Terms and Conditions
All travel with Blue Sky Air is subject to our general terms and conditions of carriage.
Table of Contents
- Article 1. Definitions
- Article 2. Applicability
- Article 3. Tickets
- Article 4. Fares, Taxes, Fees and Charges
- Article 5. Bookings
- Article 6. Onward Connections
- Article 7. Check-in and Boarding
- Article 8. Refusal and Limitation of Carriage
- Article 9. Baggage
- Article 10. Schedules, Delays, Cancellations of Flights
- Article 11. Refunds
- Article 12. Onboard Conduct
- Article 13. Arrangements for additional Services
- Article 14. Administrative Formalities
- Article 15. Liability for Damage
- Article 16. Time Limitation on Claims and Actions
- Article 17. Other Conditions
- Article 18. Interpretation
As You read these Terms and Conditions, please note that:
"We", "Our" "Ourselves" and "Us" means, as applicable, either Blue Sky Air. "You", "Your" and "Yourself" means you and each member of your booking party.
Airline Designator Code means the two-characters or three letters published by IATA which identify each airline.
Authorised Agent 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 personal property accompanying You in connection with Your trip. Unless otherwise specified, it consists of both Your Cabin Baggage and Your Hold Baggage.
Baggage Receipt means those portions of the Ticket, which relate to the carriage of Your Hold Baggage.
Baggage Identification Tag means a document issued solely for identification of Hold Baggage.
Baggage Identification Tag means a document issued by Us solely for identification of Hold Baggage.
Booking means a booking made by You or on Your behalf for the purchase of travel on a Flight and which is accepted by Us in accordance with these Terms and Conditions.
Cabin Baggage means Baggage which is equivalent to hand luggage and includes all personal items taken on board by a passenger that is not Hold Baggage.
Check-In Deadline means the time limit specified by Us by which You must have completed check in formalities and received Your boarding pass.
Conditions of Contract means those statements contained in or delivered with Your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Terms and Conditions and notices.
Convention means whichever of the following instruments are applicable:
The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention)
The Warsaw Convention as amended at The Hague on 28 September 1955
The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975)
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975)
The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975)
Guadalajara supplementary Convention (1961) (Guadalajara)
The Montreal Convention (1999).
Damage includes death, wounding, or bodily injury to a passenger, loss, partial loss, theft or other damage to Baggage, arising out of or in connection with carriage on a Flight We operate or other services incidental thereto performed by Us.
Days mean calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the Flight commenced shall not be counted.
Electronic Coupon means an electronic flight coupon or other value document held in Our database.
Electronic Ticket means the Itinerary/Receipt issued by Us or on Our behalf, the Electronic Coupons and, if applicable, a boarding document We have issued to You.
Extraordinary Circumstances include but are not limited to air traffic control, adverse weather conditions, civil unrest, terrorist alerts and security alerts, strike action, and unexpected flight safety shortcomings.
Firearms means any firearm other than a Hand Gun.
Flight means a single flight operated by Us from one airport to another airport.
Flight Coupon means that portion of the Ticket that bears the notation "good for passage," or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which You are entitled to be carried.
Force Majeure means any occurrence beyond Our control, including but not limited to acts of God, war, riots, embargoes, acts of terrorism, casualties, accidents, volcanic activity, earth quake or any other causes, circumstances or contingencies beyond Our control which hinder or prevent the performance by Us of Our obligations under these Terms and Conditions.
Hand Gun means a firearm that is designed to be held and fired with one hand, having a barrel length no longer than 120mm and a calibre no greater than 0.32 and which, subject to any applicable airport, aviation authority, security or other regulations, We determine, in our absolute discretion, may be stowed securely and safely in the Aircraft hold.
Hold Baggage means Baggage of which We take custody which is stowed in the hold of the Aircraft and for which We have issued a Baggage Receipt and/or Baggage Identification Tag.
Itinerary/Receipt means a document or documents We issue to You or any member of Your booking party travelling on Electronic Tickets that contains such person's name, flight information and notices.
Subsidiary means any company wholly or partially owned, whether directly or indirectly, by Blue Sky Air whose accounts are consolidated with the accounts of Blue Sky Air in accordance with accounting principles generally accepted under accounting standards in England and Wales.
Supplier means a third party supplier offering services through Us.
Tariff means the fares, charges and related Terms and Conditions published by Us and which have been filed, where applicable, with the appropriate authorities.
Ticket means the document entitled "Passenger Ticket and Baggage Check", the Electronic Ticket or the confirmation of flight details (including the confirmation number), in each case issued by Us or by our authorised agents on Our behalf, and includes the Conditions of Contract, notices and coupons.
