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R.A. ROMAVIA
General Conditions of Carriage (Passenger and Baggage)
General Information for Your Flight
Article 1: Definitions
Article 2: Applicability
Article 3: Tickets
Article 4: Fares, Taxes, Fees and Charges, Currency
Article 5: Reservations
Article 6: Check-in and Boarding
Article 7: Refusal and limitation of carriage
Article 8: Baggage
Article 9: Schedules, Delays, Cancellation of Flights, Denied boarding compensation
Article 10: Refunds
Article 11: Conduct Aboard Aircraft
Article 12: Arrangements for Additional Services
Article 13: Travel documents, entry, customs and security
Article 14: Liability for Damage
Article 15: Time Limitations for Claims and Actions
Article 16: Other Conditions
Article 17: Miscellaneous
Article 1: Definitions
”Airline Designator Code” means the two-characters or three letters which identify particular air carriers.
“Authorized Agent” means a passenger sales agent who has been appointed by us to represent us in the sale of air passenger transportation over our service.
”Baggage” means your personal property accompanying in connection with your trip. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger.
”Baggage Check” means those portions of the ticket which relate to the carriage of the passenger’s checked baggage.
”Baggage Identification Tag” means a document issued by us which is attached to a particular piece of checked baggage for identification of such baggage, of which one part is attached to the checked baggage and a second part is given to the passenger.
“Carriage” means carriage of passenger and/or baggage by air, gratuitously or for reward, including transportation services incidental thereto.
”Carrier” means ROMAVIA, whose Airline Designator Code appears on your Ticket.
”Checked Baggage” means Baggage of which we take sole custody and for which we have issued a Baggage Identification Tag.
”Check-in Deadline” means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.
”Conditions of Contract” means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference these Conditions of Carriage and notices.
”Convention” - whichever of the following apply:
The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 ( the Warsaw Convention).
The Warsaw Convention as amended at The Hague on 28 September 1955.
The Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975).
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975).
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975).
The Guadalajara Supplementary Convention (1961).
The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 ( the Montreal Convention).
“Coupon” means a paper Flight Coupon or an Electronic Coupon, each of which entitles the named passenger to travel on the particular flight identified on it.
“Damage” includes death, wounding, or bodily injury to a passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.
”Days” mean calendar days, including all seven days of the week: provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.
“Electronic Air Ticket” means the Itinerary/Receipt issued by us or on our behalf, which entitles the named passenger to travel on the particular flight identified on it.
“Electronic Coupon” means an electronic flight coupon or other value document held in our database.
”Force Majeure / Forces Outside the Control of ROMAVIA R.A” means extraordinary circumstances which could not have been avoided even if all reasonable measures have been taken, such as but not limited to cases of acts of God, political instability, unfavorable weather conditions, safety and security risks, strikes, air traffic management decisions.
“Fare” means total price of the carriage consisting of the Net Fare, VAT, if applicable, airport fees, taxes, charges, service fees or other charges applicable pursuant to the valid domestic or international regulations or applied by the domestic or foreign authorities and/or Carrier.
“Fare rules” means the general conditions valid for each class Fare accepted by you at the time of reservation.
“Flight Coupon” means the portion of the Ticket that bears the notation “good for passage” or in the case of an Electronic Ticket, it means the Electronic Coupon and indicates the particular places between you are entitled to be carried.
“Governing Law” means the law of a certain state that is applicable with respect to the contractual relationship, the relevant regulations of the European Union.
“IATA” – International Air Transport Association
“ICAO” – International Civil Aviation Organization
“Information Centre” means reservation and information center operated by Carrier at its head office, at phone number :00 40 21 3169960, fax no: 00 40 21 3169957, e-mail: ticketing@romavia.ro
“Itinerary/Receipt” means a travel document or documents we issue to Passengers traveling on Electronic Air Tickets that contains the passenger’s name and the flight details such as flight number, place of departure and place of destination, the agreed stop place if any, date of flight, departure and arrival times, the Fare and further notices relevant for the journey. This document is to be retained by the passenger and to be carried during the whole journey.
