Conditions of Carriage & Contract of Carriage
When you buy a ticket to travel on a flight operated by Libyan Wings, you enter into a contract of carriage with us. This contract gives you the right to be carried on a flight or series of flights and its terms are governed by:
- The terms and conditions of contract of the Ticket;
- The Conditions of Carriage;
- Applicable Tariffs; and
- Our Regulations.
Libyan Wings assumes that the above referenced terms are read, understood and agreed by you when you make a reservation or buy a ticket for travel. This document describes these conditions of carriage.
Libyan Wings reserves the right to change, amend or alter the contents of this document at any time.
For a current copy of this document always refer to the Libyan Wings’ website www.libyanwings.ly
INDEX OF CONTENTS
WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
WHEN THESE CONDITIONS ARE APPLICABLE
- Code shares
- Overriding law
- Conditions prevail over Regulations
- Period of validity
- Non-use of Ticket
- Sequence of Flight Coupon use
- Replacement of Ticket
- Our name and address on Tickets
FARES, TAXES, FEES, CHARGES AND EXCEPTIONAL CIRCUMSTANCES SURCHARGES
- Taxes, fees and charges
- Surcharges in exceptional circumstances
- Reservation requirements
- Fare payment requirement
- Personal data
- Reconfirmation of reservations
- Cancellation of onward reservations
CHECK IN AND BOARDING
REFUSAL AND LIMITATION OF CARRIAGE
- Our right to refuse carriage
- Reimbursement of costs
- Fitness to fly
- Carriage of pregnant Passengers and new-born children
- Special assistance
- Passenger reimbursement of medical expenses
- Carriage of unaccompanied children
- On board services
- Ground services
- Free Baggage allowance
- Excess Baggage
- Items you must not carry in your Baggage
- Firearms and dangerous items
- Right to refuse carriage
- Right of search, screen and x-ray
- Checked Baggage
- Unchecked Baggage
- Collection and delivery of Checked Baggage
SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS, DENIED BOARDING
- Remedies for cancellation, rerouting and delays
- Denied boarding
- Involuntary refunds
- Voluntary refunds
- Refund on lost Ticket
- Right to refuse refund
- By whom Ticket refundable
- Limitation of your rights
CONDUCT ABOARD AIRCRAFT
- On board alcohol
- Smoking policy
- Breach of duty
SERVICES PROVIDED BY THIRD PARTIES
TRAVEL DOCUMENTS, CUSTOMS AND SECURITY INSPECTIONS
- Refusal of entry
- Passenger responsible for fines, detention costs and other charges
- Return of confiscated travel documents
- Customs inspection
- Security inspection
LIABILITY FOR DAMAGE
- Applicable rules
- Scope of liability
- General limitations
- Death or injury of Passengers
- Delay in the carriage of Passengers
- Advice to international Passengers on limitation of liability
TIME LIMITS FOR BAGGAGE CLAIMS, PROCESSING OF BAGGAGE CLAIMS, AND TIME LIMITS FOR ALL ACTIONS FOR DAMAGES
- Time limit for Baggage claims
- Processing of Baggage claims
- Time limit for all actions for damages
WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
|We, us, our, LWA,||
You, your, yourself
Any person (whether adult, child or infant) holding a Ticket to be carried in an aircraft, except members of the crew. See also the definition of Passenger.
Airline Designator Code
The two or three letters which identify individual airlines in Tickets, timetables, reservation systems and elsewhere.
Section of these Conditions of Carriage.
A passenger sales agent / general sales agent (which can include another airline) we have appointed to represent us in the sale of carriage on our services.
Your personal property accompanying you during your carriage. Unless we say otherwise, this consists of your Checked Baggage and Unchecked (Cabin) Baggage.
Those parts of your Ticket which relate to the carriage of your Checked Baggage.
Baggage Identification Tag
A document given to you by us to identify your Checked Baggage.
Banker’s Selling Rate
The rate at which, for the purpose of the transfer of funds through banking channels (i.e. other than transactions in bank notes, travellers’ cheques and similar banking instruments), a bank will sell a given amount of foreign currency in exchange for one unit (or units) of national currency of the country in which the exchange transaction takes place
Baggage we take into our custody for carriage in the hold of an aircraft for which we have issued a Baggage Check or a Baggage Identification Tag or both.
Check in Deadline
The time limit we have set you for completing the process of checking in and receiving a boarding pass.
Conditions of Carriage
These conditions of carriage.
A Ticket issued by us or our Authorised Agent in conjunction with another Ticket which together constitute a single contract of carriage.
A paper document marked Flight Coupon or Passenger Coupon issued by us or our Authorised Agent as part of your Ticket.
Death or wounding of a Passenger, or any other bodily injury suffered by a Passenger, caused by an accident on board an aircraft or during any of the operations of embarking or disembarking. It also means damage sustained in the event of the destruction or the total or partial loss of or damage to Baggage which occurs during carriage by air.
Any of the seven days of the week. For the purpose of calculating whether you have complied with a notice requirement, we will not count the day on which a notice is sent however for the purpose of determining the validity of the ticket, we will count the day the ticket is issued, or the first day/flight of travel.
Means the electronic entries within our reservations database recording the carriage you have booked for which we or our Authorised Agent have issued an e Ticket Receipt/Itinerary.
e Ticket Receipt/Itinerary
A receipt marked as such or marked Passenger receipt/Itinerary or Itinerary/Receipt issued by us or our Authorised Agent and delivered to you by email, by fax, by hand, by mail, or by courier.
Means a paper document, marked as such, issued by us or our Authorised Agent as part of your Ticket showing the places of departure and destination between which you are entitled to be carried or, alternatively, an electronic entry within our reservations database recording your booking for carriage on a particular flight.
Unusual and unforeseen circumstances which you cannot control and the consequences of which cannot be avoided by your taking reasonable care.
International Air Transport Association
International Civil Aviation Organisation
Your spouse, your children and your parents
National Currency Equivalent
The equivalent value of the local currency of the country in which the compensation is to be paid or in which judgment is to be made.
Any person (whether adult, child or infant) entitled by a Ticket to be carried in an aircraft. See also the definition for you, your, yourself
Passenger Coupon and Passenger Receipt
A document marked as such issued by us or our Authorised Agent as part of your Ticket.
The rules we have for certain aspects of carriage of Passengers and their Baggage which are described or referred to in more detail in SECTION 17.
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.
Fares for carriage, charges and related Conditions of Carriage and Ticket restrictions (whether published or otherwise available) filed, where required, with a relevant governmental authority.
The paper document marked Passenger Ticket and Baggage Check issued by us or our Authorised Agent with all accompanying Coupons or, alternatively, an Electronic Ticket.
Your Baggage, other than your Checked Baggage, which is carried by you aboard the aircraft.
United States Dollars.
Our internet website with the address (www.libyanwings.ly).
