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General Conditions Of Carriage (Passengers And Baggage)
 




 

CONTENT

1. DEFINITIONS

2. APPLICABILITY

3. TICKETS

4. FARES, TAXES, FEES AND CHARGES

5. RESERVATIONS

6. CHECK-IN AND BOARDING

7. REFUSAL AND LIMITATION OF CARRIAGE

8. BAGGAGE

9. SCHEDULES

10. CONDUCT ABOARD THE AIRCRAFT

11. ADMINISTRATIVE FORMALITIES

12. LIABILITY FOR DAMAGE

13. TIME LIMITATION ON CLAIMS AND ACTIONS

14. OTHER CONDITIONS

15. INTERPRETATION

 

1. DEFINITIONS

1.1. Expressions used in these General Conditions of Carriage for Passengers and Baggage (hereinafter – the Conditions, Conditions of Carriage) have the following meaning:

1.1.1. “We”, “our”, “ourselves”, and “us” means UAB Grand Cru Airlines, Grand Cru Airlines.

1.1.2. “You”, “your”, and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft, named in the Ticket or the List of Passengers (see also definition for “Passenger”).

1.1.3. “A LIST OF PASSENGERS” means a list of Passengers provided to us by the Client for a certain flight performed under the Charter Flight Agreement entered into with the Client together with the list of persons who have separately publicly acquired Tickets for the particular flight.

1.1.4. “AIRLINE DESIGNATOR CODE” means the two characters or three letters which identify certain air carriers.

1.1.5. “BAGGAGE” means the property accompanying you in connection with your trip. Unless otherwise specified, it consists of both checked and unchecked Baggage.

1.1.6. “BAGGAGE CHECK” means the document which confirms carriage of your checked Baggage.

1.1.7. “BAGGAGE IDENTIFICATION TAG” means a document issued during check-in of the Baggage and used for marking and identifying each portion of your checked Baggage.

1.1.8. “CARRIAGE” means carriage of Passengers and/or Baggage by air which is performed pursuant to a Charter Flight Agreement between us as actual carrier and the Client (contracting carrier (charterer or tour operator)) and is subject to the charter fight agreement. The Client is the carrier who as a principal enters into the Charter Flight Agreement. Carriage also means carriage of Passengers and/or Baggage by air which is performed pursuant to the contract of carriage entered directly by us between us as contractual carrier with the Passenger.

1.1.9. “CHARTER FLIGHT AGREEMENT” means the agreement entered between us as actual carrier and the Client (contracting carrier (charterer or tour operator);

1.1.10. “CHECKED BAGGAGE” means Baggage of which we take custody in the Baggage hold of the aircraft and for which we have issued a Baggage Check.

1.1.11. “CHECK-IN DEADLINE” means the time limit by which you must have completed check-in formalities and received you boarding pass.

1.1.12. “CLIENT” means a person/entity with which we have entered into a Charter Flight or a block seat agreement.

1.1.13. “CONDITIONS OF CONTRACT” mean conditions stipulated or provided together with your Ticket and/or these Conditions of Carriage. The specification on the Ticket “Subject to Conditions of Contract” means reference to these Conditions of Carriage.

1.1.14. “CONVENTION” means any of the following applicable documents and their annexes:

  • The Convention for Unification of Certain Rules related 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 the Additional Protocol No. 1 in Montreal (1975);

  • The Warsaw Convention as amended at the Hague and by Additional Protocol No. 2 in Hague and Montreal (1975);

  • The Warsaw Convention as amended by Additional Protocol No. 4 (1975) in Hague and Montreal;

  • The Guadalajara supplementary Convention (1961);

  • The Convention for Unification of Certain Rules related to International Carriage by Air, signed in Montreal on 28 May 1999;

  • Tokyo Convention on Offences and Certain Other Acts Committed on Board of the Aircraft signed in 1963;

  • Chicago Convention of International Civil Aviation (ICAO) signed on 7 December 1944.


1.1.15. “COUPON” means a paper flight coupon and/or an electronic coupon, each of which entitles the named Passenger to travel on a certain flight identified on it.

1.1.16. “DAYS” mean calendar days.

1.1.17. „DAMAGE” means death or bodily injury of a Passenger, partial or total loss of the Baggage, including theft from the Baggage, arising out of or in connection with Carriage or other services performed by us.

1.1.18.  “FLIGHT COUPON” means that part of the Ticket that bears the words “Good for Passage”. In the case of an electronic Ticket this means an electronic Coupon. The Flight Coupon specifies the places of your departure and destination.

