Kulula Cape Town flight |
27 Nov 2011 |
For the first time ever I paid nothing for my Kulula flight! You see, I've got a Kulula credit card and had built up more Kulula moolah than the cost of the flight. This got me in such a good mood that I donated R20 to Kulula's casual day charity. So far so good, I look forward to telling you more about the flight. We paid R499 each (in Kulula Moolah) for the flights and R75 for our infant, thanks to the Kulula online sale that was running.
I tell you this not to show off at how cheaply I'm flying, but to show you what's possible - read our tips for cheap flights to get an idea what else you can do to minimise your flight costs.
After an hour spent reminding myself that next time I must leave more than an hour for packing, we hopped into our airport shuttle bus with EZ-Shuttle, who we use most of the time these days (they also picked us up from Lanseria Airport, and even though the flight was early they were there) as they're friendly, reasonably priced, vehicles are clean & relatively modern, and they've always been on time.
(I was joking with our driver and asked him where we should avoid in Joburg - top of his list is Alexander)
The check-in queue was just a couple of people, but there was a flight hiccup at boarding, as they changed the gate from A10 to C10, and we boarded just in the nick of time.
I had a snack-attack on the plane - ordered crisps & chocolate & grapetiser (soothed my conscience by telling myself I'm on holiday) - which didn't turn into a heart-attack, as the air hostess apologised for forgetting to bring the chocolate, and all ended well.
Our 1-year-old amused himself by walking up and down the aisle saying hello to everybody - who I'm happy to say were friendly back, especially the cabin crew. Our 4-year-old picked 2 books at Exclusive Books at Cape Town International Airport, which kept her entertained (she also tested whether the pilots would open their door if you knocked on it...they don't).
Murphy's law - our little one cried the whole way down, and once we were landed he fell asleep...but was awake again by the time we were ready to go to sleep :)
We were at the beginnings of a highveld sunset, which darkened as the plane descended, and our pilot landed the Kulula wagon relatively smoothly. It was a silent night at Lanseria International Airport, which is still my favourite airport.
We caught a shuttle to the Garden Court Oliver Tambo (it would have been shorter to fly to O.R. Tambo, but we wanted to review the Lanseria flight - our driver told us that this was a common request), where we overnighted before our next flight - Federal Air to Vilanculos.
I've got a terrible memory, and I love it that Kulula sends me a reminder email 2 days before about our flight, to check-in online 24 hours before and details of what the weather is likely to be like.
"The crew of MN466 can't wait to welcome you, our favourite jetsetter onboard and will do their best to make your flight as comfy as possible. You'll be departing from Cape Town International Airport. If you're not sure how to get there we have created a page with maps and directions to help you out. You can check-in online 24 hours before your flight departs, but no later than 2 hours prior to departure. Or when you’re at the airport check in and print your boarding pass using the nifty self service kiosks and avoid the check in queues. Self service check-in will close 40 minutes prior to departure time. Print your boarding pass at home and drop your bag at the 'fast bag drop off' zone located at the check-in counters. It's not a good idea to check-in valuables like cameras, money, jewellery or anything else that's important to you. Bring along your flight reference number, driver’s license, green ID book or passport.
The weather man predicts the following at your destination |
Saturday 26 Nov 2011 / Partly cloudy |
If you can't meet the one bag challenge of 1 bag weighing up to 20kg per passenger, pack another bag and save some bucks by purchasing an extra bag online or through the Contact Centre, you can add bags up to 2 hours prior to your departure. Its not to late for you to pack that extra pair of shoes. Give me another bag
Remember, kulula credit cardholders get an additional 5kgs free baggage by waving their super cool green credit card at the check-in counters.
Take advantage of our great services when you arrive at your destination. Hire a car with great kulula discounts and 200km free per day - it's an offer you simply can't resist.
Do you need place to stay? We've partnered with some of the best hotels in South Africa to offer fans great service, comfy beds and discounts. Book it all online & in real time.
Why not enjoy your very own copy of our onboard magazine, khuluma. Every month it's guest edited by one of South Africa's funniest comedians. There are interesting facts, great things to do and awesome articles to enjoy.
You'll be able to enjoy a Woolies quality meal onboard. We have something for everyone so bring some cash or your credit card to buy drinks and snacks.
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kulula.com travel itinerary
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kulula.com computer generated copy of tax invoice
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| Important travel info
Bring to the airport Bring your booking reference and valid ID book, drivers licence or passport to check-in for your flight/s. Keep your indentification handy for boarding the plane. Check-inOnline check-in opens 24 hours before the departure of your flight and closes 2 hours before departure. Seats may change if there is an aircraft change. Print your boarding pass at home and drop your bag at the ‘fast bag drop off’ zone. Airport check-in opens 90 minutes before take-off and closes sharply 30 min before your flight departs.
Baggage You're allowed 1 free weighing up to a maximum of 20kg at check-in. Any excess weight over 20kg will cost an additional R25 per kilo at the airport. Save some money and purchase excess baggage at reduced rates (up to 50% discount) up to 24 hours prior to departure via our website or Contact Centre. Excess baggage is non-refundable after payment - so consider carefully before adding extra weight to your booking. Excess baggage is non-refundable after payment - so consider carefully before adding extra weight to your booking. Read our hilarious onboard magazine, the khuluma. This is guest edited by South Africa's top comedians. You can even take it home with you if you like. Onboard munchies – Take some cash or a credit card along and let our friendly crew hook you up with some yummy food from Woolies. We have all sorts to settle any craving. Changing your bookingThe fee for changing a booking will cost you R130 per person per sector. Bookings made via our Contact Centre or Airport Ticket Sales are charged at an additional R50 per person per sector (all fees are inclusive of vat), PLUS the difference between your old fare and the new fare available. Our tickets are non-refundable. If you can't make your flight, please don't forget to contact us more than 48 hours before scheduled departure to change your booking to another date, cause if you miss it without changing it first, you'll lose the full value of your ticket. What a waste! Name changesIf the person's name on the ticket needs to be changed, it will cost you R150 per name change online. It's cheaper to make these changes online and it's simple too. All you have to do is click on 'manage my bookings' and have your flight reference number handy. Changes made through the Contact Centre or Airport Ticket Sales will be charged an additional R50 service fee (inclusive of vat). Please note that only future dated bookings can be changed. Dangerous articles (such as compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons and infectious substances) must not be carried in baggage. Ask us if you are unsure what items are regarded as dangerous, 'cause we can't allow you to travel with this sort of stuff in your bags. Unaccompanied minorsKids under 12 have to travel with at least one adult aged 16 years or older and unfortunately we don't accept unaccompanied minors, sorry. |
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While every effort is made to ensure that all information on the site is updated and correct, neither Comair Limited nor kulula.com shall be liable for any loss, breach, damage (whether direct, consequential, general or special) or expense of any nature whatsoever which may be caused, directly or indirectly through the use of, supply or reliance upon any information or service provided by or to the airline through this website.
