Terms and conditions of carriage
London Southend Airport
Essex SS2 6YF
Effective Date: 1st July 2014
JOTA AVIATION LIMITED
GENERAL CONDITIONS OF CARRIAGE FOR PASSENGERS AND BAGGAGE
3 Reservations & Documentation
4 Taxes, Fees and Charges
5 Personal Data and Seating
6 Check-in and Boarding
7 Refusal and Limitation on Carriage
9 Schedules, Cancellations, Delays and Diversions
11 Conduct Aboard Aircraft
12 Arrangements for Additional Services
13 Administrative Formalities
14 Liability for Damage
15 Time Limitation on Claims and Actions
16 Carrier’s Regulations
ARTICLE 1 – WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
In these conditions:
‘We’, ‘our’ ‘ourselves’ and ‘us’ means Jota Aviation Limited of Viscount House London Southend Airport Southend-on-Sea SS2 6YF England
‘You’, ‘your’ and ‘yourself’ means any person, except members of the crew, whom we have agreed to carry on a flight bearing our Airline Designator Code. (See also definition for “Passenger”).
‘AIRLINE DESIGNATOR CODE’ means the two characters or three letters which identify particular air carriers.
‘BAGGAGE’ means your personal property accompanying you in connection with your flight. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage
‘BAGGAGE IDENTIFICATION TAG’ means a document issued solely for identification of Checked Baggage.
‘BOARDING PASS’ means the document entitled “Boarding Pass” or such alternative format which may be issued by ourselves or our handling agents at an airport served by us.
‘CHARTERER’ means an air travel organiser who has chartered capacity on an aircraft to be operated by us and who has undertaken to provide you with a seat on such aircraft
‘CHECKED BAGGAGE’ means Baggage of which we take custody and for which we have issued a Baggage Identification Tag.
‘CHECK-IN DEADLINE’ means the time limits specified by us by which time you must have obtained your Boarding Pass and, where applicable, completed any visa/document checks, and deposited your Checked Baggage at a Bag-Drop.
‘CONDITIONS OF CARRIAGE’ means these Conditions of Carriage for Passengers & Baggage.
‘CONVENTION’ means the Montreal Convention 1999.
‘COUPON’ means a flight coupon or an electronic flight coupon or other value document held in our database indicating the particular places between which you are entitled to be carried.
‘DAMAGE’ includes death, wounding, or bodily injury to a Passenger or loss, partial loss, theft or other damage to Baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.
‘PASSENGER’ means any person, except members of the crew, whom we have agreed to carry on a flight in an aircraft operated by us. (See also definition for ‘you’, ‘your’ and ‘yourself’).
‘REGULATIONS’ mean those regulations set out in our Regulations attached to these Conditions.
‘SDR’ means a Special Drawing Right as defined by the International Monetary Fund.
(The current value of this currency unit may be found in the financial pages of major newspapers).
‘UNCHECKED BAGGAGE’ means any of your Baggage other than Checked Baggage.
ARTICLE 2 – APPLICABILITY, CHOICE OF LAW AND JURISDICTION
Except as provided in Articles 2.2, 2.3 and 2.4, our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code is indicated as being the air carrier for that flight or flight segment.
We have no ‘code share’ arrangements with other carriers. However, on occasions another carrier may operate our flights on our behalf under our Airline Designator Code by way of sub-service.
2.3 OVERRIDING LAW
2.3.1 These Conditions of Carriage are applicable unless they are inconsistent with applicable law in which event such law shall prevail.
2.3.2 If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid to the extent that the remaining provisions are capable of standing without the provision ruled invalid.
2.4 CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any Regulations we may have dealing with particular subjects, these Conditions of Carriage shall prevail.
2.5 GOVERNING LAW AND JURISDICTION
Except as otherwise provided by the Convention or applicable law, your contract of carriage with us, these Conditions of Carriage and our Regulations shall be governed by and interpreted in accordance with the laws of England & Wales. Any dispute arising out of or in connection with this contract shall be subject to the jurisdiction of the Courts of England & Wales.
