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GENERAL CONDITIONS OF CARRIAGE
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I. DEFINITIONS
II. SPECIAL REGULATIONS FOR AIR CARRIAGE OF PASSENGERS AND BAGGAGE
§1 Application of General conditions and their scope of operation §2 Reservation and travel documents §3 Ticket §4 Data protection §5 Check in §6 Refusal of carriage §7 Administrative proceedings §8 Travel documents §9 Tariffs and fees §10 Passenger's duties during air transport §11 Carrier's obligations during air transport §12 Special care passengers §13 Carrying of babies and children §14 Hand baggage §15 Checked baggage §16 Collecting the baggage §17 Articles excluded from transportation and articles the transportation of which is subject to limitations §18 Right to check the baggage §19 Liability of the carrier §20 Liability for the passenger's personal damage §21 Liability for disappearance and/or damage of the baggage or delay in the baggage transportation §22 Liability for Overbooking §23 Cancellations and delays §24 Principles of cost reimbursement §25 Contracts concluded by the carrier with third firms for providing additional services §26 Complaints §27 Additional services
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 I. DEFINITIONS
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In the herewith General Conditions of Carriage the following notions have been amongst others applied, which shall be understood as follows:
• Agent - stands for a sales agent of Tickets, selected by the Carrier to represent him in the sale of air travel passenger Tickets, for the destinations operated by the Carrier, and, if it has been authorized to do so, also for the destinations operated by other air carriers.
• Unchecked Baggage/Hand Baggage - unchecked personal property of the Passenger taken under the Passenger's custody onto the aircraft.
• Checked Baggage - checked personal property of the Passenger, for which a Baggage Check is issued by the Carrier.
• Ticket (Confirmation of Travel) - consists a "travel ticket", a "document of carriage" in the meaning of the Convention. It is an electronic document occurring in the Reservation System of the Carrier or a document issued by the Carrier or its agent. The Ticket entitles the Passenger to travel for the route shown in the Ticket. The Ticket contains an excerpt of the conditions of the Contract and information concerning the air travel, and, if this is to be applied, includes a boarding card.
• Call Center of the Carrier - telephone number of the Carrier, under which the Passenger may make a reservation, pay for the Ticket and acquire information concerning the Carrier's offer.
• Flight Designator (The Carrier's Code) - consists of a two-sign combination (a number and a letter) or a three-letter combination identifying the air carrier.
• Child - means a person who on the day of departure is before his 16th birthday.
• Convention - means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed in Warsaw in October 12th, 1929 (called "The Warsaw Convention"), either in its original form or along with the amendments introduced by the Hague Protocol of 1955 and/or the amendments set forth by the Guadalajara Convention of 1961, or the Convention signed in Montreal in May 28th, 1999 (called "The Montreal Convention"), depending on which of the two conventions shall be applied to a given carriage in respect to the route specified in the ticket or jointly issued tickets.
• GCC - the hereby General Conditions of Carriage, binding during the realization of the concluded by the Carrier Contracts of Carriage.
• Adult Person - means a person who on the day of departure is after his 16th birthday.
• Person of Age - means a person who on the day of departure is after his 18th birthday and has full capacity to enter into legal transactions.
• Carrier - means the air carrier whose designator occurs in the ticket.
• SDR (Special Drawing Right) - the conventional currency unit defined by the International Monetary Fund (the actualization of this currency unit is available on the site of IMF: www.imf.org).
• Carrier's Web Site - www.centralwings.com
• Damage - death, wounding or any other physical injury being a result of an accident during the air carriage of the Carrier, as well as loss, damage, theft or delay in carrying the Baggage, occurring as a result or in connection with the carriage carried out by the Carrier.
• Tariff - a published price for the carriage of a Passenger and Baggage, fixed by the Carrier and undergoing to specific conditions. The Tariff is one of the elements to be part of the Carriage Fare.
• Voucher - a document issued by the Carrier in an electronic form, having its own number, consisting of a combination of letters and numbers. A Voucher has a specified value, stated in a sum of money. A Voucher may be used as a form of payment of the totality or part of the Carriage Fare or for any other service offered by the Carrier and reserved by the Passenger.
• Baggage Identification Tag - a document issued by the Carrier and placed on the Checked Baggage of the Passenger, to be used exclusively for identification of the baggage.
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II. SPECIAL REGULATIONS FOR AIR CARRIAGE OF PASSENGERS AND BAGGAGE
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§1 Application of General conditions and their scope of operation
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1. "The General Conditions of Carriage", hereinafter called "The Conditions of Carriage" shall be applied to regular and non-regular flights operated by the Carrier, i.e. flights for which either the name of the Carrier, or the Code of the Carrier has been indicated in an appropriate segment of the Ticket, with the exception of the items 2-4 of the herewith § 1. The provisions comprised in the herewith Conditions of Carriage form part of the Contract concluded between the Passenger and the Carrier.
2. In the case of a Charter Carriage the herewith Conditions are applied, unless they have been excluded by the Charter Contract or in the Charter Ticket.
3. Should the transportation be operated without a fare or by a discounted fare, the Carrier is allowed to restrict or exclude the herewith Conditions of Carriage.
4. Should the Carrier reach agreements with other Airlines, most often called Code Share agreements, another carrier than the indicated on the Ticket may be operating the aircraft.
5. The herewith Conditions of Carriage are applicable in way not infringing those provisions of the Convention or other statutory requirements that are unconditionally binding. If for this reason any of the provisions of these Conditions of Carriage may not be applied, the other provisions will remain valid.
6. Unless expressly stated in the herewith Conditions if Carriage, in the case of inconsistency of these Conditions with other regulations of the Carrier, the conditions of Carriage will prevail.
7. The Carrier is bound to operate with due care when carrying the Passenger and the Baggage or goods in a due time, according to the time scheduled for the day of the flight.
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§2 Reservation and travel documents
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1. Reservations may be made by the mean of Internet, through the Call Center by telephone or by the agency of chosen Agents.
2. The reservation has a unique number serving for its identification in the Reservation System of the Carrier.
3. Information concerning the Flight and the additional services booked by the Passenger are comprised in the Reservation.
4. The Reservation is personal, and the data included in it may be changed only with a consent of the Carrier. The Carrier is bound to carry only a Passenger indicated in the Reservation.
5. As far as a change of booking is possible, it must be made no later than for 2 hours before the scheduled time of departure. A change of booking must be made only as long as the seats for the given flight are available, and after payment of possible difference between the price for the new Ticket and the price of a Ticket before the change.
6. In the case of an increase of taxes, fees and charges to the day of change of the booking, the Passenger is bound to pay the difference. If taxes, fees and charges are lower than on the day of the original purchase, the Passenger is not entitled to claim a refund from the Carrier.
7. For a change of booking, change of a name in the Reservation or canceling an already booked place, the Carrier shall be entitled to demand a fee, accordingly to the rules settled by the Carrier or accordingly to the conditions of a given Tariff.
