
Conditions of Contract Livingston
Conditions of Contract Livingston:
ON DEPARTURE
The time shown on flight coupons is the departure time of the aircraft. In order to perform check-in operations in due time, the passengers is requested to arrive at the airport check-in desk (or other site specified by the Carrier) no later than the time Limit shown on this page or - should this be missing - on the Carrier's official time-tables or other printed matters. Lack of travel documents required, or late presentation of passenger at check-in desk, entails denial of acceptance on the flight, without implying Carrier's liability. In addition, should the passenger fail to depart, the Carrier will be free to cancel all reservations of connecting or return flights.
ON ARRIVAL
Passenger must pick up his baggage personally, before leaving the airport.
(Conditions and notices related to international and national carriage)
1. As used in this contract "ticket" means this passenger ticket and baggage check, of which these conditions and the notices form part; "transportation" is equivalent to "carriage"; "Carrier" means all air Carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage; "operating air Carrier "means an air Carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, both natural or corporate, having a contract with that passenger; "community Carrier" means an air Carrier with a valid operating licence granted by a member State in accordance with the provisions of Council Regulation (EEC) no. 2407/92 of 23rd July 1992, on licensing of air Carriers; "Montreal Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal on 28th May 1999; "European Union Regulation no. 2027/1997" means the Regulation issued by European Union Council on 19th October 1997 about the responsibility of air Carrier with reference to the air carriage of passengers and their baggage as modified by "European Union Regulation no. 889/2002" issued by European Union Council and European Parliament on 13th May 2002; "European Union Regulation no. 261/2004" means the Regulation issued by European Council and European Parliament on 11th February 2004 about common rules for a payment compensation system in case of refused embarkation to the passengers, cancellation or delay of flights, repealing Regulation (EEC) no. 295/91.
2. Carriage hereunder is subject to the rules and limitation relating to liability provided for by the Regulation (EC) no. 2027/97 of 9th October 1997, as modified by Regulation (EC) no. 889/2002 of 13th May 2002 and, for the aspects not governed by the aforementioned Regulation, by the Montreal Convention and by Regulation (EC) no. 261/2004 of 11th February 2004.
3. To the extent not in conflict with the foregoing, carriage and other services performed by each Carrier are subject to: (I) provisions contained in this ticket, (II) applicable tariffs, (III) Carrier's conditions of carriage and related regulations which are made part hereof (and are available, on application, at the offices of Carrier), except for carriages between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries will apply.
4. Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in Carrier's tariffs, conditions of carriage, regulations or timetables; Carrier's address shall be the airport of departure shown beside the first abbreviation of Carrier's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in Carrier's timetables as scheduled stopping places on the passenger's route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.
5. When an air Carrier (contracting Carrier) issues a ticket for carriage, to be performed in part or whole, over the lines of another air Carrier (actual Carrier) both the contracting Carrier and the actual Carrier shall be subject to the rules of Montreal Convention, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.
The acts and omissions of the actual Carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual Carrier, be deemed to be also those of the contracting Carrier and vice-versa.
6. Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, servants and representatives of Carrier and any person, both natural or corporate, which aircraft is used by Carrier for carriage and its agents, servants and representatives.
7. Checked baggage will be delivered to bearer of the baggage check. In case of damage, loss, or destruction of baggage moving in transportation complaint must be made in writing to Carrier forthwith after discovery. In case of damage the passenger must complaint in writing, at the latest, within 7 days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered.
If the air Carrier actually performing the flight is not the same as the contracting air Carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air Carrier is indicated on the ticket, that air Carrier is the contracting air Carrier.
8. This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in Carrier's tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.
9. Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable quickness. Times shown in the timetables or elsewhere are not guaranteed and form not part of this contract. Carrier may without notice substitute alternative Carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections. With this regard, Carrier suggest passengers to book connecting flights with a minimum interval period of not less than five hours.
10. Passengers shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by Carrier or, if no time is fixed, sufficiently in advance in order to complete security formalities and departure procedures.
11. No agent, servant or representatives of Carrier has authority to alter, modify or waive any provision of this contract.
