Article I: Definitions
Agreed Stopping Place means those places, except the place of departure and the place of destination, set forth in the ticket or shown in Carrier’s timetables as scheduled stopping places on the passenger’s route.
Baggage means such articles, effects and other personal property which a passenger carries in connection with the trip and carriage of which is not excluded under these General Conditions of Carriage. Unless otherwise specified, it includes 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 the Carrier solely for identification of checked baggage; the baggage (strap) tag portion of which is attached by Carrier to a particular article of checked baggage and the baggage (identification) tag portion of which is given to the passenger.
Carrier includes the air carrier issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his/her baggage there under or perform or undertake to perform any other services related to such air carriage.
Carrier’s Regulations means rules, other than these General Conditions of Carriage, published by Carrier and in effect on date of ticket issue - such as timetables, fares governing carriage of passengers and/or baggage and shall include applicable fares.
Checked Baggage means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage check and one or more baggage (identification) tags.
Conjunction Ticket means a ticket issued to a passenger in conjunction with another ticket which together constitute a single contract of carriage.
Convention means whichever of the following instruments is applicable to the contract of carriage:
a) the Convention for the Unification of Certain Rules Relating to lnternational Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
b) the Warsaw Convention as amended at The Hague on 28 September 1955;
c) any other international convention regulating carriage by air;whichever is applicable to carriage under the contract of carriage.
Days means calendar days, including Sundays and legal holidays; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity the day upon which the ticket is issued or the flight commenced, shall not be counted.
Flight Coupon means that portion of the ticket that bears the notation ‘good for passage’ and indicates the particular places between which passenger is entitled to be carried.
Normat Fare means the highest fare approved for carriage in a given class of carriage.
Passenger means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.
Passenger Coupon or Passenger Receipt means that portion of the ticket issued by or on behalf of Carrier, which is so marked and which ultimately is to be retained by the passenger; it gives the written evidence of the contract.
special Fare means a fare which is lower than the normal fare.
stopover means a deliberate interruption of the journey by the passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by Carrier.
Tariff means the fare to be paid for carriage of a passenger and his/her baggage and the conditions (general and special tariff rules) covering such carriage.
Ticket means the document entitled ‘Passenger Ticket and Baggage Check’ issued by or on behalf of the Carrier and includes the Conditions of Contract and notices and the flight and passenger coupons contained therein.
Unchecked baggage means any baggage of the passenger other than checked baggage.
Article II: Applicability
1. a) Except as provided in Paragraphs 2., 3. and 4. of this Article, these General Conditions of Carriage shall apply to all carriage by air of passengers and baggage, performed by Carrier for reward.
b) These General Conditions of Carriage and Carrier’s Regulations shall also apply to gratuitous and reduced fare carriage except to the extent that Carrier has provided otherwise in its Regulations or in the relevant contracts or tickets.
Carriage to/from Canada and U.S.A.
2. a) These General Conditions of Carriage and Carrier’s Regulations shall apply to carriage between places in Canada or between a place in Canada and any place outside thereof only to the extent that they are incorporated in tariffs in force in Canada.
b) Flights to/from the U.S.A. shall be covered by the Austrian Airlines tariff TAB No.580/OS-1 as approved by the relevant authorities of the U.S.A.
3. If carriage is performed pursuant to a charter agreement, these General Conditions of Carriage and Carrier’s Regulations shall apply only to the extent that they are not amended or substituted by any terms of the charter agreement and the charter ticket.
4. To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention where applicable or in any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall remain applicable and be considered as part of the contract of carriage to the extent only that such provision is not contrary thereto. The invalidity of any provision in these General Conditions of Carriage or Carrier’s Regulations referred to in such provision shall not affect the validity of any other provisions of the General Conditions of Carriage or Carrier’s Regulations.
5. Except as provided herein, in the event of inconsistency between these General Conditions of Carriage and Carrier’s Regulations these General Conditions of Carriage shall prevail. Where tariffs in force in Canada or the U.S.A. apply, such tariffs shall prevail.
Article III: Tickets
Ticket as Prima Facie Evidence of Contract
1. a) The ticket shall constitute prima facie evidence of the contract of carriage between Carrier and the passenger named on the ticket. The Conditions of Contract contained in the ticket are a summary of essential provisions of these General Conditions of Carriage.
