Conditions of Carriage
Detailed conditions of carriage for passengers and baggage in international and domestic air carriage
Air Slovakia BWJ, Ltd. (hereinafter referred to as „AS“) issues these Detailed conditions of carriage for passengers, baggage and goods in air carriage according to the Article 4 of the Decree of the Ministry of Transport No. 17/1966 Coll. on air carriage order and with the consent of the Ministry of Transport.
I. Detailed conditions of carriage for passengers and baggage in international and domestic air carriage
§ 1 Range of Applicability
1. General provisions
These detailed conditions of carriage for passengers and baggage in air carriage (hereinafter referred to as „conditions“) relate to every regular and irregular domestic and international carriage of passengers and baggage performed by AIR SLOVAKIA BWJ (hereinafter referred to as „carrier“) including services relating to this carriage.
2. Free-of-charge carriage
If there is a carriage performed free-of-charge, the carrier is entitled to exclude the validity of these conditions as a whole or of any part of them.
3. Contractual flights
These conditions shall apply also to a carriage of passengers and baggage, performed on the basis of a contract on charter, unless it is otherwise stated in a charter contract.
§ 2 Ticket
A ticket shall be issued by the carrier or a dealer authorized by him, after fare payment in cash, or according to a credit agreement with carrier. The carrier shall not carry a person who shall not submit a valid ticket. Passenger has to submit the ticket and to hand in the relevant flight coupons to the carrier or authorized representative upon the carrier request or other authorized authorities. The flight coupons have to be used in the order stated on the ticket coupon for a passenger. In addition, passenger has to have with him during the all the period of time of the carriage the ticket with all the flight coupons not handed in to the carrier yet, or a confirmation of the carrier substituting this coupon. The ticket is not transferable. In case of a use of so called electronic ticket, the special procedures of the carrier shall apply.
2. Invalidity of ticket
The carrier shall be entitled to refuse the carriage of a passenger if:
a) a ticket submitted is damaged,
b) data in ticket are changed by a person different from the carrier or an approved sales representative,
c) a ticket is submitted without a valid coupon for passenger,
d) a ticket does not include a number of confirmed reservation,
e) a carrier has a justified suspicion about an authenticity of the document.
3. Ticket validity
The ticket shall entitle a passenger for a carriage from an airport of departure to an airport of destination according to the carriage direction and tariff stated in the ticket on the date and for the flight, for which a place was ensured. If the ticket is issued without a date of flight, it is possible to provide a place to passenger only according to space and loading possibilities of the requested flight. If the carrier is not able to ensure a place in an aircraft confirmed previously for a passenger, or a postponement of the flight occurs within the time of validity, the validity of the ticket shall extend to a time when the carrier shall be able to make a carriage under the conditions of the tariff used.
4. Loss of theft of ticket
In justified cases, the carrier may issue a new ticket to a passenger as a substitution of the lost of stolen one. If it is the case, the passenger shall be obliged to settle the costs connected with the issue of a duplicate and to undertake in written that he / she shall pay all possible damages and losses that may occur due to a misuse of originally lost document.
§ 3 Flight suspension
Flight suspension is a temporary carriage suspension mutually agreed by the carrier and passenger in advance, at any place of arrival according to the schedule (or planned arrival) between the place of departure and the place of destination. A suspension of a flight has to be indicated on a ticket.
§ 4 Fare
For a carriage, on which these conditions of carriage shall apply, the fare tariffs, declared by the carrier as the valid ones on the date of carriage beginning given on the first flight coupon, shall be binding. If the fare paid does not correspond with the fare thus determined, the difference shall be refunded to / taken out from the passenger by the carrier. If there is no fare published between two places, a combined fare shall be used. Fare and fees for excessive baggage are the same for both the directions, to and from. The ticket issued for a special fare may be used only under the conditions determined for such fare.
2. Fare payment
Fare shall be paid cash or on account in SKK or foreign currencies, while a conversion shall be made according to actual exchange rate used by the carrier. In addition, fare may be paid also on account (by bank operations). In addition to the fare, passenger is obliged to pay also the appropriate rates and fees connected with air carriage approved by an entitled state authority. In case of any change of rate and fees amount within the period from the ticket issue to the beginning of the carriage, the relevant difference shall be additionally paid by the passenger or refunded by the carrier.
§5 Common rules of compensation and assistance to passengers in case of denied boarding or long delays of flight
1) In case of missing a connection or a rerouting of a carriage due to a reason not caused by a passenger, an alternate carriage shall be provided to the passenger or he / she shall get his / her fare back.
2) If a carriage of a passenger is refused by the carrier or his / her flight is cancelled or delayed by minimum two hours, the passenger should be informed about the text of compensation and assistance. The text of compensations is attached in the Annex 1 of these conditions of carriage.
§ 6 Ensuring of place
A passenger having a ticket of flight coupon without a date of flight, or a one who requires a change of the flight date, shall not be entitled to a preferred provision of a place.
2. Conditions for provision of a place
The provision of the place is not obligatory, unless the carrier issues a valid ticket of an order for payment stating the fixed place or a document „notice on prepaid fare“ (PTA) stating the fixed place. The carrier is entitled to cancel the fixed place without any prior notice, if the passenger fails to buy a ticket for fixed place within a period of time determined by the carrier or if he / she fails to have data about fixed place written in the ticket.