”Net Fare ” means the price of air carriage exclusive of VAT, airport fees, taxes, charges, service fees or other charges collected by Carrier and/or by the domestic or foreign authorities applicable pursuant to the valid domestic or international regulations.
”Passenger” means any person, except members of the crew, whose name is stated on the Ticket, to be carried in an aircraft with our consent.
”Place of Departure” means the airport from which travel initially commences as shown on the Electronic Air Ticket.
“Place of Destination” means the airport where the passenger reaches his ultimate stopping place as shown on the Ticket.
“SDR” means a Special Drawing Right as defined by the International Monetary Fund.
”Stopover” means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
”Tariff” means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.
”Ticket” means either the document entitled “Passenger Ticket and Baggage Check”, the Itinerary/Receipt or the Electronic Air Ticket, in each case issued by us or on our behalf and includes the Conditions of Contract and notices.
“Travel Documents” means documents (such as national photo ID card when applicable, passport, visa, permits, certificates, exit, entry, health and other documents, letters of invitation, etc.) required by laws and regulations of the countries affected by the carriage for crossing the border and to stay in the given state.
”Unchecked Baggage” means any baggage of the passenger other than checked baggage.
“Website” means the internet site www.romavia-ticketing.com provided by us for the purpose of Passengers making on-line reservations.
“We” means ROMAVIA R.A.
”You” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a ticket. (See also definition for "Passenger".)
Article 2: Applicability
2.1. General
These Conditions are the Conditions of Carriage referred to in the Ticket and except as provided in Articles 2.2., 2.3. and 2.4., our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code (RMV) is indicated in the carrier box of the Ticket for that flight or flight segment.
2.2. Charters
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the Ticket.
2.3. Overriding Law
These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail.
If any provision of these Conditions of Carriage is invalid under applicable law, the other provisions shall nevertheless remain valid.
2.4. Conditions Prevail over Regulations
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, dealing with particular subjects, these Conditions of Carriage shall prevail.
Article 3: Tickets
3.1. General Provisions
3.1.1. We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.
3.1.2. A Ticket is not transferable.
3.1.3. Some Tickets are sold at fares which may be partially or completely non-refundable. You may also wish to ensure that you have appropriate insurance to cover instances where you might have to cancel your Ticket or are prevented from traveling.
3.1.4. If you have a non-refundable Ticket that is unused and you are prevented from traveling 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 for fare, for future travel on us subject to deductions of a reasonable administration fee.
3.1.5. The Ticket is and remains at all times the property of the issuing Carrier.
3.1.6. 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 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 Authorized 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 evidence that a valid Electronic Ticket has been duly issued in your name.
3.1.7. Replacement Tickets
3.1.7.1. 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 for misuse of the Ticket. We will not claim reimbursement from you for any such losses which result from our own negligence. We 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 Authorized Agents.
3.1.7.2. Where such evidence is not available or you do not sign such an agreement, we may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when we are 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 us, the foregoing refund will be processed at that time.
3.1.8. A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.1.9. Requirement for Electronic Air Ticket You shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Air Ticket has been duly issued in your name.
3.2. Period of Validity
3.2.1. Except as otherwise provided in the Ticket, or in these Conditions of Carriage, a Ticket is valid for the specific periods of time mentioned in the Fares rules at the time of purchase of the Ticket.
3.2.2. When you are prevented from traveling 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.
3.2.3. Extension of Validity
3.2.3.1. If after having commenced your journey, you are prevented from traveling 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 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 one month from the date shown on such a certificate. In such circumstances, we will similarly extend the period of validity of Tickets of the other members of your immediate family accompanying you.
3.2.3.2. 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 30 (thirty) days from the date of death.