1.1.19. “FORCE MAJEURE” means special circumstances which could not have been predicted or avoided and the consequences of which could not have been evaded even if all reasonable measures were taken.

1.1.20. “PASSENGER” means any person except members of the crew, carried or to be carried in an aircraft, pursuant to the Ticket and/or the List of Passengers (see also definition for “you”, “your”, and “yourself”).

1.1.21. “PASSENGER COUPON” means the part of the Ticket that leaves to you after the journey and which should be retained by you.

1.1.22. “PROHIBITED ITEMS” mean items that can be used to perform unlawful l acts or the items that have not been properly declared according to the valid legal acts and rules or that are prohibited by legislation to be carried on an aircraft or by passengers or in unchecked baggage to be brought on board of an aircraft or to a controlled zone or to be carried in the checked Baggage.

1.1.23. “SDR” means a Special Drawing Right, a unit of currency that is the official unit of exchange of the International Monetary Fund.

1.1.24. “STOPOVER” means a scheduled stop on your journey, at a point between the place of departure and the place of destination.

1.1.25. “TICKET” means a material or immaterial (electronic) Client’s issued document that entitles you to travel on a certain flight and is an integral part of the Conditions of Contract conditions. Ticket also means a material or immaterial (electronic) document issued by us on the standard our form under which we are acting as contractual carrier entitling you to travel on a certain flight and which is an integral part of the Conditions of Contract (see also definition for “Conditions of Contract”).

1.1.26. “TRAVEL DOCUMENTS” mean the passport or ID card, invitation, visa, insurance, and other documents which are necessary for the relevant trip.

1.1.27. “UNCHECKED BAGGAGE” means any of your Baggage other than the checked Baggage that you take with you on board the aircraft.

1.1.28. “UNLAWFUL ACT” means unlawful actions (action or omission to act) or attempts to perform such actions, which pose a threat to the safety of civil aviation, air transport, life or health of people, and other well-being protected by law. Furthermore, it means actions which, regardless of whether they constitute unlawful acts or not, may result or result in danger for the safety of the aircraft and the people or property on board the aircraft, or pose a threat to the order and/or discipline on board the aircraft.








2. APPLICABILITY

2.1. GENERAL

2.1.1. Except as provided in Articles 2.2 and 2.3, these UAB „Grand Cru Airlines“ Conditions of Carriage apply to the flights where our name or Airline Designator Code is indicated in the Ticket.

2.2. OVERRIDING LAW

2.2.1. If these Conditions of Carriage or parts thereof contravene the applicable law, the law shall prevail.

2.2.2. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.

2.3. CONDITIONS OF CARRIAGE PREVAIL OVER REGULATIONS

2.3.1. Except as otherwise provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations dealing with the issues discussed in these Conditions of Carriage, these Conditions of Carriage shall prevail.

 








3. TICKETS

3.1. GENERAL

3.1.1. We will provide Carriage only to the Passenger named in the Ticket and/or the List of Passengers. During check-in flight you must provide your identity so that we can identify that you are the person named in the Ticket and/or the List of Passengers. If we have information that your Ticket may have been acquired unlawfully, we reserve the right to request you to submit additional details or information related to the acquisition of your Ticket.

3.1.2. Tickets purchased are not transferable. Only the person named on the Ticket is permitted to travel using the Ticket.

3.1.3. You will not be allowed to travel if you fail to provide a valid Ticket (confirmation of reservation) for a certain flight and a valid identity document and, in the case of an electronic Ticket, your data regarding the acquisition of the Ticket is not available in the electronic ticketing database.

3.1.4. The Ticket is valuable document and you should take appropriate measures to safeguard it and ensure it is not lost, stolen or damaged. This provision is not applicable to an electronic Ticket.

3.1.5. Tickets shall not be valid unless the charter price, including, if applicable, taxes, levies, charges, increases and the like have been paid for us by the Client or until credit arrangements established by us have been complied with. Tickets are in principle non-refundable and non-endorsable. If refunds are made, they shall only be made to the Client, pursuant to the terms of the applicable the  Charter Flight Agreement.

3.2. PERIOD OF VALIDITY

3.2.1. The Ticket is valid only for the flight dates specified in the Ticket.

3.2.2. Tickets issued by the Client are valid provided that the Client pays us for the certain charter flight or the block seats and duly fulfils all the other obligations under the contract we have entered into.

