Information sections
Information
Conditions of carriage
GENERAL CONDITIONS
OF CARRIAGE OF PASSENGERS
AND BAGGAGE, APPLIED BY
LOT POLISH AIRLINES
issued pursuant to the art. 205 sec. 3 of the Act of 3 July 2002
Aviation Law.(Journal of Laws of 2002, No. 130, item 1112)
CONTENTS
- Article 1 DEFINITIONS
- Article 2 APPLICABILITY
- Article 3 TICKET
- Article 4 BREAKS OF JOURNEY (STOPOVERS)
- Article 5 FARES AND CHARGES
- Article 6 RESERVATIONS
- Article 7 CHECK-IN
- Article 8 REFUSAL, LIMITATION AND SPECIAL CONDITIONS OF CARRIAGE
- Article 9 BAGGAGE
- Article 10 IRREGULARITIES IN CARRIAGE
- Article 11 REFUNDS
- Article 12 CONDUCT ABOARD AIRCRAFT
- Article 13 ARRANGEMENTS FOR ADDITIONAL SERVICES
- Article 14 ADMINISTRATIVE FORMALITIES
- Article 15 SUCCESSIVE CARRIERS
- Article 16 LIABILITY FOR DAMAGE
- Article 17 TIME LIMITATION ON CLAIMS AND ACTIONS
- Article 18 MODIFICATIONS AND WAIVER
- Article 19 ADDITIONAL INFORMATION
ARTICLE 1
DEFINITIONS
1.1.
AGENT – means a passenger ticket sales agent appointed by carrier to represent carrier in the sale of air passenger tickets for routes performed by the carrier and, when authorised, also for routes of other air carriers.
1.2.
BAGGAGE – means such articles and other personal property of passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the journey. Unless otherwise specified, it includes both checked and unchecked baggage.
1.3.
UNCHECKED BAGGAGE – it is carried in the custody of a passenger in the passenger cabin.
1.4.
CHECKED BAGGAGE - means baggage in the custody of carrier for which carrier has issued a baggage check.
1.5.
TICKET – means either the document entitled „Passenger Ticket and Baggage Check” or an electronic ticket, in each case issued by or on behalf of carrier. It includes the Conditions of the Contract, flight information, flight coupons and passenger receipt.
BAGGAGE CHECK – means those portions of the ticket which relate to the carriage of the passenger’s checked baggage.
1.6.
ELECTRONIC TICKET – means the itinerary/receipt for the passenger issued by or on behalf of the carrier on the basis of its database, electronic coupons and, if applicable, a boarding document.
1.7.
CONJUNCTION TICKET – means a ticket issued to a passenger in conjunction with another ticket or tickets that together constitute a single contract of carriage.
1.8.
FRANC POINCARE– means the standard unit of account used in the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on October 12, 1929.
1.9.
CONVENTION – means:
- the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on May 28, 1999. (hereinafter referred to as the Montreal Convention),
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on October 12, 1929 (hereinafter referred to as the Warsaw Convention), in the original version of the text or as amended by the Hague Protocol of 1955 and/or with the amendments made by the Guadalajara Convention of 1961,
whichever is applicable in a given case, and, in the case of the Warsaw Convention, depending as well on the fact whether its amendments and/or revisions shall be applicable for a given carriage in respect to an itinerary specified in a ticket or tickets that together constitute a single contract of carriage.
1.10.
ELECTRONIC COUPON – means an electronic flight coupon or other relevant record kept in carrier’s database.
1.11.
PASSENGER COUPON or PASSENGER RECEIPT – means that portion of the ticket that is so marked and which ultimately is to be retained by the passenger.
1.12.
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 particular places between which the passenger is entitled to be carried.
1.13.
CHECK-IN DEADLINE – means the time limit set by carrier by which the passenger must have completed check-in formalities and received a boarding pass.
1.14.
AIRLINE DESIGNATOR CODE – means characters or letters that identify the particular air carrier.
1.15.
PASSENGER – means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a ticket and with the consent of carrier.
1.16.
ITINERARY/RECEIPT – means a document or documents forming part of electronic ticket that includes the name of the given passenger and information about the flight as well as other information required by applicable law.
1.17.
CARRIER’S REGULATIONS - means regulations other than these General Conditions of Carriage, published by carrier and valid for the duration of passenger’s journey, governing the carriage of passengers and/or baggage as well as the carrier’s tariff. Information on such regulations is made available by carrier upon request.
1.18.
BREAK OF JOURNEY (STOPOVER) – means a deliberate interruption of a journey by the passenger at a point/points between the place of departure and the place of destination, lasting over 24 hours, agreed to in advance with carrier.
1.19.
CARRIER – means LOT Polish Airlines, having its registered office at 17 Stycznia 39, 00-906 Warszawa, Poland, or, in special cases, also other air carrier marked on the ticket or performing the carriage pursuant to its order.
1.20.
BAGGAGE IDENTIFICATION TAG – means a document issued by carrier solely for identification of checked baggage.
1.21.
SDR (SPECIAL DRAWING RIGHT) – means the standard unit of account as defined by the International Monetary Fund.
1.22.
TARIFF – means published fares, charges and/or Conditions of Carriage of air carrier which have been filed, where required, with the appropriate authorities.
1.23
PERIOD DETERMINED IN DAYS – means 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. For purposes of determining duration of validity of the ticket, the day upon which the ticket is issued or the flight commenced shall not be counted.
1.24.
AGREED STOPPING PLACES – means those places, except the place of departure and the place of destination, set forth in the ticket or shown in carrier’s timetables as scheduled stopping places on passenger’s route.
1.25.
CONDITIONS OF CONTRACT – means those statements and information contained in or delivered with the ticket or Itinerary/receipt, identified as such and which incorporate these General Conditions of Carriage by reference.
ARTICLE 2
APPLICABILITY
2.1.
GENERAL PROVISIONS.
