As you read these conditions, please note that:
« We », « our » « ourselves » and « us » means Syphax Airlines. Our address is Syphax Airlines, Aéroport International Sfax Thyna – 3018 Sfax – Tunisie.
« You », « your » and « yourself » means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for « Passenger »).
« AUTHORISED AGENT » means a passenger sales agent who has been appointed by us to represent us in the sale of carriage by air 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 parts of your Ticket which relate to the carriage of your Checked Baggage.
« BAGGAGE IDENTIFICATION TAG » means a document issued solely for identification of Checked Baggage.
« 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 us by which you must have completed check-in formalities and received your boarding pass
« CONVENTION » means whichever of the following instruments is or 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); – the Guadalajara Supplementary Convention (1961); – the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal , 28 May 1999 (hereinafter referred to as the Montreal Convention).
« DAMAGE » includes death, wounding, or bodily injury to a Passenger, loss, partial loss or theft of or other damage to Baggage, 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 fares 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.
« FARE RULES » as defined under Article 17 herein. Fare Rules shall mean all standard provisions, rules and conditions identified within the internal rules and procedures of Syphax Airlines which may allow, limit, govern or otherwise apply in specific occurrences. All internal rules and procedures will be within the limits of the applicable Convention.
« FORCE MAJEURE » means no failure or omission by either you or us to carry out any of the provisions of the Agreement shall give rise to any claim, or deemed to be a breach of the Agreement, if the same shall arise out of any events such as, causes not reasonably within the control of that Party, whether or not foreseen, including (without limitation) such causes as labor disputes, strikes, governmental intervention, or the insistence of any governmental instrumentality or person purporting to act therefore, wars, civil commotion, hijacking, fire, flood, accident, storm or any Act of God.
« ITINERARY/RECEIPT » means a receipt marked as such or similarly marked and issued by us or our Authorised Agent and delivered to you by email, by fax, by hand, by mail or by courier, containing the Passenger’s name, flight information and notices; if any.
« PASSENGER » means any person, except members of the operating crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for « you », « your » and « yourself »).
« REGULATIONS » means any regulations, terms or conditions specified in writing by us from time to time, as further described in Article 17.
« SPECIAL DRAWING RIGHTS » are an international unit of account, defined by the International Monetary Fund, based upon the values of several leading currencies. The currency values of the Special Drawing Right fluctuate and are re-calculated each banking day. These values are known to most commercial bankers and are reported regularly in leading financial journals.
« TARIFFS » means our published fares, charges and/or related conditions of carriage.
« TICKET » means the electronic or paper ticket issued by us to you in respect of a particular flight, as evidenced by the Itinerary/Receipt confirmation and/or boarding pass issued by us to you.
« UNCHECKED BAGGAGE » means any of your Baggage other than Checked Baggage.
« WEBSITE » means our internet website with the address www.flysyphax.com
2.1 GENERAL – Our Conditions of Carriage apply to all flights operated by us, provided that:
2.1.1 If carriage is performed pursuant to a charter agreement, they apply only to the extent they are incorporated in the charter agreement or the Ticket; and
2.1.2 To the extent that they are inconsistent with our Tariffs or applicable laws (and only to such extent), such Tariffs or laws shall prevail.
2.2 CONDITIONS PREVAIL OVER REGULATIONS – In the event of inconsistency with any other Regulations, these Conditions of Carriage shall prevail.
3.1 GENERAL – We will only provide carriage:
3.1.1 if a valid Ticket has been issued;
3.1.2 to the Passenger named in the Ticket and
3.1.3 if the Passenger produces a satisfactory valid passport, civil ID and a visa if required.
3.1.4 if, where specified at time of booking, the passenger produces the credit card that was used to purchase the Ticket.
3.2.1 Where changes are permitted, any details of your carriage you wish to change (e.g. route, date or time), must be informed to us at least 12 hours before the scheduled departure time of the concerned flight. We will permit such changes subject to availability, and you may be subject to an additional charge in accordance with the Fare Rules that are applicable to your Ticket. Name changes or transfers to other or endorseability (endorsement ???) to other carriers are not permitted.