ADVICE TO PASSENGERS ON LIMITATION OF DELAY'S LIABILITY
In accordance with Regulation (EC) no. 2027/97 and subsequent amendments, the Montreal Convention and Regulation (EC) no. 261/2004, in case of delay, the Carrier will be responsible safe that it has taken all possible measures in order to avoid it or in the event in which it was impossible to take such measures. In that case, the liability for damages is limited to 4.150 SDR. When an operating air Carrier reasonably expects a flight to be delayed beyond its scheduled time of departure: a) for two hours or more in the case of flights of 1.500 kilometres or less; or b) for three hours or more in the case of all intra-Community flights of more than 1.500 kilometres and of all other flights between 1.500 and 3.500 kilometres; or c) for four hours or more in the case of all flights; passengers shall be offered by the operating air Carrier free meals and refreshments, in a reasonable relation to the waiting time, plus two free telephone calls, telex or fax messages, or e-mails. If the time of departure is deferred until the next day, passengers must also be offered: a) hotel accommodation: where a stay of one or more nights becomes necessary, where a stay additional to that intended by passengers becomes necessary; b) transport between the airport and the place of accommodation (hotel or other).When the delay is five hours or longer, passengers must be offered: reimbursement of the cost of the ticket, at the price at which it was bought, within seven days, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant a return flight to the first point of departure, at the earliest opportunity.
ADVICE TO PASSENGERS ON LIMITATION OF BODILY DAMAGES LIABILITY
The liability of the Carrier for damages sustained in the event of death, wounding or any other bodily injury by a passenger shall not be subject to any financial limit. For any damages up to the equivalent in euros of 100.000 SDR* the Carrier shall not exclude or limit its liability by proving that he or his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures. With respect to the damages exceeding the said limit the Carrier is not liable if he proves that the damage was not due to him or his agents negligence, illegal act or omission, or that the damage was due to a third person negligence, act illegal or omission. Notwithstanding the provisions of the paragraph above, if the Carrier proves that the damage was caused by, or contributed to by, the negligence of the injured or deceased passenger, the Carrier may be exonerated wholly or partly from its liability in accordance with the provisions of its own law. In addition, in cases of death or bodily injury, the Carrier will make advance payments to the person entitled to compensation, within 15 days from the identification of the person entitled to compensation, in order to meet immediate economic needs, in proportion to the suffered damage. Said advance payments shall not be less than the equivalent in euros of 16.000 SDR per passenger in the event of death. The SDR quotations, national monetary unit, defined by International Monetary Fund, is quoted on financial newspapers.
Notice of baggage liability limitations
Baggage delays. In case of baggage delay, the air Carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1.000 SDR (approximate amount in local currency).
Destruction, loss or damage to baggage. The air Carrier is liable for destruction, loss or damage to baggage up to 1.000 SDR (approximate amount in local currency). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the Carrier is liable only if at fault.
Higher limits for baggage. Passengers can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. Further information may be obtained from the Carrier.
Limits of Action. The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating that period shall be determined by the law of the court seized of the case.
Information about baggage. The passenger must affix a label with his name and surname on his cabin and/or checked baggage. Baggage presented by the passenger without a name label will not be accepted by the Carrier. Identification labels are available at any sales office and airport. In addition to the free baggage allowance, one piece of hand baggage not exceeding the weight of kg 5 and the total dimensions of cm 115 /sum of length +height +width) may be carried free of charge. Fragile or perishable articles, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples shall not be accepted as checked baggage. With regard to animals transportation, we suggest to contact previously Carrier's offices, in order to know the provisions to be applied.
