AND BOARDING
6.1 Check-in Deadlines are different at every airport and we recommend that
you inform yourself about these Check-in Deadlines and honor them. Your
journey will be smoother if you allow yourself ample time to comply with
applicable Check-in Deadlines. We reserve the right to cancel your
reservation if you do not comply with the Check-in Deadlines indicated.
Check-in Deadlines for our flights can be found in our timetable or on our
Website, or may be obtained from our offices or our Authorized Agents.
6.2 You must be present at the boarding gate not later than the time specified
by us when you check-in.
6.3 We may cancel the space reserved for you if you fail to arrive at the
boarding gate in time.
6.4 We will not be liable to you for any loss or expense incurred due to your
failure to comply with the provisions of this article.
6.5 You are solely responsible for complying with all laws, regulations,
orders, demands and requirements of countries to be flown from,
into or over and with our Carrier’s Regulations and instructions
given by us relating thereto. We shall not be liable in any way
whatsoever to you in connection with obtaining necessary documents
or complying with such laws, regulations, orders, demands,
requirements or instructions, whether given orally or in writing or
otherwise, or for the consequences to you resulting from your failure
to obtain such documents or to comply with such laws, regulations,
orders, demands, requirements or instructions.
6.6 If specified on your booking confirmation, you must present the credit card
used to pay for the Ticket at check-in. Other rules may apply for validation
of other forms of payment.
6.7 You will subject yourself to and comply with a security check in
accordance with the rules at the point of departure
ARTICLE 7: REFUSAL AND LIMITATION OF CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE
We may refuse carriage of any passenger or passenger’s baggage for
reasons of safety or if, in the exercise of its reasonable discretion, we
determine that:
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7.1.1. Such action is necessary in order to comply with any applicable laws,
regulations, or orders of any State or country to be flown from, into or
over;, or
7.1.2 The conduct, age, or mental or physical state of the passenger is such as to:
(i) Cause discomfort or make himself or herself objectionable to other
passengers crew members;, or
(ii) Involve any hazard or risk to himself or herself or to other persons or
to property; or
7.1.3 Such action is necessary because the passenger has failed to observe any of
DGCA, KAC by-laws or instructions; or not to observe the lawful
commands of the Pilot-in-Command or any instructions such as and not
limited to: Smoking, use of Electronic Devices, Consumption or carrying of
Alcohol, Fastening Seat Belts or Stowage of Carry-on-Baggage; or
7.1.4 The passenger has refused to submit to a security check; or
7.1.5 The applicable fare or any charges or taxes payable have not been paid, or
credit arrangements agreed between us and the passenger (or the person
paying for the ticket) have not been complied with; or
7.1.6 The passenger does not appear to be properly documented; or
7.1.7 The ticket presented by the passenger
i) Has been acquired unlawfully or has been purchased from an entity
other than us or our Authorized Agent, or
ii) Has been reported as being lost or stolen; or
iii) Is a counterfeit ticket; or
iv) Any flight coupon has been altered by anyone other than us or our
Authorized Agent, or has been mutilated; and we reserve the right to
retain such ticket; or
7.1.8. The person presenting the ticket cannot prove that he or she is the person
named in the NAME OF PASSENGER box, and carrier reserves the right to
retain such ticket(s).
7.2 REFUSAL OF ENTRY
7.2.1. If you are refused entry to a country (including a country you transit
through while en route to your destination), you must reimburse us in full on
request any fine, penalty or charge assessed against us by the government
concerned (including detention costs) as well as the fare for transporting you, and
an escort if required, from that country. We will not refund to you the fare paid
for carriage to the airport where you were refused entry.
7.2.2. You must reimburse us in full on request the amount of any fine, penalty,
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detention costs, deportation or removal expenses, escorting charges (if any), cost
of ticket(s) issued for you, or any other expenditure we incur because you have
failed to comply with any laws, regulations, orders or other travel requirements of
the country you have travelled to or because you have failed to produce the
required travel documents on seeking entry to a country or you have been refused
admission into the country. We may use the value of any unused carriage on your
Ticket or any of your funds in our possession to pay sums due to us from you.