3.2.2 Where changes are necessary due to disruption caused by us – such changes are permitted free of charge.
3.3 VALIDITY – Except as otherwise provided in these Conditions and such rules as we may make in accordance with Article 17 below, reservations are valid only for the flight(s), date(s), and route specified on the Ticket. In the event of serious illness or death of a Passenger, the Ticket of the Passenger and of persons travelling on the same reservation may be modified by waiving any restriction on changing reservations upon submission of satisfactory documentary evidence. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the deceased Passenger’s Ticket and those of his or her accompanying immediate family members may likewise be modified upon production of evidence of death by an immediate family member.
3.4 CANCELLATIONS AND NO-SHOWS – As per our Fare Rules Passengers with a ticket that contains a V, T, H, B L, R, K, M or A (needs to be checked) class in one of the sectors are not entitled to any refunds or credits if they cancel their Ticket or fail to travel on the booked flight. However, in case of death, serious illness or other Force Majeure event, the carriage contract may be cancelled and the fare refunded. Passengers with a ticket that contains (combination of) only Y and F class in the sectors are entitled to refunds or credits if they cancel their ticket at least 24 hours in advance of the flight on which they are booked. If they fail to travel on the booked flight, they are entitled to a refund subject to a cancellation fee as defined in the Fare Rules. However, in case of death, serious illness or other Force Majeure events, the carriage contract may be cancelled and the fare refunded.
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 Tariffs 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 increase the fare to be paid.
4.2 TAXES, FEES AND CHARGES – Applicable taxes, fees and charges imposed by government or other authority or by the operator of an airport or any aviation insurance surcharge or other levy, 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 as 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.
4.3 CURRENCY – Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our Authorised Agent at or before the time payment is made. We may, at our discretion, accept payment in another currency.
5.1 PERSONAL DATA – You recognise 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 authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other airlines or the providers of the above-mentioned services wherever they may be located.
5.2 SEATING – We will endeavour to honour advance seating requests. However, we do not guarantee to provide any particular seat in the aircraft. We reserve the right to assign or reassign seats at any time even after boarding of the aircraft for operational, safety or security reasons and you agree to accept any seat that may be allotted on the flight in the class of service for which the Ticket has been issued.
5.3 SMOKING – You may not smoke in any part of an aircraft operated by us. Failure to adhere to this regulation may result in criminal penalties being brought against you. In addition all disruption costs will be claimed against you by us.
6.1 Check-in desks open two hours before, and close promptly 45 minutes prior to the scheduled departure time. Your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated, in which case you will not be entitled to any refund or credit, except as specified in the Fare Rules.
6.2 You must produce your Booking Confirmation Code or the Itinerary/Receipt as well as a valid passport or civil ID with all the necessary required visas for your journey.
6.3 You must be present at the boarding gate not later than the time specified by us when you check in, and if you are not, we may cancel the space reserved for you, in which case you will not be entitled to any refund for the unflown sectors.
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 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
6.6 You will subject yourself to and comply with a security check in accordance with the rules at the point of departure.
7.1 RIGHT TO REFUSE CARRIAGE – We may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights, and in such case you will not be entitled to any refund or credit. We may also refuse to carry you or your Baggage (and you will not be entitled to any refund or credit) if one or more of the following have occurred or we reasonably believe may occur:
7.1.1 such action is necessary in order to comply with any applicable government laws, regulations, or orders;
7.1.2 the carriage of you or your Baggage may endanger or affect the safety or health of, or inconvenience, other passengers or crew;
7.1.3 your mental or physical state, including your impairment from alcohol or drugs, presents a hazard, risk or discomfort to yourself, to passengers, to crew, or
to property, or requires special assistance which we are unable to provide;
7.1.4 you have refused to submit to a security check;
7.1.5 you have not paid the applicable fare, taxes, fees or charges, or refuse to pay the excess baggage charges;
7.1.6 you fail to observe instructions relating to Credit Card verification;
7.1.7 you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
7.1.8 a valid Ticket has not been issued to you;
7.1.9 you cannot prove that you are the person named in the Ticket;
7.1.10 you fail to observe our instructions with respect to safety or security;
7.1.11 you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
7.1.12 you have previously committed one of the acts or omissions referred to above, and we have reason to believe that you may do so again.