Requirement tor Ticket
b) A person shall not be entitled to be carried on a specified flight unless such person presents a ticket valid and duly issued in accordance with Carrier’s Tariff and containing the flight coupon for that flight including a confirmed reservation and all other unused flight coupons and the passenger coupon, subject to the provisions of Paragraph 3. b) of Article lll and Article V. A passenger shall not be entitled to be carried If the ticket presented is mutilated or If it has been altered subsequently except by Carrier or its authorized agent.
Loss and Mutilation of Ticket
c) ln case of mutilation or loss of a ticket or part thereof, or non presentation of a ticket containing the passenger coupon and all unused flight coupons, Carrier may at the passenger’s request replace such ticket or part thereof without demanding repayment of the fare on receipt of proof satisfactory to Carrier that a ticket valid for the carriage in question was duly issued. Carrier may, however, require the passenger to undertake in such form as may be prescribed by Carrier to pay Carrier the fare for the new ticket in the event and to the extent that the lost ticket or the missing flight coupons are used by any person for carriage or for claiming a refund.
Ticket not Transferabte
d) A ticket is not transferable. If a ticket is presented by someone other than the person entitled to be carried there under or to a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage or makes a refund to the person presenting the ticket.
Period of Vatidity
2. a) A ticket issued at the normal fare shall be valid for carriage for one year from the date of commencement of flight or if no portion of the ticket is used, from the date of issue thereof. A ticket issued at other than the normal fare shall be valid for carriage or for refund only for the period prescribed in Carrier’s Regulations or in the tariff or in the ticket itself.
Extension ot Vatidity
b) If a passenger is prevented from travelling within the period of validity of the ticket because Carrier:
(i) cancels the flight on which the passenger holds a reservation; or
(ii) omits a scheduled stop, being the passenger s place of departure, place of destination or stopover; or
(iii) fails to operate a flight reasonably according to schedule; or
(iv) causes the passenger to miss a connection; or
(v) substitutes a different class of service; or
(vi) is unable to provide previously confirmed space;
the validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available in the class of service for which the fare has been paid.
c) When a passenger holding a normal fare ticket or a special fare ticket which has the same period of validity as a normal fare ticket is prevented from travelling within the period of validity of the ticket because at the time such passenger requests reservation Carrier is unable to provide space on the flight, the validity of such passenger’s ticket shall be extended until Carrier’s first flight on which space is available in the class of service for which the fare has been paid.
d) When a passenger having commenced his/her journey is prevented from continuing his/her journey within the period of validity of the ticket by reason of illness, Carrier shall extend the period of validity of such passenger,s ticket (provided the regulations governing the tariff according to which the ticket was issued permit an extension of the period of validity in the event of illness). Such extension shall be until the date when the passenger becomes fit to travel according to a medical certificate, or until Carrier’s first flight after such date from the point where the journey is to be resumed in the class of service for which the fare has been paid. When the flight coupons remaining in the ticket involve one or more stopovers, the period of validity of such ticket shall be extended for not more than three months from the date of fitness to travel given on such medical certificate in the case of a normal fare ticket or a special fare ticket having the same period of validity as a normal fare ticket, and for not more than seven days in any other case. ln such circumstances, Carrier shall extend similarly the period of validity of tickets of other members of his/her immediate family accompanying the incapacitated passenger.
e) ln the event of death of a passenger en route, the tickets of the persons accompanying the passenger may be modified by waiving any minimum stay conditions or by extending the validity. ln the event of a death in the immediate family of a passenger who has commenced travel, the passenger’s ticket and those of his/her immediate family accompanying the passenger may be likewise modified. Any such modification shall be made upon presentation of a proper death certificate and extension of validity shall be for a period no longer than 45 days from the date of the death.
Flight Coupon Sequence
3. a) Carrier will honour flight coupons only in sequence from the place of departure as shown on the ticket.
b) When the first flight coupon for international travel has not been used and the passenger commences his/her journey at any stopover or agreed stopping place, the tariff regulations applicable for such place shall be applied.
c) Each flight coupon shall be accepted for carriage in the class of service specified therein on the date and flight for which accommodation has been reserved. When tickets are issued without a reservation being specified thereon, space may be reserved at a later date subject to the availability of space on the flight applied for.
Name of Carrier
4. Carrier s name may be abbreviated in the ticket.
Article IV: Stopovers
Stopovers may be permitted at agreed stopping places subject to government requirements or Carrier’s Regulations and only if provided for in the ticket.