7.2.3. We will not be liable to you for the return of any of your travel documents,
identification documents or Tickets confiscated by a governmental or other
authority.
7.3 SPECIAL ASSISTANCE/LIMITATION ON CARRIAGE
Except on flights to and from the U.S., acceptance for carriage of unaccompanied
children, incapacitated persons, pregnant women, persons with illness or other
people requiring special assistance are subject to prior arrangement with us.
Passengers with disabilities who have advised us of any special requirements
they may have at the time of ticketing, and been accepted by us, shall not
subsequently be refused carriage on the basis of such disability or special
requirements. The above shall be in accordance with our regulations, if any,
applicable from time to time.
ARTICLE 8: BAGGAGE
You may carry some Baggage free of extra charge. The amount of your free
Baggage allowance and restrictions on size are shown in your e-Ticket
Receipt/Itinerary and also as per our Regulations in force on the date of your
flight which are available on our Website for reference.
8.1 ITEM UNACCEPTABLE AS BAGGAGE
8.1.a. You shall not include in your baggage:
(i) Items, which do not constitute baggage as, defined in Article 1
hereof;,
(ii) Items which are likely to endanger the aircraft or persons or property
on board the aircraft, such as those specified in the Dangerous Goods
Regulations of the International Civil Aviation Organization (ICAO)
and the International Air transport Association (IATA) and in our
Regulations & By-Laws (further information is available on our
Website or from our offices upon request);
(iii) Items the carriage of which is prohibited by the applicable laws,
regulations or orders of any State to be flown from, or to;
(iv) Items which in our opinion of unsuitable for carriage by reason of
their weight, size or character, such as fragile or perishable items; or
(v) Live animals, except as provided for in paragraph (10) of this article.
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8.1.b. 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 Regulations. Firearms must be unloaded with the
safety catch on, and suitably packed. Carriage of ammunition is subject to
ICAO and IATA Dangerous Good Regulations.
8.1.c. The passenger shall not include in checked baggage, fragile or perishable
items, money, jewelry, precious metals, silverware, negotiable papers,
securities or other valuables, business documents, passports and other
identification documents or samples.
8.1.d. Weapons such as antique firearms, swords, knives and similar items may
be accepted as checked baggage, in accordance with our regulations, but
will not be permitted in the cabin.
8.1.e. If any items referred to in sub-paragraphs (a) or (b) of this paragraph are
carried, whether or not they are prohibited from carriage as baggage, the
carriage thereof shall be subject to the charges, limitations of liability and
other provisions of these conditions applicable to the carriage of baggage.
8.2. RIGHT TO REFUSE CARRIAGE
8.2.a. We may refuse carriage as baggage of such items described in paragraph
(1) of this article as are prohibited from carriage as baggage and may
refuse further carriage of any such items on discovery thereof.
8.2.b. We may refuse to carry as baggage any items because of its size, shape,
weight or character.
8.2.c. Unless advance arrangements for its carriage have been made with us, we
may carry baggage on a later flight, if it is in excess of the applicable free
allowance.
8.2.d. We may refuse to accept baggage as checked baggage unless it is properly
packed in a suitcase or other suitable containers to ensure safe carriage
with ordinary care in handling.
8.3. RIGHT OF SEARCH
For reasons of safety and security, you personally are subject to search and
scan, X-ray of your baggage, and search of your baggage in your absence, for
the purpose of determining whether you are in possession of or whether
your baggage contains any items described in paragraph 1 (a) above or any
arms or ammunitions which have not been presented to us in accordance
with paragraph 1 (b) above. If you are unwilling to comply with such
request we may refuse to carry you or your baggage. If required, you will
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attend inspection of our Baggage by Customs or other government officials.