2.1.1. These General Conditions of Carriage apply only to the flights or flight segments where LOT Polish Airlines’ name or its airline designator code LO is indicated in the adequate box of the ticket issued for that flight or flight segment, except as provided in paragraphs 2.2. - 2.5., and in the situation referred to in paragraph 2.6.
2.1.2. These General Conditions of Carriage also apply to gratuitous and reduced fare carriage unless it has been provided otherwise in the carrier’s regulations or in the relevant contracts, transport orders or tickets.
2.2.
PRECEDENCE OF LAW
The provisions of General Conditions of Carriage are applicable in way not infringing those provisions of Convention or other statutory requirements that are unconditionally binding. The invalidity of any provision of General Conditions of Carriage shall not affect the validity of any other provision hereof.
2.3.
CARRIAGE TO/FROM USA / CANADA
These General Conditions of Carriage apply to carriage between places in the United States or in Canada or between any such place in the United States or Canada and any place outside thereof, only to the extent they are not inconsistent with national laws relevant respectively in the United States or Canada.
2.4.
CHARTERS
If carriage is performed pursuant to a charter agreement, these General Conditions of Carriage apply only if the charter agreement or the ticket does not determine otherwise.
2.5.
CODE SHARES
There are arrangements with other carriers with regard to some routes and flights that are called „Code Share”. This means that, in some cases, even though the passenger made reservation for a flight of a given carrier and holds a ticket indicating the name or the airline designator code of the given carrier, the carrier actually providing the carriage may be other than the one indicated in the ticket. The passenger is informed about the identity of the carrier actually providing the carriage at the time of making the reservation.
2.6.
INVOLUNTARY CHANGE OF CARRIER
In exceptional circumstances, when the carrier is unable to provide carriage to the passenger on its scheduled flight, in order to avoid or reduce delay in the carriage, the carrier may replace the flight with a flight operated by other carrier or to change the reservation for a flight of other carrier.
The passenger is informed about the identity of the carrier actually providing the carriage not later than at check-in or boarding the aircraft.
2.7.
CHANGE OF AIRCRAFT
The carrier reserves the right to change the type of aircraft as compared to the type indicated in the schedule.
2.8.
PRECEDENCE OF GENERAL CONDITIONS OF CARRIAGE OVER CARRIER’S REGULATIONS
Except as otherwise provided herein, in the event of inconsistency between these General Conditions of Carriage and carrier’s regulations, these General Conditions of Carriage shall prevail.
ARTICLE 3
TICKET
3.1.
TICKET
Until opposite evidence is provided, the ticket constitutes prima facie evidence of entering into contract of carriage between carrier and the passenger named in the ticket. The conditions of contract contained in the ticket are the summary of some of the provisions of these General Conditions of Carriage.
3.1.1. REQUIREMENTS REGARDING TICKET
No person shall be entitled to be carried on a flight unless he/she presents a valid ticket duly issued in accordance with the carrier’s regulations and containing the flight coupon for that flight, other unused flight coupons and the passenger receipt. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or altered otherwise than by carrier or its authorized agent. Only the passenger named in the ticket is entitled to be carried on a flight and the carrier is entitled to demand a document confirming the identity of this person and the conformity of the document's data with the registrations from the database of the carrier.
3.1.2. LACK OF VALID TICKET
In the case of loss or mutilation of a ticket or a part thereof, or non-presentation of a ticket with the flight coupon for the flight and all unused flight coupons, the issuing carrier may at the passenger’s request and subject to carrier’s regulations, replace such ticket or a part thereof issuing a new ticket (duplicate). Issuing such a ticket (duplicate) is possible on receipt of proof that the original ticket (lost or mutilated, etc.) was valid for the flight/route in question. In such case, carrier reserves the right to collect a charge for reissuing a duplicate or a part thereof. In case of failure to produce such proof, a new ticket may be issued after the payment of full price of the ticket. The refund for a lost ticket may be obtained pursuant to paragraph 11.5. of Article 11.
3.1.3. NON-TRANSFERABILITY OF TICKET
A ticket is not transferable. If someone else than the person indicated in the ticket travels on basis of that ticket or is given a refund thereof, carrier shall not be liable to the person indicated in the ticket if it provides carriage or makes the refund in good faith . This provision does not apply if the passenger obtained the ticket issued as part of a package travel. In such case, relevant provisions of law shall apply.
3.2.
PERIOD OF VALIDITY
Except as otherwise provided in the ticket, General Conditions of Carriage or carrier’s regulations, a ticket is valid for carriage for one year from the date of commencement of travel or, if no portion of the ticket is used, from the date of issue thereof.
3.2.1. EXTENSION OF VALIDITY
3.2.1.1. If the passenger is prevented from travelling within the period of validity of the ticket because carrier:
- cancels the flight for which the passenger holds a confirmed reservation; or
- omits a scheduled stop, being passenger’s place of departure, place of destination or a stopover; or
- fails to operate a flight reasonably according to schedule; or
- causes the passenger to miss a connection; or
- changes the class of service; or
- is unable to provide the previously confirmed seat in the aircraft operating the flight,the validity of such ticket will be extended until the first flight to the place of destination or break of journey where a seat in the class of service for which the fare has been paid is available.
3.2.1.2. When the passenger is prevented from travelling within the period of validity of the ticket because at the time when such passenger requests reservation, carrier is unable to provide seat on the flight, the validity of such passenger’s ticket shall be extender in accordance with carrier’s regulations or the ticket, upon passenger’s request, shall be refunded in accordance with provisions of Article 11.
3.2.1.3. When the passenger having commenced his/her journey is prevented from continuing the journey within the period of validity of the ticket due to illness, carrier may extend the period of validity of such passenger’s ticket (provided such extension is not precluded by carrier’s regulations applicable to the fare paid by the passenger) until the date when the passenger becomes fit to travel according to a medical certificate, or until carrier’s first flight after such date on which seat is available in the class of service for which the fare has been paid provided that:
- when the flight coupons remaining in the ticket, or, in the case of an electronic ticket, the electronic coupon involving one or more stopovers
- the validity of such ticket, pursuant to carrier’s regulations, shall be extended not more than 3 months from the date permitting to commence the journey determined in such medical certificate.