Article V: Fares and Charges
1. Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports or between airports and town terminals, unless provided by carrier without additional charge.
2. Applicable fares are those published by or on behalf of Carrier. Applicable fares include those not so published provided that they have been calculated in accordance with Carrier’s Regulations. Subject to government requirements and Carrier’s regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket. When the amount that has been collected is not the applicable fare the difference shall be paid by the passenger or, as the case may be, refunded by Carrier.
3. Unless otherwise provided in Carrier’s Regulations, fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing priorto issue of the ticket. If no routing is specified, Carrier may determine the routing. Unless otherwise provided in Carrier’s Regulations, the total fare approved for the routing takes precedence over the combination of intermediate fares applicable to the same class of service between the same points via the same routing.
Taxes and Charges
4. Any tax or charge imposed by government or other authority, or by the operator of an airport, in respect of a passenger or the use by a passenger of any services or facilities shall be payable by the passenger in addition to the published fares and charges, except as otherwise provided in Carrier’s Regulations.
5. Fares and charges are payable in any currency acceptable to the Carrier. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the banker’s selling rate set by Carrier on the day the ticket is issued. The banker’s selling rate is the buying rate published weekly in Tuesday s edition of the ‘Wiener Zeitung’ for the period from the following Wednesday to the next Tuesday. For currencies not included in such list, the ‘Banker’s Buying Rates’ list prepared monthly by Austrian Airlines on behalf of ARBA shall apply.
Article VI: Reservations
1. a) Reservations are not confirmed until recorded as accepted by the Carrier or its authorized agent.
b) As provided in Carrier’s Regulations, certain fares may have conditions which limit or exclude the passenger s right to change or cancel reservations. Ticketing Time Limits
2. If a passenger has not paid for his/her ticket or made credit arrangements with Carrier prior to the specified ticketing time limit, Carrier may cancel the reservation.
3. The passenger understands that personal data have been given to Carrier for the purposes of making a reservation for carriage and for obtaining ancillary services. For these purposes the passenger authorizes Carrier to retain such data and to process them at its own offices, and to make them available to other carriers, the providers of
such services or providers of reservation services, in whatever country they may be located. Seating
4. Carrier does not guarantee to provide any particular seat in the aircraft in the class of service for which the ticket has been issued. A seat reservation is not binding to Carrier.
Service Charge when Space is not occupied
5. ln accordance with Carrier’s Regulations, a service charge may be payable by a passenger who fails to use space for which a reservation has been made. Reconfirmation of Reservation
6. If Carrier requires the passenger to confirm onward or return reservations, failure to comply with any such requirement will entitle Carrier to cancel the onward or return reservation.
Canceflation of onward or Return Reservations by Carrier
7. If a passenger does not use a reservation and fails to advise Carrier in advance, Carrier may cancel or request cancellation of any onward or return reservations.
Article VII: Check-in
The passenger shall arrive at Carrier s check-in location and boarding gate at the time fixed by Carrier, or, if no time is fixed, sufficiently in advance of flight departure to permit completion of government formalities and departure procedures. If the passenger fails so to arrive in time at Carrier s check-in location or boarding gate or appears improperly documented and therefore not ready to travel, Carrier may cancel the space reserved for him/her. Carrier will not delay the flight if any passenger fails to arrive in time to complete formal procedures before the scheduled departure. Carrier shall not be liable to the passenger for any loss or expense arising from such passenger’s failure to comply with the provisions of this Article.
Article VIII: RefusaI of and Limitation on Carriage
Right to Refuse Carriage
1. Carrier may refuse carriage of any passenger or passenger’s baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier determines that:
a) such action is necessary in orderto comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; or
b) the conduct, age or mental or physical state of the passenger is such as to:
(i) require special assistance of Carrier; or
(ii) cause considerable and repeated discomfort or make him objectionable to other passengers; or
(iii) involve any hazard or risk to himself or to other persons or to property; or
c) such action is necessary because the passenger has failed to observe the instructions of Carrier; or
d) the passenger has refused to submit to a security check; or
e) the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Carrier and the passenger (or the person paying for the ticket) have not been complied with; or
f) the passenger does not appear to be properly documented; or
g) the ticket presented by the passenger:
(i) has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its authorized agent; or
(ii) has been reported as being lost or stolen; or
(iii) is a counterfeit ticket; or
(iv) any flight coupon of which has been altered by anyone other than Carrier or its authorized agent, or has been mutilated; and Carrier reserves the right to retain such ticket; or
h) the person presenting the ticket cannot prove that he/she is the person named in the ‘NAME OF PASSENGER’ box, and Carrier reserves the right to retain such ticket.
