Fly Airlink - Freedom of the African Sky

Clause 1 –Definitions and interpretation

"We, us and our" means Airlink

"You, your and yourself"
means any person (whether adult, child or infant) presenting a Ticket to be carried by Airlink, except members of the crew. (Also see the definition of "Passenger").

"Airline Designator Code"
means the two character code which identifies individual airlines in tickets, timetables, reservation systems and elsewhere.

"Authorised Agent"
means a Passenger sales agent (which can include other airlines) appointed to represent us in the sale of carriage on our services.

"Baggage"
means your personal property accompanying you in connection with your trip. Unless we say otherwise, this consists of your "Checked Baggage" and "Unchecked Baggage".

"Baggage Tag"
means a document given to you to identify your Checked Baggage.

"Business Day" means any Day other than a Saturday, Sunday or South African public holiday.

"Checked Baggage" means Baggage we take into our custody for carriage in the hold of an aircraft for which we have issued a Baggage Tag to the Passenger.

"Check-in Deadline"
means the time limit we have set you for completing the process of checking-in formalities and receiving a boarding pass.

"Conditions of Carriage"
means this Conditions of Carriage contained herein or with the Ticket or itinerary/receipt.

"Conjunction Ticket"
means a Ticket issued to you in conjunction to another ticket which together constitute a single Contract of Carriage.

"Coupon"
means both a paper document marked "Flight Coupon" and an electronic coupon, each of which entitles the named Passenger to travel on the particular flight identified on it.

"Day"
means any of the seven (7) days of the week.

"Electronic Ticket"
means the electronic entries within our reservations database recording the carriage you have booked.

"e-Ticket Receipt/Itinerary"
means a document we issue when travelling on an Electronic Ticket that contains the Passenger’s name, flight information and notices and delivered to you by e-mail, by fax or by hand.

"Force Majeure"
means unusual and unforeseeable circumstances beyond your / our control and the consequences of which cannot be avoided even if all due care had been exercised.

"IATA"
means the International Air Transport Association.

"ICAO"
means the International Civil Aviation Organisation.

"Law"
means any applicable Law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment of legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law;

"Montreal Convention"
means the unification of certain rules relating to international carriage by air, signed at Montreal, 28 May 1999.

"Passenger"
means any person (whether adult, child or infant) entitled by a Ticket to carriage by Airlink (except members of crew).

"Passenger Coupon or Passenger Receipt"
means a document issued as part of your Ticket which ultimately must be retained by you when travelling on all flights.

"SDR"
means a Special Drawing Right, the composite unit of currency that is used as the official unit of exchange of the International Monetary Fund.

"Stopover"
means any place set out in your Ticket or shown in our timetables as a scheduled stop (regardless of duration) between the first place of departure and the last place of destination in your Ticket.

"Tariff"
means fares for carriage, charges and related Conditions of Carriage and Ticket restrictions filed, where required, with the appropriate authorities.

"Ticket"
means the paper document marked "Passenger Ticket" or the Electronic Ticket issued by us or on our behalf and includes the Conditions of Contract, notices and Coupons.

"Unchecked Baggage"
means your Baggage, other than your Checked Baggage, which is carried by you aboard the aircraft or by Skycheck.

"Warsaw Convention"
means international instruments of Law which apply to your carriage.

"Website"
means our internet website with the address www.flyairlink.com

Interpretation

We will use our best endeavours to make reasonable decisions about the interpretation of the applicable Laws, regulations, orders or governmental policy for the purposes of clauses 7.1 (our right to refuse carriage), and 11.1.1 (your conduct aboard aircraft). Such decisions may have to be made in circumstances where limited time is available and no proper opportunity exists to carry out any or sufficient enquiries. As a result, any such decision made by us will be final and binding on you even if subsequently proved to be incorrect, provided that at the time we made our decision we had reasonable grounds for believing that it was correct or reasonable in the circumstances.

Where we expressly state in this Conditions of Carriage that you must comply with applicable Law or applicable governmental, ICAO or IATA requirements, you are obliged to comply with such applicable Laws or requirements at all times, especially on the date or dates of your carriage.

All dates and periods of time referred to in this Conditions of Carriage will be ascertained in accordance with the Gregorian calendar.

The title of each clause of this Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.

Clause 2 - Applicability

2.1 Introduction

Airlink is a regional and privately owned airline that operates as a franchisee of South African Airways. Airlink, together with its partners, provide seamless interline connections between major city hubs and smaller towns.

The airline industry operates in a global environment with specific business processes and procedures which have been developed over the years to enable the industry to operate in a fair and efficient manner while having regards for the various factors and risks unique to the industry. Much of the business processes are captured in regulations, conventions and treaties that govern the industry.

Airlink adheres to all of the international regulations, conventions and treaties that govern the industry and where applicable to our Passengers, it is captured in this Conditions of Carriage.

2.2 General

2.2.1 This Conditions of Carriage form part of your contract of carriage with us and apply to the carriage we provide to you unless clause 2.3 provides otherwise.

2.2.2 This Conditions of Carriage apply to gratuitous and reduced fare carriage as well.

2.3 Code Share

On some services we have arrangements with other airlines known as code shares. This means that even if you have a reservation with us and hold a Ticket showing the "SA" airline designator code for one or more flights, another airline may operate the aircraft. If such arrangements apply to your carriage, the following conditions will apply -

2.3.1 We will advise you of the details of the other airline at the time of reservation with us;

2.3.2 This Conditions of Carriage will apply where we have a legal obligation towards you. The conditions of carriage of the operating carrier will however apply in all other respects, with the result that, for example, provisions relating to Baggage acceptance, check-in and boarding, refusal and limitation of carriage, conduct aboard aircraft, and schedules, delays and cancellation of flights may differ from this Conditions of Carriage and we request that you familiarise yourself with the conditions of carriage of the operating carrier, if applicable.

2.4 Overriding Law

This Conditions of Carriage are applicable unless they are inconsistent with applicable Law in which event such Law shall prevail.

Clause 3 - Tickets

3.1 General

3.1.1 We will only provide carriage to the Passenger named in the Ticket, provided that the Passenger produces a valid passport or South African identity document (applicable on flights operating within the borders of South Africa), as well as the credit or debit card with which an online reservation was made, if applicable. We will accept birth certificates as proof of identification for children who is not yet in receipt of identity documentation.

3.1.2 In the case of an Electronic Ticket, you are required to bring your e-Ticket Receipt/Itinerary to the airport as it may be necessary for you to present it to us and to airport immigration and security personnel.

3.1.3 You will not be entitled to be carried on a flight if the Ticket presented is mutilated, spoilt or tampered with, or altered.

3.1.4 For the purposes of the Warsaw Convention and the Montreal Convention, an e-Ticket Receipt/Itinerary is deemed to serve as a Passenger Ticket.

3.1.5 Your ticket is non-transferable.

3.1.6 Some Tickets are sold at special fares which may be partially or completely non-refundable. It is your responsibility to choose the fare best suited to your needs and ensure that you familiarise yourself with the terms and conditions of the Ticket.

You should ensure that you have appropriate insurance to cover instances where you are unable to make use of such a Ticket.

3.2 Period of validity

Unless it provides otherwise in the Ticket or in the Conditions of Carriage, a Ticket is valid for –

3.2.1 one (1) year from date of first travel in respect of international/regional travel; and

3.2.2 six (6) months from date of first travel in respect of travel within the borders of the Republic of South Africa.

Special fares may be valid for a shorter period than six (6) months or one (1) year and may be subject to minimum and maximum stay periods in terms of the fare rules applicable to the Ticket. Please ensure that you familiarise yourself with the terms and conditions of the Ticket.

3.3 Non-use of Ticket

3.3.1 In the event that, after you have begun your carriage, you are prevented from travelling within the period of validity by reason of illness, we may extend the period of validity of your fare until the date you become fit to travel, provided that that date falls within the validity of your Ticket as described in clause 3.2, subject to space available, for which the fare has been paid. Such illness must be attested to by a medical certificate.

In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you or refund you in full at your election.

3.3.2 In the event of the death in the immediate family of a Passenger who has commenced travel, the validity of the fare and those of the immediate family who are accompanying the Passenger may likewise be extended or refunded at your request, provided that the date falls within the validity of the Ticket as described in clause 3.2, subject to space available, for which the fare has been paid.

The extension or refund shall only be made upon receipt of a valid death certificate and the extension shall not be for a period longer than forty five (45) Days from the date of death.

3.3.3 In the event that you fail to present yourself at the prescribed times at either the check-in counter for the check-in procedure or at the boarding gate for the boarding procedure we reserve the right to consider you as a "no-show" and you will forfeit your Ticket for that applicable segment of your travel without the right to a refund.

3.4 Sequence of Ticket use

3.4.1 The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure to the destination. The fare you have paid is based upon our Tariff and is for the transportation shown on the Ticket. The Ticket will not be honoured and will lose its validity if the Coupons are not used in the sequence provided in the Ticket.

