1. Definitions
In these Conditions, certain terms have the following meanings:
* "We", "our" "ourselves" or "us" means Air New Zealand Limited.
* "You", "your" or "yourself" means any person, except members of the crew, carried or to be carried in our aircraft pursuant to a Ticket. (See also definition of "Passenger").
"AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.
"AIRLINE DESIGNATOR CODE" means the two-characters or three letters which identify particular air carriers.
"AUTHORISED AGENT" means a passenger sales agent who has been appointed by us to represent us in the sale of air carriage on our services.
"BAGGAGE" means your articles, effects and other personal property accompanying you on your journey. Unless otherwise specified, it includes both your Checked and Unchecked Baggage.
"BAGGAGE CHECK" means those portions of the Ticket or other documents issued by us or on our behalf that relate to the carriage of your Checked Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage.
"BOARDING PASS" means the document issued to you at check-in which entitles you to board and occupy a specified seat on the aircraft.
"CARRIER" means an air carrier other than us, whose airline designator code appears on your Ticket or on a Conjunction Ticket.
"CHECKED BAGGAGE" means Baggage of which we take custody of and for which we have issued a Baggage Check.
"CODE SHARE FLIGHT" means a flight operated by another air carrier on which we issue a Ticket showing our name or Airline Designator Code as the carrier pursuant to an agreement between us and that carrier.
"CONDITIONS" means these Conditions of Carriage.
"CONDITIONS OF CONTRACT" means the terms and conditions on which the contract for your carriage has been made and which are contained in or delivered with your Ticket, Itinerary/Receipt, Website booking page or Boarding Pass and which incorporate these Conditions of Carriage by reference.
"CONJUNCTION TICKET" means a Ticket issued to you in connection with another Ticket which together constitute a single contract of carriage.
"CONVENTION" means, unless otherwise specified, whichever of the following instruments (or the following instruments as amended) that may be applicable:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as 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 Convention supplementary to the Warsaw Convention (1961);
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, 28 May 1999 (hereinafter referred to as the Montreal Convention).
"COUPON" means both a paper Flight Coupon and an Electronic Coupon.
"DAMAGE" means the death, wounding, or other bodily injury of a Passenger and loss, partial loss, theft of or other damage to Baggage, arising out of or in connection with carriage by air 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 the duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.
"ELECTRONIC COUPON" means an electronic flight coupon or other value document in electronic record form held in our database.
"ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a Boarding Pass.
"EUROPEAN UNION" means those states which are for the time being members of the European Union as established by the Treaty of Rome 1957 (as subsequently amended).
"FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage," or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
"ITINERARY/RECEIPT" means a document or documents we issue to a Passenger travelling on an Electronic Ticket that contains the passenger's name, travel details and notices.
"PASSENGER" means any person, except a member of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition of "you", "your" and "yourself").
"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
"SDR" means a Special Drawing Right of the International Monetary Fund.
"STOPOVER" means an agreed break in 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 with the Governments of Canada or the United States of America.
"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.
"UNCHECKED BAGGAGE" means any of your Baggage other than Checked Baggage.
"WEBSITE" means one of our world-wide internet sites.
2. Applicability
2.1 GENERAL
Except as otherwise provided in these Conditions, the Conditions apply only on those flights, or flight segments, where our name or Airline Designator Code is shown in the carrier box of the Ticket for that flight or flight segment.
2.2 CHARTERS
If carriage is performed by us pursuant to a charter agreement, these Conditions apply only to the extent they are incorporated by reference or otherwise in the charter agreement or the Ticket.
2.3 CODE SHARE FLIGHTS AND RELATED SERVICES
These Conditions apply to Code Share Flights and Related Services and the operating carrier of such flights is our agent for the purpose of exercising our rights under these Conditions including, in particular, the matters referred to in Articles 6 to 9, 11 and 13 of these Conditions. Your flights may be a Code Share Flight, a Related Service or be operated by us; however we will notify you of the operating carrier at the time of booking. If the operating carrier changes after your booking has been confirmed, we are under no obligation to notify you of the change.
