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interCaribbean Airways Contract of Carriage. For the purposes of these terms and conditions, and the transport and services provided pursuant to them, the phrase “this Ticket” shall be understood to include your E-Ticket Customer Receipt and all documentation issued to you as part of your E-Ticket travel.

1. General Conditions

1.1. As used in this contract “Ticket” shall be understood to include your E-Ticket Customer Receipt and all documentation issued to you of which these conditions and the notices form part, “carriage” is equivalent to “transportation”, “carrier” means all air carriers that carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage. “Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28 September 1955, whichever may be applicable.1.2. Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not “International carriage” as defined by that Convention.1.3. To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to:a) provisions contained in the ticket;

b) applicable International Conventions and tariffs;

c) carrier’s conditions of carriage and related regulations;

d) any written or oral directions to the extent not inconsistent with the ticket and carrier’s conditions of carriage.

1.4. Carrier’s name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier’s tariffs, conditions of carriage, regulations or timetables; carrier’s address shall be the airport of departure shown opposite the first abbreviation of carrier’s name in the ticket; agreed stopping places are those places set forth in this ticket or as shown in carrier’s timetables as scheduled stopping places on the passenger’s route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.

1.5. An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its Agent.

1.6. Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.

1.7. Any money received for this Ticket by an agent issuing it (“Agent”) is received in trust for this issuing airline. The issuing airline does not receive this money as agent for any other Operator. The Agent is not for any other purpose agent of any Operator.

1.8. Operators are not common carriers and may refuse to carry any person or goods without any obligation to provide reasons for such refusal.

1.9. Each Operator is responsible only for transport or services provided by it and has no liability for any other transport or services.

1.10. This Ticket is not transferable. There is no obligation to provide any transport or services under this Ticket unless satisfactory proof of identity is produced (namely a driver’s license or similar form of photographic identification) by the purchaser of the Ticket (“Purchaser”) when checking in to board a flight.

1.11. If Purchaser alters or cancels transport or services or their sequence, the ticketed fare structure may become inapplicable. Under certain fare structures this Ticket may become valueless and not refundable if not used on the date or for the transport or services specified; Passenger and Purchaser each then agrees to pay full fares and prices. The issuing airline may charge cancellation fees or make refunds in its absolute discretion. Not all services or fare types are necessarily available to all passengers.

1.12. Purchaser acknowledges receipt of this Ticket for related charges described therein. If this Ticket is purchased with a credit card, Purchaser agrees to make payment in full when billed or in extended payments in accordance with the standard policy of the issuer of the credit card.

1.13. The carrier may, without notice, substitute means of transport or service suppliers. These Terms apply to any substituted or altered transport or services.

1.14. Except as otherwise provided by these Terms, and to the extent permitted by law:

(i) Operators are not liable for death of or injury to any person, for loss of or damage to baggage or goods, for delay, or for consequential or other loss of any kind, arising directly or indirectly from negligence or omission or other cause, in connection with provision or non-provision of any transport or service: and

(ii) No Agent or Operator is liable for inaccuracy in any information concerning transport, services or their pricing.

1.15. Any liability of an Operator for breach of any provision of or term shall not exceed re-supply of the service in question or payment of the cost of re-supply.

1.16. Protection given by these Terms to an Agent or Operator shall extend to its servants, agents, representatives, related companies and independent contractors. This condition is included for the protection of those persons, in consideration of their services to the Passenger.

1.17. No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.

1.18. If any term fails to have all, some or any effect, or causes any other term to fail to have any effect, it shall be read down or severed to preserve the rest of these Terms.

1.19. Wherever it is issued, this Ticket and carriage or services supplied there-under are governed by the laws for the time being in force in The Turks and Caicos Islands. 2.1 Checked baggage will be delivered to bearer of the baggage check.

2. Baggage

Checked Baggage Limits The total linear dimensions (i.e. Length plus Width plus Height) of any item of baggage, must not exceed 157 cm. Maximum acceptable weight of any single item is 70 pounds. Any Item of baggage exceeding the size or weight limit will not be accepted at passenger check-in.

Free Checked Baggage Allowance In addition to approved cabin baggage, each customer occupying a paid seat travelling on interCaribbean Airways Ltd. domestic or international services is entitled to a free baggage allowance in accordance with the company baggage allowance posted at intercaribbean.com.

