Article 1: What Particular Expressions Mean in these Condition
As you read these conditions, please note that:
“We”, “our”, “ourselves” and “us” means Overland Airways Limited.
“You”, “your” and “yourself” means any person holding our ticket who is to be carried or carried on our aircraft except members of the crew. (See also definition for “Passenger”).
“Agreed Stopping Places” means a scheduled stop by the Carrier which is located between the place of Departure and the Place of Destination as shown in the Schedules.
Air Carriage (or Air Travel) means the carriage of a Passenger and their Baggage on an aircraft
Airline Designator Code means the two character or three letters which identify particular air carriers
Authorized Agent means an individual or legal entity authorized by us to represent us in the sale of Air Carriage tickets on our services.
“Baggage” means your personal property accompanying you in connection with your trip. Unless otherwise specified by us. It consists of both your Checked and Unchecked Baggage.
“Baggage Check” means those portions of the Ticket which relate to the carriage of your Checked Baggage.
“Baggage Identification Tag” means a document issued solely for identification of each piece of Checked Baggage.
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 and for which we have issued a Baggage Identification Tag
“Check-in Deadline” means the time limit specified by us by which you must have completed check-in formalities and received your boarding pass.
“Civil Aviation Act” means Civil Aviation Act, 2006, Laws of the Federal Republic of Nigeria or the prevailing local law(s) governing your carriage.
“Conditions of Carriage” means these conditions of carriage.
“Conditions of Contract” means those statements contained in or delivered with your Ticket or e-Ticket Receipt, identified as such and which incorporate, by reference, these Conditions of Carriage.
“Confirmed Reservation” means a booking for a flight or series of flights in circumstances where the following conditions apply: a seat is held from availability with the status “confirmed”; payment has been received in the form of cleared funds taken in the form of credit card/debit card transactions, cash paid at an airport or another payment location as authorized by us, or by cleared cheque or funds transfer made into our designated account , all flight sectors are confirmed; the booking contains relevant details which are the same as the travel document held by the Passenger (e.g. name, contact details, flight number(s)); and the Passenger has been advised that his or her travel booking is confirmed.
“Conjunction Ticket” means a ticket we have issued to you in conjunction with another ticket which together constitute a single contract of carriage.
Convention - whichever of the following instruments are applicable:
The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below 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 Supplementary Convention (1961)
The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (referred to below as the Montreal Convention).
Coupon means a paper flight coupon or an electronic coupon, each of which entitles the passenger named on it to travel on the particular flight identified on it.
“Damage” includes death of, wounding of, or bodily injury to a Passenger caused by an accident on board an aircraft or during embarkation or disembarkation, and loss of, damage to, or destruction of, baggage.
Additionally, it means damage occasioned by delay in the carriage by air of Passengers or Baggage.
“Days” mean all seven days of every week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced, shall not be counted.
“Denied Boarding” means a refusal to accommodate passengers on a scheduled flight although they have a valid Ticket with a Confirmed Reservation on that flight and have presented themselves for check in within the required time limit as stipulated in Article 6 of these Conditions of Carriage.
ElectronicCoupon means an electronic flight coupon for an electronic ticket held in our database
Electronic Ticket means the Itinerary/Receipt, electronic coupons and any boarding document we have issued to you.
“e-Ticket Receipt” means a receipt marked as such or marked Passenger Receipt/Itinerary, Passenger Itinerary/Receipt or Itinerary/Receipt which we deliver by email, by fax, by hand, by mail or by courier.
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
“Force Majeure” means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised. Circumstances that are within your control and are foreseeable includes, but are not limited to, not possessing valid travel documents for any country you may seek to enter as a point of destination or transit; a pre-existing medical condition you or anyone travelling with you or a close family member or partner of which you were aware or should have been aware with the exercise of due diligence at the time of issue of your ticket; failure to arrange reliable transportation or to leave adequate time to complete your journey to an airport in order to arrive at least 90 minutes before domestic flights, failure to leave adequate time between the scheduled time of arrival of a connecting flight and the scheduled departure of your flight; booking a ticket knowing that you will be unable to be carried on one or more flight segments because of application of these Conditions of Carriage (such as Article 7); a pre-existing commitment relating to your employment or business or personal life of which you were aware, or should have been with the exercise of due diligence at the time of issue of your Ticket.
Involuntary fare refund - a refund, under clause 11.2, of the fare for your ticket.
Itinerary Receipt means a travel document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger’s name, flight information and further notices relevant for the journey. This document is to be retained by the passenger and to be carried during the whole journey.
“Montreal Convention” means The Montreal Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, 28 May 1999.
“National Currency Equivalent” means the equivalent value of the local currency of the country in which the compensation is to be paid or in which judgment is to be made.
“Naira” or “N” means the Local Currency applicable to the Conditions of Carriage
“Nominated Bank” means a bank, or specific branch of a bank, authorized by us to receive cash payment on our behalf in respect of our Charter flight services.
“Passenger” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for “you”, “your” and “yourself”)
Passenger Coupon/Passenger Receipt means that portion of the Ticket issued by us on our behalf, which is so marked and which ultimately is to be retained by you.
“Special Drawing Right” and “SDR” means the composite unit of currency that is the official unit of exchange of the International Monetary Fund.
“Stopover” means a scheduled stop on your journey at a point between the place of departure and the place of destination.
“Tariff” means the published fares, charges and/or related conditions of carriage of an air carrier filed, where required, with the appropriate authorities.
“Ticket” means either the document called Passenger Ticket and Baggage Check or an electronic ticket which we or our authorized agents have issued to you.
“Transit Passenger” means a Passenger arriving at an airport for onward travel to another country:
- on the same flight from that airport;
- on a connecting flight from that airport;
- on a connecting flight from another airport;
- on another onward flight from that airport.
“Unchecked Baggage” means any of your Baggage other than Checked Baggage.
“Validity Period” means the period for which your ticket is valid for travel.
“Voluntary fare refund” means a refund, under Article 11.3, of the fare for your ticket.
Article 2: When These Conditions Apply (Applicability)
Except as provided in Articles 2.2 and 2.4, these Conditions of Carriage apply whenever we operate your flight or where our Airline Designator Code appears in the 'carrier' box of your Ticket
2.2 Charter and package tour holiday operations (Charter Operation)
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the charter agreement. If carriage is performed pursuant to a package tour holiday contract with a third party these Conditions of Carriage apply to your carriage by air, with the exception of those provisions dealing with refunds.