3. Assigning of places in aircraft
The carrier shall not guarantee that a certain selected place shall be assigned to the passenger.
4. Check-in at airport
A passenger is obliged to present him- / herself at airport of departure at the time determined by the carrier. If a passenger fails to present him- / herself at the airport of departure within a determined period of time, or if he / she has not needed documents or he / she is not in a state consistent with a flight accomplishment, the carrier shall be entitled to cancel the fixed place without a claim for a substitution or compensation. Check-in shall end 40 minutes before the scheduled departure. If a passenger presents him- / herself at check-in pulpit after this determined period of time (40 minutes before the scheduled departure), he / she shall lose an entitlement for carriage without a refund of a fare or substitutions determined in the Annex. 1.
5. Cancellation of place and ticket complaint
(Cancellation) fees shall be taken out for failure to use or a cancellation of fixed place from passengers, and amount of such fees and relating conditions are determined by an internal decree and available at sales or reservation places of the carrier.
6. Repeated confirmation of place – reconfirmation
The carrier is entitled to request a repeated confirmation of the place. If a passenger fails to make it within the determined period of time (48 hours before the scheduled departure), the carrier shall be entitled to cancel the reserved place without a claim for compensation for the passenger.
§ 7 Obligations of passengers at air carriage
1) Before ticket purchase and before boarding, a passenger is obliged to identify him- / herself and to submit relevant travel documents upon invitation of a worker of the carriage or state authority or to answer the questions of safety nature.
2) At ticket purchase, a passenger is obliged to inform air carrier about his / her health difficulties that could complicate his / her carriage or to influence a course of flight adversely.
3) Passenger is obliged to undergo a safety control including his / her registered and non-registered baggage.
4) In accordance with valid international rules, a passenger cannot have with him / her: weapons, ammunition, knives, toys imitating real offensive weapons (guns, grenades and so on) and all other things of sticking or slashing nature. The carrier relieves himself from a liability in the case of seize of such things. It is possible to carry substances of dangerous nature (explosives and ammunition, inflammables, alkalis, pressurized gases, toxics or toxic and infectious materials, oxidizing substances, radioactive material, magnetic material and other dangerous goods) only as goods carried under special conditions of carriage.
5) Passenger is obliged to observe a diligence appropriate to a nature of air operation and to pay attention and observe instructions of the carrier especially in the following cases:
– check-in, assembly and movement within the space for passengers,
– boarding and deplaning from the aircraft,
– placing of clothes and not-registered baggage in aircraft.
6) In addition, a passenger is obliged:
– to present him- / herself for check-in and fulfillment of all the required formalities in time, not later than within a period of time determined by the carrier,
– to fasten safety belts upon a challenge of a worker authorized by the carrier or upon a challenge of light panel at take-off and landing of the aircraft or during a flight,
– to observe a ban of smoking during all the flight (a break the ban of smoking may be punished by a fine up to the amount of SKK 100,000),
– to change a seat according to the instruction of a worker authorized by the carrier and upon to his / her request, if it is necessary due to operating reasons,
– to keep an appropriate care and to refrain from all what could threaten a safety and continuity of air carriage, to disturb other passenger and duly performance of obligations of workers of the carrier and to damage a property of the carrier and passengers,
– to refrain from excessive consumption of alcoholic drinks on the board of aircraft,
– to pay all the costs for losses and damages to the carrier caused by the passenger by his / her inappropriate behavior (e.g. damage of aircraft, illegal carriage of dangerous animals or things, extraordinary landing of the aircraft and so on),
– not to use any personal electronic equipment after boarding (a break of the ban may be punished by a fine in the amount up to SKK 100,000),
– to submit unconditionally to instructions of commandant of aircraft and board personnel during the flight,
– to undergo prescribed safety personal examination,
– to adjust his / her clothes and appearance for its conformance with a standard of air carriage.
§ 8 Obligations of carrier at air carriage
1) The carrier is obliged to ensure making the passengers acquainted with placement and way of use of:
a) safety belts,
b) emergency exits,
c) life-saving waistcoat and breathing apparatuses, if these are prescribed for use by passengers,
d) other emergency devices intended for individual use.
2) The carrier has to inform the passengers about placement and general way of use of major emergency equipment in aircraft intended for join use.
3) In case of a need, the carrier is obliged to instruct the passenger about emergency procedures suitable for given situation.
4) The carrier is obliged to ensure a possibility of fastening belts at take-off, landing and during a flight in the case of turbulence, or anytime upon a challenge of a commandant of the aircraft.
5) The carrier is obliged to instruct the passenger about placement of his / her things in the aircraft.
6) The passenger has to be duly informed about the ban of smoking and use of electronic devices and about the amount of a fine in the case of a break of the ban.
§ 9 Refusal and exclusion of persons from carriage
The carrier may refuse the carriage of a passenger:
a) if regulations of the carrier on flights performance require it,
b) if a passenger is affected by an infectious disease, which subjects to an obligatory report or if a passenger is not able to take his bodily or mental status into account to take care about him- / herself and he / she is without a accompaniment which is to provide to him/her a needed care,
c) if he / she breaks a carriage safety or public order by his / her behavior or he / she is dressed inappropriately,
d) if a break of regulations valid in the country of departure, arrival or fly-past by a passenger, occurs,
e) if a break of any obligation given in the clause 7 occurs, especially in relation to safety of air operation.