2.1. Excess Baggage Charges apply for any weight in excess of the interCaribbean Airways Ltd. free baggage allowance; rates may vary between different sectors. Further details can be obtained from any interCaribbean Airways Ltd. office.

2.2. Excess Baggage Carriage Restrictions Excess baggage is carried subject to space availability and hence may not be carried on the same service as the passenger. Excess baggage is only carried to the airport specified on the interCaribbean Airways Ltd. baggage tag. The passenger is responsible for collection of excess baggage and/or any other related delivery expenses.

2.3. Excess Baggage Limit Total baggage exceeding 220 pounds will not be accepted as excess baggage. Such consignments must be processed at a Cargo outlet at the applicable cargo rate.

2.4. Interline Participating Passengers ticketed through to the final destination without a stop in the itinerary are entitled to the IATA standard checked baggage allowance (weight system according to class booked), in respect to the interCaribbean Airways Ltd. component of the itinerary. Baggage in excess of the interCaribbean Airways Ltd. weight allowance is carried free of charge subject to space availability and hence may not be carried on the same service as the passenger.

2.5. Cabin Baggage Each fare paying passenger is entitled to carry on board (unless the Operator directs it be stowed in the aircraft hold) one piece not exceeding a depth 9 inches, height 14 inches and length 16 inches; and not exceeding a total weight of 10 pounds.

2.6. Valuable Items All baggage should be locked. Items of value – such as money, jewelry, precious metals, negotiable papers, securities, business documents or the like – should only be carried on your person or in cabin baggage under your care. interCaribbean Airways Ltd. is not liable for loss or damage resulting from inherent defect, quality or service of goods carried.

3. Dangerous Goods

3.1 For safety reasons, the following types of restricted articles are examples of articles which must not be carried in your baggage. If you have any doubt about what you may carry, please request more information from interCaribbean Airways Ltd. before you travel.i. Compressed gases e.g. refrigerants, flammable and poisonous such as butane and aqualung cylinders.ii. Corrosives e.g. acids, alkaline, mercury and wet cell batteries.iii. Explosives, munitions, fireworks and flares

iv. Flammable liquids and solids e.g. lighter or heating fuel, matches, paints and articles easily ignited

v. Infectious substances e.g. live virus substances

vi. Radioactive materials and all poisons e.g. insecticides and weed killers

vii. Medicines and toiletries in limited quantities

viii Alcoholic beverages may be carried in checked or cabin baggage (maximum 2 liters or 2 kg).

ix. Firearms are not permitted in the cabin.

x. Passengers shall not tender dangerous goods or potentially dangerous goods for carriage as baggage.

Carriers may destroy, abandon and/or retain as evidence any such goods. Your attention is drawn to signage throughout Departure terminals for more information. Please direct any inquiries for further assistance to interCaribbean Airways Ltd.

4. Domestic Carriage – Limitation of Liability

4.1 Carriage hereunder which is wholly within the Turks and Caicos Islands is not international carriage as defined by the Warsaw Convention, is subject to the provisions of the Air Navigation (Overseas Territories) Order 2008, or complementary State legislation and the liability of the carrier in respect to the death of or injury to any passenger is limited to the sum of $50,000 and in respect of baggage limited to the sum of $500, and a maximum of $100 for baggage other than checked baggage.

5. International Carriage – Limitation of Liability

5.1 Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers on a journey to, from or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of certain carriers, parties to such special contracts, for death of or personal injury to passengers is limited in most cases to proven damages not to exceed US$75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such special contracts or on a journey not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for death or personal injury to passengers is limited in most cases to approximately US$10,000 or US$20,000.The names of carriers who are parties to such special contracts are available at all ticket offices of such carriers and may be examined on request.Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under the Warsaw Convention or such special contracts of carriage. For further information please consult your insurance company representative.

5.2 Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately US$20.00 per kilo for checked baggage and US$400.00 per passenger for unchecked baggage. For travel wholly between US points, Federal rules require any limit on an airline’s baggage liability to be at least US$1,250.00 per passenger. Excess valuation may not be declared on certain types of articles. Some carriers assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the carrier.