7.2 SPECIAL ASSISTANCE – Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with illness or disabilities must advise us of any special requirements they may have at the time of booking. Failure to advise us of any special needs at the time of booking and appropriately in advance will result in the service being unavailable and being refused without refund or credit.
8.1 FREE BAGGAGE ALLOWANCE – You may carry some Baggage free of charge, subject to our Fare Rules.
8.2 EXCESS BAGGAGE – You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance, specified in our Regulations.
8.3 ITEMS UNACCEPTABLE AS BAGGAGE (Needs to be checked ) Please see the text on the comment
8.3.1 You must not include in your Baggage:
126.96.36.199 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);
188.8.131.52 items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
184.108.40.206 items which are reasonably considered by us to be unsuitable for carriage because they are dangerous or unsafe, or because of their weight, size, shape or character, or because they are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is contained in our Regulations.
8.3.2 Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage provided you have obtained our prior permission at the time of booking. Firearms must be unloaded, with the safety catch on, and suitably packed, and you must produce proof of ownership and legal authority for possession. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 220.127.116.11.
8.3.3 Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.
8.3.4 You must not include in Checked Baggage money, jewellery, precious metals, silverware, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
8.3.5 If, despite being prohibited, any items referred to in Articles 8.3.1, 8.3.2 or 8.3.4 are included in your Baggage, we shall not be responsible for any loss or damage to such items and you shall be held solely liable for all damages and loss resulting therefrom.
8.4 RIGHT TO REFUSE CARRIAGE
8.4.1 Subject to Articles 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in Article 8.3, and we may refuse further carriage of any such items upon discovery.
8.4.2 We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content or character, or for safety or operational reasons, or in the interests of the comfort of other passengers. Information about unacceptable items is available upon request.
8.4.3 We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
8.5 RIGHT OF SEARCH – For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray 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 possession of or whether your Baggage contains any item described in Article 8.3.1 or any firearms, ammunition or weapons which have not been presented to us in accordance with Articles 8.3.2 or
8.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or scan causes Damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.
8.6 CHECKED BAGGAGE
8.6.1 Upon delivery to us of your Baggage which you wish to check, we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage. You must be present at Baggage check-in.
8.6.2 Checked Baggage must have your name or other personal identification affixed to it. It is also recommended to affix such identification inside the Baggage.
8.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
8.6.4 The checked-in luggage allowance applicable to your ticket is defined under Fare Rules.
8.7 UNCHECKED BAGGAGE
8.7.1 We may specify maximum dimensions and/or weight for Baggage which you carry on to the aircraft. If we have not done so, Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your 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, subject to Articles 8.2 and 8.3.
8.7.2 Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in Article 8.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice reasonably in advance and permission has been granted by us. You will be required to pay a separate charge for this service.
8.7.3 The cabin luggage allowance applicable to your ticket is defined under Fare Rules.
8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.8.1 You are required to collect your Checked Baggage as soon as it is made available at your destination. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.
8.8.2 Only the bearer of the Baggage Identification Tag is entitled to delivery of the Checked Baggage.
8.8.3 If a person claiming Checked Baggage is unable to produce the Baggage Identification Tag, we will deliver the Baggage to such a person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
8.9 ITEMS REMOVED BY AIRPORT SECURITY PERSONNEL – We will not be responsible for, or have any liability in respect of, articles removed from your Baggage by airport security personnel acting in accordance with any applicable regulations.
8.10 ANIMALS AND BIRDS – Carriage of falcons only will be allowed upon passsenger’s prior request.
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 The scheduled flight time in effect at the time of Ticket issuance will be shown on your Ticket. It is possible we may change the scheduled flight time subsequently. We will endeavour to notify you of any such changes through your contact information that you provided at the time of booking.