2.4 OVERRIDING LAW
These Conditions apply unless they are inconsistent with Tariffs or overriding laws in which event such Tariffs or laws shall prevail. If any provision of the Conditions is invalid under any overriding law, the other provisions shall nevertheless remain valid.
3. Tickets
3.1 TICKET REQUIREMENTS
3.1.1 We will provide carriage only to the Passenger named in the Ticket.
3.1.2 A Ticket is not transferable.
3.1.3 The Ticket is and remains at all times the property of the issuing carrier.
3.1.4 Except in the case of an Electronic Ticket, you will 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 will not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorised Agent. In the case of an Electronic Ticket, you will not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name.
3.1.5 In case of loss or mutilation of a Ticket, or part thereof, or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon request of the Passenger, the issuing carrier will replace such Ticket or part thereof by issuing a new Ticket, provided there is evidence at the time that a Ticket valid for the flight(s) in question was duly issued and the Passenger signs an agreement to indemnify the Carrier for misuse of the Ticket. If this is not the case, the issuing carrier may require the Passenger to pay up to the full applicable fare for a replacement Ticket, subject to refund, if and when the issuing carrier is satisfied that the original Ticket has not been used before the expiry of its validity. The issuing carrier may impose a reasonable administration charge for this service.
3.2 PERIOD OF VALIDITY
3.2.1 Except as otherwise provided in the Ticket, these Conditions, or applicable Tariffs, a Ticket is valid for one year from the date of commencement of travel, or if no portion of the Ticket is used, for one year from the date of its issue.
3.2.2 If you are prevented from travelling within the period of validity of your Ticket because at the time you request reservations we are unable to confirm a reservation, the validity of your Ticket will be extended, or you may be entitled to a refund in accordance with Article 10.
3.2.3 If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel as confirmed by a medical certificate, 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. When the Flight Coupons remaining in the Ticket, or in the case of an Electronic Ticket, the Electronic Coupons, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.
3.2.4 In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger's Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) Days from the date of the death.
3.3 COUPON SEQUENCE AND USE
3.3.1 The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.
3.3.2 The Ticket may not be valid and we may not honour the Ticket if the first Flight Coupon, or in the case of an Electronic Ticket, an Electronic Coupon has not been used and the passenger commences his or her journey at any Stopover or Agreed Stopping Place.
3.3.3 Each Coupon will be accepted for carriage in the class of service specified therein on the date and flight for which space has been reserved. When Coupons are issued without a reservation being specified, space may be reserved, subject to the conditions of the relevant fare and the availability of space on the flight requested.
3.4 NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "carrier" box in the Ticket, or in the case of an Electronic Ticket, as indicated for the first flight segment in the Itinerary Receipt.
4. Fares and Charges
4.1 GENERAL
Fares apply only for carriage from the airport at the point of departure to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport between airports or between airports and town terminals.
4.2 APPLICABLE FARES
Subject to 4.3, applicable fares are those in effect on the date of Ticket issuance. Should you change your itinerary or any date of travel, this may result in a change to the fare.
4.3 TAXES AND CHARGES
You are responsible for applicable taxes or charges imposed by government, other authority or by the operator of an airport that are in effect on the date of travel.
4.4 CURRENCY
Fares and charges are payable in those currencies acceptable to us and at exchange rates determined by us at the time of Ticket issuance.
5. Reservations
5.1 RESERVATION REQUIREMENTS
5.1.1 Reservations are not confirmed until recorded as accepted by us.
5.1.2 Certain fares have conditions which limit or exclude your right to change or cancel reservations.
5.2 TICKETING TIME LIMIT
If you have not paid for the Ticket prior to the specified ticketing deadline, as advised by us or our Authorised Agent, we may cancel your reservations.