Limitation on Carriage
2. Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women or persons with illness shall be subject to prior arrangement with Carrier.
Article IX: Baggage Items
Unacceptabte as Baggage
1. a) The passenger shall not include in his/her baggage:
(i) items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the lnternational Civil Aviation Organization (lCAO) and the lnternational Air Transport Association (lATA) and in Carrier s Regulations. (Further information is available from Carrier on request);
(ii) items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over;
(iii) items which in the opinion of Carrier are unsuitable for carriage as baggage by reason of their weight, size, nature or character (such as fragile or perishable items);
(iv) live animals; except that dogs, cats, domesticated birds and other pets will be accepted for carriage subject to the provisions of Paragraph 10. of this Article.
b) The passenger shall not include in checked baggage fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, deeds, electric or electronic equipment including computers, business documents, passports and other identification documents or samples.
c) 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 subject to Carrier’s Regulations. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to lCAO and lATA Dangerous Goods Regulations.
d) Weapons such as antique firearms, swords, knives and similar items may be accepted as checked baggage. Such items will not be permitted in the cabin.
e) If any items referred to in Paragraphs 1. a) through b) of this Article are carried, whether or not they are prohibited from carriage as baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these General Conditions of Carriage applicable to the carriage of baggage.
Right to Refuse Carriage
2. a) Carrier may refuse carriage as baggage of such items as are described in Paragraph 1. of this Article and may refuse further carriage of any such items on discovery thereof.
b) ln order to ensure safe operation of a flight, Carrier may refuse to carry as baggage any item it deems unsuitable for carriage because of its size, shape, weight, nature or character.
c) Unless advance arrangements for its carriage have been made with Carrier, Carrier reserves the right to carry baggage which is in excess of the applicable free allowance on flights later than those taken by the passenger.
d) Carrier may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other containers suitable for air carriage.
Right of Search
3. For reasons of safety and security, Carrier may request the passenger to permit a search to be made of his/her person and his/her baggage, and may search or have searched the passenger s baggage in his/her absence if the passenger is not available to give his/her consent. Such search shall be for the purpose of determining whether his/her baggage contains any item described in Paragraphs 1 a) and b) above or any arms or ammunition which have not been presented to Carrier for carriage in accordance with Paragraphs 1. c) and d) above. If the passenger is unwilling to comply with such request Carrier may refuse to carry the passenger or baggage.
4. a) Upon delivery to Carrier of baggage to be checked, Carrier shall take custody thereof and issue a baggage identification tag for each piece of checked baggage.
b) If baggage has no name, initials or other personal identification, the passenger shall affix such identification to the baggage prior to acceptance.
c) Checked baggage will be carried on the same aircraft as the passenger, unless Carrier decides that this is impracticable for safety or security reasons, in which case Carrier will carry the checked baggage on Carrier’s next flight on which space is available.
Free Baggage Affowance
5. Passengers may carry a certain amount of baggage free of charge. Where two or more passengers, travelling as one party to a common destination or point of stopover by the same flight, present themselves and their baggage for check-in at the same time and place, they shall be permitted a total free baggage allowance equal to the combination of their individual free baggage allowance.
6. The carriage of baggage in excess of the free baggage allowance is subject to a charge.
Excess Vafue Declaration
7. a) If in accordance with Carrier’s Regulations Carrier offers an excess valuation facility, a passenger may declare a value for checked baggage in excess of the applicable liability limits. If the passenger makes such a declaration the passenger shall pay any charges applicable thereon.
b) Carrier will refuse to accept an excess value declaration on checked baggage when a portion of the carriage is to be provided by another Carrier which does not offer the facility.
8. a) Baggage which the passenger carries on to the aircraft must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin. ltems determined by Carrier to be too weighty or large to allow safe carriage will not be permitted in the cabin.
b) Objects not suitable for transport in the cargo compartment (such as delicate musical instruments and the like) will only be accepted for transportation in the cabin if due notice has been given in advance and permission granted by Carrier. The transport of such objects may be charged for separately.