3.3. THE USE OF COUPONS

3.3.1. The Ticket you have purchased is valid only for the Carriage as shown on the Ticket Coupon(s), from the place of departure to the final destination and only for Carriage in the flight class only on the date and on the flight, which reservation is for.

3.3.2. If you fail without an advance notice to us to arrive for your flight, we may revoke other flights on your order i.e. seats reserved for you on those flights If you give an advance notice to us about your failure to arrive for the flight, we will not cancel your subsequent flight reservations, but in such case conditions laid down in Articles 3.3.3 and 3.3.4 will apply.

3.3.3. If you wish to make any changes to the Ticket according to the tariff applied to your Ticket, you should contact the Client who issued the Ticket to you, or us, if the Ticket is issued by us, in advance. You may be asked to pay an administrative fee for any changes to the Ticket and, in case you change the flight date and there is no vacant seat on the flight requested by you at the same tariff as yours, you will have to pay the price difference as well.

3.3.4. Please note that no change of the flight route is allowed.

3.4. NAME OF THE CARRIER

3.4.1. Instead of our name on the Ticket, our Airline Designator Code or an abbreviation of our name may be specified. You can request the information about us from the Client and/or find it on our website www.gcairlines.aero. The Client is always the contracting carrier in respect of the Ticket issued by Client for carriage of Passengers and/or Baggage by air which is performed pursuant to a Charter Flight Agreement between us as actual carrier and the Client (contracting carrier (charterer or tour operator)) and such carriage is subject to the Charter Flight Agreement.

 








4. FARES, TAXES, FEES AND CHARGES

4.1. FARES

4.1.1. Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with applicable tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may impact the fare to be paid.

4.2. TAXES, FEES, AND CHARGES

4.2.1. Applicable taxes, fees and charges imposed by 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, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket.

4.3. CURRENCY

4.3.1. Fares, taxes, fees, and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or the Client during the payment or prior to payment.

 








5. RESERVATIONS

5.1. RESERVATION REQUIREMENTS

5.1.1. We or the Client make reservations for the flights. If reservations are made by the Client, he provides us with the Lists of Passengers in accordance with the Charter Flight Agreement entered into between us and the Client.

5.1.2. We or the Client may request an additional administrative payment for the issue, change of the Ticket or the provision of the related services thereof.

5.1.3. If you failed to pay for the Ticket by the date specified by us or our authorised representative, we have a right unilaterally and without any prior notice to cancel your reservation for the flight.

5.2. PERSONAL DATA

5.2.1. You recognize that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, operating baggage fraud detection systems and ticket fraud prevention/detection systems, developing and providing services, facilitating immigration and entry procedures, and making available such data to Government Authorities such as Customs and Immigration Authorities and Federal and State Authorities if so required, in connection with your travel. For these purposes, we are further authorized to retain and use such data and to transmit it worldwide to its own offices, Authorized agents, other Carriers, the providers of the ancillary services or Government Authorities, in whatever country they may be located.

5.3. SEATING

5.3.1. We cannot guarantee any particular seat to you in the aircraft. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for government regulatory, operational, safety or security reasons.

 








6. CHECK-IN AND BOARDING

6.1. Check-in Deadlines are different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honour them. Your journey will be smoother if you have enough time for check-in and other departure procedures. We reserve the right to cancel your flight reservation and refuse to carry you without providing any compensation if you fail to comply with the check-in deadlines indicated. You will be considered checked-in for the flight when a boarding pass is issued to you.

6.2. You must be present at the boarding gate not later than the time specified by us when you check-in.

6.3. We may cancel your seat reservation if you fail to be present at the boarding gate in time. After the boarding gate is closed, your boarding an aircraft is impossible.

6.4. 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. REFUSAL AND LIMITATION OF CARRIAGE

7.1. RIGHT TO REFUSE CARRIAGE

7.1.1. If we have notified you in writing that we are refusing to carry you on all our flights due to your misbehaviour on board or for any other reasons stipulated in international and national law, including cases of unlawful acquisition of Tickets, we may unilaterally refuse to carry you and your Baggage after the date of such notice. If you have received a notification about our refusal to carry you on our flights, you have no right to travel on our flights. If during the period of refusal specified in the notification you attempt to travel on our flights, we will refuse to carry you without your consent and the money for the Ticket will not be refunded.