3.3. Changes Requested by Passenger
3.3.1. The Ticket you have purchased is valid and its calculation is based on the complete transportation as shown on the Ticket, from the place of departure as entered in the Ticket to the place of destination as entered in the Ticket. You shall not be entitled to carriage under Ticket and the Ticket is not longer valid if you do not use its Coupons completely and in order shown on the Ticket. Since calculation of the fare is owed will be based on the route actually flown, usage of the complete routing shown on the Ticket forms an essential part of our contract with you. The Contract excludes the cancellation of individual part (Coupons) of the journey.
3.3.2. Should you wish to change any aspect of your transportation you must contact us in advance. Your changes will be subject to an administration fee.
3.3.3. Please be aware that while some types of changes will not result in a change of fare others will result in an increase in price.
3.3.4. Each Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved.
3.3.5. 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 onwards reservations. However, if you advise us in advance, we will not cancel your flight reservations but Article 3.3.3. will be applicable in this case.
3.4. Name and Address of Carrier Our name may be abbreviated to the ROMAVIA Designator Code on the Ticket. The address of our head office is Bdul. Dimitrie Cantemir no. 1 , Bl. B2, Sector 4, Bucharest, Romania. For further details of how to contact us please refer to our website at www.romavia.ro.
Article 4: Fares, Taxes, Fees and Charges, Currency
4.1. Fares
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transportation service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may increase the fare to be paid.
4.2. Taxes, Fees and Charges
Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or change is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.
4.3. Currency
Subject to applicable law, fares and charges are payable in any currency acceptable to us, unless another currency is indicated by us or the applicable law. When payment is made in the country of departure in a currency other than the currency in which the fare is published, the exchange rate for such payment will be the banker's buying rate set by us on the day the ticket is issued.
Article 5: Reservations
5.1. Reservation Requirements
5.1.1. We or our Authorized Agent will record your reservation(s). After reservation is registered we will provide you with written confirmation of your reservation(s) by e-mail or fax.
5.1.2. Certain fares have conditions which limit or exclude your right to change or cancel reservations.
5.1.3. You can make reservation by phone at our Information Centre number, through our Authorized Agents or on our website www.romavia.ro.
5.1.4. When making reservation, you must provide us with your phone number and e-mail address (or fax number or other contact) at which we will be able to inform you on short notice about important matters concerning reservation (hereinafter the “contacts“). You are liable for correctness and functionality of the contacts provided to us. The passenger is obliged to inform us about any change of contacts.
5.1.5. On-line booking will not be accepted without immediate payment; however money transfer is available for bookings made by phone at our Information Centre, in which case the payment will be made within 12 hours.
5.1.6. We will register your reservation and will provide you with an Electronic Air Ticket either via e-mail, fax or directly at our Agency.
5.1.7. The passenger or person paying for the carriage is required to inform us about any physical disability or reduced mobility, upon reservation. If you have any serious or contagious disease, or any other condition requiring medical care it is your responsibility to obtain medical advice on whether you are fit to travel by air. We will not be liable for any injuries suffered by you or for your death during travel by air which are due to such condition.
5.1.8. We reserve the right to require a complete medical certificate concerning your condition and fitness to travel by air, containing explicit medical approval for carriage by air, in any of the cases mentioned in Article 5.1.7.
5.1.9. Should you fail to meet the requirements set out in Articles 5.1.7. and 5.1.8. we will refuse your reservation and carriage.
5.2. Ticketing Time Limits If you have not paid for the Ticket prior to specify ticketing time limit, as advised by us or our Authorized Agent which issued the Ticket, your reservation will be cancelled.
5.3. Personal Data
You agree that personal data has been given to us for the purposes of:
- making a reservation,
- purchasing a Ticket,
- accounting, billing and auditing
- verifying and screening credit or other payment cards
- safety, security, health, administrative and legal purposes
- obtaining ancillary services,
- developing and providing services,
- facilitating immigration and entry procedures,
- making available such data to government agencies and communicating with you in connection with your travel.
For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, the Authorized Agent which issued the Ticket, government agencies, other Carriers or the providers of the above-mentioned services.