3.4.2 Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed.

3.4.3 Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practical and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.

3.4.4 Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will be obliged to pay the difference between the price and penalties, if applicable, and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower than the original price.

3.4.5 Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction of travel, can result in a change in price.

Most fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.

3.4.6 Each flight coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved.

3.4.7 Please be advised that in the event you do not show up for any flight without advising us in advance, we reserve the right to cancel your return or onward reservations.

3.5 Replacement of Tickets

3.5.1 In the event of loss or mutilation of a Ticket (or part of it) by you or non-presentation of a Ticket containing the Passenger coupon and all unused flight coupons, we will replace, at your request, such a Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original Ticket, which are necessarily and reasonably incurred by us or another carrier for misuse or fraud of the Ticket.

We will not claim reimbursement from you for any such losses which result from our own gross negligence. We do however reserve the right to charge an administration fee for this service which will be the prevailing fee at the time and duly communicated to you before the replacement of the Ticket.

3.5.2 Where such evidence is not available or you do not sign such an agreement, we will require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity.

3.5.3 A Ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.

Clause 4 - Fares, taxes, fees and charges

4.1 Fares

4.1.1 The fare paid for your Ticket covers carriage of you and your Baggage from the airport at the place of departure to the airport at the place of destination via specified Stopovers at the times and on the dates specified in the Ticket, unless we advise you otherwise for whatsoever reason.

4.1.2 The fare does not include ground transport services between airports or between airports and town terminals.

4.1.3 The fare for your Ticket has been calculated according to our Tariff as it applied on the date of payment for your Ticket.

4.2 Taxes, fees and charges

4.2.1 Before carriage, you will pay the total amount of all applicable taxes, fees and charges imposed on us by a government or other authority, or by the operator of an airport, which we are obliged to collect from you and pay in respect of your carriage.

4.2.2 When you purchase your Ticket all taxes, fees and charges not included in the fare will be disclosed separately on the Ticket.

4.2.3 Taxes, fees and charges imposed on air travel are not within our control; it is prescribed and can be imposed or changed after the date your Ticket has been purchased. If a tax, fee or charge is imposed or increased after your Ticket has been purchased, you are obliged to pay to us any such tax, fee or charge, or any such increase before carriage and at our request.

4.2.4 In the event that any tax, fee or charge is abolished or reduced and becomes no longer applicable to all or part of your carriage, a refund can be claimed.

4.3 Currency

Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued. Foreign currency converted to the currency of payment will be at the applicable Banker’s Selling Rate in effect on the date the payment is made.

Clause 5 - Reservations

5.1 Reservation requirements

5.1.1 Certain fares have conditions attached to them which limit or exclude your right to change or cancel reservations. It is your responsibility to familiarise yourself with the terms and conditions that apply to your fare and we accept no responsibility for your failure to do so.

5.1.2 You are obliged to inform us at the time of reservation if you have a medical condition which may require medical assistance or special assistance during embarkation, disembarkation or aboard the aircraft. Your reservation will be logged in our system as provisional and converted to a confirmed reservation by us once we are satisfied that you have received the medical clearance required and all conditions attached to such clearance have, or will be, complied with by you. We do however reserve the right to deny boarding to a Passenger in the interest of the safety of our Passengers. In such instances we will refund the denied Passenger in full.

5.1.3 Your reservation must be made through our call centre in accordance with the advance time limit of two (2) Business Days before flight departure, in the absence of which it may not be possible to accept the reservation due to a lack of time to complete the applicable medical clearance requirements.

5.1.4 Your reservation, Ticket and identification (passport or South African identification document) must all be in the same name and order of names and surname.

5.2 Ticketing time limit

5.2.1 Once you make a reservation, you or someone on your behalf must pay for the Ticket before the specified ticketing time as advised by us in the fare rules.

5.2.2 We reserve the right to cancel your reservation if you have not paid the applicable fare for the Ticket according to the Ticket time limit.

5.3 Personal information

5.3.1 You acknowledge that your personal information (including sensitive personal information) has been provided to us for the purposes of making a reservation, issuing a Ticket, a Boarding Pass and other ancillary services related to your Carriage, including, for example, provision of wheelchair assistance, facilitating immigration and entry procedures, facilitating security checks, dealing with customs control and making information available to government agencies in connection with your carriage (for example, security, customs or immigration where we are obliged by the applicable Law to do so).

5.3.2 Sensitive personal information, for example, information relating to your health or disabilities, religion, criminal record or otherwise may be processed by us in this process. You hereby acknowledge that, by providing us with the sensitive personal information, you provide your explicit consent to process the information and disclose it to third parties for the purposes disclosed in clause 5.3.1.

5.3.3 We may require the name and contact details of a third party whom we may contact in an emergency. It is your responsibility to ensure that the third party consents to the disclosure of the information provided for that purpose.

5.4 Seating

We will use reasonable care to meet advance seating requests, but cannot guarantee that you will be able to sit in any particular seat. We reserve the right to change your seating arrangements for a similar seat at any time, even after you have boarded the aircraft.

5.5 Aircraft

5.5.1 We will use our best endeavours to provide the aircraft specified in our timetable (or specified to you at the time of issue of your Ticket) for your carriage, but cannot guarantee that the particular aircraft will be used. We reserve the right to change the aircraft on which you will be carried, whether for operational, safety, security reasons or otherwise.

5.5.2 Occasionally, it may be required for whatever reason to temporarily supplement our fleet with aircraft operated for us by another airline. If this applies to any aircraft on which you are due to be carried by us, we will endeavour to inform you of the identity of the operator of the aircraft after which your will be obliged to familiarise yourself with the conditions of carriage of the aircraft operator.

5.6 Reconfirmation of flights

Please reconfirm all Airlink sectors two (2) Business Days prior to departure.

5.7 Cancellation of onward flights

5.7.1 Please be advised that if you do not present yourself for a flight without advising us in advance, we reserve the right to cancel your subsequent and onward flight reservations. On certain of our fare rules, the fare rule states that your Ticket will be forfeit if you do not present yourself for a flight, be it at the check-in counter or the boarding gate prior to departure. It is your responsibility to familiarise yourself with the terms and conditions of the fare and we do not accept any responsibility for your failure to do so.

Clause 6 – Check-in and boarding

6.1 You must present yourself for check-in at the designated check-in counter no later than the time stipulated below before the scheduled departure time of your flight as indicated on your Ticket

Domestic: one (1) hour and thirty (30) minutes

International/regional: two (2) hours

Flight Closures: For domestic flights, flight check-in closes thirty (30) minutes prior to the scheduled departure time and for international/regional flights fifty (50) minutes prior to scheduled departure time.

In the event that a Passenger fails to check in by the time specified, we reserve the right to cancel the reservation and the fare paid by the Passenger for the flight will be forfeited. We will not be liable for any loss or expense incurred due to your failure to comply with this provision.

Boarding Commences: For domestic flights, boarding commences thirty (30) minutes prior to the scheduled departure time and for international/regional flights forty (40) minutes prior to the scheduled departure time.

Boarding Gate Closures: For domestic flights, boarding closes fifteen (15) minutes prior to the scheduled departure time and for international/regional flights twenty (20) minutes prior to the scheduled departure time. You must be present at the boarding gate no later than the time specified on your boarding card. In the event that a Passenger fails to board by the time specified, we reserve the right to cancel the reservation and the fare paid by the Passenger for the flight will be forfeited. We will not be liable for any loss or expense incurred due to your failure to comply with this provision.

6.2 Notwithstanding the provisions of clause 6.1, check-in deadlines may be different at the airports and we recommend that you inform yourself about these check-in deadlines and honour them. Your journey will be more convenient if you allow yourself sufficient time to comply with the check-in deadlines.

6.3 We reserve the right to cancel your reservation if you do not comply with the check-in deadlines indicated. You should inform yourself of the check-in deadlines of the subsequent flights in your journey, if applicable. Check-in deadlines for our flights can be found in our timetable, or may be obtained from our website or our Authorised Agents.

6.4 You must personally be present at the check-in counter for the check-in procedure with your Checked Baggage and proof of identification as stipulated in these conditions. No third party check-in is allowed. You will not be accepted for carriage if you fail to personally present yourself for check-in.

Clause 7 - Refusals and limitation of carriage

7.1 Our right to refuse carriage

In our reasonable discretion, we may refuse to carry you and your Baggage if we have notified you in writing that we will not at any time after the date of such notice carry you and your Baggage on our flights. In this circumstance you will be entitled to a refund in full.