5.3 PERSONAL INFORMATION
You acknowledge that personal information has been given to us for the purposes of making reservations, purchasing and issuing a Ticket and all other ancillary documents relating to your carriage, obtaining ancillary services, developing and providing services (including new services), handling customer relations issues, facilitating immigration and entry procedures, facilitating security checks, and making available such personal information to government agencies, in connection with your travel. For these purposes, you authorise us to retain such information and to transmit, share or make it available to our own offices, Authorised Agents, government agencies, other Carriers or the providers of the above-mentioned services. The Privacy Act 1993 (New Zealand) may be applicable to the personal information you have given us. In processing your personal information we may disclose it to countries which may not afford the same level of protection provided under the Privacy Act 1993 (New Zealand). Under that Act you have the right to inspect such information and have it corrected, if necessary. If you would like to know what personal information we are holding about you and/or correct the personal information that we hold about you, please contact your local office or write to Customer Relations, Air New Zealand Limited, Private Bag 92007, Auckland 1, New Zealand.
5.4 SEATING
We will endeavour to honour seating requests, however, we cannot guarantee provision of any particular seat, even if your reservation is confirmed. We reserve the right to assign or reassign seats at any time as we deem necessary.
5.5 SERVICE CHARGE IF RESERVATION NOT USED
Except in the case of travel on non-refundable fares, you may be required to pay a reasonable service charge if you fail to use your reservation.
5.6 RECONFIRMATION OF RESERVATIONS
Onward or return reservations may be required to be reconfirmed within time limits specified by us or other Carriers. We will advise you when we require reconfirmation, however, you should check the requirements of any other Carriers involved in your journey.
5.7 CANCELLATION OF ONWARD RESERVATIONS
If you do not use a reservation or fail to comply with any such reconfirmation requirement your onward or return reservations may be cancelled.
6. Check-In/Boarding
6.1 You must complete the check-in process sufficiently in advance of flight departure to permit completion of any Government formalities and departure procedures, and in any event not later than any minimum time specified by us.
6.2 You must be present at the boarding gate not later than the time specified by us.
6.3 We may cancel the space reserved for you if you have not checked-in or failed to arrive at the boarding gate in accordance with paragraphs 6.1 and 6.2.
6.4 We will not be liable to you for any loss or expense arising from your failure to comply with the provisions of this Article 6.
7. Refusal of Carriage and Special Assistance
7.1 RIGHT TO REFUSE CARRIAGE
We may refuse to carry you or your Baggage if, in the exercise of our reasonable discretion, we decide or establish any of the following:
7.1.1 such action is necessary for reasons of safety;
7.1.2 such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over;
7.1.3 your conduct, age or mental or physical state is such as to require special assistance, cause discomfort or make yourself objectionable to other passengers or involve any hazard or risk to yourself or to other persons or to property;
7.1.4 such action is necessary because you have failed to observe any of our instructions;
7.1.5 you have refused to submit to a security check;
7.1.6 you have not paid the applicable fare or any charges or taxes;
7.1.7 you do not appear to have valid travel documents; you may seek to enter a country through which you are in transit; you may destroy your travel documents during flight; you refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
7.1.8 the Ticket you present has been acquired unlawfully or has been purchased from an entity other than us or our Authorised Agent; has been reported as being lost or stolen; is a counterfeit; or contains a Flight Coupon that has been altered by anyone other than us or our Authorised Agent, or has been mutilated;
7.1.9 you cannot prove that you are the person named in the Ticket;
7.1.10 such action is necessary because you have previously committed an act or omission of the type referred to above in 7.1.
7.2 SPECIAL ASSISTANCE
Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness, or other people requiring special assistance, is subject to prior arrangement with us. Passengers with disabilities who have advised us of their disability and any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage because of such disability or special requirements.
8. Baggage
8.1 FREE BAGGAGE ALLOWANCE
We will carry some Baggage, free of charge, subject to our conditions and limitations as set out in our Conditions of Contract and also available at our Website and upon request from us or our Authorised Agents.
8.2 EXCESS BAGGAGE
You will be required to pay a charge for carriage of Baggage in excess of our stated free Baggage allowance. The rates of the charge are available from us on request.
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 International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations. (Further information is available from us on request);
8.3.1.2 items the carriage of which is prohibited by the applicable laws, regulations or orders of any country to be flown from, to or over;
8.3.1.3 items we determine are unsuitable for carriage by reason of their weight, size, shape or character, or which are fragile or perishable;
8.3.1.4 live animals, except as provided in 8.10.