6. Notice of Government Imposed Taxes and Fees

6.1 The price of this Ticket may include taxes and fees which are imposed on air transportation by government authorities. You may also be required to pay taxes or fees not already collected.

7. Government Requirements

7.1 Passengers shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures. (refer to paragraph 11)

7.2 In accordance with Civil Aviation Regulations, smoking is not permitted on domestic flights, in some airport terminals and on certain carrier’s international services. The Air Navigation (Overseas Territories) Order 2008 and the Overseas Territories Aviation Regulations contain rules for passenger conduct to ensure safe air travel. Passengers must comply with those rules at all times.

8. In-flight Well-Being

8.1 To ensure your well-being in-flight we recommend that you consult your doctor before you travel if you have any concerns about any medical condition which might affect you during a flight.

8.2 Deep Vein Thrombosis has been identified in some studies as partially attributable to long periods of immobility. Should you have any concerns in this regard contact your doctor prior to any flight for more information.

8.3 If you are pregnant it is best to contact your doctor prior to travel, as in some instances medical clearance is required.

8.4 Should you require any special facilities in relation to a flight, due to a disability or otherwise, you must specify those requirements at the time of purchasing the ticket, as there may be restrictions applicable or extra charges incurred.

9. Travel Times

9.1 This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in carrier’s tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.

9.2 Industrial disputes, loading restrictions, unsuitable weather, technical problems and other operating restrictions or any event beyond the carrier’s reasonable control may necessitate cancellation or delay of transport or services, for which the carrier accepts no liability. The carrier also reserves the right to cancel bookings for other reasons.

Note: Weather Related Delays – In no circumstances will the Operator be liable for any costs or losses, consequential or otherwise, incurred as a result of any flights delayed, rescheduled or cancelled due to weather.

9.3 This Ticket covers the flight(s) for you and your allowed baggage from the airport of departure specified on the ticket to the airport of arrival specified on the ticket. Operators will use efforts to carry you and your allowed baggage in accordance with the date and time of the flight(s) specified on your ticket, but make no guarantee that it will be able to do so even if your reservation has been confirmed.

The Operator accepts no liability, costs or losses, consequential or otherwise, incurred as a result of any flight delays but will use every effort to carry you and your allowed baggage on the next available flight of the Operator.

9.4 Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for any delay or cancellation including making connections on other Carriers.

9.5 Subject to these Terms, Operators have no responsibility for consequential costs or losses resulting from diversion, substitution, alteration, cancellation or delay of transport or services or from loss or delay of baggage.

9.6 If Passengers are landed at a place other than the specified destination, the Carrier will make all reasonable efforts to transport them to that destination but with no obligations as to time, date or means of transport.

10. Compliance

10.1 Passengers must comply with all laws and regulations and with the instructions of the carrier and its representatives, including but not limited to those related to safety and security and behaviour that may adversely affect safety and security. Passengers must submit to reasonable searches of their persons and baggage by either staff of an Operator or other authorised persons. Failure to do so may result in refusal to allow you to board an aircraft or removal at any time after boarding.

10.2 If, in the opinion of a representative of the carrier, the Passenger is in breach of these Terms or under the influence of drugs or alcohol or is unfit to fly or it is necessary for the safety or comfort of the passenger or other passengers or for the protection of property, the Passenger may be denied boarding or be required to leave the aircraft or other means of transport, and may if necessary be physically removed or restrained.

11. Check In Times

11.1 Passengers must present themselves at the airport of departure in adequate time to complete the check-in formalities and to undertake all security screening procedures. The following times are the minimum necessary to ensure boarding of the flight:

  1. i. International flight 2 hours prior to scheduled departure time
  2. ii. Domestic flight 45 minutes prior to scheduled departure time

11.2 Passengers who attempt to check-in after the flight has closed, or with insufficient time to complete the required security, customs or immigration procedures will be not be accepted on that flight.

 

CARRIER RESERVES THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO IS OR HAS VIOLATED THESE CONDITIONS OF CARRIAGE, CARRIER’S TARIFFS, RULES OR REGULATIONS. Copyright © interCaribbean Airways Ltd.

Effective 11 JANUARY 2015