Conditions of carriage
CONDITIONS OF CARRIAGE FOR PASSENGERS AND BAGGAGE IN AIR TRANSPORT OF TRAVEL SERVICE, A.S. AND SMARTWINGS
- 1 DEFINITIONS
- 1.1 Definitions of terms
- 2 APPLICABILITY
- 2.1 Generally
- 2.2 Lease (Charter Flights)
- 2.3 Breach of Law
- 2.4 Terms exceeding regulations
- 2.5 Special provisions for the flights to/from United States of America
- 3 AIR TICKETS
- 3.1 General provisions
- 3.2 Non-transferability of air ticket
- 3.3 Loss or theft of a ticket
- 4 FARES AND CHARGES
- 4.1 Generally
- 4.2 Taxes and charges
- 4.3 Fare payment
- 5 RESERVATION
- 5.1 Reservation requirements
- 5.2 Personal data
- 6 CHECK-IN AT THE AIRPORT
- 6.1 Generally
- 6.2 Minimum time for check-in
- 6.3 Liability
- 6.4 Seat allocation in the aircraft
- 7 OBLIGATIONS OF PASSENGERS
- 7.1 Obligations of passengers in carriage by air
- 8 OBLIGATIONS OF THE CARRIER
- 8.1 Obligations of the carrier in carriage by air
- 9 EXCLUSION FROM CARRIAGE
- 9.1 The right to exclude from carriage
- 10 CONDITIONAL ACCEPTANCE FOR CARRIAGE BY AIR
- 10.1 Conditional acceptance for carriage by air
- 10.2 Carriage of passengers with reduced mobility
- 10.3 Carriage of pregnant women
- 10.4 Carriage of minors up to 2 years of age
- 10.5 Unaccompanied minors
- 11 BAGGAGE
- 11.1 Generally
- 11.2 Unchecked baggage
- 11.3 Checked baggage
- 11.4 Baggage carried under specific conditions
- 11.5 Excess baggage
- 11.6 Carriage of living animals
- 11.7 Baggage check
- 11.8 Baggage collection
- 11.9 Baggage claims
- 12 TIMETABLE AND IRREGULARITIES
- 12.1 Timetable
- 12.2 Irregularities in air transport
- 13 REIMBURSEMENT
- 13.1 Reimbursement of air tickets on charter flights of SmartWings
- 13.2 Reimbursement of air tickets on charter flights
- 14 TRAVEL FORMALITIES
- 14.1 Generally
- 14.2 Customs and security check
- 15 CARRIER’S LIABILITY FOR DAMAGE
- 15.1 Generally
- 15.2 Carrier’s liability and indemnity scope
- 15.3 Carrier’s limitation of liability for damage
- 16 CLAIM PROCEEDING AND CLAIM PERIODS
- 16.1 Claim proceeding
- 16.2 Claim periods
- 17 FINAL PROVISIONS
- 17.1 Validity and Effect
1.1 Definitions of terms
- „Call Centre“ shall be an organizational unit of the carrier to perform the phone processing of the customer’s requirements.
- „Passenger“ shall mean any person with exception of crew members carried by air with approval of the carrier.
- „Days“ shall mean calendar days including all seven days in a week; it is assumed that for the notification purposes, the day of sending notification shall not be included; for sake of determining the validity duration, the day of air ticket issue or the commenced flight shall not be included.
- „Agreed places of stopover“ shall be understood as departure and destination places specified in a ticket or flight schedules of the carrier as the places of planned stopover in the trip of a passenger.
- „Carrier“ shall mean an air carrier issuing an air ticket and all air carriers, which within its frame, carry or have committed themselves to carry a passenger and his/her baggage.
- „Master ticket“ – a list of passengers in an electronic form according to which the carriage of a passenger and carriage of his/her baggage shall be undertaken.
- „Identification coupon of baggage ticket“ shall be the part of a baggage ticket that is passed on to a passenger during baggage check-in made for the identification and the contingent claim purposes.
- „IATA“ shall mean the International Air Transport Association.
- „ICAO“ shall mean the International Civil Aviation Organization.
- „Coupon for passenger or Certificate for passenger“ shall mean the part of an air ticket issued by the carrier or by name of the carrier that is marked to this end and to be finally kept by a passenger.
- „Air Transport Regulation“ shall mean the Regulation of Ministry of Transport dated 14 March 1996, on air transport regulation, as amended or a subsequent legal standard succeeding the regulation.
- „Air Ticket / Electronic Air Ticket / Travel Confirmation“ shall mean a document issued by the carrier or its agent to a passenger pursuant to which the carriage of a passenger and his/her baggage shall be undertaken.
- „Flight Coupon“ shall mean the part of a paper air ticket that contains specification of single places the passenger shall be entitled to for a carriage among them.
- „Excess Baggage“ shall be a baggage the weight or size of which exceeds the set limits, however, acceptable for the carriage pursuant to carriage conditions of the carrier.
- „Unchecked baggage (cabin baggage)” shall mean a baggage the passenger may take with him/her into the cabin of aircraft and he/she shall take care about it during the whole trip.
- „Search“ – search procedure for the undelivered baggage undertaken by the carrier.
- „Declared value charge“ shall be the charge resulting from the total value of baggage as declared by a passenger prior to departure.
- „Declared value“ shall be the declared value of baggage including its content representing the higher value than the liability limit of the carrier.
- „Carrier Operating Manual“ shall be the manual pursuant to OPS 1.200 provisions of the Commission Regulation (EC) No 859/2008 as amended.
- „Carrier Regulations“ shall mean rules different to these Conditions issued by the carrier and in force on the day of air ticket issue related to a passenger or his/her baggage carriage and to include applicable rates in force.
- „Flight discontinuation“ shall mean an intentional discontinuation of a trip by a passenger in the point between the place of departure and destination agreed in advance by the carrier.
- „Claim“ shall mean the written indemnity requirement, when the terms of a carriage agreement were not met by the air carrier.
- „Damage“ shall include death, injury, delay, part loss or other damage of any nature occurred by the carriage or in connection with the carriage or other services performed alongside it by the carrier.
- „SDR (Special Drawing Rights)” shall mean an international currency unit as defined by the International Monetary Fund.