5.4. Seating
We will endeavor to honor advance seating requests, however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
5.5. Reconfirmation of Reservations
You may have to reconfirm onward or return reservations within specified time limits. We will tell you if you need to reconfirm and how and where you should do this. If you fail to reconfirm, we may decide to cancel your onward or return reservations. However, if you advise us you still wish to travel, and there is space on the flight, we will reinstate your reservations and transport you. If there is no space on the flight, we will reinstate your reservations and transport you to your next or final destination.
5.6. Cancellation of Onward Reservation and Service Charge when Space not Occupied
Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your return or onward reservation. However, if you do advise us in advance, we will not cancel your subsequent flight reservation.
Article 6: Check-in and Boarding
6.1. Check-in Deadlines are different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honor them. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. We or the Authorized Agent which issued the Ticket will advise you of the Check-in Deadline for your first flight on us. The Check-in Deadlines are 45 minutes prior to departure if not otherwise mentioned.
6.2. You must be present at the boarding gate not later than the time specified by us when you check in.
6.3. We reserve the right to cancel the space reserved for you if you fail to arrive at the boarding gate in time.
6.4. We will not be liable to you for any loss or expense incurred, which is caused solely by you due to your failure to comply with the provisions of this Article.
Article 7: Refusal and limitation of carriage
7.1. Right to refuse carriage
7.1.1. We may refuse to carry you and/or your baggage or further carriage for reasons of safety and/or good order or if, in the exercise of its reasonable discretion, we determine that such action is necessary:
(a) in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over;
(b) because your conduct, age or mental or physical state, or reasonably seems to be, such as to:
(1) require special assistance of which we cannot reasonably provide;
(2) cause discomfort or make yourself objectionable to other passengers; or
(3) involve any hazard or risk to yourself or to other persons or to property;
(c) because you are drunk or under the influence of drink or drugs;
(d) because you are, or appear to be in the unlawful possession of drugs;
(e) because you have failed to observe any of our reasonable instructions , given in order to ensure safe, efficient and comfortable carriage for all passengers or to enable us otherwise to comply with your obligations towards any other passengers;
(f ) because you have expressed yourself in such a way or displayed such behaviour that doubt exists with respect to the safety to carry such person. Such expression or behaviour includes the use of threatening, abusive or insulting language towards ground staff or crew;
(g) because you have refused to submit to a security check by us or by any airport or government official;
(h) because you are threatening to endanger or already have endangered the safety of one or more persons, goods or the aircraft itself. Such threats include a hoax bomb threat ;
(i) because the applicable fare or any charges- or taxes payable has/have not been paid, or credit arrangements agreed between us and you have not been complied with;
(j) because the Custom and/or Immigration Authority or indeed any other government authority informed us (either orally or in writing) that you are not allowed to travel. This includes the situation in which we have received a negative travel advice regarding you from such Authority, for example in cases where you are suspected of (intent to) drug smuggling.
(k) because you do not appear to be properly documented;
(l) because you may seek to enter a country through which you may be in transit, or for which you do not have a valid entry document;
(m) because you may cause to destroy or loose, either deliberately or otherwise, your documentation during the flight;
(n) because
i. the ticket presented by you:
(1) appears to be invalid;
(2) appears to have been acquired unlawfully or to have been purchased from an entity other than than us or our Authorized Agent;
(3) has been reported lost, stolen, fraudulent or otherwise suspicious;
(4) appears to be a counterfeit ticket;
(5) contains any flight coupon which appears to have been altered by anyone other than us or our Authorized Agent, or has been mutilated, in which cases we reserve the right to retain such ticket; or
ii. the person presenting the ticket cannot prove that he is the person named in the Ticket, in which cases we reserve the right to retain such ticket.
(o) because you have previously committed one of the acts or omissions referred to above, and we have reason to believe that such conduct may be repeated.
(p) because the Immigration/Customs Authority and/or we have notified you in writing that we would not at any time after the date of such notice carry you on our flights, for a certain period or forever.