7.1.2. We may also refuse to carry you or your Baggage in the cases stipulated in these Conditions of Carriage or if one or more of the following have occurred or we reasonably believe may occur:

7.1.2.1. such action is necessary in order to comply with the requirements of applicable law;

7.1.2.2. the Carriage of you and your Baggage may endanger or effect the safety, health or comfort of other Passengers or crew or endanger our and our Passengers’ property;

7.1.2.3. your mental, emotional, or physical condition, including your alcohol or drugs, may endanger or effect the flight safety, aviation safety, yourself, Passengers, crew, our and our Passengers’ property or result in discomfort or prevent the crew from performing their duties;

7.1.2.4. you have committed misconduct on a previous flight and/or you have been arranged for violation of aviation safety and we believe that such conduct may repeat;

7.1.2.5. you have refused to submit to a security check or refused your belongings to be checked, or you avoid such checks;

7.1.2.6. you carry Prohibited Items;

7.1.2.7. you have not paid applicable fare, taxes, fees or charges related with the Tickets;

7.1.2.8. you have threatened, abused or insulted another Passenger, ground operation agent or a member of the crew or opposed the actions of ground operation agents or crew members;

7.1.2.9. you have failed to follow legitimate requirements related, for instance, with safety and security, of our ground handling agents and members of the crew;

7.1.2.10. during check-in, boarding and/or the flight you have endangered other Passengers, ground operation agents and members of the crew;

7.1.2.11. you do not appear to have and/or fail to surrender upon request your valid personal documents visa, you 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 or refuse to surrender your travel documents to the flight crew when so requested, or if we have reasonable grounds to believe that you will not be permitted to enter the country of your destination or any other country through which you may be in transit;

7.1.2.12. you cannot prove that you are the person named in the Ticket or on the List of Passengers;

7.1.2.13. you present a Ticket that has been issued unlawfully or you present a Ticket that has been reported as being lost or stolen or you present a Ticket that is counterfeited or damaged and it is not possible to identify the required data or you present a Ticket that has not been issued or replaced by the Client.

7.2. RIGHT TO REFUSE CARRIAGE WHEN THERE IS REASONABLE GROUND TO BELIEVE THAT THE PASSENGER ACQUIRED THE TICKET UNLAWFULLY

If the Ticket has been paid electronically by a bank card that belongs to another person, we have the right to cancel your reservation for the flight and/or refuse to carry you, if:

7.2.1. we suspect that the Ticket has been acquired unlawfully using a bank card that belongs to another person and at check-in or upon our prior request, i.e. prior to the flight for which you have acquired the Ticket, you refuse or cannot specify the personal data of the owner of the bank card (first name, surname, and place of residence), the price of the Ticket, and other circumstances related to the acquisition of the Ticket;

7.2.2. the Ticket has been acquired using a bank card that belongs to another person and you specified the personal data of the owner of the bank card (first name, surname, and place of residence), the price of the Ticket, and other circumstances related to the purchase of the Ticket, but refuse to sign an obligation to compensate us for the price of the Ticket(s) and any other loss arising therein, if it occurs that the Ticket has been unlawfully acquired using a bank card that belongs to another person;

7.2.3. it is known that the Ticket has been acquired unlawfully using a bank card that belongs to another person, i.e. the owner of the card or the bank that has issued the card used for purchasing the Ticket informs us that his bank card has been used without the knowledge of the owner or by other unlawful means.

CAUTION: If the Ticket(s) has(ve) been unlawfully acquired using a bank card that belongs to another person, we will always report this to the relevant law enforcement authorities. We take no responsibility for any of your losses if, as prescribed in the law, at the place of check-in you are detained by the law enforcement authorities. Any loss arising from your unlawful actions will be claimed from you under the applicable law.

7.3. SPECIAL ASSISTANCE

7.3.1. Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements. At your request, we and/or our Client will provide all the information about our requirements and the services we provide.

 








8. BAGGAGE

8.1. BAGGAGE ACCEPTED FOR CARRIAGE

8.1.1. Baggage accepted for Carriage must comply with the limitations for the size and weight of the Baggage. You may carry 25 kg (twenty five kilos) of Checked Baggage and 5 kg (five kilos) of Unchecked Baggage. Special equipment (e.g., skis, windsurfing board) and animals shall be charged special charges approved by us. Information about the limitations to the size and weight of the Baggage, requirements for special Baggage, and special charges you can find in our website or ask the Clients.

8.2. EXCESS BAGGAGE OR NON-COMPLIANCE WITH SIZE LIMITATIONS

8.2.1. If the weight of your Baggage exceeds the weight limits for Checked Baggage, we have the right (without assuming any liability) to refuse to carry such Baggage or accept to carry the Baggage (or part thereof) if you pay additional fee for excess Baggage. All information about the fees for excess Baggage will be provided to you by us or the Client.