8. Confirmation of Reservation is equal to issuing a Ticket and in the same place means concluding a Contract between the Carrier and the Passenger.
9. The Carrier may cancel the Reservation if the Passenger has not paid for the Ticket or has not fulfilled credit formalities with the Carrier until the established date of issuing the Ticket.
10. If the Passenger has not used the Reservation, the Carrier is entitled to cancel the recorded reservations for the following parts of the journey.
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§3 Ticket
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1. The Ticket, until a contrary proof is provided, stands for the proof of concluding contract between the Carrier and the Passenger named in the Ticket.
2. The Ticket is valid for 1 year from the date it is issued, unless it says differently on the Ticket, Tariffs of the Carrier, Conditions of Carriage or respective regulations.
3. A person who will not present a valid Ticket, issued in accordance with the Carrier's regulations, will not be entitled to be carried on a flight. Moreover, a Passenger will not be entitled to be carried on a flight if the Ticket presented by the Passenger is damaged or altered, unless this was made by the Carrier or an authorized Agent.
4. Only a person for whom the Ticket was issued is entitled to use it, and the Carrier is entitled to demand a document confirming the identity of this person and the conformity of the document's data with the registrations from the database of the Carrier.
5. The Ticket cannot be transferred. If anyone else than the person named in the Ticket travels presenting such a Ticket or gets a reimbursement for such a Ticket, the Carrier will not be liable in front of the person named in the Ticket, if the carriage is operated or the reimbursement is made in a good faith.
6. If the Passenger is prevented from traveling within the validity period of the Ticket, because the Carrier:
• cancels the flight, for which the Passenger has a confirmed Reservation,
• passes by the Place of Destination,
• operates the flight significantly infringing the time scheduled in the timetable, causing the Passenger to miss a connecting flight, if the infringement is a result of a faulty action of the Carrier,
• without a reason changes the class of a journey or
• is not able to assure a place in the aircraft of the flight for which the Passenger has a confirmed Reservation,
then the validity period of the Ticket is extended to the nearest Flight to the Place of Destination, for which a place in a class for which the Passenger has paid is available.
7. If the Passenger is prevented from traveling within the validity period of the Ticket, because the Carrier could not confirm the Reservation at the time the Passenger asked for it, the validity period for such a Ticket will be extended in accordance with the regulations of the Carrier or, on demand of the Passenger, it will be returned according to the provisions of § 24.
8. The Carrier will consider parts of the Ticket as valid only in the order indicated in the Ticket, to begin with the Place of Departure. The Carrier will not consider a Ticket as valid if the first segment of it has not been used and the Passenger starts the journey at any of the Stopovers.
9. The name of the Carrier may be abbreviated in the Ticket to the Carrier's Code or in a different manner.
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§4 Data protection
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1. Passengers are obliged to provide the Carrier with their personal data to the extent necessary to make a Reservation, issue a Ticket, realise a Flight Contract, offer other benefits, and to meet immigration, safety and other requirements related to border crossing procedures. Provision of false data or data by the person making a given reservation which prevent contact with Passengers, especially in the event of flight schedule change, shall release the Carrier from the responsibility for any damages resulting from the change in question.
2. The Passenger agrees for storing and using his/her personal data and releasing them to public administration authorities and the authorities of other countries (including the USA and Canada), in the range necessary for the fulfillment of immigration, entrance and safety proceedings, in order to combat against terrorism and other crimes, as well as in order to realize legally justified aims pursued by data administrators and data recipients. the Passenger also agrees for disclosing his/her personal data to third parties, such as e.g. Agents, only as far as it is necessary for the performance of the Contract of Carriage. Providing of the data is of a discretionary nature.
3. The personal data of the Passenger shall not be used for marketing purposes without a previous Passenger's consent expressed in writing.
4. In the case where the Passenger requires additional services, performed by third parties (such as hotel booking and car renting), the Passenger endows the Carrier with a right to disclose the data necessary for the performance of such services to the person that will perform them.
5. The Carrier is not liable for the damages resulting from the disclosure of the data by the third parties.
6. The Carrier is not liable for the damages resulting from a disclosure of false or incomplete data.
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§5 Check in
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1. In the majority of the airports seats in the aircrafts are not previously allocated. The Passengers who need special care and parents traveling with small children are asked to notify their needs earlier to the airport's staff, for the sake of prolonged special proceedings and the safety proceedings.
2. The Carrier reserves itself a right to allocate the seats in the aircraft to all or some Passengers in cases where administration of the airport so demands or for any important reasons.
3. The Passengers who, for reasons beyond the control of the Carrier, will not appear at the check-in desk on the time indicated by the Carrier, shall not be accepted on the aircraft board, and their Reservation for the given flight shall be cancelled without the right of reimbursement, unless the conditions of the applied Tariff state otherwise.
4. In case of death of a close relative (mother, father, sister, brother, grandparents, children, grandchildren, wife, husband, life partner in the light of a consuetudinary law), which took place for a month before the planned date of the flight, on request of the Passenger, presented in a month period from the time of the death of a relative, the Passenger shall obtain a refund for the Carriage Fare, under a condition of presenting a death certificate in 7 days counting from the day of presenting the request.
5. The Check-in starts for 2 hours before the time of departure and ends for 35 minutes before the time of departure. In particular cases the time of starting and ending of the check-in may be altered, in such a case the Passenger shall be informed by the Carrier.
6. The Passenger is bound to present an identity card with a photo. Lack of such a document equals with a refusal of accepting the Passenger on the aircraft's board, without the right to a reimbursement.
7. Except for the cases prescribed by law, the Carrier shall not be liable for any loss or expense beard by the Passenger, resulting from the refusal to accept the Passenger onto the aircraft board.
8. The Passenger is bound to respect the respective laws of a given country and to follow the instructions of public servants or the airport staff. A non-appliance of such instructions may result in refusal of accepting on the aircraft board without the right to a reimbursement, unless the conditions of the applied Tariff state otherwise.
9. If a Passenger, after a check-in, has not presented himself/herself at the entrance of the aircraft, and for this reason the flight is delayed because of the necessity of unshipping the checked baggage, the Passenger is bound to bear the expenses connected to it.
10. The Carrier is not liable in front of the Passenger for the damages or expenses resulting from non-performing by the Passenger the provisions of the herewith § 5.