8.3.2 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. Such firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to the ICAO instructions and IATA regulations specified in 8.3.1.1.
8.3.3 Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, but will not be permitted in the cabin of the aircraft.
8.3.4 You must not include in Checked Baggage money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
8.3.5 If any items referred to in 8.3.1 - 8.3.4 are included in your Baggage, whether prohibited or not, we shall not be responsible for any loss of or damage to such items.
8.4 RIGHT TO REFUSE CARRIAGE
8.4.1 Subject to 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 their discovery.
8.4.2 We may refuse to carry as Baggage any item because of its size, shape, weight, contents or character, or for safety or operational reasons, or the comfort and convenience of other passengers.
8.4.3 We may refuse to accept any Baggage for carriage unless it is properly packed in suitable containers.
8.5 RIGHT OF SEARCH
For reasons of safety, health and security, or to check whether your person and/or Baggage contains any item described in 8.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 8.3.2 or 8.3.3 we may search, x-ray, screen or perform some other type of scan of your person and/or Baggage. If you are not available, your Baggage may be searched in your absence. If you are unwilling to comply with any search request we may refuse to carry you and your Baggage. In the event an x-ray or other scan causes damage to you or your Baggage, we shall not be liable for such damage unless due to our negligence or other fault.
8.6 CHECKED BAGGAGE
8.6.1 Upon delivery to us of items you wish to be carried as Checked Baggage we will take custody of them, and issue a Baggage Identification Tag for each piece of your Checked Baggage.
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 at the airport of arrival for customs clearance.
8.7 EXCESS VALUE DECLARATION AND CHARGE
8.7.1 If we offer an excess valuation facility, you may make a written declaration of value for Checked Baggage in excess of the liability limits set out in the Convention. If you make such a written declaration, you may be required to pay an extra charge, at a rate specified by us. These rates are available on request.
8.7.2 We may refuse to accept an excess value declaration on Checked Baggage when a portion of the carriage shown on your ticket is to be provided by a Carrier which does not offer the excess valuation facility.
8.8 UNCHECKED BAGGAGE
8.8.1 We may specify maximum dimensions or weight of Baggage you may carry on to the aircraft. However, if we have not done so, Baggage which you carry on to the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If the item cannot be stored in this manner, or is of excessive weight, or is considered unsafe for carriage in the cabin for any reason, the item will be carried as Checked Baggage in the cargo hold.
8.8.2 Objects not suitable for carriage in the cargo hold (such as delicate musical instruments), and which do not meet the requirements in 8.8.1 above, will only be accepted for carriage in the cabin if you have given us notice in advance and permission has been granted by us for their carriage in the cabin. You may have to pay an additional charge for this service.
8.9 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.9.1 You are required to collect your Checked Baggage as soon as it is made available at the places of 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 three (3) months of the time it is made available for your collection, we may dispose of it without any liability to you.
8.9.2 Only the bearer of the Baggage Check and Baggage Identification Tag, is entitled to delivery of the Checked Baggage.
8.9.3 If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
8.10 CARRIAGE OF ANIMALS
Animals will be accepted for carriage only on the following conditions:
8.10.1 You must ensure that animals such as dogs, cats, household birds and other pets, are properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit, failing which they will not be accepted for carriage. Such carriage may be subject to additional conditions specified by us, which are available on request.
8.10.2 If accepted as Baggage, any animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable rate.
8.10.3 Guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free baggage allowance, subject to conditions specified by us, which are available on request.
8.10.4 We will not be responsible for injury to or loss, sickness or death of an animal, or in the event that it is refused entry into, or passage through any country, state or territory.
9. Schedules and Cancellation of Flights
9.1 SCHEDULES
We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. However, to do so, we may need to use a substitute aircraft and/or the services of another carrier. We may also be obliged to change the time of flights, often for reasons beyond our control, and consequently, times shown in timetables cannot be guaranteed and thus form no part of your contract of carriage with us.