2.3 Overriding law
2.3.1 These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or laws which apply to your contract of carriage, in which event such Tariffs or applicable laws shall prevail.
2.3.2 If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.4 Conditions prevail over regulations
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have dealing with particular subjects, these Conditions of Carriage shall prevail. If part of one of our regulations is invalid under any applicable law, the other parts of our regulations will still apply.
Article 3 : Tickets
3.1 Transferability, non-use, loss and replacement of tickets
3.1.1 We will only carry you if you are the passenger named in the ticket. We may ask you to prove that this is the case may be required to produce either a Driver License, International Passport or National ID Card for appropriate identification.
3.1.2 For the purposes of the Warsaw Convention and the Montreal Convention, an e-Ticket Receipt is deemed to serve as a passenger ticket and a baggage check/document of carriage Overland Airways Limited Conditions of Carriage for Passengers and Baggage.
3.1.3 The Ticket is and remains at all times the property of the issuing carrier.
3.1.4 A ticket is not transferable
3.1.5 Some tickets are sold at Discounted Fares which may be partially or completely non-refundable. It is your responsibility to consult our ticket rules and choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.
- Requirement for Tickets: Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket issued on your name containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorized Agents.
In case of an electronic ticket, you shall not be entitled to be carried on a flight unless you present your booking reference number, positive photographic identification identifying you as the passenger named in the booking, travel documentation e.g. passport, visa (where applicable) and valid e-Ticket Receipt has been issued in your name.
3.1.6(a) In case of loss or mutilation of a Ticket by you, upon your request we will either replace such Ticket (or part of it) by issuing a new Ticket or make cash refund less a reasonable Administration fee in the same currency used to purchase the Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued to you and you sign an agreement to reimburse us for the costs and losses specified in Article 3.1.8 which are necessarily and reasonably incurred by us or another carrier for misuse of the Ticket. We will not claim reimbursement from you for any such losses which result from our own negligence. The issuing carrier may charge a reasonable administration fee for this service unless the loss or mutilation was due to the negligence of the issuing carrier, or its agent.
3.1.6(b) Where such evidence is not available, we will require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if we are satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, and if you surrender it to us, the foregoing refund will be processed at that time.
3.1.6(c) Any reimbursement agreement signed pursuant to Article 3.1.6 will be for an amount up to the value of the original Ticket unless the replaced Ticket is subsequently used or cashed in by you, in which event your obligation to reimburse will also include our costs and expenses (including legal fees and expenses) of locating/notifying you and enforcing the agreement together with a reasonable administration fee in the same currency used to purchase the Ticket.
3.1.7 A paper Ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not Lost or stolen.
3.18 Your Ticket, this Conditions of Carriage, Tariff and the important information contained on our website constitute the terms and conditions of the contract of carriage between you and us.
3.2 Period of validity
3.2.1. Unless stated otherwise on the Ticket, in this Condition of Carriage, or in applicable Tariffs (which may limit the validity of a ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for:
3.2.1. a. one year from the date of issue in respect of international travel,
3.2.1. b. six months from the date of issue in respect of domestic travel wholly within the borders of the Federal Republic of Nigeria; or
If you are prevented from travelling within the validity period of a ticket because we could not confirm your reservation at the time you asked for it, we will extend the validity period of the ticket
Otherwise expired tickets cannot be revalidated and such expired tickets are non-refundable.
3.2.2 If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket, the electronic coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.
3.2.3. 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 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 Sequence and Use of Ticket
- The Ticket you have purchased is valid only for the transportation shown on the Ticket from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket. It forms an essential part of our contract with you. The Ticket will not be honored and will lose its validity if not used in the sequence provided in the Ticket.
3.3.2 Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. The detailed rules relating to changes of Tickets are contained in the rules and regulations which are posted on the website and are also stated on the Ticket you hold. Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
3.3.3 Should you change your transportation sequence without our agreement your unused ticket will not be valid for travel until we have assessed the correct price for your actual travel and you have paid any difference between the price you previously paid and the total price applicable for your revised transportation.
3.3.4 Each Flight Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved.
3.3.5 If you cancel a booking before the check-in deadline for your flight, we will not cancel your return or onward reservations.
If you fail to cancel a booking before the check-in deadline for your flight and do not show up for the flight, we may decide to cancel your return or onward reservations.
3.4 Our Name and Address
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 our first flight segment in the e-Ticket Receipt.
Article 4: Fares, Taxes, Fees, Charges and Surcharges
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 and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown in it. Should you change your itinerary or dates of travel, this may affect the fare to be paid.
4.2 Taxes, fees and charges
4.2.1 You must pay any taxes, fees and charges imposed on us or on you by governments or other authorities, or by operators of airports.
4.2.2 When you buy your ticket, we will tell you about any taxes, fees and charges not included in the fare and they may be shown separately on the ticket.
4.2.3 Taxes, fees and charges change constantly and can be imposed or altered after the date we have issued your ticket. If they change or if a new tax, fee or charge is imposed after we have issued your ticket, you will have to pay us any increase. Similarly, if any taxes, fees or charges you pay to us when we issue the ticket are then abolished or reduced, you will be entitled to claim a refund from us.
4.3 Exceptional circumstances surcharges
4.3.1 In exceptional circumstances, charges may be imposed by us which are not taxes, fees or charges levied by the government or by a third party which are not normally applicable to our operations (for example, but not limited to, insurance premium supplements or additional security costs triggered by terrorism). In addition, we may be subject to significant increases in operational costs, such as fuel charges, caused by exceptional circumstances beyond our control. Where such charges relate to carriage of passengers, we shall (subject to Article 4.3.2) be entitled to require you to pay, as fare surcharges, all such charges attributable by us to your carriage (even if imposed after the date of issue of your Ticket).
4.3.2 We will endeavour to contact you with details of any sudden applicable fare surcharges as soon as possible. If we are unable to contact you, we will advise you of the applicable fare surcharge at check-in and you will pay the difference in fare.
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued unless another currency is indicated by us or our authorized agent, at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may, at our discretion, accept payment in another currency.
Article 5: Reservations
5.1 Reservation Requirements
5.1.1 We or our Authorized Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s) if payment is made within our reservation ticketing time limit.
- Certain fares have conditions which limit or exclude your right to change or cancel reservations. You should check the conditions that apply to your fare and we accept no responsibility for your failure to do so.