- „Convention“ shall mean any of the following conventions:
- Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 (further referred to as Warsaw Convention)
- Warsaw Convention as amended at The Hague on 28 September 1955
- Warsaw Convention amended by Additional Protocol No. 1 at Montreal in 1975
- Warsaw Convention amended at The Hague in 1955 and by Additional Protocol No. 2 at Montreal in 1975
- Warsaw Convention amended at The Hague in 1955 and by Additional Protocol No. 3 at Montreal in 1975
- Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, done in Guadalajara on 18 September 1961
- Convention for the Unification of Certain Rules for International Carriage by Air, done in Montreal on 28 May 1999
- Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraf as amended by Regulation No. 102/84 Coll.
- „Baggage“ shall mean such items and other corporal possession of a passenger to be a necessary and reasonable component of his/her clothes, individual needs and his/her convenience or a comfort in connection with the trip. It shall include both the checked and unchecked baggage of a passenger, unless otherwise stated.
- „Baggage ticket“ shall be an identification tag for every part of a checked baggage.
- „Checked baggage“ shall mean a baggage to be placed for the duration of flight in the baggage compartment of aircraf and with a baggage ticket issued by a carrier.
- a) The Conditions of Carriage for Passengers and Baggage in Air Transport (further referred to as Conditions) shall be related to all scheduled and charter intranational and international transport of passengers and baggage undertaken by Travel Service, a.s. (further referred to as carrier) including services relating to transport and carriage.
- b) These Conditions shall simultaneously also apply for the scheduled flights of a carrier operated under the trade description of SmartWings (further referred to as scheduled flights of SmartWings).
- c) In the event of charter transport of passengers and baggage, the carrier shall be entitled to apply some provisions of these Conditions differently.
- d) Different carriage conditions may apply for the route operated by a foreign carrier, if a foreign carrier is involved in the carriage of a passenger.
- e) These Conditions shall also apply for carriage free of charge and for reduced fares with excemption of those events, when otherwise specified by a carrier in its regulations or relevant agreements, certificates or air tickets.
2.2 Lease (Charter Flights)
- a) These Conditions shall apply in entirety, if a carriage is undertaken pursuant to a lease agreement (further referred to as Charter Flights), unless otherwise stated in a lease agreement.
2.3 Breach of Law
- a) Within the scope, where any provision contained herein or the referred provision shall be in conflict with anything contained in the Convention, any applicable law, government provisions, regulations or requirements, which cannot be cancelled by agreement of contracting parties, such provision shall not apply.
- b) The invalidity of any provision shall not have an impact on the applicability of any other provision.
2.4 Terms exceeding regulations
- a) In the event of inconformity between these Conditions and regulations of the carrier, these Conditions supersede.
2.5 Special provisions for the flights to/from United States of America
- a) Articles 4.2 a), 11.3 j), 11.3 k), 11.8 c), 15.3 e), f), g), h) of these Conditions shall not apply for the flights to and from USA.
3 AIR TICKETS
3.1 General provisions
- a) The air ticket shall construct prima facie evidence on the conclusion and terms of a carriage agreement between the carrier and passenger, unless the contrary proved.
- b) The air carrier shall not accept for carriage a person without a valid air ticket issued by air carrier. Upon request of a carrier or other eligible authorities, the passenger shall be obliged to present air ticket and submit to a carrier the relevant flight coupons. The flight coupons have to be used in the sequence specified in the coupon for passenger. Throughout the whole trip the passenger shall be obliged to keep an air ticket with all flight coupons not submitted yet by him to a carrier or a confirmation of the carrier replacing this coupon. In case of use of block air ticket, electronic air ticket or trip confirmation, the passenger shall be checked in on the basis of electronic list of passengers and the special procedures of the carrier apply thereto.
- c) Should the submitted air ticket be damaged or lost, or the data in an air ticket be unreadable or changed by anybody different to the carrier or a representative authorized by the carrier, the passenger should not any more be entitled to a carriage.
3.2 Non-transferability of air ticket
- a) The air ticket shall not be transferable. Should the air ticket be presented by anybody different to the person eligible to the carriage or refund in connection with the air ticket, the carrier would not be liable to the eligible person, unless it carried bona fide a person submitting the air ticket or refunding such person.
3.3 Loss or theft of a ticket
- a) The duplicate of an original document may be issued in replacing the lost or stolen air ticket, if the loss or theft of a ticket was discovered by a passenger. For such event, the passenger shall be obliged to pay costs to the carrier relating to drawing a duplicate and yet to make a written guarantee to cover possible damages and losses to the carrier that might have been occured by abusing an original document lost.
4 FARES AND CHARGES
- a) The fares announced by a carrier as actual on the day of air ticket payment shall be obligatory for a carriage dealt with by these Conditions. Should there be no fare between two places announced, the combined fare applies.
- b) The fare price confirmed at the reservation applies for a carriage from departure to destination airport only, unless otherwise explicitly stated. Neither the ground transport among single airports, nor the carriage between airports and city terminals is included in the price. Should the passenger intend to change his/her flight or any part of his/her trip plan, other charges might possibly be added.
- c) The trip discontinuation shall only be possible, if the terms of relevant fare allow. The trip discontinuation has to be marked in the air ticket.
4.2 Taxes and charges
- a) Any tax or charge established or approved by eligible state authorities or airpot operator or any service or equipment used by a passenger shall be added to the mentioned fare and the charges be paid by a passenger, unless otherwise stated by regulations of the carrier. If the taxes and charges level in the period between air ticket drawing and start of the trip was changed, the relevant financial diference shall be levied or returned additionally.
4.3 Fare payment
- a) The fare shall be paid in cash or cashless in the currency accepted by the carrier according to the foreign exchange regulations of relevant country. Should the fare be paid in the currency different to the one published, the calculation would be made according to the exchange rate used by the carrier.
5.1 Reservation requirements
- a) The reservation(s) of every passenger shall be noted by the carrier. Should the reservations be made via internet or a Call Centre, the carrier would send to a passenger by e-mail a written confirmation of reservation(s) upon request prior to the departure(s). Should the reservations be made by agents of a carrier, the passenger would contact these agents.
- b) Some prices of a carrier may be binded by the terms limiting or exluding the right of a passenger for change or cancelation of the reservation.