"Warsaw Convention" means the ‘Convention of the Unification of certain rules relating to International Carriage by Air’ signed at Warsaw, 12 October 1929 as amended by any of the following international instruments of law which may apply to your carriage:
The Warsaw Convention as amended at The Hague on 28 September 1955;
The Additional Protocol No. 1 of Montreal (1975);
The Additional Protocol No. 2 of Montreal (1975);
The Additional Protocol No. 4 of Montreal (1975);
The Guadalajara Supplementary Convention (1961).
WHEN THESE CONDITIONS ARE APPLICABLE
These Conditions of Carriage form part of your contract of carriage with us and apply to the carriage we provide to you unless SECTION 2.3 says otherwise.
These Conditions of Carriage may be modified or changed in your favour, but only by a written document signed by one of our authorised managers.
Local National or Regional Law will supersede any of the conditions herein.
2.2 Overriding law
If these Conditions of Carriage are inconsistent with any Tariff or with laws which apply to your contract of carriage, the Tariff or law will apply. If one of these Conditions of Carriage becomes in valid in this way, the other conditions will still apply.
2.3 Conditions prevail over Regulations
If these Conditions of Carriage are inconsistent with any of our Regulations, these Conditions of Carriage will apply. If part of one of our Regulations becomes invalid in this way, the other parts of our Regulations will still apply.
We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.
A Ticket is not transferable, except as required by any locally applicable laws.
Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.
If you have a Ticket, as described in section 3.1.3, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and furnish evidence of such Force Majeure, we will provide you with a credit of the non-refundable amount of the fare, for future travel on us, subject to deduction of a reasonable administration and/or cancellation fee.
The Ticket is and remains at all times the property of the issuing carrier.
Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon in the booked sequence. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorised Agent. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket and a Payment Receipt has been duly issued in your name.
In case 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, upon your request we will replace such 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 of the Ticket. We will not claim reimbursement from you for any such losses which result from our own negligence. The issuing carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier, or its agent.
Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may 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. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.
A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost, stolen, copied or damaged.
Except as otherwise provided in the Ticket, in these Conditions, or in applicable Tariffs (which may limit the validity of a ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for:
(a) one year from the date of issue; or
(b) subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.
When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations we are unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a refund in accordance with Article 10.
If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket, the electronic coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family originally booked with and accompanying you.
In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) Days from the date of the death.
The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any agreed stop over points to the final destination. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket. It forms an essential part of our contract with you. The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.
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. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. No downgrading of flight, fare, cabin or services will be permitted and your unused Coupons have no value.
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 you travel, or fare type or booking class/fare class designator of travel can result in an increase in price. Many special fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or may be changed only upon payment of an additional fee and any difference in fare.
Each Flight Coupon contained in your Ticket will be accepted for carriage in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested.
Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
FARES, TAXES, FEES, CHARGES AND EXCEPTIONAL CIRCUMSTANCES SURCHARGES
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 say otherwise. The fare does not include ground transport service to, from airports, between airports and between airport or bus or train terminals, unless we say otherwise.
The fare for your Ticket has been calculated according to our Tariff as it applied on the date payment was made for your Ticket.
4.2 Taxes, fees and charges
Before carriage, you will pay to us 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 or to pay in respect of your carriage.
When you purchase your Ticket, we will advise you of all taxes, fees and charges not included in the fare, most of which normally will be shown separately on the Ticket. Taxes, fees and charges imposed on air travel are outside our control and are constantly changing 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 must pay to us any such tax, fee or charge, or any such increase before carriage.
If your Ticket has been purchased from our Authorised Agent and such Authorised Agent omitted to give details of all applicable taxes, fees and charges, with the result no, or insufficient, payment has been made for such taxes, fees and charges, you must pay the relevant amount at the airport of departure before you will be entitled to carriage.
If you do not use your Ticket, you will be entitled to claim a refund of any taxes, fees or charges you have paid, less any applicable administration and/or cancellation fee(s), if your Ticket is subject to restrictions. Please ask us or our Authorised Agent for details of how to claim such refund.
4.3 Surcharges in exceptional circumstances
In exceptional circumstances, charges may be imposed on us by third parties who are of a type or amount not normally applicable to our operations (for example, insurance premium supplements or additional security costs triggered by unlawful interference with civil aviation).
In addition, we may be subjected to significant increases in operational costs (for example, fuel charges) caused by exceptional circumstances beyond our control.
In such cases, you will be required to pay to us, as fare surcharges, all such charges attributed by us to your carriage (even if imposed after the date of issue of your Ticket). We will contact you with details of any applicable fare surcharges as soon as possible. If we are unable to establish contact using your contact details, we will advise you of any applicable fare surcharge at check-in. You are free to choose not to pay a fare surcharge and receive an involuntary refund of your Ticket in accordance with the provisions of Article 10.2, in which case we will have no other liability to you.
Fares, taxes, fees, charges and exceptional circumstances surcharges are payable in the currency of the country in which the carriage commences, converted to the currency of the country of payment (if different) at the applicable system conversion rate (source IATA), unless we or our Authorised Agent require payment in a different currency (for example, because of the non-convertibility of the local currency). We may at our discretion, accept payment in any currency, subject to applicable local laws.
5.1 Reservation requirements
Some fares have conditions attached to them which limit or exclude your right to change or cancel reservations. Details of any such conditions will be provided at the time of booking.
You must tell us at the time of booking if you have a medical condition or other condition for which you may require medical assistance or special assistance during embarkation, disembarkation or aboard an aircraft (for example, the circumstances set out in Articles 7.3 to 7.5). Your booking will be logged in our system as provisional and converted to a confirmed reservation by us once we are satisfied that you have received any medical clearance required under Article 7.5 and all conditions attached to such clearance have, or will be, complied with by you. If you are flying to or from the USA, application of local rules may mean that you do not need to comply with all or part of the requirements set out in this Article 5.1.2. If you ask us, we will tell you how the requirements may differ.
If Articles 7.3 to 7.5 apply to you, your booking for your reservation must be made through our local office in accordance with the advance time limits specified in those Articles (namely: 72 hours before flight departure in the case of Articles 7.3.2(a) and (b), and 96 hours before flight departure in the case of Article 7.3.2(c)), otherwise it may not be possible to accept the booking because of lack of time to complete applicable medical clearance requirements.
5.2 Fare payment requirement
We will cancel your reservation if you have not paid the applicable fare (and applicable taxes, fees, charges and surcharges) in full or the Ticket prior to the ticketing time limit specified to you by us or our Authorised Agent.