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Terms and conditions
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| 1 | As used in this contract | |
| 1.1 | ticket means the document entitled "Itinerary/Receipt" issued by the Carrier or on its behalf. | |
| 1.2 | carriage is equivalent to "transportation". | |
| 1.3 | carrier means kulula.com a division of Comair Limited. | |
| 1.4 | Convention means that Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 or that Convention as amended at The Hague , 26 September 1955, Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999, whichever may be applicable; | |
| 2 | Carriage hereunder is subject to the Rules and Limitations relating to liability established by the Warsaw Convention or the Montreal Convention, unless such carriage is not "International Carriage" as defined by that convention. | |
| 3 | To the extent not in conflict with the foregoing, carriage and other services performed by the Carrier are subject to i) Provisions contained in the ticket ii) Applicable tariffs and iii) Carrier's General Conditions for Carriage of Passengers and Baggage and related rules, Terms and Conditions and regulations which are made part hereof and are available on application at the offices of the carrier except in transportation between a place in the United States or Canada or any place outside thereof to which tariffs enforced in those countries apply. |
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| 4 | The carrier's name may be abbreviated. The carrier's address shall be 1 Marignane Drive , Bonaero Park, Kempton Park, 1619. | |
| 5 | The carrier does not operate a connecting flight or interlining service and therefore the passenger will need to check in with their baggage for each leg of his/her journey. The carrier is a point to point airline and cannot and will not accept liability for missed connections between flights on its services or on any other airline or for any consequential expenses loss or damage which may arise for missed connections or delays. It is strongly recommended that you leave at least 120 minutes between flights. | |
| 6 | Baggage must be designed to protect its content. The carrier is not liable for the damage such as scratches, scuffs, stains, dents, cuts and dirt resulting from normal wear and tear or water damage to non-waterproof luggage. The carrier in addition will not accept liability for valuable items (such as jewellery, mobile phones, important documents, laptops, cash, and the like) or fragile items (such as breakable items, laptops and the like). The carrier will furthermore not accept liability for damage or loss of protruding parts such as wheels, straps, pull-handles or other items that are attached to baggage, or items lost as a result of badly packed baggage. | |
| 7 | A ticket is good for carriage on the date and time shown on the ticket, except as otherwise provided in the carrier's terms and conditions, carrier's tariffs, conditions of carriage or related regulations and subject to payment of an administration fee and other charges in respect of any change of reservation by the passenger or change of name by a customer or as otherwise specified in the carrier's conditions of carriage and terms and conditions. No change of reservation are levied for infant passengers on the flight booking. Carrier may refuse transportation if the applicable fare has not been paid. The fare for carriage is subject to change prior to commencement of carriage. Carrier may refuse transportation to any person who has made a reservation and/or acquired a ticket in violation of applicable law, or carrier's rules or regulations. | |
| 8 | All fares and fees are non-refundable except as provided for in Points 6 and 15 of the terms and conditions and as set out in our general conditions of carriage for passengers and baggage. Tickets are non-endorseable except as provided for in the carriers general Conditions for Passengers and Baggage, and cannot be cancelled. | |
| 9 | Although the carrier undertakes to use its best efforts to carry the passenger and his or her baggage with reasonable despatch and to adhere to published schedules in effect on the date of travel, time shown in the timetables, schedules or elsewhere are not guaranteed and form no part of this contract. Schedules are subject to change without notice. | |
| 10 | Passengers must present their unique reference number together with positive identification (e.g. valid passport or valid South African identity document) at check in before departure. Passengers who fail to present their unique reference number and positive identification will forfeit their seats and no refunds or credits will be given. | |
| 11 | On board the carrier's flight, passengers will only be allowed to drink alcoholic beverages purchased by them on board the aircraft, and the consumption of alcohol supplied or brought on board by passengers or third parties is strictly prohibited. | |
| 12 | Passengers shall comply with Government travel requirements, present exit, entry and other required documents and arrive at the airport by the time fixed by the carrier, or if no time is fixed, early enough to complete departure procedures. | |
| 13 | Any exclusion or limitation of liability of the carrier shall apply to and be for the benefit of agents, servants and representatives of the carrier and any person whose aircraft is used by carrier for carriage and its agents, servants or representatives. | |
| 14 | No agent, servant or representative of the carrier has authority to alter, modify or amend provisions of this contract. | |
Effective 1 April 2001
ARTICLE 1. : DEFINITIONS OF PARTICULAR EXPRESSIONS IN THESE CONDITIONS As you read these conditions, please note that:
"we", "our", "ourselves" and "us" means kulula.com a division of Comair Limited, a company (Registration no. 1967/006783/06) duly incorporated under the company laws of the Republic of South Africa) with its main place of business situated at 1 Marignane Drive , Kempton Park , South Africa , 1619.
"you", "your" and "yourself" means any person, except members of the crew, carried or to be carried on our aircraft, having a ticket, valid for the transportation. (See also the definition for "passenger".)
"agreed stopping places" means those places, except the place of departure and the place of destination, set out in your ticket or shown in our timetables as scheduled stopping places on your route.
"airline designator code" means the two or three letters or the letters or numbers which identify particular air carriers.
"appropriate identification" means either a valid South African Identity Document (S.A. I.D. Book) or valid passport or a valid South African Driver's Licence.
"authorized agent(s)" means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
"baggage" means your articles, effects and other personal property necessary or appropriate for wear, use, comfort or convenience in connection with your trip. Unless otherwise specified, it includes 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 we give to you to identify each piece of your checked baggage.