Carrier may extend similarly the period of validity of tickets of other members of passenger’s immediate family accompanying the incapacitated passenger.
3.2.1.4. In the event of a death of a passenger en route the tickets of the persons accompanying the passenger may be modified by the carrier extending the validity or waiving the minimum stay. In the event of death in the immediate family of a passenger who has commenced travel, the validity of the passenger’s tickets and those of his/her immediate family accompanying the passenger may be modified.
Any such modification shall be made upon receipt of a proper death certificate and validity shall not be prolonged more than 45 days from the date of death.
3.3. FLIGHT COUPON SEQUENCE
Carrier will honour flight coupons only in the sequence indicated in the ticket or, in the case of an electronic ticket, in the sequence of electronic coupon, starting from the place of departure. The ticket will not be valid and carrier shall not honour the ticket if the first flight coupon, or, in the case of electronic ticket, an electronic coupon has not been used and the passenger commences his/her journey at any stopover or previously agreed stopping place.
Each flight coupon, or, in the case of electronic ticket, an electronic coupon, will be honoured for carriage in the class of service specified therein, on the date and flight in accordance with reservation. When a flight coupon, or, in the case of electronic ticket, an electronic coupon, is issued without reservation being specified thereon (open), a seat shall be reserved on request provided that availability of seats within the applied fare permits to do so.
3.4.
NAME AND ADDRESS OF CARRIER
Carrier’s name may be abbreviated in the ticket to carrier’s airlines designator code, or otherwise. Carrier’s address shall be deemed to be the airport of departure shown in the ticket opposite the first abbreviation of carrier’s name in the “Carrier” box on the ticket, or, in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt.
ARTICLE 4
BREAKS OF JOURNEY (STOPOVERS)
Breaks of journey (stopovers) on route determined in the ticket are permitted at agreed places according to the conditions of tariff applied, relevant government regulations and carrier’s regulations.
ARTICLE 5
FARES AND CHARGES
5.1.
GENERAL PROVISION
Fare encompasses the charge for air carriage from the airport at the place of commencing the journey to the airport of destination, unless otherwise agreed.
Fares do not include costs of ground transport between airports and between airports and town terminals.
5.2.
APPLICATION OF FARES
Fares applicable in air transport are those published by or on behalf of carrier in the usual manner or, if not so published, fares calculated in accordance with carrier’s regulations. Unless otherwise provided in government or carrier’s regulations, the applicable fare is the fare in effect on the day of issuing the ticket fixed for the day of commencement of the journey on the first flight segment (date shown in the ticket), or in the case of an electronic ticket, as indicated in the first electronic coupon. Change of routing or of the date of journey may influence the change of the paid fare.
Some reduced fares may be only partially or completely non-refundable, therefore they should be chosen so that conditions of the fare satisfy the passenger’s requirements.
If the collected charge does not reflect the applicable fare, the difference shall be paid by the passenger or refunded to the passenger by carrier in accordance with carrier’s regulations.
5.3.
ROUTING
Unless otherwise provided in carrier’s regulations, fares apply only to current routing encompassed by the fare. If the given fare allows more than one routing, the passenger may specify the routing prior to issuing the ticket and if he/she fails to do so, the routing shall be determined by carrier.
5.4.
TAXES AND CHARGES
Any taxes or charges which may be imposed by a government or other authority or by the administration of an airport shall be payable by the passenger upon purchase of a ticket in addition to the fares or charges due to the carrier.
In case of changing the conditions of the contract of carriage (e.g., change of carrier, routing or date of carriage) at the request of or by the fault of a passenger, taxes and charges in force at time of passenger’s journey shall be calculated and collected.
At some airports, the national government or the administration of the airport may charge from the passenger additional administrative fees, payable only directly to them.
5.5.
CURRENCY
Fares and additional charges due to the carrier are payable in any currency acceptable to carrier. When payment is made in a currency other than the currency in which the fare is published, the amount to be paid shall be calculated at the rate of exchange established in accordance with carrier’s regulations.
5.6.
ENTITLEMENT TO REFUSE TO SELL TICKET
Carrier, its agents and representatives may refuse to sell a ticket to the passenger who is in delay with the payment for any ticket previously purchased until the overdue payment is settled.
ARTICLE 6
RESERVATIONS
6.1.
RESERVATION REQUIREMENTS
6.1.1. Reservation of seats for the flight is deemed to be unconfirmed until the reservation is confirmed as accepted by carrier or its authorised agent.
6.1.2. Carrier’s regulations and certain fare conditions may limit or exclude the passenger’s right to change reservation. Cancellation or change of reservation may give rise to costs to be covered by the passenger.
6.2.
CANCELLATION OF RESERVATION AFTER THE TICKETING TIME LIMIT
Carrier may cancel the reservation of a passenger who has not paid for the ticket or who has not completed credit arrangements with carrier prior to the specified ticketing time limit.
6.3.
PERSONAL DATA
The passenger is obliged to provide carrier with his/her personal data necessary for making a reservation for carriage, issuing ticket, delivering the carriage contract, for obtaining ancillary services and for facilitating immigration and entry requirements. The provision of personal data is voluntary.
Carrier processes passengers’ personal data mentioned above and transmits it to relevant government authorities and/or other foreign recipients (including, e.g., authorities which prevent and combat acts of terrorism along with other international crimes), authorised agents, other carriers and other entities for pursuing the purposes specified above or other legally justified aims accomplished by administrators or data recipients.
Passengers are entitled to unrestricted access to their personal data as well as its amendment.
6.4.
SEATING
If possible, carrier will try to honour advanced seating requests of passengers, but reserves the right, even after the reservation has been confirmed, to change the seating in the aircraft and the passenger agrees to accept any seat that may be allotted on the flight in the class of service for which the ticket has been issued.
6.5.
CHARGE FOR UNUSED SEAT
A special charge in accordance with carrier’s regulations may be payable by a passenger who fails to use the seat in the aircraft for which the reservation has been made.