7.1.2. No refund shall be given by us where you are refused carriage on the basis of Article 7.1.1 (i, j and n).
7.1.3. If you are refused carriage or removed en route for any other reasons specified in Article 7.1.1. of this Article the provisions of Article 9.3. will be applied.
7.1.4. Carriage of unaccompanied children, pregnant women, or persons with illness, incapacitated persons or other people requiring special assistance shall only be performed subject to our prior consent. Women with an uncomplicated pregnancy over 36 weeks shall in any event not be carried; in case of a complicated pregnancy (such as carrying twins) this time limit shall be earlier, in consultation with us. After having received our prior consent such passengers shall not be subsequently refused carriage on the basis of such disability and/or special requirements.
7.1.5. If you fail to inform us of a mental or physical condition or incapacity within the meaning of Article 7.1.4, and as a result of that condition, we divert the aircraft to an unscheduled place of destination, we are entitled to recover the reasonable costs of the diversion and other related costs from you.
7.2. Carriage of Children
Children who have not yet reached their 5th birthday may only travel in the company of an adult of at least 18 years or brother or sister of at least 16 years. The carriage of unaccompanied minors (age between 5 and 12) is not allowed.
Article 8: Baggage
8.1. Free Baggage Allowance
You may carry some Baggage, free of charge, subject to our conditions and limitations, which are mentioned in the Ticket or are available upon request from us or our Authorized Agents.
8.2. Excess Baggage
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us or our Authorized Agents which issued the Ticket upon request and subject to the availability on board the aircraft. We reserve the right to refuse any excess of baggage if this should affect the flight’s safety, without any further responsibility and liability from our part.
8.3. Items Unacceptable as Baggage
8.3.1. You must not include in your Baggage:
8.3.1.1. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the ICAO or IATA Dangerous Goods Regulations which are available from us or the Agent which issued the Ticket by request. Especially the following items are unacceptable as baggage: explosives, compressed gases, corrosives, oxidizing, radioactive or magnetized materials, materials that are easily ignited, poisonous, offensive or irritating substances, and liquids of any kind (other than liquids in passenger's unchecked baggage for his/her use in the course of the journey);
8.3.1.2. items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
8.3.1.3. items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available from us or the travel agency upon request.
8.3.2. If you are in possession of, or your baggage includes (a) weapons of any kind, in particular side arms and sprays used for offensive or defensive purposes, (b) munitions and explosives, (c) articles which, judging by their outward appearance or markings, appear to be weapons, ammunitions or explosives, you have to present them to us for inspection, prior to commencement of carriage. We accept such articles for carriage only if they are carried as cargo or checked baggage in accordance with the regulations governing carriage of dangerous goods. Sentence 2 shall not apply to police officers who, in performance of their official duties, are required to carry arms. During the flight they shall hand over their arms to the pilot in command.
8.3.3. Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 8.3.1.1.
8.3.4. We are not liable for any items referred to in 8.3.1. and 8.3.2. if these, despite being prohibited, are deliberately included in your baggage.
8.4. Right to Refuse Carriage
8.4.1. Subject to Articles 8.3.2 and 8.3.3., we will refuse to carry as Baggage the items described in 8.3., and we may refuse further carriage of any such items upon discovery.
8.4.2. We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, and weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
8.4.3. We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers.
8.5. Search of Passengers and Baggage
We may request you to permit a search, x-ray or other type of scan to be made of your person and your baggage, and may search or have searched your baggage in your absence, for the purpose of determining whether or not you are in possession of or whether your baggage contains any item named in Article 8.3. of this article or contains any arms, weapons or ammunition in respect of which Article 1(b) of this article has not been complied with, for tracing purposes or for reasons of safety and security, and in order to ensure that provisions in respect of baggage are complied with. If the passenger is unwilling to comply with such request, Carrier may refuse to carry the passenger or baggage. In the event an x-ray or other scan causes damages to the passenger or his baggage, Carrier shall not be liable for such damage except in case of Carrier’s wilful misconduct or gross negligence.