8.2.2. If the size of your Baggage does not comply with our size limitations we have the right (without assuming any liability) to refuse to carry such Baggage.

8.3. ITEMS PROHIBITED ON BOARD OF THE AIRCRAFT (as items carried by the Passengers or as Baggage). PROHIBITED ITEMS:

8.3.1. The following items are prohibited from being carried in Baggage:

  1. firearms and non-firearm weapons and ammunition: all items which are suitable or appear to be suitable for firing a projectile or items which can cause injury;

  2. stun or shock devices: devices intended for stunning or causing immobility of an individual;

  3. items with sharp ends or edges: items with sharp end or edges which may endanger the safety of the aircraft or individuals (injure individuals) or property on board the aircraft;

  4. work tools: tools which may endanger the safety of the aircraft or individuals (injure individuals) or property on board the aircraft;

  5. blunt items whose impact may endanger the safety of the aircraft or individuals (injure individuals) or property on board the aircraft;

  6. liquids: the concept of liquids includes gels, pastes, lotions, mixes of liquid and solid substances, and the content of hermetically sealed containers, e.g. toothpaste, hair styling gel, beverages, soups, syrups, perfumes, shaving foam, aerosols, and other products of similar texture;

  7. explosives and incendiary substances and incendiary devices which may endanger or seemingly endanger the aircraft or people or property on board the aircraft, as well as other items which may not be carried in Checked Baggage (Article 8.3.2).


8.3.2. The following items are prohibited from being carried in Checked Baggage:

  1. explosives and incendiary substances and incendiary devices which may endanger or seemingly endanger the security of the aircraft or individuals or property on board of the aircraft, including, but not limited to, firearms and ammunition, unless these satisfy the requirements of Articles 8.3.2 and 8.3.3, blasting caps, detonators and fuses, mines and other explosive military stores, fireworks and other pyrotechnics, smoke generating canisters and cartridges, dynamite, powder and plastic explosives;

  2. items the Carriage of which is prohibited by the applicable laws and other regulations of the country of origin or destination;

  3. items which, considering the type of the aircraft, are unsuitable for Carriage due to their weight, size, form or other characteristics that may endanger security and safety;

  4. other items which are likely to endanger the security of the aircraft or persons or property on board of the aircraft and are specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for Safe Transport of dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, Regulation No. 185/2010 of the Commission, and in our rules that you may familiarise yourself with asking the Client or in our website.


8.3.3. Firearms and ammunitions can be carried only as Checked Baggage. Firearms must be unloaded (with the ammunitions not loaded in the firearms and separated from the case containing the firearm), with a safety mechanism, and suitably packed (in a special case). Carriage of firearms and ammunition is subject to ICAO and IATA regulations specified in Article 8.3.1.2(d) and applicable legislation. The firearms carried on board the aircraft must be declared to the services registering Passengers of civil aviation companies.

8.3.4. Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, provided this does not violate safety and security requirements and are suitably packed. However, these items are prohibited from caring in the cabin of the aircraft.

8.3.5. You must not include in your Checked Baggage fragile or perishable items or items having a special value, such as money, keys, medicines, medical documents, glasses, sunglasses, cameras, video cameras, and other valuable electronic or technical equipment and their auxiliary parts, computers, personal electronic devices, telephones, mobile telephones, batteries of electronic equipment, jewellery, precious metals, precious and semi-precious stones, music instruments, securities, or other valuables, valuable pieces of art, business documents, passports and other identification documents, or samples.

8.3.6. Aviation security officers may refuse to admit a Passenger in the limited access area and/or aircraft cabin who is carrying a suspicious looking item or refuses to carry such an item as Checked Baggage.

8.3.7. If, despite being prohibited, any items referred in Articles 8.3.1., 8.3.2., 8.3.3., 8.3.4., 8.3.5 are included in your Baggage, we take no responsibility for any loss or Damage to such items.

8.3.8. The applicable law may prescribe other restrictions to the Checked and Unchecked Baggage.

8.4. RIGHT TO REFUSE CARRIAGE

8.4.1. We will refuse to carry as Baggage any prohibited items referred in Article 8.3.

8.4.2. We may refuse carry as Baggage any item not suitable for Carriage due to its size, form, weight, content, other characteristics that may affect the safety of the flight, smooth working of the crew, or comfort of the Passengers.