We may also refuse to carry you and your Baggage if one or more of the following have occurred or we reasonably believe may occur -

7.1.1 Such action as is necessary in order to comply with any applicable government Laws, regulations, and orders;

7.1.2 The carriage of you or your Baggage may endanger or affect the safety, health and/or materially affect the comfort of other Passengers and crew;

7.1.3 Your mental or physical state, including suspected impairment from alcohol or drugs, presents a hazard or risk to yourself, to Passengers, to crew, or to property;

7.1.4 You have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;

7.1.5 You have refused to submit to a security check;

7.1.6 You have not paid the applicable fare, taxes, fees or charges;

7.1.7 You do not meet the requirements in relation to your medical fitness to fly;

7.1.8 You present a Ticket that has been acquired unlawfully or by fraudulent means (for example stolen credit or debit card) in our reasonable opinion, or has been reported as being lost or stolen, is a counterfeit, forged or falsified or you cannot prove that you are the person named on the Ticket;

7.1.9 You have failed to comply with the requirements concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way, other than by us or our Authorised Agent, or the Ticket is mutilated;

7.1.10 You fail to observe our instructions with respect to safety or security;

7.1.11 You use threatening, abusive, insulting or indecent words or behaviour or manner to any person, including ground staff, members of crew or other Passengers prior to or during any of the operations of embarkation on your flight, or disembarkation from a connecting flight, or on board the aircraft before take-off;

7.1.12 You appear in our reasonable opinion, not to meet visa requirements or not to have valid or lawfully acquired travel documents or you have acquired them by fraudulent means or your destroy your travel documents aboard the aircraft or between the check-in and boarding, or you refuse to allow us to copy your travel documents, or you refuse to surrender your travel documents;

7.2 Reimbursement of costs

If you are refused carriage for any of the reasons set out above, you will be obliged to reimburse us for any costs we incur resulting from –

7.2.1 Repair or replacement of property lost, damaged or destroyed by you;

7.2.2 Compensation we have to pay to any Passenger or crew member affected by your actions;

7.2.3 Delaying the aircraft for the purpose of removing you and/or your Baggage; and

7.2.4 Any consequential costs or losses that we may incur as a result of your conduct or misconduct.

We reserve the right to apply towards such payment or expenditure the value of any unused carriage on your Ticket, or any of your funds in our possession.

7.3 Fitness to fly

7.3.1 Before boarding the aircraft for carriage you must be reasonably satisfied that you are medically fit to fly. If you have been advised that you are fit to fly, provided that certain precautions are taken (for example, use of medication) it is your responsibility to ensure that all such precautions are in fact taken before and after your flight (as the case may be) and that you will be able to produce any written evidence of your fitness to fly required by this Conditions of Carriage.

7.3.2 If any reasonable doubt exists about your fitness to fly, you may not be accepted for carriage unless you have produced to us no later than two (2) Days before the departure time a medical report from an appropriately qualified doctor, bearing a date no more than ten (10) Days before the flight date and time, which confirms your fitness to travel on all flights on which you intend to travel.

7.3.3 Permission to fly is required from our control office at least two (2) Business Days before your flight departure time (or such shorter period as we in our reasonable discretion may decide if it appears to us that you may have a disease which meets any of the following criteria -

7.3.3.1 Which is believed to be actively contagious or communicable and life threatening to other Passengers or crew; or

7.3.3.2 Which may cause or induce unusual behaviour, or a physical condition, which could have an adverse effect on the safety, welfare and/or comfort of other Passengers or crew members; or

7.3.3.3 Which is considered to be a potential hazard to the safety of the flight; or

7.3.3.4 Which may cause the flight to be diverted or perform an unscheduled stop

7.4 Carriage of pregnant Passengers and newborn children

7.4.1 In the event that you are pregnant, we will provide carriage to you as mentioned below, but only if you produce a medical report or letter, signed by an appropriately qualified doctor or midwife, stating your due date, and confirming that your pregnancy is uncomplicated. The report or letter should also advise us of the latest date up to which you are expected to be fit to travel.

In addition, you will require prior clearance from our medical department for travel as follows -

- up to thirty six (36) weeks for domestic travel; and

- up to thirty four (34) weeks for regional and/or international travel

7.4.2 Carriage of newborn infants will not be permitted until seven (7) Days after the date of birth of the newborn. The parents of newborn infants must present sufficient proof of parenthood at the check-in counter for the check-in procedure.

7.5 Special assistance

7.5.1 Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, and persons with illness or other people requiring special assistance is subject to prior arrangement with us.

7.5.2 Passengers with disabilities who have advised us of special requirements they may have at the time of ticketing, and accepted for carriage by us, shall not subsequently be refused carriage on the basis of such disability or special requirements, subject to the regulations or government regulations that may apply to the transport of such Passengers.

7.5.3 Special assistance Passengers may not be seated near an emergency exit.

7.6 Passenger reimbursement for medical expenses incurred by Airlink on their behalf

7.6.1 If you are taken ill aboard the aircraft or in the airport terminal building after the check-in procedure due to a pre-existing condition (regardless of whether or not you were aware of it) or due to your pregnancy and it is required from us to medically assist you for whatever reason, you will be obliged to refund us the cost of the medical expenses paid by us in treating you aboard the aircraft or in the airport terminal building, transporting you on the ground, and paying for treatment provided by a third party. We furthermore reserve the right to levy a reasonable administration fee on such services and/or medical assistance.

7.6.2 You will also be obliged to refund any costs we have incurred in diverting the aircraft to seek medical assistance if you have contravened Articles 7.3, or 7.4 or 7.5.

We reserve the right to apply towards payment due to us from you the value of any unused carriage on your Ticket or unused credits to your account with us or any of your funds in our possession.

7.7 Carriage of unaccompanied children

7.7.1 You will not be accepted for carriage if you are under five (5) years of age on the date the flight commences, unless you are accompanied by an escort aged sixteen (16) years or older. If you are under five (5) years of age, we can arrange for an escort, provided we receive at least one (1) Business Day notice prior to the flight departure time and an extra charge is paid for such escort by the parent / guardian.

7.7.2 If you are five (5) years of age, but under twelve (12) years of age on the date the flight commences, you will not be accepted for carriage unless the following conditions are met in full -

7.7.2.1 You are accompanied at the check-in counter for the check-in procedure by a parent, guardian or adult responsible for you who remains in the airport with an allocated member of our staff until you have boarded the aircraft and it has departed from the airport, and who can prove also to us that you will be met at the destination airport or Stopover airport by another parent, guardian or adult responsible for you (with full details of that person’s identity) and into whose custody you can be delivered.

7.7.2.2 You have a confirmed reservation for your flight and it is not reasonably anticipated by us that the flight will terminate at a place other than its destination or make an unexpected stop at any other place due to weather or other operational conditions.

7.8 On board services

All meal requests (on meal catered routes) must be ordered by no later than three (3) Business Days prior to the departure time, if possible. Meal selection are based on the following three choices –

KSML – Kosher meal

MOML –Halaal meal

VGML – Vegetarian meal

or the standard meal supplied on board.

For operational reasons, we do not guarantee the provision/availability of in-flight equipment, special meals or any other type of meals. We do not guarantee that special meals will always conform to its exact description since it has been prepared by third parties to our order.

We do not accept requests for nut free meals and we do not guarantee that the environment aboard our aircraft will be nut or nut produce free. It is your responsibility to take the necessary precautions in the event that you suffer from any nut related allergies or allergies of any nature whatsoever.

7.9 Ground services

We do not guarantee the provision/availability of equipment and services on the ground at airports including airport lounges. We do not guarantee that ground services will always conform to their exact description since some services are provided by third parties to our order.

7.10 Weight limitations

In the event that we reasonably believe that our aircraft weight limitation or seating capacity would otherwise be exceeded, we will decide within our reasonable discretion which Passengers and Baggage shall be carried in the interest of the safety of our Passengers.

Clause 8 - Baggage

8.1 General

8.1.1 It is the Passenger’s responsibility to ensure that your Baggage is adequately secured, insured and that all valuable items or important documentation are removed from your check-in n or sky check Baggage prior to the check-in procedure and/or departure.

Whilst we will make every attempt to ensure your Baggage is handled with care, we bring it to your attention that Baggage pilferage is a common problem in the international and local scheduled airline industry. Airlink’s liability for loss, delay or damage to Baggage is limited in terms of the applicable Convention; unless you declare a higher value for the Check-in Baggage in advance and the additional charges are duly paid.

8.1.2 The extent of airline liability is not based on the weight of the bag nor its value. Airlink does not accept liability for fragile, valuable, perishable articles or Baggage which are packed in damaged or unsuitable containers.

8.1.3 Airlink does not take responsibility for items that are valuable, perishable or fragile in Checked Baggage, hand luggage and sky check such as currency in any denomination, passports, personal computer equipment, electronic devices, mobile phones, business documents, jewellery, perfumes, medication, compact disks, DVD’s, cameras or any other item of value.

We recommend that you obtain adequate travel insurance cover prior to your journey.

8.1.4 To comply with health and safety requirements we can no longer accept any single item of Baggage that exceeds thirty two (32) kilogram in weight, except for musical instruments, electric wheelchairs, pets as Baggage, sporting equipment, television news cameras etc. This relates only to single items and does not affect the overall Baggage allowance as shown on the Ticket.