6.6.
RECONFIRMATION OF THE DATE OF TRAVEL
Onward or return reservations may be subject to the requirement to reconfirm the date of travel for all or some flights operated by LOT Polish Airlines. Failure to comply with any such requirement may result in cancellation of the reservation. Details concerning the reconfirmation of the date of travel shall be made publicly available, in particular through the website of LOT Polish Airlines.
6.7.
CANCELLATION OF RESERVATION MADE BY CARRIER
If the passenger does not use the seat reserved for him/her, carrier is entitled to cancel reservations made by carrier for further flight segments.
ARTICLE 7
CHECK-IN
The passenger shall arrive at carrier’s check-in and boarding gate sufficiently in advance of flight departure to permit completion of any formalities required by government authorities and departures procedures and in any event not later than carrier’s minimum check-in time for the flight. If the passenger appears improperly documented and not ready to travel or fails to arrive at check-in or boarding gate in time fixed by carrier, carrier may cancel the seat reservation for the passenger and is not obliged to delay the flight due to awaiting the passenger.
Carrier is not liable to the passenger for loss or expenses due to passenger’s failure to comply with the provisions of this Article.
If a passenger, after a check-in, has not presented himself/herself at the entrance of the aircraft, and for this reason the flight is delayed because of the necessity of unshipping the checked baggage, the passenger is bound to bear the expenses connected to it.
ARTICLE 8
REFUSAL, LIMITATION AND SPECIAL CONDITIONS OF CARRIAGE
8.1.
REFUSAL OF CARRIAGE
Carrier may refuse carriage of any passenger or his/her baggage, if, in the exercise of its discretions, carrier determines that:
- such action is necessary for safety reasons; or
- such action is necessary in order to prevent infringement of any applicable laws, regulations or orders of any country to be flown from, into or over; or
- notwithstanding paragraph 8.2. of this Article, the conduct, age, mental or physical state of the passenger is such as to:
- require special assistance of carrier; or
- obviously offend morality, in a manner which causes discomfort or makes himself or herself objectionable to other passengers; or
- involve any hazard or risk to himself or herself or to other passengers or to property; or
- such action is necessary due to passenger’s failure to observe the instructions/orders of carrier, especially those concerning the safety and order on the board; or
- the passenger has refused to submit to a security check carried out by the airport security personnel supervising security of flights; or
- the applicable fare or any charges or taxes payable have not been paid or credit arrangements between carrier and the passenger (or the person paying for the ticket) have not been completed; or
- the passenger does not appear to be properly documented or refuses carrier’s request to produce appropriate documentation as referred to in paragraph 14.2. of Article 14; or
- there are reasonable grounds to believe that the passenger may seek to enter a country where he/she is in transit; or
- the passenger destroys his or her documentation or refuses to surrender, against receipt, his/her travel documents, to be held by carrier during the journey in the case relevant government authorities require to do so; or
- the passenger has been refused entry into the country to be flown from, into or over; or
- the ticket presented by the passenger:
- has been acquired unlawfully or has been purchased from any entity other than the issuing carrier or its authorised agent; or
- has been reported as being lost or stolen; or
- is a counterfeit ticket; or
- contains a flight or electronic coupon which has been altered by anyone other than carrier or its authorised agent, or a coupon has been mutilated; or
- the person presenting the ticket cannot prove that he/she is the person named in the „Passenger name” box of the ticket; or
- the passenger has committed misconduct violating applicable laws, in particular regulations on air security or obviously offending morality on a previous flight segment, and carrier has reasonable grounds to believe that such misconduct, due to the passenger’s state, may be repeated during the remaining segments of the flight.
Carrier reserves the right to retain a ticket in cases mentioned in paragraphs k) and l) of this Article and in other cases specified in appropriate regulations.
8.2.
SPECIAL FACILITIES FOR CARRIAGE
Carrier will endeavour to facilitate the carriage of ill or incapacitated persons, unaccompanied children or pregnant women. Acceptance for carriage of unaccompanied children, ill or incapacitated persons or pregnant women may be subject to prior arrangement for such carriage to be made with carrier in accordance with binding regulations.
ARTICLE 9
BAGGAGE
9.1.
ITEMS UNACCEPTABLE IN BAGGAGE
9.1.1. The passenger may not place in his/her baggage items that do not satisfy requirements of the definition set out in paragraph 1.2. of Article 1, and, moreover:
- items which are likely to endanger the aircraft or persons or property on board the aircraft specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and International Air Transport Association (IATA) and government or carrier’s regulations (further information is available from carrier on request);
- items the carriage of which is prohibited by applicable laws of any country to be flown from, to or over;
- items which, in the opinion of carrier, are unsuitable for carriage due to their weight, shape, size or character (such as fragile or perishable items) or for operational or security reasons;
- live animals, except as provided for in paragraph 9.9. of this Article („Animals”);
- rectified spirit;
- other alcohol beside originally sealed packages.
9.1.2. Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage in passenger baggage. Firearms and/or ammunition for hunting and sporting purposes may be accepted for carriage only as checked passenger baggage after presenting it to carrier and in accordance with carrier’s regulations. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA Dangerous Goods Regulations as well as relevant government regulations.
9.1.3. Weapons such as swords, knives, antique firearms, replica firearms, may be accepted for carriage as checked baggage, in accordance with carrier’s regulations. Carriage of such items in the passenger cabin is forbidden.
9.1.4. The passenger is not allowed to include fragile or perishable items, money, jewellery, precious metals, computers, cameras, mobile telephones and other personal electronic devices, gold-work or silverware, promissory notes, securities or other valuables, business documents, commercial samples, passports or other identification documents, optical devices, medications or keys in checked baggage. These items should be carried in unchecked baggage in the custody of the passenger. Carriage of such items despite the above mentioned prohibition shall be carried out at the sole risk and liability of passenger.
