Orient Thai Airlines' terms & conditions of carriage | |||||||||||||||||||||||||||||
Definitions | |||||||||||||||||||||||||||||
1.1 |
Meanings : In these Terms & Conditions, these particular expressions have the following meanings:
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1.2 |
Captions: The title or caption of each Article of these Terms & Conditions is for convenience only and is not to be used for interpretation of the text. |
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Applicability | |||||||||||||||||||||||||||||
2.1 |
General : These Terms & Conditions apply to the carriage by air or by other means of transportation including surface transportation of Passengers and Baggage performed by us or on our behalf and to any liability we may have in relation to that carriage and transportation. |
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2.2 |
Terms & Conditions Prevail : Except as provided in these Terms & Conditions, in the event of inconsistency between these Terms & Conditions and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail. |
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2.3 |
Language : The language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other languages, English shall be the sole language used in the interpretation of these Terms & Conditions |
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Tickets / Itinerary | |||||||||||||||||||||||||||||
3.1 |
Prima Facie Evidence Of Contract : The Itinerary is prima facie evidence of the contract for carriage between passenger and us. The Itinerary, these Terms & Conditions and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us. |
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3.2 |
Transferability : The contract for carriage is only transferable as provided in these Terms & Conditions and our Conditions of Contract. |
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3.3 |
Validity : The Itinerary is only valid for the Passenger named and the flight specified therein. |
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3. 4 |
Identity : We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to produce appropriate identification at check-in. |
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Fares | |||||||||||||||||||||||||||||
4.1 |
General : Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. We shall not be liable to you for your failure to meet any connecting flights. |
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4.2 |
Infants : An infant under the age of two (2) years (on the date of travel) may fly for an administration fee of 10% of adults full IATA fare per sector provided he sits on an adult's lap. Only one (1) infant is allowed for one (1) adult. No baby seats or perambulators are allowed on board the aircraft. |
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4.3 |
Taxes and Insurance Charges : Any tax, fee or charge imposed by the Government or other authority or by the operator of an airport in respect of your use of any services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such taxes, fees and charges imposed on air travel may change from time to time and can be imposed even after the date that your booking has been confirmed. You shall nevertheless bear such tax, fee or charge as and when they fall due prior to departure. |
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4.4 |
Currency : Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us. |
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4.5 |
Accuracy : All fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise any fares and flight schedules at any time and from time to time without prior notice. |
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4.6 |
Applicable Fares : Applicable fares are those published by us or on our behalf, whether electronically or by way of other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated by us. |
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Booking of Seats | |||||||||||||||||||||||||||||
5.1 |
Confirmation of Booking : The booking of a Seat is confirmed after full payment of the fare is made and after we issue you a booking number and/or the Itinerary. Once confirmed, the booking cannot be cancelled and payments made are not refundable. If insisting on changing itinerary is subject to penalty charge which state on the restriction box of ticket, |
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5.2 |
Group Bookings : Bookings for more than 9 passengers must be made via our call center at 1126. We apologize that in the case of group bookings, online booking is not applicable. |
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5.3 |
Flight Change : Changes may be made to previous bookings only via our call center at 1126. Please note that changes are subject to the following conditions and fees.