5.3 Personal data
You recognise that your personal data (including sensitive personal data) has been provided to us for the purposes of: making a reservation; recording and issuing a Ticket; issuing a boarding pass and other ancillary documentation associated with your carriage; advising you of changes to your Itinerary; responding to your queries or requests; issuing receipts; providing you with your carriage; providing you with ancillary services related to your carriage, including, for example, provision of wheelchair assistance, limousine services and third party services; administration of accounting, billing and auditing procedures and other administrative purposes; facilitating immigration and entry procedures; facilitating security checks including, for example, use of biometrics; dealing with customs control; dealing with immigration authorities; meeting security requirements; prevention and detection of crime; handling customer relations issues; analysis of statistics; assisting us in future transactions with you; systems testing; market analysis; tailoring our marketing to your specific carriage needs; benchmarking and performance measures; IT maintenance or development training; operating frequent flyer programmes; meeting legal obligations to you; making data available to government agencies in connection with your carriage (for example, security, customs or immigration where we are required by applicable law to do so); and other purposes associated with or incidental to your carriage.
For all these purposes, you authorise us to retain and use such data and to transmit to and/or to share it with: our own offices, our Authorised Agents, our other companies and/or brands, anyone to whom we transfer our rights and duties; third party companies offering related services including, for example, car rental, hotels, limousines, transfers, ancillary services), governments and government agencies, credit card and other payment card companies, and other airlines or providers of such related services. We may also retain your personal data for direct marketing, but we will obtain your authority to do this first.
Sensitive personal data, for example data relating to your health or disabilities, religion, criminal record or otherwise may be processed by us. You recognise that, by providing us with sensitive personal data you give your explicit consent for us to process it and disclose it to third parties for the above purposes. We undertake to collect, process, store, save and transfer your data in compliance with relevant data protection legislation in force from time to time. In processing your data we may transfer it to countries which may not afford the same level of protection.
We may also monitor and/or record your telephone conversations with us to ensure consistent service levels, service quality, prevent/detect fraud and for training purposes.
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.
If you would like to know what personal data we are holding about you and/or correct the personal data that we hold about you, please contact our office.
We will try to meet advance seating requests, but we cannot guarantee that you will be able to sit in any particular seat. We can change your seat for a similar seat at any time, even after you have boarded the aircraft.
We will try 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 any particular aircraft will be used. We can change the aircraft on which you will be carried, whether for operational, safety, security reasons or otherwise.
It may be necessary for us temporarily to 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 inform you of the identity of the operator of the aircraft, or try to ensure that our Authorised Agents give you such information. We will try also to ensure that you receive the same level of inflight service, entertainment, and baggage allowance advertised for your flight, but cannot guarantee that this will always be possible.
5.6 Reconfirmation of reservations
With limited exceptions, it is not necessary for you to reconfirm onward or return reservations before flying, but we do recommend that you check your flight status online at www.libyanwings.ly
by calling + 218 21 351 46 08 / 351 46 09 prior to departure of our flight.
If we do require you to reconfirm your reservation before a flight, we or our Authorised Agent will advise you when, how and where it should be done. We recommend that you provide us with your personal telephone at home/work /cell number/ email address so that we can reach you and provide you with information regarding any change in schedule and or condition related to your carriage, especially on public holidays when the Authorised Agent is closed.
If you fail to reconfirm a reservation for any flight where we have told you that reconfirmation is necessary, we may cancel all of your onward or return reservations. No refund of the fare paid will be available in respect of such cancelled reservation unless permitted by the conditions applicable to your Ticket.
If, after we have cancelled your reservation because of your failure to reconfirm your reservation where we have told you that reconfirmation is necessary, we may reinstate your reservation at your request and carry you if there is space on the flight to which your cancelled reservation related. If there is no space available on the flight, we will use reasonable efforts to try to carry you on another of our flights to your next or final destination, but we are not obliged to do so.
You should check the reconfirmation requirements of any other airlines involved in your carriage with them and, where necessary, reconfirm with the airline whose Airline Designator Code is entered in the Ticket for the flight in question. We will have no liability to you if another airline cancels one or more reservations because you failed to reconfirm that reservation where you were required to do so. Your right to onward travel or a refund will be governed by the conditions of carriage of the other airline.
5.7 Cancellation of onward reservations
We will cancel the unused part of your reservation if you do not check in for any flight or if, having checked in, you fail to present yourself at the boarding gate with your boarding pass within the time limit specified by us at check in, unless you have advised us first.
We will not cancel your unused reservations pursuant to Article 5.7.1 if you advise us of your intention not to use any part of your reservation before check-in has closed for the relevant flight or, alternatively, before the boarding gate closes if check-in formalities have been completed.
We will not be liable to you for any loss or expense whatsoever resulting from your failure to comply fully with the requirements of Articles 5.6 and 5.7
CHECK IN AND BOARDING
You are required to report for check in 3 hours prior to scheduled time of departure. Check-in counters will close 1 hour prior to scheduled time of departure.
Check in Deadlines are different at some airports. We or our Authorised Agents will advise you of the Check-in Deadline for your first flight with us if it is longer than the normal limit specified in Article 6.1. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines by consulting our timetable, or by asking us or our Authorised Agents.
You must comply with the applicable Check-in Deadline. We have the right to cancel your reservation if you do not comply with the Check-in Deadline or, if no Check-in Deadline has been indicated, you fail to check in prior to closing of check in for your flight. See also Article 5.7
You must be present at the boarding gate no later than 30 minutes prior to the scheduled time of departure of your flight, or at a time specified by us at the time of Check-in, failing which you will not be accepted for the flight.
We will not be liable to you for any loss or expense whatsoever resulting from your failure to comply fully with this Article 6.
REFUSAL AND LIMITATION OF CARRIAGE
7.1 Our right to refuse carriage
We have the right to refuse to carry you or your Baggage on any flight (even if you hold a valid Ticket and have a boarding pass) if one or more of the events listed in Articles 7.1.1 to 7.1.21 has happened or we reasonably believe might happen, it being understood by you that we have no duty to make any enquiries when determining whether we believe an event might happen. See also Articles 7.2 and 10.5.4 concerning the consequences of being refused carriage and Article 18 concerning any decision we make about the application of Article 7.1 to you.