Unchecked Baggage means “Hold Baggage” that has not been checked-in and for which a Baggage Identification Tag has not been issued.
Website means any internet site operated by Us where online reservations can be made.
All Flights are operated by Blue Sky Air and the name and address may be abbreviated (either by reference to the relevant Airline Designator Code or otherwise) on any of Our documents of carriage or on the Website. The addresses of Our respective registered offices are as follows:
Opposite Ministry of Foreign Affairs
General Waruinge Street,
Eastleigh Mall, 1st floor
These Terms and Conditions apply to each Booking You make with Us and identify any liability We may have in relation to that Booking. Each Supplier You might have bought a service or product from, where We acted as a disclosed agent, may have its own terms and conditions. Please ensure You have also read those terms and conditions when buying a product from a Supplier through Us.
2.1.1 A binding contract is in place between You and Us once Your Booking is made and fully ticketed. This applies to any services, whether those where We act as a principal or those between You and a Supplier from which You have purchased a product or service, where We acted as a disclosed agent.
2.1.2 Except as provided in Articles 2.2 and 2.4, Our Terms and Conditions apply only on those flights, or flight segments, where any of Our Airline Designator Code Blue Sky Air is indicated in the carrier box of the Ticket for that Flight. The Terms and Conditions contained within the Ticket, Your itinerary or receipt or any ticket wallet shall form part of these terms and Conditions. If You have booked an onward flight with Us or another carrier, that agreement of carriage constitutes a separate contract and does not form part of this agreement. We do not guarantee or accept liability for missed onward carriage on a subsequent Flight with Us or on a flight on another carrier.
2.2 Charter Operations
If carriage is performed pursuant to a charter agreement, these Terms and Conditions apply only to the extent they have been incorporated by reference or otherwise, in the charter agreement or the charter ticket.
2.3 Overriding Law
If these Terms and Conditions are inconsistent with any law (for example the Convention) that applies to Your contract of carriage with Us, the applicable law will apply. If any provision of these Terms and Conditions is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.4 Conditions prevail over Regulations
Except as provided in these Terms and Conditions, in the event of inconsistency between these Terms and Conditions and any other regulations We may have dealing with particular subjects, these Terms and Conditions shall prevail.
3.1 General Provisions
3.1.1 We will provide carriage on a Flight when You present Your booking reference number, positive photographic identification identifying You as the passenger named in the booking and valid travel documentation (e.g. passport, visa) where applicable.
3.1.2 A Ticket is transferable to an alternative date of travel only upon payment of the appropriate fee (see Our fees and charges).
3.1.3 All Tickets are non-refundable. You are strongly recommended to ensure that You have appropriate insurance to cover instances where You are unable to use Your Ticket.
3.1.4 The credit card used to pay for any Ticket(s) must be presented along with the itinerary at check-in for verification purposes. If You are unable to bring the card with You to present at check-in, a photocopy of both sides of the card may be considered satisfactory. Any copies must be signed by the card holder with an original signature that matches that on the back of the card authorising the use of the credit card for the purchase of the Ticket(s). Passengers unable to present the credit card used for purchase or the appropriate photocopy with original signature will be denied boarding.
3.2 Ticket Changes
3.2.1 Each Ticket issued by Us is valid only for the transportation as shown on the Ticket for the passenger named, from the place of departure to the final destination on the date and for the Flight number shown. The fare paid is based upon Our Tariff and is for the transportation as shown on the Ticket. It forms an essential part of Our contract with You.
3.2.2 Should You wish to change the date and/or time of Your Flight You must contact Us in advance. Any additional fare (calculated in accordance with Our rules and regulations) and fee (please see Our fees and charges) will be calculated and You will be given the option of accepting the new price or maintaining Your original Flight as ticketed. All changes must be made during Our reservation centre opening hours and at least 8 hours before the commencement of check-in for the Flight and may only be made by the passenger named in the booking and/or the person who made the original booking. A fee of USD 25 or equivalent in local currency will apply to each change to departure date and/or departure time.
3.2.3 If You wish to make a change to Your booking, these Term and Conditions shall apply. If You have purchased any additional item or service from or through Us acting as a disclosed agent for a Supplier, the Supplier’s terms and conditions shall apply in addition to these Terms and Conditions.
3.2.4 If You have purchased an additional or onward connecting flight(s), the third party airline's ticket rules shall apply. We accept no liability for any misconnection as a result of Flight changes
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport services between airports and between airports and town terminals. Your fare will be calculated in accordance with Our applicable Tariff in effect on the date on which payment for Your Ticket is received by Us.
