Article 1 : Definitions
For the purpose of these conditions of carriage, the following terms have the following meanings :
Baggage which is equivalent to luggage, means such passengers belongings necessary or appropriate for wear, use, comfort or convenience in connection with their trip. Unless otherwise specified, it must include both checked and unchecked baggage of passengers.
Carrier means Albinati Aeronautics SA.
Client means the legal entity or individual having booked the flight described in the flight confirmation either for his own account as passenger, or for the account of third passengers.
EC Regulation means the Regulation (EC) No. 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No. 2027/97 on air carrier liability in the event of accidents, published on 30 May 2002 JOCE No. L140/2.
Flight Attendant (F/A) are not Cabin Crew (CC) in accordance with EASA AIR OPS 965/2012 Annex III, Part-ORO, Subpart CC and they have no safety related functions.
Flight confirmation means the confirmation of the flight to be operated by the carrier issued to by the carrier to the client.
Passenger means any person except members of the crew carried or to be carried in an aeroplane operated by and with the consent of the carrier. For brevity purpose, the plural form may be used throughout the current document (passengers).
Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, 28 May 1999 and published on July 2001, JOCE No. L194/39.
Price means the price specified in the flight confirmation.
Warsaw Convention means the Convention for the Unification of Certain Rules relating to International Carriage by Air of October 12, 1929, as amended.
Article 2 : Scope of application
The conditions of carriage apply to the carriage agreement between the carrier and passengers or clients (as applicable) for the flight, or series of flights to be performed from the point of departure until final destination as stated in the flight confirmation.
Article 3 : Carrier’s services and limitations
The carrier undertakes to use its reasonable efforts to carry passengers and their baggage from the point of departure until final destination as stated in the flight confirmation.
The pilot in command of the aeroplane will be in complete charge and control of the aeroplane at all times. If, in the pilot in command’s sole judgment, safety of flight may be jeopardised, then the pilot in command may terminate a flight or cancel it. The carrier will refuse carriage or onward carriage, or will cancel the flight, or series of flights reserved by any passenger or client (as applicable) when:
such action is necessary for reasons of safety; or
such action is necessary to prevent violation of any applicable laws, regulations, or order of any state or country to be flown from, into or over; or
the conduct, age or mental or physical state of the passenger is
such as to:
require special assistance of the carrier;
cause discomfort or make himself/herself objectionable to
other passengers; or
involve any hazard or risk to himself/herself or to other persons
Article 4 : Passengers’ obligations
The passengers shall comply with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over (e.g., immigration, customs, agriculture, etc.) and with the carrier’s rules and instructions pertaining hereto. The carrier bears no liability for the consequences to any passenger resulting from his/her failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements, rules or instructions. The client may be billed and shall pay for any additional costs (surcharges, fees, fines, penalty, etc.) resulting from such non-compliance by the passengers.
If required, passengers shall attend inspection of their baggage checked or unchecked by customs or other government officials. The carrier is not liable to the passenger(s) or the client for any loss, delay or damage suffered by the passenger(s) or the client through failure to comply with this requirement.
Article 5 : Baggage
The passengers shall not include in their baggage, the following
(the unsuitable baggage):
Articles which do not constitute baggage as defined in Article 1.
Articles which are likely to endanger the aeroplane or persons or properties on board the aeroplane or on ground, including (without limitation) explosives, compressed gases, corrosives, oxidising, radioactive or magnetised materials that are easily ignited and poisonous offensive or irritating substances.
Articles the carriage of which is prohibited by applicable laws, regulations or orders of any States to be flown from, to or over.
Articles which, by reason of their weight, volume, size or character exceed or do not comply with the aeroplane cargo capacity or the manufacturer’s technical and safety standards (mass and balance) or which, in the opinion of the carrier, are unsuitable for the performance of the flight.
The carrier shall have the right, but no obligation, to send any unsuitable baggage by cargo at clients’ or passengers’ costs.