2. Claim of passenger for indemnity
a) A fare, of its proportional part for non-accomplished section of a flight, shall be refunded to a passenger excluded from a carriage according to the clause 1 letter a) of the previous provision or an alternative carriage by other aircraft or other type of a carriage shall be offered to him / her. If an exclusion of a passenger occurs due to other reasons, a fee according to the Art. 6, par. 5 hereto shall be deducted from the compensation for not accomplished carriage.
b) A claim for indemnity shall not arise for the passenger excluded from the carriage according to clause 1c), 1d) and 1e).
§ 10 Conditional acceptation for person’s carriage and children accompaniment
1. Conditional acceptation for carriage
The carriage of a passenger, to which, taking into account his bodily, mental status or age, a danger of health injury or other damage could occur, is accomplished provided that the carrier shall not be liable for a possible injury, falling ill or other health injury including a death of the passenger and for a damage of things which the passenger has with him / her in the case of such harm or damage occurs in relation or due to the carriage. In the case of a carriage of sick passengers or pregnant women (but not later than up to the end of 34th week of pregnancy) it is needed to submit a confirmation of treating physician that the passenger is able to air carriage. The carriage of pregnant women after the 34th week of pregnancy is at their own risk and at the risk of a child and air carrier waives of any responsibility. In addition, the carrier is entitled due to safety reasons, to refuse a carriage of disabled persons or mentally handicapped passenger without an accompaniment.
2. Children accompaniment
Children up to 8 years have to be accompanied during the carriage by the passenger older than 15 years of age. The children from 8 to 12 years of age may travel alone, provided that they are accompanied to airport of departure by an adult from which the carrier a written statement shall receive about the fact that other adult shall wait the children at the airport of a destination. The carrier may request so that the age of a child to be provable reliably. The child under 8 years of age, who is not accompanied, may be accepted for the carriage under the conditions set by the carrier for the concrete cases.
§ 11 Baggage
Baggage shall be carried as checked and unchecked baggage. A passenger shall be entitled to free-of-charge carriage of baggage according to following provision of these conditions.
2. Checked baggage
As checked baggage, well closed and locked cases or other firmly closable baggage are accepted for the carriage. The passenger shall receive a baggage identification tag for a baggage handed in to the carrier for the carriage (checked baggage). Passenger is obliged to preserve this identification tag for possible complaint. Also other things may be accepted for the carriage with the consent of the carrier. Foods in suitable small packages and small live animals may be also carried as the checked baggage.
Every piece of baggage, before its acceptation for carriage, has to be furnished by name label, from outside as well as inside, stating name and address of permanent (temporary) residence. The name given on name label has to be the same as the name stated on the ticket. All the baggage, including a baggage with a zipper, has to be locked in order their opening shall not occur during the carriage. The carrier shall not be responsible for baggage not picked up immediately after arrival. The checked baggage is carried in baggage space of the aircraft and as a rule, in the aircraft along with the passenger. If it is not possible, the checked baggage shall be carried by next following air connection.
Adult passenger is entitled for free-of-charge carriage of checked baggage as it follows:
– class C (Busines) 30 kg
– class Y (Travel) 22 kg
A child up to 2 years of age (without a claim for a seat) has no claim for a carriage of checked baggage. He / she is entitled for a carriage of assembled baby buggy and meal for the period of time of a flight. A child over 12 years of age is entitled to a carriage of checked baggage in the same weight as adult passengers.
3. Unchecked baggage – cabin one
Passenger is entitled for a carriage of one baggage in cabin of passengers (cabin baggage). The weight of cabin baggage for class (Travel) is 6 kg. For class C (Business) it is 8 kg plus small baggage, e.g. laptop – small personal computer and so on up to 4 kg. Dimensions of cabin baggage are 23x34x48 cm and sum of all dimensions may not exceed 105 cm. The carrier is entitled to check weight and dimensions of baggage. The below mentioned things for personal use, which the passenger has with him for personal use and takes care about them him- / herself shall be carried free-of-charge in the passenger cabin:
• small women hand-bag,
• a coat, scarf or spread,
• reading for the period of time of the flight,
• camera or camcorder or field glasses or small personal computer,
• a basket for child, meal for child for the time period of flight duration,
• crutches or fully foldable car or other orthopedic needs for disabled persons, which shall not threaten a flight safety.
Total weight of cabin baggage and things for personal use shall not exceed 12 kg in class „Y“ and 18 kg in class „C“. The carrier is entitled to check the dimensions of unchecked baggage and total weight of all the things, which the passenger shall take with him / her to the board.
4. Baggage with declared value
A passenger has an option to declare the higher value of checked baggage than the value of responsibility of the air carrier. A prerequisite for those cases are the tariff conditions created by the carrier.
5. Free baggage
Fully folded wheelchair, in baggage space of the aircraft, shall be carried free-of-charge. Service dog along with blind passenger shall be carried in the cabin of the aircraft free-of-charge. Dog shall be equipped by muzzle, confirmation about training and required documentation.