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§6 Refusal of carriage
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The Carrier restricts itself a right to refuse the carriage or refuse to continue the carriage of a Passenger or the Passenger's baggage, if:
1. this is justified by the sake of safety;
2. with the exception for § 12, the Carrier considers that the Passenger's mental or physical state may imperil life, health, well-being or property of the Passenger or other persons present on the aircraft board;
3. The Carrier considers that the refusal of carriage is necessary to fulfill regulations in force in any of the countries in which a Place of Departure is situated, a Pause in the Journey is planned, a Stopover or a Place of Destination, or above which the aircraft is to fly;
4. The Passenger has not followed the instructions of crew members, representatives of respective State institutions or/and the airport staff, especially those concerning the safety and order on the board;
5. The Carrier has beforehand informed the Passenger in writing that the Passenger would not be in any time carried in any of the flights of the Carrier;
6. The Passenger has refused to undergo the safety control;
7. The Passenger has not paid the total Carriage Fare, a tax or any other demanded fee or credit proceedings between the Carrier and the Passenger or the Person Paying for the Carriage have not been completed;
8. The Passenger has not paid for a previous flight and rests the Carrier's debtor;
9. The Passenger is not able to prove to be the person for whom the reservation has been made;
10. The Passenger is not in possession of the required Documents of Travel or refuses to present - on the demand of the Carrier - the respective Documents of Travel;
11. The Passenger has damaged the required Documents of Travel or refused to transmit the Documents of Travel, in return for a receipt, for the time of the travel, to the Carrier's crew, when this is required by the authorities of a respective country;
12. The Passenger has been refused to enter the Place of Departure, the Place of Destination, or a place through the territory of which the journey takes place;
13. The Ticket presented by the Passenger:
• has been illegally acquired or has not been purchased from the Carrier or an Agent;
• has been notified as lost or stolen;
• is false or has a part which has been alerted by someone else than the Carrier or an Agent;
14. The Passenger has not informed the Carrier about his/her special needs or an intention to carry special baggage;
15. The Passenger needs special help, which the Carrier is not able to provide or for which the cost would be non-proportionally high;
16. The Passenger has inappropriate behaved during a previous flight and the Carrier considers that such a behavior may repeat;
17. In the case where the Passenger's behavior is or might be an offense or a crime;
18. If the Passenger has not conformed to a ban of smoking on the aircraft board of the Carrier.
Should the Carrier refuse to carry the Passenger or remove the Passenger from the board after a landing on the flight's route, for any of the aforementioned reasons, it is not liable for any damages or losses resulting from such a refusal of carriage or removal of a Passenger from the aircraft.
In such a case the Passenger may also be charged with any costs relating to such a refusal.
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§7 Administrative proceedings
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1. The Passenger shall be exclusively responsible for respecting all rules, regulations, recommendations, instructions and demands connected with a travel, binding in the State of Departure, the State of Destination, or the State over the territory of which the aircraft flies, as well as for respecting the regulations and instructions of the Carrier.
2. The Carrier, its employees, Agents and representatives are not bound to provide the Passengers and third parties with any help or information concerning receiving necessary documents (including the visas) or applying binding law, and they are not liable for consequences that will be beard by the Passenger as a result of false information, as well as of a non-receiving of such documents (including the visas) or non-applying the binding law.
3. The Passenger is bound to pay the Carriage Fare and other fees connected to a journey, if as a result of a refusal of entrance to a territory of a Place of Destination or a Stopover for the Passenger, government authorities commission the Carrier to take the Passenger to the territory of Departure or any other place. The Tariff fee taken by the Carrier for the carriage to the place where the refusal of entrance or deportation took place, shall not be reimbursed by the Carrier.
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§8 Travel documents
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1. The Passenger is obliged to possess all documents required during his/her travel and to fulfill all requirements which entitle him/her to enter and to depart from a given country in accordance with the requirements of the state bodies in an initial, transfer, transit and in a target country.
2. Before the travel, the Passenger is obliged to present the necessary Travel Documents required on the basis of legal provisions and regulations of countries to which and through which the transportation takes place, and to obey provisions and regulations binding in these countries. In the case when the Passenger shall not fulfill these requirements, or in the case when the Passenger's Travel Documents are improper, the Carrier shall be able to refuse to transport the Passenger without bearing any liability for any damages resulting from this cause.
3. In the case when the Carrier is obliged to pay any fine or penalty or in the case of bearing by the Carrier any expenses resulting from not observing by the Passenger any of the rules referred to in the paragraph 1 of article herein, the Passenger shall return to the Carrier the amount equal to the incurred costs. The Passenger shall also cover transport cots from the country which has refused him the right to enter. The Carrier shall not return to the Passenger the costs of a transportation to a country which does not allow him to enter its territory. The Carrier may count for such an amount due the amounts for a transport which has not been realized, paid previously to the Carrier, or any amounts due to the Passenger and being in possession of the Carrier.
4. The Carrier shall not be responsible for any lacks or possible invalidity of Travel Documents possessed by the Passenger.
5. The Carrier shall not be liable for any refusal of transport of the Passenger if it deems, on the basis of reasonable considerations, that the Passenger's Travel Documents do not meet the requirements provided for by the provisions and regulations in force.
6. The Carrier shall bear no liability if it acknowledges, on the basis of reasonable considerations, that the refusal of the transport is necessary for fulfilling provisions and regulations in force in any of countries through which the transport takes place.
7. The preceding provisions concern also documents for animals traveling together with the Passenger.
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§9 Tariffs and fees
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1. For the transport included within the herewith Conditions of Carriage, tariffs and rates specified by the Carrier shall be binding as the ones to be in force on the commencement day of a journey.
2. The tariff shall include a fee for air transport from an airport at the place of the launch of a journey to the airport at the place of the ending of a journey, unless provided otherwise.
3. The tariffs shall not include costs of the ground transport between airports and between airports and terminals in city centers.
4. The tariffs applied in the framework of the air transport shall be the Tariffs published by or on behalf of the Carrier in ways customarily accepted, and for transportations for which there is no published Tariff - tariffs constructed (calculated) in accordance with regulations of the Carrier. With the exception of cases regulated otherwise by state provisions and regulations of the Carrier, the applied Tariff is a tariff in force on a day of issuing a Ticket, and specified in a Ticket. Any change of the route of a journey or date may cause a change in the paid Tariff.
5. If the charged fee does not correspond to the Tariff which should have been applied, the arisen difference shall be paid to the Carrier or returned by the Carrier in accordance to his regulations.
6. Except if otherwise stated by the regulations of the Carrier, tariffs are applied only to routes which are included in a tariff. If a specified tariff enables to travel on different routes, the Passenger may specify a chosen route before issuing a Ticket, and in the case when the Passenger shall not do so, the Carrier alone shall specify it.
7. The Tariff - except as otherwise specified in the description of a given Tariff - shall not include any airport fees, taxes or other charges set by the state or communal authorities or by an airport managing body or by the Carrier. Any tax or fee, which were in force within the period of a journey of the Passenger, and imposed by a state authority or other authority or by an airport managing body concerning the Passenger or connected with utilizing by him any services or facilities or connected with issuing a Ticket shall be paid by the Passenger irrespective of the Tariff and fees due to the Carrier.
8. The additional tariffs and fees due to the Carrier shall be paid in cash or in a cashless form in any currency accepted by the Carrier, with a restriction to the conditions specified by foreign-currency regulations of a given country. If a payment is performed in a currency other than the currency in which the Tariff was published, the amount of the payment shall be calculated by the application of a foreign exchange course, specified in accordance with the rules set by the Carrier. Information on foreign exchange courses of currencies may be received from the Carrier or by the Call Centre and on the Internet site.