ARTICLE 3 – RESERVATIONS & DOCUMENTATION
3.1 GENERAL PROVISIONS
3.1.1 We will provide carriage only to the Passenger notified to us by the Charterer as being eligible for carriage. You will be required to produce appropriate government-issued photo identification as specified in our Regulations.
3.1.2 Any right to carriage on our flights is not transferable.
3.1.3 All carriage arranged with us is non-refundable and non-endorseable to other carriers. You may wish to ensure that you have appropriate insurance to cover instances where you have to cancel your travel plans or are prevented from reaching the airport of departure by the Check-In Deadline by reason of ‘force majeure’ or otherwise.
3.2.1 Carriage is valid for only for the flight and on the date and class of service for which it has been issued either by ourselves or by the Charterer.
3.2.2 If you do not conform to the Check-In Deadline for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you advise us in advance that you will not be travelling on a particular flight operated by us, we will not cancel your subsequent flight reservations.
3.3 OUR NAME AND ADDRESS
Our name may be abbreviated to our Airline Designator Code or otherwise. Our address is as set out on the front page of these Conditions of Carriage.
ARTICLE 4 – TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you make your reservation, you may be advised by the Charterer of the nature and level of taxes, fees and charges. Taxes, fees and charges imposed on air travel are constantly changing and can be imposed after you have arranged to travel. If there is an increase in a tax, fee or charge, you may be obliged to pay it. If a new tax, fee or charge is imposed, you may be obliged to pay it. Similarly, if any taxes, fees or charges which you have paid are abolished or reduced so that they no longer apply to you, or a lesser amount is due, you may be entitled to a refund.
ARTICLE 5 – PERSONAL DATA AND SEATING
5.1 PERSONAL DATA
You recognise that personal data has been given to us for the purposes of: making a reservation, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, government agencies, other air carriers or the providers of the above-mentioned services.5.2 SEATING
We do not pre-assign seats on any of our flights. However, if you report to the boarding gate no less than thirty (30) minutes prior to flight departure and request pre-boarding for good reason we will do our best to assist. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.5.3 SMOKING
You may not smoke in any part of an aircraft operated by us. Failure to adhere to this regulation may result in severe criminal penalties being brought against you.
ARTICLE 6 – CHECK-IN AND BOARDING
6.1 Unless otherwise specified by us or by any applicable governmental or airport authority the Check-In Deadline for a flight operated by us is 60 minutes prior to scheduled departure time. We reserve the right to cancel your reservation and to deny you boarding without refund if you do not comply with the Check-in Deadline indicated.
6.2 You must be present at the boarding gate not later than the time specified by us when you check-in or, if no time is specified, 20 minutes prior to scheduled departure. We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
6.3 We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
ARTICLE 7 – REFUSAL AND LIMITATION ON CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE
7.1.1 In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. You will not be entitled to any refund following such notice being given.
7.1.2 We may also refuse to carry you or your Baggage if one or more of the following have occurred or we reasonably believe may occur:
126.96.36.199 such action is necessary in order to comply with any applicable government laws, regulations, or orders;
188.8.131.52 the carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew;
184.108.40.206 your mental or physical state or attitude or demeanour, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;
220.127.116.11 you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
18.104.22.168 you have refused to submit to a security check;
22.214.171.124 you have not paid the applicable amount due to us or your Charterer and any applicable taxes, fees or charges;
126.96.36.199 you owe us any money in respect of a previous flight owing to payment having been dishonoured, denied or recharged against us;
188.8.131.52 you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
184.108.40.206 you cannot prove that you are the person entitled to carriage; or
220.127.116.11 you fail to observe our instructions with respect to safety or security.
If we have, in the reasonable exercise of our discretion under this Article 7.1.2 refused to carry you on the basis of any of the above, or have removed you en route, we may cancel the remaining unused portion of your flight arrangements and you will not be entitled to further carriage or to a refund in respect of the sector(s) for which carriage had been booked for you. We will not be liable for any consequential loss or damage alleged due to any such refusal to carry or removal en route.