- If you are ill or have a medical condition or other condition for which you may require medical assistance or special assistance during embarkation, disembarkation or assistance during the flight (for example, in the circumstances set out at Articles 7.3 and 7.5); you must advise us at the time you make your booking and complete the Medical Information (MEDIF) Forms Carriage will be refuse unless we are satisfied you have met all conditions attached to the MEDIF Form and have received medical clearance required by Article 7.3.
5.2 Ticketing time limits
Your reservation will automatically cancel if you have not paid the applicable fare (and taxes, fees and charges) for the Ticket within the ticketing time limit.
5.3 Personal data
You recognize that your personal data (including sensitive personal data) has been provided to us for the purposes of making a reservation; recording and issuing a Ticket and issuing a boarding pass or other ancillary Documentation associated with your carriage; advising you of changes to your itinerary; assisting us in dealing with your future transactions with you; market analysis; performance measures; meeting legal obligations to you, and other purposes associated with your carriage. For all these purposes, you authorize us to retain and use such data and to transmit it to our own offices, our other companies and brands and/or government agencies.
5.4.1 We will endeavour to honor advance seating requests, however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety, security reasons or otherwise. We reserve the right to change your seat assignment within your class of travel if you do not comply with the Check-in Deadline indicated on your ticket.
5.4.2 Service Charge When Space Not Occupied
A service charge, in accordance with our regulations, may be payable if you fail to use space for which a reservation has been made.
5.5.1 We will try to provide for your carriage the aircraft specified in our timetable or specified to you at the time of issue of your ticket, however, we cannot guarantee any particular aircraft. We reserve the right to substitute a different aircraft type and model. This may be necessary for operational, safety or security reasons.
5.5.2 There may be occasions where it is necessary for us to temporarily supplement our fleet with aircraft operated for our benefit by another airline. In such circumstances, we shall try to ensure that you receive the same level of in-flight service, entertainment and baggage allowance advertised for your flight but we cannot guarantee that this will always be possible.
5.6 Reconfirmation of reservations
Onward or return reservations may be subject to the requirement to reconfirm the reservations within specified time limits. We will advise you when we require reconfirmation and how and where it should be done. If it is required and you fail to reconfirm, we may decide to cancel your onward or return reservation. However, if you advise us that you still wish to travel, and there is space on the flight, we will reinstate your reservations and transport you. If there is no space on the flight, we will use reasonable efforts to transport you to your next or final destination at your own cost.
Article 6: Check-In and Boarding
6.1 Check-in Deadlines are different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. We or our Authorized Agents will advise you of the Check-in Deadline indicated. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found in our ticket, timetable, or may be obtained from us or our Authorized Agents.
6.2. You must personally be present at check-in, with your checked baggage. No 3rd party check-in is allowed. You may not be accepted for carriage if you fail to personally present yourself for check-in.
6.3 You must be present at the boarding gate not later than the time specified by us at the time you check-in.
6.4 We may decide to cancel the space reserved for you or change your seat assignment within your ticketed class of carriage if you fail to arrive at the boarding gate in time.
6.5 Failure to produce photo identification at check-in and boarding gate will result in denial of boarding.
6.6 We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article 7.
Article 7: Refusal and Limitation of Carriage
7.1 Right to refuse carriage
We may decide to refuse to carry you and/or your Baggage (even if you hold a valid Ticket) if one or more of the following has happened or we reasonably believe might happen:
7.1.1 If carrying you or your baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger.
7.1.2 If carrying you or your baggage may affect the comfort of any person in the aircraft.
7.1.3 If you are drunk or under the influence of drink or drugs.
7.1.4 If you are, or we reasonably believe you are, in unlawful possession of drugs.
7.1.5 If you have ever been caught smoking, attempting to smoke and/or tampering with a smoke detector on a previous flight by a member of our crew.
7.1.6 If your mental or physical state or health is a danger or risk to you, the aircraft or any person in it.
7.1.7 If you have refused to allow a security check to be carried out on you or your baggage.
7.1.8 If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security.
7.1.9 If you have used threatening, abusive or insulting words towards our ground staff or another passenger or a member of the crew of the aircraft.
7.1.10 If you have behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or a member of the crew of the aircraft.
7.1.11 If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties.
7.1.12 If you have put the safety of either the aircraft or any person in it in danger.
7.1.13 If you have made a hoax bomb or other security threat.
7.1.14 If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft.
7.1.15 If you have not, or do not appear to have, valid travel documents.
7.1.16 If you try to enter a country for which your travel documents are not valid.
7.1.17 If the immigration authority for the country you are travelling to, or for a country in which you have a stopover, has told us (either orally or in writing) that it has decided not to allow you to enter that country, even if you have, or appear to have, valid travel documents.
7.1.18 If you destroy your travel documents during the flight.
7.1.19 If you have refused to allow us to photocopy your travel documents.
7.1.20 If you have refused to give your travel documents to a member of the crew of the aircraft, when we have asked you to do so.
7.1.21 If you ask the relevant government authorities for permission to enter a country in which you have landed as a transit passenger.
7.1.22 If carrying you would break government laws, regulations, or orders.
7.1.23 If you have refused or failed to give us information which a government authority has asked us to provide about you, including passenger information requested in advance of your flight.
7.1.24 If you have not presented a valid ticket.
7.1.25 If you have not paid the fare (or any applicable carrier imposed charges and surcharges, and any applicable taxes, fees and charges) for your journey.
7.1.26 If you have presented a ticket acquired illegally.
7.1.27 If you have presented a ticket which you did not buy from us or our authorized agents.
7.1.28 If you have presented a ticket which was not issued by us or our authorized agents.
7.1.29 If you have presented a ticket which has been reported as being lost or stolen.
7.1.30 If you have presented a counterfeit ticket.
7.1.31 If you have presented a ticket with an alteration made neither by us nor our authorized agents.
7.1.32 If you have presented a spoiled, torn or damaged ticket or a ticket which has been tampered with.
7.1.33 If you cannot prove you are the person named in the ticket.
7.1.34 If you have changed your transportation without our agreement as set out in clause 3.3.3.
7.1.35 If you have failed to present your ticket or your boarding pass or your travel documents to us when reasonably asked to do so.