We will not be liable to you for damage suffered by you in the course of such
inspection or as a result of your failure to attend. You must allow security
checks, searches and scans of your person by us, our handling agents,
government officials, airport officials, police or military officials and other
airlines involved in your carriage. If you do not allow all such security
checks, searches and scans to be conducted, we will refuse to carry you and
your Baggage.
8.4. CHECKED BAGGAGE
8.4.a. Your baggage shall be checked upon delivery to us, at which time we shall
take custody thereof and issue a baggage identification tag for each piece
of checked baggage.
8.4.b. If baggage has no name, initials or other personal identification, you shall
affix such identification to the baggage prior to our acceptance of the
baggage.
8.4.c. Checked baggage will be carried on the same aircraft as you unless we
decide that this is impracticable, in which case we shall carry the checked
baggage on our next flight on which space is available.
8.5. FREE BAGGAGE ALLOWANCE
You may carry free of charge baggage as specified and subject to the
conditions and limitations in accordance with our regulations as published
on our Website.
8.6. EXCESS BAGGAGE
You shall pay a charge for the carriage of baggage in excess of the free
baggage allowance at the rate and in the manner provided in our
regulations as published on our Website .
8.7. EXCESS VALUE DECLARATION AND CHARGE
8.7.a. If in accordance with our regulations and as published on our Website , we
offer an excess valuation facility through which you may declare a value
for checked baggage in excess of the applicable liability limits. If you make
such a declaration you shall pay any applicable charges.
8.7.b. We shall refuse to accept an excess value declaration on checked baggage
when a portion of the carriage is to be provided by another carrier, which
does not offer the facility.
8.8 CARRY-ON BAGGAGE
8.8.a. Baggage which you carry on to the aircraft must fit under the seat in front
of you or in an enclosed storage compartment in the cabin. Items
determined by us to be of excessive weight or size will not be permitted in
the cabin and must be transported as checked baggage.
8.8.b. Objects not suitable for transport in the cargo compartment (such as
delicate musical instruments and the like) will only be accepted for
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transportation in the cabin compartment if due notice has been given in
advance and permission has been granted by us. The transport of such
objects may be charged for separately.
8.9. COLLECTION AND DELIVERY OF BAGGAGE.
8.9.a. You shall collect your baggage as soon as it is available for collection at
places of destination or stopover.
8.9.b. Only the bearer of the baggage check and identification tag, delivered to
you at the time the baggage was checked, is entitled to delivery of baggage.
Failure to exhibit the baggage identification tag shall not prevent delivery
provided the baggage check is produced or the baggage is identified by
other means.
8.9.c. If a person claiming the baggage is unable to produce the baggage check
and identify the baggage by means of a baggage (identification) tag, we
shall deliver the baggage to such person only on condition that you
establish to our satisfaction of your right thereto, and if required by us,
such person shall furnish adequate security to indemnify us for any loss,
damage or expense which may be incurred by us as a result of such
delivery.
8.9.d. If your baggage is lost, delayed, or damaged, you must notify the carrier
immediately at the time of delivery. Your acceptance of baggage by the
bearer of the baggage check without complaint at the time of delivery shall
be considered as prima-facie evidence that the baggage has been delivered
in good condition and in accordance with the contract of carriage.
8.10. ANIMALS/PETS
8.10.a. Animals such as dogs, cats, household birds and other pets, when properly
crated and accompanied by valid health and vaccination certificates, entry
permits, and other documents required by countries of entry or transit will,
with an advance agreement with us, be accepted for carriage, subject to our
or any other involving carriers’ regulations.
8.10.b. If accepted as baggage, the animal, together with its container and food
carried, shall not be included in your free baggage allowance but will
constitute excess baggage, for which you shall pay the applicable rate.
8.10.c. Guide dogs accompanying sight/hearing impaired and physically
handicapped passengers together with containers and food, will be carried
free of charge in addition to the normal free baggage allowance, subject to
our or any other involving carriers’ regulations.
8.10.d. Acceptance for carriage of animals is subject to the condition that you
assume full responsibility for such animal. We shall not be liable for injury
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to or loss, delay, sickness or death of such animal in the event that it is
refused entry into or passage through any country, State or territory.