9.1.5. If any items referred to in paragraphs 9.1.1., 9.1.2., 9.1.3. or 9.1.4. of this Article are carried as baggage, whether or not they are prohibited from carriage, the carriage thereof shall be subject to charges. Moreover, carriage of such items will be subject to relevant preclusions from and limitations of liability and other provisions of these general conditions applicable to the carriage of baggage. Items which carrier may deem to be dangerous may be taken away from the passenger and transported under carrier’s own custody.
9.1.6. Carrier, in its regulations, may indicate items which cannot be carried as passenger’s baggage.
9.2.
RIGHT TO REFUSE CARRIAGE
9.2.1. Carrier may refuse carriage as baggage of any of the items set forth in paragraph 9.1. of this Article and may refuse further carriage of such item on discovery thereof in the baggage.
9.2.2. Unless advance arrangements have been made with carrier, carrier may carry baggage in excess of the applicable free allowance on later flights.
9.2.3. Carrier may refuse to accept baggage as checked baggage, unless it is properly packed, to ensure safe carriage with ordinary care in handling.
9.3.1. ENTITLEMENT TO CONTROL BAGGAGE
For reasons of safety and security, carrier may inquire the passenger about carried items, or – upon passenger’s consent or, in his/her absence and inability to obtain such consent within reasonable time, without passenger’s consent – check whether he/she is in possession of or carries any of the items set forth in paragraph 9.1.1. of this Article or any weapons or ammunition which has not been presented to carrier in accordance with paragraph 9.1.2.
If the passenger refuses to answer or to agree for searching his/her baggage, carrier may refuse to carry the passenger and/or his/her baggage.
9.3.2. REGISTRATION OF BAGGAGE
The passenger may register his/her baggage exclusively to the place of passenger’s destination, according to the routing presented in the ticket (on a given flight segment or segments).
Passenger is not allowed to break his/her journey at any transit or transfer point if his/her baggage was registered to a different, further destination, and carrier is not able to find and release passenger’s complete baggage without delaying the aircraft’s departure. If the passenger insists to break his/her journey anyway, he/she will be obliged to cover all costs arising from finding the baggage and delaying the flight.
9.4.
CARRIAGE OF CHECKED BAGGAGE
9.4.1. Upon delivery of baggage to be checked to carrier, carrier takes custody thereof and issues a baggage identification tag for each piece of checked baggage.
9.4.2. If baggage is not identified by a name, initials or other personal identification mark, the passenger shall affix such identification to the baggage prior to acceptance.
9.4.3. Except where the paragraph 9.2.2. specifies otherwise, checked baggage will be carried on the same flight as the passenger unless carrier decides that this is unfeasible due to insufficient capacity or overloading of the aircraft, in which case carrier shall carry the checked baggage on carrier’s next flight on which space is available.
9.4.4. If the baggage value exceeds the liability limit defined in Convention, the passenger is obliged to inform carrier about it not later than at check-in in order to provide a written declaration of value for checked baggage in accordance with paragraph 9.4.5. or to insure baggage up to the amount declared.
9.4.5. If carrier accepts checked baggage with a written declaration of value for checked baggage, which exceeds the liability limit defined in Convention, submitted by the passenger, the passenger is obliged to pay additional charge specified in the tariff.
9.4.6. Carrier may refuse to accept an excess value declaration on baggage when a portion of the carriage is to be provided by another carrier that does not offer the facility.
9.5.
FREE BAGGAGE ALLOWANCE
The passenger may carry free of charge baggage pursuant to the conditions and limitations set forth in carrier’s regulations. The passenger may obtain all applicable information from carrier.
9.6.
EXCESS BAGGAGE
The passenger shall pay a charge for the carriage of baggage in excess of the free baggage allowance at the rate and in the manner provided in carrier’s regulations.
9.7.
CARRIAGE OF UNCHECKED BAGGAGE
9.7.1. Unchecked baggage carried by the passenger on the aircraft must fit under the seat in front of passenger or in the enclosed storage compartment in the passenger cabin. Any items determined by carrier to be of excessive weight and/or size shall not be permitted to be carried in the passenger cabin. Acceptable size and weight of unchecked baggage are defined in carrier’s regulations.
9.7.2. Items carried as unchecked baggage, such as: a book, a coat, a small size lady’s handbag, a walking stick or an umbrella, a collapsible wheelchair or a collapsible pram, and other, defined in carrier’s regulations and necessary for the passenger during his/her journey are not included in the unchecked baggage allowance. Carrier may allow carriage of other items as part of unchecked baggage (e.g. laptop).
9.7.3. If there is not enough space in the passenger cabin, carrier may, irrespective of size and weight of unchecked baggage allowed in carrier’s regulations, demand handing over the baggage to be carried in the cargo compartment as checked baggage. In such case, the passenger shall have absolutely to take out of the baggage all items specified in paragraph 9.1.4. of this Article.
9.7.4. Items not suitable for transport in the cargo compartment, such as delicate musical instruments and the like, will only be accepted in the cabin compartment if due notice has been given in advance and permission granted by carrier. An additional charge may have to be paid for the transport of such items.
9.8.
COLLECTION OF BAGGAGE
9.8.1. The passenger should collect his/her baggage as soon as it is available for collection where it was registered to according to passenger’s routing.
Should the passenger not collect his/her baggage within a reasonable time, carrier may dispose of it within the time limits and under the conditions provided in relevant provisions of law.
9.8.2. Only the bearer of passenger ticket and identification tag delivered to the passenger at the time of the baggage check-in is entitled to collect the baggage. Failure to present the baggage identification tag shall not prevent release of the baggage provided that the passenger ticket is produced and the baggage can be identified by other means.
9.8.3. If the person collecting the baggage is unable to produce the passenger ticket and identify the baggage by means of a baggage identification tag, carrier will release the baggage to such person only on condition that he/she proves his/her right thereto in a manner acceptable to carrier and on carrier’s demand shall furnish adequate security to indemnify carrier against any loss or expense which might be incurred by carrier as a result of such release.