If the passenger is unwilling to comply with a request to permit a search to be made of his person or his baggage to determine the presence of articles which are inadmissible according to or which have not been presented in accordance with Article 8.3. We may refuse to carry the passenger or his baggage and in that event we shall be under no liability to the passenger except to refund him in accordance with Article 10.3. of these Conditions of Carriage.
8.6. Checked Baggage
8.6.1. Upon delivery to us of baggage to be checked we shall take custody thereof. We will there upon make an appropriate entry on the ticket which act shall constitute the issue of the baggage check. Baggage (identification) tags that may be issued by us in addition to the baggage check are for identification purposes only.
8.6.2. Checked Baggage must have your name or other personal identification affixed to it.
8.6.3. Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
8.7. Unchecked Baggage
8.7.1. We may specify maximum dimensions and weight for Baggage which you carry on to the aircraft. If we have not done so, Baggage you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.
8.7.2. Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.7.1. above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
8.8. Delivery of Checked Baggage
8.8.1. You must collect your Checked Baggage as soon as it is made available at you destination or stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within 3 months of the time it is made available, we may dispose of it without any liability to you.
8.8.2. Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage.
8.8.3. If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage (identification) tag, if one has been issued, we will deliver the baggage to such person only on condition that he establishes to our satisfaction his right thereto.
8.9. Animals
8.9.1. Carriage of dogs, cats, domesticated birds and other pets is subject to our approval. It is contingent on the fact that the animals are properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit. We reserve the right to determine the manner of carriage and to limit the number of animals which may be carried on a flight.
8.9.2. The weight of accompanied pets including the weight of containers and food carried shall not be included in the free baggage allowance of the passenger but shall be charged to and paid by the passenger at the rate applicable to excess baggage.
8.9.3. We will have no liability in respect of any such animal not having all the necessary documents for entry into or passage through any country unless such damage has been caused by our gross negligence or willful misconduct. The passenger is liable for all damages which a pet might cause to others.
Article 9: Schedules, Delays, Cancellation of Flights, Denied boarding compensation
9.1. Schedules
9.1.1.The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.
9.1.2. Before we accept your booking, we will notify you of scheduled flight time in effect as of the time, and it will be shown on your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 10.2. If the legal liability rules apply, the conditions of Article 9.3. will be applied.
9.2. Cancellation, Rerouting, Delays, etc.
9.2.1. We will take all necessary measures to avoid delay in carrying you. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances beyond our control we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
9.3. Non-Carriage due to Overbooking. Flight Cancellation. Flight Delay
In case of a denied boarding, flight cancellation or flight delay we offer the appropriate remedies within the scope of the applicable laws and regulations.
Article 10: Refunds
10.1. Generals
We will refund the countervalue of a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, as follows:
Person to whom refund will be made
10.1.1. Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket or, to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.
10.1.2. If a Ticket has been paid for by a person other than the passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order.
10.1.3. A refund made to anyone presenting the passenger coupon and all unused flight coupons and holding himself out as a person to whom refund may be made in terms of Articles 10.1.1. or 10.1.2. shall be deemed a refund to such person.
10.2. Involuntary Refunds
10.2.1. If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight which you hold a reservation, the amount of the refund shall be:
10.2.1.1. if no portion of the Ticket has been used, an amount equal to the fare paid,
10.2.1.2. if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.
10.3. Voluntary Refunds
10.3.1. If you are entitled to a refund of your Ticket for reasons other than those set out in 10.2., the amount of the refund shall be:
10.3.1.1. if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
10.3.1.2. if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
10.4. Refund on Lost Ticket
10.4.1. If you lose your Ticket or portion of it, upon furnishing us with satisfactory proof of the loss and payment of a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition:
10.4.1.1. the lost Ticket or portion thereof has not been used or previously refunded or replaced without charging the ticket fare again (except where the use, refund or replacement by or to a third party resulted from our own negligence).