8.11 CABIN BAGGAGE POLICY
Passengers are reminded that all cabin baggage must be of a size that either
fits under the seat in front of you or in the overhead lockers. Items which
are in excess of the maximum limitations as given in our Website may not
be permitted in the aircraft cabin on our flights. If cabin baggage is not
accepted by our ground staff it will be charged according to KAC Excess
Baggage Charges per item may apply. The baggage will be transferred to
the aircraft hold and a checked baggage receipt will be issued. Restrictions
on the carriage of liquids, aerosols and gels in hand baggage apply at
certain airports, including Kuwait International Airport. Passengers should
check with the departure airport for specific security restrictions.
ARTICLE 9: SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS
9.1. SCHEDULES
9.1.1. The flight times shown in timetables may change between the date of
publication and the date you actually travel. We do not guarantee them to
you and they do not form part of your contract with us.
9.1.2. Before we accept your booking, we will notify you of the scheduled flight
time in effect as of that time, and it will be shown on your ticket. It is
possible we may need to change the scheduled flight time subsequent to
issuance of your ticket. If you provide us with contact information, we will
endeavor to notify you of any such changes. If, after you purchase your
ticket, we make a significant change to the scheduled flight time, which is
not acceptable to you, and we are unable to book you on an alternate flight
which is acceptable to you, you will be entitled to a refund in accordance
with article (10.2).
9.2. CANCELLATION, REROUTING, DELAYS, ETC.
9.2.1. We will take all necessary measures to avoid delay in carrying you and
your baggage. In the exercise of these measures and in order to prevent a
flight cancellation, in exceptional circumstances we may arrange for a flight
to be operated on our behalf by an alternative carrier and/or aircraft.
9.2.2. Except as otherwise provided herein, if we cancel a flight, fail to operate a
flight reasonably according to the schedule, fail to stop at your destination
or Stopover destination, or cause you to miss a connecting flight on which
you hold a confirmed reservation, we shall, at your option, either:
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9.2.2.1. Carry you at the earliest opportunity on another of our scheduled services
on which space is available without additional charge and, where
necessary, extend the validity of your ticket, or
9.2.2.2. Within a reasonable period of time re-route you to the destination shown
on your Ticket by our own services or those of another carrier, or by other
mutually agreed means and class of transportation without additional
charge. If the fare and charges for the revised routing are lower than what
you have paid, we shall refund the difference; or
9.2.2.3. Make a refund in accordance with the provisions of Article 10.3.
9.2.3. Upon the occurrence of any of the events set out in Article 9.2.2, except as
otherwise provided herein, the options outlined in Articles 9.2.2.1 through
9.2.2.3 are the sole and exclusive remedies available to you and we shall
have no further liability to you.
9.2.4
If we are unable to provide previously confirmed space, we shall provide
compensation to those passengers denied boarding in accordance with
applicable law and our denied boarding compensation policy.
9.2.5
If you fail to reconfirm a reservation for any flight where it is required that
reconfirmation is necessary, we may cancel all of your reservations. No refund of
the fare paid will be available in respect of such cancelled reservation unless
permitted by the conditions applicable to your Ticket.
ARTICLE 10: REFUNDS
10.1. GENERAL
On failure by us to provide carriage in accordance with the contract of
carriage, or where a passenger requests a voluntary change of his or her
arrangements, refund for an unused ticket or portion thereof shall be made
by us in accordance with our regulations applicable from time to time.
10.2. PERSON TO WHOM REFUND WILL BE DUE
10.2.a. Except as hereinafter provided in this paragraph, we shall be entitled to
make refund either to the person named in the ticket, or to the person who
has paid for the ticket upon presentation of satisfactory proof.
10.2.b. If a ticket has been paid for by a person other than the one named on the
ticket, and we have indicated on the ticket that there is a restriction on
refund, we shall make a refund only to the person paying for the ticket or
to that person’s order.