Collection and Delivery of Baggage
9. a) The passenger shall collect his/her baggage as soon as it is available for collection at the place of destination or stopover.
b) Carrier shall deliver checked baggage to the bearer of the baggage check upon payment of all unpaid sums due to Carrier under the contract of carriage. Carrier is under no obligation to ascertain that the bearer of the baggage check is entitled to delivery of the baggage and Carrier is not liable for any loss, damage or expense arising out of or in connection with its failure so to ascertain. Delivery of baggage will be made at the destination shown in the baggage check.
c) If a person claiming the baggage is unable to produce the baggage check or identify the baggage by means of a baggage (identification) tag, if one has been issued, Carrier will deliver the baggage to such person only on condition that he/she establishes to Carrier’s satisfaction his/her right thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by Carrier as a result of such delivery.
d) Acceptance of baggage by the bearer of the baggage check without written complaint at the time of delivery shall be prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.
10. a) Carriage of dogs, cats, domesticated birds and other pets shall be subject to Carrier’s approval. lt shall be contingent on the fact that the animals are properly crated and accompanied by valid health and vaccination certifications, entry permits and other documents required by countries of entry or transit. Carrier reserves the right to determine the manner of carriage and to limit the number of animals which may be carried on a flight.
b) 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.
c) ‘Seeing-eye’ dogs together with containers and food will be carried free of charge in addition to the normal free baggage allowance, subject to Carrier’s Regulations.
d) Delivery of and acceptance for carriage of small animals by Carrier is subject to the condition that the passenger assumes full responsibility for such animal. Carrier shall not be liable for injury to or death, loss, delay or sickness of such animal or if it is refused entry into or passage through any country, state or territory.
Article X: Changes of Schedules, Cancellation of Flights
1. Carrier undertakes to use its best efforts to carry the passenger and his/her baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. Times shown in timetables or elsewhere are not guaranteed by the Carrier and are subject to change without previous notice to the passenger. Thus they may be delayed or advanced through instructions by air traffic control authorities. Carrier assumes no responsibility for making connections.
Cancellation of Ffights, Changes of Schedule
2. If due to circumstances beyond its control Carrier cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a passenger’s stopover or destination point, or by its delay causes the passenger to miss a connecting flight on which the passenger holds a reservation, Carrier shall either:
a) carry the passenger on another of its scheduled passenger services on which space is available; or
b) reroute the passenger to or as near as possible to the desired destination by its own scheduled services or, if this should prove to be impossible, the scheduled services of another carrier, or, if this too should prove to be impossible, by means of coach or train transportation. If the sum ofthe fare, excess baggage charge and any applicable service charge for the revised routing is higher than the refund value of the original ticket, Carrier shall not be entitled to demand any additional fare or charge from the passenger. If the new fare calculated for revised routing is lower than the original fare, Carrier shall refund the difference to the passenger; or
c) make a refund in accordance with the provisions of Article Xl; If any of the above action was taken, Carrier shall have no further liability to the passenger.
Liability in Case of Errors and omissions
3. Except when done with intent or by gross negligence, Carrier shall not be liable for errors or omissions in timetables or other published schedules, or for representations made by employees, agents or reprensatives of Carrier as to the dates or times of departure or arrival or as to the operation of any flight.
Article XI: Refunds
1. On failure by Carrier to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his/her arrangements, refund for an unused ticket or portion thereof shall be made by Carrier in accordance with this Article and with Carrier’s Regulations. Person to Whom Refund Will Be Made
2. a) Except as hereinafter provided in this Paragraph, Carrier shall make 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 purchase.
b) If a ticket has been paid for by a person other than the passenger named in the ticket, and Carrier has indicated on the ticket that there is a restriction on refund, Carrier shall make a refund only to the person paying for the ticket or to that person’s order.
c) Except in the case of lost tickets, refunds will only be made on surrender to Carrier of the passenger coupon or passenger receipt and surrender of all unused flight coupons.
d) A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding him/herself out as a person to whom refund may be made in terms of Subparagraph a) or b) of this Paragraph shall be deemed a proper refund and shall discharge Carrier from any further claim for refund.Amount of Refund
3. a) If Carrier advances, delays or cancels a flight, fails to stop at a point to which the passenger is destined or ticketed to stop over, is unable to provide previously confirmed space or causes the passenger to miss a connecting flight on which the passenger holds a reservation, the amount of the refund shall be:
(i) If no portion of the ticket has been used, the fare paid;
(ii) If a portion of the ticket has been used, either the one way fare (less applicable discounts and charges) from point of interruption to destination or point of next stopover, or the difference between the fare paid and the fare for the transportation used, whichever amount is greater.