7.2 SPECIAL ASSISTANCE
Acceptance for carriage of young persons, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to specific prior arrangement with us on terms and conditions which may be advised by us at the time. Please refer to our regulations in this respect. Passengers with disabilities who have advised us of any special requirements they may have, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
ARTICLE 8 – BAGGAGE
8.1 BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us. Please see our Regulations in this respect.
8.2 EXCESS BAGGAGE
You may be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request.
8.3 ITEMS UNACCEPTABLE AS BAGGAGE
8.3.1 You must not include in your Baggage:
18.104.22.168 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);
22.214.171.124 items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
126.96.36.199 items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request;
188.8.131.52 firearms and ammunition;
184.108.40.206 fish, game or hunting trophies.
8.3.2 Antique firearms, swords, knives, scissors, blades, cutlery, darts, syringes and other sharp objects and any item which in our opinion could be used as a weapon may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.
8.3.3 You must not include in Checked Baggage money, jewellery, precious metals, keys, cameras, computers, medicines, spectacles, sunglasses, contact lenses, watches, cellphones, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
8.3.4 If, despite being prohibited, any items referred to in 8.3.1, 8.3.2 and 8.3.3 are included in your Baggage, we shall not be responsible for any loss or damage to such items.
8.4 RIGHT TO REFUSE CARRIAGE
8.4.1 We will refuse to carry as Baggage the items prohibited by Article 8.3, and refuse further carriage of any such items upon discovery.
8.4.2 We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
8.4.3 We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
8.5 RIGHT OF SEARCH
For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in 8.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 8.3.2 or 8.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or scan causes Damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.
8.6 CHECKED BAGGAGE
8.6.1 Upon delivery to us of your Baggage which you wish to check we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.
8.6.2 Checked Baggage must have your name or other personal identification affixed to it.
8.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
8.7 UNCHECKED BAGGAGE
8.7.1 We may specify maximum dimensions and/or weight for Baggage which you carry on to the aircraft. If we have not done so, Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.
8.7.2 Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.8.1 Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.
8.8.2 Only the bearer of the Baggage Identification Tag is entitled to delivery of the Checked Baggage.
8.8.3 If a person claiming Checked Baggage is unable to produce and/or identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
We do not carry animals on our flights except for guide dogs on certain routes. Further details are set out in our Regulations in this respect.
ARTICLE 9 – SCHEDULES, CANCELLATIONS, DELAYS AND DIVERSIONS
Flight times may change between the date you book and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us. We will notify your Charterer of the scheduled flight time of your flight and any changes that may come into effect. Your Charterer is responsible for communicating this information to you.
9.2 CANCELLATION AND DELAYS
9.2.1 We will take all necessary measures to avoid delay in carrying you and your Baggage. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
9.2.2 If your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.
If, for reasons outside our control, we are unable to land at the airfield at your destination and are diverted so as to land at another airfield then the carriage by air shall, unless the aircraft continues to the original destination, be deemed to be completed when the aircraft arrives at that other airfield. We shall, however, arrange or designate alternative transportation, whether by our own services or by other means of transportation specified by us to carry you to the original destination without additional cost to you.
9.4 DENIED BOARDING COMPENSATION
If we are unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding on our flights in accordance with applicable law. If you are denied boarding ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance.
ARTICLE 10 – REFUNDS
We do not make refunds to you in any circumstances. However if we fail to operate a flight on which you have been reserved you may be entitled to a partial or full refund of monies you have paid to your Charterer with any such entitlement being your sole and exclusive remedy.
ARTICLE 11 – CONDUCT ABOARD AIRCRAFT
If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which we reasonably believe may cause or does cause discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.
11.2 ELECTRONIC DEVICES
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment including, but not limited to, cellular telephones, laptop computers, personal electronic devices, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
ARTICLE 12 – ARRANGEMENTS FOR ADDITIONAL SERVICES
12.1 If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.
12.2 If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.
ARTICLE 13 – ADMINISTRATIVE FORMALITIES
13.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
13.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2 TRAVEL DOCUMENTS
Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.