10.2.c. Except in the case of lost tickets, refunds will only be made when your
ticket coupon / or your receipt / and all unused flight coupons are
surrendered to us.
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10.3.d. A refund made to anyone presenting your ticket coupon or receipt and all
unused flight coupons and holding you out as a person to whom refund
may be made in terms of sub-paragraphs (a) or (b) of this paragraph shall
be deemed a proper refund and shall discharge us from liability and any
further claim for refund.
10.3. INVOLUNTARY REFUNDS
If we cancel a flight, fail to operate a flight reasonably according to
schedule, fail to stop at a point to which you are destined or ticketed to
stop over, are unable to provide previously confirmed space or causing to
miss a connecting flight on which you hold a reservation, the amount of the
refund shall be:
10.3.a.If no portion of the ticket has been used, an amount equal to the fare paid;
less any applicable service charges or cancellation fees.
10.3.b.If a portion of the ticket has been used, the refund will be the higher of:
i. The one way fare (less applicable discounts and charges) from point of
interruption to destination or point of next stopover, or;
ii. The difference between the fare paid and the fare for the transportation
used.
10.4. VOLUNTARY REFUNDS
If you are entitled to a refund of your ticket for reasons other than those set
out in this Article, the amount of the refund shall be:
10.4.a.If no portion of the ticket has been used, an amount equal to the fare paid,
less any applicable service charges or cancellation fees; or
10.4.b.If a portion of the ticket has been used, the refund will be an amount equal
to the difference between the fare paid and the applicable fare for travel
between the points for which the ticket has been used, less any applicable
service charges or cancellation fees.
10.4.1. Refund on Lost Ticket
If you lose your ticket or portion of it, upon furnishing us with satisfactory
proof of the loss, and payment of a reasonable administration charge,
refund will be made as soon as practicable after the expiry of the validity
period of the ticket, provided that:
10.4.1.a.That the lost ticket, or portion of it, has not been used, previously
refunded or replaced, (except where the use, refund or replacement by or
to a third party resulted from our own negligence); and
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10.4.1.b.That the person to whom the refund is made undertakes, in such form as
may be prescribed by us, to repay to us the amount refunded in the event
of fraud and/or to the extent that the lost ticket or portion of it is used by
a third party (except where any fraud or use by a third party resulted
from our own negligence).
10.4.2.If we or our Authorized Agent lose the ticket or portion of it, the loss shall
be our responsibility.
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.
10.5.2.We may refuse a refund on a ticket which has been presented to us, or to
Government Officials, as evidence of intention to depart from that country,
unless you establish to our satisfaction that you have permission to remain
in the country or that you will depart from that country by another carrier
or another means of transport.
10.6. CURRENCY
10.6.1.All refunds will be subject to government laws, rules and regulations or
orders 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
provision, refunds will normally be made in the currency in which the
ticket was paid for, but may be made in another currency in accordance
with our regulations.
10.6.2.Voluntary refunds will be made only by us who originally issued the ticket
or by our agent if so authorized.
ARTICLE 11: CONDUCT ABOARD AIRCRAFT
11.1. GENERAL
If, in our reasonable opinion, you conduct yourself aboard the aircraft so as
to endanger the aircraft or any person or property on board, obstruct the
crew in the performance of their duties, fail to comply with any
instructions of the crew including but not limited to those with respect to
smoking, alcohol, drug consumption, or behave in a manner which causes
discomfort, inconvenience, damage or injury to yourself/other passengers
or the crew, we may take such measures, as we deem reasonably necessary
to prevent continuation of such conduct, including restraint. You may be
disembarked and refused onward carriage at any point, and may be
prosecuted for offences committed on board the aircraft in accordance with
all applicable laws.
11.2. ELECTRONIC DEVICES
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For safety reasons, we may forbid or limit operation aboard the aircraft of
electronic equipment, including, but not limited to, cellular telephones,
laptop computers, portable recorders, portable radios, CD players,
electronic games or transmitting devices, including radio controlled toys
and walkie-talkies. Operation of hearing aids and heart pacemakers is
permitted.