9.2 DELAYS AND CANCELLATIONS
9.2.1 We will take all reasonable measures to avoid delay in carrying you and your Baggage. We will endeavour to notify you of any expected delay in advance if possible through your contact information that you provided at the time of booking.
9.2.2 Where flights are delayed over 2 hours for any reason, you will be entitled to a catering voucher to be used at the airport prior to your delayed flight. When a flight is delayed beyond 6 hours or more, compensation will be provided in accordance with our internal standards and policies.
9.2.3 If we cancel a flight, or fail to operate a flight according to schedule because of an operational failure by us, we shall either (at our sole discretion):
carry you on our next available flight without additional charge; or
issue you a credit voucher of the amount of the fare paid for the cancelled flight, usable by you for any of our services within a period of one year from the date issuance of the voucher; or
refund you the full amount of the paid fare for the cancelled flight, upon our receipt of your written request for the qualified refund within 15 days of the cancelled flight.
9.2.4 Upon the occurrence of any of the matters set out in Articles 9.2.2 and 9.2.3, except as otherwise provided by the Convention, the remedies mentioned in those Articles are the sole and exclusive remedies available to you and we shall have no further liability to you (including in particular, without limitation, in respect of missed connecting flights).
10.1 Some fares paid for flights operated by ourselves may be refundable including corresponding taxes, fees or charges which were paid in respect of such flights. You must notify us of your request for a refund in accordance with the Fare Rules. Some refund requests may be subject to a refund processing fee.
10.2 Refund due on tickets paid for with a credit card can only be credited to the credit card account used for the original purchase. The refundable amount to be paid by us will be in accordance with the rules within this article only on the basis of the amount and the currency entered in the ticket. The refundable amount to be credited to the credit card account of the card owner may vary from the originally debited amount by the credit card company for the ticket due to differences in rates of currency conversion Such variations do not entitle the recipient of the refund to claim against us.
10.3 Taxes applied by the authorities and paid by the passenger are refundable upon the cancellation of the ticket or no show. The claimant is required to report such a claim within 15 days from the date of issue. KD.(5) will be levied as administrative charges.
11.1 GENERAL – If you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew, including but not limited to those with respect to smoking, alcohol or drug consumption, or 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 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.
11.2 PAYMENT OF DIVERSION COSTS – If, as a result of conduct by you of the sort mentioned in Article 11.1 we decide, in the exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, you must pay all costs resulting from that diversion.
11.3 ELECTRONIC DEVICES – 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.
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 transport or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of such third party service provider will apply.
13.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
13.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her 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 exit, 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 and you will not be entitled to a refund.
13.3 REFUSAL OF ENTRY – If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare, taxes, fees and charges collected for carriage to the point of refusal or denied entry will not be refunded or credited by us.
13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC. – If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the 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 duly authorised representatives of Governments or airport authorities or by us.
13.7 CREDIT CARD PAYMENT RESTRICTIONS
13.7.1 In specific countries we do not allow bookings to be paid for online on behalf of another person. Customers requiring to pay by credit card, on behalf of another person, in these specified countries must book at a local travel agent (for more information on local agents please see the ‘contact us’ page on our website).
13.7.2 In specific countries the credit card holder must be a member of the traveling group and produce their credit card at check-in for verification as failure to do so will result in denied boarding. Concerned countries will be highlighted to you at time of booking.
13.7.3 Third parties who purchase Tickets on behalf of other Guests must present themselves with the purchasing credit card at the time of check-in along with valid photographic identification.
14.1 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 or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply. If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us on request.
15.1 DEATH OF OR INJURY TO PASSENGERS
15.1.1 Except as provided in Articles 15.1.2, 15.1.3, 15.1.5 and 15.3, our liability for damages sustained in the event of death, wounding or any other bodily injury suffered by a Passenger shall be subject to applicable law or Convention.
15.1.2 For any damages up to the sum of the equivalent of 100,000 Special Drawing Rights, we shall not exclude or limit our liability by proving that we and our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures. If the Montreal Convention applies, we shall not be liable for damages to the extent they exceed 100,000 Special Drawing Rights if we prove that such damage was not due to a gross negligence or other wrongful act or omission by us or our servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party.
