General conditions of carriage

issued pursuant to the art. 205 sec. 2a of the Act of 3 July 2002 Aviation Law.(Journal of Laws 02.130.1112)


 

 

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, with confirmation in form of “Electronic Ticket Passenger Itinerary Receipt”.

 

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 Warsaw Convention.

 

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.

 

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 issued by or on behalf of the carrier, that 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 the carrier on its website (www.lot.com) or other conditions that are made available before a carriage agreement is signed, that are valid for the duration of passenger's journey, governing the carriage of passengers and/or baggage as well as the carrier's tariff.

 

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 in Warsaw (00-906) , ul. 17 Stycznia 39  (hereinafter referred to also PLL LOT SA) 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 solely for identification of checked baggage by or on behalf of the carrier whose baggage identification tag is attached to the checked baggage, and the baggage identifying part is handed out to a passenger.

 

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 applicable provisions 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 – within the meaning of the convention and these conditions, 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 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 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. If in consequence any provision of General Conditions of Carriage may not apply, the other provisions shall become applicable.

 

2.3. CHARTERS

If carriage is performed pursuant to a charter agreement, these General Conditions of Carriage apply respectivelyy only if the charter agreement or the ticket does not determine otherwise.

 

2.5.CODE SHARE FLIGHTS

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. In such case the provisions of the carrier that actually provides the carriage may also be applicable. 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. GENERAL CONDITIONS OF CARRIAGE VS. THE CARRIER'S OTHER REGULATIONS

In the event of inconsistency between these General Conditions of Carriage and the fare tariffs or other carrier's regulations available at the carrier’s website www.lot.com or delivered to a passenger before entering into a passenger or carriage agreement, such fare tariffs and provisions shall prevail.

 

ARTICLE 3

 

TICKET

 

3.1. TICKET

The ticket constitutes prima facie evidence of entering into contract of carriage between carrier and the passenger named in the ticket.

 

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. Moreover, 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 - 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 for which relevant provisions of law apply.

 

3.2. PERIOD OF VALIDITY

Except as otherwise provided in the ticket or the General Conditions of Carriage, 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 the carrier:

-cancels the flight for which the passenger holds a confirmed reservation,

- omits a scheduled stop, being passenger's place of departure, place of destination or a stopover,

- fails to operate a flight reasonably according to schedule,

- causes the passenger to miss a connection,

- 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, the carrier is unable to provide seat on the flight, the validity of such passenger's ticket shall be extended in accordance with the applicable fares paid by the passenger or, 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 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 validity of 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

The carrier’s tariffs require that a strict ticket sequence is observed. If carriage on a previous leg of the journey is not used or not used in the sequence anticipated on the ticket, the fare charged for that flight will be the fare for actual route applicable at the point of original booking. If this fare is higher than the fare for the route indicated on your ticket, a further carriage shall be conditional on you subsequently paying the difference in the prices.

 

3.4. NAME AND ADDRESS OF CARRIER

The Carrier's name may be abbreviated in the ticket to carrier's airlines designator code, or otherwise. The Carrier's address shall be deemed to be the airport of departure shown in the ticket next to 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, or relevant government regulations.

 

 

ARTICLE 5

 

FARES AND CHARGES

 

5.1. GENERAL PROVISIONS

The 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

The fares applicable in air transport are those published by or on behalf of the carrier in the usual manner or, if not so published, fares calculated in accordance with carrier's regulations. Unless otherwise provided in government 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. A 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 the conditions of applied fare.

 

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, applicable taxes and charges shall be calculated and collected. At some airports, the national government or the administration of the airport may charge additional administrative fees from the passenger, payable only directly to them and independent from the carrier. If a passenger does not use a ticket or uses it partially only, such fees and taxes shall be refunded to him.

An administrative fee for issuance or a change of a ticket may be added to a ticket. A passenger is informed about it before entering into air carriage agreement and such fee is not refundable.  