5.2 Personal data
- a) For sake of reservation, the passenger shall take note of submitting a carrier to relevant authorities with his/her personal data for the following purposes: reservations, flight purchase, additional service provision such as hotel booking and car lease, creating and providing a special service such as special equipment for persons with reduced mobility, immigration and entry formalities facilitation and information relating to the trip. Herewith the passenger shall explicitly authorize the carrier to save data to this end, use them and submit to its offices, authorized representatives, authorities and other carriers or suppliers of the mentioned services. The carrier shall be eligible to provide personal data of passengers to third parties, if the damage was caused to other passengers or other passengers were injured. Without prior consent of a passenger, his/her personal data shall not be used in the marketing activity.
6 CHECK-IN AT THE AIRPORT
- a) The passenger shall be obliged to come to the check-in in time, however, up to the time set by the carrier as specified by Article 6.2 of these Conditions the latest.
- b) For the carriage pursuant to Article 2.2 of these Conditions (Charter Flights), the party ordering the flight shall be liable to the carrier for on-time-arrival of passengers to be checked-in pursuant to Article 6.1 a).
- c) The carriage of a passenger by the carrier may be effectuated subject to presentation of comprehensive and valid travel documents together with ID card/passport/visa or other alternate document, if the original documents were lost. The presentation of suitable ID document such as note in the passport of a person eligible for education or ID card of minor also applies to the minors and toddlers.
- d) Should not the entry regulations of the destination state be fulfilled, nor the transport documents/ID cards specific to the country would not be able to present, the carrier shoud be authorized to deny the carriage. In case of carriage to the countries outside the Schengen space, according to Article 2.2 of these Conditions (Charter Flights), the carrier shall be authorized to deny the carriage also when the passanger flying to the country outside the Schengen space did not meet the entry requirements of return to the departure airport, if the country of such final destination outside the Schengen space required the confirmed return reservation as an entry condition.
- e) The passenger shall be obliged to be prepared for boarding at the time specified in the boarding pass the latest and present together with a valid boarding pass in the boarding area/at the boarding gate of his/her flight. Should not the boarding time be specified in the boarding pass, the passenger would be obliged to be present in the boarding area/at the boarding gate of his/her flight 20 minutes prior to departure of his/her flight the latest.
- f) The exact departure times shall be specified in the air ticket/relevant confirmation of a reservation.
6.2 Minimum time for check-in
- a) To allow boarding of a passenger, the booked flight for the short- and long-distance flights up to 5,000 km, he/she shall be obliged to come to the check-in counter to collect boarding pass 40 minutes prior to departure the latest.
- b) To allow boarding of a passenger, the booked flight for the long-distance flights above 5,000 km, he/she shall be obliged to come to the check-in counter to collect the boarding pass 60 minutes prior to departure the minimum.
- a) The carrier shall not be liable for damage occurred to the passenger as result from passenger’s violation of obligations set forth in Section 6.1 of these Conditions.
- b) Should the additional costs occur to the carrier that are connected with breach of obligations mentioned above pursuant to Article 6.1 such as breach of customs and passport regulations of the departure or arrival country, costs of a passenger deportation, costs billed by the state authorities of the country relating to the breach of law of the departure or arrival country, flight delay due to late arrival of a passenger to the boarding area/boarding gate, etc., these additional costs would be exacted by the carrier from the passenger.
6.4 Seat allocation in the aircraft
- a) The carrier shall not guarantee that a requested seat be allocated to a passenger in the aircraft. The seats in the aircraft shall be confirmed in the boarding pass, and they shall, as a rule, be allocated to passengers according to the sequence at check-in counter.
7 OBLIGATIONS OF PASSENGERS
7.1 Obligations of passengers in carriage by air
- a) Prior to purchase of a ticket and boarding aircraft, the passenger shall on call of a carrier’s staff member or state authorities be obliged to identify him/herself and present the relevant travel documents, and answer questions of security nature, if appropriate, or submit the requested personal data to the eligible state authorities. Pursuant to government regulation, the carrier may be requested to submit passenger data or access these data.
- b) When purchasing or making reservation of air ticket through travel agency, the passenger shall be obliged to report the air carrier on his/her health troubles that may complicate his/her carriage, or may have a negative impact on the flight procedure.
- c) The passenger shall be obliged to undergo security check including his/her checked and unchecked baggage.
- d) Pursuant to applicable international regulations, the passenger must not keep with him/her the weapons, ammunition, knifes, toys matching with real assault weapons such as revolvers, bombshels, and all other items of a stabbing and cutting nature. These items must be deposited in the checked baggage only. The carrier shall waive any liability for items seized outside the aircraft due to security reasons.
- e) The substances of dangerous nature such as explosives and ammunition, combustible, corrossive agent, compressed gas, poison or toxic and contagious material, oxidizing substances, radioactive material, magnetic material and other dangerous goods can be carried all but with exlusion only as goods according to the airway bill under special conditions of carriage.
- f) The passenger shall be obliged to observe dilligence adequate to the nature of air traffic and pursue the carrier’s instructions particularly at the following:
- check-in, asembly and movement in the premises for passengers,
- embarking and disembarking,
- placing the clothes and the unchecked (cabin) baggage in the aircraft.