"British Airways/Comair" or "British Airways operated by Comair" means flights operated by Comair Limited under a separate British Airways Plc brand
"checked baggage" means baggage which we have taken into our custody and for which we have issued a baggage identification tag or a baggage check or both. (Checked baggage normally travels in the hold of the aircraft.)
"check-in deadline" means the time limit we have set by which you must have completed check-in and received your boarding pass.
"conditions of carriage" means these conditions of carriage.
"Convention" means whichever of the following instruments are applicable:
"damage" includes death, wounding, or bodily injury to a passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental to it performed by us.
"day" means all seven days of the week. For the purposes of sending notices, we will not count the day on which the notice is sent. For the purpose of deciding whether a ticket is valid, we will not count the day on which a ticket was issued.
"flight" means a flight from one point indicated on the ticket to the next.
"itinerary /receipt" means a document or documents we or our authorized agent(s) issue to you that contains the passenger name, flight information and notices.
"passenger" means any person, except members of the crew, carried or to be carried on our aircraft, with our consent (See also the definition for "you", "your" and "yourself".)
"SDR" means a Special Drawing Right, which is the composite unit of currency constituting 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 airline filed, where required, with the appropriate authorities.
"ticket" means the itinerary/receipt issued by us or on our behalf, and includes our conditions of carriage, Terms and Conditions and Conditions of Contract and notices.
"unchecked baggage" means your baggage other than your checked baggage. (You normally take your unchecked baggage with you onto the aircraft.)
"unique reference number" means the reservation reference number or code that we have provided you at the time of making a reservation and as contained on the itinerary/receipt.
"validity period" means the period for which a ticket is valid.
ARTICLE 2. : APPLICABILITY
| 2.1 | General | |
| 2.1.1 | Subject to Article 2.2, these conditions of carriage will apply to all flights operated by us. | |
| 2.1.2 | These conditions of carriage apply to gratuitous and reduced fare carriage and to other services incidental thereto except to the extent that we have provided otherwise in our Regulations or in the relevant contracts, passes or tickets. | |
| 2.1.3 | These conditions of carriage apply to all of our business activities, including but not limited to charter operations and services incidental thereto, but excludes all flights on the services of British Airways/Comair, for which different conditions of carriage for passenger and baggage apply. | |
| 2.2 | Overriding law | |
| These conditions of carriage are applicable unless they are inconsistent with tariffs or applicable law in which event such tariffs or laws shall prevail. If any provision of these conditions of carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid. | ||
| 2.3 | Conditions prevail over Terms and Conditions and Conditions of Contract | |
| Except as provided in these conditions of carriage, in the event of inconsistency between these conditions of carriage and any of our Terms and Conditions and Conditions of Contract, dealing with particular subjects, these conditions of carriage will prevail | ||
ARTICLE 3. : TICKETS
| 3.1 | Requirement for valid ticket | |||||
| 3.1.1 | We will provide carriage only to the passenger named in the ticket and you will be required to produce your unique reference number and appropriate identification. | |||||
| 3.1.2 | A ticket is non-refundable (except as provided in Article 10), non-endorsable except as set out below and cannot be cancelled. We reserve the right in our sole discretion in certain circumstances including, but not limited to cancelled, delayed or overbooked flights and for any reason other than operational reasons to carry you on the services of a British Airways/Comair flight. Should you be carried on the services of a British Airways/Comair flight for reasons as set out above, British Airways/Comair' General Conditions of Carriage will apply in respect of that flight. Under no circumstances are you entitled to request an endorsement. | |||||
| 3.1.3 | When a ticket has been issued by us or by one of our authorised agent(s) on our behalf it is and remains at all times our property. | |||||
| 3.1.4 | You shall not be entitled to be carried on a flight unless you provide us with appropriate identification and a unique reference number which has been duly issued by us or our authorized agent(s). | |||||
| 3.1.5 | In case of either loss of a ticket, or non-presentation of a ticket and your unique reference number, we may replace such ticket by issuing a new ticket, provided (a) that you provide us with appropriate identification which then matches the name on the ticket, and (b) provided there is evidence, readily ascertainable at the time, that a ticket valid for the flight(s) in question was duly issued and you sign an agreement to indemnify us for misuse of the ticket. | |||||
| 3.1.6 | When this is not the case then we may require the passenger to pay up to the full ticket price for a replacement ticket, subject to refund, if and when we are satisfied that the original ticket has not been used before the expiry of its validity. We may levy a reasonable administration charge for this service. | |||||
| 3.2 | Period of Validity | |||||
| A ticket is good for carriage on the date and time reflected on the ticket except as otherwise provided for in the ticket, our terms and conditions, tariffs and related regulations and subject to payment of an administration fee and other charges in respect of any change of reservation or change of name or otherwise as specified in these conditions of carriage and our terms and conditions. | ||||||
| 3.3 | Change of Reservation | |||||
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| 3.4 | Change of Name | |||||
| Name changes are permitted on domestic flights only. Once you have made your reservation, names of passengers may be changed on payment of an administration fee per passenger booked on the basis as set out in Clause 7 of our terms and conditions per one-way flight. See Clause 7 of our terms and conditions for the current administration fee applicable. | ||||||
| 4.1 | General | |
| Your fare covers transporting you from the airport at the place of departure to the airport at the place of destination, unless we say otherwise. Your fare does not include ground transportation between one airport and another or between the airport and the town terminal. We may charge any surcharge to the fare for your ticket which applies on the date you pay for your ticket, for example a fuel or insurance surcharge. | ||
| 4.2 | Applicable Fares | |
| Subject to Articles 3.3, 3.4 and 4.3, we or our authorized agent(s) will work out the fare for your ticket which applies on the date you pay for it. The fare will be for travel on the specific dates shown on your ticket. If you want to change your dates of travel, then in addition to paying the administration fee, the fare paid may also increase as set out in Article 3.3. | ||
| 4.3 | Taxes, fees and charges | |
| 4.3.1 | You must pay any taxes, fees and charges imposed on us or on you by government or any other authorities, or by operators of airports. | |