If passengers are in possession of, or if their baggage include:
weapons of any kinds, in particular side arms and sprays use for
offensive or defensive purposes;
munitions and explosives;
articles which, judging by their outward appearance or making, look like weapons, munitions or explosives;
they shall notify the carrier in writing thereof simultaneously with the signing of the flight confirmation and submit said baggage to carrier for inspection prior to boarding of the baggage.
The carrier may, without obligation, accept carrying such articles as cargo or checked baggage only, in strict compliance with the applicable regulations governing carriage of dangerous goods.
The carrier shall have the right to conduct a body search of the passengers or a baggage search to determine whether they are in possession of or whether their baggage contain any unsuitable baggage or other articles described in this article. Should the passengers refuse such searches, the carrier may, in its sole discretion, refuse to carry the passengers or their baggage.
In this case, the carrier shall be under no liability to the passengers or the clients for any delay or other damage and neither clients nor passengers shall be entitled to any refund of the price.
Article 6 : Price
Unless otherwise specified in the flight confirmation, the client shall pay the price to the carrier not less than forty-eight (48) hours before the initiation of the flight.
In case of late payment, a late interest shall accrue on the price amount at the rate of 10% p.a.
Article 7 : Flight delay, cancellation and termination
In case of delay in the performance, cancellation or termination of the flight described in the flight confirmation due in whole or in part to any act of God, act of nature, weather conditions, acts of civil or military authority, strike or labor dispute, mechanical failure, unserviceability of the aeroplane, safety risk, lack of essential supplies or parts, unavailability of slot, decision, action or absence of decision or action by an authority or a third party, compliance with any international or national regulation or legislation, clients’ or passengers’ delay or changed requirements, or for any other cause beyond the control of the carrier, or in case the pilot in command or the carrier decides to terminate or cancel the flight described in the flight confirmation for safety reasons, nor the carrier neither any of its employees or agents shall be deemed to be in breach of their obligations or bear any liability towards clients or passengers provided, however, that if a flight is delayed, cancelled or terminated prior to completion, due in whole or in part to any such cause, the carrier shall refund to client all payments previously received with respect to such flight, other than (i) any cost incurred by the carrier as a result of said delay, cancellation or termination, (ii) the costs attributable to (aa) the flight theretofore performed and to (bb) such flight as may be necessary to return passengers to their original aerodrome of departure, for which the carrier shall have the right to charge the client.
If due in whole or in part to a cause described above, the flight described in the flight confirmation is delayed or cancelled or terminated prior to completion and the carrier provides another aeroplane to complete it, the client shall pay the carrier any additional costs incurred over and above the original price to provide the replacement aeroplane.
Article 8 : Liability
Any liability of the carrier and of its employees and agents for any damage arising out of or in connection with the carrier’s services hereunder (including delays) is excluded, subject to any compulsory provision to the contrary of any applicable national or international law, in particular of the Montreal or Warsaw Convention, and of the EC Regulation. Specific notices regarding the liability of the carrier according to these instruments are included in the flight confirmation. In any case, the carrier is not liable for indirect damage or consequential loss.
Article 9 : Personal data
For security and immigration purposes, authorities of certain countries may require the carrier to disclose specific data related to passengers and passengers’ journey, such as passengers’ name, date of birth, home address, contact phone numbers, information on travel partner, date of reservation, ticket issuance, payment information and travel itinerary, information concerning baggage, etc. (Passenger Name Record data, PNR). The carrier is hereby authorised to disclose such PNR to any requiring authority. Data may be transferred to countries where the data protection is not equivalent to that provided in passengers’ home country.
Article 10 : Applicable law and jurisdiction
The carriage agreement between the carrier and passengers or clients (as applicable) shall be subject to the laws of Switzerland. Any dispute arising out of or in connection with it shall be submitted to the jurisdiction of the competent courts of Geneva, Switzerland. Any compulsory provision to the contrary of any applicable national or international law is reserved.
Summary of the provisions on 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, in case these instruments are applicable to the passengers’ journey.
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 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 fifteen (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 case of delay by the air carrier, 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 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 limit by making a special declaration at the latest at check-in and by paying a
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 seven (7) days, and in the case of delay within twenty-one (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 limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aeroplane, or from the date on which the aeroplane ought to have arrived.