5.5. CURRENCY

Unless respective legal provisions do not provide otherwise, fares and additional charges due to the carrier are payable in any currency acceptable by the 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 banking rate of exchange in force on the date of ticket issuance.

 

 

ARTICLE 6

 

RESERVATIONS

 

6.1. RESERVATION REQUIREMENTS

 

6.1.1.

Passenger’s reservation is confirmed if there is a number, date and time of a flight and “OK” information in the respective box of a ticket, and in case of an electronic ticket – the information that a reservation have been registered and confirmed.

 

6.1.2.

Certain fare conditions may limit or exclude the passenger's right to change reservation. Detailed conditions are defined in the provisions of individual fares.

 

6.2. CANCELLATION OF RESERVATION AFTER THE TICKETING TIME LIMIT

The carrier may cancel the reservation of a passenger who has not paid for the ticket or who has not completed credit arrangements with the carrier prior to the specified ticketing time limit.

 

6.3. PERSONAL DATA

Within the scope defined in the applicable legal provisions, a passenger is obliged to provide carrier with his/her personal data necessary for making a reservation for carriage, issuing ticket, delivering the carriage contract, in possible complaint proceeding, for obtaining ancillary services and for facilitating immigration and entry requirements. The carrier shall process the personal data mentioned above and transmit 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.

Privacy provisions are available at www.lot.com.

 

6.4. SEATING

If possible, the 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 class of service for which the ticket has been issued.

 

6.7. CANCELLATION OF FURTHER RESERVATION

If the passenger fails to inform the carrier before a commencement of a trip on change of planes and does not use the seat reserved for him/her, and the fare tariff applied for a ticket does not allow such changes, the 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 the carrier, the carrier may cancel the seat reservation for the passenger and is not obliged to delay the flight due to awaiting the passenger. The 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

The carrier may refuse carriage of any passenger or his/her baggage, if, in the exercise of its discretions, carrier determines that:

a) such action is necessary for safety reasons;

b) 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

c) 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 the carrier;

- 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,

d)  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,  

e) a passenger has refused to submit to a security check carried out by the airport security personnel supervising security of flights,

f) the applicable fares 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,

g) a passenger does not appear to be properly documented or refuses the carrier's request to produce appropriate documentation as referred to in paragraph 14.2. of Article 14,

h) there are reasonable grounds to believe that the passenger may seek to enter a country where he/she is in transit,

i) the passenger destroys his or her documentation or refuses to surrender, against receipt, his/her travel documents, to be held by the carrier during the journey in the case relevant government authorities require to do so,

j) the passenger has been refused entry into the country to be flown from, into or over,

k) 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,

- has been reported as being lost or stolen,

- is a counterfeit ticket,

- it 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,

- the person presenting the ticket cannot prove that he/she is the person named in the „Passenger name" box of the ticket,

-  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.

The 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

The 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. The detailed principles of carriage of such persons referred to in the preceding sentences may be found on the carrier’s website: www.lot.com.

 

 

ARTICLE 9

 

BAGGAGE

 

9.1. ITEMS UNACCEPTABLE IN BAGGAGE

 

9.1.1.

The passenger may not place in his/her baggage:

a) 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 respective provisions (further information is available from carrier on request);

b) items the carriage of which is prohibited by applicable laws of any country to be flown from, to or over;

c) 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;

d) live animals, except as provided for in paragraph 9.9. of this Article („Animals");

e) rectified spirit;

f) 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 the carrier. 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, after the conditions of carriage are arranged with the carrier. 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.

 

9.2. RIGHT TO REFUSE CARRIAGE

 

9.2.1.

The 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 the carrier, the 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, the carrier may ask the passenger for his-her consent for a inspection or control of baggage by means of X-rays or for another type of baggage inspection. In the passenger’s absence the passenger may inspect or control the passenger’s baggage to check whether there are any items set forth in paragraph 9.1.1. of this Article or any weapons or ammunition which has been hidden from the carrier. If the passenger refuses to agree for inspection or control referred to earlier in this clause, the carrier may refuse to carry the passenger and/or his/her baggage. The carrier shall not be held liable for damage to the baggage or its contents in result of such inspection or control.