b) If the passenger wishes a refund of his/her ticket for reasons other than those set out in Subparagraph a) of this Paragraph the amount of the refund shall be:
(i) If no portion of the ticket has been used, an amount equal to the fare paid, less any applicable service charge or cancellation fees;
(ii) If a portion of the ticket has been used, the difference between the fare paid and the applicable fare for travel between the points for which the ticket has been used, less any applicable service charge or cancellation fees. Refund of Lost Ticket
4. If a ticket or portion thereof is lost, refund will be made on proof of loss satisfactory to Carrier and upon payment of any applicable service charge, on condition
a) that the lost ticket, or portion thereof, has not been used, previously refunded or replaced without charge, and
b) that the person to whom the refund is made undertakes, in such form as may be prescribed by Carrier, to repay to Carrier the amount refunded in the event and to the extent that the lost ticket or portion thereof is used by or refunded to any other person. Right to Refuse Refund
5. a) After expiry of the validity of the ticket, Carrier may refuse refund when application therefore is made later than 30 days after expiry.
b) Carrier reserves the right to refuse refund on a ticket which has been presented to Carrier or to government officials of a country as evidence of intention to depart therefrom, unless the passenger establishes to Carrier s satisfaction that he/she has permission to remain in the country or that he/she will depart therefrom by another carrier or another means of transport. Currency
6. All refunds will be subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is to be made. Subject to the foregoing provision, refunds will normally be made in the currency in which the fare was paid or in the currency of the country of the Carrier’s domicile or of the country where the refund is made.
By Whom Ticket Refundabfe
7. Voluntary refunds will be made only by the Carrier which originally issued the ticket. lt shall be permissible for Carrier s authorized agent to make the refund if the ticket has
been issued by such agent.
Article XII: Conduct Aboard Aircraft
1. If the passenger conducts him/herself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other passengers may reasonably object, Carrier shall be entitled to take such measures as it deems necessary to prevent continuation of such conduct.
2. The passenger shall not operate aboard the aircraft portable radios, electronic games or transmitting devices including remote controlled toys and walkietalkies. The passenger shall not operate any other electronic device on board without Carrier’s permission, except that portable tape recorders, hearing aids and heart pacemakers may be used.
Article XIII: Arrangements by Carrier
If in the course of concluding the contract of carriage by air, Carrier also agrees to make arrangements for the provision of additional services, Carrier shall have no liability to the passenger except for gross negligence and wilful misconduct on its part.
Article XIV: Administrative Formalities General
1. The passenger shall comply with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier’s rules and instructions pertaining thereto. Carrier shall not be liable for the consequences to any passenger resulting from his/her failure to obtain necessary documents or to comply with such laws, regulations, orders, demands, requirements, rules or instructions. Carrier shall also not be liable for information given by its employees, representatives or agents in this respect.
2. The passenger shall present all exit, entry, health and other documents required by the countries concerned. Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents are not complete. Carrier shall not be liable to the passenger for any loss or expense a rising from the passenger’s failure to comply with the requirements of this Paragraph.
Refusal of Entry
3. The passenger agrees to pay the applicable fare whenever Carrier, on government order, is required to return a passenger to his/her point of origin or elsewhere, owing to the passenger’s inadmissibility into a country, whether of transit or of destination. Carrier may apply to tne payment of such fare any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Carrier.Passenger Responsible for Fines, etc.
4. If Carrier is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger s failure to comply with laws, regulations, orders, demands and travel requirements of the country concerned or to produce the required documents, the passenger shall on demand reimburse to Carrier any amount so paid or deposited and any expenditure so incurred. Carrier may use towards such expenditure any funds paid to Carrier for unused carriage or any funds of the passenger in the possession of Carrier. To be able to meet the obligations resulting from Paragraphs 3. and 4. of this Article, Carrier has the right of retention of any item of the passenger in the possession of Carrier.Customs Inspection
5. If requested, the passenger shall attend inspection of his/her baggage, checked or unchecked, by customs or other government officials. Carrier shall not be liable to the passenger for any loss or damage suffered by the passenger through failure to comply with this requirement or by inspection of the baggage as such.