| 4.3.2 | When you buy your ticket, we will tell you about any taxes, fees and charges not included in the fare, and they will normally be shown separately on the ticket. | |
| 4.3.3 | 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. | |
| 4.4 | Currency | |
| Fares and charges are payable in those currencies acceptable to us, at exchange rates determined by us at the time the ticket is issued. | ||
ARTICLE 5. : RESERVATIONS
| 5.1 | Reservation Requirements | |
| 5.1.1 | Reservations are not confirmed until recorded as accepted by us, supported by a unique reference number. We will make this unique reference number available to you at the time the ticket is issued. | |
| 5.1.2 | Fares are non-refundable except as provided for in Article 10 and tickets cannot be cancelled and are non-endorsable except as provided for in article 3.1.2 as above. | |
| 5.1.3 | Reservations are otherwise subject to our Rules in force from time to time. | |
| 5.2 | Ticketing Time Limits | |
| If a passenger has not paid for the ticket prior to the expiry of the specified ticketing time limit, we will cancel the reservation. | ||
| 5.3 | Personal Data | |
| 5.3.1 | We may use the personal information that you provide, including information about how you use our services and facilities ("your personal information") for the purposes of :
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| 5.3.2 | For these purposes we may release your personal information to:
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| 5.4 | Seating | |
| You may be assigned a seat at check-in, but we cannot guarantee that you will be able to sit in any particular seat. We can change your seat at any time, even after you have boarded the aircraft, as we may need to do this for operational, comfort, safety or security reasons. | ||
| 5.5 | Special Services | |
| 5.5.1 | We will try to ensure that special services requested by you when you make your reservation, such as wheelchairs from the airport check-in to the aircraft, are available, subject to the provision of Article 7.3.3. No charge will be made to you for the provision of such services. We will not, however, be liable to you for loss, expense, breach of contract or other damage should we, for any reason, be unable to supply such previously requested service. | |
| 5.6 | Catering | |
| No free on-board catering service will be provided by us as part of our normal service. Drinks and snacks (a limited variety) will be available for sale on board our flights. | ||
ARTICLE 6: CHECK-IN AND BOARDING
| 6.1 | You must have completed the check-in process by the check-in deadline. If you do not complete the check-in process by the check-in deadline, we may decide to cancel your reservation and not carry you. By completing the check-in process, we mean that you have received your boarding pass for your flight. | |
| 6.2 | You must be present at the boarding gate no later than the time we give you when you check-in. We may decide not to carry you if you fail to arrive at the boarding gate on time. | |
| 6.3 | We may cancel your reservation if you fail to produce your unique reference number and appropriate identification when checking in. | |
| 6.4 | We will not be liable to you for any loss or expense you suffer if you fail to meet the check-in deadline or fail to be at the boarding gate on time or fail to produce your unique reference number and appropriate identification at check-in. | |
| 6.5 | Online Check-in | |
| 6.5.1 | Online Check-in is available to all passengers travelling with an e-ticket on selected flights on kulula.com. | |
| 6.5.2 | Visit kulula.com from 24 hours to 90 minutes prior to the scheduled departure time of your kulula.com flight and follow the simple instructions. | |
| 6.5.3 | To access your itinerary, you will need your confirmed booking number which is to be found on your booking confirmation email. Please note that during the introductory phase of the Online Check-in system, only passengers travelling on flights having the MN prefix followed by three digits will be able use the Online Check-in. | |
| 6.5.4 | Passengers who wish to make a change to their booking after they have used the Online Check-in should be aware that this will result in their Online Check-in being cancelled and they will be required to either check-in again online or check-in at the airport. | |
| 6.5.5 | kulula.com reserves the right to suspend or not to offer Online Check-in for certain flights from time to time. In this case you will need to check-in as per the normal airport check-in procedure. | |
| 6.5.4 | For passengers travelling with infants, the Online Check-in system, via the booking number will recognise that the passenger is being accompanied by an infant and pre-seat the passenger and infant automatically. For safety reasons, adults with infants on their laps will be restricted to certain seats on the aircraft. Infants can only travel with their legal guardian. Where a passenger using Online Check-in is not identifiable as the parent of the accompanying infant, the passenger may, at the boarding gate, be required to prove guardianship of, or written authority from the parents or guardian to transport the infant. | |
| 6.6 | Home printed boarding passes | |
| 6.6.1 | After completing the Online Check in process, you will be supplied with a computer generated image of a boarding pass containing the information relevant to your intended flight. This image can be printed at home before you leave for the airport. You can reprint your boarding pass by going to the Online Check-in screen and request a reprint alternatively use the self-service kiosk at the airport for this purpose. Home prints need to reveal the entire boarding pass document and have a minimum resolution of 300 dpi. If these conditions are not met, you may be required at the airport to reprint your boarding pass at the check-in counters or the self-service kiosk. | |
| 6.7 | Baggage drop off and Boarding requirements | |
| 6.7.1 | Passengers must deliver baggage to be checked in to the kulula.com Fast Bag Drop no later than 60 minutes prior to departure. Failure to deliver your baggage on time will cause this baggage not to be loaded onboard the aircraft. kulula.com reserves the right to refuse acceptance of baggage that is not in conformity with our Baggage and Luggage Policies. For safety reasons, certain dangerous articles must not be carried in passengers' baggage. Click here for more details. | |
| 6.7.2 | Once you have delivered your baggage, you may proceed directly to Security without reporting to the check-in counters first. | |
| 6.7.3 | At Security you will need to present your printed boarding pass. | |
| 6.7.4 | Once you have proceeded through Security, you will need to check the flight information screens in the departure lounge for boarding and gate information. This information will not be contained on your boarding pass. | |
| 6.7.5 | Passengers must report to the boarding gate at least 30 minutes prior to departure. Failure to arrive at the boarding gate on time will result in you being denied boarding and if necessary your baggage being offloaded from the aircraft. | |
| 6.7.6 | All passengers using the Online Check-in must present a valid ID book, driver’s license or passport for domestic routes or a valid passport for international routes which will be checked at the boarding gate. Any passenger without appropriate identification as mentioned above will be refused travel. | |