 

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). The 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 the carrier is not able - without delaying the aircraft's departure - to find passenger's complete baggage and hand it to the passenger who asked to leave an aircraft at a transit point. 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 the carrier, the carrier takes custody thereof and issues a baggage identification tag for each piece of checked baggage and hands out a control coupon from that identification tag to the passenger.

 

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 the carrier decides that this is unfeasible due to insufficient capacity or overloading of the aircraft, in which case the 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 the Convention, the passenger is obliged to inform the 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 the carrier accepts checked baggage with a written declaration of value for checked baggage, which exceeds the liability limit defined in the Convention, submitted by the passenger, the passenger is obliged to pay additional charge specified in the tariff.

 

9.4.6.

The 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 the carrier's regulations. The passenger may obtain all applicable information from the 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 the carrier's regulations. Respective information is available at www.lot.com.

 

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 be carried pertaining to the principles referring to checked baggage. Acceptable size and weight of unchecked baggage are defined by the carrier and published at www.lot.com .

 

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 that are necessary for the passenger during his/her journey are not included in the unchecked baggage allowance. The 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, the carrier may, irrespective of size and weight of unchecked baggage allowed in the 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 be accepted in the cabin compartment only after a prior arrangement with the carrier. The carrier may demand a specific charge 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, the carrier may dispose of it within the time limits and under the conditions provided in relevant provisions of law, in particular the provisions of the Civil Code.

 

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, the carrier will release the baggage to such person only on condition that he/she proves his/her right thereto and on the carrier's demand he/she shall furnish adequate security to indemnify the carrier against any loss or expense which might be incurred by the 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.

Carriage of dogs, cats and other pets requires a prior consent of the carrier. Such animals should be put in proper containers, provided with food and accompanied by valid health and vaccination certificates, entry permits and other documents required by authorities of the countries of entry or transit.

 

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 only as well as payment of additional charge.

 

9.9.3.

Guide dogs accompanying sight/hearing impaired passengers, assisting or therapy dogs  will be carried free of charge, subject to carrier's regulations. Detailed information is available at www.lot.com.

 

9.9.4.

The carrier shall be held liable for carriage of animals pertaining to the principles of the Convention and referring to carriage of baggage and property. Besides the liabilities referred to in the preceding sentence, the carrier shall not be liable for injury to or loss, delay in release, sickness or death of any animal unless it takes place due to the Carrier’s fault.

 

 

ARTICLE 10

 

IRREGULARITIES IN CARRIAGE

 

10.1.

The 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. The schedule of flights may be changed, but the carrier is obliged to notify individually each passenger who has already bought tickets for rescheduled flights and who is affected by such change in the schedule.

 

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 the carrier to provide carriage in accordance with the contract of carriage or on a refusal by the 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 the carrier in accordance with the rules set out in this Article and taking account of the conditions of the fare tariff of a ticket.

 

11.2. PERSON ENTITLED TO REFUND

 

11.2.1.

Except as hereinafter provided in this paragraph, the 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 made to the carrier.

 

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 the carrier has indicated a restriction on refund in the ticket, the 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 the 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, 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 the 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:

a) if no portion of the ticket has been used – the amount equal to the fare collected from the passenger (with no deductions);

b) 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:

a) 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 or any applicable refund charges;

b) 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 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 of a ticker and upon payment of the fee for duplicate tickets, about the amount of which the passenger may ask in the carrier’s points of sales and on the condition that:

a)  the lost ticket or portion thereof has not been previously used or replaced (duplicate has not been issued) or refunded; and

b)  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.

The 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.

The carrier may refuse a refund unless the passenger or the person who has paid for the ticket provides satisfactory proof of payment to the carrier.

 

11.6.3.