10.4.1.2. the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from our own negligence).
10.4.2. If we or our Authorized Agent lose the Ticket or a portion of it, the loss shall be our responsibility.
10.5. Refusal of Refunds
10.5.1. We may refuse refund when application therefore is made later than three months after the expiry of the validity of the Ticket.
10.5.2. We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport.
10.6. Currency
All refunds will be subject to government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and to the country in which the refund is being made. Subject to the foregoing provision, refunds will be made in the currency in which the fare was paid.
10.7. By whom Ticket Refundable
Voluntary refunds will be made only by us or by our Authorized Agent which originally issued the Ticket.
Article 11: Conduct Aboard Aircraft
11.1. General
If, in our reasonable opinion you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint.
You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft. If, as a result of conduct as described above, we decide to divert the aircraft for the purpose of offloading you , you must pay all costs resulting from that diversion.
11.2. Electronic devices
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
11.3. None Smoking Flights
All ROMAVIA flights are non-smoking flights. Smoking is prohibited in all areas of the aircraft.
11.4. Seat belts compulsory
While being on your seat on board the aircraft you have the obligation to fasten your seat belt during the entire flight.
Article 12: Administrative Formalities
12.1. General
12.1.1. You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
12.1.2. We shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
12.2. Travel Documents
Prior to travel. you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.
12.3. Refusal of Entry
If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. We may apply to the payment of such fare any funds paid to us for unused carriage, or any funds of the passenger in the possession of us. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by us.
12.4. Passenger responsible for Fines, etc.
If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on our ticket, or any of your funds in our possession. The value of fine or penalty can vary from country to country and may be of a higher value as the fare paid for your ticket. In your own interests be aware to observe the admission regulations of each country you intend to travel to.
12.5. Customs Inspection
If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
12.6. Security Inspection
You are obliged to submit to any security checks by Governments, airport officials, Carriers or by us.
Article 13: Liability for Damage
13.1. General
13.1.1.The liability of ROMAVIA will be determined by its own Conditions of Carriage. These govern our liability to you. The conditions of carriage of each other carrier involved in your journey govern its liability to you. Other carriers may have lower limits of liability.
13.1.2. Our liability for the carriage of passengers and baggage is governed by the Convention. This clause summarises the liability rules applied by us and sets out the limits on our liability but if it is inconsistent with the Convention or other applicable laws, the Convention or other applicable laws will override this clause.
13.1.3. Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
13.1.4. We are liable only for damage occurring on our own flights.
13.1.5. If the air carrier actually performing the flight is not the same as the contracting air carrier, you have the right to address a complaint or to make a claim for damage against either. If the name or code (Code Share) of an air carrier is indicated on the ticket, that air carrier is the contracting carrier.
13.1.6. We are not liable for any damage arising from the fact that we have obeyed laws or government rules and regulations, orders or requirements, or from the fact that you have not obeyed laws or government rules and regulations.
13.1.7. We are liable to you only for compensatory damages which you are entitled to recover for proven losses and costs under the Convention. Our liability shall not exceed the amount of proven damages.
13.1.8. Any exclusion or limitation of liability applying to us shall in the same way apply to our agents, servants, employees and representatives and any person whose aircraft is used by us and such person's agents, servants, employees and representatives. The aggregate amount recoverable from us and from such agents, servants, employees, representatives and persons shall not exceed the amount of our limit of liability, if any.
13.1.9. Unless so expressly provided nothing herein contained gives up any exclusion or limitation of liability to which we are entitled under the Convention or applicable laws.
13.2. Compensation in Case of Death or Injury
13.2.1.There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximate 113,000 EUR) the air carrier cannot contest claims for compensation.
13.2.2. Notwithstanding the provisions of clause 13.2.1 we may be exonerated wholly or partly from our liability in accordance with applicable laws, if we prove that the damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the injured or deceased passenger or of the person claiming compensation.