13.3 REFUSAL OF ENTRY
If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the government concerned and for the cost of transporting you from that country. Any amount paid for carriage to the point of refusal or denied entry will not be refunded by us.
13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such fine, penalty, payment or expenditure the value of any unused carriage, or any of your funds in our possession or else charge such amounts, by way of a revision to the amount payable from any credit card utilised for your booking, or shall otherwise become immediately payable by you to us.
13.5 CUSTOMS INSPECTION
If required, you shall attend inspection of your Baggage, by customs or other governmental or airport authorities. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
13.6 SECURITY INSPECTION
You shall submit to any security checks by duly authorised representatives of governments or airport authorities or by us.
ARTICLE 14 – LIABILITY FOR DAMAGE
14.1 In the case of non-international travel, our liability will be determined by applicable law.
14.2 International travel, as defined in the Convention, is subject to the liability rules of the Convention. Articles 14.3 and 14.4 below apply only where the Convention applies.
14.3 In accordance with the Convention there are no financial limits to our liability for death, wounding or any other bodily injury suffered by a Passenger. We have strict liability up to 113,100 SDRs unless we can prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger. For claims in excess of this limit, we may be exonerated if we can prove that we and our agents took all necessary measures to avoid the damage or that it was impossible for us or them to take such measures.
14.4 Where the Convention applies, we will without delay, and in any event not later than fifteen (15) days after the identity of the natural person entitled to compensation has prima facie been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. Such payment shall not be less than 16,000 SDRs per Passenger in the event of death. Making an advance payment shall not constitute recognition of liability and may be offset against any subsequent settlement. Advance payments made hereunder shall not be returnable unless:
14.4.1 we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger; or
14.4.2 where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation; or
14.4.3 it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence.
14.5 Subject to Articles 14.3 and 14.4 above, our liability provisions are as follows:
14.5.1 Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
14.5.2 We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code is indicated for that flight or flight segment.
14.5.3 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
14.5.4 We are not 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.
14.5.5 Our liability in the case of Damage to Baggage shall be limited to 1,131 SDRs (or equivalent) per passenger unless you have had a declaration of higher value by check-in at the latest and paid a supplementary fee.
14.5.6 Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.
14.5.7 We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
14.5.8 We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, or for unsuitably packed, perishable, damaged or fragile Baggage or for minor damage to the exterior of Baggage (e.g. scratches, stains, soiling, dents) resulting from normal wear and tear
14.5.9 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
14.5.10 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such employees, representatives and persons shall not exceed the amount of our own liability, if any.
14.5.11 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
14.6 With respect to delay we shall be under no liability except as provided in these Conditions of Carriage.
ARTICLE 15 – TIME LIMITATION ON CLAIMS AND ACTIONS
15.1 NOTICE OF CLAIMS
15.1.1 Acceptance of Baggage by the bearer of the Baggage Identification Tag, without complaint and without completion of a Property Irregularity Report 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.
15.1.2 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 at the latest, within seven (7) days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.
15.2 LIMITATION OF ACTIONS
Any right to damages and/or compensation of any kind shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
ARTICLE 16 – CARRIER’S REGULATIONS
Carriage of you and your Baggage is also provided in accordance with our Regulations which are binding upon you. These Regulations concern air carrier liability for passengers and their baggage, travel documentation, checked and cabin baggage (including the carriage of sports equipment and/or musical instruments), the carriage of children, infants and young persons, reduced mobility, blind/vision impaired passengers, pregnant or sick passengers, carriage of assistance animals and ATOL information.
ARTICLE 17 – INTERPRETATION
The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
JOTA AVIATION LIMITED
1st July 2014
AIR CARRIER LIABILITY FOR PASSENGERS AND THEIR BAGGAGE
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention 1999.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 Special Drawing Rights (“SDRs”) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs.
In the case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694 SDRs.