ARTICLE 12: ARRANGEMENTS FOR ADDITIONAL SERVICES
12.1. If we make arrangements for you with any third party to provide any
services other than carriage by air, or if we issue a ticket or voucher relating
to transportation or services (other than carriage by air) provided by a third
party such as hotel reservations, car rental etc., in doing so we act only as
your agent. The terms and conditions of the third party service provider
will apply.
12.2. If we are also providing surface transportation to you, other conditions
may apply to such surface transportation and are available from us upon
request. We shall have no liability to you except for negligence on our part
in making such arrangements.
ARTICLE 13: ADMINISTRATIVE FORMALITIES
13.1. GENERAL
You shall be solely responsible for complying with all laws, regulations,
orders, demands and travel requirements of countries to be flown from,
into or over, and with us or any other involving carriers' regulations and
instructions. We shall not be liable for any aid or information given by any
agent or employee of carrier to any passenger in connection with obtaining
necessary documents or visas or complying with such laws, regulations,
orders, demands, and requirements, whether given in writing or otherwise,
or for the consequences to any passenger resulting from his failure to
obtain such documents or visas or to comply with such laws, regulations,
orders, demands, requirements, rules or instructions.
13.2. TRAVEL DOCUMENTS
Prior to travel, you must present all exist, entry, health and other
documents required by law, regulation, order, demand or other
requirement of the countries concerned, and permit us to take and retain
copies thereof. 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.
13.3. REFUSAL OF ENTRY
You shall pay the applicable fare whenever we or any other involving
carrier, on government order, is required to return to your point of origin
or elsewhere, owing to your inadmissibility into a country, whether of
transit or of destination. We may apply to the payment of such fare any
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funds paid to us for unused carriage, or any funds of yours in our
possession. The fare collected for carriage to the point of refusal of entry or
deportation will not be refunded.
13.4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, OR
FEES, ETC.
If you cancel your travel plan after being checked-in with or without
baggage, you are required to pay a fine or penalty or to incur any
expenditures caused by reason of your failure to comply with laws,
regulations, orders, demands or other travel requirements of the carrier or
the countries concerned or to produce any required 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.
13.5. CUSTOMS INSPECTION
If required, you shall attend inspection of your baggage, by Customs or
other government officials. We are not liable to you for any loss or damage
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 any security checks by governments, airport officials,
carriers or by us.
ARTICLE 14: SUCCESSIVE CARRIERS
Carriage to be performed by us and other carriers under one ticket, or a
Conjunction ticket is regarded as a single operation for the purposes of the
convention. However, your attention is drawn to article (15.2.b).
ARTICLE 15: LIABILITY FOR DAMAGE
15.1. Carriage hereunder is subject to the rules and limitations relating to
liability established by the Convention unless such carriage is not
international carriage to which the Convention applies.
15.2. In carriage which is not international carriage to which the Convention
applies:
15.2.a. We shall be liable for damage to you or your checked baggage only if such
damage has been caused by our negligence. If there has been contributory
negligence on your part, our liability shall be subject to the applicable law
relating to contributory negligence.
15.2.b. Except in the case of acts or omissions done with intent to cause damage or
recklessly and with knowledge that damage would probably result;
(i) our liability with respect to you for death, wounding or other bodily
injury shall be limited to the sum of US$ 20,000; provided that if in
accordance with applicable law a different limit of liability is
applicable such different limit shall apply.
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(ii) With respect to delay, we shall be under no liability except as
provided in these Conditions of Carriage.
15.3. To the extent not in conflict with the foregoing and whether or not the
Convention applies:
15.3.a.We shall be liable only for damage occurring on our own line. If we
issue a ticket or check baggage over the lines of another carrier, we only
as agent for such other carrier. Where transportation of your baggage is
performed by successive carriers (as defined by the Warsaw or
Montreal Convention), you shall have a right of action against the first
or last carrier.