Any taxes or charges, imposed by any government or other authority, or by the operator of an airport, shall be payable by You. At the time You purchase Your Ticket, You will be advised of taxes not included in the fare, most of which will normally be shown separately on the Ticket. The taxes imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, You will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, You will be obliged to pay it. Similarly, in the event any taxes, fees or charges, which You have paid to Us at the time of Ticket issuance, are abolished or reduced such that they no longer apply to You, or a lesser amount is due, You will be entitled to claim a refund. If You do not use Your Ticket, You will be entitled to claim a refund of any governmental taxes, less an administration charge of USD 15 per passenger or equivalent in local currency.
4.3.1 Fares and taxes are payable in US Dollars or the currency of the country in which the Ticket is issued, unless another currency is indicated by Us or Our Authorised Agent at or before the time payment is made (for example, because of the non-convertibility of the local currency) ("pricing currency"). We may, at Our discretion, accept payment in another currency.
4.3.2 Passengers who pay for their Flight(s) with credit/debit or charge cards billed in a currency other than the pricing currency will be charged by their card issuer in the currency of issue of the card. We have no control over the exchange rates or other charges, which may be imposed by the card issuer.
4.3.3 When booking on bluesky-air.com You may be offered the choice to pay in the currency of Your credit card where it differs from Our pricing currency. This service may be unavailable for various reasons including unsupported currencies or maintenance.
4.3.4 The conversion rates used to convert USD to the local “pricing currency” may change from time to time and We reserve the right to vary the fares comprised in any Tariff at any time and, accordingly, a fare for any Flight is not guaranteed until the Ticket for such Flight has been issued and We have received full payment for it.
4.4 Ticketing Time Limit
Ticketing Time Limit is a service available at an extra charge for Passengers to secure the fare for a Ticket for a period of time. During that Period, the fare will not change, with the exception of changes to local "pricing currencies" or increases to governmental and airport charges, provided the fare and all taxes are paid in full before the end of the applicable Period. The Period will vary according to the time when the applicable Flight is booked as follows:
|30-90 Days||48 HOURS After booking|
|10-30 Days||24 HOURS After booking|
|4-10 Days||12 HOURS After booking|
|2-4 Days||6 HOURS After booking|
|1-2 Days||1 HOUR after booking|
|4-24 Hours||30 MINUTES After booking|
4.5 Group Fares
4.5.1 Group fares are available to parties of over 10 Passengers.
4.5.2 Fare quotes will be based in USD. Please see 4.3
4.5.3 Fares will be determined based on the requirements of the group in addition to the fare available at the time of request and are valid for three days if travel is more than 7 days in advance.
4.5.4 Changes to the originally quoted group size may result in significant changes to the fare depending on demand or availability.
4.5.5 Subject to the provisions of 4.4 above, fares remain subject to change until such time a deposit is placed to secure seats and prices. The fare will not change with the exception of changes in “pricing currency” or government imposed taxes.
4.5.6 A 30% non-refundable quote is required to secure seats and guarantee the fare.
4.5.7 We will advise You of the date by which You must make full payment and provide Us with all passenger names. Failure to make full payment and/or provide passenger names by the specified date will result in the cancellation of any seats for which full payment and/or the passenger name(s) have not been received and We shall be entitled to retain any sum(s) received by Us in respect of such Seat(s) and/or passengers.
4.5.8 After full payment and release of passenger names, full terms and conditions apply.
4.6 Administration Fees
We reserve the right to charge a reasonable administration fee for ancillary services that are not included in price of the Ticket including but not limited to requests for personal data pursuant to Article 5.2 and requests for duplicate receipts.
4.7 Payment Card Charges and Fees
Under certain circumstances customers transacting with credit, debit or other payment cards may be subject to additional fees and charges imposed by their card issuer. We have no control over these charges and fees.
5.1 Booking Requirements
5.1.1 We or Our Authorised Agent will record Your Booking. We will provide You with written confirmation of Your Booking(s) in the case of telephone reservations. In the case of Internet Bookings, the Booking confirmation will be displayed on screen on completion of the transaction. You should print this for Your records, as You will be required to quote this number at check-in.
5.1.2 A Booking is not made until You have received a confirmation number and We have received full payment.
5.2 Personal Data
You recognise that personal data has been given to Us for the purposes of: making a Booking; purchasing and issuing a Ticket; accounting, billing and auditing (including checking credit or other payment cards); administrative and legal purposes; statistical analysis; developing and providing services; and facilitating security, immigration, customs and entry procedures, and making available such data to government agencies, in connection with Your travel. It is also possible that such data may be used for sales and marketing purposes and that it may be disclosed to companies within Blue Sky Air or Our travel partners. For these purposes, You authorise Us to retain and use such data and to transmit it to Our own offices, Our subsidiaries, Authorised Agents, government agencies, data processors, credit and payment card companies or the providers of the above-mentioned services. This may involve sending Your data outside of Your country of residence. If You do not wish to receive information from Us or Our travel partners please write to Us at the correspondence address at the end of these Conditions of Carriage.