| 6.7.7 | Any passenger failing to present their boarding pass at the boarding gate will be required to have their boarding pass re-issued at the kulula.com check-in counters. On return to Security, you will be obliged to re-submit yourself for security screening. kulula.com accepts no liability where such re-issue process results in a passenger missing their flight by failing to report at the boarding gate at the stipulated time before the flights departure. | |
| 6.8 | Hand luggage restrictions | |
| 6.8.1 | Passengers travelling with hand baggage should ensure that it meets our requirements with respect to number, size and weight of articles being carried and does not contain any sharp or dangerous objects. kulula.com reserves the right to refuse acceptance of hand luggage that is not in conformity with our Baggage and Luggage Policies. | |
ARTICLE 7. : REFUSAL AND LIMITATION OF CARRIAGE
| 7.1 | Right to Refuse Carriage | |
| We may decide to refuse to carry you or your baggage if one or more of the following has happened or we reasonably believe may happen: | ||
| 7.1.1 | the carriage of you or your baggage may be in breach of any applicable government laws, regulations, or orders; | |
| 7.1.2 | the carriage of you or your baggage may endanger the safety, health, comfort or convenience of other passengers or crew; | |
| 7.1.3 | your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property; | |
| 7.1.4 | your condition is such that it is likely to interfere with and/or obstruct the crew in the performance of their duties and/or where your condition is likely to cause other passengers discomfort or cause them to complain; | |
| 7.1.5 | if carrying you or your baggage may affect the comfort of any person in the aircraft; | |
| 7.1.6 | if you are drunk or under the influence of drink or drugs; | |
| 7.1.7 | if you are, or we reasonably believe you are, in unlawful possession of drugs; | |
| 7.1.8 | if your mental or physical state is in danger or risk to you, the aircraft or any person in it; | |
| 7.1.9 | if you have refused to allow a security check to be carried out on you or your baggage; | |
| 7.1.10 | if you have not paid the applicable fare, taxes or charges; | |
| 7.1.11 | 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; | |
| 7.1.12 | If you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft; | |
| 7.1.13 | 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; | |
| 7.1.14 | You have deliberately interfered with a member of the crew of the aircraft carrying out his/her duties; | |
| 7.1.15 | You have put the safety of either the aircraft or any person in it in danger; | |
| 7.1.16 | You have made a hoax bomb threat; | |
| 7.1.17 | You have committed a criminal offence during the check-in or boarding process or on board the aircraft; | |
| 7.1.18 | You do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your documentation during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested; | |
| 7.1.19 | you are unable to produce your unique reference number together with appropriate identification or the identification produced does not accord with the name in our reservation system; | |
| 7.1.20 | if you destroy your travel documents during flight; | |
| 7.1.21 | if you refuse to allow us to photocopy your travel document; | |
| 7.1.22 | 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; | |
| 7.1.23 | if you ask the relevant government authority for permission to enter a country in which you have landed as a transit passenger; | |
| 7.1.24 | if carrying you would break government laws, regulations or orders; | |
| 7.1.25 | if you have refused to give us information which a government authority has asked us to provide about you; | |
| 7.1.26 | You have not presented a valid ticket; | |
| 7.1.27 | You have presented a ticket acquired illegally; | |
| 7.1.28 | You have presented a ticket which has been reported as being lost or stolen; | |
| 7.1.29 | You have presented a counterfeit ticket; | |
| 7.1.30 | You have presented a ticket with an alteration made neither by us or our authorized agents; | |
| 7.1.31 | You cannot prove you are the person named in the ticket; | |
| 7.1.32 | if you have changed your transportation other than in accordance with Article 3.3 and Article 3.4; | |
| 7.1.33 | if you have failed to present your unique reference number, ID documents, passport or your boarding pass or your travel documents to us when reasonably asked to do so; | |
| 7.1.34 | if you have failed to complete the check-in process by the check-in deadline; | |
| 7.1.35 | if you have failed to arrive at the boarding gate in time; | |
| 7.1.36 | You have behaved in a way mentioned above or in connection with a previous flight and we believe you may repeat this behaviour; | |
| 7.1.37 | You fail to observe our instructions with respect to safety or security; | |
| 7.1.38 | If you have refused or failed to undergo a health screening or a health examination requested by us or by a government or enforcement agency. | |
| 7.2 | Our right to refuse to carry you when we have banned you from our route network | |
| 7.2.1 | we will be entitled to refuse to carry you or your baggage if we have given you a banning notice and you have bought your ticket while the ban applies; | |
| 7.2.2 | by a banning notice we mean a notice we have given to you informing you that you are banned from being carried on our route network. (This means that 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 purchase a ticket and intend to travel on our services while the banning notice is in force, we will refuse to carry you. | |
| 7.3 | Special Assistance | |
| 7.3.1 | Passengers with special needs who book their tickets over the telephone must advise our Contact Centre of their requirements at the time of reservation. Passengers wishing to purchase tickets over the Internet must contact our Contact Centre prior to making their reservation, to give details of their requirements; | |
| 7.3.2 | We are unable to accept those passengers with a level of disability which requires the presence of a Care Assistant, unless a Care Assistant is travelling to accompany the passenger; | |
| 7.3.3 | We will accept a maximum of two wheelchair passengers per flight. We will only accept groups of more than two wheelchair passengers by prior arrangement. Wheelchair facilities can be provided at the airport for passengers who are completely immobile and cannot walk unaided, or are unable to climb the aircraft steps, or cannot walk long distances; | |
| 7.3.4.1 | We do not accept unaccompanied children for travel. Unaccompanied young persons must be 12 (twelve) years or over to be accepted; | |
| 7.3.4.2 | Children under 12 years of age cannot travel without an adult aged 16 years or older who must take responsibility for the child; | |
| 7.3.4.3 | Infants under the age of 2 years (on the date of travel) pay R50 per sector and must sit on an accompanying adult's lap; | |
| 7.3.5 | Carriage of pregnant women, persons with illnesses and other persons requiring special assistance is subject to prior arrangement with us; | |
| 7.3.6 | We may decide not to carry pregnant women, passengers who are ill, passengers who are disabled, passengers who have limited mobility or need special help, if arrangements to carry them have not been made before check-in. | |
ARTICLE 8. : BAGGAGE
| 8.1 | Free baggage allowance | |
| We will carry some of your baggage free of charge, subject to our conditions and limitations which are available upon request from us. | ||
| 8.2 | Excess baggage | |