6. Baggage and things excluded from carriage
Baggage and things, which possibly should threaten a flight safety, safety of persons or property and baggage and things which possibly should be easily damaged or the package of which is unsuitable, shall be excluded from the air carriage. The carrier shall be entitled to refuse a carriage of those things before departure, or anytime during the carriage.
7. Things, the carriage of which is permitted with the consent of the carrier
Living animals, including birds and reptiles, may be carried only upon previous approval of the carrier and under the conditions determined by him (the carriage shall be accomplished on the responsibility of the passenger who carries them).
8. Carriage of weapons and munition
Carriage of weapons is permitted only to places where it is permitted by valid regulations. Passenger is obliged to submit locked weapons with emptied ammunition chambers before the departure. The carrier shall determine a way of carriage of weapons and ammunition. The ammunition, which is an explosive by its nature and belong to the dangerous load, may be carried only as air cargo according to the conditions of carriage of dangerous cargo. In exceptional cases the carrier may enable an exemption.
9. Carriage of diplomatic baggage
Carrier permits to carry a diplomatic baggage in the cabin for passenger to diplomatic couriers.
10. Check of baggage
Carrier may, under the presence of passenger, to make certain himself about a content of the baggage. If the passenger is not present, the carrier is entitled to open the baggage of the passenger under the presence of at least one witness, who is not an employee of the carrier. The carrier acts on the basis of a suspicion that the baggage includes things excluded from the carriage or the carriage of which is permitted only under the prerequisites determined in those conditions.
11. Carriage of excessive baggage
Baggage, having higher weight than it is given in the clause 2. (excess baggage), shall be carried according to capacity possibilities of the carrier. The carrier is entitled to charge a freightage. Freightage is determined by the price specified price for 1 kg and multiple of excessive weight.
12. Merging of the baggage weight
If two or more passengers traveling together to the same destination by the same aircraft submit their baggage at the same time and at the same place, the total weight of baggage shall be permitted to them, which is a sum of permitted free baggage of those passengers.
13. Issue of checked baggage
a) Passenger is obliged to pick up baggage immediately after arrival.
b) Baggage shall be issued to a holder of identification tag which was issued to the baggage. The carrier shall not be obliged to find out, whether the holder of identification tag is entitled to take over the baggage and the carrier shall not be responsible for losses, damage or other expenses arose to the passenger in this relation.
c) Upon a request of holder of identification tag, the baggage may be issued also before departure or at any place of landing during carriage, if it is possible by time, operating and technical reasons. In such case the carrier does not need refund a fare.
d) It is necessary to announce damage, failure to issue or loss of baggage immediately after taking over of the baggage, and the carrier shall be obliged to write a record (PIR) about it. Otherwise it is supposed that the baggage was issued in duly status.
§ 12 Schedule, delay and cancellation of flights
The carrier shall apply the maximum effort for the purpose of accomplishment of carriage of passengers and baggage in accordance with the schedule valid on the date of the flight. Schedules may be changed without a prior notice. The carrier shall not be responsible for indirect or direct damages resulting from it.
2. Irregularities in air carriage
a) carrier may to postpone, delay, terminate, redirect or to change a type of aircraft or to have himself represented by other carrier without prior notice to passenger due to serious causes not dependent of the carrier, due to reasons of force majored, e.g.: weather conditions, technical reasons, war, strike of organization providing services for the carrier and so on.
b) in the case of a postponement, delay or cancellation of the flight due to circumstances caused by the carrier and carrier is not able to provide the place confirmed in advance, the carrier shall be obliged:
• to carry a passenger by regular line, where a free place occurs, or
• to redirect a passenger into a final destination indicated on the ticket by own regular line or regular line of other air carrier or to ensure for the passenger ground transport or,
• to refund fare and thus he shall lose all the obligations towards the passenger, or
• to provide to passenger with confirmed reservation not accepted for carriage a relevant substitute determined by the regulation of the carrier.
c) the carrier shall not bear a liability for errors in schedule or other information provided by employees or dealers of the carrier about dates, times of departures or arrivals and about an operation of aircrafts, excluding cases when the carrier is aware himself that his action shall probably cause a damage.
§ 13 Refund of fare – recovery
Fare refund – recovery shall follow the internal regulations of the carrier. The carrier shall refund the ticket not utilized partly or as a whole to a person, which is stated in this document as passenger or a person specially authorized to it. Refunded fare shall be paid to the authorized person only if he / she hands in the ticket with unused flight coupons to the carrier. The carrier may request to submit the prior written application for refund of the fare.
2. Refunding of fare due to reasons not caused by the passenger
The refund of fare due to reasons not caused by the passenger means a refund of a fare to a passenger who was not able to perform a carriage for he / she bought the ticket due to the reasons from the part of the carrier.
The refund of the fare is made if:
a) a whole carriage was not accomplished, the fare shall be refunded fully,
b) a part of carriage was accomplished, the proportional part of the fare for a section of the flight from the place where a cancellation has occurred to the destination airport, which is given on the ticket shall be refunded.