7.1.36 If you have failed to complete the check-in process by the check-in deadline.
7.1.37 If you have failed to arrive at the boarding gate on time.
7.1.38 If you have refused or failed to undergo health screening or a health examination requested by us or by a government or enforcement agency.
7.1.39 If you have behaved in a way mentioned above on or in connection with a previous flight and we believe you may repeat this behaviour.
7.1.40 You fail to observe our instructions with respect to safety or security and comfort of other passengers on matters such as, but not limited to, seating, storage of Unchecked Baggage, use of electronic equipment including, but not limited to, mobile/cellular phones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices; or
7.1.41 You have previously committed one of the acts or omissions referred to above or have committed misconduct on a previous flight of the type referred to in Article 12.1.
7.2 Our right to refuse to carry you when we have banned you from our route network
7.2.1 Separately, and in addition to our right to refuse to carry you under any of the provisions of 7.1, We will be entitled to refuse to carry you or your baggage if we have given you a banning notice.
7.2.2 By a banning notice we mean a written notice we have given to you informing you that you are banned from being carried on our route network. (This means you are banned from travelling on all flights we operate.) This notice will give the date when the ban comes into force and the period for which it applies. A banning notice will also ask you not to buy a ticket or ask or allow anyone to do so for you.
7.2.3 If you try to travel while a banning notice is in force, we will refuse to carry you and your only recourse will be receipt of an involuntary fare refund. You will not be entitled to any compensatory or other damages.
7.3 Right to reimbursement
You will reimburse us any costs we incur in order to:
(a) Repair or replace property lost, damaged or destroyed by you;
(b) Compensate any passenger or crew member affected by your actions: and
(c) Divert the aircraft for the purpose of removing you or your baggage from the aircraft.
We may apply the value of any unused portion of your ticket or any of your funds in our possession against such payment or expenses.
7.4 Fitness to fly
7.4.1 If you are ill or have a health or medical condition, it is our requirement that you must complete the Medical Information (MEDIF) Form to be obtained at any of our Sales Outlet and Airport Offices. In the alternative, you can download the Form from our website. The MEDIF Form must be endorsed by your attending Physician/Doctor and returned at least twenty-four (24) hours prior to your expected date of travel for domestic flight and 72 hours for international flight to allow for processing by our Airline. Our Airline will subsequently authorize you to proceed with payment for the ticket if we are reasonably satisfied that you are fit to fly and/or that we can meet your special assistance requirement.
We reserve the right to decline carriage if you are ill or have a health or medical condition and you hold a confirmed ticket but did not complete our Airline’s MEDIF Form and/or if we are not reasonably satisfied that you are medically fit to fly or that we cannot meet your special assistance requirements.
Our Airline will not accept any liability whatsoever for claims, loss, compensation, damages whether directly or indirectly for any loss, death and injury arising from your failure to meet the requirements of the provisions of Articles 5.1.3 and 7.4 hereof, and/or arising from your failure to give full disclosure of your medical condition and/or falsification of information on your medical condition.
7.4.2 Prior to boarding the aircraft for carriage we must be reasonably satisfied that you are medically fit to fly. Whenever you are aware of a health condition, but have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication), it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight, as the case may be, and that you are able, if requested to do so, to produce written evidence of your fitness to fly. Where you have a medical condition which you have any reason to suspect, or ought reasonably to know, might be exacerbated by the normal operation of an aircraft or could cause you difficulty if you are unable to gain access before the end of your flight to professional medical assistance you are obliged to seek professional medical advice before flying with us and produce to us, no later than 24 hours before the flight for domestic flight and 72 hours for international flight, a medical report from an appropriately qualified attending doctor/physician vide the MEDIF Form, dated not more than 10 days before the date of your flight, confirming your fitness to travel on all flights on which you are booked.
7.5 Special Assistance
7.5.1 Acceptance for carriage of unaccompanied children, incapacitated persons, persons who are disabled or have limited mobility, pregnant women, persons with illness or other people with special needs requiring special assistance (such as a wheelchair) is subject to prior agreement with us at the time of ticketing and compliance with our applicable procedures. If your special assistance requirements change adversely subsequent to you receiving our agreement to carry you, you must advise us immediately of your change in circumstances and seek our further acceptance for carriage. Any Passenger accepted by us for carriage shall not subsequently be refused carriage on the basis of such disability or special requirements unless they fail to comply with these Conditions of Carriage including, but not limited to, Articles 7.1 or 7.4.
7.5.2 Our Airline’s policy on carriage of Persons with Reduced Mobility or people with special needs is available on our website and forms part of this Contract of Carriage
7.6 Reimbursement of medical expenses
If you take ill during the flight due to a condition which pre-existed the flight or due to your pregnancy, you will reimburse to us any expenses incurred as a result of treatment onboard the aircraft, transporting you on the ground, or treatment provided by third parties. In addition, if you fail to notify us of a medical condition in accordance with Article 7.4, you will also pay the costs incurred in diverting the aircraft to seek medical assistance on your behalf.
7.7 Onboard services
For operational reasons, we cannot make any guarantees about the provision/availability of in-flight entertainment equipment and advertised programmes and computer games, special meals or any particular type of meals or the availability of special in-flight services. Additionally, where special meals are provided, the fact that they have been prepared by third parties to our order means that, despite use of our endeavors, it is not possible for us to guarantee that they will always conform to their exact description.
7.8 Ground services
For operational reasons, we cannot make any guarantees about the provision/availability of ground services including, but not limited to passenger lounges and the facilities available therein (such as, but not limited to, access for incapacitated persons, food and refreshments and lounge bar). Additionally, the fact that some services are provided by third parties to our order means that, despite use of our endeavors’, it is not possible for us to guarantee that they will always conform to their exact description.
Article 8: Baggage
8.1 Free baggage allowance
You can carry some Baggage free of charge subject to our conditions and limitations. Your free baggage allowance will be shown on your ticket, or in the case of an electronic ticket, on your itinerary and receipt and will depend on our baggage regulations applying at the time of your flight. If you are in doubt, please ask us or our authorised agents for details of your free baggage allowance and our baggage regulations.. Priority will always be given to carriage of Checked Baggage within the applicable free baggage allowance.
8.2 Excess baggage
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance as stipulated in our conditions and limitations. Please ask us or authorized Agents for details of our excess baggage rates. Carriage of excess Baggage is subject to available space on your flight.