refusal to carry is necessary in order to comply with any applicable government laws, regulations, orders or governmental policy; or
you commit a criminal offence during check in or any of the other operations of embarkation on your flight, or disembarkation from a connecting flight, or on board the aircraft before take-off; or
you fail to observe safety or security instructions of, or obstruct or hinder, any ground staff or crew member in the performance of their duties; or
you use threatening, abusive, insulting or indecent words or behave in a threatening, abusive, insulting or indecent manner to any person, including ground staff, members of the 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; or
carriage of you and/or your Baggage may endanger or adversely and materially affect, or has endangered or adversely and materially affected, the safety, health, or security of the aircraft, other Passengers or members of the crew, or the comfort of other Passengers aboard the aircraft; or
you appear to be incapacitated by alcohol or drugs; or
your mental or physical state, including your impairment from alcohol or drugs, appears to present a hazard or risk to yourself, or to Passengers, or to crew, or to the aircraft, or any person or property in it, or represents a likely or actual source of material annoyance or discomfort to other Passengers aboard the aircraft if you were to proceed to travel in the class in which you are booked or in which you have agreed to travel; or
you refuse to submit to a security check for yourself or your Baggage or, having submitted to such a check, you fail to provide unsatisfactory answers to security questions at check-in or the boarding gate, or you fail a security profiling assessment/analysis, or you tamper with or remove any security seals on your Baggage or security stickers on your boarding pass; or
you fail to observe our safety, security or passenger comfort instructions concerning, for example, seating, storage of Unchecked Baggage, smoking, consumption of alcohol, use of drugs, dress, or use of electronic equipment (for example, mobile/cellular phones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices); or
you have made, or attempted to make, a bomb hoax, hijack threat or any other security threat; or
you have not paid in full the applicable fare, taxes, fees, applicable charges or exceptional circumstances surcharges for your carriage; or
you appear, in our exclusive opinion, not to meet requisite visa requirements or not to have valid or lawfully acquired travel documents or to have acquired them by fraudulent means or you wish to travel to or enter a country through which you may be in transit for which you do not have valid travel documents or meet the requisite visa requirements, or you destroy your travel documents aboard the aircraft or between check-in and boarding, or you refuse to allow us to copy your travel documents, or you refuse to surrender your travel documents to the flight crew, against receipt, when so requested; or
we have been informed (orally or in writing) by immigration or other authorities of the country to which you are travelling or through which you may intend to transit, or of a country in which you have a Stopover planned, that you will not be permitted entry to such country even if you have valid travel documents; or
you fail, or refuse, to give us information in your possession or available to you which a governmental authority has lawfully asked us to give about you, or it appears to us that any such information you have given is false or misleading; or
you present a Ticket for carriage that appears to have been acquired unlawfully or by fraudulent means (for example, by means of use of a stolen credit or debit card), or appears to be forged or falsified, or altered without requisite authority, or has been purchased from or issued by an entity other than us or our Authorised Agent, or has been reported to us as being mutilated, lost or stolen, or is a counterfeit, or you cannot prove that you are the person named in the Ticket, or you fail to present the credit, debit or other similar card used for issuing the ticket at the airport and sales offices, or you fail to comply with the requirements set forth in Article 3 concerning, for example, use of Flight Coupons in sequence; or
you do not meet the requirements of Article 7.3 in relation to your medical fitness to fly; or
you, (or the person who is legally responsible for you, if you are a child) have failed to comply with the requirements of Article 7.7; or.
you, or someone for whom you are responsible who is travelling with you (for example, a child or infant) is not permitted by law, court order or bail conditions to leave the jurisdiction of the place of departure of the aircraft; or
you are, or we reasonably suspect you are, in unlawful possession of drugs; or
you have previously behaved in any of the ways prohibited above and we believe that you may repeat such behaviour, or you have previously been refused carriage by another airline for any reason relating to your behaviour, or you have breached any of the duties imposed on you by Article 11.1 in relation to previous carriage by us; or
we have notified you that we would not at any time after the date of such notice carry you on our flights.
If you are refused carriage for any of the reasons set out in Article 7.1, you will reimburse us for any costs we incur resulting from: (a) repair or replacement of property lost, damaged or destroyed by you; (b) compensation we have to pay to any Passenger or crew member affected by your actions; and (c) delaying the aircraft for the purpose of removing you and/or your Baggage. We may 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
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 certain precautions are taken (for example, use of medication) it is your responsibility to ensure that all such precautions are in fact taken before, during 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 these Conditions of Carriage. To check if evidence of fitness to fly is required, see Articles 7.3.2 and 7.3.5, as well as Article 7.3.4 if you are flying to or from the USA.
If doubt exists about your fitness to fly, you may not be accepted for carriage unless you have satisfied one of the three requirements set out in Articles 7.3.2(a) to (c). If, however, you are flying to or from the USA, you may be exempt from part or all of those requirements – see further Article 7.3.4.
You have produced to us no later than 48 hours before flight a medical report from an appropriately qualified doctor, bearing a date no more than 10 Days before your flight, which confirms your fitness to travel on all flights on which you intend to travel; or
You have completed and produced to us no later than 48 hours before flight a Medical Information Form (MEDIF -which is most useful where your fitness to fly is in doubt because of a recent illness, disease, treatment or operation) and we have confirmed that we are able to provide you with carriage; or
You have completed and produced to us no later than 96 hours before flight a Frequent Travellers Medical Card (FREMEC – which is most useful where your fitness to fly is in doubt due to a permanent or chronic illness or disease or you require long term medical treatment) and we have confirmed that we are able to provide you with carriage.
Permission to fly is required from our medical department at least 48 hours before your flight (or such shorter period as we in our absolute discretion may decide) if it appears to us that you may have a disease which meets any of the following criteria, save that where you are flying to or from the USA different rules may apply (see further Article 7.3.4 regarding USA rules):
which is believed to be actively contagious or communicable and life threatening to other Passengers or crew; or
which may cause or induce unusual behaviour, or a physical condition, which could have an adverse effect on the welfare and comfort of other Passengers or crew members; or
which is considered to be a potential hazard to the safety of the flight; or
which may cause the flight to be diverted or perform an unscheduled stop.
If you are flying to or from the USA, application of local rules may mean that you do not need to comply with all or part of the requirements of Articles 7.3.2 and 7.3.3. We will inform you how the requirements may differ upon your request
7.4 Carriage of pregnant passengers and new born children
If you are pregnant we will carry you after your 28th week of gestation only if you produce to us 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 after the 35th week of gestation for flights exceeding 4 hours and after the 36th week of gestation for any other flight.
It is your responsibility to check if Article 7.4.1 applies to you. If you fail to comply with its requirements or you provide incorrect information about your week of gestation, and you subsequently require in-flight medical assistance, or your flight is diverted so that you may receive medical assistance, in connection with your pregnancy, you are liable to reimburse us for any costs we incur of the type, for example, specified in Article 7.6 in accordance with the requirements of that Article.
Carriage of newly born infants will generally not be permitted until 7 Days after delivery. Please ask us or our Authorised Agent for further information.
You have reported for check in and we have reasons to believe that SECTION 7.4.1 or 7.4.3 applies to you, you are required to produce an evidence of Medical Insurance, prior to acceptance on flight, to ensure that in case of any complications during the flight or transit, you are covered for air travel, including the cost of expenses, we incur to treat you on board an aircraft, transporting you on the ground, paying for treatment provided by a third party, or repatriation costs, if any.
However, for compassionate reasons, you (expectant mother) may be accepted for carriage after the issuing date provided:
- Prior consent from our medical department has been taken
- Accompanied by a physician or other qualified person
- Evidence of Medical Insurance is produced to ensure that you are covered for air travel, including repatriation costs, if any
7.5 Special assistance
If you require special assistance because you are unable to feed yourself or use the toilet unassisted, or move around or evacuate the aircraft cabin unassisted, or you have special needs requiring special equipment, we will carry you if you have obtained prior clearance from our medical department at the time of ticketing and you comply with all applicable Regulations at all relevant times.