3. Refunding of a fare upon request of a passenger
If a passenger asks for a refund of a fare by other reasons than ones stated in the clause 2 of this paragraph, the carrier is obliged to take a handling fee in the amount of SKK 600 in inland and EUR 15 in abroad. Refund of fare shall be made according to the following principles:
a) if no part of a carriage is not accomplished, the entire amount paid for carriage, reduced by handling fee shall be refunded,
b) in the case of a refund of ticket on the basis of which certain section was carried, the amount corresponding to a difference between paid fare and fare for carriage still accomplished shall be refunded,
c) at application for recovery of other carriage document different from ticket, a handling fee shall be taken out,
d) if a recovery of fare at special tariff for which the different conditions of recovery are stated is asked for, the carrier shall follow those different conditions.
4. Refund of a fare in case of a loss of ticket
If a loss of carriage document occurs, the carrier may on the basis of written application:
a) to make-out substitute carriage document,
b) to refund a fare for lost document.
For expenses thus incurred a handling fee in the amount of SKK 600 for inland and EURO 15 in abroad shall be taken out.
5. Term for file of application
Application for a refund of an amount for lost or partially used document is to be submitted within 30 days from the termination of validity of the document.
The carrier may refuse to refund a fare if:
– the validity of the documents terminates and a term for the application filing is exceeded,
– return ticket is a condition of permit for entry to a country,
– the document is kept in a database as a suspicious one.
§ 14 Services, meal
1. Ground transport
A fare shall be taken out from a passenger by the carrier for ground transport between a city and airport, if it is accomplished by the carrier.
2. Serving meals and drinks
Meals and drinks are served free-of-charge on the aircraft board unless the carrier states it otherwise.
§ 15 Fees
All the fees shall be taken out from a passenger in addition to the fare.
§ 16 Traveling requirements
1. Passports and visas
a) A passenger is obliged to obtain all the documents and fulfill all the duties entitling him / her to enter and exit a country, requested by authorities of departure, arrival, transfer or transit countries.
b) The carrier shall not be responsible for damages or expenses incurred to a passenger who failed to observe abovementioned obligations.
c) The carrier is entitled to make a check of all the travel documents and requirements.
2. Refusal of entry by a country
A passenger shall be obliged to pay a fare in the case that the decision of the relevant authorities to return the passenger to the place of original departure or anywhere to the carrier because the passenger is not permitted to enter the country of arrival or destination. The carrier may use for settlement of such fare any value from the transport documents not used for the time being of the passenger. Fare, taken out for a carriage to the place, where the entry to the country was refused or where a deportation of the passenger occurred, shall not be returned by the carrier.
3. Carrier costs settlement
A passenger is obliged to settle all the costs incurred by failure to fulfill the travel requirements required in the country of departure, arrival or fly-past upon the request.
4. Customs examination
A passenger has to be present at examination of checked and unchecked baggage made by customs or other authorities. The carrier shall not be responsible for any damage or loss incurred to the passenger by failure to fulfill this obligation.
II. Detailed conditions of carriage for goods in international and domestic air carriage
§ 17 Air Way Bill
1. Air way bill is a document for taking over of goods for carriage, which shall accompany the shipment up to its issue.
2. Sender shall hand in the written documents to the carrier for making out of the air way bill. The carrier shall confirm the taking over of goods for carriage by returning of confirmed copy of the air way bill.
3. In case on inaccurate or incomplete data given by sender, the carrier shall be entitled to correct them and to complement them.
4. Sender shall be responsible for correctness and completeness of data given in the air way bill and he / she is responsible for a damage suffered by the carrier due to inaccuracy and incompleteness of data and declarations.
5. The goods has to be packed so that the package to correspond to a nature of the goods, to withdraw a handling and to prevent a damage to other persons or to other property.
§ 18 Transporting charge and other compensations
For a carriage made according to these conditions, the tariffs of transporting charges and compensations determined by the carrier valid on the date of making out of air way bill shall be applied.
2. Additional amounts and overpayments of transporting charge
If transporting charge is determined on the basis of data about weight, dimension, volume or weight checked not corresponding with the actual, the carrier or sender shall make a relevant financial settlement.
3. Services included in the tariffs of transporting charge and other compensations
Transporting charge, determined in the tariffs of transporting charge, shall apply to a carriage of the goods from airport of departure to an airport of destination according to data in air way bill. Excluding the cases specified by extraordinary regulations, these tariffs shall not include additional fees incurred at the place of departure or destination.
4. Payment of transporting charge
1) The payment of transporting charge shall be governed by the relevant currency regulations. If a transporting charge is paid in other currency, it is given in the tariffs of carrier; the actual exchange rate shall be used for a conversion.
2) It shall be paid in advance or at a place of destination for the goods taken for carriage to the carrier. The payment in advance has to be made for the following goods:
a) things for household and personal clothes,
b) the goods for persons who are not being at liberty,
c) valued goods,
d) the goods, the trading value of which is lower than a price of transporting charge,
e) the goods perishable,
f) samples and gifts,
g) living animals,
h) human mortal remains in a chest and ash in urns,
i) not accompanied baggage,
j) journals, written documents, photography,
k) the goods for countries for which it is not possible to accept the goods with unpaid transporting charge, according to the currency regulations or instructions of the carrier.
3) Collect on delivery goods /C.O.D./ in direction to the SR and backward shall not be accepted for the carriage.