- g) The passenger shall be obliged to refrain from the act endangering the safety and fluency of air transport, interfer or bother other passengers or be a root of cause of their claims, prevent proper execution of obligations of employees of the carrier, damage the carrier’s or passenger’s property, refrain from an excessive use of alcohol on board aircraft
- h) The passenger shall also be obliged to the following:
- come to be checked-in and meet all required formalities and check-in procedures well in advance,
- cover a possible service fee for check-in at the standard check-in counter,
- on call of a carrier’s employee or following the request on a luminouos switchboard to fasten the belt during take-off and landing and possibly during the flight,
- on call of a carrier’s employee to change seat for the designated one, if necessary, due to operation or security reasons,
- refrain from diving for the period of 12 hours prior to commencing the flight, in the event of diving into lower depths and sewing with stopovers for decompression for the period of 24 hours prior to departure,
- obey smoking ban on board all aircrafts, smoking ban shall also be applicable for so called electronic cigarettes. This ban infringement may lead to a fine up to the amount of 2,000 EUR,
- refrain from use of personal electronic devices and appliances during the flight, which may, when in use, have a negative impact on functions and operation of electronic equipment and aircraft’s systems. This ban infringement may lead to a fine up to the amount of 2,000 EUR,
- keep the stand-by mode of mobile phone switched off during the whole flight, while neither the use of air-mode shall be permitted. This ban infringement may lead to a fine up to the amount of 2,000 EUR,
- receive necessary first aid in the event of health injury during the flight, keep crew informed on required personal and medical data and undergo subsequent medical examination,
- cover all costs of losses and damages such as aircraft’s saloon damage, illegal carriage of dangerous animals or articles, emergency landing, etc., caused to the carrier by a passenger or caused by his/her undue act to the fullest extent permitted under the Montreal Convention,
- during the flight to follow unconditionally the aircraft’s captain instructions and cabin crew,
- undergo the prescribed personal security check undertaken by state administration authorities or authorized organisations,
- accommodate his/her clothes and outer so to meet the air transport standard.
8 OBLIGATIONS OF THE CARRIER
8.1 Obligations of the carrier in carriage by air
- a) The carrier shall be obliged to ensure the passengers be acquainted with placing and the way of use of the following:
- Safety belts,
- Emergency exits and equipment designed to common use,
- Life-jackets and oxygen apparatus, if prescribed for use by passengers,
- Other emergency equipment designed to individual use.
- b) The passenger must be informed on the smoking ban and use of electronic devices on board aircraft.
- c) Should the need arrise, the carrier shall be obliged to advice the passengers on emergency proceedures suitable for a given situation.
- d) The carrier shall be obliged to ensure a possibility to have the passengers fasten by safety belts on the take-off, landing, turbulence and any time on call of the aircraft’s captain and to advice passenger on bringing his/her items into position in the aircraft.
9 EXCLUSION FROM CARRIAGE
9.1 The right to exclude from carriage
- a) The carrier may exclude from carriage a passenger or baggage due to security reason particularly if:
- the passenger breaches directives, laws or regulations of a given state,
- the passenger’s conduct might endanger the safety of carriage by air or public order,
- the passenger represents a danger or risk to safety and fluency of air transport, other passengers and third party’s property,
- the passenger is not pursuing the carrier’s instructions,
- the passenger refused to undergo the security check,
- the relevant charges or taxes in relation to air transport were not paid,
- the passenger cannot present applicable documents in relation to air transport,
- the passenger’s air ticket:
- (a) was gained illegally,
- (b) is declared lost or stolen,
- (c) is counterfeited,
- (d) the flight coupon was changed by someone different to the carrier or its authorized representative; the carrier shall reserve the right to take such ticket in retention,
- (e) is not issued by the carrier or not accepted by the carrier,
- the passenger is not listed in the electronic list of passengers (in case of use of block air ticket, electronic air ticket or trip confirmation),
- the passenger failed to come for departure in time pursuant to Article 6.1 of these Conditions,
- the passenger suffers from infection desease that is subject to obligatory notification,
- the passenger used an excessive amount of alcohol,
- the clothes and outer of a passenger fail to correspond to air transport standard,
- the passenger’s carriage contradicts with the carrier’s regulations,
- the passenger’s carriage contradicts with the Operation Manual of the carrier,
- it is done so pursuant to Act No. 49/1997 Coll., on civil aviation, as amended,
- it is done according to Tokyo Convention.
10 CONDITIONAL ACCEPTANCE FOR CARRIAGE BY AIR
10.1 Conditional acceptance for carriage by air
- a) The carriage by air of a passenger, whose physical or mental condition or age is such as health detriment or other damage may threaten to him/her, shall be undertaken under condition that the carrier be not liable for any contingent injury, illness or other health detriment including passenger’s death, nor for a damage of personal belongings kept by a passenger with him/her, if such detriment or damage has been occurred in connection with or as a consequence of the carriage.
- b) Due to safety reasons, the carrier shall be entitled to refuse carriage of a physically or mentally handicapped passenger without escort. At the check-in and throughout the whole flight, the sick passenger must keep with him/her a physician’s certificate in the standard form stating he/she is able to be carried by air.
- c) On the flights to/from the USA, the physician’s certificate shall be required in the following events:
- Requirement for stretcher service/travelling with incubator,
- Needing medical oxygen during the flight.
- In all other events defined in art. 10.1 d), exept to those mentioned above, the physicians’s certificate is only recommended.
- d) On all other flights, exept flights to/from the USA, the physicians’s certificate shall be required in the following events:
- Heart stroke up to 21 days from the event,
- Stroke up to 10 days from the event,
- Newly born children up to 7 days upon the birth,
- Decompression disease,
- Pneumothorax up to 14 days from the event,
- Requirement for stretcher/travelling with incubator,
- Needing medical oxygen during the flight,
- Unability to keep upright seating position,
- Head injury up to 14 days from the event,
- Have an arm or leg in plaster/a cast,
- Uncomplicated clinical pregnancy from 26th up to the end of 34th week of pregnancy,
- Uncomplicated multipath pregnancy from 20th to the end of 28th week of pregnancy,
- Heavy vein thrombosis,
- Heavy mental disease (the passenger must be carried by the escort, which has the adjacent seat ensured),
- Any serious or acute infection disease including chickenpox.
- e) Medical certificate of the physician shall be valid for the period of 14 days as of the day of issue.
- f) In the event of a sudden death of passenger during the flight, his/her remains shall be disembarked from the aircraft at the nearest airport and handed over with a protocol to the competent local authorities for further examination and ordering of an alternate transport.
10.2 Carriage of passengers with reduced mobility
- a) The passengers with reduced mobility shall be those passengers, whose actual health or physical condition requires a special care from part of the carrier. The scope of care during the trip shall be subject to security regulations for carriage by air, carrier’s aircraft equipment and local conditions of the relevant airport. The blind or other passengers, who are dependant on accompanying dog must carry a cerfificate that the dog is trained to assist the disabled persons, required travel documents, and a muzzle is recommended to be put on, if necessary. The accompanied dog must wear harness and leash, it shall be carried on board aircraft free of charge.