9.8.4. Acceptance of baggage by the bearer of the passenger ticket without complaint at the time of delivery is deemed (is prima facie evidence) that the baggage was released in good condition and in accordance with the contract of carriage. If the passenger decides to file complaint later within time limits specified in the Article 17, he/she has to prove that the damage occurred during carriage.
9.9.
ANIMALS
9.9.1. Cats and dogs only may be accepted for carriage as checked baggage. These animals are not included in the free baggage allowance, but are treated as an excess baggage, for which the passenger pays the charge according to the tariff in force, and they have to be put in proper containers, provided with food and accompanied by valid health and vaccination certificates, entry permits and other documents required by countries of entry or transit. Small cats and dogs may be carried in the passenger cabin upon prior carrier’s notification and consent.
9.9.2. If accepted for carriage as passenger checked baggage, the pet together with its container and food shall not be included in the free baggage allowance but constitutes an excess baggage payable by the passenger at the applicable rate.
Small pets may be carried in the passenger cabin upon prior carrier’s notification and consent as well as payment of additional charge.
9.9.3. Guide dogs accompanying sight/hearing impaired passengers will be carried free of charge, subject to carrier’s regulations.
9.9.4. Carrier shall not be liable for injury to or loss, delay in release, sickness or death of any animal in the event that it is refused entry into any country of destination or transit.
ARTICLE 10
IRREGULARITIES IN CARRIAGE
10.1.
Carrier undertakes to use its best efforts to carry the passenger and his or her baggage in accordance with its published schedule in effect on the date of travel. If it is necessary, carrier may change the schedule of flights, but is obliged to notify all passengers that have already bought tickets for rescheduled flights, which does not prejudice the right of these passengers to claim compensation in the event of denied boarding and of cancellation or long delay of flights on the basis of the rules specified in the Regulation (EC) No 261/2004 of the European Parliament and of the Council.
10.2.
In the event of denied boarding and of cancellation or long delay of flights, passengers are entitled to rights provided for in the Regulation (EC) No 261/2004 of the European Parliament and of the Council, in accordance with the rules and to the extent set forth by this Regulation.
ARTICLE 11
REFUNDS
11.1.
GENERAL PROVISIONS
On failure by carrier to provide carriage in accordance with the contract of carriage or on a refusal by carrier to provide carriage pursuant to Article 8 and relevant provisions of Article 10, or where a passenger requests a voluntary change of his/her arrangements, a refund for an unused ticket or portion thereof shall be made by carrier in accordance with the rules set out in this Article and with carrier’s relevant regulations.
11.2.
PERSON ENTITLED TO REFUND
11.2.1. Except as hereinafter provided in this paragraph, carrier shall make a refund either to the person named in the ticket or to the person who paid for the ticket upon presentation of satisfactory proof of payment.
11.2.2. The passenger named in the ticket and who paid for the ticket can authorise another person to receive a refund for unused ticket or part thereof. If a ticket has been paid for by a person other than the passenger named in the ticket and carrier has indicated a restriction on refund in the ticket, carrier shall make a refund only to the person who paid for the ticket or to the authorised person.
11.2.3. Except in the case of lost tickets, refunds will only be made on return to carrier of all unused passenger coupons together with the passenger receipt and, as the case may be, a receipt of payment.
11.2.4. A refund made to anyone presenting the passenger receipt, unused flight coupons and, as the case may be, a receipt of payment, and claiming to be a person to whom refund should be made in terms of paragraphs 11.2.1. or 11.2.2. of this Article shall be deemed a proper refund. The refund made in accordance with this provision shall release carrier from further liability for refund.
11.3.
OBLIGATORY REFUNDS
If carrier:
- cancels a flight; or
- fails to operate a flight reasonably according to schedule; or
- fails to stop at a place to which the passenger is destined or ticketed to stopover; or
- is unable to provide the passenger with the previously confirmed seat; or
- causes the passenger to miss a connecting flight on which the passenger holds a confirmed reservation,
the amount of the refund will be:
- if no portion of the ticket has been used – the amount equal to the fare collected from the passenger (with no deductions);
- if a portion of the ticket has been used, the refund will be the higher of:
- the one way fare (less applied discounts) from the place of interruption to destination or place of next stopover; or
- the difference between the fare paid for the complete journey and the fare that would be payable for the transport used.
11.4.
REFUNDS ON PASSENGER’S REQUEST
If the passenger wishes a refund on his/her ticket for reasons other than those set out in paragraph 11.3 of this Article, and the applied tariff does not exclude the right to a refund, the amount of the refund shall be:
- if no portion of the ticket has been used – the amount equal to the fare collected from the passenger less, as the case may be, any fees resulting from conditions of the applied special fare and/or any applicable refund charges;
- if a portion of the ticket has been used and the fare conditions allow it, the refund will be the amount equal to the difference between the fare paid and the fare applied for journey made on the basis of the returned ticket, less, as the case may be, any cancellation fees resulting from conditions of a special fare and/or any applicable refund charges.
11.5.
REFUND ON LOST TICKET
If a ticket (or a portion thereof) is lost, refund will be made on proof of loss satisfactory to carrier and upon payment of any applicable service charge specified in carrier’s regulations on the condition:
- that the lost ticket or portion thereof has not been previously used or replaced (duplicate has not been issued) or refunded; and
- that the person to whom the refund is made undertakes in such form and with guarantees as may be prescribed by carrier, to repay carrier the amount refunded in the event the lost ticket or portion thereof was used by any person and in the part that refund thereof is made to the person in possession of the ticket.
11.6.
RIGHT TO REFUSE REFUND
11.6.1. Carrier may refuse a refund when application thereof is made later than one (1) year, counting from the day of expiry of the validity of the ticket, according to provisions of paragraph 3.2. of Article 3.
11.6.2. Carrier may refuse a refund unless the passenger or the person who has paid for the ticket provides satisfactory proof of payment to carrier.
11.6.3. Carrier may refuse a refund for a ticket which has been presented to carrier or to government officials as evidence of intention to depart therefrom, unless the passenger proves, to carrier’s satisfaction, that he/she is permitted to remain in the country or that he/she will depart therefrom by another carrier or another means of transport.