If your special assistance requirements change adversely after receiving clearance pursuant to SECTION 7.5.1 or 7.5.4, you must seek a new clearance prior to your flight from our medical department or from your doctor (in accordance with SECTION 7.5.4) and comply with all of our applicable Regulations at all relevant times.
If you have been cleared for carriage by our medical department pursuant to SECTION 7.5.1, you will not subsequently be refused carriage on the basis of your special requirements unless you have failed to comply with these Conditions of Carriage including, for example, SECTION s 7.1 and 7.3.
An alternative to obtaining prior clearance from our medical department for the purposes of SECTION s 7.5.1 and 7.5.3 is provision to us at the time of ticketing of an original certificate signed by a qualified doctor certifying that you are capable of completing your carriage safely without requiring medical assistance in flight (for example, assistance necessary to feed yourself, or to use the toilet, or to evacuate the aircraft, or to administer medication or treatment to yourself).
7.6 Passenger reimbursement of medical expenses
We will also refund you any difference between the fare, taxes, fees, charges and surcharges paid for your carriage and any lower fare, taxes, fees, charges and surcharges applicable to your revised carriage.
7.7 Carriage of unaccompanied children
You will not be accepted for carriage if you are less than 5 years of age on the date the flight commences unless you are accompanied by an escort aged 18 years or more. If you are between 5 and 17 years of age, we can arrange for an escort, provided we receive 7 Days or more notice prior to travel and an extra charge is paid.
If you are more than 5 years of age, but less than 12 years old on the date the flight commences, you will not be accepted for carriage unless the Unaccompanied Minor form, has been filled and following conditions are met in full:
you are accompanied at check-in 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 taken off 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.
you have a confirmed reservation for your flight and it is not 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; and
your ticketed carriage does not involve an en route change of airport or a scheduled Stopover exceeding 4 hours in the case of any airport, unless a parent, guardian or adult responsible for you meets you and takes responsibility for you during the full period of the Stopover(s).
7.8 On board services
For operational reasons, we do not make any guarantees about the provision/availability of inflight entertainment equipment and advertised programmes; advertised special meals or any other type of meals; or the availability of advertised inflight service
We do not guarantee that special meals will always conform to their exact description. This is because they may have 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.
7.9 Ground services
We do not make any guarantees about the provision/availability of equipment and services on the ground at airports including, for example, fast track services, airport lounges and the facilities available within those lounges.
We do not guarantee that ground services will always conform to their exact description. This is because some services are provided by third parties to our order. See also Article 12 for other provisions concerning services provided by third parties.
8.1 Free Baggage allowance
You may carry some Baggage free of extra charge. The amount of free Baggage allowance and restrictions on size are shown in your Ticket or e-ticket Receipt/Itinerary and are dependent also on our Regulations in force on the date of your flight. For more information or a copy of our Regulations, please ask us or our Authorised Agents.
8.2 Excess Baggage
You will have to pay an extra charge for carriage of Baggage in excess of your free Baggage allowance. You will also have to pay an extra charge for carriage of any container with an animal inside unless the animal is a service animal. For details of the rates applicable to carriage of excess Baggage, please ask us or our Authorised Agents.
8.3 Items you must not carry in your Baggage
There are certain items which you must not include in your Baggage. Set out below are prohibitions applicable to Checked and Unchecked Baggage, as well as separate and extra prohibitions applicable to Checked Baggage only and to Unchecked Baggage only. If you fail to comply with any of the applicable rules you and/or your Baggage may be refused carriage (see also Article 8.5.1). In addition, you may not be entitled to claim compensation if any prohibited item wrongfully included in Baggage sustains Damage or causes Damage to your Baggage (see Article 15.5).
You must not include any of the following items in your Unchecked Baggage or your Checked Baggage or without prior consent of concerned authorities including the following:
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 ask us or our Authorised Agents for details;
Items which are prohibited from being carried by applicable laws, regulations, orders or governmental policy of any state to be flown from or to;
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 ask us about any concerns you may have about the suitability of your Baggage before you arrive at the airport;
Items attracting any form of duty if you are travelling as an unaccompanied child under the age of 16; or
War material. Please ask us if you have any doubt about whether any item constitutes war material.
You must not include in Checked Baggage fragile or perishable items, valuable items (including, for example, money, jewellery, precious metals), computers, personal electronic devices including cell phones or cameras, 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.
You must not include in your Unchecked Baggage:
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.
Any article which in our opinion, or the opinion of airport security personnel, might 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.
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 by Article 8.3.
You may carry such items as Unchecked Baggage, but only if you comply with our requirements regarding contents and size and weight of Unchecked Baggage specified in Article 8.8.
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.
8.4 Firearms and dangerous items
If you wish to carry Firearms and ammunition 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 before commencing your carriage. In addition, you must agree/comply to the following requirements for acceptance of Firearms and ammunition,
On your declaration of firearm /ammunition, you will be asked to unload the firearm in the presence of security.
Once the firearm has been unloaded, you will be asked to secure them in your checked baggage, in presence of security staff. The baggage will be then properly locked by you in the presence of security staff and will be handed over to us for their safe custody in aircraft.
Firearms and ammunition if accepted for carriage, firearms must be accompanied by all documents legally required by the countries of departure, destination and any Stopovers. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 8.3.2(a). Your firearms and ammunitions will never be carried in the cabin or cockpit of the aircraft.
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 cockpit of the aircraft.
We will have no liability or responsibility where any item accepted under Articles 8.4.2 and/or 8.4.3 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.
8.5 Right to refuse carriage
We will refuse to carry Baggage which contains any of the items described in Article 8.3.2 (and Article 8.3.4 in the case of Unchecked Baggage only), regardless of whether and when we are told, or discover, the presence of any such items. See also Article 8.3.1.
We will refuse to accept Baggage for carriage if we decide 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 ask for guidance from us or our Authorised Agents.
We may refuse to accept Baggage for carriage if we decide that it is not properly and securely packed in suitable containers. If you ask us, we will give you information about packing and containers acceptable to us.
8.6 Right of search, screen and x-ray
For reasons of safety, health and security, and to check that you are not carrying in your Baggage any items prohibited by these Conditions of Carriage, we may search, screen and x-ray your Baggage. We will try to search your Baggage while you are present, but if you are not available we may search it in your absence. If you do not let us conduct all such searches, scans and x-rays, we will refuse to carry you and your Baggage.
You must allow security checks of your Baggage by government officials, airport officials, police or military officials and other airlines involved in your carriage.
If a search, screen or x-ray causes Damage to your Baggage, we will not be liable for the Damage unless it was caused solely by our negligence.
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.