8.2 Free Baggage allowance

You may carry some Baggage free of extra charges as shown on your Ticket or e-Ticket Receipt/Itinerary.

For further information refer to "important information" on www.flyairlink.com for the current Baggage policy.

Cabin Baggage -

Economy and business class: one (1) item of no more than eight (8) kilogram of a total dimension of one hundred and fifteen (115) centimetres, measuring a maximum of fifty two (52) by forty (40) by twenty three (23) centimetres.

We reserve the right to weigh and measure your cabin Baggage and in the event that it exceeds the measurements above, accept it as Checked Baggage only. In the event that you do not concede to this, we will deny you and your Baggage carriage on the flight and the normal fare rules of the Ticket will apply.

Checked Baggage -

Economy class: twenty (20) kilogram

Business class: thirty (30) kilogram

The following exceptions applies for flights to Harare, Lusaka, Maputo, Bulawayo and Ndola via Johannesburg –

Economy class: thirty (30) kilogram

Business class: forty (40) kilogram

8.3 Excess Baggage

You will be obliged to pay an extra charge for carriage of Baggage in excess of your free Baggage allowance as follows -

8.3.1 Domestic within South Africa, checked Baggage and sporting equipment twenty six (26) South African Rand per kilogram plus VAT; and

8.3.2 Regional / International, 1.5% of the highest Airlink one-way economy class fare for adults.

8.4 Items not allowed in your Baggage

8.4.1 There are certain items which you may not include in your Baggage. It is your responsibility to familiarise yourself with the applicable rules regarding Baggage. If you fail to comply with any of the applicable rules you and/or your Baggage will be refused carriage and the fare rules applicable to your Ticket will apply.

In addition, you will not be entitled to claim compensation if any prohibited item wrongfully included in Baggage sustains damage or causes damage to your Baggage.

8.4.2 You may not include any of the following items in your Unchecked Baggage or your Checked Baggage -

8.4.2.1 Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations, and in our related regulations. If you are not familiar with those rules and regulations, please consult with us;

8.4.2.2. Items which are prohibited from being carried by applicable Laws, regulations, orders or governmental policy of any state to be flown from or to;

8.4.2.3 Items which are reasonably considered by us to be unsuitable for carriage because they are dangerous or unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, for example, the type of aircraft being used. Please consult with us about any concerns you may have about the suitability of your Baggage before you arrive at the airport;

8.4.2.4 Items attracting any form of duty if you are travelling as an unaccompanied child under the age of sixteen (16); or

8.4.2.5 War material. Please ask us if you have any doubt about whether any item constitutes war material.

8.4.3 You may not include in Checked Baggage fragile or perishable items, valuable items (including, for example, money, jewellery, precious metals), computers, personal electronic devices, stored data, any medication or medical equipment which may be required in-flight or during your trip or which cannot be quickly replaced if lost or damaged, house or car keys, valuable documents (including, for example, business documents, passports and other identification documents, negotiable papers, securities deeds) or samples.

8.4.4 You may not include in your Unchecked Baggage -

8.4.4.1 Real, replica or toy weapons, arms and ammunition, explosives or anything containing explosives (for example, Christmas crackers, fireworks or fire crackers) and incendiary materials, knives of any kind/type/shape or size, letter openers, metal cutlery, catapults, slingshots, razor blades and straight razor blades (excluding safety razors and accompanying cartridge blades), tradesmen’s tools, darts, scissors, nail files, hypodermic needles and syringes (unless required for medical reasons and accompanied by a medical certificate confirming the medical condition necessitating carriage), knitting needles, corkscrews, sporting bats and clubs (including, for example, baseball and softball bats, golf clubs, cricket bats but excluding tennis, badminton and squash racquets), hard sporting balls (including, for example, cricket, field, hockey or billiard, snooker or pool balls), billiard, snooker or pool cues, martial arts devices and mechanical car parts;

8.4.4.2 Any article which in our reasonable opinion or the reasonable opinion of airport security personnel, may be used as, or adapted for use as, a weapon with the potential to cause injury or incapacitation or to represent any other security or safety threat;

8.4.5 If an item of Unchecked Baggage becomes Checked Baggage (whether at your request or because we require it), you must immediately remove from it all items which are prohibited from inclusion in Checked Baggage;

8.4.6 We are not responsible for any item removed from your Checked Baggage or Unchecked Baggage and retained by airport security personnel. It is your responsibility to check the security requirements applicable to your flight and departure airport prior to travel and, if personal items are removed from your Baggage by airport security personnel, it is your responsibility to ensure that you obtain a receipt from the airport security personnel and make arrangements for collection of such items.

8.5 Firearms and dangerous items

8.5.1 As of 1 November 2007, no hand weapons (small-arms, handguns i.e. pistols/revolvers) will be accepted or may be transported on an Airlink aircraft.

8.5.2 From 1 November 2007, rifles and shotguns will be transported to and from the following destinations only -
- OR Tambo International, Johannesburg;
- Cape Town;
- Durban;
- Port Elizabeth;
- East London;
- Bloemfontein;
- Polokwane;
- Phalaborwa;
- Pietermaritzburg;
- Kruger Mpumalanga International Airport, Nelspruit;
- Upington;
- Kimberley (R200 for loading and R200 off loading per hunting rifle and shotgun) no fee to be paid for service at CPT, only in
   Kimberley, arrangement between South African Express and private person;
- Bulawayo;
- Harare;
- Lusaka;
- Ndola;
- Maputo;
- Beira;
- Pemba;
- Antananarivo;
- Manzini;
- Maseru;
- Tete;
- Nampula;

If you wish to carry rifles and shotguns as Checked Baggage it is your responsibility to inform yourself of, and ensure that you have obtained, all required clearances from the government authorities of the country of departure and the country of destination and have notified us by at least three (3) Business Days before commencing your carriage.

8.5.2 Rifles and shotguns will not be accepted as Checked Baggage, unless approved by us no less than three (3) Days before your flight. Rifles must be unloaded with the safety catch on, and suitably packed and accompanied by all documents legally required by the countries of departure, destination and any stopovers. Only five (5) kilogram of ammunition is allowed per Passenger. Ammunition will never be carried in the cabin or flight deck of the aircraft. Ammunition must be packed separately and securely from the fire-arm case.

8.5.3 Weapons such as, for example, antique firearms, swords, knives, toy or replica guns, bows and arrows and similar items may be accepted as Checked Baggage only at our discretion, subject to prior approval by us, but will not be permitted in the cabin or flight deck of the aircraft.

8.5.4 We will have no liability or responsibility where any item accepted under clauses 8.5.2 and/or 8.5.3 is removed from your Checked Baggage and/or retained or destroyed by security personnel, government officials, airport officials, police or military officials or other airlines involved in your carriage.

8.6 Right to refuse carriage of Baggage

8.6.1 We reserve the right to refuse to carry Baggage which contains any of the items described in clause 8.4.2 (and clause 8.4.4 in the case of Unchecked Baggage only), regardless of whether and when we are informed or discover the presence of any such items.

8.6.2 We reserve the right to refuse to accept Baggage for carriage if we reasonably consider that it is unsuitable for carriage, whether because of its size, shape, appearance, weight, content, character, or for safety or operational reasons, or for the comfort of other Passengers. If you have any doubt about particular items, please request guidance from us or our Authorised Agents.

8.6.3 We reserve the right to refuse to accept Baggage for carriage if we reasonably believe that it is not properly and securely packed in suitable containers. In the event that you have any doubt about the suitability of containers used for Baggage, please request guidance from us or our Authorised Agents.

8.7 Right to search, screen and x-ray Baggage

8.7.1 For reasons of safety, health and security, and to check that you are not carrying any items prohibited by this Conditions of Carriage in your Baggage; we reserve the right to search, screen and x-ray your Baggage. We endeavour to search your Baggage while you are present, but if you are not readily available, we reserve the right to search it in your absence. In the event that you do not allow us to conduct all such searches, scans and x-rays, we reserve the right to refuse carriage to you and your Baggage.

8.7.2 You are obliged to allow security checks of your Baggage by government officials, airport officials, police or military officials and other airlines involved in your carriage.

8.7.3 If a search, screen or x-ray causes damage to your Baggage, we will not be liable for the damage unless it can be reasonably proved that it was caused solely by our gross negligence or wilful misconduct.

8.7.4 Please note that the security authorities of some countries require that Checked Baggage is secured in such a manner that it can be opened without the possibility of causing damage in the absence of the Passenger. It is your responsibility to make yourself aware of and comply with any such requirements.

8.8 Checked Baggage

8.8.1 Please fasten a tag, or secure a sticker or a business card with your name, full address and a telephone number at which we can contact you.

8.8.2 When you check in Checked Baggage, we will attach a Baggage Identification tag for each piece of your Checked Baggage to your boarding pass.