In the case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,131 SDRs.
Destruction, Loss or Damage to Baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher Limits for Baggage
A passenger can benefit from a higher liability by making a special declaration at the latest at the bag drop desk and by paying a supplementary fee of £100/€125.
Complaints on Baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within 7 days and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of Contracting and Actual Carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time Limitation for Action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the above information
The basis of the rules described above in the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No.2027/97 (as amended by Regulation (EC) No.889/2002) and the national legislation of the Member states.
It is each passenger’s personal responsibility to ensure that he or she has valid travel documentation which meets the requirements of Jota Aviation, immigration and other authorities at every destination. A valid travel document is required by all passengers travelling on Jota Aviation flights (including infants)
In order to ensure compliance, passengers should carry a valid passport (and visa if applicable) or EU/EEA government-issued national identification card on all journeys. Any fines, penalties, payments or expenditures incurred as a result of breach of these requirements shall be paid by or charged to you.
Children added to a Parents/Guardian’s Passport – EU/EEA Nationals (except UK and Ireland passport holders) – children must possess their own Passport when travelling (one person per passport. Please refer to your passport issuing office for further details.
Jota Aviation does NOT accept driving licences, residence cards, family books, seaman books, a police report (issued in the event of travel document loss/theft), military ID cards etc. Expired or damaged forms of photo-id will not be accepted on any flight.
Details of all passengers’ travel documents (including those of children and infants) must be entered during the online check-in process. All passengers must present their valid travel document along with their online boarding pass at airport security and at the boarding gate for all flights.
THE ONLY FORMS OF TRAVEL DOCUMENTS ACCEPTED ON JOTA AVIATION FLIGHTS ARE:
A valid passport
A valid National Identity Card issued by the government of a European Economic Area (EEA) country. (Only the following EEA countries currently issue National Identity Cards acceptable for carriage on Jota Aviation flights: Austria, Belgium, Bulgaria, Finland, France, Germany, Gibraltar, Greece, Cyprus, Czech Republic, Estonia, Hungary, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Netherlands, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland)
A valid German Government issued ‘Kinderausweis’ travel document
A valid Italian ‘Certificato Di Nascita’ with photo (for use by children under 16 years) which has been endorsed as ‘VALIDO PER L’ESPATRIO’ for travel on international flights, no endorsement is required when travelling on Italian domestic flights. It is the passenger’s personal responsibility to ensure that this document meets the requirements of immigration and other governmental authorities at the destination airport.
A valid Italian AT/BT card (for Italian domestic flights only).
A valid UN Refugee Convention Travel Document issued in accordance with Article 28(1) of the 1951 UN Convention, by a Government in place of a valid passport.
A valid Convention Travel Document issued in accordance with Article 27 of the 1954 UN Convention for Stateless Persons, by a contracting state in place of a valid passport.
A valid Collective Passport issued by an EU/EEA country
Unless otherwise notified and arranged by your Charterer, each passenger may check in one item of Checked Baggage limited to a maximum weight of 20Kg.
Any sharp objects in Checked Baggage should be securely wrapped to prevent injury to screeners and handling personnel.
No pooling or sharing of baggage allowances is permitted, even within a party travelling on the same reservation.
The transfer of a checked bag from one passenger to another is not permitted.
Any passenger exceeding their personal checked baggage allowance will be charged for excess baggage at the rate prevailing on the day of travel. This is currently £8/€10 per kilo (or local currency equivalent).
You must have paid any checked baggage fees and/or excess baggage charges and deposited your checked baggage at a bag drop desk no later than 60 minutes before scheduled departure time.
There is no checked/hand baggage allowance for infants. However, one fully collapsible pushchair per child may be carried free of charge. Additional infant equipment such as car/booster seats and travel cots may be carried in addition to your personal checked baggage allowance.
Mobility equipment is carried free of charge.