9. The Carrier, his Agents and representatives may refuse to sell a Ticket to a person, who is overdue in a payment for a previously bought Ticket until the settlement of arrears.
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§10 Passenger's duties during air transport
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1. Before entering the aircraft board, the Passenger shall be obliged, on a request of the Carrier's staff, to identify himself with his identity card and to present appropriate documents entitling him to make a journey.
2. Upon payment of a transport fee, the Passenger shall have a duty to inform the Carrier on any health problems (through the Call Center) which could make difficult the transportation of him or would have a negative impact on the course of the flight.
3. The Passenger shall be obliged to undergo a security control and shall also enable to control the Checked and Unchecked Baggage.
4. The Passenger shall be obliged to participate at the customs control of his Checked and/or Unchecked Baggage. The Carrier shall bear no liability against the Passenger for any loss or damage incurred by him at such a control or as a consequence of not obeying to such a requirement.
5. In accordance with international provisions in force, the Passenger shall not be allowed to carry in his hand baggage any materials, things and substances as provided for in the paragraph 12, item 2 and in relevant legal acts of a given country. Unless those things are not put in the Checked Baggage, the Passenger shall be obliged to hand over to the Carrier before a flight without the right to be returned (they are subject to confiscation by entitled customs authorities).
6. The Passenger shall be obliged to maintain cautiousness relevant to air transport conditions and to follow instructions given by the Carrier's staff or its representatives.
7. Furthermore, the Passenger shall be obliged to:
• obey instructions given by the staff and instructions displayed at a light panel regarding buckling up safety belts,
• move to an indicated seat on request of the Carrier's staff,
• maintain an appropriate cautiousness and refrain from any actions which could cause any danger for safety and continuity of the transportation and not to disturb any other passengers during the journey or crew members in the performing of their duties and also not to destroy the Carrier's and passengers' belongings,
• refrain from any actions which create any danger for order and discipline on the aircraft board, especially from an excessive consumption of alcohol drinks,
• obey the ban on smoking on the aircraft board, and especially in aircraft toilets,
• obey the staff's instructions regulating the use of private electronic equipment and devices which could disturb a correct functioning of electric, electronic and other aircraft installations through their operating,
• undergo immediately the first help, give a staff all necessary personal data and all information on the health state and afterwards undergo the medical control in the case of occurrence of any health problems during the flight,
• pay to the Carrier fees for all expenses connected with any losses and damages, which the Passenger has caused (or which cause their occurrence) through his behaviour (e.g. damage of the internal part of the aircraft through an illegal transport of any dangerous things, goods or animals, etc.),
• submit absolutely to instructions of the aircraft captain and of the board crew during the flight,
• undergo a security control, provided for by appropriate provisions, carried out by state authority bodies or entitled institutions,
• obey the absolute ban on using any equipment on the board producing electromagnetic waves (e.g. mobile telephones) and other devices, which could disturb a correct functioning of electric, electronic and other aircraft installations through their operating,
• obey the absolute ban on e consumption of alcohol drinks brought in the hand baggage on board.
8. In view of the flight safety, the Carrier shall be able to introduce a ban or to limit handling such equipment as: portable radio and computer/laptop, mobile telephone, electronic games, broadcasting devices, toys driven by radio waves and radiotelephone.
9. The use of hearing aids and apparatuses controlling the work of heart shall be allowed.
10. The Carrier shall inform in the case of necessity all passengers about requirements on safety and order on board and on consequences of their violation.
11. If, according to the evaluation of the Carrier, the Passenger, through his behaviour on board, jeopardizes the aircraft, any person or belongings being on board, hinders the crew to perform their duties, does not obey the instructions of the crew regarding the limitations and bans on smoking, consuming alcohol and any dopes on board or behaves in a way causing reasonable objections of other passengers, the Carrier shall hinder such a behaviour, including the use of compulsion measures, removal of such a Passenger from the board after landing and refusal of any further transportation including transportation in future.
12. In order to ensure the flight safety and safety and order on board of the aircraft, the aircraft commander shall be entitled in particular to issue instructions to all persons being on board of the aircraft and all persons being on board shall be obliged to fulfill the aircraft commander's instructions.
13. The Carrier shall reserve the right to assert claims against a Passenger who has caused any damage to any other passenger and the Carrier.
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§11 Carrier's obligations during air transport
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1. The Carrier is obliged to ensure familiarization of passengers with placing and way of use of:
• safety belts,
• emergency exits and equipment intended for common use,
• inflatable safety vests and oxygen masks if such equipment are provided by regulations for passengers' use,
• other emergency equipment intended for individual use.
2. The Passenger must be informed by the Carrier of prohibitions in force at the aircraft space. In specific cases breaking by Passenger of smoking ban at the aircraft space may result in declination of carrying Passenger without bearing any consequences on the part of the Carrier. Simultaneously the Carrier reserves himself the right against the Passenger to a claim for covering the costs arisen as the result of declination to carry the Passenger.
3. If necessary, the Carrier is obliged to instruct passengers on the ways of conduct in given emergency situations.
4. The Carrier has to ensure passengers the use of safety belts during take-off, landing, turbulences and on captain's request in any other time of flight duration.
5. The Carrier is obliged to instruct the Passenger on the way of putting away of baggage and personal belongings in the aircraft.
6. The Carrier allows for serving the flight by other type of aircraft than listed in the schedule or by an aircraft of other carrier.
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§12 Special care passengers
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1. Special Care Passengers - ill, disabled, children traveling without supervision, pregnant women - are obliged to inform the Carrier about that state with suitable advance, at the time of booking.
2. The Carrier undertakes to ensure special care by board crew to passengers during the flight.
3. A wheelchair subject to a handicapped Passenger's property shall be submitted to safety control according to the same proceedings as applied to hand baggage.
4. The Carrier is not liable for possible wounding, falling ill or other health failure, including death of a Passenger, as well as damaging of baggage carried by the Passenger with him, in case the Passenger due to his physical, mental condition or age is endangered during the flight with arising damage of health or emerging other harm.
5. There may simultaneously fly maximum 15 special care passengers on board. This limitation is caused by operational reasons.
6. Pregnant women my travel on board of Carrier's aircrafts till 26-th week of pregnancy without having a medical statement concerning lack of indications contrary to travel by air. The Carrier allows for carrying of pregnant women between 27-th and 34-th week of pregnancy, after presentation by traveling woman medical statement confirming advancement of pregnancy and lack of indications contrary to travel by plane.
7. Carrying of women up to 34-th week of pregnancy takes place at woman's own risk and the Carrier does not bear any liability in this respect.
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§13 Carrying of babies and children
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1. Babies before their second birthday on the day of departure travel according to special tariff charges provided that they stay on an adult's laps. There may be only one baby traveling with an adult. There may simultaneously travel maximum 15 babies on board. This limitation is introduced due to operational reasons.