9.2 CANCELLATION AND RE-ROUTING
9.2.1 We reserve the right to substitute an alternative carrier and/or aircraft. If we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a confirmed reservation, you shall have the option, subject to our agreement, either:
9.2.1.1 to be carried on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or
9.2.1.2 to be re-routed to the Stopover or destination shown on your Ticket by our own services or those of another carrier. If the fare and charges for the revised routing are lower than what you have paid, we shall refund the difference;
9.2.1.3 if neither of the above alternatives is acceptable to you, we will make a refund in accordance with the provisions of 10.2 and we shall have no further liability to you.
9.3 If we are unable to provide previously confirmed space, we shall provide compensation pursuant to our denied boarding compensation policy. (Further information is available from us on request).
9.4 Subject to Article 17 of these Conditions, nothing contained in this Article 9 shall affect any rights you may have under the Consumer Guarantees Act 1993 (New Zealand) if it is applicable.
In cases where you are entitled to a refund, we will refund the fare paid for your Ticket, or any unused part of it, together with any applicable taxes, levies and surcharges in accordance with the applicable fare rules or Tariff and the following additional rules:
10. Refunds
10.1 TO WHOM REFUND MADE
10.1.1 Except as otherwise provided in this Article 10, we shall be entitled to 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 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 Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.
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 on 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 (including applicable taxes, levies and surcharges notwithstanding the applicable fare rules);
10.2.2 If a portion of the Ticket has been used, the refund will be the higher of:
10.2.2.1 the one way fare (less applicable discounts and charges but including applicable taxes, levies and surcharges notwithstanding the applicable fare rules) from point of interruption to destination or point of next Stopover; or
10.2.2.2 the difference between the fare paid and the fare for the carriage used (including applicable taxes, levies and surcharges notwithstanding the applicable fare rules).
10.3 VOLUNTARY REFUNDS
If you are entitled to a refund of the fare for your Ticket for reasons other than those set out in 10.2, and you are entitled to a refund in accordance with the applicable fare rules, the amount of the refund shall be as follows:
10.3.1 if no portion of the Ticket has been used, an amount equal to the fare paid (including any applicable taxes, levies and surcharges), less any applicable service charges or cancellation fees;
10.3.2 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, (including any applicable taxes, levies and surcharges) less any applicable service charges or cancellation fees.
10.4 REFUND ON LOST TICKET
10.4.1 If a Ticket or portion thereof is lost, upon providing us with satisfactory proof of the loss and payment of a reasonable administration charge, refund of the fare (including applicable taxes, levies and surcharges) will be made within a period of time determined by us, on the following conditions:
10.4.1.1 that the lost Ticket, or portion thereof, has not been used, previously refunded or replaced; and
10.4.1.2 that 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 thereof is used.
10.5 RIGHT TO REFUSE REFUND
10.5.1 We may refuse a refund where application is made 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 a 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
We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.
10.7 BY WHOM TICKET REFUNDABLE
Voluntary refunds will be made only by the carrier that originally issued the Ticket or by its agent if so authorised.
11. Conduct On Board Aircraft
11.1 GENERAL
If in our opinion you conduct yourself on board 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 or is likely to cause discomfort, inconvenience, damage or injury to other passengers, the crew or any property, including the aircraft, we may take such measures as we deem necessary to prevent continuation of such conduct, including restraint. You may be off-loaded at any point, and may be prosecuted for offences committed on board the aircraft.
11.2 ELECTRONIC DEVICES
You may not operate on board the aircraft portable radios, electronic games or transmitting devices, including cellular telephones, radio-controlled toys and walkie-talkies, nor operate any other electronic devices on board without Carrier's permission, except for portable recorders, hearing aids and heart pacemakers.
12. Arrangement of Additional services
12.1 Subject to applicable law, if in the course of concluding the contract of carriage by air, we also agree to make arrangements for the provision of additional services, we shall have no liability to you for such services except for negligence on our part in making such arrangements or where, but for Article 17 of these Conditions, we have liability under the Consumer Guarantees Act 1993 (New Zealand).
12.2 If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us on request.
13. Administrative Formalities
13.1 GENERAL
13.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements, rules and instructions of countries to be flown from, into or through which you transit.