Sporting or musical equipment including but not limited to large fishing rods, golf clubs, bicycles* scooters, fencing equipment, pole vaults, javelin, surfboards, bodyboards, snowboards and skis and large musical instruments including but not limited to harps, double bass and drums may, subject to loading and volume restraints, be carried in the hold of the aircraft in addition to your personal checked baggage allowance up to a limit of 20 kilos per item (30 kilos for bicycles) upon payment of a fee of £30/€37.50 per item per one way flight. [*Bicycles – MUST be contained in a protective box or bag].
Smaller musical items such as a guitar, violin or viola which exceed our cabin baggage dimensions may be carried in the cabin if a seat for it has been reserved and the appropriate fare paid. There is no checked or cabin baggage allowance associated with the purchase of an extra seat.
For health and safety reasons Jota Aviation does not accept for carriage any individual item exceeding 30 kilos or with combined dimensions of more than 81cms (height), 119cms (width) and 119cms (depth). This weight limit does not apply to mobility equipment.
Jota Aviation is not liable if and to the extent that Damage resulted from the inherent defect, quality or vice of Baggage. Accordingly, we shall have no liability for unsuitably packed, perishable, damaged or fragile items.
You must also fully comply with Article 8 of our Conditions of Carriage.
Strictly one item of cabin baggage per passenger (excluding infants) weighing up to 10kg with maximum dimensions of 55cm x 40cm x 20cm is permitted plus a small handbag, briefcase, laptop case or airport shop bag with maximum dimensions of 35cm x 25cm x 20 cm and which must be stowed under the aircraft seat in front of you. Extra/oversized cabin baggage may be refused at the boarding gate and, where possible, placed in the hold of the aircraft. If you are unsure, please check at the Bag Drop desk before going through security.
Smaller musical items such as a cello, guitar, violin or viola which exceed our cabin baggage dimensions may be carried in the cabin if a seat for it has been reserved and the appropriate fare paid. There is no checked or cabin baggage allowance associated with the purchase of an extra seat.
You must also fully comply with Article 8 of our Conditions of Carriage.
CHILDREN, INFANTS & YOUNG PERSONS
Jota Aviation does not carry unaccompanied minors under 16 years. Children under the age of 16 years must always be accompanied by a passenger over 16 years. Escort and special facilities are NOT available.
For regulatory reasons, infants aged between 8 days and 23 months at date of travel cannot travel in their own seat and must sit on an adult’s lap.
No baby/car seats are allowed in the cabin of the aircraft. No extra seats may be booked for infants. Infants do not qualify for any baggage allowance. If the infant reaches the age of 2 years prior to the return journey they must pay the applicable fare, taxes, fees and charges for that part of the journey.
REDUCED MOBILITY, BLIND/VISION IMPAIRED PASSENGERS, MEDICAL CONDITIONS OR PASSENGERS REQUIRING SPECIAL ASSISTANCE IN THE AIRPORT
(Notice Pursuant To Regulation (EC) No. 1107/2006: Carriage of Disabled Persons and Persons with Reduced Mobility)
Passenger with Reduced Mobility (PRM) Restrictions
For safety reasons Jota Aviation can only carry a maximum of two passengers per flight who have either reduced mobility, or are blind/visually impaired travelling with a guide dog or alone or require special assistance at the airport or onboard. This restriction is in place to prioritise the safety of disabled or reduced mobility passengers as well as that of other passengers, particularly in any emergency evacuation situation.
The final decision relating to any aircraft safety issue always rests with the Captain.
Reservation of Special Assistance
Passengers with reduced mobility can reserve their required special assistance through their Charterer or by contacting Jota Aviation direct. On arrival at the airport they should go to the designated airport special assistance desk/area. Passengers requiring special assistance are requested to arrive at the airport no later than 1hour 30 minutes prior to scheduled flight departure to obtain the required assistance and complete pre departure procedures. Check-in/Bag drop desks close 40 minutes prior to scheduled flight departure. Please retain your Boarding Pass or airport receipt for production on arrival at your destination airport to obtain pre-booked assistance.