5.3 Allocated Seating
You may, at an additional charge and in advance, pre-book seat(s) at the time You book Your Flight. Seat selection is optional and if not pre-booked, seats will be allocated at check-in without charge.
5.3.1 Allocated Seating Charges
We offer two types of allocated seating options as set out in Our Table of Fees and Charges. If seats need to be reassigned for operational, safety or security reasons, We will make reasonable efforts to honour paid seat assignments.
5.3.2 Refunds on Allocated Seating Charges
Allocated seat fees are non-refundable.
(a) If You cancel, miss or transfer Your Flight, allocated seating charges already paid by You will not be refunded or transferred to the next Flight.
(b) In the event We cancel Your flight for which You have chosen and paid for allocated seating, You will be entitled to a full refund of charges paid or the transfer of Your seat booking (via call centre) to the nearest available seat.
5.3.3 Conditions for Allocated Seating
(a) We reserve the right to reassign allocated seats for operational, safety, or security reasons at any point during Your journey.
(b) For safety and security reasons You may only be seated in an emergency exit seat if:
(i) You are 16 years or older
(ii) You are willing and physically able to assist cabin crew in the unlikely event of an emergency
(iii) You are not traveling with an infant or child under the age of 16
(iv) You do not require a seat belt extender
(v) You do not require special assistance of any kind
(vi) You have no vision impairment
5.3.4 Seats Allocated at the Airport
In the event of seats being allocated at the airport and not pre-booked, We cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
Blue Sky Air Flights are not intended for use in connecting with flights of other carriers or other Blue Sky Air Flights. Any connections are made at Your own risk and You will have to check-in with Your baggage for any flights booked to connect.
7.1 The Check-in Deadline is 60 minutes prior to the scheduled time of departure. The Check-in desk will close at the Check-in Deadline and You must therefore allow ample time to ensure You can check in before this time. We will not accept You for travel and will cancel Your reservation if You do not comply with the Check-in deadline or appear to be improperly documented and not ready for travel. We are not liable for loss or expenses due to Your failure to comply.
7.2 You must be present at the boarding gate not later than the time specified by Us when You check in.
7.3 We will cancel the space reserved for You if You fail to arrive at the boarding gate in time.
7.4 We will not be liable to You for any loss or expense incurred due to Your failure to comply with the provisions of this Article.
7.5 The boarding gate, the point at which You depart for the aircraft, will close 15 minutes before the scheduled time of departure.
7.6 After this time the conditions outlined in Articles 7.2 to 7.4 (inclusive) will apply.
8.1 Right to Refuse Carriage
We may, at Our sole discretion, refuse to carry You or Your Baggage if We have notified You in writing that We would not at any time after the date of such notice carry You on Our Flights. In this circumstance You will be entitled to a refund. We may also refuse to carry You or Your Baggage if one or more of the following have occurred or We reasonably believe may occur in which case You will not be entitled to any refund:
8.1.1 such action is necessary in order to comply with any applicable government laws, regulations, or orders.
8.1.2 the carriage of You or Your Baggage may endanger or affect the safety of the aircraft, or the safety, health, or materially affect the comfort of other passengers or crew.
8.1.3 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.
8.1.4 You have committed misconduct on a previous Flight, and We have reason to believe that such conduct may be repeated.
8.1.5 You have refused to submit to a security check on You or Your Baggage.
8.1.6 You have not paid the applicable fare, taxes, fees or charges.
8.1.7 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 travel documents during flight, refuse to surrender Your travel documents to the flight crew, against receipt, when so requested or refuse to allow Us to photocopy Your travel documents.
8.1.8 You present a Ticket that has been acquired unlawfully, has been purchased from an entity other than Us or Our Authorised Agent, or has been reported as being lost or stolen, is a counterfeit, or You cannot prove that You are the person named in the Ticket.
8.1.9 You fail to observe Our instructions with respect to safety or security
8.1.10 You have used threatening, abusive or insulting words towards Our ground staff or crew of the aircraft.
8.1.11 You have deliberately interfered with a member of the crew of the aircraft carrying out their duties.
8.1.12 You have made or have threatened to make a hoax threat relating to bombs, biological or chemical weapons.
8.1.13 You have put the safety of either the aircraft or any person in it in danger.
8.1.14 You have committed a criminal offence during the check in or boarding process or on board the aircraft.
8.2 Special Assistance
8.2.1 Disability, Medical or Health
(a) Acceptance for carriage of incapacitated persons, persons with illness or other people requiring special assistance is subject to prior arrangement with Us. Further details can be found in the rules and regulations which are posted on Our website or are available on request. Passengers with disabilities who have advised Us of any special requirements they may have at the time of ticketing, and been accepted by Us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
(b) Wheelchairs will be provided without charge. The number of wheelchair passengers may be limited from time to time. For further details see the rules and regulations which are posted on Our website or are available on request.