8.8.3 Checked Baggage will normally be carried on the same aircraft as you, but it may be necessary for it to be carried on another aircraft on a different flight (for example, for safety, health, security, operational reasons, or due to the size or weight of the Checked Baggage, or non-compliance with relevant parts of this Conditions of Carriage).

8.8.4 In the event that your Checked Baggage cannot be carried on the same aircraft as you for reasons outside of our control, you will have the option to cancel your reservation and either be entitled to a refund or rebook your flight at a later date and/or time. In the event that you decide to travel without your Checked Baggage we will have no further liability towards you, subject to the provisions of clause 8.8.6.

8.8.5 In the event that your Checked Baggage cannot be carried on the same aircraft as you for reasons within our control, except for the provisions of clause 8.6, you will have the option to cancel your reservation and either be entitled to a refund or rebook your flight at a later date and/or time. In the event that you decide to travel without your Checked Baggage we will be obliged to pay you a "first need" allowance of R350 (three hundred and fifty rand) per day after 12 (twelve) hours until you are in possession of your Checked Baggage, but limited to 5 (five) days, subject to the provisions of clause 8.8.6.

8.8.6 In the event that we carry your Checked Baggage on another flight, we endeavour to deliver it (provided it wasn’t excess, or misconnection due to insufficient connecting time for transfer of Baggage or due to insufficient connecting time) to the address you have provided, provided that the address is within the municipal boundaries of the airport of destination, unless the Law at the place of collection requires you to be present at the airport of arrival for customs clearance or the reason for carriage on another aircraft related to the size or weight of the Checked Baggage or non-compliance with relevant parts of this Conditions of Carriage. In the event that the address you provide falls outside of the municipal boundary of the airport of destination, you will be obliged to collect your Checked Baggage from the airport.

8.8.7 Unless we decide that your Checked Baggage will not be carried on the same flight as you, we will not carry your Checked Baggage if you fail to board the aircraft on which it is loaded or, having boarded, you leave the aircraft before take-off or at a point of transit, without re-boarding.

8.8.8 We will only carry your excess Baggage on the same flight as you if there is suitable space available on the aircraft and you have paid the applicable extra charge for carriage of Baggage in excess of your free Baggage allowance.

8.8.9 You must ensure that your Checked Baggage is sufficiently robust and well secured to withstand the usual and normal rigours of carriage by air without sustaining damage (except for fair wear and tear).

8.8.10 For handling purposes, no suitcase may weigh more than thirty two (32) kilogram. Baggage weighing more than thirty two (32) kilogram will not be accepted for carriage unless the additional weight is carried in a separate bag or suitable container.

8.9 Unchecked Baggage

8.9.1 Each Passenger (except infants not occupying a seat) is entitled to carry one bag in the cabin with total dimensions of one hundred and fifteen (115) centimetres and eight (8)kilogram weight, measuring a maximum of fifty two (52) by forty (40) by twenty three (23) centimetres. All Unchecked Baggage must be small enough to fit under the seat in front of you or inside the overhead storage compartments in the cabin of the aircraft.

In the event that your Unchecked Baggage is too big to be stored in this way, or is of excessive weight or considered unsafe for any reason, you must check it in for carriage as Checked Baggage and pay any excess Baggage charges in the event that your free Baggage allowance has already been used up by other Checked Baggage.

8.9.2 If you have a highly valuable item, a musical instrument or diplomatic bag which you wish to carry with as Unchecked Baggage but it exceeds our size or weight limitations, you must purchase one or more additional seats (subject to availability) for the purpose of storing such permitted item next to you during the flight. We will not carry as Unchecked Baggage any other type of item which exceeds our size or weight limitations.

8.10 Collection and delivery of Checked Baggage

8.10.1 Unless clause 8.8.3 requires us to deliver your Checked Baggage to you, you must collect your Checked Baggage as soon as it is made available at your destination or Stopover. If you do not collect it within a reasonable time, we reserve the right to charge you a storage fee. In the event that your Checked Baggage remains unclaimed for three (3) months after it is made available at your destination or Stopover, we reserve the right to dispose of it and retain any proceeds of the disposal for our benefit without notice or liability to you.

8.10.2 Only the person holding the Baggage Identification Tag may claim a piece of Checked Baggage. We accept no responsibility for checking the identity or authority of the person holding the Baggage Identification Tag or for checking that he/she has any right to collection.

8.10.3 In the event that the person claiming a piece of Checked Baggage cannot produce the required Baggage Identification Tag, that person must prove that the Baggage is his or hers before we will allow collection. We accept no responsibility for making anything other than limited enquiries of the person claiming the Baggage when assessing the right to collection.

8.11 Animals

We will not accept an animal for carriage unless you have applied for, and obtained, our prior approval and you meet all of the following conditions and our applicable regulations -

8.11.1 The animal must be properly crated (with necessary supplies of food and water) by you in a suitable container for carriage in the cargo hold of an aircraft in accordance with all applicable legal requirements;

8.11.2 The animal is accompanied by, and we are shown, valid health and vaccination certificates, entry permits, transit permits, exit permits and other documents required by countries of departure, entry or transit;

8.11.3 You have paid the charges applicable to containers with animals inside, unless the animal is a service animal;

8.11.4 We will not be responsible for its loss, injury, sickness or death unless caused solely by our gross negligence and/or wilful misconduct which must be reasonably proved.

8.11.5 In the event that an animal is carried by us without being accompanied by all the certificates and permits required we will have no liability to you for any loss you may suffer and you will pay or reimburse us (on request) for any fines, costs, losses or liabilities imposed on or incurred by us as a result of the absence of one or more required certificates or permits.

8.12

Airlink provides a special Skycheck facility in the interests of in-flight comfort and speedy boarding and departure procedures. When you board a flight, simply place the hand-luggage you won’t need during the flight on the Skycheck cart next to the boarding steps. Your hand-luggage will be waiting for you on the Skycheck cart as you disembark from the aircraft at your destination.

It is your responsibility to ensure that the Baggage placed on the Skycheck cart is adequately secured and insured. Please ensure that you have removed all valuable items from your Baggage prior to placing it on the Skycheck cart.

Airlink will not be liable for damages or losses in respect of valuable, fragile or perishable articles contained in checked-in or hand-luggage. Valuable items not limited to, including cameras and accessories, computers (including laptops and notebooks), mobile telephones, perfumes, aftershaves and colognes, legal and company documents, legal tender (including cash, cards and cheques), bullion, leather jackets, all types of jewellery and other individual items.

Clause 9 – Flight schedules

9.1 General

9.1.1 While we will use our best endeavours to provide the service as indicated in the timetable. The timetable may be subject to change due to safety and operational reasons. The flight times and flight durations shown in our timetables may change between the date of publication (or issue) and the date you actually travel. We do not guarantee flight times and flight durations.

9.1.2 Before we accept your booking, we or our Authorised Agent will inform you about the departure time of your flight and it will be displayed on your Ticket or e-Ticket Receipt/Itinerary. We may need to change the departure time of your flight time and/or the departure or destination airport after your Ticket or e-Ticket Receipt/Itinerary has been issued. It is your responsibility to give us or our Authorised Agent your complete and accurate contact information so that we or the Authorised Agent can try to notify you of any such change.

In the event that the flight schedule change is not acceptable to you, and we are unable to reserve space for you in your ticketed class of service on an alternative flight which is acceptable to you, you will be entitled to an involuntary refund in accordance with clause 10.2. Apart from this, we will have no liability to you for any loss or expense whatsoever.

9.2 Remedies for cancellation, rerouting and delays for technical or operational delays caused by Airlink

9.2.1 It may happen that delays in departure times and the time taken for an aircraft to fly to a destination occur because of circumstances beyond our control (for example, air traffic control delays or strikes). We will take all reasonable measures necessary to avoid delay in carrying you and your Baggage. These measures may include using an alternative aircraft or arranging for a flight to be operated for us by an alternative airline.

9.2.2 You will be entitled to choose one of the following three (3) available remedies in the event of a schedule change as a result of technical or operational reasons and we -

- fail to stop at your destination, or;

- or cause you to miss a connecting flight (through-confirmed flight must reflect on one Ticket) with us or with another airline for which you hold a through confirmed Ticket (with a planned connection time of twenty four (24) hours or less) and adequate time existed to make the connection after the scheduled time of arrival of your flight.

9.2.2.1 Remedy One - we will carry you as soon as operationally possible on another of our flights on which space is available and, where necessary, extend the period of validity of your Ticket to cover that carriage In the event that you accept this remedy you will have no further claims against us whatsoever.

9.2.2.2 Remedy Two - we will re-route you under comparable transport conditions to the destination shown on your Ticket on another flight or on the flight of another airline, or by other mutually agreed means. Should there be no reasonable flight available to get you to your ticketed destination, we will re-route you to the closest possible alternative destination in agreement with you. Any ground services from there will be for the Passenger’s expense (this should be claimed from your travel insurance). In the event that you accept this remedy it is your responsibility to familiarise yourself with the alternative carrier’s conditions of carriage and you will have no further claims against us whatsoever.