4) The carrier may request a deposition of an advance payment for a settlement of expenses, which it is not possible to determine at the time of taking over of the goods. After accomplishment of the goods carriage, the carrier shall account the actual expenses on the basis of the advance payment deposited.
5) Sender is obliged to settle all the damages and expenses for the carrier incurred by failure to observe these conditions and as well as other regulations about a carriage of the goods in air carriage.
4. Authorization of the carrier not to deliver the goods to a receiver
a) It if is not possible to trace a receiver, a receiver refuses to take over the goods, or it is not possible to hand in the goods to a receiver on the basis of any other reason, the carrier shall proceed according to the order of the sender which he / she shall ask for immediately. If it is not possible to obtain an instruction from the sender, the carrier may store the goods on the expenses and risk of the sender. The carrier shall inform the sender about it immediately.
b) If it is not possible in the cases given in the par. a/ to inform the sender additionally or the sender shall not provide feasible order, the carrier is entitled to liquidate the goods. The liquidation shall be made by delivery of the goods to an organization authorized to it or by a sale. If the goods in such a status, that it is not possible to use it, it has to be destroyed in accordance with relevant regulations.
5. The goods liquidation
The carrier is entitled to make liquidation after lapsing of 30 days of non-taking over of the goods and the facts given in the clause 6. A sender /an air company at the place of sending the goods/ shall be informed about the liquidation at least 10 days in advance. The goods which cannot be stored (fast spoilage, living animals) may be sold or liquidate by the carrier immediately without prior notice to the sender. The sender is obliged to settle expenses connected with the liquidation of the goods exceeding possible net profit from liquidation.
§ 19 Conditions for acceptation of the goods for transport
1. The goods with the value proved
The carrier may accept the goods with the goods proved for a transport, which value shall be supported by a form of official document: e.g. business bill.
2. The goods that can be accepted for a transport
Carrier shall accept the goods for transport if a nature of goods, technical parameters and also the technical parameters of aircraft allow it. The goods intended for a transport has to fulfill the following conditions:
a) its nature fulfills the conditions for transport, it has import and export permit
b) the goods has to be packed duly,
c) the goods may not threaten safety of aircraft,
d) the goods may not cause difficulties for passengers.
3. The goods, which can be accepted for transport according to special conditions
a) the specified types of the goods are accepted for transport only according to the conditions determined by the carrier.
b) air transport of the goods threatening a safety of air operation, especially: weapons, ammunition, explosives, alkalis, oxidizing agents and irritant substances, inflammables, pressurized gases, magnetic materials, toxics, radioactive substances, living animals, human mortal remains in chess, is permitted only with the approval of the carrier and in the accordance with international regulations.
4. Transport of the goods that go bad quickly
a) the transport of the goods, which go bad quickly, shall be solved by the carrier dependent of the type of the goods, weather conditions and type of aircraft,
b) if the goods nature requires it, the sender is obliged to agree a special procedures of the goods handling during transport with carrier,
c) the sender shall obtain a compensation for the goods destroyed caused by its going bad, only if he proves that its destroying was caused by exceeding of term of delivery or by failure to observe procedures of given conditions,
d) if the goods is seized during the transport or it is not taken over at the place of destination and there is a danger of its destroy, the carrier is authorized to but without a limitation, the following: to ask instructions from sender, to sale the goods without prior notice or to destroy the goods. The sender is obliged to settle all the expenses connected with it to the carrier.
5. Transport of living animals
a) it is possible to transport living animals to the countries, the determined conditions and regulations of which enable such transport,
b) it is possible to transport living animals as the goods in the appropriate cages in cargo space of the aircraft. The sender is obliged to state the following data: type of animal, number, dimension of cage, weight of the goods and special properties of the animal,
c) it is possible to transport without a prior consent the following: dogs and cats provided that the animals are transported in cages or enclosed case with breathing holes or enclosed basket, if such transporting boxes have impermeable bottom, number of animals is max. 2 pieces transported separately in other space of the aircraft,
• bees and insect in small volume
• sea animals (oysters, crabs and so on) up to 50 kg netto weight per an aircraft in impermeable packages
• small birds in small amount
d) the carrier shall perform a preliminary reservation upon an instruction of the sender, the carrier may request a special assistance of the sender or receiver at loading and unloading of living animals.
At the transport of other animals or ones of larger amounts, it is necessary to ask a preliminary approval from the carrier.
6. Export and import regulations
The sender is obliged to observe all the acts, customs- and other regulations of the countries into which, or through which the goods is transported, including packing, the sender shall provide needed information about the goods and attach needed documents to an air way bill.
7. Entitlement of the carrier to check the goods
The carrier is entitled to check the content and weight of the goods submitted for a transport.
8. Order at transport
The carrier is entitled to determine, which goods shall be transported sooner before the other one. The carrier is authorized to unload the goods anywhere during the transport, if the conditions of air operation require it.
§ 20 Transport of the goods
1. Routing of the transport
Routing and selection of a carrier of air shipment shall specify the sender or receiver. If sender or receiver does not specify the routing, the carrier is entitled to specify the carrier and routing of the goods.