(c) Passengers with broken limbs, who are unwell or injured or suffering from chronic illness will require a certificate from their doctor, confirming that they are able to fly. Passengers will not be permitted to fly without the correct documentation.
(d) Passengers travelling with medication such as drugs or inject able liquids must carry suitable documentation, such as a prescription, confirming details of the drug and its intended use.
8.2.2 Infants and Children
(a) We do not accept unaccompanied minors under the age of 12 for travel. Children under 12 years of age cannot travel unless accompanied by a person aged 16 years or older who accepts responsibility for the minor.
(b) Children under 18 travelling without their parents/legal guardians must carry an ID card and written authorisation form permitting them to travel without their parents/legal guardians.
(c) Children under 18 travelling without their parents/legal guardians must carry an ID card and written authorisation form permitting them to travel without their parents/legal guardians. The form must be collected from their local police station and be presented with their ID card at the check-in desk and passport control. The form is required for both domestic and international flights. Without this form passport control officers will refuse them travel. Children travelling with a valid passport do not require this form as the passport acts as parental authority. A Family Book (Livret de Famille) is not sufficient ID for a child/infant to travel on international flights. Children travelling on Blue Sky Air international flights must have either a valid passport and any other necessary documents.
(d) No more than two infants (children under two years of age on the date of travel) are allowed per accompanying adult.
(e) Children or infants that are ill or suffer from chronic illness will require a doctor’s certificate, confirming that they are able to fly. Sick children and infants will not be permitted to fly without the correct documentation.
8.2.3 Expectant Mothers
(a) Expectant mothers may travel on Our Flights including return Flights up to the end of the 35th week of pregnancy. If You are expecting more than one baby, all Flights must be completed by week 32. We recommend that in all cases You consult Your doctor before flying with Us. We will not accept any liability for any complications caused by flying whilst pregnant.
(b) Expectant mothers who are over 28 weeks pregnant will need a certificate from their doctor, confirming that they are able to fly. A certificate issued by Your midwife is not accepted. Expectant mothers will not be permitted to fly without the correct documentation
9.1 Check In Baggage Allowance
9.1.1 Anything bigger than Cabin Baggage (56cm x 45cm x 25cm) will need to be checked in as Hold Baggage.
9.1.2 Hold Baggage is any item accepted by us for carriage in the aircraft hold, which may include but not be limited to suitcases, baby buggies, rucksacks, tents and any mobility equipment such as, wheelchairs, scooters and walking frames. Large sports equipment, oversized luggage, infant travel cots, car seats and musical instruments are subject to separate charges and restrictions.
9.1.3 A Baggage Fee is charged for the carriage of each item of Hold Baggage above the free 15kg weight allowance. Baby buggies, wheelchairs, scooters and walking frames are carried free of charge. The baggage fee is charged at USD 6 per kilo only at the airport, subject to SPACE available on departure at the airport.
9.1.4 There is a maximum weight for a single piece of hold baggage of 32kg, due to health and safety restrictions.
9.1.5 Pre-paid baggage fees are non-refundable.
9.1.6 For health and safety reasons We cannot accept any individual item exceeding 32 kilos or with combined dimensions of more than 81cms (height), 119cms (width) and 119cms (depth). This weight limit does not apply to mobility equipment.
9.1.7 Items of outsized baggage and sporting equipment will still be charged at USD 30 per Flight per item, subject to SPACE availability at airport on departure, when booked on the Website, through Our call centre or at the airport.
9.2 Excess Baggage
9.2.1 The standard Hold Baggage weight allowance is 15kg per person carrying one bag per person. Passengers travelling together on the same booking reservation, cannot pool their baggage up to the equivalent of the total weight allowance. If You exceed the total Hold baggage allowance You will be charged at the airport as per rates in 9.1.3
9.2.2 Subject to space availability We may also accept one set of golf clubs, one bicycle, one bag of wind or kite surfing equipment per passenger at a charge of USD 30 per flight. The maximum weight of any of these items must be less than 15 kgs. All items will officially travel stand-by, and We will not be responsible for repatriation if there is a delay. Any item not listed above is subject to the standard excess Baggage conditions as defined in 9.1.3.
9.2.3 Details of charges for oversize Baggage (carriage of which is at Our discretion) can be found in Our schedule of fees and charges posted on Our website or available on request.