Dangerous articles in baggage. For safety reasons, dangerous articles such as those listed below, must not be carried in passenger's baggage. Articles forbidden for the transportation in checked baggage: explosives, such as detonators, fuses, grenades, mines, explosive munitions, fireworks and explosives compressed gasses (flammable, non-flammable, deeply refrigerated, irritating and poisonous materials) such as butane, oxygen, liquid nitrogen, aqualung cylinders, personal defence sprays, flares, starter pistols; flammable liquids and solids such as lighter fuel, matches, paints, thinners, fire-lighters, including alcohol over 70% volume content; corrosives such as acids, alkalis, mercury and wet cell batteries; radioactive materials; oxidising materials such as bleaching powder, peroxides; briefcases and attaché cases with installed alarm devices; diving torches with batteries; poisons and infectious substances such as insecticides, weed-killers and virus materials; other dangerous articles such as magnetised materials, offensive or irritating materials. The following items are forbidden from being transported in sterile areas or in aircraft passenger cabins (carry-on baggage): Pistols, firearms and other weapons - all firearms (pistols, revolvers, carbines, rifles etc), firearm replicas and imitation firearms, any parts of firearms, pistols or of air-rifles or ball-bearing rifles, flare-guns, starter-pistols, toy guns, ball-bearing guns, industrial staplers or nailer-pistols, crossbows, catapults, harpoon guns and fishing-guns, humane killers, abattoir stun-guns, abattoir-pistols and lasers and cigarette lighters in the shape of firearms; Pointed, dented or sharp weapons - axes and hatchets, arrows and darts, crampons, harpoons and slings, ice-picks and ice-breakers, ice-skates, pen-knives, flick-knives with blades of any length, knives (including ceremonial knives with metal blades of 6cms or more or with blades of any material which is hard enough to make them a potential weapon), butcher-knives, machetes, cut-throat razors or razor-blades (except for safety razors or throw-away razors with the blade or blades incorporated in the razor-frame), swords, sabres and rapiers, surgical knives, scissors with blades of 6 cms or more, ski-rackets, walking sticks, bengala rockets, any sharp or pointed tool that may be used as a weapon (for e.g., drills and drill pieces, cutters, tool-knives, any type of saw, screwdrivers, jemmies and crow-bars, hammers, pincers, ratchets and spanners, blow-burners and flame-throwers); Bevelled instruments and tools - baseball bats, softball bats, cricket bats, golf clubs, hockey sticks, lacrosse bats, hard or flexible bats or clubs (for e.g., cudgels and batons), kayak and canoe paddles, skateboards, billiard cues, fishing rods, martial art equipment ( for e.g., knuckle-busters, kung fu wands, piercing items, rice flails, num chucks, kubatons, kubasaunts); Explosives and inflammable substances - ammunition, detonators and fuses, explosives and explosive devices, replicas or imitations of explosive materials or devices, mines and other explosive military supplies, any type of grenade, gases and gas cylinders (for e.g., butane, propane, oxygen, acetylene), fireworks, rockets of any type or pyrotechnical items of any sort (including bangers and toy-gun caps), non-safety matches, smoke-canisters and smoke-candles, inflammable liquid combustibles (for e.g., petrol, diesel oil, lighter fuel, methylated spirits, ethanol spirits), aerosol paint spray-cans, turpentine and paint solvents, alcoholic drinks with alcoholic content of 70 proof or more; Chemical and toxic substances - acids and alkaline substances (for e.g., wet spillable batteries), corrosive or bleaching agents (mercury, bleach), disabling or stunning sprays (for e.g., mace-sprays, pepper-sprays, tear gas), radioactive material (for e.g., medical or commercial isotopes), poisons, infective or dangerous material (for e.g., infected blood or plasma, bacteria or viruses), self-combustible or self-igniting material, extinguishers; Liquids - water and other drinks, soups, syrups, crèmes, lotions, oils, perfumes, sprays, gels (including hair gels and shower/bath gels), pastes (including toothpastes), liquid and solid mixtures, pressurised cans and their contents (including shaving foam, other foam and deodorants), mascara, any other item of the same or similar consistency - UNLESS they are contained in individual containers with a maximum capacity of 100 millilitres each or equivalent (e.g., 100 g., 3,4 ounces), packed separately from the other carry-on baggage, in one closed, re-sealable and transparent plastic bag, of not more than 1 litre capacity per passenger (e.g., 18 cm x 20cm, 7,09 x 7,87 inches). In addition, limited quantities of medicines and dietary substances (including baby food), necessary for the flight duration, are allowed in the carry-on baggage, as well as liquids purchased in the airport's commercial areas beyond the security controls. It is forbidden to transport objects or packages, of unknown contents, on behalf of a third party, and it is prohibited to leave the luggage unattended during the stay at the airport. Use of electronic devices of any kind and telephones is not permitted on board. Further information is available on request.
Special assistance. The carriage shall also be provided in accordance with certain other regulations and conditions which either apply to Carrier or have been adopted by Carrier. These regulations and conditions may change from time to time. They concern, among other things, the carriage of unaccompanied minors, pregnant women, passengers with disabilities and persons requiring special assistance.