8.7 Checked Baggage
You must fasten a tag, or secure a sticker, containing your name, full address and a telephone number at which we can contact you, to the outside and inside of each item of Checked Baggage.
When you check-in Checked Baggage, we will give you a Baggage Identification Tag for each piece of your Checked Baggage.
Checked Baggage will normally be carried on the same aircraft as you, but it may be necessary sometimes for it to be carried on another aircraft (for example, for safety, health, security, operational reasons, or due to the size or weight of the Checked Baggage, or noncompliance with relevant parts of these Conditions of Carriage). If we carry your Checked Baggage on another flight, we will deliver it to the address you have provided, 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 these Conditions of Carriage.
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.
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.
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.
8.8 Unchecked Baggage
We specify maximum dimensions and/or weight for Unchecked Baggage which you carry on to the aircraft. Please ask us for details. 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. If 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 which may be due under Article 8.2 if your free Baggage allowance has already been used up by other Checked Baggage.
If you have a highly valuable item, a musical instrument or diplomatic bag which you wish to carry with us as Unchecked Baggage but it exceeds our size or weight limitations for Unchecked Baggage, you must purchase one or more additional seats (subject to availability) in the same class of travel as you for the purpose of storing such permitted item next to you during your flight. We will not carry as Unchecked Baggage any other type of item which exceeds our size or weight limitations for Unchecked Baggage.
8.9 Collection & Delivery of Checked Baggage
Unless Article 8.7.3 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 may charge you a storage fee. If your Checked Baggage remains unclaimed for 3 months after it is made available at your destination or Stopover, we may dispose of it and retain for our benefit any proceeds of the disposal without notice or liability to you.
Only the person holding the Baggage Check and the Baggage Identification Tag can claim a piece of Checked Baggage. We accept no responsibility for checking the identity or authority of the person holding the Baggage Check and Baggage Identification Tag or for checking that he/she has any right to collection.
If the person claiming a piece of Checked Baggage cannot produce the required Baggage Check and 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.
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:
The animal must be properly crated (with necessary and sufficient 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.
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.
You have paid the charges applicable to containers with animals inside, unless the animal is a service animal.
Unless carriage of your animal is covered by the liability rules of the Warsaw Convention or the Montreal Convention, we will not be responsible for its loss, injury, sickness or death unless caused solely by our negligence.
If an animal is carried by us without being accompanied by all the certificates and permits required by Article 8.10.2, 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.
SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS, DENIED BOARDING
9.1 Schedules (Responsibility for schedules and operations)
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 to you and they do not form part of your contract of carriage with us.
Before we accept your booking, we or our Authorised Agent will tell you about the departure time of your flight and it will be shown on your Ticket or eTicket 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 contact information so that we or that Authorised Agent can try to notify you of any such change. If the change is not acceptable to you, and we are unable to reserve space for you in your ticketed class of service on an alternate flight which is acceptable to you, you will be entitled to an involuntary refund in accordance with Article 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
In the event of a flight delay, cancellation, or diversion, we will provide the most current information available to customers in the airport or on-board an aircraft in a timely manner.
Flight information may also be obtained through the website (www.libyanwings.ly) and our Reservations office at + 218 21 351 46 08 / 351 46 09.
Sometimes delays in departure and the time taken for an aircraft to fly to a destination occur because of circumstances beyond our control (for example, bad weather, operational 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 at the discretion of the company include using an alternative aircraft or arranging for a flight to be operated for us by an alternative airline or any other operationally and commercially viable alternative.
You will be entitled to choose one of the following three available remedies if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or stopover destination, or cause you to miss a connecting flight with us or with another airline for which you hold a through booking/confirmed reservation and adequate time existed to make the connection after the scheduled time of arrival of your flight. The three available remedies for you to choose from are available without extra charge and are set out in Articles 9.2.3 (a) to (c) below.
Remedy One – we will carry you and your Baggage as soon as we can 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.
Remedy Two – we will re-route you and your Baggage within a reasonable period of time to the destination shown on your Ticket on another of our flights or on the flight of another airline, or by other mutually agreed means and class of carriage.
Remedy Three – we will give you an involuntary refund in accordance with SECTION 10.2.
The three remedies in SECTION s 9.2.3(a) to 9.2.3(c) do not affect any rights you may have under SECTION 15.6. Those remedies and rights represent the sole and exclusive remedies and rights available to you if your carriage is affected by one of the events listed in SECTION 9.2.2.
9.3 Denied boarding
If we cannot carry you in your ticketed class of service on a flight for which you have a confirmed reservation and have met all applicable check in and boarding deadlines, we will carry you on one of our later flights in your ticketed class of service, or, if you choose, we will carry you on another of our flights in a different class of service and will refund you the difference between the applicable fare, taxes, fees, charges and surcharges paid for your ticketed class of service and, if lower, the fare, taxes, fees, charges and surcharges applicable to the class of service in which you are actually carried. Alternatively, you may choose to receive an involuntary refund in accordance with SECTION 10.2. This SECTION 9.3.1 will not apply if we refuse to carry you for reasons permitted by these Conditions of Carriage (see, for example, SECTION s 6.4, 7, 8.6.1, 11.4.2, 11.4.3, 13.1.6 and 13.6).
If SECTION 9.3.1 applies to you, we will pay to you any compensation due to you under applicable law and our denied boarding compensation policy.
Apart from your rights under this SECTION 9.3, we will have no liability to you for any loss or expense whatsoever. Please ask about our denied boarding compensation policy that is available for our Flights.
9.4 Rebooking and Amenities/Services for Delayed Customers
Our Customer Service Plan is not guaranteed, is subject to change without notice, and is not part of this Contract of Carriage.
We will refund the fare paid for your Ticket, or any unused part of it, together with applicable taxes, fees, charges and exceptional circumstances surcharges in accordance with our fare rules and Tariffs and the following additional rules:
We will make a refund only to the person who has paid for the Ticket, provided we are given proof of identification and payment. For any other person applying or collecting a refund, this must be accompanied by a valid and signed authorisation letter issued by the person claiming the refund, confirming the identity and credentials of the person collecting the refund. We will not be held liable for any loss or misrepresentation in this matter.
Unless the claim for a refund concerns a lost Ticket, we will pay a refund only if you give us your Ticket details and we can confirm that all Flight Coupons and the Passenger Coupons are unused. This requirement will not apply where your Ticket is an Electronic Ticket.
No refunds may be made, unless the refund claim is submitted directly by you and in accordance with our refund policies and these Terms and Conditions.
10.2 Involuntary refunds
Fare refunds will be calculated according to Articles 10.2.1(a) and 10.2.1(b) if we cancel a flight, fail to operate a flight reasonably according to 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 these 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) 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 the correct fare (including taxes, fees, charges) for travel between the points for which you have used your Ticket.