9.3 Items Unacceptable as Baggage
9.3.1 You must not include in Your Baggage:
(a) items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in Our regulations (further information is available from Us on request).
(b) items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to.
(c) items (including but not limited to Firearms) which are reasonably considered by Us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable (see exception in Article 9.12) having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.
(d) money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
9.3.2 Domestic knives and similar items may be accepted as Hold Baggage, at Our sole and absolute discretion, but will not be permitted in the cabin of the aircraft. Such items must be declared at check-in.
9.3.3 If, despite being prohibited, any items referred to in Articles 9.3.1 or any Hand Gun(s) and/or ammunition which We have refused to carry are included in Your Baggage; We shall not be responsible for any loss or damage to such items.
9.4 Right to Refuse Carriage
9.4.1 Subject to the provisions of Articles 9.3.2 and 9.3.3, We will refuse to carry as Baggage the items described in Article 9.3, and We may refuse further carriage of any such items upon discovery.
9.4.2 We may refuse to carry as Baggage any item reasonably considered by Us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
9.4.3 We may refuse to accept Baggage for carriage unless it is in Our reasonable opinion properly and securely packed in suitable containers. Information about packing and contains unacceptable to Us is available upon request.
9.5 Right of Search
For reasons of safety and security We may request that You permit a search and scan of Your person and a search, scan or x-ray of Your Baggage. If You are not available, Your Baggage may be searched in Your absence for the purpose of determining whether You are in possession of or whether Your Baggage contains any item described in Article 9.3.1 or any firearms, ammunition or weapons, which have not been presented to Us in accordance with Articles 9.3.2 or 9.3.3. If You are unwilling to comply with such request, We may refuse to carry You and Your Baggage. In the event a scan causes damage to You or an x-ray or scan causes damage to Your Baggage, We shall not be liable for such damage unless due to Our fault or negligence.
9.6 Hold Baggage
9.6.1 Upon delivery to Us of Your Baggage which You wish to check We will take custody of, and issue a Baggage Identification Tag for, each piece of Your Hold Baggage.
9.6.2 Hold Baggage must have Your name or other personal identification affixed to it.
9.6.3 Hold Baggage will, whenever possible, be carried on the same aircraft as You, unless We decide for safety, security or operational reasons to carry it on an alternative flight. If Your Hold Baggage is carried on a subsequent flight We will deliver it to You, unless applicable law requires You to be present for customs clearance.
9.7 Cabin Baggage
9.7.1 You are allowed one piece of hand luggage (56 cm x 45 cm x 25 cm) not exceeding 10kg as carry on luggage. This means one brief case, one handbag, rucksack, suit or dress carrier etc. If Your Baggage is in excess of these dimensions or weight, or is considered unsafe for any reason, it must be carried as Hold Baggage and either be within Your allowance or carry additional charge according to Article 9.1.3.
9.7.2 At check-in the one permittable item of Cabin Baggage will be tagged. Any additional items will need to be checked-in as Hold Baggage.
9.7.3 Objects not suitable for carriage in the aircraft hold (such as delicate musical instruments), and which do not meet the requirements in Article 9.7.1 above, will only be accepted for carriage in the cabin compartment if You have given Us notice in advance and permission has been granted by Us. You may have to pay a separate charge for this service.
9.8 Collection and Delivery of Hold Baggage
9.8.1 Subject to Article 9.6.3, You are required to collect Your Hold Baggage as soon as it is made available at Your destination. Should You not collect it within a reasonable time, We may charge You a storage fee. Should Your Hold Baggage not be claimed within one (1) month of the time it is made available, We may dispose of it without any liability to Us.
9.8.2 Only the bearer of the Baggage Check and Baggage Identification Tag, is entitled to delivery of the Hold Baggage.
9.8.3 If a person claiming Hold Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, We will deliver the Baggage to such person only on condition that he or she establishes to Our satisfaction his or her right to the Baggage.
9.9.1 We will not accept animals dead or alive for carriage within the cabin or hold except as contemplated in Article 9.9.2 for approved routes.
9.9.2 The transportation of fish to market (not live and not in sea water) is permitted for carriage as Hold Baggage with the appropriate fees and charges. Containers for transporting fish must be sealable containers and film wrapped to prevent any possible contamination, ie spillage or odour.
9.10 Human Remains: funeral coffin, or ashes from cremation
Blue Sky Air will accept human remains in coffin and ashes for carriage to their respective destinations. However, a copy of both the death certificate and the cremation certificate must accompany them. The Passenger in possession of the ashes must ensure they are securely packaged in an appropriate container and should include the package in their Cabin Baggage. We also advise that the handling agents be informed when checking in. Carriage for any other human parts or remains is not permitted.
