1. Definitions
1.1 Definition of Terms
• “Baggage” means your personal property accompanying you in your trip. Unless otherwise specified, it includes both your Checked and Hand Baggage.
• “Baggage Tag” means a document issued by us to identify a Checked Baggage.
• “Checked Baggage” means baggage for which we have issued a Baggage Tag.
• “Conditions of Carriage” means those statements contained in or delivered with the Itinerary, identified as such and which incorporate by reference, these Terms and Conditions and notices available at our offices and check-in counters.
• “Damage” includes death, bodily injury to a guest, loss, partial loss or other damage, arising out of or in connection with carriage.
• “Electronic Ticket” means the Itinerary that is issued to Guest by us or on our behalf on which the Conditions of Carriage and notices are printed.
• “Guest”, “you”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft with our consent.
• “Hand Baggage” means any baggage and all other items brought by you into the aircraft cabin.
• “Itinerary” means the document we issue to Guest that includes the Guest’s name, flight information, booking number, Conditions of Carriage and notices
• “Seat” means a seat in our aircraft
• “Sector” means the flight from the airport at the point of origin to the airport at the point of destination
• “Tariff” means our fares and charges published electronically or on paper.
• “Terms and Conditions” means these Terms and Conditions of Carriage.
• “Ticket” means any document, including without limitation an Itinerary, officially issued by us or on our behalf that serves as evidence that the person named thereon is entitled to carriage by us on the flight designated therein subject to these Terms and Conditions and the Conditions of Carriage.
• “We”, “our”. “ourselves”, “us” and “Carrier” means Cebu Pacific Air.
• “Website” means the internet site www.cebupacificair.com provided by us for the purpose of guests making online bookings and to access information about us.
1.2 Captions
The title or caption of each Article of these Terms and Conditions is for convenience only and is not to be used for interpretation of the text.
2. Applicability
2.1 General
These Terms and Conditions apply to the carriage by air of Guests and Baggage by us or on our behalf.
2.2 Language
The language of these Terms and Conditions is English and even though there may be translations of these Terms and Conditions in other languages, English shall be the sole language used in the interpretation of these Terms and Conditions.
3. Tickets
3.1 Conclusive Proof of Contract
Subject to paragraph V 5.6 hereof, the Ticket, the Terms and Conditions printed thereon and our Conditions of Carriage (including applicable Tariffs) together constitute conclusive proof of the contract of carriage between you and us and the terms and conditions governing the same.
3.2 Validity
The Ticket is only valid for the guest named and flight specified therein. Ticket validity is for a period of one (1) year from the date of creation of the initial booking. Tickets purchased with travel dates scheduled more than a year after booking will remain valid until the latest travel date.
3.3 Identity
We will only provide carriage to the guest named in the Ticket. You will be required to produce appropriate identification at check-in.
4. Fares
4.1 General
Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airport and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any of your connecting flights. We shall not be liable to you for your failure to meet any of your connecting flights for any reason including but not limited to your inability to procure for yourself ground transport services.
4.2 Infants
Infants under two (2) years old on the date of travel will be charged a minimal handling fee provided the infant sits on an adult’s lap. For infants traveling from Hong Kong, they will be assessed a Hong Kong security Surcharge (Q tax). Only one (1) infant is allowed for one (1) adult. Upon check-in, the presentation of documents with birth date such as birth certificate, passport, certificate of live birth will be required.
4.3 Government Imposed Taxes, Fees and Charges
The price of the ticket may include taxes, fees and charges which are imposed on the conduct of air transportation by government authorities. These taxes, fees and charges which may represent a significant portion of the cost of air travel, are either included in the fare, or shown separately in the “Tax/ Fee/ Charges” box(es) of the Ticket. The guest may also be required to pay by relevant government authorities other taxes, fees and charges not already collected by us at check-in.
4.4 Currency
Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us.
4.5 Accuracy
All fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise any fares and flight schedules at any time and from time to time without prior notice and without incurring any liability to you.
4.6 Applicable Fares
Applicable fares are those published by us or on our behalf, whether electronically or by way of any other medium. Fares may exclude administrative fees, service charges and other charges unless otherwise specifically stated by us.
5. Booking of Seats
5.1 Booking Confirmation
Subject to paragraph V 5.6 hereof, a seat is considered confirmed only if the guest lawfully pays the Ticket in full and we received the payment therefore directly or through our duly authorized representatives and agents.