13.1.2 We shall not be liable to you for the consequences of your failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2 TRAVEL DOCUMENTS
Prior to travel, you must present all valid exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to make and retain copies thereof. We reserve the right to refuse carriage if you do not comply with these requirements.
13.3 REFUSAL OF ENTRY
If you are denied entry into any country, you will be required to pay the cost of your transportation from that country. We may apply towards such cost any fare paid to us for unused carriage, or any of your funds in our possession. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
If we are required to pay any fine or penalty or to incur any expenditure by reason of being denied entry into any country or your failure to comply with laws, regulations, orders, demands or other travel requirements of any country or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may use towards such expenditure any fare paid to us for unused carriage on your Ticket, or any of your funds in our possession.
13.5 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.
13.6 SECURITY INSPECTION
You agree to submit to any security checks by government or airport officials, Carriers or by us.
Carriage to be performed by us and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation for the purposes of the Convention.
14. Successive Carriers
Carriage to be performed by us and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation for the purposes of the Convention.
15. Liability for Damage
15.1 Our liability and that of each Carrier involved in your journey will be determined by their own respective Conditions of Carriage.
15.2 Except as otherwise provided in this Article 15, carriage that is international carriage as defined in the Convention is subject to the liability rules of the Convention.
15.3 DEATH OR INJURY TO PASSENGERS
15.3.1 Subject to these Conditions, we agree with you that in respect of all international carriage to which the Warsaw Convention applies;
15.3.1.1 We shall not invoke the limit of liability in Article 22(1) of the Warsaw Convention as to any claim for recoverable compensatory damages arising under Article 17 of the Warsaw Convention;
15.3.1.2 We shall not avail ourselves of any defence under Article 20 of the Warsaw Convention with respect to that portion of such claim in respect of a Passenger's death, wounding or other bodily injury that does not exceed 100,000 SDRs.
15.3.2 If the Montreal Convention applies, our liability for claims in respect of a Passenger's death, wounding or other bodily injury shall not exceed 100,000 SDRs if we prove that such damage was not due to negligence or other wrongful act or omission by us or our servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party.
15.3.3 The provisions of 15.3.1.1 and 15.3.1.2 above ("the waivers") shall be applicable to claims made by the Passenger only, or in the event of the death of the Passenger, any natural person entitled to claim in respect of that death in accordance with applicable law and shall not apply to any claim by any public social insurance body or similar however founded or asserted, whether by virtue of subrogated rights, statutory authority or otherwise. The waivers are personal and a claim or action to which they apply that is assigned or transferred shall be determined under the provisions of the Warsaw Convention or applicable law without the benefit of the waivers.
15.3.4 If your Ticket was bought in the European Union the following additional conditions shall apply in respect of your carriage on our services from or to a point in the European Union:
15.3.4.1 Without delay and in any event no later than 15 days after the natural person entitled to compensation has been identified we will make advance payments to that person as may be necessary to meet his/her immediate economic needs and that are proportionate to the hardship suffered;
15.3.4.2 Without prejudice to 15.3.4.1 we will make an advance payment of not less than 16,000 SDRs in the event of the death of a Passenger;
15.3.4.3 An advance payment does not mean we admit liability and it may be offset against any subsequent compensation for which we have a liability;
15.3.4.4 An advance payment is not returnable unless:
- we prove that the Damage was caused or contributed to by negligence of the Passenger or the person who received the payment, or
- we prove that the person who received the payment was not entitled to compensation.
15.3.4.5 We maintain insurance cover of at least 100,000 SDRs per Passenger and to a reasonable level beyond that amount.
15.3.5 Notwithstanding anything to the contrary in 15.3.1, 15.3.2 and 15.3.4 above, if we prove that the Damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger, we may be exonerated wholly or partly from our liability in accordance with applicable law.
15.3.6 We will not be liable for any illness, injury or disability, including death, attributable to your age or physical condition or for the aggravation of such condition.