| You will be required to pay a charge for carriage of baggage in excess of the free baggage allowance. These rates are available from us upon request. | ||
| 8.3 | Items unacceptable as baggage | |
| 8.3.1 | You must not include in your baggage (whether as checked baggage or unchecked baggage) | |
| 8.3.1.1 | items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request); | |
| 8.3.1.2 | items, the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over; | |
| 8.3.1.3 | items which we reasonably consider as unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, we will take account of the type of aircraft being used. | |
| 8.3.2 | If we discover that you are carrying items which are forbidden as set out in Clause 8.3.1, we will refuse to carry them. Please ask us or our authorized agent(s) for information about forbidden items if you need it. | |
| 8.3.3 | If, despite being prohibited, any items referred to in Article 8.3.1 are included in your baggage, we shall not be responsible for any loss or damage to such items. | |
| 8.4 | Firearms | |
| 8.4.1 | We do not carry firearms and ammunition other than firearms and ammunition for hunting and sporting purposes. Firearms and ammunition for hunting and sporting purposes are only carried on certain of our flights. (Further information in this regard is available on request.) We may charge a handling fee for accepting firearms and ammunition for hunting and sporting purposes or we may exclude firearms and ammunition for hunting and sporting purposes from your free baggage allowance, in which case you will have to pay an excess baggage charge. | |
| 8.4.2 | If you want us to carry sporting guns or ammunition you must get our permission before you check in. If you do not, we may decide not to carry them. | |
| 8.4.3 | All sporting guns and ammunition must be carried as checked baggage and we will not allow you to take them into the aircraft cabin. | |
| 8.4.4 | Carrying of sporting guns and ammunition is covered by the ICAO Technical Instructions and the IATA Regulations referred to above. | |
| 8.4.5 | Carrying of sporting guns and ammunition is covered by the ICAO Technical Instructions and the IATA Regulations referred to above. | |
| 8.4.6 | You must make sure that you have all documents you need for firearms and ammunition for hunting and sporting purposes. If you do not, we may decide not to carry them. | |
| 8.5 | Dangerous items you must not take with you on the plane | |
| 8.5.1 | You must not take any item into the aircraft cabin if we tell you that we reasonably believe that its presence there would affect the safety and security of the aircraft or any person in it. You must not take any item into the aircraft cabin which you are forbidden from taking into the aircraft cabin by law. | |
| 8.5.2 | You must not take antique, toy or replica guns into the aircraft cabin. | |
| 8.5.3 | You must not take swords, knives, archery bows, arrows or similar weapons into the aircraft cabin. | |
| 8.5.4 | We may tell you either to check in items referred to in Clauses 8.5.1, 8.5.2 or 8.5.3 as checked baggage or refuse to carry them altogether. | |
| 8.6 | Fragile or perishable items must not be packed in baggage, checked into the hold. | |
You must not include in your checked baggage fragile or perishable items or items of special value such as but not limited to
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| 8.7 | We are not responsible for loss of or damage to forbidden items.
If, despite the fact that an item is forbidden under Clauses 8.3, 8.5 or 8.6, you included it in your baggage, we will not be responsible for any loss or damage caused to it. |
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| 8.8 | Right to Refuse Carriage | |
| 8.8.1 | We will refuse to carry as baggage the items described in Article 8.3 and Article 8.5, and we may refuse further carriage of any such items on discovery. | |
| 8.8.2 | We may refuse to carry as baggage any item because of its size, shape, weight, contents or character, or for safety or operational reasons, or in the interests of the comfort and convenience of other passengers. | |
| 8.8.3 | We may carry on later flights baggage which is in excess of your free baggage allowance. | |
| 8.8.4 | We will refuse to carry checked baggage if we reasonably believe that it is not properly and securely packed in suitable containers. | |
| 8.9 | Our right to Search, Screen and X-Ray you and your baggage | |
| 8.9.1 | For reasons of safety and security we will ask to search and screen you and search, screen or X-Ray your baggage. We will always try to search, screen or X-Ray your baggage when you are present. However, if you are not available, we may search your baggage in your absence. If you do not allow us to carry out the necessary safety and security searches, screenings and X-Rays, we will refuse to carry you and your baggage. | |
| 8.9.2 | If a search or screening causes damage to you, or a search, screening or X-Ray causes damage to your baggage, we will not be liable for the damage unless it was caused by our gross negligence or fault. | |
| 8.10 | Checked Baggage (Baggage checked into the hold) | |
| 8.10.1 | On delivery to us of your baggage which you wish to check in or of your baggage which we require you to check in prior to boarding we will take custody of, and issue a baggage identification tag for each piece of your checked baggage. | |
| 8.10.2 | Checked baggage must have your name or other personal identification affixed to it. | |
| 8.10.3 | Checked baggage will, wherever 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. | |
| 8.11 | Unchecked baggage (Baggage you carry onto the plane) | |
| 8.11.1 | We may specify maximum dimensions for baggage which you carry on to the aircraft. If we have not done so, 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 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. | |
| 8.11.2 | We will when cabin space permits, allow you to carry a "laptop" personal computer, over and above your cabin baggage allowance. When space does not permit, we may require the laptop to be assessed as part of your free baggage allowance, and carry as checked baggage the laptop and such other items of baggage that would otherwise be carried in the passenger cabin. | |
| 8.11.3 | Objects not suitable for carriage as checked baggage (such as delicate musical instruments), and which do not meet the requirements in Article 8.11.1 above, will only be accepted for carriage in the passenger cabin if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service and the carriage of such baggage is subject to there being available space. No guarantee is given that such object will be carried. We accept no liability for loss or damage to such articles. | |
| 8.12 | Collection and Delivery of Baggage | |
| 8.12.1 | Unless Clause 8.10.3 applies, you are required to collect your checked baggage as soon as it is made available at your place of destination. 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. | |
| 8.12.2 | Only the bearer of the baggage check or baggage identification tag is entitled to delivery of the checked baggage. | |
| 8.12.3 | If a person claiming checked baggage is unable to produce the baggage check or identify the baggage by means of a baggage identification tag, we will deliver the baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the baggage. | |
| 8.13 | Animals | |
| 8.13.1 | kulula.com accepts domestic pets (dogs, cats and household birds) for travel on our domestic flights in the pressurised hold of the aircraft. Customers wishing to carry these pets on kulula.com flights must adhere to the following terms and conditions: | |