6. The passenger shall submit to any security checks requested by government or airport officials or by Carrier.Liability
7. Carrier shall not be liable if in good faith it deemed that what Carrier understood to be applicable regulations stipulated that carriage of a passenger be refused and Carrier therefore refused to carry such passenger. Carrier shall furthermore not be liable to the passenger for any loss or damage caused through failure to comply with administrative formalities when the passenger was carried although carriage should have been refused. The above shall not apply in the event of intent or gross negligence on the part of Carrier.
Article XV: Successive Carriers
Carriage to be performed by several successive carriers under a single ticket, or under a ticket and any conjunction ticket issued in connection there with, shall be regarded as a single operation.
Article XVI: Liability
1. General Principles
Any carriage shall be subject to the liability provisions set forth below. Unless expressly otherwise provided in these Conditions of Carriage, none of the provisions herein contains a waiver of an exclusion of liability or a limitation of liability of the Carrier pursuant to the applicable legal provisions. Each carriage shall therefore be subject to the conditions and limitations of liability provided for in the applicable legal provisions and in these Conditions of Carriage.
2. Applicable Law
With respect to carriage exclusively between an airport of departure and an airport of destination in Austria and without a stopping place abroad, the Carrier’s liability shall be subject to the Aviation Act (Luftfahrtgesetz, LFG) as amended from time to time, and as of October 17, 1998, to Council Regulation (EU) No. 2027/97 as amended from time to time.
With respect to international carriage within the meaning of the Convention, the Carrier’s liability shall be subject to the Convention, the “Intercarrier Agreement on Passenger Liability,” the “Agreement on Measures to Implement the IATA Intercarrier Agreement,” and, as of October 17, 1998, Council Regulation (EU) No. 2027/97, all such provisions to be applicable as amended from time to time.
3. Joint Provisions
a.Proof of damage, scope of liability
The Carrier's liability shall in no event exceed the amount of proven damage. The Carrier shall not be liable for indirect or consequential damages or punitive damages.
b.Sole or contributory negligence of the injured person
The Carrier shall be totally or partially released from its liability if it proves that the damage was caused, or contributed to, by the negligence or wilful misconduct of the Passenger.
c.Exclusion of liability
Notwithstanding the provision under Paragraph 4.b) below, the Carrier shall not be liable if it proves that it, its agents, and other persons it makes use of in fulfilling the contract of carriage, have taken all necessary measures to avoid the damage or that it was impossible for it or them to take such measures.
The Carrier shall only be liable for damage incurred on its own flights. If the Carrier or its agent issues Tickets for carriage on flights of carriers other than the Carrier or accepts Baggage for carriage on flights of another Carrier, it is acting only as an agent for such other Carrier. With respect to Checked Baggage, however, the Passenger shall be entitled to make a claim also against the first or the last Carrier.
d.Any exclusion of liability and any limitation of liability of the Carrier shall also apply analogously to its agents, employees, representatives, and any entity whose aircraft is used by the Carrier, including such entity's agents, employees, and representatives. The total amount which may have to be paid as damages by the Carrier and the above-referenced persons shall not exceed the limits of liability applicable to the Carrier.
e.The Carrier shall not be liable for damage arising directly or indirectly from the compliance with rules of law or rules, regulations, or provisions of public authorities, or from the fact that the Passenger himself does not comply with same, or originating from a circumstance beyond the Carrier's control.
4. Liability for Personal Injury and Death
The Carrier’s liability for damage sustained in the event of death, wounding, or other bodily injury of a Passenger in the event of an accident on board an aircraft or during embarkation or disembarkation shall generally not be subject to any financial limit.
b.Exclusion of liability
(i) For damage of the kind referred to in Paragraph 4.a) above, up to an amount equivalent to 100,000 Special Drawing Rights (SDR, as defined by the International Monetary Fund), the Carrier waives its right to exclude liability by raising the defence pursuant to Article 20 of the Convention. In the event of carriage exclusively within the Republic of Austria, such waiver shall apply only to such damage arising out of accidents which have occurred after October 16, 1998.
(ii) Advance Payment
For damage incurred after October 16, 1998, the Carrier shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs. In the event of the death of a Passenger, such advance payment shall be not less than the equivalent of 15,000 SDR. Such advance payment shall be set off against the final amount of damages.