2. Children aged from 5 years up to finishing 16 years of life may travel alone, on payment of special charge and at the liability of sending guardians, provided that at the airport of beginning of travel they are seen off by an adult, from whom the Carrier receives a written confirmation on the regular form, that in the port of destination the child will be awaited for by other adult. In the case where the taking over person does not appear, cost of the child care is born by seeing off person. The Carrier may request presentation of a document confirming the child's age.
3. The Carrier reserves himself the right to limit the number of children carried without an adult (full age) supervision at every flight. This limitation may be introduced due to operational reasons.
4. Children before their 5th birthday on the day of departure in no case can travel without supervision of an adult guardian.
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§14 Hand baggage
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1. The Passenger has the right to carry 1 piece of baggage in a passenger cabin. Weight of hand baggage per person cannot exceed the limit of 5 kg and the total of three dimensions cannot exceed 115cm (for example. 55x40x20 cm). The Carrier is entitled to check the weight and dimensions of the baggage.
2. Within the limits concerning Hand Baggage mentioned in item. 1 of this § 14, are not included the following items of personal use necessary for the Passenger during journey, being under Passenger's care, such as:
• lady's handbag,
• overcoat,
• umbrella or cane,
• photo camera , video camera, binoculars, notebooks,
• cradle, gondola or small armchair for carrying infant and infant's food for the journey duration,
• crutches and orthopedic appliances.
3. The Carrier may allow to carry within Hand Baggage also other items (for example a laptop).
4. If there is not enough space in passenger cabin, the Carrier may, irrespective of allowed in Carries regulations size, demand handing over to him the Hand Baggage and carry it in the cargo compartment. In such case the Passenger shall be bound to take out of the baggage valuables, documents and electronic appliances. Such baggage will be treated as the Checked Baggage, considering provisions of these Conditions of Carriage.
5. The Hand Baggage may not contain the following items:
• any firearms (pistols, revolvers, rifles, etc.), as well as their copies or imitations,
• firearm components (except binoculars and aim finders),
• pneumatic pistols, rifles, shotguns,
• signaling pistols (rocket shooters),
• starting pistols,
• toys imitating all types of arms,
• ball shooting arms,
• industrial pistols for shooting pegs or nails,
• bows,
• catapults,
• harpoons and cross-bows (such as spears launchers),
• arms for animals humanitarian sleeping off or killing,
• appliances for animals deafening or frightening,
• energy charge emitters,
• lighters in the shape of firearms,
• piercing, cutting arms and other sharp items,
• hathets, axes, pick-axes, Tatra mountain axes,
• ski or tourist sticks,
• arrows and throwing arrows,
• crampons, being an alpinists equipment elements,
• ice axes and -picks,
• skates,
• solid or folding/spring knives with any length of blade,
• knives of various kind and type, which may be used as arms,
• meat choppers,
• machetes,
• razors and shaving blades (except permanently shut in the insert),
• sabres or swords,
• scalpels,
• scissors, nail files,
• stars for throwing,
• appliances or items, which potentially may be used as a piercing or chopping arms, for example: bores, drills, cutters, various kinds of knives, various kinds of saws, screwdrivers, crowbars, hammers, tongs, keys for screws and washers, files, burners.
• baseball and softball canes,
• clubs or horsewhips (fixed or flexible),
• cricket clubs,
• golf clubs,
• hockey clubs,
• oars,
• all accessories used in arts of combat , such as knuckle-duster, telescopic clubs, wooden swords, clubs, etc.,
• ammunition,
• petards,
• detonators, ignitions, fuses,
• all kinds of explosive materials or semi-products used for their manufacture,
• explosive appliances,
• copies or imitations of explosive materials or explosive appliances,
• mines and other military explosive materials,
• grenades of all types,
• containers with gas, for example. butane, propane, acetylene, oxygen - in larger quantities,
• fireworks, flares of all types and other pyrotechnic materials (including appliances shooting confetti and percussion caps),
• easy inflaming matches (matches inflaming after abrasion on various surfaces),
• smoke generators, containers and refills,
• fluid fuel of all kinds and of any destination,
• paints and lacquers in spry,
• all kinds of paint diluters,
• alcoholic beverages of alcohol contents over 70% of volume (140% proof),
• alcoholic beverages in other than factory closed packing,
• acids and alcalia (for example so called "wet" batteries/accumulators),
• caustic or corrosive substances,
• sprayed disabling substances,
• radioactive materials,
• poisons of all kinds,
• materials creating biological danger or contamination danger, for example contaminated blood, bacteria, viruses,
• easily inflammable materials, capable of self-ignition or quickly/violently burning,
• extinguishers,
• and other items and materials foreseen by separate regulations, especially items listed in Technical Instructions concerning Safe Transportation of Dangerous Materials by Air issued by International Civil Aviation Organization - ICAO, Regulations on Dangerous Cargo issued by International Air Transport Association - IATA) and Commission Regulation (EC) Nr 68/2004.
6. The Passengers may carry in hand baggage medicaments and cosmetics only in quantity defined by IATA (maximum 0,5 kg/piece or 0,5 liter/bottle - global total maximum 2 kg or 2 l).
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§15 Checked baggage
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1. The Passenger, within the limits of the remitted Charge for the Flight, has the right to carrying the Checked Baggage which meets the following conditions:
• The Checked Baggage transported in the baggage compartments should be packed in suitcases or other suitable containers.
• The Checked Baggage should be labeled with the surname, initials or another personal mark, enabling the Passenger to identify it.
• The weight of the Checked Baggage each Passenger is entitled to within the limits of the flight charge, is 20 kg maximum.
• The baggage, the size of which is larger than the values given above, is considered to be an additional baggage. It can be accepted for transport only after paying an additional charge stipulated in the scale of charges and having been accepted by the Carrier.
• The Carrier reserves the right to limit the amount of the free of charge Checked Baggage the Passenger is entitled to within the limits of the Ticket bought, for operational reasons.
• The Carrier will inform the Passenger about the lowered limits of baggage one is entitled to on the given Flight.
• The weight of any piece of the Checked Baggage cannot be more than 32 kg.
• All information on the charges for the transport of additional baggage as well as the proceedings it must be submitted to, are available at the Carrier's. The Carrier has the right to refuse transporting the additional baggage which does not meet the conditions set by the Carrier.
• Transporting the additional baggage is not the Carrier 's duty. The Carrier reserves the right to refuse accepting the additional baggage on board because of the lack of free carrying space or for operational reasons.
• Transporting the hand and checked baggage is regulated in detail by the rules and procedures of the given airport.
2. The Checked Baggage is carried on the same flight as the Passenger, unless the Carrier decides it is unfeasible because of the lack of carrying space or overweighing of the aircraft. In such case the Carrier will transport the Checked Baggage the next Flight on which free carrying space is available, unless it has been established otherwise.
3. The Passenger's Checked Baggage should not contain the following objects:
• cash and securities;
• jewellery, precious metals, precious and semiprecious stones;
• computers, photo cameras, video cameras, mobile phones and other electronic devices or technical devices and their accessories, optical devices and other fragile objects;
• official, business or personal documents;
• traveling documents or any other identifying documents;
• keys;
• liquids (the exception: acid batteries for wheelchairs);
• medicines;
• foodstuffs;
• masterpieces of art / art objects of considerable worth.