8.3 Items unacceptable as baggage
8.3.1 You must not include in your Baggage:
126.96.36.199 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 Organization (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); or
188.8.131.52 Items the carriage of which are prohibited by the applicable laws, regulations or orders of any state to be flown from or to; or
184.108.40.206 Items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.
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 only as Checked Baggage, subject to prior approval by us and by the Captain of the aircraft on the date or dates of carriage. If accepted for carriage, firearms must be unloaded with the safety catch on, and suitably packed, and accompanied by all documents legally required by the country of departure, destination and any Stopovers. Carriage of ammunition is subject to ICAO and IATA regulations as specified in Article 220.127.116.11.
8.3.3 Weapons such as antique firearms, swords, knives, toy or replica guns, bows and arrows and similar items may be accepted as Checked Baggage at our discretion, subject to prior approval by us and by the Captain of the aircraft on the date or dates of carriage, but will not be permitted in the cabin of the aircraft.
8.3.4 You must not include in Checked Baggage fragile or perishable items, valuable items (including, but not limited to, money, jewelry, and precious metals), computers, personal electronic devices, any medication or medical equipment which may be required in-flight or during your trip or which cannot be swiftly replaced if lost or damaged, house or car keys, valuable documents (including, but not limited to, business documents, passports and other identification documents, negotiable papers, securities, deeds), or samples.
8.3.5 If, despite being prohibited, any items referred to in Articles 8.3.1, 8.3.2 or 8.3.4 such inclusion is entirely at your own risk, shall be without prejudice to any rights we may have in respect of such contravention and we shall not be responsible for any loss of or damage to such items in excess of the limitation of liability and subject to such defenses as applicable under the Convention.
8.3.6 You must not include in Unchecked Baggage real, replica or toy weapons (plastic or metal), or any object which looks like a weapon or could reasonably be mistaken for a weapon, tradesman's tools, ammunition, explosives or anything which contains explosives, catapults, darts, household cutlery, scissors, corkscrews, metal nail files, knives with blades of any length, knitting needles, paper knives, sporting bats and clubs, razor blades (except safety razors and accompanying cartridges), billiard, snooker or pool cues, hypodermic needles (except those required for medical reasons and accompanied by a medical certificate confirming the medical condition), hard sporting balls or martial arts devices, safety matches or lighters.
8.4 Right to refuse carriage
8.4.1 Subject to Articles 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in Article 8.3, and we may refuse further carriage of any such items upon discovery.
8.4.2 We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, and weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
8.4.3 We may refuse to carry as Baggage any item, due to safety, security or operational reasons, including Baggage which does not belong to you and which you have pooled with your Baggage. Baggage or items packed within your baggage that was passed on to you by a third party, or baggage carried on behalf of someone else, the contents of which are not known to you must be declared. The identification of such items, without you informing us could result in the refusal of carriage, and possible legal action. We do not accept liability for such Baggage and are entitled to an indemnity from you in respect of claims or losses incurred as a result of damage caused to it.
8.4.4. We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
8.5 Right of search
For reasons of safety and security we may require you to submit to a search and scan of your person and a search and scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in Article 8.3.1 or any firearms, ammunition or weapons which have not been presented to us in accordance with Articles 8.3.2 or 8.3.3. If you are unwilling to comply with our requirements, we may refuse to airlift you and your Baggage. In the event a search or scan causes Damage to you, or scan causes damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.
8.6 Checked Baggage
8.6.1 Upon delivery to us of your Baggage which you wish to check we will take custody of, 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 for customs clearance.
8.6.4 You must ensure that your Checked Baggage and Unchecked Baggage are sufficiently robust and well secured to withstand the usual and normal rigours of carriage by air without sustaining damage (except fair wear and tear) and that they are properly locked.
8.7 Unchecked Baggage
8.7.1 We may specify maximum dimensions and/or weight for Unchecked Baggage which you carry onto the aircraft. If we have not done so, Unchecked Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Unchecked Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.
8.7.2 Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in Article 8.7.1, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay an extra charge for this service.
8.8 Collection and delivery of checked baggage
8.8.1 Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your 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, we may dispose of it without any liability to you.
8.8.2 Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage. We cannot take any responsibility for ensuring that the bearer of the Baggage Check is entitled to delivery.
8.8.3 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 and if required by us, such person shall furnish adequate security to reimburse us for any loss, damage or expense which may be incurred by us as a result of such delivery.
8.9 Special Declaration of Interest
- For all Checked Baggage with a value that exceeds the liability limits in the event of destruction, loss, damage or delay, as defined by the Convention, you must make a Special Declaration of Interest limited to a certain amount. In this case, a surcharge made known upon request, must be paid by the Passenger.
- We reserve the right to verify the adequacy of the value declared with the value of the Baggage and the contents thereof.
- All Special Declarations of Interest must be made prior to the Check-in Deadline. We may refuse any Special Declaration of Interest if you do not comply with the afore-mentioned time limit. We also have the option of capping the level of the declarations. We also reserve the right to prove, in the event of damage, that the amount declared was higher than your genuine interest at the time of delivery.
8.10.1 No animals will be accepted by us for carriage without our prior agreement at the time of booking and in compliance with procedures and conditions as specified by us.
8.10.2 We do not accept any responsibility for any animal we refuse to carry on the aircraft and you will be solely responsible for making the necessary arrangements for any animal you attempt to carry on the aircraft and to which carriage has been refused. Furthermore, we will have no liability to you if you are unable to travel as a result of the refusal of carriage to any animal you attempt to carry on the aircraft.
8.11 Items Removed By Airport Security Personnel
We will not be responsible for, or have any liability in respect of, articles removed from your Baggage by airport security personnel acting in accordance with any applicable regulations.
Article 9: Schedules, Delays, Cancellation of Flights and Denied Boarding
9.1.1 The flight times shown in our timetables may change between the date of publication and the date you actually travel. We do not guarantee these flight times to you and they do not form part of your contract of carriage with us as we may without notice substitute alternate aircraft or Carrier, and may alter or omit stopping places shown on the ticket in case of necessity.
9.1.2 Before we accept your booking, we or our Authorized Agents will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket or itinerary and receipt. We may need to change the scheduled time of your flight after your ticket has been issued and sent to you or change the scheduled departure terminal for your flight and we assume no responsibility for the change. If you provide us with contact information, we will try to notify you of any such changes.