| 8.13.1.1 | On domestic flights (within the Republic of South Africa), the following will apply:
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| 8.13.1.2 | On international flights (by which we mean all flights other than domestic flights) the following will apply:
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| 8.13.1.3 | On all flights (by which we mean both domestic and international) the following will apply:
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ARTICLE 9. : SCHEDULES, CANCELLATION OF FLIGHTS
| 9.1 | Schedules | |
| 9.1.1 | The flight times shown on the timetable may change between the date of publication and the date you actually travel. We do not guarantee these flights to you and they do not form part of your contract or carriage with us. | |
| 9.1.2 | Before we accept your reservations, we or our authorized agent(s) will tell you the scheduled departure time of your flights. We may need to change the scheduled departure time of your flight after your ticket has been sent to you. If you give us or our authorized agent(s) contact information, we or they will try to let you know about any changes. | |
| 9.1.3 | If, after you buy your ticket
We will give you a refund in accordance with Article 10. This is not applicable to car hire or hotel accommodation. |
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| 9.1.4 | We do not operate a connecting or interlining service and therefore the passenger will need to check in with his/her baggage for each leg of his/her journey. We are a point to point airline and cannot and will not accept responsibility for missed connections between flights on our services or with any other airline or for any consequential expenses which may arise for missed connections. | |
| 9.2 | Cancellation, rerouting, etc | |
| 9.2.1 | We will take all reasonable measures necessary to avoid delay in carrying you and your baggage | |
| 9.2.2 | If we cancel a flight or delay a flight by more than 5 hours, we shall use our reasonable endeavours to advise the passenger via telephone, sms or e-mail. Then we shall either: | |
| 9.2.2.1 | carry you on another of our scheduled services on which space is available without additional charge and where necessary extend the validity of your ticket, or | |
| 9.2.2.2 | carry you on the services of a British Airways Comair flight on which space is available without additional charge. | |
| 9.2.2.3 | If neither of the above alternatives is available, we will make a refund in accordance with the provisions of Article 10. | |
| 9.2.3 | The above remedies are the only remedies available to you and we will have no further liability to you except as may be provided by any law which may apply. | |
| 9.3 | Denied Boarding Compensation | |
| 9.3.1 | If you are denied boarding against your will on a flight for which you have both a valid ticket and confirmed reservation, we will pay you compensation as my be required by any law that applies. This will not apply if you fail to meet the check-in or boarding requirements or we exercise our right to refuse to carry you, as set out in Article 7.1. No denied boarding compensation will be paid in respect of infant fees. | |
ARTICLE 10. : REFUNDS
| 10.1 | All fares and fees are non-refundable except as provided in 10.2. | |
| 10.2 | Refund will be made if we cancel a flight and are unable to accommodate you as provided for in Articles 9.1.3 and 9.2 of the Conditions of Carriage and Article 15 of the Terms and Conditions. | |
| 10.3 | All refunds that are made will be made in South African Rands ("ZAR") only, unless we in our sole discretion agree otherwise. | |
| 10.4 | You must, if you are entitled to a refund, prove to us that you are the person named on the ticket or, if this applies, the person who pays for the ticket. If the ticket has been paid for by someone other than the passenger named on it and it says that there is a restriction on a refund, we will only make a refund to the person who paid for the ticket. | |
ARTICLE 11. : BEHAVIOUR ON THE AIRCRAFT
| 11.1 | Unacceptable Behaviour | |
If, while you are on board the aircraft, we reasonably believe that you have:
we may take any measure we think reasonable to prevent you continuing your behaviour. When the aircraft lands we may decide to:
Report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offence you might have committed. |
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| 11.2 | Diversion Costs caused by unacceptable behaviour | |
| If, as a result of your behaviour, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable and proper cost of the diversion. | ||
| 11.3 | Using Electronic Devices on board the aircraft | |
For safety reasons, we may decide not to allow you to use electronic devices when you are on board the aircraft, including
You must not use these items when we have told you that they are not allowed. We will allow you to use hearing aids and heart pacemakers. |
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ARTICLE 12. : ARRANGEMENTS FOR ADDITIONAL SERVICES
| 12.1 | Services provided by other companies | |
If we
we are only acting as your agent in making the arrangements or issuing the tickets, vouchers or confirmation. The terms and conditions of the company providing the services will apply. |
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| 12.2 | Liability for services provided by other companies | |
| We shall have no liability to you in respect of such transportation or services (including for any act or omission, non-provision or delay) whether in breach of contract or otherwise, except for liability for gross negligence on our part in making such arrangements, which liability shall be subject to and limited by the provisions of Article 15. | ||
ARTICLE 13. : ADMINISTRATIVE FORMALITIES
| 13.1 | General | |
| 13.1.1 | You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit. | |
| 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 refuse carriage if you have not complied 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, you must pay to us the cost of any fine or charge assessed against us by the Government concerned and the cost of transporting you from that country. The fare collected for carriage to the point of denied entry will not be refunded by us. | ||
| 13.4 | Passenger Responsible for Fines, Detention Costs, etc | |
| If we are required to pay any fine or penalty or to incur any expenditure by reason of 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 any expenditure so incurred. We may apply towards such payments 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 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 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. : SUCCESSIVE CARRIERS
| We are a point to point airline. We do not operate a connecting flight or interlining service and it is not our intention to operate any carriage which could be regarded as successive carriage or part of International Carriage for purposes of any applicable International Convention. | ||
ARTICLE 15. : LIABILITY FOR DAMAGE
| 15.1 | Applicability | |
| These conditions of carriage govern our liability to you. | ||
| 15.2 | International Carriage is governed by the Convention as modified by this clause. | |
Unless otherwise provided for in this Article 15 or in these conditions of carriage, the liability rules of the Convention, as varied by the rest of this Clause 15, will apply to international carriage, as defined in the Convention.