11.6.4. Carrier may refuse a refund for an unused ticket (coupons) if the ticket (coupons) has not been used for reasons set out in paragraph 12.1 of Article 12 and carrier decided to secure the value of the ticket (coupons) to settle claims for damages caused by the passenger to another passenger or carrier.
11.7.
CURRENCY
All refunds will be subject to laws and regulations of the country in which the ticket was originally sold and of the country in which the refund is being made. Subject to the foregoing provision, refunds will be made in the currency in which the ticket was paid for. In justified cases, where a refund in the currency in which the ticket was paid for is impossible or encounters serious difficulties beyond carrier’s control (e.g., because the refund for the ticket is made in a different country than the country of the ticket purchase), it may be provided in the currency of the country where the refund is made or other legally acceptable currency agreed between carrier and the person entitled to a refund.
11.8.
ENTITIES ENTITLED TO MAKE THE REFUND
Refunds on passenger’s demand shall be made only by carrier that originally issued the ticket or by its agent if so authorised.
ARTICLE 12
CONDUCT ABOARD AIRCRAFT
12.1.
If in the view of carrier the passenger’s conduct aboard the aircraft endangers the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any crew orders regarding restriction on or prohibition against smoking, drinking alcohol or drug consumption aboard the aircraft, or behaves in a manner to which other passengers may reasonably object, carrier must take such reasonable measures as it deems necessary to prevent continuation of such conduct, including means of constraint, removal of the passenger from the aircraft after landing and/or refusal of onward carriage or future carriage of the passenger.
In order to ensure the flight safety as well as safety and order aboard the aircraft, the aircraft commander shall be entitled to issue instructions to all persons aboard the aircraft and all persons aboard the aircraft have to comply with instructions of the commander.
Carrier reserves the right to claim damages from the passenger who caused damage to another passenger or carrier.
12.2.
Due to safety reasons, carrier may prohibit or restrict to operate aboard the aircraft devices such as: portable radios, computers/laptops, mobile telephones, electronic games, transmitting devices, radio controlled toys and walkie-talkies.
Hearing aids and heart pacemakers are permitted.
12.3.
Information on carrier’s requirements concerning safety and order aboard, as well as consequences of their infringement, will be made available to passengers when necessary. Due to safety reasons, carrier encourages passengers to wear seatbelts while seated during the flight. Moreover, in case of long-haul flights, carrier recommends making exercises according to instructions presented in onboard publications.
ARTICLE 13
ARRANGEMENTS FOR ADDITIONAL SERVICES
13.1.
If, entering into the contract of carriage, carrier itself or by third party undertakes to take up steps to ensure additional services, carrier shall be responsible to the passenger only to the extent of its negligence in performing such duties and its liability shall be limited by the provisions of Article 16 below.
13.2.
If carrier agrees to provide the passenger with ground transport, such transport may be subject to different conditions of carriage.
ARTICLE 14
ADMINISTRATIVE FORMALITIES
14.1.
GENERAL PROVISIONS
The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over and with carrier’s regulations and instructions.
Carrier, its employees, agents, representatives and proxies are not bound to provide any aid or information to any passenger or third parties regarding obtaining necessary documents (including visas) or complying with applicable regulations. They are not liable for consequences to any passenger resulting from his/her being given misleading information or failure to obtain necessary documents (including visas) or to comply with laws in force.
14.2.
TRAVEL DOCUMENTS
The passenger shall present all exit, entry, health or other documents required by laws and requirements of the relevant government agencies and in connection with thereof permit carrier to take and retain copies of these documents.
Carrier reserves the right to refuse carriage to any passenger who does not comply with applicable laws and regulations or whose documents do not appear to be in order, or who refuses carrier’s request to produce to it all such documents or to take and retain copies thereof.
14.3.
REFUSAL OF ENTRY
The passenger is obliged to pay the applicable fare and other travel related charges whenever carrier, due to passenger’s inadmissibility into a country, whether of transit or of destination, is commissioned to return passenger to the place of commencing the journey or elsewhere. Carrier may settle such payment with any amounts paid for unused carriage or other amounts owned by the passenger and being in possession of carrier. The tariff charge carrier collected for carriage to the place where the refusal of entry or deportation took place is not refundable by carrier.
14.4.
PASSENGER’S LIABILITY FOR FINES, PENALTIES AND EXPENDITURES
If carrier is required to pay or deposit any fine or other penalty, or to reimburse any expense incurred due to passenger’s failure to comply with laws, regulations, orders, demands or travel requirements of the country concerned, or to produce the required documents, the passenger shall on demand reimburse carrier with equivalent of deposit made, penalty paid or expenses so incurred. Carrier may use towards such expenditure any funds paid to carrier for unused carriage or any funds of passenger in the possession of carrier.
14.5.
CUSTOMS INSPECTION
If required, the passenger shall attend customs inspection of his/her baggage, checked and/or unchecked. Carrier is not liable to the passenger for any loss or damage suffered by the passenger during the customs inspection or due to the passenger’s failure to comply with this requirement.
14.6.
SECURITY INSPECTION
The passenger is obliged to submit to any security checks carried out by authorised airport or government officials or by carrier.
ARTICLE 15
SUCCESSIVE CARRIERS
15.1
For the purposes concerning the application of Convention, carriage to be performed by successive carriers under one ticket or under a conjunction ticket is regarded as a single operation.
15.2.
In the case of carriage which is subject to provisions of Convention and is mentioned in this Article, the passenger can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey. As regards baggage or cargo, the passenger may take action against the first carrier, the last carrier or the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger.
ARTICLE 16
LIABILITY FOR DAMAGE
16.1.
GENERAL PROVISIONS
16.1.1 These General Conditions of Carriage govern the carrier’s liability. If the carriage is performed by another carrier, the liability shall be governed by regulations of the carrier actually performing carriage.
16.1.2. Air carriage is subject to the principles and limitations of liability settled in Convention. Appropriate national laws apply to all matters not covered by Convention.