10.3 Carriage of pregnant women
- a) The pregnant women in the period of 26th up to the end of 34th week of pregnancy (for multipath pregnancy from 20th up to the end of 28th week) shall be obliged to submit to the carrier a physician’s certificate on the standard form (not applicable on the flights to/from the USA). The pregnant women after the 34th week (for multipath pregnancy after 28th week) of pregnancy shall not be accepted by the carrier for carriage by air).
10.4 Carriage of minors up to 2 years of age
- a) A minor under 2 years of age shall be understood a minor upon its birth up to completion of the second year of age. In case of the return flight, the date of return shall be a determining time.
- b) A minor up to two years of age shall not be entitled to own seat and refreshment and it is carried on the lap of the accompanying person with exclusion of the use of certified child safety seat pursuant to Article 10.4 d) of these Conditions.
- c) On the routes operated by Travel Service, a.s., the adult passenger may travel with one minor up 2 years of age as a maximum. For one row of 3 seats, one minor only up to 2 years of age shall be allowed.
- d) The use of child safety seat is allowed under the following terms:
- (a) The passenger bought a separate seat to place the child safety seat,
- (b) The child safety seat was certified for use in air carriage and the certicate was marked on the child safety seat,
- (c) The child safety seat could be allowed, if it could be fasten by two point belt only and had to be kept fasten in this way during the whole flight.
10.5 Unaccompanied minors
- a) The unaccompanied minors shall be understood the minors above 6 years of age up to completion of the 12th year of age without escort of an adult person (the accompanying person has to complete 18 years of age). The minors younger than 6 years cannot be carried without escort of an adult person. The unaccompanied minors will be granted by the carrier an assistance service (UM) at the departure and destination airport. The passenger from 12 to including 17 years of age may upon request of parents or legal guardian also be granted an assistance service (MAAS). The assistance service (UM/MAAS) shall be subject to payment according to applicable price list.
- b) The unaccompanied minors shall be accepted for carriage provided they are escorted to the departure airport by adult person, who submits to the carrier a filled-in standard form to confirm, inter alia, that the minors will be expected by other adult person at the arrival airport. The carrier shall be entitled to request a proof of age of the minor. The parents/persons authorized with education/guardians must stay at the airport until departure of the aircraft.
- c) The carriage of unaccompanied minor and the Minor Accompanying Assistance Service shall be possible only upon the prior notification of such carriage to the carrier 48 hours prior to departure as the latest.
- a) The baggage shall be carried as checked or unchecked. According to further provisions of these Conditions the passenger shall be entitled to a carriage of his/her baggage free of charge. An additional service fee for the check-in procedure at the standard check-in counter may be collected.
- b) Passenger may not carry by air the following:
- Baggage and items that may threaten safety of the flight, security of persons and property as well as baggage and items that might easily be damaged during the carriage, the package of which is not suitable, or may menace passengers,
- Items specified by regulations of the International Civil Aviation Organisation (ICAO), International Air Transport Association (IATA) and regulations of the carrier as dangerous goods,
- Items forbidden for carriage acording to applicable law, directives or regulations of relevant state,
- Items in view of the carrier not suitable for carriage due to their weight, size or nature.
- c) Due to safety reasons the passenger must not carry in the cabin of aircrat the following items: knifes with all lengths of blades, knifes for opening letters, scissors in all sizes, weapons and eventually toys or weapon immitations made of plastics or metal, sling-shots, household eating utensils, blades and razor blades, mechanical tools, arrow keys, cork-screws, syrettes with exclusion of health reasons, knitting-needles, sports bats and sticks, snooker and billiard cues, metalic nailfiles and other articles considered by security service of the airport as dangerous, and which may be misused to threaten security of passengers or crew. The items listed above to be found during the security search at the airport shall be confiscated without compensation.
11.2 Unchecked baggage
- a) The passenger shall be entitled to carry on board aircraft one piece of cabin baggage and items of personal use. Baggage may have a maximum weight of 5 kg, maximum length of 56 cm (22ins), maximum width of 45 cm (18 ins) and maximum depth of 25 cm (10 ins), however, the sum of all three sizes may be 115 cm (45 ins) as a maximum including handle and wheels.
- b) The following shall be included among items of personal use:
- Lady purse,
- Coat, shawl or blanket,
- Umbrela or walking stick,
- Small camera, movie camera or binocular,
- Small portable personal computer,
- Reading material for the flight,
- Food for a baby for the flight,
- Crutches or orthopaedic devices and a fully collapsible wheelchair for disabled persons to be placed due to space reasons in the cargo compartment of aircrat,
- Uncertified baby safety seat, if it can fit in the overhead bin,
- Certified baby safety seat, if it is placed in the seat specifically purchased by the passenger.
- c) The carrier shall be entitled to check the size of unchecked baggage and the total mass of all items taken by a passenger on board aircraft.
- d) The unchecked baggage must fit in space under the seat in front of a passenger, or in overhead bin. Items not meeting conditions of unchecked baggage shall be checked-in in addition as a checked baggage. Due to capacity reasons the unchecked baggage may be carried in the baggage compartment.
- e) The carrier shall not be liable for a contingent loss, damage or destruction of unchecked baggage and personal items of a passenger, unless the loss, damage or destruction resulted from the fault of the carrier or that of its servants or agents.
11.3 Checked baggage
- a) In confirmation of taking-over, the passenger shall receive a coupon of baggage tag for the baggage passed on for a carriage (checked baggage) by a passenger to the carrier. This coupon of baggage tag shall be kept by passenger for lodging a possible claim. The carrier shall not be liable for a baggage, which is not collected immediately after the arrival.
- b) The checked baggage shall be carried in the cargo compartment of aircraft to be carried, as a rule, by the same aircraft as the passenger. Should not be such a carriage possible, it would be undertaken by the earliest possible connection.
- c) Every baggage from inside and outside prior to the acceptance for carriage must be furnished by the name badge of a passenger and his/her contact addresss in the place of staying, e.g. name and address of hotel, address of permanent residence, etc. The name on the name badge must conform to the name in the air ticket and travel document. The baggage including those with zip fastener must be closed to prevent its opening during the carriage.