9.2.2.3 Remedy Three - we will give you an involuntary refund in accordance with clause 10.2. In the event that you accept this remedy, you will have no further claims against us whatsoever. Where a flight has been cancelled or is subject to a long delay exceeding two (2) hours, Passengers are entitled to receive refreshments (excluding alcohol) from us. Should you have to overnight due to any of the above we will also offer you suitable hotel accommodation for the first twenty four (24) hours and transport between the airport and place of accommodation. Airlink is not obliged to cover any customer expenses that arise as a result of the above.

9.3 Weather delays

9.3.1 There may be times when we will experience uncontrollable delays caused by adverse weather conditions which are unavoidable. In the interest of the safety of our Passengers a flight will either be cancelled, return to the airport of departure or divert to another destination. Airlink is not obliged to cover any customer expenses that may arise as a result of the delay or disruption due to weather.

9.3.2 Airlink does not assume liability for any connections. Neither will we be held liable for any hotel, meals or surface transport costs arising there from. The same applies to a flight having to divert back to base of origin. Should the flight be cancelled, we will endeavour to assist you on a later flight, but subject to availability.

9.3.3 In the event of a flight being cancelled or diverted as a result of adverse weather conditions we will offer you a choice between making an alternative reservation within the validity of the Ticket or a full refund, less a reasonable administrative charge prevailing at the time of the refund.

9.4 Denied boarding

9.4.1 In the event that we cannot provide you with carriage on a flight for which you have a confirmed reservation and you have met all applicable check-in and boarding deadlines, we will carry you on another of our flights. We shall provide compensation to those Passengers denied boarding in accordance with our denied boarding policy.

9.4.2 Alternatively, you may choose to receive an involuntary refund in accordance with clause 10.2. This clause will not apply if we refuse to carry you for reasons permitted by this Conditions of Carriage.

9.4.3 Apart from your rights under this clause, we will have no liability to you for any loss or expense whatsoever.

Clause 10 - Refunds

10.1 General

10.1.1 We will refund the fare paid for your Ticket, or any unused part of it, together with applicable taxes, fees, charges and exceptional surcharges in accordance with the applicable fare rules.

10.1.2 Unless we advise otherwise, we will make a refund only to the person who has paid for the Ticket, provided we are provided proof of identification and payment.

10.1.3 Unless the claim for a refund concerns a lost Ticket, we will remit a refund only if you provide us with your Ticket and all unused Flight Coupons and the Passenger Coupon. This requirement will not apply where your ticket is an Electronic Ticket.

10.2 Involuntary refunds

10.2.1 Fare refunds will be calculated according to this clause 10.2.1 if we cancel a flight, fail to operate a flight reasonably according to the flight schedule, or fail to carry you on a flight for which you have a confirmed reservation and have met the applicable check-in deadline and boarding deadline and you have not been refused carriage for reasons permitted by this Conditions of Carriage.

The same method of calculation will apply if we fail to stop at your destination or Stopover, or cause you to miss a connecting flight in circumstances where you hold a confirmed reservation and adequate time existed to make the connection between the originally scheduled time of arrival of your flight and the departure time of the connecting flight.

In all of those situations, the refund will be -

An amount equal to the fare paid (including taxes, fees, charges and exceptional circumstances surcharges paid) if no portion of the Ticket has been used; or

If a portion of the ticket has been used, an amount equal to the difference between the fare paid (including taxes, fees, charges and exceptional circumstances surcharges paid) and the correct fare (including taxes, fees, charges and exceptional circumstances surcharges) for travel between the points for which you have used your Ticket.

10.2.2 We will pay a refund according to clause 10.2.1 if we refuse you carriage for any of the reasons set out in clause 7.1, except that you will not be entitled to any refund for the flight for which you were refused carriage. Apart from this, we will have no liability to you for any loss or expense whatsoever.

Also see clause 7.2 which permits us to use the value of any unused carriage on your Ticket to reimburse costs payable by you.

10.2.3 We will pay a refund according to clause 10.2.1 if we terminate your carriage for any of the reasons set out in clause 11 (unacceptable behaviour aboard aircraft) before it is completed, except that you will not be entitled to any refund for the flight during which the unacceptable behaviour occurred. Apart from this, we will have no liability to you for any loss or expense whatsoever. Also see clause 11.4, which reserves our right to use the value of any unused carriage on your Ticket to pay sums due to us from you due to your unacceptable behaviour aboard an aircraft.

10.3 Voluntary refunds

10.3.1 In the event that a refund of the fare for your Ticket is due for reasons other than those set out in clause 10.2, the refund will be calculated as -

10.3.1.1 an amount equal to the fare paid (including taxes, fees, charges and exceptional circumstances surcharges paid) less any applicable cancellation fees if no portion of the Ticket has been used, less a reasonable administration fee prevailing at the time of the refund, if your Ticket is subject to restrictions; or

10.3.1.2 if a portion of the Ticket has been used, an amount equal to the difference between the fare paid (including taxes, fees, charges and exceptional circumstances surcharges paid) and the correct fare (including taxes, fees, charges and exceptional circumstances surcharges) for travel between the points for which the Ticket has been used, less any applicable cancellation fees, less a reasonable administration fee prevailing at the time of the refund, if your Ticket is subject to restrictions.

10.4 Refund on lost Ticket

10.4.1 In the event that you lose your Ticket or part of it and provide us with satisfactory proof of that loss and pay any applicable administration fee(s), we will refund you as soon as possible after the validity period of the Ticket expires or six (6) months, whichever is the later, but only if -

10.4.1.1 the lost Ticket, or part of it, has not been used, previously refunded or replaced, unless the use, refund or replacement by or to someone else resulted from our own gross negligence; and

10.4.1.2 the person to whom the refund is made agrees (by signing an agreement with us) to repay to us the amount of the refund and reimburse us our legal costs and expenses of locating and notifying you and enforcing the agreement, if we discover fraud or use of the lost Ticket (or part of it) by you or someone else. This will not apply if any fraud or use by someone else resulted from our gross negligence.

10.5 Right to refuse refund

10.5.1 We reserve the right not to refund a Ticket if an application for the refund is made more than one (1) year from the date of issue of the original Ticket.

10.5.2 We reserve the right not to refund a Ticket if, when you arrive in a country and present the Ticket to us or to government officials as evidence of your future intention to depart from that country, unless you can provide prove that you have permission to remain in the country or that you will leave the country on another airline or by another means of transport.

10.5.3 We reserve the right not to refund a Ticket if it has been stamped by a governmental organisation as "Not to be Refunded" or if the Ticket is a replacement for a lost or mutilated Ticket which was stamped as "Not to be Refunded" by a governmental organisation, unless you can provide prove that you have permission of that governmental organisation to receive a refund.

10.5.4 We reserve the right not to refund a Ticket for any flight on which you have been refused carriage (for any of the reasons set out in clause 7.1) or from which you have been removed (for any of the reasons set out in clause 11).

10.6 Currency

We will remit refunds in the same form and currency that was used to pay for your Ticket.

10.7 By whom Ticket refundable

We will only refund a Ticket if we or our Authorised Agents issued the Ticket.

Clause 11 - Conduct aboard aircraft

11.1 General

At all times during your carriage, you have a duty to behave in a manner which is not likely to -

11.1.1 contravene the Laws of any country and/or state which has jurisdiction over the aircraft;

11.1.2 endanger, threaten (whether by hoax threats or otherwise), injure or prejudice or any person or property or create the risk or threat of injury or damage to health;

11.1.4 cause distress to, or be complained of as materially objectionable to, other persons aboard the aircraft, such conduct includes, for example, harassment, molestation, sexual assault or abuse;

11.1.5 cause, or be likely to cause, loss of or damage to our property or that of other persons aboard the aircraft;

11.1.6 obstruct, hinder or interfere with the crew in the performance of their duties;

11.1.7 contravene any instruction or direction of the crew or the airline (whether oral or by notice) lawfully issued for the purpose of the safety or security of the aircraft and of persons or property and/or the comfort or convenience of Passengers, including, instructions concerning safety, security, seating, seat belts, smoking, consumption of alcohol or use of drugs, use of electronic equipment including, but not limited to, cellular telephones, laptop computers, PDAs, portable recorders, portable radios, compact disks, DVD and MP3 players, electronic games or transmitting devices (for example, radio controlled toys and two way radios).

Please see clause 18 concerning decisions we make about the application of clause 11.1 to you.

11.2 On board alcohol

You are not allowed to consume alcohol aboard an aircraft (whether purchased as duty free from us or someone else or otherwise obtained) unless it has been served to you by us. We have the right, at any time for any reason, to refuse to serve alcohol or to withdraw alcohol which has been served to any Passenger in the interest of safety and the comfort of our Passengers.

11.3 Smoking policy

Smoking is not permitted on any of our flights. No electronic cigarettes are permitted during any of our flights.