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5.4 |
Promotional Fares : Article 5.3 regarding Flight Change rules do not apply to certain selected promotional fares |
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5.5 | Name Change : One-Two-GO by Orient-Thai Airlines do not allow passenger to change name on no matter which conditions. | ||||||||||||||||||||||||||||
5.6 |
Payment : Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/or to disallow you to board the aircraft. |
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5.7 |
Personal Data : You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above. |
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5.8 |
Seating : Seat Allocation can be made upon check-in at check-in counter. No advance seat reservation (ASR) would be offered to passengers during reservation stage. Priority for boarding is given to the handicapped, elderly and those traveling with children. No smoking is permitted on any of our flights. |
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Check-in and Other Requirements of Carriage | |||||||||||||||||||||||||||||
6.1 |
Check-In, Deadlines and Conditions : Our check-in counters are open two (2) hours before the scheduled flight departure time (For all domestic routes), open three (3) hours before the scheduled flight departure time (For all international routes). The counters close forty (40) minutes before the scheduled flight departure time. Check-in deadlines may vary at different airports and for particular flights. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check in without any liability to you and without having to refund to you any fare paid:
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6.2 |
Boarding : You must be at the boarding gate at least forty (40) minutes before the scheduled departure time. |
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6.3 |
No-show : If you fail to check in on time or fail to board the aircraft by the time the aircraft departs, the fare you paid will not be refunded to you for any reason whatsoever. |
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6.4 |
Compliance : You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms & Conditions, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions. |
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6.5 |
Travel Documents : You are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, which is the photo identification card, or any government-issued card or your passport, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements. |
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6.6 |
Refusal of Entry : You agree to pay the applicable fare and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund the fare to you. |
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6.7 |
Passenger Responsible for Fines, Detention Costs, etc. : If If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession. |
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6.8 |
Security Inspections : You shall submit to any security or health checks by Government or airport officials or by us. |
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Refusal and Limitation of Carriage | |||||||||||||||||||||||||||||
7.1 |
Right to refuse carriage : We may refuse carriage of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:
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7.2 |
Unaccompanied Child : Children below age 12 intend to travel alone will not be accepted for carriage unless parent or guidance of children signs a UM form for acknowledgement. |
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7.3 |
Special Assistance : Acceptance for carriage of incapacitated persons, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of booking of the Seat and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements. We may charge a fee for providing these special requirements. |
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7.4 |
Pregnant Passengers : It is the duty of pregnant passengers to advise us of the progress of their pregnancy at the point of booking of Seat. Our carriage of pregnant passengers is subject to the following conditions:
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7.5 |
Infants less than 8 days-old: We reserve the right not to carry infants less than eight (8) days-old. We may in our absolute discretion decide to carry such infants on our flights when such carriage is expressly sanctioned in writing by a medical practitioner and when the parent of the infant signs a limited liability statement. |
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Baggage | |||||||||||||||||||||||||||||
8.1 |
Items Unacceptable as Baggage or to be Carried Inside Baggage : We reserve the right to refuse carriage of such baggage or such items found in baggage as follows:
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8.2 |
Valuable and Fragile Goods : Passengers are strongly advised not to check in such items as baggage. If they are checked in as baggage, passengers agree they send for carriage such items at their own risk. Such items include money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like. |
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8.3 |
Right to Search : For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage. We reserve the right to search your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. If you refuse to comply with such searches or scans we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our fault or negligence. |
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8.4 |
Checked Baggage : Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. Checked Baggage will 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 same to you within a reasonable time of arrival of that flight unless applicable law requires you to be present for customs clearance. |
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8.5 |
Free Baggage Allowance : You may transport free of charge checked Baggage up to a maximum weight of 20 kg subject to the conditions and limitations contained in our Terms & Conditions. |
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8.6 |
Excess Checked Baggage : YYou are not entitled to transport Baggage in excess of the free baggage allowance. If, in our absolute discretion, Baggage in excess of the free baggage allowance is accepted for carriage, you shall pay a charge for the carriage of that excess Baggage at the rates:
(These rates may be changed or varied at any time and from time to time and will be available from us upon request and are available at our check-in counters). |
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8.7 |
Unchecked Baggage : Only one (1) piece of baggage is allowed to be carried on board provided that it does not exceed the dimensions and provided that it does not weigh more than 7kg. Such baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board. |
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8.8 |
Collection and Delivery of Baggage : You shall collect your Baggage as soon as it is available for collection at places of destination. If you do not collect it within a reasonable time and the baggage needs to be stored at our premises, we may charge a storage fee. If Checked Baggage is not claimed within three (3) months of the time it was made available to you, we may dispose of it without any liability to you. Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked is entitled to delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he has established to our satisfaction his right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us. |