15.3.b. Except to the extent inconsistent with the Warsaw Convention or the
Montreal Convention, we are not liable for any damage arising from
our compliance with any laws or government regulations, orders or
requirements, or from your failure to comply with the same.
15.3.c. Our liability shall not exceed the amount of proven damages. We shall
furthermore not be liable for indirect or consequential damage.
15.3.d If any of you carried whose age or mental or physical condition is such
as to involve any hazard or risk to himself or herself, we shall not be
liable for any illness, injury or disability, including death, attributable to
such condition or for the aggravation of such condition.
15.3.e. Any exclusion or limitation of liability on our part shall apply to and be
for the benefit of agents, employees and representatives of us and any
person whose aircraft is used by us and such person’s agents,
employees and representatives. The aggregate amount recoverable from
us and from such agents, employees, representatives and person shall
not exceed the amount of our limit of liability.
15.3.f. Unless so expressly provided nothing herein contained shall waive any
exclusion or limitation of liability on our part under the Convention or
applicable laws.
15.4. DAMAGE TO BAGGAGE AND DELAY OF BAGGAGE
15.4.a. We are not liable for damage to unchecked baggage unless such
damage is caused by our negligence. If there has been contributory
negligence on your part, our liability shall be subject to the applicable
law relating to contributory negligence.
15.4.b. Except in the case of acts or omissions done with intent to cause
damage or recklessly and with knowledge that damage would probably
result, our liability in the case of damage to checked baggage or of its
delay shall be limited to a maximum of 19 SDRs per kilogram and in the
case of damage to unchecked baggage shall be limited to a maximum of
332 SDRs per passenger if the carriage is subject to the Warsaw
Convention/Hague Protocol/Montreal Protocol. If we are liable in
under the Montreal Convention, our liability for checked and
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unchecked baggage and for damage and/or delay of checked baggage
will be limited to 1,131 SDRs per passenger.
15.4.c. If in the case of checked baggage a higher value is declared pursuant to
Article 8 paragraph 7, our liability shall be limited to such higher
declared value.
15.4.d. If the weight of the baggage is not recorded on the baggage check, it is
presumed that the total weight of the checked baggage does not exceed
the applicable free baggage allowance for the class of service concerned,
as provided in our Regulations.
15.4.e. We are not liable to you for injury or for damage your baggage caused by
property contained in your baggage. Any passenger whose property causes
injury to another person or damage to another person’s property or to
our property shall indemnify us for all losses and expenses incurred by us
as a result thereof.
15.4.f. Except to the extent inconsistent with the Warsaw Convention or the
Montreal Convention, we are not liable for damage to fragile or
perishable items, money, jewelry, precious metals, silverware,
negotiable papers, securities, or other valuables, business documents,
passports and other identification documents, or samples, which are
included in your checked baggage.
15.4.g. We will not be liable for cosmetic or superficial damage caused to baggage as
a result of normal wear and tear caused during carriage.
15.5. PERSONAL DAMAGE OR INJURY
Should we be liable for your death, injury, or other bodily harm on a
flight covered by the Warsaw Convention or the Montreal Convention:
15.5.a. We will not invoke any limitation of liability with regard to any claim for
proven compensatory damages arising under the Convention.
15.5.b. We will not be liable for damages exceeding 131,100 SDRs per passenger
where we can prove that the Damage was not due to the wrongful act,
omission, or negligence of us our another carrier, or such Damage was
solely due to the negligence or wrongful act or omission of a third party.
15.5.c. Unless otherwise specified in this section, we reserve all defenses available
to us under the Convention and applicable national law. We also
reserve all rights of recourse against third parties.
15.5.d. Should you suffer death, bodily injury, or be otherwise severely wounded
on one of our flights, we will make, within fifteen (15) days of
determining who is entitled to compensatory damages, an advance
payment for you or your next-of-kin to address your immediate
financial needs. The amount being advanced will be determined in
accordance with the applicable Convention.