9.11 Hand Guns
(a) If You want Us to carry any Hand Gun(s) and ammunition, You must obtain our permission two weeks before You check-in for the applicable Flight. If You do not, We may, in Our sole and absolute discretion, refuse to carry them.
(b) Any Hand Gun(s) and ammunition will only be carried as Hold Baggage and will not be permitted in the aircraft Cabin.
(c) All Hand Gun(s) carried as Hold Baggage must be unloaded, have the safety catch on and be suitably packed.
(d) You must make sure You have all the valid documents You need for Hand Gun(s) and ammunition to prove ownership and legal authority for the possession of the Hand Gun(s) and ammunition.
(e) Hand Guns are subject to police and other security formalities, such that You should check-in at least two (2) hours prior to the scheduled departure time of Your Flight.
9.12 Fresh Produce and Perishables
The transportation of perishables such as fruit, vegetables or flowers is permitted on our flights only as part of Passengers' Hold Baggage allowance (up to 20kg) and extra weight will attract the appropriate charge. Perishables will not be carried in the event that toxic insecticides have been used.
10.1.1 The flight times published on Our website, in Our call centre or with any Authorised Agent may change between the date of publication and the date of departure. We do not guarantee them to You and they do not form part of Your contract with Us.
10.1.2 Before We accept Your booking, We will use Our reasonable efforts to notify You of the scheduled flight time in effect as of that time, and it will be shown on Your Ticket. It is possible We may need to change the scheduled flight time and if You provide Us with contact information, We will endeavour to notify You of any such changes. If, after You purchase Your Ticket, We make a significant change to the scheduled flight time, which is not acceptable to You, and We are unable to book You on an alternate flight, which is acceptable to You, You will be entitled to a refund in accordance with Article 10.2.
10.2 Cancellation, Rerouting, Delays etc
10.2.1 We will take commercially reasonable measures to avoid delay in carrying You and Your Baggage.
10.2.2 Except as otherwise provided by the Convention, if we cancel a flight, fail to operate a flight reasonably according to the schedule or, fail to stop at your destination, we shall, at your option, either:
(a) carry you at the earliest opportunity or where necessary, extend the validity of your Ticket; or
(b) make a refund in accordance with the provisions of Article 11.2.
10.2.3 Upon the occurrence of any of the events set out in Article 10.2.2, except as otherwise provided by the Convention, the options outlined in Article 10.2.2.(a) and 10.2.2.(b) are the sole and exclusive remedies available to You and We shall have no further liability to You.
10.2.4 In the event of cancellation of your Flight, We will not compensate You further than a full refund. This refund can be claimed by writing to the applicable address stated after the Definitions in Article 1 above these Terms and Conditions.
10.2.5 If Your flight is cancelled as a result of Extraordinary Circumstances or any Force Majeure event which could not have been avoided even if all reasonable steps had been taken, You will not be entitled to compensation other than the right to cancel the flight and claim a refund or rebook an alternative date without additional fees.
10.2.6 We fly without any affiliation to other airlines. Therefore, We cannot accept responsibility for missed onward connections as a result of any delays to scheduled departure times on an unaffiliated airline.
11.1 Subject to the terms contained herein, all tickets are non-refundable. Tickets may be changed to an alternative Flight at the same or higher fare subject to availability, the payment of a change fee and any difference in fare. Full details can be found in Our schedule of fees and charges. Please check the fare rules prior to purchasing Your Ticket.
11.2 On failure by Us to provide carriage in accordance with these Terms and Conditions, refund of the fare or applicable portion thereof shall be made by Us in accordance with this Article 11.
We shall be entitled to make a refund either to the person named in the Ticket or to the person who has paid for the Ticket, upon presentation of satisfactory proof of payment.
11.3 Involuntary Refunds
11.3.1 If we cancel a flight or fail to stop at your destination and no alternative flight is available, or if a refund is otherwise due to you under these Conditions of Carriage, the amount of the refund shall be:
(a) if no portion of the Ticket has been used, an amount equal to the fare paid.
(b) if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.
Subject to Article 14, we shall not be liable for any other direct or indirect costs incurred by you as a result of such cancellation or missed destination. You are strongly advised to take out adequate travel insurance for the travel you intend to take.
11.3.2 Applications for refunds must be made in writing to the correspondence address given at the end of these Conditions of Carriage.
11.4 Form of Payment and Currency
We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.
For the avoidance of doubt if payment has been made using US Dollars, then the refund will be administered in US Dollars as originally transacted.
12. Onboard Conduct
12.1 If, in Our reasonable opinion, You conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, We may take such measures as We deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.
12.1.1 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 costs of the diversion and any fines or penalties imposed on Us by the government of the country to which We have diverted.