We will pay a refund according to Article 10.2.1(b) if we refuse you carriage for any of the reasons set out in Article 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 Article 7.2 which permits us to use the value of any unused carriage on your Ticket to reimburse costs payable by you.
We will pay a refund according to Article 10.2.1(b) if we terminate your carriage for any of the reasons set out in Article 11.4 (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. See also Article 11.4.4, which permits us to use the value of any unused carriage on your Ticket to pay sums due to us from you.
10.3 Voluntary refunds
If a refund of the fare for your Ticket is due for reasons other than those set out in Article 10.2, the refund will be:
an amount equal to the fare paid (including taxes, fees, charges) less any applicable cancellation fees if no portion of the Ticket has been used, less also any applicable administration fee(s), if your Ticket is subject to such restrictions per the fare rules; 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 the correct fare (including taxes, fees, charges) for travel between the points for which the Ticket has been used, less any applicable cancellation fees, less also any applicable administration fee(s), if your Ticket is subject to restrictions.
10.4 Refund on lost Ticket
If you lose your Ticket or part of it and subsequently provide us with satisfactory proof of that loss and pay any applicable administration fee(s), we will pay a refund as soon as possible provided the lost ticket or part of it has not been used, previously refunded or replaced. We will refund after the validity period of the Ticket expires or 6 months, whichever is the later. We will only do this if:
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 negligence; and
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 later 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 negligence.
10.5 Right to refuse refund
We will not give a refund if application for a refund is made more than 90 days from the date you cancelled your flight. This is subject to the validity of the ticket and in accordance with the fare rules of the applicable fare type paid. There will be no refund whatsoever for no-show.
We will not give a refund on a Ticket if, when you arrived in a country, you presented the Ticket to us or to government officials as evidence of your future intention to depart from that country, unless you can prove to us 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.
We will not give a refund on 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 prove to us that you have permission of that governmental organisation to receive a refund.
We will not give a refund on a Ticket for any flight on which you have been refused carriage (for any of the reasons set out in Article 7.1) or from which you have been removed (for any of the reasons set out in Articles 11.1 to 11.3).
The currency for payment of refunds depends on the place/country the ticket has been issued. Where eligible, we will pay the refund in the same currency that the original ticket was paid for and issued.
10.7 By whom Ticket refundable
Refund will be processed only from the issuing office.
10.8 Limitation of your rights
Unless we state otherwise in these Conditions of Carriage, the refund rights set out in this Article 10 represent your only rights against us if your carriage does not take place for any reason whatsoever. This means that we will have no other liability to you for any loss or expense whatsoever.
CONDUCT ABOARD AIRCRAFT
At all times during your carriage, you have a duty to behave in a manner which is not likely to:
contravene the laws of any state which has jurisdiction over the aircraft;
endanger, or threaten (whether by hoax threats or otherwise) the air craft or any person
injure or prejudice the health of other persons aboard the aircraft or create the risk or threat of injury or damage to health;
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;
cause, or be likely to cause, loss of or damage to our property or that of other persons aboard the aircraft;
obstruct, hinder or interfere with the crew in the performance of their duties;
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, CD, DVD and MP3 players, electronic games or transmitting devices (for example, radio controlled toys and walkie talkies). See also Article 18 concerning decisions we make about the application of Article 11.1 to you.
11.2 On board alcohol
You are not allowed to consume alcohol on any of our flights and on-board our aircraft.
11.3 Smoking policy
Smoking is not permitted on any of our flights and on-board our aircraft.
11.4 Breach of duty
If we reasonably believe that you have failed to fully observe all of the duties placed on you by Articles 11.1 to 11.3:
we may report the matter to any relevant police or other enforcement authority; and
we may 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
we may decide to refuse to carry you at any time in the future; and
you will reimburse us for any costs we incur in order to: (a) repair or replace property lost, damaged or destroyed by you; (b) compensate any Passenger or crew member affected by your actions; and (c) divert the aircraft for the purpose of removing you from the aircraft. We may 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.
SERVICES PROVIDED BY THIRD PARTIES
If we arrange for another company to provide you with surface carriage or other services (for example, a limousine, 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, we are acting only as your agent in making those arrangements or issuing the ticket or voucher.
The terms and conditions of the company providing those services will apply to you.
We will have no liability to you regarding any surface carriage or other services we arrange for you which are to be provided by another company unless caused solely by our negligence. See Articles 7.8 and 7.9 for other provisions concerning services provided by third parties.
TRAVEL DOCUMENTS, CUSTOMS, SECURITY INSPECTIONS AND HEALTH
You are responsible for obtaining and holding all of the travel documents you need for any country you are visiting (even as a transit Passenger).
You must obey all laws, regulations, orders, and other requirements of all countries you will exit, enter, or through which you will transit during your journey.
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 booking and at the time of making your booking. 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.
If requested, you must 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. We have the right to require you to present to us any of these documents at any time before or during your carriage.
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.
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 Article 13.1. We have the right to refuse carriage in this way even if you have started or completed part of your carriage before it becomes clear to us (whether as a result of operation of Article 13.1.4 or otherwise) that you have not complied with Article 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 must reimburse us in full on request 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 to you the fare paid for carriage to the airport where you were refused entry.
13.3 Passenger responsible for fines, detention costs and other charges
You must reimburse us in full on request 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 may 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 Customs 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 must 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. See also Article 8.6 for security checks on your Baggage
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. See Article 15.2 for limitations of our liability for such carriage.
LIABILITY FOR DAMAGE
15.1 Applicable rules
Our liability will be determined by applicable law and these Conditions of Carriage. Where other airlines are involved in your journey, their liability will be governed by applicable law and, unless these Conditions of Carriage state otherwise, their conditions of carriage. Provisions concerning our liability are set out in Articles 15.2 to 5.6
15.2 Scope of liability
We will be liable only 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 limitations
Our liability will be subject to applicable laws & regulations.
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.
We may be wholly or partly exonerated from liability to you for Damage if we prove that the Damage did not result from our negligence, or that it resulted from the negligence of a third party, or that we took certain measures to avoid the Damage or that it was impossible to take such measures.
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 where we state otherwise in these Conditions of Carriage, we will be liable to you only for compensatory damages you are entitled to recover for proven losses and costs under applicable laws & regulations which may apply.
Your contract of carriage with us (including these 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.