- d) Every passenger, who is entitled to the seat in aircraft, shall be entitled to carriage on all fligts (except on the flights to/from the USA) free of charge the checked baggage in the maximum total weight as follows:
- 25 kg in the TopTravel Class (C)
- 15 kg in the Economy Class of Travel Class (Y) and (M)
- e) Every passenger, who is entitled to the seat in aircraft, shall be entitled to carriage on the fligts to/from the USA free of charge one piece of the checked baggage in the maximum total weight as follows:
- 25 kg in the TopTravel Class (C)
- 15 kg in the Economy Class of Travel Class (Y) and (M)
- f) For carriage pursuant to Article 2.2 of these Conditions (Charter Flights), the weight limit according to Article 11.3 d) may be adjusted by the conditions specified in the lease agreement. In this case, the flight orderer shall be obliged to notify the passenger on the defined weight limit.
- g) In case the passenger bought one more seat, her/his weight limit would be increased by the permitted weight limit relating to the seat purchased in this way.
- h) Should two or more passengers be carried together as a group (family, partners) by evidence on the same flight or the same flights, and being checked-in jointly, the carrier would allow for pooling their baggage, i.e. their entitlements to the free baggage weight should be summarized and the baggage would be checked-in jointly on one passenger
- i) In any case, a maximum weight of one piece of baggage must not excced 32 kg and the baggage has to meet the following size limit: length of each size less than 150 cm and the sum of all three sides less than 250 cm.
- j) The buggies, baby beds, baby seats, wheelchairs with dry or gel batteries for disabled persons shall be carried by air free of charge.
- k) In the checked baggage the passenger must not carry fragile items such as parfumes, toilet waters, dioptric and sun glasses, contact lenses, bottles, glasswares, porcelain, water pipe, or fast destructible articles, pharmaceuticals, money, credit cards, valuable items and objects of art, jewellery and presious metal articles, keys, securities, stock and shares or bonds, commercial documents, passports or other ID documents, data carriers and electronic devices including walkman, CD player, camera, movie camera, MP3, mobile phone, portable computer, etc., including accessories. The carrier shall not be liable for a contingent loss or destruction of the items mentioned above.
- l) The carrier shall not be liable for the following baggage:
- Poorly packed baggage
- Unpacked bicycles
- Buggies without package or plastic foil
11.4 Baggage carried under specific conditions
- a) Pursuant to conditions and regulations of the carrier and with consent of the carrier, the weapons and the ammunition shall be accepted for carriage as checked baggage. The weapons must not be loaded, they shall be ensured by the safety cap and packed accordingly. The carriage of weapons and ammunition shall be subject to ICAO and IATA regulations on carriage of dangerous goods. The carriage of weapons and ammunition shall be subject to charges pursuant to applicable price list of the carrier.
- b) The antique weapon, sword, knife and similar antiquities can be accepted as the checked baggage pursuant to conditions and regulations of the carrier, albeit their carriage in the cabin of aircraft shall not be permitted.
- c) Subject to previous consent of the carrier, the valuable, fragile or easiliy breakable items such as musical instruments, chandeliers, etc., packed in the cover can be taken as a baggage by a passenger to the cabin for passengers and be carried on a single seat. For such a baggage, a seat together with a seat of passenger must be confirmed in advance. For seat reservation of a baggage, its size and mass must be notified. The notification to the carrier / of seat reservation must be made 48 hours prior to departure as a minimum. For sake of safety carriage on the seat, the mass of a baggage must not exceed 20 kg and the size must not exceed the width of 42 cm, the depth of 41 cm and the height of 80 cm for all type of aircrafts. The subject baggage has to be placed on the seat according to the carrier security procedures. There shall be a charge levied for carriage of a baggage on the seat amounting to the applicable fare of adult passenger.
- d) The passenger shall have a possibility of 24 hours as a mimimum prior to handing over a baggage to the carrier to declare the value of checked baggage for the higher than the air carrier’s liability, and pay the established charge for the higher declared value pursuant to applicable price list of the carrier.
11.5 Excess baggage
- a) Excess baggage shall be as follows:
- Baggage exceeding free weight limit,
- Excess baggage with one size exceeding 150 cm, albeit the sum of three sides must not exceed 300 cm; carriage of such baggage shall be subject to prior consent of the carrier 48 hours prior to departure as a minimum,
- Sporting equipment such as
- (a) bicycle, scooter,
- (b) ski equipment, i.e. 1 pair of skies including sticks or 1 snowboard and ski boots or 1 skibob,
- (c) diving equipment – equipment necessary for diving such as pressure cylinder with accessory, one pair of fins, mask, diving suit, bathometer, etc. The equipment for snorkelling, i.e. 1 glasses, snorkel, 1 pair of fins shall not be considered the diving equipment,
- (d) windsurfing equipment, i.e. 1 board with 1 sail and 1 mast,
- (e) kiteboard + kite
- (f) surfboard,
- (g) golf bag,
- (h) parachute, paraglider, hang glider,
- (i) fishing rod, etc.
- b) The sporting equipment in terms of Article 11.5 a) of these Conditions must be reported to the carrier 24 hours prior to departure as a minimum, it must be packed separately and must be recognizable as such at the check-in counter.
- c) The carriage of the following sport equipment, pursuant to Article 11.5 a) of these Conditions, shall be subject to previous consent of the carrier:
- (a) Bicycle, scooter
- (b) Windsurfing equipment
- (c) Golf bag
- d) The carriage of excess baggage shall be subject to charges pursuant to applicable price list of the carrier.
11.6 Carriage of living animals
- a) The living animals can be carried subject to prior consent of the carrier only, under conditions set by the latter and subject to own passenger’s liability, who shall carry them to destinations permitted by applicable regulations and the carrier. The dogs and cats in suitable crates only shall be accepted for carriage, provided they have valid health and vaccination certificates, entry permissions and other documents required for entering the animal in country of destination place. The carriage of other animals shall be subject to an individual solution with the carrier. Due to security reasons the carriage of reptiles and rodents shall not be permitted.
- b) There shall be 2 animals (dogs or pets) as a maximum carried in the cabin for passengers provided the weight of animal including the crate is not exceeding 5 kg and the size of crate is 55x35x35cm as a maximum. The crate must have an impermeable bottom, must be placed under the passenger’s seat and the animal must not leave it during the flight. In other events, the animals shall be carried as checked baggage in the baggage compartment only, if allowed by technical parameters of the aircraft.