4. In case the Passenger's checked baggage contains any of the above mentioned objects, the Carrier is not liable for any loss, destruction, delayed delivery or damage to such objects.
5. If the Carrier accepts the Checked Baggage with the Passenger's written declaration that the baggage exceeds the limits of responsibility stipulated by the Convention, the Passenger is obliged to pay an additional charge stipulated in the Tariff. In the case where the value of the baggage exceeds the limits of responsibility determined by the appropriate provisions, the Passenger should inform the Carrier upon this fact at the check-in or should on his own insure the baggage for the travel.
6. The Carrier can refuse accepting the baggage as the Checked Baggage, if it is not suitably packed in the way that guarantees its safe transport under regular conditions of care.
7. Fragile objects, which could be particularly vulnerable to damage while transported as checked baggage in the baggage compartment, such as certain musical instruments, pictures, and which are not on the list of objects and materials not allowed for transport, may be carried as hand baggage upon notifying the Carrier and obtaining his acceptance. Transporting such objects as hand baggage may involve paying an additional charge by the Passenger.
8. A folding baby carriage is also transported free of charge within the limits of the Checked Baggage.
9. Fully folding wheelchair, which can also be put in the baggage compartment, is transported free of charge as the checked baggage.
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§16 Collecting the baggage
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1. The Passenger is obliged to collect his baggage as soon as it is ready for the pick-up at the destination the baggage has been sent to.
2. In case of not collecting the baggage in a reasonable period of time, the Carrier can set a charge for its keeping. In case of not collecting the baggage in three (3) months since the time of its delivery to the place of destination, the Carrier can destroy it according to his rules and will be free of liability towards the Passenger.
3. The only person entitled to collecting the baggage is the holder of baggage ticket and a part of the baggage identification tag, issued on the Baggage Clearance. The Carrier is not obliged to verify whether the holder of baggage ticket and the part of baggage identification tag is entitled to pick up the baggage. The inability to show the control part of the baggage identification tag does not preclude collecting the baggage, provided the Ticket is presented and the baggage can be identified on the basis of other markings.
4. If the person collecting the baggage cannot present the Ticket and identify the baggage by showing the portion of the part of baggage identification tag, the v will give the baggage to such a person, provided he/she presents the evidence of the right to that baggage which is satisfactory the Carrier and, when the Carrier demands it, provides sufficient securities, enabling the Carrier to cover any losses or costs which could arise as the result of issuing such baggage.
5. The Carrier is not liable for any losses, damages or other costs which can arise as a consequence of picking up the baggage by an unlawful person.
6. Any damages or the loss of the baggage should be reported to the Carrier immediately on picking up the baggage. This report obliges the Carrier to draw up the damage or loss of the baggage record. Otherwise it is assumed, in case of the evidence to the opposite, that the baggage has been issued in the undamaged state.
7. In case of reporting the damage later, the Passenger has to prove the loss and the cause and effect relation between the reported damage and the particular flight.
8. If two or more Passengers traveling together to the same Destination submit their baggage for clearance at the same place and time, they will be allowed to carry the baggage the total weight of which equals the sum of the weight of the baggage each of the Passengers is entitled to.
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§17 Articles excluded from transportation and articles the transportation of which is subject to limitations
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1. The following articles shall be excluded from transportation both as the Checked Baggage, as well as the Hand Baggage:
• firearms, ammunitions and explosives or any articles and/or substances imitating firearms, munitions and/or explosives,
• combustible substances (except for alcoholic beverages in pre-secured packaging, hair sprays, perfumes, eau de Cologne);
• radioactive materials;
• compressed gas (except for carbon dioxide driving artificial extremities, a container with a non-combustible gas for inflating life-jackets as well as oxygen and air tanks in an amount specified by the IATA provisions);
• toxic and/or infectious substances;
• corrosion-driving materials (except for mercury in thermometers and barometers and batteries in wheel chairs);
• brief-cases and dressing cases, with securities and embedded alarm detectors, lithic batteries and/or pyrotechnic material;
• articles and materials that endanger the safety, property, life and/or health of persons on board;
• any materials the transportation of which is forbidden by virtue of the provisions and regulations in force in the countries via which they are transported;
• any articles unfit for transportation due to their weight, shape, size and/or any other properties;
• living animals, subject to sections 5-7 of this § 17;
• human remains;
• animal remains;
• any articles set forth in the Technical Instructions on Safe Air Transportation of Hazardous Commodities issued by the International Civil Aviation Organization - ICAO), the Regulations on Hazardous Commodities issued by the International Air Transportation Association - IATA and in the EC Decree No. 68/2004.
2. If the Passenger attempts to take any of the aforementioned articles, the Carrier shall have a right to refuse to transport them and/or refuse to continue transporting of such article, if they are detected during the Flight.
3. Domestic animals only may be accepted for transportation as the Checked Baggage. The animals should be placed in special containers with food enclosed and provided with valid veterinary certificates pertaining to their health condition and vaccinations, entry permits and other documents as required by the state authorities of the country in which the travel ends and the transit state authorities. Small dogs and cats may be transported in the passenger cabin only if they are pre-reported to the carrier and based on its consent.
4. The domestic animal in a special container with food enclosed which is accepted for transportation as the passenger's checked baggage shall not be included in the limit of free baggage but it shall constitute excess baggage for which the passenger shall pay based on the tariffs in force.
5. The Carrier shall bear no liability for bodily injury, disappearance, delayed release, disease and/or death of the animal in case of refusal to admit it to the territory of the Place of Destination and/or the Stopover.
6. The dogs being guides of blind and/or deaf persons shall be transported free of charge. The dogs must be equipped with a leash, muzzle, training certificate and the required documentation.
7. The detailed conditions of animal transportation may be regulated by separate provisions of the country of the Place of Destination and/or the Stopover.
8. The Carrier reserves itself a right to limit the number of animals transported during one flight.
9. In case of detecting transportation of articles which are excluded from transportation and/or transportation of articles that contradicts the provisions of these Conditions of Carriage, the transportation of such articles shall be subject to relevant fees and charges. Moreover, the transportation of such article shall be subject to exclusions and limitations of liability and other provisions of these Conditions of Carriage that pertain to baggage transportation. The Carrier may collect, from the Passenger, and transport, under its own custody, the articles that it deems to be hazardous, upon its own discretion.
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§18 Right to check the baggage
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1. For security reasons, the Passenger shall be obligated to provide information, to the Carrier, as regards the baggage he/she transports. The Carrier, upon the Passenger's consent, and in his/her absence and impossibility of obtaining such consent in due time, without the Passenger's consent, shall have a right to check if there are any articles set forth in § 15 item 1 and/or § 15items 3-8 in the baggage, which are transported in breach of these Conditions of Carriage.