8.4.3. We may refuse to carry the Baggage if it is not suitably and safely packed.

8.4.4. By giving you the notice, we may carry your excess Checked Baggage on the later flights without paying any compensation for such delay.

8.5. RIGHT TO SEARCH

8.5.1. For reasons of safety and security we may request that you permit a search, scan, and check of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether your Baggage contains any prohibited items specified in Article 8.3. In the event a search or scan causes Damage to you or your Baggage, we shall not be liable for such Damage, unless it is due to our fault or negligence.

8.6. CHECKED BAGGAGE

8.6.1. Upon delivery to us of your Baggage, which you wish to check in, we will take custody of it and issue a Baggage Identification Tag for each piece of your Checked Baggage.

8.6.2. Checked Baggage must have your first name and surname or other personal information affixed to it.

8.6.3. If possible, Checked Baggage will be carried on the same aircraft as you.

8.6.4. If the weight of your Checked Baggage carried without an additional fee is not entered in the Baggage Check and no charges for excess Baggage have been paid, it will be considered that the total weight of your Checked Baggage does not exceed 25 kg (twenty five kilos), unless specified otherwise.

8.7. UNCHECKED BAGGAGE (HAND LUGGAGE)

8.7.1. Baggage that you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage. We have specified maximum dimensions and weight for Baggage that you carry onto our aircraft and at your request, we or the Client will provide you with the information or you can find it on our website.

8.7.2. Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.7.1 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.

8.8. COLLECTION AND DELIVERY OF CHECKED BAGGAGE

8.8.1. You are required to collect your Checked Baggage as soon as it is made available at your destination or stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.

8.8.2. Only the bearer of the Baggage Check is entitled to collect the Checked Baggage marked with the Baggage Identification Tag.

8.8.3. If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of the Baggage Identification Tag, we will deliver the Baggage to such person only on condition that s/he, established to our satisfaction his/her right to the Baggage.

 








9. SCHEDULES

9.1. Before reservation, the Client will notify you of the charter flight time on the day you purchase the Ticket that will also be specified on your Ticket. The Client will notify you of any such changes using your specified contact details. Information about any changes to the charter flight time using contact details, including e-mail, specified by you to the Client shall be considered duly delivered.

9.2. The flight times shown in timetables may change prior to the date you actually travel. We cannot guarantee these times to you, and they do not form part of your contractual agreement with the Client.

9.3. If your flight is cancelled or the departure time is delayed for over two hours, ask the check-in or boarding gate staff to provide you with written information about the compensation and assistance rules pursuant to the Regulation No. 261/2004 of the European Parliament and the Council and applicable welfare policy.

9.4. Our liability for Damage made due to the delay of the flight is limited to 4694 SDR per passenger.

 








10. CONDUCT ABOARD THE AIRCRAFT

10.1. GENERAL

10.1.1. It is strictly forbidden to smoke, use alcoholic drinks which is not provided by the cabin crew, use drugs or other psychotropic substances aboard the aircraft.

10.1.2. If the aircraft crew have reasonable suspicion that you are under the influence of alcohol, they are entitled to refuse to sell or restrict the use of alcoholic drinks to you.

10.1.3. If, in our opinion, you conduct yourself in such a way that you endanger the aircraft or any person or property on board, hinder the crew or fail to comply with any instructions of the crew, especially instructions regarding smoking or alcohol or drug consumption, or if you behaviour causes discomfort, inconvenience, Damage or injury to other passengers, the crew or the property, we may take such measures as we reasonably consider necessary to prevent the continuation of such behaviour, including restriction of your freedom. You can be deplaned or refused to be carried any further at any place, prosecuted for your actions on the aircraft.

10.1.4. If as a result of conduct by you which is prohibited under this Article we decide in the exercise of our reasonable discretion to divert the aircraft for the purpose of offloading you, you must pay all reasonable costs resulting from that diversion.

10.2. ELECTRONIC DEVICES

10.2.1. For safety reasons, we may prohibit or restrict the use on board the aircraft of electronic equipment, including, but not limited to laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. The use of hearing aids and heart stimulators is permitted. The use of mobile phones on board the aircraft is strictly prohibited.

 








11. ADMINISTRATIVE FORMALITIES

11.1. GENERAL

11.1.1. You are responsible for obtaining all the required travel documents and visas and for complying with all laws, regulations, orders, rules, instructions, demands of the destination, departure and transit countries.