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| 15.3 | Our Liability for the Death, wounding or other bodily injury of passengers | |
| 15.3.1 | In respect of international carriage to which the Convention applies: | |
| 15.3.1.1 | Our liability for damages sustained in the event of death, wounding or other bodily injury to a passenger in the event of an accident shall not be subject to any financial limit, whether defined by law, Convention or contract. | |
| 15.3.1.2 | We shall be insured up to the limit of liability set out in Clause 15.3.1 and after that up to a reasonable level. | |
| 15.3.1.3 | For any damage up to the sum of the equivalent of 113 100 SDR's, we shall not exclude or limit our liability by proving that we or our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures. | |
| 15.3.1.4 | Notwithstanding the provisions of Clause 15.3.1.3, 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 liability in accordance with the applicable law. | |
| 15.3.1.5 | To the extent that damage under this clause 15.3.1 may potentially exceed 113 100 SDR's, they will be reduced accordingly if we prove that the damage was not due to the negligence or other wrongful act or ommission of us or our agents or that the damage was solely due to the negligence or other wrongful act or omission of a third party. | |
| 15.3.1.6 | We shall, without delay and in any event not later than 15 (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 the basis proportionate to the hardships suffered. | |
| 15.3.1.7 | Without prejudice to Clause 15.3.1.6, an advance payment shall not be less than the equivalent of 16000 SDR's per passenger in the event of death. | |
| 15.3.1.8 | An advance payment shall not constitute a recognition of our liability. | |
| 15.3.1.9 | An advance payment may be offset against any subsequent sums paid on the basis of our liability. | |
| 15.3.1.10 | An advance payment is not returnable, except in the case described in Clause 15.3.1.4 or in circumstances where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation. | |
| 15.3.1.11 | We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition. | |
| 15.3.2 | For transportation which is wholly within the borders of the Republic of South Africa ("Domestic Carriage") and which is not international carriage to which the Convention applies: | |
| 15.3.2.1 | Our liability for damages sustained in the event of death, wounding or other bodily injury by a passenger in the event of an accident shall be limited to the sum of 113 100 SDR's. | |
| 15.3.2.2 | We shall be insured up to the limits of liability set out in this clause 15.3.2 and after that up to a reasonable level. | |
| 15.3.2.3 | Our liability as set out in this clause 15.3.2 shall be excluded or limited if we are able to prove that we or our agents have taken all necessary measures to avoid the damage or that it was impossible for us or our agents to take such measures. | |
| 15.3.2.4 | In addition to the provisions of Clause 15.3.2, if we prove that the damage is caused by, or contributed to by, the negligence of the injured or deceased passenger, we may additionally be exonerated wholly or partly from liability in accordance with applicable law. | |
| 15.3.2.5 | We are not responsible for any illness, injury or disability, including death, attributable to your physical condition, or for the aggravation of such condition. | |
| 15.4 | Our Liability for damage to Baggage | |
| 15.4.1 | We are not liable for damage to checked baggage (other than damage caused by delay, which is governed by Clause 15.4.4 below) unless such damage was caused by our gross negligence or the gross negligence of our agents. We shall further not accept liability for the damage such as scratches, scuff, stains, dents, cuts and dirt resulting from normal wear and tear or water damage to non-waterproof baggage, damages or loss of protruding parts such as wheels, straps, pull handles or other items that are attached to baggage or items lost as a result of badly packed luggage. | |
| 15.4.2 | For International Carriage (i.e. flights which do not constitute Domestic Carriage), our liability for damage to your baggage, including damage caused by delay, is limited by the Convention to 1131 SDR's 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 the knowledge that damage would probably result and you prove that our employees or agents responsible for the act or omission were acting within the course and scope of their employment. | |
| 15.4.3 | For Domestic Carriage (carriage wholly within the Republic of South Africa), our liability for damage to checked baggage is limited to:
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| 15.4.4 | We are not liable for damage to baggage caused by delay if we prove that we or our agents took all reasonable measures to avoid the damage or it was impossible for us or our agents to take such measures. | |
| 15.4.5 | We are not liable for any damage caused by your baggage. You shall be responsible for any damage caused by your baggage to other persons or property, including our property. | |
| 15.4.6 | We shall have no liability whatsoever for loss of or damage to articles not permitted to be contained in checked baggage under Articles 8.3, 8.5 and 8.6, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, cellular phones, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, whether or not such baggage was handed over to a member of our staff or to our agents. | |
| 15.5 | Our liability for damage caused by delay to passengers | |
| 15.5.1 | For International Carriage only | |
| 15.5.1.1 | Our liability for damage caused to a passenger by delay is limited by the Convention to 4694 SDR's. | |
| 15.5.1.2 | We are not liable for damage to passengers 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. | |
| 15.6 | General | |
| 15.6.1 | We will be liable only for damage occurring during carriage on flights operated by us. | |
| 15.6.2 | We are not liable for any damage arising from our compliance with or your failure to comply with applicable laws or Government rules and regulations. | |
| 15.6.3 | Our liability, if any, shall be limited to proven compensatory damages, and in any event, we shall not be liable for indirect, consequential, or any other form of non-compensatory damages. | |
| 15.6.4 | The contract of carriage, including these conditions of carriage and exclusions or limits of liability, applies to 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. | |
| 15.6.5 | Nothing in these conditions of carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated. | |
| 15.6.6 |
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ARTICLE 16. : TIME LIMITATION ON CLAIMS AND ACTIONS
| 16.1 | Notice of Claims | |
| 16.1.1 | 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. | |
| 16.1.2 | 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 made in writing. | |
ARTICLE 17. : ACTION FOR DAMAGES MUST BE BROUGHT WITHIN 2 (TWO) YEARS
You will have no right to damages if an action is not brought within 2 (two) years calculated from:
The method of calculating the period of limitation will be determined by the law of the court where the case is heard. |
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ARTICLE 18. : OUR REGULATIONS
When we carry you or your baggage, you must obey our regulations. These concern, amongst other things:
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ARTICLE 19. : MODIFICATION AND WAIVER
None of our authorized agents, servants, employees or representatives has authority to alter, modify or waive any provision of these conditions of carriage. |
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ARTICLE 20. : APPLICABLE LAW
| 20.1 | Carriage is subject to the law of the Republic of South Africa and this agreement shall be interpreted according to the laws of South Africa . | |
| 20.2 | The headings of each paragraph are inserted for convenience only and have no separate bearing when interpreting the agreement which must be interpreted as a whole. | |
| 20.3 | For Domestic Carriage, any action taken against us shall be taken in the Republic of South Africa in the Court which has jurisdiction over us. Consequently you hereby consent to the jurisdiction of the High Court of South Africa in respect of any action whatsoever that may be taken by you against us. | |