11.4 Breach of duty

If we reasonably believe that you have failed to fully observe all of the duties placed on you by clause 11 11.1 to 11.3 -

11.4.1 we reserve the right to report the matter to any relevant police or other enforcement authority; and

11.4.2 we reserve the right to take such measures as we consider necessary to prevent the continuation or repetition of the offending conduct including, for example, physical restraint and/or removal of you from the aircraft and/or refusal to carry you after a stopover (whether made for the purpose of removing you from the aircraft or otherwise); and

11.4.3 we reserve the right to refuse to carry you at any time in the future; and

11.4.4 you will reimburse us for any costs we incur in order to: (i) repair or replace property lost, damaged or destroyed by you; (ii) compensate any Passenger or crew member affected by your actions; and (iii) divert the aircraft for the purpose of removing you from the aircraft. We reserve the right to use the value of any unused carriage on your Ticket or any of your funds in our possession to pay sums due to us from you.

Clause 12 - Services provided by third parties

12.1 In the event that we arrange for another company to provide you with surface carriage or other services (for example, ground transfer, hotel reservation or accommodation or car rental) or if we issue you with a ticket or voucher relating to any such surface carriage or other services for your convenience, we are acting only as your agent in making those arrangements or issuing the ticket or voucher. The terms and conditions of the companies providing those services will apply to you and we do not guarantee the quality and/or safety of such service on the companies’ behalf.

12.2 We will have no liability to you regarding any surface carriage or other services that we arrange for you, in our capacity as your agent in making those arrangements, which are to be provided by another company unless caused solely by our gross negligence. You will have the right to refuse the use of such third party services and we will not accept any liability as a result of your decision/

Please see clauses 7.8 and 7.9 for other provisions concerning services provided by third parties.

Clause 13 - Travel documents, customs and security inspections

13.1 General

13.1.1 You are responsible for obtaining and holding all of the travel documents you need for the countries you plan to visit (even as a transit Passenger).

13.1.2 You are obliged to obey all Laws, regulations, orders, and other requirements of all the countries that you will exit, enter, or through which you will transit during your journey.

13.1.3 For details of required travel documents, we advise you to contact the embassy, consulate or other relevant body of all relevant countries prior to making your reservation and at the time of making your reservation.

If you are not travelling immediately, we advise you to contact the same bodies again before you commence travel to ensure that the requirements which are applicable to you have not changed and that your travel documents remain valid for all flights, destinations and planned Stopovers.

13.1.4 At our request at any time before or during your carriage, you are obliged to present to us all passports, visas, health certificates and other travel documents needed for your journey, permit us to take photocopies of those documents or deposit those documents with a member of our flight crew aboard your aircraft for safe keeping during a flight against issue to you of a receipt.

13.1.5 We will not be liable to you if you do not have all passports, visas, health certificates and other travel documents needed for your journey or if any of those documents are out of date or if you have not obeyed all Laws, regulations, orders, and other requirements of all countries you will exit, enter, or through which you will transit during your journey.

13.1.6 We will not accept you or your Baggage for carriage if your visas or travel documents do not appear to be in order or if you have not complied with the other requirements of this clause 13.1.

We reserve the right to refuse carriage even if you have started or completed part of your carriage before if we have reasonable cause to believe (whether as a result of operation of clause 13.1.4 or otherwise) that you have not complied with clause 13.1.

13.2 Refusal of entry

If you are refused entry to a country (including a country you transit through while en route to your destination), you will be obliged to reimburse us in full on request for any fine, penalty or charge assessed against us by the government concerned (including detention costs) as well as the fare for transporting you, and an escort if required, from that country. We will not refund the fare paid for carriage to the airport where you were refused entry.

13.3 Passenger responsible for fines, detention costs and other charges

At our request, you will be obliged to reimburse us in full for the amount of any fine, penalty, detention costs, deportation or removal expenses, escorting charges (if any), cost of Ticket(s) issued for you, or any other expenditure we incur because you have failed to comply with any Laws, regulations, orders or other travel requirements of the country you have travelled to or because you have failed to produce the required travel documents on seeking entry to a country or you have been refused admission into the country.

We reserve the right to use the value of any unused carriage on your Ticket or any of your funds in our possession to pay sums due to us from you.

13.4 Return of confiscated travel documents

We will not be liable to you for the return of any of your travel documents, identification documents or Tickets confiscated by a governmental or other authority.

13.5 Custom inspection

If required, you will attend inspection of your Baggage by customs or other government officials. We will not be liable to you for damage suffered by you in the course of such inspection or as a result of your failure to attend.

13.6 Security inspection

You are obliged to allow security checks, searches and scans of your person by us, our handling agents, government officials, airport officials, police or military officials and other airlines involved in your carriage.

If you do not allow all such security checks, searches and scans to be conducted, we will refuse to carry you and your Baggage and the applicable fare rules of your Ticket will apply.

Please see clause 8.6 for security checks on your Baggage.

Clause 14 - Successive airlines

Where your carriage is to be performed by us and other airlines in succession under one Ticket, or a Conjunction Ticket, it is likely to be regarded as a single operation for the purposes of the Warsaw Convention and the Montreal Convention.

Please see clause 15.2 for limitations of our liability for such carriage.

Clause 15 - Liability for damage

15.1 General

Our liability will be determined by the applicable Law and this Conditions of Carriage. Where other airlines are involved in your journey, their liability will be governed by the applicable Law and, unless this Conditions of Carriage state otherwise, their conditions of carriage.

Applicable Law may comprise the Warsaw Convention or the Montreal Convention and/or Laws which apply in individual countries.

The Warsaw Convention and the Montreal Convention apply to international carriage as defined in those Conventions. Provisions concerning our liability are set out in clauses 15.2 to 15.6.

Please find the copies of the Warsaw Convention and Montreal Convention here for your convenience.

15.2 Scope of liability

We will only be liable for damage occurring during carriage performed by us, or in relation to which we have a legal liability to you.

Where we issue a Ticket for carriage by another airline, or we check-in your Baggage for carriage by another airline, we do so only as agent for that airline.

15.3 General limitation

15.3.1 Wherever the Warsaw Convention or the Montreal Convention applies to your carriage, our liability will be subject to the rules and limitations of the applicable Convention.

15.3.2 We will be wholly or partly exonerated from liability to you for damage if we prove that the damage was caused or contributed to by your negligence or other wrongful act or omission.

15.3.3 We will not be liable for any damage arising from our compliance with applicable local Law or government rules and regulations or from your failure to comply with the same, except as may be provided by the Warsaw Convention or the Montreal Convention.

15.3.4 Except where we provide otherwise in this Conditions of Carriage, we may be liable to you only for compensatory damages you are entitled to recover for proven losses and costs under the Warsaw Convention or the Montreal Convention or local Laws which may apply.

15.3.5 Your contract of carriage with us (including this Conditions of Carriage and all applicable exclusions and limits of liability) applies for the benefit of our Authorised Agents, servants, employees and representatives to the same extent as they apply to us.

As a result, the total amount recoverable from us and our Authorised Agents, servants, employees and representatives will not be more than our own liability, if any.

15.3.7 Nothing in this Conditions of Carriage -

15.3.7.1 gives up or waives any exclusion or limitation of our liability available under the Warsaw Convention, or the Montreal Convention or applicable local Law unless otherwise expressly stated in writing by us; or

15.3.7.2 prevents us from excluding or limiting our liability under the Warsaw Convention, or the Montreal Convention, as applicable, or under any other Laws which apply, or gives up any defence available to us there under against any public social security body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.

15.4 Death or injury of Passengers

Our liability for damage sustained by you, in the event of death, wounding or other bodily injury caused by an accident is subject to the rules and limitations of the applicable Law as well as the following supplementary rules -

15.4.1 Our liability for proven damages will be subject to financial limits as defined by the Warsaw Convention or otherwise;

15.4.2 For any proven damages up to the National Currency Equivalent of one hundred thousand (100,000) SDRs. Any defence based on proof that we and our agents have taken all necessary measures to avoid the damage, or that it was impossible for such measures to have been taken, will not apply to us;

15.4.3 We agree to make advance payments to you or your heirs subject to the following terms and conditions -

15.4.3.1 the person receiving payment is a natural person (that is to say, a person in the ordinary sense of the word as opposed to artificial persons or corporations);

15.4.3.2 you are, or the person receiving payment is, entitled to compensation under the applicable Laws;

15.4.3.3 payments will be made only in respect of immediate economic needs which must be proven by you or your heirs;

15.4.3.4 the amount of a payment will be proportional to the economic hardship being suffered as a result of the death, wounding or bodily injury, save that, in the case of death, it will not be less than the National Currency Equivalent of fifteen thousand (15,000) SDRs per Passenger;

15.4.3.5 payment will not be made later than fifteen (15) Days after the identity of the person entitled to compensation has been established under applicable Laws;

15.4.3.5 no person will be entitled to receive a payment if he or she or the Passenger to whom the payment relates, caused or contributed to the damage to which the payment relates by his or her negligence;

15.4.3.6 all payments will be made subject to the condition that they will be returned to us on proof that the recipient has not complied with or satisfied clause 15.4.3.5 or he or she or the Passenger to whom the payment relates, caused or contributed to the damage to which the payment relates;

15.4.3.7 payments will be off-set against any subsequent sums payable in respect of our liability under the applicable Laws;

15.4.3.8 except for payment of the minimum sum specified in clause 15.4.3.4 in respect of death, a payment will not exceed the maximum damages for which we may be liable to pay the recipient;

15.4.3.9 the making of a payment will not constitute recognition or admission of liability by us;

15.4.3.10 no payment will be made unless the person receiving payment gives us a signed receipt which also acknowledges the applicability of clauses 15.4.3.7, 15.4.3.8 and 15.4.3.9;

15.4.3.11 save to the extent in conflict with any applicable Law, and subject to payment of the minimum sum specified; and

15.4.3.12 in the case of death, our decision in relation to the payment amount will be final.