11.1.2. We shall not be liable for any consequences arising from your failure to obtain the required documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

11.2. TRAVEL DOCUMENTS

11.2.1. Prior to travel, you must present to us, our employees, agents or representatives all entry, exit, health and other documents required by law, regulations, orders, demands of the countries concerned. We are entitled to make and retain copies of these documents or retain the information contained in such documents. We reserve the right to refuse to carry a Passenger who fails to comply with the applicable law, regulations, orders or demands and related to the entry to another country or if there is suspicion that his/her travel documents are not in order or if s/he prevents us from making copies of the documents or in any other way retain the data available in the relevant documents.

11.3. REFUSAL OF ENTRY

11.3.1. You agree to pay the applicable fare whenever we, on Government order, are required to return you to your place of departure or elsewhere, owing your inadmissibility into a country, whether of transit, transfer or of destination. We may apply to the payment of such fare any funds paid to us for unused carriage, or any your funds in the possession of us. The fare collected for carriage to the place of refusal of entry or deportation will not be refunded by us. We may hold the relevant your travel documents under our custody during the flight to your place of departure or elsewhere.

11.4. PASSENGERS’ LIABILITY FOR FINES, DETENTION COSTS ETC.

11.4.1. If we are required to pay any fine or penalty or incur any expenditure through your failure to comply with laws, regulations, or directives, rules, instructions, requirements and/or travel requirements of the relevant country, or if you are unable to produce the documents required, you will be required to reimburse us any amount so paid or expenditure so incurred.

11.5. CUSTOMS INSPECTION

11.5.1. You must attend any inspection of your delayed and/or delivered on time Checked and/or Unchecked Baggage by the customs or other authorities upon demand. We are not liable for any loss or Damage suffered by you in the course of such inspection or through your failure to comply with this requirement.

11.6. SECURITY INSPECTION

11.6.1. You must submit to any security checks of your person or Baggage, since passenger and Baggage security inspection constitutes a major prevention measure aimed to assure aviation safety which is applicable to all Passengers and Baggage and grants the right to go aboard the aircraft.

11.6.2. We are not liable for any loss or Damage suffered by you if it is caused due to our refusal to carry you because we believe/may believe that your Carriage will be in breach of the rules, requirements, orders or instructions of the relevant country of origin/destination/transit or any other applicable law.

11.6.3. We shall not be liable if due to the security inspection or detention you miss your flight. In this case, the flight that you are late for will not be refunded.

 








12. LIABILITY FOR DAMAGE

12.1. GENERAL

The liability of Grand Cru Airlines involved in your journey will be determined by these Conditions of Carriage. Our liability provisions are as follows:

12.1.1. Carriage performed under these Conditions of Carriage is subject to the liability rules of the Convention even if the Carriage is not international Carriage to which compliance with the Convention is binding, unless otherwise stipulated in these Conditions of Carriage.

12.1.2. In addition the following provisions of our liability for Carriage shall be applicable:

12.1.2.1. 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.

12.1.2.2. We will be liable only for Damage occurred during Carriage on flights or flight segments operated by us and this is specified in our Ticket.

12.1.2.3. We will not be liable for Damage arising from compliance with the law, regulations, or legal acts or for Damage arising from your non-compliance with the same.

12.1.2.4. We shall be liable only for restorable indemnified Damage incurred by you the value of which was proved by documents with legal power and/or other lawful evidences.

12.1.2.5. We are not liable for any illness, injury, disability or death attributable to your age, existing mental and physical condition or any deterioration in the same.

12.1.2.6. Extent of our liability for damage incurred by you shall depend on appropriate documents submitted by you, proving the amount of factual damage, for example items purchase receipts with the price and date of purchase of items are specified. In case of liability for baggage, we have the right to deduct depreciation. Depreciation shall apply not only to suitcase or travel bag but also to all your items in the suitcase or travel bag.

12.1.2.7. The contracts of Carriage, including these Conditions of Carriage, exceptions or liability limits shall apply to our servants, employees, and representatives to the same extent as they apply to us. The total amount recoverable from us and our servants, employees, and representatives shall not exceed our own liability, if any.

12.1.2.8. Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or other applicable law unless otherwise expressly stated.

12.2. BAGGAGE

12.2.1. We are not liable for damage made to Unchecked Baggage (hand luggage) unless such Damage is caused by our fault.

12.2.2. Save to the provisions of Article 12.1.2.6 above, our liability for Damage made to Checked Baggage shall be limited to 1131 SDR per Passenger. If the weight of the Baggage is not specified in the Baggage Check, it shall be considered that the weight of a single piece of the Unchecked Baggage does not exceed our Baggage weight limitations per certain class. If the value of your Checked Baggage is greater than our maximum liability specified in this article, we recommend you to cover your Baggage by insurance prior to the travel.