15.5.e. The payment of such an advance is not an acceptance of our liability. We
will deduct the advance payment from any additional liability we are
required to pay, as applicable. If it is subsequently proven that you caused or
contributed to your own death or injury through your own actions or
negligence, or if your death was caused or contributed to by an existing
sickness or impairment, you will have to return the advance payment to us.
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The advance payment will also have to be returned if its recipient caused
or contributed to the death or injury through negligence, or is not entitled
to compensatory damages.
15.6. LIABILITY IN THE CASE OF DELAY
Our liability for damage caused by delay of your carriage is limited by and
subject to the Warsaw Convention or the Montreal Convention, as applicable.
Where neither Convention applies, we will have no liability to you except as
provided in these Conditions of Carriage.
15.7. LIABILITY IN THE CASE OF CODESHARE FLIGHTS
For flights operated by us as codeshare services together with another
carrier, we will be liable only to those passengers on whose tickets we
are shown as the Carrier by our Airline Designator Code. We are only
liable to damages caused to the passengers of our codeshare partner if
we are the operator of the flight on which the damage occurred.
EU NOTICE
As required by EU law, this notice sets out a non-exhaustive summary of the
liability of Kuwait Airways for passengers and their baggage. Kuwait Airways ,
its subsidiaries and franchisees make every effort to operate their flights as per
their published schedules. There are occasions however, where it is not possible
to do so and a flight may be delayed or cancelled. This notification informs you of
your rights under EC Regulation No 261/2004 should this happen; it does not
give you any additional contractual rights. This law is applicable to all passengers
departing from an airport within the EU and to all passengers travelling into an
EU Member State on an EU carrier unless they have received assistance in the
country of departure. In the event of a disruption of flight schedule, KU will be
taking steps to minimize the inconvenience and make any waiting time as
comfortable as possible. All our actions shall meet with the requirements of the
European Union’s Regulation (EC) No 261/2004 establishing common rules on
compensation and assistance to passengers in the event of denied boarding and of
cancellation or long delay of flights.
ARTICLE 16: TIME LIMITATION ON CLAIMS AND ACTIONS
16.1. Notice of Claims
No action shall lie in the case of damage to checked baggage unless the
person entitled to delivery complains to us forthwith after the discovery of
the Damage, and, at the latest, within (7) days from the date of receipt; and
in case of delay, unless the complaint is made at the latest within (21) days
from the date on which the baggage has been placed at his disposal. Every
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complaint must be made in writing and dispatched within the times
aforesaid.
16.2. Limitation of Actions
Generally any right to damages shall be extinguished if an action is not
brought within two years from the date of arrival at the destination, or
from the date of which the aircraft ought to have arrived, or from the date
on which the carriage stopped. The method of calculating the law of the
court shall determine the period of limitation seized of the case.
ARTICLE 17: MODIFICATION AND WAIVER
No Agent, employee or representative of us has authority to alter, modify
or waive any provision of these Conditions of Carriage.
ARTICLE 18: INTERPRETATION
18.1 We will use reasonable efforts to make correct decisions about the
interpretation of applicable laws, regulations, orders or governmental policy for
the purposes especially of Articles regarding our right to refuse carriage and your
conduct aboard aircraft. Sometimes such decisions may have to be made in
circumstances where limited time is available and no proper opportunity exists to
carry out any or sufficient enquiries. As a result, any such decision made by us
will be final and binding on you even if subsequently proved to be incorrect,
provided that at the time we made our decision we had reasonable grounds for
believing that it was correct.
18.2 Where we expressly state in these Conditions of Carriage that you must
comply with applicable law or applicable governmental, ICAO or IATA
requirements, you must make sure that you comply with such applicable law or
requirements at all times and especially on the date or dates of your carriage.
18.3 All dates and periods of time referred to in these Conditions of Carriage will
be ascertained in accordance with the Gregorian calendar.
18.4 The title of each Article of these Conditions of Carriage is for convenience
only, and is not to be used for interpretation of the text.
(Page 27 of 27)
RS/DL/2011