5.2 Group Bookings
These are governed by specific terms that vary from time to time. Please contact us for further details.
5.3 Flight Change by Guest
Flight change is allowed provided that applicable charges are paid, and is subject to the following conditions:
a) if the new flight booked is in a lower fare class than that of the cancelled flight, the fare difference will not be refunded to the guest;
b) if the new flight booked is in a higher fare class than that of the cancelled flight, the fare difference shall be paid by the guest
c) the change is confirmed when all charges are settled.
5.4 Promotional Fares
Item 5.3 regarding Flight Change may not apply to certain selected promotional fares.
5.5 Name Change
We do not allow any change in the name of the passenger that is reflected in the Ticket. The Ticket can only be used by the guest whose name is indicated on the Ticket.
5.6 Payment
Fares must be paid in full before a Ticket is issued. In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/ or to disallow you to board the aircraft.
Further, we reserve the right to refuse you or your Baggage if, in the exercise of our reasonable discretion, we determine that the payment of your fare has been done fraudulently or unlawfully.
5.7 Refund
Guests may refund their ticket subject to payment of refund penalties.
5.8 Seating
We practice allocated seating.
We also make seat selection available for sale. This enables guests to choose to sit with their travel companions or book for preferred seats (that is, with extra legroom) upon flight booking/ purchase.
VI. Check-in
6.1 Check-in Conditions
Check-in counters open two (2) hours before Estimated Time of Departure (ETD). A confirmed reservation shall be cancelled and released to waitlisted guests if the guest fails to check-in at least forty five (45) minutes before published departure time. We reserve the right to not allow you to check-in without incurring any liability to you and without having to refund you for any fare paid if:
a) you checked in less than forty five (45) minutes before the scheduled departure time of your flight;
b) you fail to have proper identification or fail to identify yourself to the reasonable satisfaction of our staff;
c) you do not have or fail to present upon our request the proper documents, visas and permits necessary for your travel to a particular place or country;
d) you have not fully paid the fare or other charges due to us;
e) you exhibited violent behavior or caused disturbance at our departure terminal or have abused our staff or other passengers whether physically or verbally;
f) the Government or other authorities prohibits your checking in or boarding the aircraft for any reason;
g) in our judgment, you are not fit to travel due to drunkenness or you are under the influence of prohibited drugs or your medication has impaired your judgment, mobility or consciousness to an extent that could compromise the safety of the flight or our crew or the other passengers.
h) in our judgment, you are not medically fit to travel or your pre-existing medical condition poses or could pose a danger or threat to the health of other guests unless proper permit is secured from our medical clinic three (3) days before your flight.
6.2 Boarding
You must be at the boarding gate at least thirty (30) minutes before the scheduled departure time. The boarding gate will close fifteen (15) minutes before departure. Priority for boarding is given to the handicapped, the elderly and those traveling with children.
6.3 No Show
If you fail to check in on time or fail t make yourself available to board the aircraft at boarding time, or for any reason fail to board the aircraft by the time the aircraft is about to depart, we reserve the right to offload your luggage and proceed with the flight without you, without incurring any liability to you. Applicable charge will also be imposed against you.
6.4 Compliance
You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries you have flown from, or will fly into or over and with our Terms and Conditions, notices and all 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, notices, 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, notices, requirements or instructions.
6.5 Travel Documents
You are responsible for obtaining and must possess and have available for presentation as required us and/or by the relevant authorities all entry and exit, health and other documents required by law, regulations, orders, demands or requirements of the countries you have flown from, or will fly into or over. We reserve the right to refuse carriage to any Guest who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.
6.6 Advisory
Filipino minors traveling to a foreign country and unaccompanied by neither parent shall present travel clearance as appropriate in accordance with the existing rules of the Department of Social Welfare and Development (DSWD).
For guests with international travel, they must possess a valid passport with at least six (6) month’s validity and the applicable valid visas. They must also have a return or an onward journey ticket and must be able to satisfactorily prove upon request sufficient means of financial support during their stay in the country of their destination.
6.7 Refusal of Entry
You agree to pay the applicable fare and/ or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether in transit or as a destination. In such circumstances, we will not refund the fare to you.
6.8 Penalties, Fines, Detention Costs etc.
If we are required to pay or deposit 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 flown from, into or over to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply, in our sole discretion, towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.
6.9 Security
You shall voluntarily submit to any security or health checks by Government or airport officials or by us.