Jota Aviation will make all reasonable efforts to facilitate passengers who do not pre-advise their requirements in advance and ensure that the relevant passenger information is provided to the airport authority special assistance company.
Reduced mobility passengers who have pre-advised their condition should arrive at the boarding gate at least 30 minutes prior to the flight departure. They will be boarded, with travelling companions, after general boarding has been completed.
Travelling with an Accompanying Person
If passengers are not self reliant then we require them to travel with an able bodied accompanying person aged 16 and over.
We require an able bodied accompanying person aged 16 and over to accompany a disabled person when it is evident that the person is not self-reliant and could pose a risk to safety.
A passenger is deemed self reliant by reference to all of the categories below.
Passengers must be capable of using toilet facilities unaided
Passengers must be capable of feeding themselves unaided
Passengers must be capable of administering their own medicines and medical procedures unaided.
Where a disabled/reduced mobility passenger is assisted by an accompanying person, all reasonable efforts will be made to give such person a seat next to the disabled/reduced mobility passenger.
Seat allocation for disabled/reduced mobility passengers:
In accordance with regulatory requirements (EU-OPS 1.260), our flight crew must ensure that access to emergency equipment and evacuation of the aircraft in an emergency will not be impeded before allocating seats.
The following passengers may not be seated in the vicinity of an exit door where they could obstruct emergency exits, impede the crew in their duties, obstruct access to emergency equipment or hinder aircraft evacuation: passengers with reduced mobility, which may include but not be limited to someone with a mobility or sensory impairment, and passengers whose physical size would prevent them from being able to move quickly.
The final decision regarding seat allocation in the cabin is made by Jota Aviation’s In-flight Cabin Services Supervisor.
Blind or Vision Impaired Passengers
Passengers travelling with a guide/service dog must carry an official document, confirming that the dog is a fully trained or under the control of a trainer. Please note that under Regulation (EC) No. 1107/2006 ‘Emotional support dogs’ are not considered as service dogs and cannot be accepted.
Blind or vision impaired passengers who are not self reliant as per the above guidelines must travel with an able bodied accompanying adult aged 16 or over.
No PRM (Passenger with Reduced Mobility) limit applies if a blind or vision impaired passenger travels with a sighted adult aged 16 or over(on a one to one ratio)
Deaf or Hearing Impaired Passengers
Deaf or hearing impaired passengers who meet all of the above Guidelines may travel without an accompanying person.
Deaf or hearing impaired passengers requiring no additional assistance are not subject to the above PRM Restriction.
Our cabin crew will be happy to provide water to help you take oral medication. However, they are not allowed to provide medical services such as administering injections.
For safety reasons cabin crew cannot lift passengers or assist with personal hygiene.
If you require these types of assistance you must be travel with an able bodied accompanying passenger aged 16 or over
Essential Medical Equipment/Supplies
If for medical reasons, passengers need to inject themselves during the flight (e.g., diabetics) they are permitted to carry syringes in the cabin. They will be asked to produce appropriate medical evidence (a doctor’s letter will suffice) when they check in or at security. This should be kept with them at all times. Further information in relation to the carriage of medical equipment is available from Jota Aviation.
For the carriage of medication in your cabin baggage please bring the prescription with you to allow security clearance.
Passengers who need to carry essential medical equipment/supplies in addition to their hand or checked baggage allowance should contact us.
Information in the event of refusal to travel
If we are unable to carry a disabled/reduced mobility passenger, we will inform the person concerned of the reasons for refusal of carriage.
Battery Operated Wheelchairs and other PRM Mobility Equipment
Passengers with reduced mobility who are travelling with an electric wheelchair are required to advise us at least 48 hours before travel of the weight and lowest collapsed height of the wheelchair. Passengers are also asked to bring the wheelchair operating instructions to the airport.
Electric Wheelchairs must comply with the following to be accepted for carriage:
The wheelchair battery must be dry/gel cell ONLY
The dimensions of the wheelchair when collapsed must not exceed 81cms (height), 119cms (width) and 119cms (depth)
The battery power must be isolated and exposed terminals protected from short circuiting, to protect the wheelchair/mobility aid from inadvertent activation, please remove the key, deactivate using the joystick or deactivate using an isolation switch or buttons, or other isolation mechanism (such as Anderson Connector Plug).