- c) The carriage of living animals shall be subject to applicable price list of the carrier. The escort dog, if accompanying the blind, deaf or other disabled person, and the service dog can be carried in the cabin for passengers free of charge and without crate. These dogs must wear harness, leash, have a training certificate and required documents, muzzle shall be recommended to be put on, if necessary.
11.7 Baggage check
- a) The carrier may search passenger’s baggage in the passenger’s presence. If the passenger is not present, the carrier shall be eligible to open the passenger’s baggage in the presence of at least one witness, who is not an employee of the carrier, if it suspects the baggage contains items excluded from carriage or the carriage of which requires a special procedure.
- b) Should the passenger refuse the baggage search request, the carrier may refuse a relevant person and/or her/his baggage for carriage.
11.8 Baggage collection
- a) The passenger shall be obliged to collect his/her baggage immediatelly upon arrival to the airport of final destination.
- b) The baggage may be collected by a holder of identification coupon of baggage ticket.
- c) The carrier shall not be obliged to investigate, whether the holder of an identification coupon of baggage ticket has been eligible to collect a baggage and it shall not be liable for loss, damage or other costs possibly incurred to a passenger in this connection.
- d) The baggage collection by a holder of identification coupon of baggage ticket without lodging a claim in the period of delivery, shall be an evidence prima facie that the baggage was deliverd in good condition and according to the carriage agreement.
- e) It shall be necessary to report to the carrier on the baggage destruction, uncollection or the loss immediatelly during the baggage collection. The carrier shall be obliged to draw up a protocol to this end. Otherwise, it shall be presumed that the baggage is released in proper condition.
11.9 Baggage claims
- a) Pursuant to Montreal Convention, and possibly Warsaw Convention, the passenger shall be obliged to report the carrier on the checked baggage destruction or the theft immediately after establishing them or up to 7 days the latest following the day of takeover. The passenger shall be obliged to report a non-delivery of baggage immediately upon arrival, the later claims shall not be accepted. The claim for liability of a delayed baggage should be lodged in 21 days from handing over the baggage to a recipient.
- b) Every claim must be made in a written form.
- c) For lodging claim, the following documents need to be presented:
- Passenger Irregularity Report (PIR),
- Air ticket,
- Baggage ticket or identification coupon respectively,
- Invoices of lost or damaged items,
- Document of repair or non-repairability of a baggage.
- d) Detailed information on baggage claim procedure is referred to at the web site of the carrier (www.travelservice.aero, www.smartwings.com).
12 TIMETABLE AND IRREGULARITIES
- a) The carrier shall bind itself to make maximum effort to ensure carriage of passengers and their baggage according to timetable applicable at the day of flight. Within these measures and to prevent a possible cancelation of a flight, the carrier may under exception conditions organize the flight operated in its favour by an alternate carrier and/or aircraft.
- b) The departure and arrival time specified in the air ticket, or elsewhere, shall be subject to change in the period between the reservation and departure date.
- c) For carriage according to Article 2.2 of these Conditions (Charter Flights), the flight ordering party shall be fully liable for keeping passengers informed on changes of timetable according to Article 12.1 b) of these Conditions.
- d) For making reservation on scheduled flights of SmartWings, the carrier shall notify passenger on departure and arrival time applicable in that period, and these times shall also be specified in the air ticket. Any time upon the reservation, it may be possible that the timetable will have to be subject to changes by the carrier. Should the passenger provide the carrier with e-mail address and phone contact, the carrier would make a maximumt effort to notify the passenger on these changes as soon as possible. Should the carrier change departure time by more than 5 hours in the period from the air ticket purchase up to one (1) day prior to scheduled departure, and this would be unacceptable to passenger, while the carrier would not be in a position to book an alternate flight to be acceptable to passenger, the passenger would be entitled to the refund to the full extent according to Article 13.1 of these Conditions.
12.2 Irregularities in air transport
- a) If the flight has been delayed, cancelled, or if the boarding of a passenger has been denied, the carrier should proceed according to the Regulation (EC) No 261/2004 of the European Parliament and of the Council.
- b) If the carrier could not be able to land at the airport of destination place due to reasons caused by extraordinary circumstances, which could not have been avoided, if even all reasonable measures had been taken, and it had diverted the route to land at other airport, the carriage would be considered finished. The carrier shall, if possible, ensure an alternate carriage on its own costs so as to carry passengers to the original destination place.
13.1Reimbursement of air tickets on charter flights of SmartWings
- a) If the carrier cancelled the flight, the amount equal to the following shall be returned to the carrier:
- The amount equal to the price of air ticket including any related paid charges, if neither part of air ticket was used;
- The amount equal to the difference between the total price of air ticket and the price for the part of flight, where the air ticket was used including any related paid charges for a not-flown part of flight, if the air ticket was used partly.
- b) In the event of death of a closest family member such as mother, father, brother, sister, child or grandparent, the carrier shall upon request undertake the money refund at the level of price of the air ticket or its non-flown part.
- c) Should the passenger decide not to pursue the flight, the airport taxes from the paid price of a ticket, subject to deduction of administrative fee, should be returned to him/her.
13.2 Reimbursement of air tickets on charter flights
- a) In the event of carriage pursuant to Article 2.2 of these Conditions (Charter Flights), the flight ordering party shall be liable to reimburse the air tickets.
14 TRAVEL FORMALITIES
- a) The passenger is obliged to obtain all documents and fulfill all conditions required by the authorities of departure, transit, transfer, or arrival country. The carrier is eligible to check all travel documents and formalities. The carrier shall reserve its right to refuse the carriage of a passenger not meeting the required travel formalities. The carrier shall not be liable for damages or costs incurred to a passenger due to his/her obligation’s default.
- b) The flight ordering party is obliged upon request to cover all costs incurred to the carrier to this end, if the carrier is assigned by decision of relevant authorities to transport a passenger back to the departure country due to the denied entry into the arrival country, be either transit, transfer country, or a final destination. Upon request, the passenger is obliged to cover all costs incurred to the carrier by default of prescribed admin travel requirements requested in the departure, transit, transfer, or arrival country.