Time data of departures and arrivals given in the schedule are approximate. The departures and arrivals given in the schedule are not component parts of the transport contract and the carrier does not guarantee a beginning and end of the transport at the time given in the schedule. The carrier shall not bear a responsibility for a damage caused by delayed delivery of the goods, excluding the cases where the shipment was booked for the concrete air line.
3. Irregularities in air transport and cancellation of a flight
a) the carrier may entrust other carrier with the transport execution or he may use other aircraft without prior notice to sender or receiver of the goods,
b) if it is not possible to complete the transport in the accordance with air way bill, the carrier is entitled to hand in the goods for transport in other routing, to transport it by other mean or to store it in a warehouse, while it shall be considered to be a delivery of the goods according to the air way bill (the carrier shall not bear further responsibility for this goods, but he is obliged to inform the sender or receiver),
c) if the sender refuses to pay transporting charge or other payments, the carrier may refuse to transport the goods,
d) if a delay, postponement or acceleration of the transport of the goods occurs due to reasons given in the par. a/ and b/, the carrier has no other obligation than to refund the relevant part of the transporting charge to the sender.
§ 21 A right of sender to dispose of the goods
1. Right of disposal of sender
Only the sender has a right to dispose of the goods during the transport. It is possible to dispose of the goods transported at one air way bill. It is necessary to deliver instructions in written with attached air way bill. The sender keeping the obligations resulting from transport contract may dispose of the goods as it follows:
a) to require the issue of the goods on the airport of departure or arrival
b) to defer the goods in any place of arrival
c) to give an instruction for an issue of the goods at the place of destination or layover to other person than it was stated in the air way bill,
d) to require a return of the goods to the airport of departure.
2. Settlement of expenses
The sender has to settle all the expenses incurred in connection with execution of the right of disposal.
3. Failure to fulfill instructions of sender
If the fulfillment of instructions of sender appears to be practically unfeasible, the carrier is obliged to refuse their fulfillment and to inform the sender about this fact immediately.
4. Termination of a right of disposal
The right of disposal shall terminate for the sender at the moment of taking over of the goods by receiver at the place of destination or he requests its issue or issue of air way bill. If the receiver refuses the air way bill or the goods, or it is not possible to find him, the sender shall be entitled to dispose further of the goods.
5. Translation of the air way bill
If the carrier meets the instructions of disposal of the sender or of the representative authorized by the sender, while he does not require a submission of a copy of air way bill, he shall bear a responsibility for possible damage which could occur to authorized holder of air way bill. At the same time, the carrier is entitled to take legal steps against the sender.
§ 22 Delivery and failure to delivery of the goods
1. Issue of the goods to a receiver
The goods shall be issued only to a receiver given in the air way bill against written confirmation, unless the transport contract specifies it otherwise.
2. Notice about the goods arrival
If the goods is arriving to the place of destination and it is not transported back, the carrier shall notice this fact to the receiver in written, or by other appropriate mean.
3. Place of delivery of the goods
If there is no other agreement between the carrier and sender or receiver, the goods shall be issued to the receiver at the airport of destination. The sender and receiver shall bear the responsible jointly for settlement of all the expenses to the carrier. In the case of a failure to deliver the goods, which was not caused by the carrier and a yield from liquidation is not sufficient for covering of the expenses; the sender shall be obliged to cover the remaining amount.
§ 23 Delivery services and ground transport
Provision of services
1. The carrier shall not accomplish collecting, delivering service and ground shipment at the place of sending and receiving of the goods without an extraordinary agreement.
2. If it is not possible to deliver the goods to receiver at the first distribution of the goods, the carrier shall store the goods and inform the receiver about it. Another distribution of the goods shall be made only upon receiver request. A fee shall be charged for any other distribution according to the relevant price list.
§ 24 Combined transport
1. The carrier shall take the goods in city or airport hall at the place of sending.
2. Air carrier may entrust other carrier with the execution of additional transport, while he shall not bear a responsibility incurred at this transport. In addition, he has a right to send the goods with declared value as the current goods.
III. Common provisions, responsibility of air transporter in air transport of passengers, baggage and the goods
§ 25 Carriage made by several carriers
Air transport executed by several carriers with one ticket or attached tickets or one air way bill, shall be considered to be one action.
If the transport and carriage is made subsequently by several transporters, each transport accepting passengers, baggage or the goods shall be considered to be a contractual party of the transport contract according to the internationally valid agreements.
In the case of such transport, passengers or their representatives may lay claims to damage compensation only against the transporter, who executed the carriage during which a fact occurred creating a claim for damage compensation, with the exclusion of the case when the first transporter takes the responsibility for the whole carriage by an explicit agreement.
In the case of a baggage, passenger may lay claim against the first transporter, in addition, passenger authorized for issue of the baggage may lay a claim against the last transporter and also to lay a claim against the transporter, who accomplished the carriage at which a destroy, loss or damage of the baggage or its delay occurred. Those transporters shall be jointly and severally responsible against the passenger.
§ 26 Responsibility of transporter
1. General responsibility of transporter
The responsibility of the air transporter is governed by the Convention for the Unification of Certain Rules for International Carriage by Air concluded on May 28th, 1999 (so called Montreal Convention) 889/2002 from May 13th, 2002 coming from the Montreal Convention and it is applied to international as well as domestic carriage by air.