15.4 BAGGAGE
15.4.1 To the extent not in conflict with the preceding Conditions or the provisions of the Convention and subject to Article 15.4.1.5 below:
15.4.1.1 If we issue a Ticket or check Baggage on the flight of another Carrier other than a Code Share Flight, we do so only as agent for such other Carrier whose conditions of carriage shall apply. Nevertheless, with respect to Checked Baggage the Passenger shall also have a right of action against the first or last Carrier;
15.4.1.2 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence;
15.4.1.3 We will not be liable for any Damage arising from compliance with any laws or Government regulations, orders or requirements, or from your failure to comply with the same;
15.4.1.4 Except in the case of acts or omissions done with intent to cause Damage or recklessly and with knowledge that Damage would probably result or if you have made a special declaration of interest pursuant to Article 8.7 above and paid any required supplementary sum, in which case we will be liable to pay a sum not exceeding the declared sum (unless we prove that this is greater than your actual interest); our liability in the case of Damage to Checked Baggage shall be limited to 17 SDRs per kilogram and in the case of Damage to Unchecked Baggage shall be limited to 332 SDRs per passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Checked Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of service concerned.
15.4.1.5 Notwithstanding Article 15.4.1.4 above, where the Montreal Convention applies to your carriage the following rules will apply to our liability for destruction or loss of or damage or delay to your Baggage:
15.4.1.5.1 Our liability in the case of destruction or loss of or damage or delay to all or any part of your Baggage will be limited to 1,000 SDRs per passenger unless you prove that the damage resulted from an act or omission on our part, or that of our employees or agents acting within the scope of their employment, done with intent to cause damage or recklessly and with knowledge that damage would probably result.
15.4.1.5.2 We will have no liability for destruction, loss of or damage to your Checked Baggage if the damage resulted from the inherent defect, quality or vice of the Checked Baggage.
15.4.1.5.3 We will have no liability for destruction or loss of or damage to your Unchecked Baggage unless the damage resulted from our fault or that of our employees or agents.
15.4.2 We will not be liable for any Damage caused by your Baggage. You will be held responsible for any Damage caused by your Baggage to other persons or property, including our property.
15.4.3 We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
15.4.4 In the case of Checked or Unchecked Baggage if there has been contributory negligence on your part we may be exonerated wholly or partly from our liability in accordance with applicable law.
15.5 These conditions including any exclusion or limitation of liability shall apply to and be for the benefit of our Authorised Agents, employees and representatives to the same extent as they apply to us. The aggregate amount recoverable from us, our Authorised Agents, employees and representatives shall not exceed the amount of our limit of liability.
15.6 Our liability shall be limited to proven direct compensatory damages. We shall not in any circumstances be liable for exemplary, indirect or consequential damages.
15.7 For the purposes of this Article 15 the value of one SDR in the relevant currency on a particular day shall be such sum as the International Monetary Fund has fixed as being the value of one SDR in the relevant currency; (i) that day, or (ii) if no such sum has been fixed that day, the last day on which a sum has been so fixed.
15.8 Except as otherwise expressly provided herein, nothing contained in these Conditions shall waive any defence or exclusion of limitation of our liability under the Convention or applicable laws. With respect to third parties we reserve all rights of recourse against any other person, including without limitation, rights of contribution and indemnity.
16. Time Limitation on Claims and Actions
16.1 NOTICE OF CLAIMS
16.1.1 Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery presumes that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
16.1.2 If you wish to file a claim or an action for Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Checked Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) Days from the date the Checked Baggage has been placed at your disposal. Every such notification must be made in writing.
16.2 LIMITATION OF ACTIONS
Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard but in accordance with the provisions of the Convention.
If you acquire or hold yourself out as acquiring for the purposes of a business any services to which these Conditions apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) shall not apply to our supply of such services.
None of our Authorised Agents, servants, employees or representatives has authority to alter, modify or waive any provision of these Conditions of Carriage.
17. Consumer Guarantees Act (NZ)
If you acquire or hold yourself out as acquiring for the purposes of a business any services to which these Conditions apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) shall not apply to our supply of such services.
18. No Modification or Waiver
None of our Authorised Agents, servants, employees or representatives has authority to alter, modify or waive any provision of these Conditions of Carriage.