16.1.3. If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he/she derives his/her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. Burden of proof shall rest in such case with carrier. Carrier retains as well rights of recourses towards third parties.
16.1.4. Carrier is not liable for any damage arising from its compliance with any laws, regulations, orders or government requirements, or from failure of passenger to comply with it.
16.1.5. Carrier’s liability shall not exceed the amount of the proven damages. Carrier shall furthermore not be liable for moral, punitive, indirect or consequential damages and also for damages impossible to precisely define and compensate.
16.1.6. Carrier is liable only for damage occurring on its operated flight or for these flight segments where carrier’s airline designator code is inserted in the „carrier” box of the ticket. The passenger shall have a right to raise a claim against the contracting or actual carrier, which shall be examined in accordance with the valid agreement between carriers.
16.1.7. Any exclusions or limitation of liability of carrier shall also apply to agents, employees and representatives of carrier and any person whose aircraft is used by carrier and such person’s agents, employees and representatives. The aggregate amount recoverable from carrier and from such agents, employees, representatives and persons shall not exceed the amount of carrier’s limit of liability.
16.1.8. Carrier, issuing the ticket or checking baggage over another carrier’s lines does so only as agent of such carrier.
16.1.9. Unless so expressly provided, nothing contained herein shall evade any exclusion or limitation of liability of carrier or remedies available to carrier under Convention or applicable laws in force.
16.2.
CARRIER’S LIABILITY IN CASE OF PASSENGER’S DEATH OR BODILY INJURY
16.2.1. Carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
16.2.2. Carrier agrees with respect to its own services and in case of damages caused by passenger’s death or bodily injury:
- to waive the limit of liability of carrier under paragraph 1 of article 22 of the Warsaw Convention.
- not to employ the entitlement to exclude or limit carrier’s liability for any damages up to claim not in excess of SDR 100,000 (or its equivalent in other currency) for each passenger; carrier preserves, however, rights derived from paragraph 16.1.3 of this Article.
- to the extent that the damages arising exceed SDR 100,000 for each passenger, carrier is not liable for these damages if it proves that:
- such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or
- such damage was solely due to the negligence or other wrongful act or omission of a third party.
- to make such advance payment, as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered, to a person or persons entitled to compensation not later than within 15 days after the identity of the person entitled to compensation has been established. In case of death, an advance payment shall not be less than SDR 16,000 (or its equivalent in other currency) per each passenger. Such advance payments shall not constitute the recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier. Advance payments are not returnable unless it is proven at a later date that the person that has received the advance payment was not entitled to compensation or in the case defined in paragraph 16.1.3. of this Article.
16.2.3 If a passenger whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself is carried, carrier shall not be liable for any illness, injury or disability, including death, that may be attributable to such condition or for the aggravation of such condition.
16.3.
CARRIER’S LIABILITY FOR DAMAGE CAUSED BY DELAY
In respect of carriage governed by Convention, carrier shall not be liable for damage caused by delay of passenger’s carriage if it proves that it or its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures. Depending on which convention shall be applied to a given carriage, the liability of carrier for each passenger shall be limited either to SDR 4,150 or 250,000 Francs Poincare (or their equivalents in other currency).
16.4.
CARRIER’S LIABILITY FOR DAMAGE TO BAGGAGE
16.4.1. Carrier is liable for damage to unchecked baggage remaining under passenger’s custody and to passenger’s personal property exclusively in the case such damage is caused by carrier’ fault.
16.4.2. The liability of the carrier in the case of destruction, loss, damage to or delay of the checked baggage shall be limited to, depending on which convention shall be applied to a given carriage, either SDR 1000 per passenger or 250 Francs Poincare per kilogram of the checked baggage and 5,000 Francs Poincare per passenger for the unchecked baggage, except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result. If the weight of the baggage is not recorded on the baggage identification tag, it is presumed that the total weight of the checked baggage does not exceed the applicable free baggage allowance for the class of service concerned.
16.4.3 The limitations of liability mentioned in the paragraph 16.4.2. above are maximum limits, which means that within these limits the passenger must prove in particular that the damage took place and the amount of damage suffered. If the passenger fails to reliably prove the extent of damage suffered, carrier is entitled to grant compensation on the basis of its professional experience.
16.4.4. The limitations of liability mentioned in the paragraph 16.4.2. are not applicable in the case when the passenger has declared a higher value of checked baggage pursuant to paragraph 9.4.4. of Article 9 of these General Conditions of Carriage. In such case, carrier’s liability shall be limited to such higher declared value unless it proves that such sum is greater than the actual damage suffered by the passenger.
16.4.5. Carrier is not liable if and to the extent that the damage resulted from the inherent feature, quality or vice of the baggage. Any passenger whose property causes damage to another person or damage to another person’s property or the property of carrier shall indemnify carrier for all losses and expenses incurred by carrier as a result thereof.
16.4.6. Carrier is not liable for damage to items which may not be carried in baggage and are described in Article 9, and especially in paragraph 9.1.4.
ARTICLE 17
TIME LIMITATION ON CLAIMS AND ACTIONS
17.1.
NOTICE OF CLAIMS
No claims shall be raised in the case of damage to baggage unless the person entitled to delivery complains to carrier forthwith after the discovery of the damage, and, at the latest, within 7 days from the date of receipt of the checked baggage and in the case of delay unless the complaint is made at the latest within 21 days from the date when the baggage was placed at his/her disposal.
Every complaint must be made in writing and dispatched to carrier within the times aforesaid.
17.2.
TIME LIMITATION OF BRINGING ACTIONS
The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or form the date on which the carriage stopped. The method of calculating that period shall be determined by the law of the court seised of the case.
ARTICLE 18
MODIFICATIONS AND WAIVER
No agents, employees or representatives of carrier have authority to alter, modify or evade any provision of these General Conditions of Carriage.
ARTICLE 19
ADDITIONAL INFORMATION
Additional information concerning conditions of carriage of LOT Polish Airlines is available on the carrier’s website.