2. Should the Passenger refuse to provide information and/or fail to give his/her consent to the check-up of the baggage contents, the Carrier may refuse to transport the Passenger or his/her baggage.
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§19 Liability of the carrier
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The Carrier shall be liable for any damage which results from non-performance and/or improper performance of the agreement, based on the following acts of law:
1. The transportation based on these Conditions of Carriage shall be subject to the rules and limitations of the Carrier's liability as determined by the Warsaw Convention, if it is "international transport" within the meaning of the Convention. Within the scope in which the provisions of the Convention do not apply, the liability shall be determined by the law in force in particular countries, whereby the Polish law in this respect and the law in force in transportation via other EU member states is consistent with the Convention.
2. If the damage arises entirely or partly through the fault of the person injured, the Carrier may decline responsibility in whole or in part, based on the principles of the law in force.
3. The Carrier shall be liable for any personal damage (the Passenger's death, bodily injury and/or health disorder) in international transport, on the principles laid down in the aforementioned acts of law that provide for a limitation of the Carrier's liability.
4. The Carrier's liability shall only be restricted to damages caused during transportation by its own flight and/or flights marked with the Carrier's Code. When issuing the Airplane Ticket and/or registering the baggage to another carrier's airlines, the Carrier shall act as such carrier's agent only.
5. If, before departure, there are any doubts as to the health condition of the Passenger, the Carrier may request a relevant medical certificate and/or order medical examination of the Passenger at the airport (before the departure).
6. The Carrier shall not be liable for damage resulting from observing by him the binding law and administrative regulations or for damage resulting from an inobservance by the Passengers of the aforementioned law provisions and regulations.
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§20 Liability for the passenger's personal damage
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1. The Carrier's liability for any damage sustained as a consequence of death, injury and/or any other bodily injury of the Passenger due to an accident may not be subject of any cash limitations, irrespective of whether they have been specified by virtue of law, the convention and/or the agreement.
2. In case of any and all damages in a maximum amount being a PLN equivalent of SDR 100,000, the Carrier may either exclude or limit its liability by proving that the Carrier and its representatives have taken any critical steps to avoid such damage or that it was impossible for them to take such steps.
3. Notwithstanding the foregoing provisions, if the Carrier proves that the damage was caused through the fault of the injured person or that the injured or deceased Passenger has contributed to such damage, the Carrier may be partly or entirely released from its liability pursuant to the applicable legal regulations.
4. The Carrier shall promptly, and under no circumstances later than within 15 days after establishing identity of the natural person being a beneficiary of the indemnity, pay, in advance, such funds as may be required to cover the instant needs pro rata to the material damage that such person has suffered.
5. In case of death, the advance payment shall not be lower than a PLN equivalent of SDR 16,000 per one Passenger.
6. The advance payment shall not constitute the acknowledgement of liability and may be accrued towards any consecutive amounts to be paid with reference to the Carrier's liability, but it shall not be subject to reimbursement except for special cases and/or circumstances, whereby it is proven at a later date that the person that has received the advance payment, either caused or contributed to the creation of damage through his/her own fault and/or was not a beneficiary of the indemnity.
7. Where as a result of delay in carriage a personal damage to a Passenger occurred, the Carrier shall be liable only if he did not undertake all possible means to avoid this damage. For the damage caused by a delay in carriage the Carrier's liability shall be limited to the amount of SDR 4 150.
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§21 Liability for disappearance and/or damage of the baggage or delay in the baggage transportation
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1. The liability for any loss, delay and/or damage of the baggage shall be limited unless the higher value of the baggage has been pre-declared and additional charge paid.
2. The Carrier's liability for the damage to baggage referred to in the item 1 hereto shall be limited to approximately USD 20 per one kilogram of the checked baggage and to approximately USD 400 or for the hand baggage of one Passenger in a case where the carriage is subject to the provisions of the Warsaw Convention. In the case where the carriage is subject to the Montreal Convention, the liability of the Carrier shall be limited to the amount of 1000 SDR for the checked and unchecked baggage. However, in a case where the Passenger cannot prove the amount of the suffered damage, the Carrier's liability shall be fixed on the basis of an estimated weight of the baggage, i.e. approximately 20 USD per one kilogram.
3. Where the weight of the checked baggage, it shall be accepted that the weight of this baggage does not exceed the weight limits applicable to the carriage of baggage free of charge.
4. The Carrier may release itself from any liability to Passengers for loss of or damage to luggage by proving that the Company cannot be held responsible for the resulting damage.
5. The Carrier may get released from its liability towards the Passenger for any loss or damage of the baggage by proving that it is not to blame for the occurrence of such damage.
6. If after the Passenger arrives at the port of destination it turns out that the baggage has not arrived by the same flight, the Carrier and/or the passenger service agent acting in its name shall draw up a relevant protocol and shall open the procedure of searching for such baggage without delay.
7. Should the loss of the baggage be a consequence of circumstances for which the Carrier is not liable, , the Carrier and/or its passenger service agent shall forthwith notify the Passenger of a possibility to re-collect the baggage at the airport. The baggage should be re-collected by the Passenger within 5 business days following the notification date. Upon the lapse of such period the Passenger shall be charged with the costs of the baggage storage. Upon request of the Passenger, if possible, the Carrier shall transport the baggage to another airport than the port of destination.
8. The Carrier recommends that, in case of later re-collection of the baggage than directly after arrival, the Passenger check if the baggage has suffered no defects or damages during the re-collection, and if they are found, that he/she make a complaint.
9. The baggage which is not found within 30 days after making the complaint shall be deemed to be lost. The property liability of the Carrier for the baggage lost shall be settled by the provisions of the aforementioned acts of law, these regulations concerning the General Conditions of Carriage of Passengers and Baggage and the respective provisions of Polish law.
10. The Carrier may get released from its liability towards the Passenger for the loss and/or damage of the baggage, if it proves that it is not to blame for the above.
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§22 Liability for Overbooking
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"Overbooking" is a practice applied by a majority of air carriers, consisting in a refusal to accept onboard an aircraft a Passenger despite a confirmed booking and a valid ticket. It often happens that passengers who have a confirmed booking, without a previous notification to the Carrier do not appear at the check-in. In order to make the seats in a plane accessible to a greater number of passengers, the Carrier may confirm bookings exceeding the number of the seats provided in a plane. In such case it may occur that a Passenger despite having his booking confirmed and a valid ticket, shall be refused to enter the aircraft board. In order to avoid such situations, the Carrier shall in the firs place call persons willing to fly on a later date.
In case of overbooking the Carrier is bound to make accessible, upon request of the Passenger, a written information on the vested to the Passenger rights, including the right to compensation
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§23 Cancellations and delays
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1. The Carrier shall exercise due diligence so that the Passenger together with his/her baggage start travelling at proper time pursuant to the flight schedule applicable on a given day.