15.1.3 Notwithstanding the provisions of Articles 15.1.1 and 15.1.2, if we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger, we may be exonerated wholly or partly from our liability in accordance with applicable law.
15.1.4 We shall, without delay, and in any event not later than fifteen (15) days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered (which shall not be less than SDR15,000 in the case of death). Any advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases described in Article 15.1.3 or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.
15.1.5 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
15.2.1 We will not be liable for damage to unchecked Baggage unless such damage is caused by our gross negligence or fault or that of our servants or agents.
15.2.2 Our liability in the case of the destruction or loss of, damage to or delay of Baggage shall be limited as provided in Articles 15.2.3 and 15.2.4, provided that such limits shall not apply if:
18.104.22.168 it is proved that the damage resulted from an act or omission by us or our servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; or
22.214.171.124 you have made a special declaration of interest of delivery of the baggage at the point of destination and paid any required supplementary sum, in which case we will be liable to pay a sum not exceeding the declared sum, unless we prove that the sum is greater than your actual interest in delivery of the baggage at destination; or
126.96.36.199 different limits of liability are provided by applicable law.
15.2.3 Where the Warsaw Convention applies, the limits of liability which will normally apply are:
188.8.131.52 Maximum 1000 Special Drawing Rights per Passenger for Checked and un-checked Baggage cumulatively. We shall have no liability whatsoever for damage to articles contained in unlocked or unsecured baggage. Neither will we accept liability for superficial damage caused to baggage as a result of normal wear and tear during the course of carriage. All claims made under the Montreal Convention must be substantiated by documented proof of the date and price of purchase. Depreciation will be deducted.
184.108.40.206 Claims are dealt with up to the Carrier’s limit of liability based on the weight of the baggage concerned or the declared weight in the Excess Baggage Ticket.
15.2.4 We are not liable for any damage caused by your Baggage. You shall be responsible for any damage caused by your Baggage to other persons or property, including our property.
15.2.5 We shall have no liability whatsoever for damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including fragile or perishable items, items having a special value, such as money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, or for damage to or loss of protruding parts such as wheels, straps, pull handles, or other items attached to baggage, or items lost as a result of badly packed baggage.
15.2.6 We shall have no liability whatsoever for loss or damage of Baggage if it proves that we and our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures. We would also not be liable if we are able to prove that the loss or damage was not due to negligence or other wrongful act or omission by us or our servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party
15.3.1 If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other Carrier. Nevertheless, with respect to checked Baggage, you may make a claim against the first or last Carrier.
15.3.2 We are not liable for any damage arising from our compliance with or your failure to comply with applicable laws or Government rules and regulations.
15.3.3 Except as may be specifically provided otherwise in these Conditions of Carriage or by applicable law, we shall be liable to you only for recoverable compensatory damages for proven losses.
15.3.4 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as it and they apply to us. The total amount recoverable from us and from such authorised agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
15.3.5 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws unless otherwise expressly stated.
15.3.6 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under the Convention or applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a Passenger.
16.1 NOTICE OF CLAIMS – Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
16.2 LIMITATION OF ACTIONS – Any right to damages shall be forfeited if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
16.3.1 An action for damages must be brought either before the court of the domicile of the carrier or of its principal place of business.
17.1 Carriage of you and your Baggage is conducted in accordance with certain regulations, conditions and rules or adopted by us. These regulations and conditions may be changed from time to time as deemed appropriate. They concern among other things: flight changes, refund policy, the carriage of young persons, reduced mobility passengers, pregnant or sick passengers, sports equipment, musical instruments, restrictions on use of electronic devices and items and the on board consumption of alcoholic beverages. Regulations and conditions concerning these and other matters are published on our website, will be communicated to you at the time of making your flight booking and are always available from us upon request.
18.1 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.
19.1 No employee, agent or representative of Syphax Airlines has authority to alter, modify or waive any provision of these Conditions of Carriage.