Nothing in these Conditions of Carriage:
gives up or waives any exclusion or limitation of our liability available under applicable local law unless otherwise expressly stated in writing by us; or
prevents us from excluding or limiting our liability under applicable laws which apply, or gives up any defence available to us thereunder 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 applicable law as well as the following supplementary rules:
Our liability for proven damages will not be subject to any financial limits, be it defined by the law, the Warsaw or other conventions, or otherwise;
For any proven damages up to USD 50,000, 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;
We agree to make advance payments to you or your heirs subject to the following terms and conditions:
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);
you are, or the person receiving payment is, entitled to compensation under applicable laws;
payments will be made only in respect of immediate economic needs;
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 USD 15,000 per Passenger;
payment will be made only after the identity of the person entitled to compensation has been established under applicable laws and all related investigations are concluded;
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;
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 Article 15.4.3(b) Or he or she or the Passenger to whom the payment relates, caused or contributed to the Damage to which the payment relates;
payments will be off-set against any subsequent sums payable in respect of our liabilities under applicable laws;
except for payment of the minimum sum specified in Article 15.4.3(d) in respect of death, a payment will not exceed the maximum damages for which we may be liable to pay the recipient;
the making of a payment will not constitute recognition or admission of liability by us;
no payment will be made unless the person receiving payment gives us a signed receipt which also acknowledges the applicability of Articles 15.4.3(g), (h) and (j);
save to the extent in conflict with any applicable law, and subject to payment of the minimum sum specified in Article 15.4.3(d) in the case of death, our decision in relation to the payment amount will be final.
We will not be liable for Damage to Unchecked Baggage unless we caused the Damage by our negligence.
We will not be liable for Damage to Baggage resulting from the inherent defect, quality or vice of the Baggage (for example, destruction of, or damage caused by or to, fragile, perishable and other items which you are prohibited from including in your Baggage by Articles 8.3 and 8.4). Likewise, we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigors of transportation by air (see also Article 8.7.6 regarding the suitability of your Baggage for transportation by air).
Our liability for Damage to Baggage is limited to the maximum amounts stated in Articles 15.5.4.
(a) to (d) unless you 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. You may wish to make a special declaration of value (see Article 15.5.5) or buy yourself insurance to cover instances where the actual value or replacement cost of your Checked Baggage or Unchecked Baggage exceeds our liability.
USD 400 per Passenger applies to Damage to Unchecked Baggage where the law applies to your carriage;
USD 20 per kilogram, or any higher sum agreed by us pursuant to Article 15.5.5, applies to Damage to Checked Baggage where the law applies to your carriage;
The limit of liability for Damage to both Unchecked and Checked Baggage laid down by local law applies to your Baggage;
The limits of liability for Damage to both Unchecked and Checked Baggage specified in SECTIONS 15.5.4(a) and (b) apply to Damage to Unchecked Baggage and Checked Baggage respectively where no limit of our liability is laid down by applicable local law.
We may increase our liability to you for Damage to Checked Baggage to an amount specified by you and agreed by us at the time you hand your Checked Baggage to us at check in, but only if you pay to us an additional charge calculated in accordance with our Regulations. This is known as a special declaration of value. Please ask us for details of the applicable charges if you want to use this option.
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.
15.6 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 these Conditions of Carriage.
15.7 Advice to international Passengers on limitation of liability
Where your journey involves an ultimate destination or stop in a country other than the country of origin, you are advised to be aware of the applicable law including any section entirely within the country of origin or destination. Where covered by applicable law, the airline is liable for proven damages for death or personal injury. Where the conditions of carriage of many airlines (including Libyan Wings), as specified in SECTION 15.4 above) provide that the liability for death or bodily injury will not be subject to any financial limit defined by applicable law and that, in respect of such damage up to a maximum of USD 75,000, 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;
- for such passengers on a journey to, from or with an agreed stopping place in the USA, the applicable law 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 USD 75,000 per Passenger, and that this liability up to such limit will not depend on negligence on the part of the airline; and
- for such Passengers travelling by an airline not a party to such special contracts or on a journey to which the law 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 USD 10,000 or USD 20,000; and
- some countries impose higher limits than those stated in (i) and (ii).The names of airlines or parties to such special contracts of the type mentioned in (i) above, are available at all ticket offices of such airlines and may be examined on request.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the airline’s liability under the applicable law such special contracts of carriage of the type mentioned in (i) above. For further information, please consult your airline or insurance company representatives.
The limit of liability of USD 75,000 specified in (i) above of this SECTION 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 USD 58,000 exclusive of legal fees and costs.
TIME LIMITS FOR BAGGAGE CLAIMS, PROCESSING OF BAGGAGE CLAIMS AND TIME LIMITS FOR ALL ACTIONS FOR DAMAGES
16.1 Time limit for Baggage claims
If you, or the person holding the Baggage Check and Baggage Identification Tag with your authority, receives Checked Baggage without complaint, the absence of complaint will be sufficient evidence that the Checked Baggage was received in good condition unless you prove otherwise.
If you want to claim compensation from us for Damage to Checked Baggage, you must notify us as follows.
if the Damage to Checked Baggage is physical in nature you must notify us in writing within 48 hours of receipt of the Checked Baggage;
if the Damage consists of total or partial loss of Checked Baggage you must notify us in writing within 48 hours of the date the Checked Baggage arrived or should have arrived;
if you want to claim compensation from us for delay of Checked Baggage, you must notify us in writing within 48 hours from the date the Baggage was placed at your disposal.
16.2 Processing of Baggage claims
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 USD 10 or is more than 5 years old and has a claims value of less than USD 50.
In the case of a compensation claim concerning physical damage to Baggage, you must retain and, if requested by us, let us examine the affected Baggage so that we may assess the nature, extent and repair of that damage.
If you wish to claim the cost of replacement of an individual item which forms part of a claim for compensation for Damage to Baggage, you must consult us before you incur such cost otherwise we may not include the cost in any compensation payable. This requirement will not apply where the total cost of replacement items does not exceed USD 50. Proof of purchase of all replacement items must accompany your claim.
Proof of purchase will not be required in relation to any item which costs less than USD 5.
For all claims for compensation concerning Baggage, you must provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.
If required by us, you will sign a statement of truth regarding the facts of your claim for Damage to Baggage before we pay any compensation to you.
Failure by you to fully comply with the relevant requirements of SECTION 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 48 hours 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.
Some aspects of your carriage may be governed by our Regulations in addition to these Conditions of Carriage. Wherever applicable, you must obey our Regulations (but see SECTION 2.4 for what happens if these Conditions of Carriage are inconsistent with any of our Regulations).
We have Regulations concerning, for example, unaccompanied children, pregnant women, passengers with reduced mobility and/or visually impaired passengers, sick passengers, carriage of animals (including service animals), restrictions on use of electronic devices on board aircraft, forbidden items in Baggage and limits on the size and weight of Baggage.
We will use reasonable efforts to make correct decisions about the interpretation of applicable laws, regulations, orders or governmental policy for the purposes of SECTION s 7.1 (our right to refuse carriage), and 11.1.1 (your conduct aboard aircraft). Sometimes 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.
Where we expressly state in these Conditions of Carriage that you must comply with applicable law or applicable governmental, ICAO or IATA requirements, you must make sure that you comply with such applicable law or requirements at all times and especially on the date or dates of your carriage.
All dates and periods of time referred to in these Conditions of Carriage will be ascertained in accordance with the Gregorian calendar.
The title of each SECTION of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.