VII. Refusal and Limitation of Carriage
7.1 Right to Refuse Carriage
We may refuse you or your Baggage carriage for reasons of safety or security or if, in the exercise of our reasonable discretion, we determine that:
a) 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;
b) your conduct, status, age or mental or physical condition or the physical condition of your baggage is such as to (i) require special assistance, or (ii) cause harm, discomfort or make yourself objectionable to other guests or our crew, or (iii) involve any hazard or risk to yourself or other persons or to property;
c) you have committed misconduct on a previous flight and we have reasonable belief that such conduct may be repeated;
d) you have refused, for any reason, to submit to a security check;
e) the applicable fare or any charges or taxes payable have not been paid;
f) the payment of your fare is fraudulent;
g) you do not have the proper documents for travel;
h) the booking of our Seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by us;
i) the credit card by which you paid for the fare has been reported to us as lost or stolen;
j) the Ticket is counterfeit or fraudulently obtained;
k) the Ticket has been altered by anyone other than us or our authorized agent, or has been defaced or mutilated (in which case we reserve the right to retain such documentation); and/ or
l) the person checking in or boarding cannot prove that he is the person named as the guest on the Ticket (we reserve the right to retain such Ticket in this circumstance)
7.2 Unaccompanied Minor
Children below 7 years old will not be accepted for carriage unless they are accompanied by a person of at least 18 years of age. Children aged 7 to below 12 years old will be accepted for carriage only after the prescribed Unaccompanied Minor Handling Fee is paid and the airline is furnished the requisite documents listed in Item 6.6.
7.3 Special Assistance
Acceptance for carriage of incapacitated guests, guests with illness or other guests requiring special assistance is subject to arrangement with us at least three (3) days prior to the scheduled flight. Without prejudice to paragraph 6.1, guests with disabilities who have advised us of any special requirements they may have at the time of booking of the Seat and been accepted by us upon our reasonable determination that we have the necessary facilities and the ability to meet their special requirements shall not subsequently be refused carriage on the basis of such disability or special requirements.
7.4 Expectant Mothers
It is the responsibility of pregnant guests to advise us of the progress of their pregnancy at the point of booking of Seat and at the time of check-in.
The following shall be the guidelines in the application of the EMIS form:
- Pregnancy below 24 weeks: accomplish Part 1 of the EMIS form.
- Pregnancy 24 to below 34 weeks: accomplish Parts 1 and 2 of the EMIS form signed by personal physician or present a medical certificate.
- Pregnancy 34 weeks and beyond: we will refuse carriage
The expectant mother must complete travel within the validity period of the EMIS form which is three (3) days from the date of issuance when presented for domestic travel and seven(7) days for international travel.
7.5 Infants less than 16 days old
We will refuse carriage.
VIII. Baggage
8.1 Prohibited Goods
We reserve the right to refuse carriage of such Baggage or such items found in Baggage as follows:
a) items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage and to prevent damage to the aircraft or to other passengers or Baggage;
b) 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 Terms and Conditions and Conditions of Carriage;
c) items the carriage of which is prohibited by the applicable laws , regulations or orders of any state or country to be flown from, into or over;
d) items which in our reasonable judgment are unsuitable for carriage by reason of their weight, shape, size or character;
e) fragile or perishable items unless you voluntarily execute a Limited Release Tag relieving us of any liability in case of damage to, or loss or destruction of such items;
f) live or dead animals;
g) human or animal remains;
h) fresh or frozen seafood or other meats provided that such items may be carried on board as Hand Baggage only if we are satisfied that they have been properly packed. Strictly only Styrofoam and/ or cooler boxes that contain dry food/ non-perishables are allowed to be checked-in after inspection of contents by the relevant authorities. Should guests refuse inspection, we have the right to reject admission of Baggage;
i) Firearms and ammunition;
j) Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents), flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium), corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches);
k) Weapons of any kind such as antique firearms, swords, knives and similar items provided that such items may be allowed as Checked Baggage at our absolute discretion and only for very special and justifiable reasons. These cannot be carried into the aircraft for any reason whatsoever.
8.2 Valuable and Fragile Goods
Valuable and Fragile Goods can only be accepted on board the aircraft as Hand Carried Baggage.. Such items include money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment (subject to paragraph 8.7 hereof), negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like. It is your responsibility to ensure that your Hand Carried Baggage is properly packed and placed in a safe and secured place so as to prevent or minimize loss or damage thereto. You are likewise required to advise our cabin crew of the valuable and fragile nature of the contents of your Hand Carried Baggage so that appropriate care may be taken.