9.1.3 If, after you purchase your Ticket, we make a significant change to the scheduled flight time which is not acceptable to you and we or our Authorized Agent cannot book you on another flight which you are prepared to accept, you will be entitled to an involuntary refund in accordance with Article 11.2
9.2 Cancellation, re-routing, delays, etc.
9.2.1 Departure and flight times are not guaranteed. For operational reasons or unusual or unforeseen circumstances, delays may occur, but we will take all reasonably necessary measures to avoid delay in carrying you and your Baggage. In the exercise of these measures and in order to prevent a flight cancellation, at our discretion we may arrange for a flight to be operated on our behalf by 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 destination (if applicable), we shall, at your option, either:
- carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket;
- within a reasonable period of time reroute you to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of transportation without additional charge.
- make a refund in accordance with the provisions of Article 10.2 subject to the terms of your ticket and fare rule.
9.2.3 Upon the occurrence of any of the events set out in Article 9.2.2, the options outlined in Article 18.104.22.168 to 22.214.171.124 hereof are the sole and exclusive remedies available to you and we shall have no further liability to you.
9.3 Denied Boarding
9.3.1 If you are denied boarding against your will on a flight for which you a valid Ticket for the flight and a Confirmed Reservation and you have presented yourself for check-in within the time limit specified in Article 6, we shall compensate you and provide care according to, and to the extent required by, applicable law.
Denied Boarding compensation will not be paid by us if:
126.96.36.199 Carriage has been denied for reasons beyond our control; or
188.8.131.52 You have refused to undergo a security check or obey lawful instructions given to you by us or on our behalf; or
184.108.40.206 There are any other circumstances which entitle us to refuse to carry you, including, but not limited to applicable law or application of these Conditions of Carriage; or
220.127.116.11 You are traveling free or at a discount that is not available to the general public; or
18.104.22.168 You present yourself with a lost, stolen, fraudulent or otherwise suspicious ticket.
9.3.2 Acceptance of the denied boarding compensation relieves us from any further liability in connection with the Denied Boarding.
Article 10: Force Majeure
10.1 We may, in the event of a force majeure event, without notice, cancel, terminate, divert, postpone or delay any flight or the right of carriage or reservation of traffic accommodations without liability except to issue an involuntary refund. The involuntary refund will be made in the original form of payment in accordance with involuntary refund rules for any unused portion of the ticket. We will also reserve the right to determine if any departure or landing should be made without any liability except the afore-mentioned involuntary refund.
10.2 Force Majeure Event means:
- Any condition beyond our control including, but without limitation, meteorological conditions, acts of God, riots, civil commotion, embargoes, wars, hostilities, disturbances or unsettled international conditions - actual threatened or reported. Also, because of any delay, demand, circumstances or requirement due, directly or indirectly to such conditions, or
- Any strike, work stoppage, slowdown, lockout or any other labor related dispute involving or affecting our service, or
- Any government regulation, demand or requirement, or
- Any shortage of labour, fuel or facilities of our Airline or others, or
- Any fact not reasonably foreseen, anticipated or predicted by us.
Article 11: Refunds
11.1 Our refund policy is guided by the types of Tickets and Fare Rule.
- SAVE and EXCEPT stipulated otherwise on the ticket and fare rule, our tickets are non-refundable.
11.1.2 Failure by our Airline to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his or her arrangements, refund for an unused ticket or portion thereof will be made by our Airline in accordance with the applicable Fare Rules, as follows:
22.214.171.124 Except as otherwise provided in this article, we shall be entitled to make a refund either to the person named in the ticket or to the person who has paid for the ticket, upon presentation of satisfactory proof of such payment.
126.96.36.199 If a ticket has been paid for by a person other than the passenger named on 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.
188.8.131.52 refunds will only be made on surrender to us of the ticket and all unused flight coupons.
184.108.40.206 Subject to production of such documents as required by our and
the exercise of reasonable precaution by us, if a refund is made to anyone holding himself or herself out as a person to whom such refund may be made, that shall be deemed a proper refund and shall discharge us from liability and any further claim for refund from you or from anyone else.
- No agent, servant or representative of our Airline has authority to alter, modify or waive any provision of this contract.
- Overland Airways cannot accept responsibility for missed onward connections as a result of any delays to scheduled departure times on either another Overland Airways’ flight or on an affiliated or unaffiliated airline flight.
11.2 Involuntary Refund
11.2.1 If we cancel a flight or fail to operate a flight reasonably according to schedule or fail to stop at your destination or stopover and no alternative flight is available, or if a refund is otherwise due to you under these Conditions of Carriage, the amount of the refund shall be:
220.127.116.11 If you have not used any part of the ticket, the refund will be equal to the fare paid;
18.104.22.168 If you have used part of the ticket, the refund will be equal to at least the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used;
11.2.2 we will pay a refund according to Article 11.2.1 if we refuse you carriage for any of the reasons set out in Article 7.1 except that you will not be entitled to any refund for the actual flight for which you were refused carriage. Apart from this, we will have no liability to you for any loss or expense whatsoever.
11.2.3 We shall not be liable for any other direct or indirect costs incurred by you as a result of such cancellation or missed destination.
11.2.4 Applications for refunds must be made vide email or at any of our sales outlets or Airport Stations.
11.2.5 If your carriage is prematurely terminated by us pursuant to Article 12.4 because of your breach of duty in relation to your conduct aboard an aircraft, the amount of your refund will be calculated according to Article 11.2.1 except that no refund will be given in respect of the flight during which your breach of duty occurred. Additionally, we shall be entitled to deduct from any refund due to you an administration fee as well as any costs due for reimbursement by you under Article 12.4.5.
11.3 Voluntary refunds
If you are entitled to a refund of your Ticket for reasons other than those set out in Article 11.2, the amount of the refund shall either be:
11.3.1 If no portion of the Ticket has been used, an amount equal to the fare paid, less any administration charges or cancellation fees as stated on the Fare Rule.
11.3.2 If a portion of the Ticket has been used and there is no restriction on the Ticket, an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any service charges or cancellation fees as stated on the Fare Rule.
11.4 Refund on lost ticket
11.4.1 If you lose your Ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition that:
22.214.171.124 The lost Ticket, has not been used, previously refunded or replaced (except where the use, refund or replacement by or to a third party resulted from our own negligence); and
126.96.36.199 The person to whom the refund is made undertakes, in such form as may be prescribed by us (that is completion of Loss of Ticket Indemnity Form), to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket is used by a third party (except where any fraud or use by a third party resulted from our own negligence). Where the lost Ticket is used by you, your obligation to reimburse will also include our costs and expenses (including legal fees and expenses) of locating/notifying you and enforcing the agreement together with a reasonable administrative fee.