12.2.3. We are not liable for any Damage caused by your Baggage, including injury to a passenger caused by property contained in your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property. Any passenger whose property, whether or not contained in such passenger Baggage, causes damage to another passenger or his baggage or to any our property or property of Carrier shall indemnify us and Carrier for all losses and expenses incurred by us and Carrier as a result thereof.

12.2.4. We shall assume no liability for any damage to items that are prohibited to be carried in checked baggage according to Article 8.3, including fragile or damageable items, improperly packed items, previously damaged or overloaded Baggage, minor damages, such as cuts, scratches, bends or stains arising in usual wear, or valuable items, such as money, keys, prescription medicines, medical documents, spectacles/sunglasses, photo cameras, video cameras and other valuable electronic or technical appliances and their accessories, computers, personal electronic devices, telephones, mobile telephones, jewellery, precious metals, precious and semiprecious stones, music instruments, negotiable instruments, securities or other valuables, works of art and paintings, business documents, passports and other identity documents or specimens.

12.2.5. We shall not be liable for any minor or superficial Damage to the Baggage as a result of normal wear and tear in the course of the travel.

12.3. PERSONAL DAMAGE

12.3.1. The following provisions shall apply for our liability for the death or injury of Passengers:

12.3.1.1. In case of death or injury of Passengers, our liability is not limited. Our liability may not exceed 113 100 SDR per passenger in case of passenger‘s death or injury if we manage to prove that damage was caused not through the fault, unlawful act or omission to act by us, our servants or representatives, or if such damage was caused exclusively through third party’s fault, by third party‘s unlawful acts or omission to act.

12.3.1.2. We reserve the right to defence regarding such claims under the Convention or any other applicable international or national legal acts as well as all rights of recourse against any other person in charge of causing Damage.

12.3.1.3. If you die or are injured in an accident, we shall perform advance payment, required by applicable laws, for satisfaction of urgent economic needs in proportion to difficulties incurred within fifteen days from identification of a natural person entitled to compensation. Such advance payment shall not be considered as recognition of our liability assumption and amounts paid on the basis of this Article may be deducted from any other subsequent amounts payable because of air carrier’s liability. Advance payment must be refund to us if we manage to prove the following: (1) damage was caused or its amount was affected by negligent behaviour of the injured or deceased Passenger, (2) a person who received advance payment caused damage or affected its amount by his/her negligent behaviour, or (3) compensation was paid to a person having no right to such compensation.

 








13. TIME LIMITATION ON CLAIMS AND ACTIONS

13.1. NOTICE OF CLAIMS

13.1.1. 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.

13.1.2. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage and, no later than within seven (7) Days of receipt of the Baggage. If you wish to file a claim or an action regarding a delay to the delivery of Checked Baggage, you must notify us within twenty-one (21) Days of the date the Baggage is delivered to you. All such notifications must be made in writing.

13.2. LIMITATION OF ACTIONS

13.2.1. 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 method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

13.3. HANDLING OF PASSENGER CLAIMS

13.3.1. Any claim filed to us will be examined following the procedure established by our internal regulations, in accordance with the binding requirements of applicable legal acts.

 








14. OTHER CONDITIONS

14.1. Carriage of you and your Baggage shall be subject also to other regulations related with safety, punctuality and Passengers‘ comfort. Regulations regarding Carriage of independently travelling children, disabled passengers, pregnant women and ill passengers, restrictions on use of electronic appliances and items, carriage of dangerous items, restrictions on consumption of alcoholic drinks and coming on board, procedures of compensation for refusal to carry and other compensations shall also apply.

14.2. Procedures and clauses of the above-listed regulations shall be provided to you by us or the Client upon your request.

14.3. Our Conditions of Carriage can be amended in writing exclusively by us. The last amendments of our Conditions of Carriage announced shall be effective.

14.4. Conditions of the Carriage and any disputes thereof are governed by the legal acts of Lithuania law, international law, unless the application of the other national law is mandatory.

 








15. INTERPRETATION

15.1. The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.

15.2. In case of differences between the Lithuanian and the English text of these Conditions of Carriage the English wording shall prevail.

 

Name of Carrier: Grand Cru Airlines or Grand Cru Airlines, UAB

Abbreviation of name – GCA