14.2 Customs and security check
- a) Upon request, the passenger is obliged to undergo the check by customs and other authorities of his/her own checked or unchecked baggage. Except as required by the Montreal Convention, the carrier is not liable to a passenger for any damage or loss suffered by a passenger due to default of these requirements, and the passenger is obliged to stand to the carrier the loss occurred due to default of this obligation. The passenger is obliged to undergo the required security checks of the carrier, airport or state authorities.
15 CARRIER’S LIABILITY FOR DAMAGE
- a) In the international air transport, the carrier’s liability is subject to Convention for the Unification of Certain Rules for International Carriage by Air dated 28 May 1999 (further referred to as the Montreal Convention) as well as the Regulation (EC) No 889/2002 of the European Parlament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97, whereas the latter results from the Montreal Convention, and possibly the Warsaw Convention applicable to both international and intranational air transport. The flights to and from the USA are subject to Title 14 C.F.R. Part 254.
- b) The carrier shall be liable up to the amount of a veritable damage, albeit up to the limit restricting its liability. The carrier shall not be liable for punitive, exemplary or non-compensatory damages.
- c) The carrier’s liability limitation relates to all employees, agents as well as carrier’s representatives.
15.2 Carrier’s liability and indemnity scope
- a) Pursuant to Montreal Convention, there shall be no objection raised by the carrier against the proven claims of indemnity amounting up to 113,100 SDR. For part of the indemnity claim exceeding 113,100 SDR, the carrier shall reserve all defence remedies and the right to prove that there was no negligence or other fault on the carrier’s party.
- b) In the event of death or injury of a passenger, the carrier shall provide the entitled person with advance payment in a minimum amount of 16,000 SDR to cover immediate financial needs. The advance payment shall be provided in 15 days from the date of determining a person entitled to indemnity. The advance payment shall not be meant as the acceptance of a carrier’s lability, and should the subsequent payments occur, it should be considered part of a total indemnity. The advance payment shall not be returned to the carrier, unless the occurance has been proved in deed by the carrier that the damage had been occurred by negligence, omission or other incorrect acts of a passenger, whom the payment relates to, or if the advance payment has been received by a person not entitled to this pursuant to applicable law.
- c) The carrier shall not be liable for damage occasioned by delay in the carriage of passengers, baggage or cargo, if the carrier proves that it and its servant and agents took all measures that could reasonable be required to avoid the damage, or that it was impossible to take such measures.
- d) In carriage of baggage, the liability of a carrier in the event of destruction, loss, damage or delay, shall be limited to 1,131 SDR for every passenger except for the event of common wear, and the event, when the baggage of a passenger prior to start of the trip was already damaged or defective.
15.3 Carrier’s limitation of liability for damage
- a) The carrier is liable for damages caused on its route only.
- b) The carrier shall not be liable for damage of unchecked baggage and other items kept in personal care of a passenger, if such damage was not caused by the fault of the carrier, or that of its servants or agents.
- c) The carrier shall not be liable for baggage damage of a passenger caused by the negligence of the passenger.
- d) The carrier shall not be liable for damage to checked baggage to the extent the damage resulted from an inherent defect, quality or size of the baggage or to the extent the carrier proves the damage was caused by or contributed to by the negligence of wrongful act of the passenger.
- e) The carrier shall not be liable for any destruction, loss or damage caused by natural impacts, death of animals or behaviour of animals such as biting, kicking, stabbing or an asphyxiation or by deficiency of an animal crate or inability of an animal to be mentally up to the different conditions of carriage by air.
- f) If the passenger’s age, mental or physical condition may threaten the ocurrance of health detriment or other damage during carriage by air, the carrier shall not be liable for contingent injury, illness, health detriment including passenger’s death and property damage of the passenger’s belongings, should such harm or damage occur in relation to carriage by air.
- g) The carrier stall not be liable for a contingent loss or destruction of fragile items such as parfumes, toilet waters, dioptric and sun glasses, contact lenses, bottles, glasswares, porcelain, water pipes, or fast destructible articles, pharmaceuticals, money, credit cards, valuable items and objects of art, jewellery and presious metal articles, keys, securities, stock and shares or bonds, commercial documents, passports or other ID documents, data carriers and electronic devices including accessories, if placed in the checked baggage.
- h) The carrier shall not be liable for a possible loss or damage of the sporting equipment that failed to be duly reported and packed separately according to Article 11.5 b) of these Conditions.
16 CLAIM PROCEEDING AND CLAIM PERIODS
16.1 Claim proceeding
- a) The passenger shall immediately report on damage to health, unchecked baggage and other personal property to the carrier to draw up a written protocol.
16.2 Claim periods
- a) The passenger must claim damage of checked baggage immediately after arrival or in writing within 7 days following the release of baggage to a passenger the latest.
- b) The passenger is obliged to report undelivered baggage immediately upon arrival.
- c) The baggage shall be sought in the period of one month following the failure of delivery, the indemnity right can be enforced by the passenger thereafter. In case of finding the baggage in the period of 30 days, the indemnity right to the passenger fails to arise and he/she is obliged to return a possible amount of indemninty to the air carrier Travel Service, a.s.
- d) It shall be necessary to lodge indemnity claims of delayed baggage’s liability in written 21 days from the day of releasing the baggage to a recipient.
- e) The indemnity entitlement expires after 2 years from the arrival day to the destination place or from the day of the aircraft’s scheduled arrival, or 2 years following the end of carriage.
17 FINAL PROVISIONS
17.1 Validity and Effect
- a) These Conditions of Carriage become valid and come into effect on January 1, 2014, they are issued in the electronic form and available at the web sites of the carrier.
- b) In the event of carriage pursuant to Article 2.2 of these Conditions (Charter Flights), the flight ordering party shall be obliged to allow the passenger to acquaint itself with these Conditions.
- c) The version of these Conditions of Carriage is done in the Czech language. In case of dispute or uncertain interpretation of other language versions, the Czech language version shall always be the determining one.
- d) The validity and effect of Conditions of Carriage for Passengers and Baggage in Air Transport dated November 15, 2012 expires on January 1, 2014.
Travel Service, a.s. / SmartWings