The carrier shall be liable to the amount of actual damage, but at the most to a limit limiting his liability.
The carrier shall not bear a liability for indirect of subsequent damage or lost profit. Limitation of liability of a carrier shall apply to all the employees, dealers and representatives of the carrier.
Liability of a carrier for damage at a carriage of passengers and their baggage
a) In the case of a death or injury of a passenger due to an accident, a carrier has no financial limit of a liability. At indemnification up to the amount of SDR 100,000 (approximately EUR 123,000 or corresponding amount in local currency) the carrier shall not obtest against the arisen proved claims for indemnification. The carrier reserves all the possibilities of defense and a right to show that there was no negligence or other fault from the part of the carrier to a part of the claim for indemnification exceeding SDR 100,000.
b) In the case of a death or injury of a passenger, a carrier shall provide to an authorized person an advance payment in minimum amount of SDR 16,000 (approximately EUR 20,000 or the corresponding amount in local currency) to cover the immediate financial needs. The advance payment shall be provided within 15 days from the determination of a person authorized for indemnification. The advance payment shall not mean recognition of a liability of the carrier and in the case of any subsequent payments, it shall be considered to be the component part of the entire indemnification. The advance payment shall not be refunded to the carrier unless the carrier proves that damage was caused by negligence, omission or other incorrect action of the passenger, which the payment relates to, or if the advance payment is provided to a person not authorized for it according to the valid law.
c) In the case of a delay at the passengers carriage, a carrier shall be liable for damage up to the amount of SDR 4,150 (approximately EUR 1,500 or the corresponding amount in local currency) excluding the cases where the carrier took all the appropriate measures to avoid the damage or when it was not possible to take such measures.
d) In the case of a delay at a carriage of baggage checked, a carrier shall be liable for damage up to the amount of SDR 1,000 (approximately EUR 1,230 or the corresponding amount in local currency) per a passenger, excluding the cases when the carrier took all the appropriate measures to avoid the damage, or when it was not possible to take such measures.
e) In the case of a destroy, loss or damage of baggage checked or unchecked, a carrier shall be liable for damage up to the amount of SDR 1,000 (approximately EUR 1,230 or the corresponding amount in local currency) per a passenger excluding the cases of regular wear and cases where the baggage of a passenger is damaged or defective still before the carriage.
f) The abovementioned limit of liability for baggage up to the amount of SDR 1,000 relates to checked and unchecked baggage taking into account the bills submitted.
Limitation of liability of a carrier for damage
a) The carrier shall be liable only for damages caused at its own line. The carrier, who has issued a ticket or checked-in the baggage for the line of other carrier, shall act only as its dealer. The passenger is entitled to lay claims in case of a checked baggage against the first or the last carrier.
b) The carrier shall not be liable for damage of the baggage of the passenger caused by the content of the baggage.
c) The carrier shall not be liable for damages of unchecked baggage and other things being in personal care of the passenger, only if damage is caused by its fault of if a passenger loses a possibility to take care about his / her baggage. If the damage is caused by a contributory fault of the passenger, the passenger and carrier shall be liable proportionally according to their participation in damage fault.
d) The carrier shall not be liable for any damage, loss or damage caused by natural influences, death of animals or behavior of animals.
e) The carrier shall not be liable for a damage of fragile things, objects of art, musical instruments or the goods going bad quickly, for a loss of money, cheques, credit cards, jewelers, noble metals, drugs, keys, cellular phones, camcorders, cameras and other electronic devices (including PC, notebook and CD with databases), marketable securities or other valuables, business or personal documents, passports and other personal documents placed in checked baggage of passenger with a with or without a knowledge of the carrier.
f) If a passenger is carried the age of which, or mental or bodily status of which is such that it may cause to him / her a danger or risk, the carrier shall not be liable for any diseases, injuries or incapability, disablement or death attributable to such status or worsening of such status.
§ 27 Way and term of complaint
1. A passenger is obliged to announce a health damage and damage of things being in his / her own care to the carrier, who shall make a record about it. In case of delayed announcement of damage, the passenger is obliged to prove connections between the announced damage and the relevant carriage.
2. In case of a damage of baggage, a passenger has to file a complaint to the carrier immediately, not later than within 7 days. It is necessary to file a complaint related to damages on the goods carried at the goods taking over or not later than within 14 days from its receipt. In case of a loss of the goods, including a failure to deliver it, it is necessary to file a complaint within 120 days from the date of making out of air way bill.
3. If a carriage is not performed within the term agreed, a passenger shall be obliged to apply his / her rights from the transport contract by the complaint filed in written, without unnecessary delay, not later than within 6 months from the date when the carriage was to be performed.
§ 28 Force
These detailed conditions of carriage shall come into force on February 17th, 2005 and they are available on all the sections of Air Slovakia BWJ, Ltd. and its sales places.
The wording of these conditions of carriage is made in the Slovak language. In the case of a dispute or uncertainties of the wording interpretation in other languages, the wording in the Slovak language shall be decisive.
„The Detailed Conditions of Carriage“ approved by MDSaVP SR No. 804/530/93 from December 30th, 1993 shall expiry as of February 17th, 2005.
Air Slovakia BWJ, Ltd.