Passengers with reduced mobility are entitled to transport two pieces of mobility equipment, free of charge, for example a wheelchair and a walking frame. The 30kg single item weight limit does not apply to mobility equipment. Due to space and weight restrictions we can carry a maximum of two electric wheelchairs/mobility scooters per flight and then only on our BAe 146-200 jet aircraft.
No wheelchairs are permitted to travel in the aircraft cabin.
We recommend that passengers obtain adequate travel insurance cover for their mobility aids as an airline’s liability is limited under the Montreal Convention 1999.
For safety reasons, Jota Aviation does not permit passengers to bring their own oxygen on board. If oxygen is required for use during the flight it must be reserved at the latest 7 days prior to travel or directly with Jota Aviation for a reasonable charge. Safety regulations limit oxygen requests to one per flight. Passengers requiring oxygen must carry a letter from their doctor written in English confirming that they are fit to travel; that they do not require a continuous supply of oxygen for more than 250 minutes at a flow rate of 2 litres per minute and that the oxygen we provide is suitable for them. Passengers will not be accepted for travel without this letter.
Guide/Service Dogs are accepted on all Jota Aviation flights within the EU/EEA flights operated by BAE RJ aircraft subject to the possession of a valid Pets Passport. It is each individual owner’s responsibility to ensure that the Pet Passport presented is up to date and complies with the vaccination and treatment requirements of the destination country.
Guide/assistance dogs travel in the aircraft cabin and must sit on the floor at the passenger’s feet. A maximum of four guide/service dogs are permitted per flight. The dogs, together with containers and food, will be carried free of charge in addition to the normal free baggage allowance.
Any passenger wishing to travel with their guide/assistance dog on board should pre-advise us at least two weeks prior to travel. Please note that failure to pre-advise may result in the service being unavailable on arrival at the airport and you being unable to travel on your flight.
INFECTIOUS DISEASES AND SKIN CONDITIONS
All air carriers have the right to refuse to carry passengers with conditions that may worsen, or have serious consequences, during the flight. If there is any concern or indication that a passenger could be suffering from an infectious disease/skin condition then the airline may require medical clearance. Passengers travelling with any visible skin conditions (which may include but not limited to the below) are recommended to travel with a medical certificate or doctor’s letter confirming that they are fit to fly.
Passengers travelling with any of the following conditions are required to produce a medical certificate confirming that they are fit to fly:
Rubella: Passengers can be accepted for travel four (4) days after the appearance of the rash.
Measles: Passengers can be accepted for travel seven (7) days after the appearance of the rash.
Mumps: Passengers can be accepted for travel when all swelling has subsided. This is usually after seven (7) days however it can take up to 14 days.
Chicken pox: Passengers can be accepted for travel seven (7) days after the appearance of the last new spot.
Once an uncomplicated pregnancy enters its 28th week, expectant mothers are required to carry a ‘fit to fly’ letter completed by their midwife/doctor in a form which will be supplied by Jota Aviation upon request. This completed letter should be dated within 2 weeks of your booked flight and presented at either the bag drop desk and/or the boarding gate.
Jota Aviation reserves the right to refuse travel of an expectant mother over 28 weeks pregnant who does not present a completed “fit to fly” letter from their midwife/doctor at either the bag drop desk and/or the boarding gate.
For uncomplicated pregnancies travel is not permitted beyond the following dates:
· For an uncomplicated single pregnancy, travel is not permitted beyond the end of the 36th week of pregnancy
· For an uncomplicated twins, triplets etc. pregnancy, travel is not permitted beyond the end of the 32nd week of pregnancy
Flights booked directly from an airline are not ATOL protected, even if you book accommodation from another company via a link accessed from an airline website. If you make payment by credit card it can provide financial protection: please check with your credit card provider for details.
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