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8.9
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Lost Baggage : Passengers with baggage loss please contact our staff. If nothing is recovered, the Airlines will compensate the loss with a payment at the rate of 350 baht per kg of lost checked baggage with a maximum of THB 2’000 per piece of baggage, regardless of the value of the content that has been lost. Claims can be made by completing the “Claim Form” available at the Airport handling agent or Airport Ticket Counter. The final settlement amount to be deducted by the interim payment the passenger had received. |
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8.10
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Damaged Baggage : In the course of normal baggage handling, your luggage will acquire evidence of normal wear and tear. Therefore, we regret that Orient Thai Airlines cannot accept liability to the following damages, which are beyond our control: Scratches or Scuffs / Minor dents / Minor cuts / Soil / Pull or Security straps / Handle or Extending handles / Baggage wheels / Concealed damage / Oversized or Over packed bag / Baggage with Limited Release Tag We are also not liable for damage to fragile, perishable or valuable articles, such as money, watch, jewelry, silverware, negotiable papers, securities, business samples, identification documents and electronic equipment, such as camera, mobile phone, walkman and portable computer, etc. Articles of this nature should be carried by passenger personally. We are liable only for d amage occurring on our negligence, or baggage is totally loss . With respect to claims for d amage to your Checked Baggage which are subject to our determination. Claims can be made by completing the “ property irregularities report” available at the Airport handling agent . Note: Any action for lost baggage, d amage and delay of baggage will be barred unless the person reports us on the date of arrival. |
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8.11 |
Baggage Delay : We are liable only for baggage delayed occurring on our negligence only. With respect to claims for baggage delayed to your Checked Baggage which are subject to our determination. Claims can be made by completing the “property irregularities report” available at the Airport handling agent. |
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Schedules, Cancellations | |||||||||||||||||||||||||||||
9.1 |
Schedules : We will use our best efforts to avoid delay in carrying you and your baggage. We will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss incurred by passengers as a result of such change. |
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9.2 |
Cancellation, Changes of Schedules : At any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such flight cancellation, we shall at our option, either:
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9.3 |
Sole remedies : Upon the occurrence of any of the events set out in Article 9.2, the options outlined in Article 9.2 (a) to (c) are the sole and exclusive remedies available to you and we shall have no further liability to you. |
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9. 4 |
Denied Boarding Compensation : IIf we are unable to provide previously confirmed space, we shall provide the first available flight even on other airlines to those passengers denied boarding. However NO other compensation will be provided by us. |
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Refunds and Lost Ticket | |||||||||||||||||||||||||||||
10.1 |
Refund to Proper person : We shall make a refund only to the person who has paid for the Seat upon presentation of identification and satisfactory proof of such payment. |
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10.2 |
Refund Process : Requests for refunds must be made in writing and accompanied by the original Itinerary and/or booking number, proof of payment and identification. Refund process is subject to restriction of ticket. |
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10. 3 |
Lost Ticket : To expedite the process of operation in the case of a lost ticket, the passenger should follow the following procedures: Buy a new ticket to replace the lost one and submit a request for reimbursement along with the following documents:
The passenger may submit the above documents along with the claim for the buying of the new ticket. The fee for such claim is 500 baht. The passenger will be reimbursed the said amount within 2 months after the submission of the claim, provided that the investigation made by the Airlines does not indicate the reusing of the loss ticket. |
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10. 4 |
Right to Refuse Refund :
CURRENCY
BY WHOM TICKET REFUNDABLE
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Conduct Aboard Aircraft | |||||||||||||||||||||||||||||
11.1 |
If in our reasonable opinion you conduct yourself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew including but not limited to those with respect to smoking, alcohol, use of cellular telephones, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft. |
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11.2 |
If as a result of your conduct we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion. |
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11.3 |
For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted. |
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Liability Limitations | |||||||||||||||||||||||||||||
12.1 |
Warsaw, Montreal Convention Notice : If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention 1999 may be applicable and the Warsaw Convention or the Montreal Convention 1999 governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage. |
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12.2 |
Notice of Baggage Liability Limitations : Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel vary according to the respective law. |
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12.3 |
Where Warsaw Convention is not applicable : Where your carriage is not subject to the liability rules of the Warsaw Convention, the following rules shall apply:
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Time Limitation on Claims and Actions | |||||||||||||||||||||||||||||
13.1 |
Notice of Claims : Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action regarding 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 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 Baggage has been placed at your disposal. Every such notification must be in writing and posted or delivered to us within the above periods. |
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13.2 |
Limitation of actions : Any right to damages shall be extinguished if an action is not brought against us within two (2) years of the date of arrival at the 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 law of the court where the case is heard. |
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Modification and Waiver | |||||||||||||||||||||||||||||
14.1 |
None of our agents, employees nor representatives has authority to alter, modify or waive any provisions of these Terms & Conditions.
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