2. In case of delay or cancellation of a flight the Carrier shall be bound to make accessible for the Passenger, upon his require, a written information on the vested to the Passenger rights, including the information on the vested to him right to reimbursement and other rights. However, in case of cancellation of a flight for reasons resting beyond the Carrier's control, the Carrier shall be released from the obligation of paying the reimbursement.
3. The Carrier shall not be liable towards the Passenger for cancellation of a flight in case where he notifies the Passenger on this fact:
a) for at least two weeks before the scheduled date of departure, or
b) within a period of two weeks and not later than for seven days before the planned journey, with the reservation that he proposes the Passenger re-routing, enabling him to depart not earlier than for 2 hours before the scheduled time of departure and land to the place of destination not later than for 4 hours after the scheduled time of landing, or
c) for less than 7 days before the scheduled time of departure, with the reservation that he proposes the Passenger re-routing, enabling him to depart not earlier than for 1 hour before the scheduled time of departure and land to the place of destination not later than for 2 hours after the scheduled time of landing.
4. Should the Carrier be liable to make to the Passenger a reimbursement of the whole or a part of the payment for carriage, the reimbursement shall be made on the grounds of provisions of the §24 hereto.
5. The Carrier undertakes to inform the general public about the schedule of flights offered by the Carrier and about any possible changes.
6. In the cases referred to in the present paragraph, the Carrier shall be released from further liability towards the Passenger, unless the law provides otherwise.
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§24 Principles of cost reimbursement
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1. If the Carrier fails to perform the transportation services pursuant to the Contract of Carriage and/or refuses the Transportation services pursuant to the respective provisions of these Conditions of Carriage and/or if any change to the performance of the Contract of Carriage is made by the Passenger's will, the reimbursement of the Receivables for the unused Airplane Ticket and/or its part shall be effected by the Carrier pursuant to the principles specified in this Article and the respective regulations of the Carrier.
2. The Carrier shall reimburse the outstanding Flight Receivables paid to the benefit of the Passenger and/or the Payer, after a relevant proof of payment is submitted to the Carrier, unless the provisions of this paragraph provide otherwise.
3. The Carrier shall make reimbursement only for the benefit of the entity that has paid the Flight Receivables in favour of the Carrier and has a respective proof of payment.
4. If the payment of the Receivables is effected by means of a debit card and/or bank transfer, the reimbursement due shall be made by the Carrier to the debit card and/or bank account, respectively, except if agreed otherwise.
5. If, pursuant to the conditions of the Airplane Ticket Tariff applied, the Passenger has a right to full reimbursement, the amount of such reimbursement shall be equal to the full charge resultant from the respective table.
6. Certain taxes, administrative fees or charges or other additional fees, which are collected by the Carrier during sales of the Airplane Ticket and other services reserved by the Passenger, may under no circumstances be subject to reimbursement.
7. The Passenger shall have a right to receive a partial reimbursement of the Receivables paid in favour of the Carrier, in the following situations:
• if any of the Airplane Ticket segments has been used by the Passenger, the reimbursement of the Flight Receivables paid shall be effected only within the scope of unused segments. In such situation, the reimbursement may be made only if there is no inconsistency with the conditions of the Airplane Ticket Tariff applied.
• the reimbursement of the Flight Receivables paid in favour of the Carrier shall be made in the same form and in the same currency as the payment for the Airplane Ticket was made.
8. The outstanding reimbursement may be made only by the Carrier and/or by persons authorised thereby.
9. If the Carrier:
• cancels a flight, or
• cannot operate a flight reasonably according to the schedule,
• fails to stop at a scheduled landing point which is a Place of Destination or a Stopover,
• cannot provide the Passenger with the booked seat, or
• causes the Passenger to miss a connecting flight on which he/she holds a confirmed reservation,
The refund will be as follows:
• If no part of the Ticket has been used - the refund will be equal to the fare paid by the Passenger (with no deductions);
• If a part of the ticket has been used, the refund will be equal to the difference between the fare (from which the applied reductions will be subtracted) paid by the Passenger and the correct charges for the flights between the points for which the Ticket has been used, calculated according to the tariff for one-way flight between the place of stopover and the Place of Destination or the next stopping point.
10. If the Passenger demands a refund for other reasons that the ones referred to in item 9 of this § 20, and the applied tariff does not exclude the right to a refund, the refund will equal to:
• If no part of the ticket has been used - the fare paid by the Passenger, less any possible fees and charges resulting from the conditions of applying a given special Tariff and/or handling charge for cancellations, if applicable;
• If part of the Ticket has been used and tariff regulations permit it - the amount equal to the difference between the fare paid and the correct fare charges for travel between the points for which the Ticket has been used, on the basis of the returned ticket, less any possible charges resulting from the application of a given special Tariff and/or handling charge for cancellations, if applicable.
11. The Carrier may refuse a fare refund if the request for a refund is not received by the Carrier within one year of the date of ticket validity expiry, set out in the provisions of § 3 point 2.
12. The Carrier may refuse to refund the fare for an unused Ticket if this Ticket has not been used due to causes specified in § 10 point 11 and the Carrier has decided to secure the amount paid for the Ticket to satisfy claims against the Passenger for damage incurred by a different passenger or carrier.
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§25 Contracts concluded by the carrier with third firms for providing additional services
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1. The Carrier enters into contracts with third parties in order to provide Passengers with additional services (other than air carriage) such as for example: hotel reservation, car rent, insurance agreements. In case of entering into such contracts, the Carrier does not act as a representative of a third party. Any claims concerning the way a third person carries out the contract concluded with the Passenger should be made directly to this firm.
2. Additional services offered by the Carrier may be subject to certain restrictions or separate regulations. The Carrier will provide the Passenger with access to the General Conditions of Contract Agreements used by the third firm.
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§26 Complaints
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1. The Carrier is not liable for damage to baggage if the person authorized to collect it does not make a complaint immediately after discovering the damage or within seven days of the date of receiving the baggage or in case of delayed baggage within 21 days of the date of the baggage being made available to the Passenger.
2. Complaints concerning baggage are accepted only immediately after arriving at the airport where the Passenger discovers the loss or damage to the baggage. The complaints should be made to the handling agent acting on behalf of the Carrier.
3. The Passenger will have no right to damages in international carriage if an action is not brought within two years of the day of completing the carriage or the day on which the carriage was to be completed or was interrupted. The way of calculating the above period will be determined by the law of the court where the case is heard.
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§27 Additional services
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1. The Carrier provides selected additional services. The Passenger may take advantage of these additional services after informing the Carrier of such intention and receiving confirmation of the Carrier's readiness to provide a given service.
2. All information concerning charges for special services and procedures connected with them are available from the Carrier. To obtain this information the Passenger should contact the Carrier through Call Centre or the web site of the Carrier. The Carrier has the right to refuse to provide special services not complying with the conditions defined by the Carrier.
3. Providing special services is not the Carrier's duty. The Carrier reserves the right to refuse to provide a specific additional service due to insufficient carrying capacity or operational reasons.
4. Conditions of providing additional services are regulated in detail by the law and procedures of a given country.
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