8.3 Right to Search
For reasons of safety and security and to the extent allowed by applicable laws, rules and regulations, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage. We reserve the right to search your Baggage in your absence if you are not physically present or available, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. If you refuse to comply with such searches or scans we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our gross negligence or willful misconduct.
8.4 Checked Baggage
Upon your delivery to us of any Baggage to be checked and provided that, for security reasons, you acknowledge to us that you personally packed the Baggage and know the contents thereof, we shall accept the same and issue a Baggage Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. Checked Baggage will be carried on the same aircraft as you unless we decide for safety, security or operational reasons to carry it on another flight. If your Checked Baggage is carried on a subsequent flight we will deliver the same to you within a reasonable time from the arrival of that flight unless applicable law requires you to be present for Customs clearance.
8.5 Free Baggage Allowance
You may transport free of charge Checked Baggage up to a maximum weight of 15 kg for Airbus flights (A319 and A320) and 10 kg for selected ATR flights, subject to the conditions and limitations contained in our Terms and Conditions.
8.6 Excess Checked Baggage
You are not entitled to transport Baggage in excess of the free baggage allowance. If, in our absolute discretion, Baggage in excess of the free baggage allowance is accepted for carriage, you shall pay the applicable charge for the carriage of that excess Baggage.
8.7 Hand Baggage
Only one (1) piece of baggage is allowed to be carried on board provided that it does not exceed the dimensions 56cm x 36cm x 23 cm and provided that it does not weigh more than 7 kg for Airbus flights (A319 and A320); 5 kg for selected ATR flights. Such Baggage 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 or of an offensive nature will not be permitted on-board.
8.8 Collection and Delivery of Baggage
You shall collect your Baggage as soon as it is available for collection at your place of destination. If you do not collect it within a reasonable time from the arrival of your flight and the Baggage needs to be stored at our premises, we may charge you a storage fee. If Checked Baggage is not claimed within three (3) months from the time it was made available to you, we may dispose of it without any liability to you. Only the bearer of the Baggage Tag delivered to the Guest at the time the Baggage was checked is entitled to demand delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he has established his right thereto to our satisfaction, 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. Acceptance of Baggage by the bearer of the Baggage Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage between us.
IX. Schedules and Cancellations
9.1 Schedules
We undertake to use our reasonable efforts to carry the Guest and Baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss or damage of whatever nature incurred by guests as a result of such change. We may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the Ticket in case of necessity.
9.2 Cancellations and Change of Schedule
At any time after a booking has been made we may change our schedules and/ or cancel, terminate, divert, postpone, reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety or security.
In the event of such flight cancellation, we shall at our option, either:
a) rebook you on the next available flight without additional charge; or
b) offer to refund your Ticket;
The foregoing constitutes your sole remedy against us for such circumstances.
9.4 Flight Connections
We are a point-to-point carrier and will not be liable for any misconnections brought about by delays and cancellations.
Guests and baggage will be checked only up to the sector for which you have checked-in. Guests with connecting flights are required to claim all Baggage and clear through Immigration and Customs in all airports and recheck-in to their connecting flight.
However, we offer connections within our network and are sold as such. Only guests who have availed of our flight connections (throughfares) will be treated as connecting guests.
9.3 Disruptions Due to Force Majeure
In the event of flight disruptions due to force majeure, we shall offer you the following options:
a) rebooking within 7 days without charges
b) refund (fare rules shall apply)
X. Conduct Aboard Aircraft
10.1 If in our reasonable opinion, you conduct yourself on board the aircraft in a manner that endangers the aircraft or any person or property on board, or obstructs or hinders the crew in the performance of their duties, or you fail to comply with any instruction of our crew including but not limited to those with respect to smoking, consumption of alcohol, use of mobile phones, or you use any threatening, abusive or insulting words towards our crew or you behave in a manner that causes discomfort, inconvenience, damage or injury to other guest/s, we may take such measures as we deem reasonably necessary to prevent the perpetration of such conduct including but not limited to the use of physical restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft.
10.2 If as a result of your conduct we decide, in the exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you shall be liable for and shall indemnify us of all costs, damages and liabilities which we may incur of any nature whatsoever resulting from, arising out of or in connection with that diversion.
10.3 For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, mobile phones, 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.