(iii) Accident Insurance
For each Passenger, an obligatory accident insurance has been taken out in the amount of ATS 550,000 in case of death or permanent disability arising out of an accident during carriage. Any payments made under the accident insurance coverage shall be set off against claims for damages.
(iv) If a Passenger is carried whose age or mental or physical condition is such that carriage is, or may be, a danger to him and no accident or incident occured, the Carrier shall not be liable for personal injury, including death, or consequential damages caused solely by the age, mental or physical condition of the passenger.
5. Liability for Damage to Baggage
a.With respect to carriage exclusively within the Republic of Austria, liability shall be limited to ATS 480 per kilogram and, in the event of simple negligence, to ATS 25,000 total for all items which the Passenger carries on or with himself or which he has checked in as Checked Baggage.
b.With respect to international carriage, liability for Checked Baggage shall be limited to an amount of 250 gold francs or their equivalent (approximately USD 20) per kilogram, and for Unchecked Baggage to a total amount of 5,000 gold francs or their equivalent (approximately USD 400).
(i) If the actual weight of Checked Baggage is not recorded on the Baggage Check, it shall be assumed that the weight of the Checked Baggage is equivalent to the weight of Checked Baggage to which each Passenger is entitled pursuant to the Carrier's Regulations for the class of carriage reserved and paid for. If for Checked Baggage a higher value is declared pursuant to Article IX Paragraph 7, the Carrier's liability shall be limited to the amount of such declared value.
(ii) The Carrier shall not be liable for damage caused by items in the Baggage of the Passenger unless the Carrier has caused such damage by gross negligence or wilful misconduct. If such items cause damage to the Baggage of another Passenger or to the property of the Carrier, the Passenger shall compensate the Carrier for all damages and expenses incurred by the Carrier.
The Carrier shall not be liable for loss of, damage to, or delayed delivery of, fragile or perishable items; money; jewellery; precious metals; silverware; negotiable instruments; securities; other valuables; documents; electric or electronic equipment including computers; business documents; passports and other identification documents; samples; and items carriage of which as Baggage is not permitted and which are contained in the Passenger's Checked Baggage with or without the Carrier's knowledge.
These limitations of liability shall not apply if the Passenger proves that the damage was caused by the Carrier wilfully or grossly negligently or, within the meaning of the Convention, with intent or recklessly and with knowledge that damage would probably result.
6. Liability for Delay or Cancellation of Flights
The Carrier's liability for non-performance of the contract of carriage or for delay for reasons within the Carrier's control shall be limited to reimbursement of the amounts reasonably expended by the Passenger for lodging, meals, telecommunications costs, and ground transportation from and to the airport. Any liability for indirect damage (such as loss of income, expenses for purposes which have become frustrated) and consequential damage shall be expressly excluded.
The Carrier shall not in any way be liable for non-performance, because of the reasons set forth in Article VIII and IX of the contract of carriage.
The Passenger shall be obligated to use substitute carriage offered by the Carrier, such substitute carriage taking place on the ground or by air. If the Passenger rejects such offer, the Carrier shall be discharged from any liability with the exception of a refund for the unused Ticket. In such case, such refund for the unused Ticket shall continue to be subject to the restrictions of the relevant booking class.
If the Passenger uses a private passenger automobile for such substitute carriage, an amount of ATS 2 shall be reimbursed per kilometre driven, irrespective of the actual cost.
Article XVII: Time Limitation on CIaims and Actions
Notice of Claims
1. No action shall lie in the case of damage to checked baggage unless the person entitled to delivery complains to Carrier forthwith after discovery of the damage, or at the latest, within seven days from the day of receipt; and in the case of delay, unless the complaint is made at the latest within 21 days from the date of delivery of the baggage.Every complaint must be made in writing and dispatched within the times a foresaid.
Limitation of Actions
2. Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival of the aircraft at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.
ArticIe XVIII: Modification and Waiver
No agent, servant or representative of Carrier shall have the authority to alter, modify or waive these General Conditions of Carriage or Carrier s Regulations.
Article XIX: Headings
Any headings are for ease of reference only and are not a part of these General Conditions of Carriage.
Article XX: PIace of Litigation
If no place of litigation results from the regulations of the Warsaw Convention, the court having subject matter jurisdiction in Vienna shall be regarded as having been agreed upon.