13.2.3. To the extent that damages under this clause may potentially exceed 100,000 SDRs they will be reduced accordingly if we prove that the damage was not due to the negligence or other wrongful act or omission of us or our agents or that the damage was solely due to the negligence or other wrongful act or omission of a third party.
13.2.4. We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
13.3. Destruction, Loss or Damage to Baggage
13.3.1.We are liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximate 1,130 EUR). In the case of checked baggage, we are liable even if not at fault, unless the baggage was defective.
13.3.2. We are not liable for damage to unchecked baggage, unless the damage was caused by our negligence or the negligence of our agents.
13.3.3.We are not liable for any damage caused by your baggage.You are responsible for any damage caused by your baggage to other people and property, including our property.
13.3.4. We are not liable in any way whatever for damage to items which you include in your checked baggage although you are forbidden from including them under Article 8, or in the case of permitted firearms you have not complied with the conditions for including them under Article 8.3.3. These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, business documents, or passports and other identification documents.
13.3.5. Higher Limits for Baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
13.3.6. Complaints on Baggage
If the baggage is damaged, lost or destroyed the passenger must write and complain to the air carrier as soon as possible. In case of damage to checked baggage, the passenger must write and complain within seven days and in case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
13.3.7. We are not liable for damage to a passenger's baggage caused by property contained in passenger's baggage unless we caused such damage by our gross negligence or wilful misconduct. Any passenger whose property causes damage to another passenger's baggage or to the property of us shall indemnify us for all losses and expenses incurred by us as a result thereof.
13.4. Passenger and Baggage Delays
13.4.1. In case of passenger delay we are liable for damage unless we took all reasonable measures to avoid damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximate 4,700 EUR).
13.4.2. In case of a baggage delay we are liable for damage unless we took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability is limited to 1,000 SDRs (approximate 1.220 EUR).
Article 14: Time limits for baggage complaints
14.1. If you receive checked baggage without making a complaint, it will be sufficient evidence that it was delivered in good condition.
If the person with a baggage check or a baggage identification tag receives checked baggage without complaint, this will be sufficient evidence that the checked baggage has been delivered in good condition and according to the contract of carriage, unless you prove otherwise.
14.2. Complaints about damage to checked baggage must be made in writing within seven days of receiving the baggage.
If your checked baggage is damaged, you must complain in writing to us immediately you discover the damage and at the latest, within seven days from the date you received the checked baggage.
14.3. Complaints about delay to checked baggage must be made in writing within 21 days of the baggage being made available to you.
If your checked baggage is delayed, you must complain in writing to us within 21 days at the latest of the checked baggage being made available to you.
Article 15: Actions for damages must be brought within two years
You will have no right to damages if an action is not brought within two years calculated from:
the date of arrival at the place of destination
the date on which the aircraft ought to have arrived or
Article 16: Other Conditions
16.1. Carriage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions which may vary from time to time are important. They concern among other things: the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices and items, on board consumption of alcoholic beverages.
16.2. Regulations and conditions concerning these matters are available from us upon request.
16.3. Data Protection
16.3.1. Upon reservation you acknowledge that certain personal data (such as name, address, telephone number, credit card number/information) shall be disclosed to us for the purposes of making reservation, purchasing an itinerary, performing the contract and providing certain special services (such as facilities for passengers with reduced mobility) and for facilitating immigration and entry procedures. We will disclose your data to the proper authorities upon such request of theirs.
For these purposes you authorize us to retain and use such data and to transmit it to our own offices, government agencies, or the providers of the above mentioned services, if required.
16.3.2. Upon reservation you hereby consent to the controlling and processing or transferring to foreign countries of your personal data in accordance with data protection laws in force at all times.
16.3.3. We disclaim liability for damages arising from faulty or incomplete data processing from your part.
Article 17: Miscellaneous
17.1. The shorttitles of each Article of these Conditions are for convenience only, and are not to be used for interpretation of the text.
17.2. These conditions are considered as contract and it is considered as concluded at the moment of the payment of the fare.
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