12.1.2 For the avoidance of doubt, you are not permitted to smoke on board the aircraft. We reserve the right to refuse to serve or sell cigarettes to any passenger on board the aircraft.
12.2 Electronic Devices
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or services (other than carriage by an aircraft ) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.
14.1.1 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.
14.1.2 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.
14.2 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.
14.3 Refusal of Entry
If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
14.4 Passenger Responsible for Fines 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 expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.
14.5 Customs Inspection
If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
14.6 Security Inspection
You shall submit to any security checks by Governments, airport officials, Carriers or by us.
14.7 Medical Costs and Diversions
If you are taken ill on board an aircraft and we decide that it is in your interests to divert the aircraft to enable proper medical attention to be obtained, you will be responsible for any medical costs incurred together with any accommodation costs of family or friends who accompany you and the costs of onward transportation from the unscheduled stopping point to your final destination. We recommend that you obtain adequate travel and medical insurance prior to commencing your journey.
14.8 Published Material
Except in the case of our act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, we shall not be liable for errors or omissions in timetables or other published material as to the dates or times of departure or arrival or as to the operation of any flight.
15.1 These Terms and Conditions govern Our liability to You:
15.1.1 Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.
(a) Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
(b) We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment.
(c) We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
(d) We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.
(e) Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Hold Baggage shall be limited to SDR 19 (approx. USD 26.79) per kilogram and in the case of Damage to Unchecked Baggage shall be limited to SDR 332 (USD 468.12) per passenger where the Warsaw Convention applies to your journey, or 1131 SDRs (USD 1594.71) for Hold and Unchecked Baggage, subject to proven, damage for Unchecked baggage where the Montreal Convention applies to your journey undertaken on or after the 28th June 2004, provided that in either case if in accordance with applicable law different limits of liability are applicable such different limits shall apply. The SDR is s Special Drawing Right as defined by the International Monetary Fund. The value of 1 SDR is approximately USD 1.41 cents as of the 1st September 2015, but this rate of conversion may fluctuate and is shown on the IMF website at imf.org. For the purposes of the Warsaw Convention, if the weight of the Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Hold Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If in the case of Hold Baggage a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.
(f) Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.
(g) 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.
(h) We shall have no liability whatsoever for Damage to articles not permitted to be contained in Hold Baggage under 9.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
(i) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
(j) The contract of carriage, including these Terms and Conditions and exclusions or limits of liability, applies to Our Authorised Agents, servants, employees and representatives to the same extent as they apply to Us. The total amount recoverable from Us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of Our own liability, if any.
(k) Nothing in these Terms and Conditions shall waive any exclusion or limitation of Our liability under the Convention or applicable laws unless otherwise expressly stated.
(l) We will not accept responsibility for the damage or loss of protruding parts such as wheels, straps, pull handles, or other items that are attached to baggage, perishable, damaged or fragile baggage or for minor damage to the exterior of baggage (e.g. scratches, stains, soiling, dents as a result of the normal rigours of transportation by air or for water damage to non-water-resistant baggage).
15.1.2 In respect of any claim for recoverable compensatory damages arising out of the death, wounding or other bodily injury of a passenger in an accident taking place on board an aircraft (or in the course of any of the operations of embarking or disembarking) on a flight for which Our name or Airline Designator Code appears in the carrier box of the Ticket:
(a) We will not invoke the limitation of liability in Article 22(1) of the Convention or any similar limitation existing under applicable law;
(b) We will not avail Ourselves of any defence under Article 20 of the Convention, or any similar defence existing under applicable law, with respect to that portion of the claim which does not exceed 113,100 Special Drawing Rights (SDRs);
(c) We will without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments to such person as may be required to meet immediate economic needs on a basis proportional to the hardship suffered (such amount not to be less than the equivalent of SDR16, 000 per passenger in the event of death). Any such advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid by Us, but is only returnable if the damage was caused by, or contributed to by, the negligence of the passenger or of the person who received the payment, or if the person to whom the payment was made was not the person entitled to compensation;
Provided that We reserve all other defences available to Us (whether under the Convention or otherwise) and all rights of recourse against any other person, including (without limitation) rights of contribution and indemnity.
16.1 Notice of Claims
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
If you wish to file a claim or an action regarding Damage to Hold 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 Hold 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.
16.2 Limitation of Actions
Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The law of the court where the case is heard shall determine the method of calculating the period of limitation.
17. Other Conditions
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern among other things; the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices and items, and the on board consumption of alcoholic beverages.
Regulations and conditions concerning these matters are available from us upon request.
The title of each Article of these Terms and Conditions is for convenience only, and is not to be used for interpretation of the text.
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 expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on Your ticket, or any of Your funds in Our possession.