11.4.2 If we or our Authorized Agent lose the Ticket, the loss shall be our responsibility.
11.5 Right to refuse refund
11.5.1 We will refuse request for refund where application is made after the expiry of the validity of the Ticket.
11.5.2 We will refuse a refund on a Ticket for any flight on which you have been refused carriage (for any of the reasons set out in Article 7.1) or from which you have been removed (for any of the reasons set out in Articles 12.1 and 12.2).
- We will refuse refund on a Ticket purchased at Discounted Fare or rate.
11.6 Form of Payment and Currency
11.6.1 We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket. For the avoidance of doubt if payment has been made using mobile money, then the refund will be administered as a mobile payment in the same currency that was originally transacted.
- Refunds for credit/debit card purchases will be made only to the credit/debit card account used to purchase the ticket, and may take up to four (4) weeks before appearing on the card statement.
- In the event that the validity date of credit card used for payment has expired or the card is cancelled; if the card holder uses another card of the same bank, refund is made to the account of the card holder
11.6.4 Passenger claiming cash refund during flight cancellation must provide a valid Identification card. Letter of authorization is required for third party request along with means of identification
11.6.5 Revalidation/date change fees are not refundable in the advent of flight cancellation.
11.6.6 Duo booking – Except as otherwise stated in this article, we will not permit refund on any of the PNRs except in special circumstance. Where permitted, refund will be less all applicable charges.
- No agent, servant or representative of the airline has authority to alter, modify or waive any provision of this contract.
Article 12: Unacceptable Conduct Aboard Aircraft
At all times while engaged in carriage aboard aircraft, you will behave in a manner not likely to:
12.1.1 Contravene the laws of any state which has jurisdiction over the aircraft;
12.1.2 Endanger or threaten (whether by hoax threats or otherwise) the aircraft or any person or property;
12.1.3Injure or assault any person, threaten, abuse or insult other passengers or members of the crew, cause the loss of or damage to property, or prejudice the health of, or cause distress, discomfort or unnecessary inconvenience to, any passenger or crew member;
12.1.4 Obstruct, hinder or interfere with the crew in the performance of their duties;
12.1.5 Contravene any instruction or direction of the crew or the carrier - whether oral or by notice - issued for the purpose of securing the safety or security of the aircraft and of persons or property and/or the comfort or convenience of passengers, including, but not limited to, instructions concerning security, seating, smoking, consumption of alcohol or use of drugs, use of electronic equipment including, but not limited to, mobile/cellular telephones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices such as radio controlled toys and walkie talkies.
12.2 Onboard alcohol
For safety reasons, consumption of alcohol by passengers is restricted to alcohol served by us with the result that alcohol purchased by passengers cannot be consumed aboard our aircraft.
12.3 Smoking policy
Smoking is not permitted on any of our flights.
12.4 Breach of duty
If, in our reasonable opinion, you fail wholly or partially to observe any of the duties placed on you by Articles 12.1 to 12.3:
12.4.1 We may report the matter to any relevant police or other enforcement authority; and
12.4.2 We may take such measures as we consider necessary to prevent the continuation or repetition of such conduct including, but not limited to, physical restraint and/or removal of you from the aircraft
12.4.3 We may decide to refuse you boarding at any time in the future; and
12.4.5 You will reimburse us any costs we incur in order to (a) repair or replace property lost, damaged or destroyed by you; (b) compensate any passenger or crew member affected by your actions; and (c) divert the aircraft for the purpose of removing you from the aircraft. We may apply the value of any of your funds in our possession against such payment or expenses.
Article 13: Administrative Formalities
13.1.1 You are responsible for obtaining all required passports, travel documents, visas, health certificates and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through.
13.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2 Travel documents
Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to require you to present to us any of these documents at any time during your carriage and to refuse carriage if you fail to produce them on request, you fail to comply with these requirements, or your travel documents do not appear to be in order.
13.3 Refusal of entry
If you are denied entry into any country, including a country through which you are transiting en route to your final destination, you will be responsible to pay any fine or charge assessed against us by the government concerned and for the cost of transporting you from that country. In such circumstances, 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 detention, deportation or escorting costs, or to incur any expenditure (including the cost of issuing you with a ticket(s) in connection with your deportation or rerouting) by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.
13.5 Customs inspection
If required, you shall attend any 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 shall submit to any security checks by governments, airport officials, carriers or by us.
Article 14: Liability for Damage
14.1 Applicable law
The liability of Overland Airways and each carrier involved in your journey will be determined by applicable law and the carrier's Conditions of Carriage. Our Liability provisions are as described in this Article
Unless otherwise provided in this Article, international carriage, as defined in the Convention, is subject to the liability rules of the Convention.
14.2 Scope of liability
We will be liable only for Damage occurring during carriage on flights or flight segments operated by us or in relation to which we have a legal liability to you. If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier. Where transportation of your Baggage is performed by successive carriers (as defined by the applicable Convention), you may make a claim against the first or last carrier.
14.3 General limitations
14.3.1 Whenever the Convention applies to your carriage, our liability will be subject to the rules and limitations of the applicable Convention.
14.3.2 We will be wholly or partly exonerated from liability if the Damage was caused or contributed to by your negligence, wrongful act or omission, or the negligence of the person from whom you derive your rights or, if different, the person suffering the Damage.
14.3.3 We may be wholly or partly exonerated from liability to you for Damage if we prove that the Damage did not result from our negligence, or that it resulted from the negligence of a third party, or that we took certain measures to avoid the Damage or that it was impossible to take such measures.
14.3.4 Except to the extent inconsistent with the applicable Convention, we are not liable for any Damage arising from our compliance with applicable laws or government rules and regulations, or from your failure to comply with the same.
14.3.5 In some circumstances, we may be wholly or partly exonerated from liability if the Damage did not result from our negligence or, alternatively, resulted from the negligence of a third party.
14.3.6 Except where other specific provision is made in these Conditions of Carriage, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with the applicable Convention or local laws, as applicable.