15.5 Baggage

15.5.1 We will not be liable for damage to Unchecked Baggage unless caused by our gross negligence or wilful misconduct which must be reasonably proved.

15.5.2 We will not be liable for damage to Baggage resulting from the inherent defect, quality or vice of the Baggage. Likewise, we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigours of transportation by air.

15.5.3 We are not liable for damage to any item included in your Baggage which you are prohibited from including in your Baggage under clauses 8.3 and 8.4. including fragile or perishable items, valuable items (for example, money, jewellery, precious metals), computers, personal electronic devices, stored data, any medication or medical equipment which may be required in-flight or during your trip or which cannot be quickly replaced if lost or damaged, house or car keys, valuable documents (for example, business documents, passports and other identification documents, negotiable papers, securities deeds) or samples.

15.5.4 Our liability for damage to Baggage is limited to the maximum amounts stated in clause 15 unless you can prove that the damage resulted from our act or omission either done with the intention of causing damage or recklessly and with knowledge that damage would probably result.

15.5.5 You are advised to purchase insurance to cover instances where the actual value or replacement cost of your Baggage exceeds our liability limitation.

15.5.6 The National Currency Equivalent of three hundred and thirty two (332) SDRs (approximately four hundred (400) United States Dollars) per Passenger applies to damage to Unchecked Baggage where the Warsaw Convention applies to your carriage;

15.5.7 The National Currency Equivalent of seventeen (17) SDRs (approximately twenty (20) United Stated Dollars) per kilogram, or any higher sum agreed by us pursuant to clause 15, applies to damage to Checked Baggage where the Warsaw Convention applies to your carriage;

15.5.8 The National Currency Equivalent of one thousand (1,000 SDRs (approximately one thousand three hundred and seventy five (1375) United States Dollars) per Passenger, or any higher sum agreed by us pursuant to Article 15, applies to damage to both unchecked and checked Baggage where the Montreal Convention applies to your carriage;

15.5.9 The limit of liability for damage to both Unchecked and Checked Baggage laid down by local Law applies to your Baggage where local Law applies to your carriage instead of the Warsaw Convention or the Montreal Convention.

The limits of liability for damage to both Unchecked and Checked Baggage described in this clause apply to damage to Unchecked and Checked Baggage respectively where neither the Warsaw Convention nor the Montreal Convention applies to your carriage and no limit of our liability is determined by applicable local Law.

15.5.10 We will increase our liability to you for damage to Checked Baggage to an amount specified by you and agreed by us at the time you check-in your Checked Baggage at the check-in counter, provided you pay an additional charge calculated in accordance with our regulations. This is known as a "special declaration of value".

Please request details of the applicable charges in the event that you elect this option.

15.5.11 If the weight of your Checked Baggage is not recorded on the Baggage check, we will presume that it is not more than the free Baggage allowance for the class of carriage for which you were booked.

15.5.12 Where carriage of your Baggage is performed by successive airlines and either the Warsaw Convention or the Montreal Convention applies to that carriage, you are entitled to make a claim against us if we are the first or last airline in that carriage, even if the damage to the Baggage did not occur during carriage by us.

15.6 Delay in the carriage of Passengers

Our liability for damage caused by delay in your carriage by air is limited by the Warsaw Convention and the Montreal Convention.

Where neither of those Conventions applies; we will have no liability to you for delay, except as provided in this Conditions of Carriage.

15.7 Advice to international Passengers on limitation of liability

15.7.1 Where your journey involves an ultimate destination or stop in a country other than the country of origin, you are advised that the Warsaw Convention or the Montreal Convention may be applicable to your entire journey, including any section entirely within the country of origin or destination.

15.7.2 Where the Montreal Convention is applicable, the airline is liable for proven damages for death or personal injury, and certain defences to liability specified by that Convention will be inapplicable for damages not exceeding the National Currency Equivalent of one hundred thousand (100,000) SDRs.

15.7.3 Where the Montreal Convention is not applicable, the conditions of carriage of many airlines provide that the liability for death or bodily injury will not be subject to any financial limit defined by the Warsaw Convention and that, in respect of such damage up to a maximum of the National Currency Equivalent of one hundred thousand (100,000) SDRs, any defence to liability based on proof that they have taken all necessary measures will not apply.

Where no such provisions are included in the airline’s conditions of carriage, please note that -

15.7.3.1 for such Passengers on a journey to, from or with an agreed stopping place in the USA, the Warsaw Convention and special contracts of carriage embodied in applicable Tariffs provide that the liability of certain airlines, parties to such special contracts, for death of or personal injury to Passengers is limited in most cases to proven damages not to exceed seventy five thousand (75,000) United States Dollars per Passenger, and that this liability up to such limit will not depend on negligence on the part of the airline; and

15.7.3.2 for such Passengers travelling by an airline not a party to such special contracts or on a journey to which the Warsaw Convention applies which is not to, from or having an agreed stopping place in the USA, the liability of the airline for death or personal injury to Passengers is limited in most cases to ten thousand (10,000) United States Dollars or twenty thousand (20,000) United States Dollars; and

15.7.3.3 some countries impose higher limits than those stated in clause 15.7.3.1 and 15.7.3.2.

15.7.4 The names of airlines or parties to such special contracts of the type mentioned in 15.7.3.3 above, are available at all ticket offices of such airlines and may be examined on request.

15.7.5 Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the airline’s liability under the Warsaw Convention or the Montreal Convention or such special contracts of carriage of the type mentioned above. For further information, please consult your airline or insurance company representatives.

15.7.6 Please note that the limit of liability of seventy five thousand (75,000) United States Dollars specified in this clause 15.7 is inclusive of legal fees and costs except that, in case of a claim brought in a state where a provision is made for separate award of legal fees and costs, the limit will be the sum of fifty eight thousand (58,000) United States Dollars exclusive of legal fees and costs.

Clause 16 - Time limits and processing of Baggage claims

16.1 Time limit for Baggage claims

16.1.1 In the event that you receive your Checked Baggage without registering a complaint, the absence of such a complaint will be sufficient evidence that the Checked Baggage was received in good condition unless you prove otherwise.

16.1.2 In the event that you wish to claim compensation from us for damage to your Checked Baggage, you may notify us as follows -

16.1.2.1 In the event your Checked Baggage is damaged, you must complain to us in writing immediately when you discover the damage and at the latest, within seven (7) Days from the date you received the Checked Baggage.

16.1.2.2 In the event your Checked Baggage has items missing, you have seven (7) Days from the date of arrival at your destination to make a written report claim;

16.1.3 In the event that your missing baggage is not found within twenty one (21) Days, Airlink will arrange for compensation according to international and national regulations and standards with supporting receipts. Please be aware that the claim process can take up to twenty eight (28) Days.

16.2 Processing of Baggage claims

16.2.1 All claims for compensation for damage to Baggage must be accompanied by an itemised list identifying each affected item by description, manufacturer and age, together with proof of purchase or ownership for all such items.

Proof of purchase will not be required in relation to any item which costs less than five (5) United States Dollars (or National Currency Equivalent), or is more than five (5) years old and has a claim value of less than fifty (50) United States Dollars (or National Currency Equivalent).

16.2.2 In the event of a compensation claim concerning physical damage to Baggage, you must retain and, if requested by us, allow us to examine the affected Baggage to assess the nature, extent and reparability of the damage.

The provisions of this clause will not apply where the total cost of replacement items does not exceed fifty (50) United States Dollars or the National Currency Equivalent.

16.2.4 You are obliged to provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.

16.2.5 All claims for compensation regarding Baggage will be accompanied by a sworn affidavit made before a Commissioner of Oath.

16.2.6 Failure by you to fully comply with the relevant requirements of Article 16.2 may adversely affect the amount of any compensation to which you may be entitled.

16.3 Time limit for all actions for damages

You will have no right to compensation for any damage if an action is not brought within seven (7) of the date of your arrival at the place of destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.