10.4 No smoking is permitted on any of our flights.
XI. Liability Limitations
11.1 Warsaw Convention Notice
If the guest’s journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable for the entire journey, including any portion entirely within the country of origin or destination. For such guests on a journey to, from or with an agreed stopping place in the United States of America, the Convention and special contract of carriage embodied in applicable tariffs provide that the liability of certain carriers, parties to such contract for death of or personal injury to guests is limited in most cases to proven damages not to exceed USD75,000 per guest and that this liability up to such limit shall not depend on negligence on the part of the Carrier. For such guests traveling by a carrier not a party to such special contracts or on a journey not to, from, or having an agreed stopping place in the United States of America, liability of Carrier for death or personal injury to guests are limited in most cases to approximately USD10,000 or USD20,000.
The names of carriers, parties to such special contracts, are available at all ticket offices of such carriers and may be examined on request. Additional protection can easily be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the Carrier’s liability under the Warsaw Convention or such special contracts of carriage. For further information, consult the airline or insurance company representative. Note: the limit of liability of USD75,000 above is inclusive of legal fees and cost except that in case of a claim brought in a state where provision is made for separate award of legal fees and costs, the limit shall be the sum of USD58,000 exclusive of legal fees and costs.
11.2 Notice of Baggage Liability Limitations
Liability for loss or damage to Baggage is limited unless a higher value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel vary according to the respective law. For most international travel (including domestic portions of international journeys), the liability limit is approximately USD9.07 per pound (USD20 per kilo) for Checked Baggage and USD400 per guest for Hand Baggage. For domestic travel, the liability limit for lost baggage is PhP100 per kilo and for damage to baggage it PhP40 per kilo. Excess valuation may be declared on certain types of articles. Some carriers assume no liability for fragile, valuable or perishable articles. Further information may be obtained from Carrier.
11.3 Where Warsaw Convention is not applicable or where your journey is entirely within the Philippines
Where you carriage is not subject to the liability rules of the Warsaw Convention or where your journey is entirely within the Philippines, the following rules shall apply:
a) Any liability we have for Damage will be reduced or mitigated by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
b) We will not be liable for Damage to Checked or Hand Baggage unless such Damage is caused by our gross negligence or willful misconduct and such Baggage was placed with our consent within our control.
c) Except in the case of gross negligence or willful misconduct, our liability in the case of Damage to Checked Baggage and Hand Baggage shall be limited to the amount provided for in the Fee Summary. If the weight of the Baggage is not recorded on the Baggage Tag, it is conclusively presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If, in the case of Checked Baggage, a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.
d) We will not be liable for any Damage arising from our compliance with applicable laws or Government rules and regulations or from your failure to comply with the same.
e) Except as otherwise provided in these Terms and Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law as determined by a competent court in a final judgment disposing of the issue or controversy.
f) We are not liable for Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to you, other persons or property, including without limitation your and our property. You shall hold us, our affiliates, our crew, officers, employees, representatives, agents, successors and assigns free and harmless from any liability that may arise in connection with any damage caused by your Baggage to you, to other persons or property, including without limitation your and our property.
g) Subject to paragraph 8.2 hereof, we shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Hand Baggage including but not limited to 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, title deeds or samples.
h) We are not be responsible for any illness, or disability, including death, attributable to your physical condition at the time you took your flight or for the aggravation of such condition by reason of you taking your flight.
i) The Contract of Carriage including these Terms and Conditions and exclusions or limits of liability, applies to our authorized agents, servants, employees, officers, directors, successors, assigns and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorized agents, servants, employees, officers, directors, successors, assigns and representatives shall not exceed the amount of our own liability, if any.
j) Nothing in these Terms and Conditions of the Conditions of Carriage shall operate to waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable laws otherwise expressly stated by us.
XII. Time Limitation on Claims and Actions
12.1 Notice of Claims
Acceptance of Baggage by the Bearer of the Baggage Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage, unless you prove otherwise. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage and while you are still at the airport premises. If you wish to file a claim or an action regarding loss, damage or delay of Checked Baggage, you must notify us right after your flight and before leaving the airport premises. Failure to report incident is a waiver of any claim of loss or damage. Every such notification must be in writing and posted or delivered to us at our official place of business within the above period.
12.2 Limitation of Actions
Any right to damages shall be extinguished if an action is not brought against us within two (2) years of the date the cause of action accrued.
XIII. Modification and Waiver
13.1 None of our agents, employees or representatives has authority to alter, modify or waive any provisions of these Terms and Conditions.
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