14.3.7 The contract of carriage, including these Conditions of Carriage and all applicable exclusions and limits of liability, applies for the benefit of our Authorized Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorized Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
14.3.8 Nothing in these Conditions of Carriage:
188.8.131.52 Gives up or waives any exclusion or limitation of our liability under the Convention applicable laws unless otherwise expressly stated by us in writing; or
184.108.40.206 Prevents us from excluding or limiting our liability under the applicable Convention or any laws which apply or gives up any defence available to us thereunder against any public social security body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.
14.4 Death or injury of passengers
In the event of death, wounding or other bodily injury suffered by a passenger as a result of an accident covered by the applicable local law regulating carriage and/or the Convention:
14.4.1 Our liability for proven damages shall be subject to the financial limit, as prescribed by the applicable law regulating Carriage for domestic flight and/or the applicable Convention;
14.4.2 We will not be liable for damages in excess of 113,100 Special Drawing Rights per Passenger where we can prove that the Damage was not due to the negligence or other wrongful act or omission of us or our servants or agents; or such Damage was solely due to the negligence or other wrongful act or omission of a third party.
14.4.3 Notwithstanding the provisions of Article 14.4.2, 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.
14.4.4 We shall, without delay, and in any event not later than fifteen 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 on a basis proportionate to the hardship suffered.
14.4.5 Without prejudice to Article 14.4.4, an advance payment shall not be less than the equivalent of 16,000 Special Drawing Rights per Passenger in the event of death.
14.4.6 An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except in the cases described in Article 14.4.3 or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.
14.4.7 We are not responsible for any illness, injury or disability, including death, attributable to your physical or mental condition or for the aggravation of such condition.
14.5.1 We are not liable for damage to unchecked baggage (other than damage caused by delay which is covered by Article 14.5.4 below), unless the damage was caused by our negligence or the negligence of our agents.
14.5.2 Our liability for damage to your baggage, including damage caused by delay, is limited by the convention to 1,131 SDR except where you prove that the damage resulted from an act or omission by us or our agents carried out either:
- with the intention of causing damage; or
- recklessly and with knowledge that damage would probably result, and you prove that our employees or agents responsible for the act or omission were acting within the scope of their employment.
14.5.3 If you complete a special declaration of higher value at check-in and pay the applicable fee, our liability shall be limited to the higher declared value.
14.5.4 We are not liable for damage to baggage caused by delay if we prove that we and our agents took all reasonable measures to avoid the damage or that it was impossible for us or our agents to take such measures.
14.5.5 We are not liable for any damage caused by your baggage.
14.5.6 You are responsible for any damage caused by your baggage to other people and property, including our property.
14.5.7 We are not liable in any way whatever for damage to or loss of items which you include in your checked baggage although you are forbidden from including them under Articles 8.3.1, 8.3.2 or 8.3.4, or in the case of permitted firearms you have not complied with the conditions for including them under clause 8.3.2, except as provided for by the Convention. These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, business documents, or passports and other identification documents. In the event of any claim for damage, delay or loss, we may avail ourselves of all defences of contributory negligence specified in the Convention.
14.5.8 We are not liable in any way whatever for damage to items which you include in your unchecked baggage although you are forbidden from including them under clauses 8.3.
14.6 Passenger delays
Our liability for Damage caused by delay to your carriage by air is limited by the local laws/regulation governing domestic flights or the Convention (where applicable). Where neither of those laws applies, we will have no liability to you except as provided in these Conditions of Carriage.
14.7 Domestic Carriage in Nigeria
For all carriage on our domestic services within the Federal Republic of Nigeria to which the Convention does not apply, the limit of our liability to or for each Passenger for death, wounding or other bodily injury shall be the sum of USD$100,000.00 inclusive of legal fees and costs subject to proof of the quantum of the claim and that the incident was the result of or was caused by negligence on our part, provided that this limit shall not apply to acts or omissions done with intent to cause damage or recklessly and with knowledge that damage should probably result.
Article 15: Time Limits for Baggage Claims, Processing of Baggage Claims, and Time Limits for All Actions for Damages
15.1 Notice of claims
If you receive checked baggage without making a complaint, it will be sufficient evidence that it was delivered in good condition. If the person with a baggage check or a baggage identification tag receives checked baggage without complaint, this will be sufficient evidence that the checked baggage has been delivered in good condition and according to the contract of carriage, unless you prove otherwise.
Complaints about damage to checked baggage must be made in writing within seven days of receiving the baggage.
If your checked baggage is damaged, you must complain in writing to us immediately you discover the damage and at the latest, within seven days from the date you received the checked baggage.
Complaints about delay to checked baggage must be made in writing within 21 days of the baggage being made available to you. If your checked baggage is delayed, you must complain in writing to us within 21 days at the latest of the checked baggage being made available to you.
15.2 Processing of Baggage claims
15.2.1 All claims for compensation for Damage to Baggage must be accompanied by an itemized list identifying each affected item by description, manufacturer and age, together with proof of purchase or ownership for all such items. Depreciation will be deducted from claims, where we consider appropriate.
15.2.2 In the case of a compensation claim concerning physical damage to Baggage, you must retain and, if requested by us, let us examine the affected Baggage so that we may assess the nature, extent and reparability of that damage.
15.2.3 For all claims for compensation concerning Baggage, you must provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.
15.2.4 If required by us, you will sign a statement of truth regarding the facts of your claim for Damage to Baggage before we pay any compensation to you.
15.2.5 Failure by you to fully comply with the relevant requirements of Article 15.2 may adversely affect the amount of any compensation to which you may be entitled.
15.3 Limitation of actions
Any right to Damages shall be extinguished if an action is not brought within two (2) year 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.
Article 16: Other Conditions
16.1. Carriage to be performed by us and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation for the purpose of the Convention. However, your attention is drawn to Article 14.2.
Article 17: Other Conditions
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern among other things: the carriage of unaccompanied minor pregnant women and sick passengers, restrictions on use of electronic devices and items, the onboard consumption of alcoholic beverages, security, forbidden items in Baggage, limits on size and weight of Baggage, and airport operational policies.
Regulations and conditions concerning these matters are available from us upon request.
Article 18: Interpretation
18.1 Our interpretation of applicable government laws, regulations, or orders in relation to Articles 7.1.1 (right to refuse carriage) and 12.1.1 (conduct aboard aircraft) shall be final and binding even if it subsequently proves incorrect provided that at all material times we had no reasonable grounds for believing otherwise.
The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.