The carrier may refuse a refund for a ticket which has been presented to the carrier or to government officials as evidence of intention to depart therefrom, unless the passenger proves 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.

The 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 the carrier decided to secure the value of the ticket (coupons) to settle claims for damages caused by the passenger to another passenger or the 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. In principle, 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 the 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 the 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 the 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 the carrier, 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 a passenger 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, the 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 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. The carrier reserves the right to claim damages from the passenger who caused damage to another passenger or carrier.

 

12.2.

Due to safety reasons, the 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 the 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, the carrier encourages passengers to have fastened seatbelts while seated during the flight. Moreover, in case of long-haul flights, the 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, the carrier orders an additional service from a third party, it acts as an agent in the respective scope. In such case the contractual conditions of such service provider shall be applicable.

 

13.2.

If the 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 the carrier's instructions.

The 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 the carrier to take and retain copies of these documents. The 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 the 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 the carrier, due to passenger's inadmissibility into a country, whether of transit or of destination, is commissioned by government authorities to return passenger to the place of commencing the journey or elsewhere. The 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 the 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 the carrier with an equivalent of deposit made, penalty paid or expenses so incurred. The carrier may use towards such expenditure any funds paid to the carrier for unused carriage or any funds of passenger in the possession of the carrier.

 

14.5. CUSTOMS INSPECTION

If required, the passenger shall attend customs inspection of his/her baggage, checked and/or unchecked. The 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 agents or by the carrier.

 

 

ARTICLE 15

 

SUCCESSIVE CARRIERS

 

15.1

For the purposes concerning the application of the Convention, carriage to be performed by two or more 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 the 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 may be governed by regulations of the carrier actually performing carriage.

 

16.1.2.

Air carriage is subject to the principles of the Convention that limits carrier’s liability. Appropriate national laws apply to such liability not covered by the Convention.

 

16.1.3.

The Carrier shall not be held liable in relation to the claimant or a person who derives his/her rights whole or partially to the extent that negligence or wrongful act or omission caused or contributed to the damage. Burden of proof shall rest in such case with the carrier. The carrier retains as well rights of recourses towards third parties.

16.1.4.

The carrier is not liable for any damage arising from its acts in compliance with any laws, regulations, orders or government requirements, or from failure of passenger to comply with it.

 

16.1.5.

The carrier's liability shall not exceed the amount of the proven damages and shall be subject to the restrictions resulting from respective legal provisions, in particular the Convention.

16.1.6.

The Carrier is liable only for damage occurring on its operated flight or for these flight segments where the 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 the carrier’s liability shall also apply to agents, employees and representatives of carrier and any person whose aircraft is used by the carrier and such person's agents, employees and representatives. The aggregate amount recoverable from the carrier and from such agents, employees, representatives and persons shall not exceed the amount of the carrier's limit of liability.

 

16.1.8.

Issuing the ticket or checking baggage over another carrier's lines, the Carrier 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 the carrier under the Convention or applicable laws in force.

 

16.2. CARRIER'S LIABILITY IN CASE OF DEATH OR BODILY INJURY

 

16.2.1.

The 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.

The carrier agrees with respect to damages caused by passenger's death or bodily injury:

a)to waive the limit of liability of carrier under paragraph 1 of article 22 of the Warsaw Convention.

b)not to exclude or limit carrier's liability for any damages up to claim not in excess of SDR 113 100 (or its equivalent in other currency) for each passenger; the carrier preserves, however, rights derived from paragraph 16.1.3 of this Article.

c) to the extent that the damages arising exceed SDR 113 100 for each passenger, the 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

d)to make such advance payment for compensation, 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, the 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 OF CARRIAGE OF PASSENGERS

In respect of carriage governed by the Convention, the carrier shall be liable for damage caused by delay of passenger's carriage unless 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 4 694 or 250,000 Francs Poincare (or their equivalents in other currency).

 

16.4.

CARRIER'S LIABILITY FOR DAMAGE TO BAGGAGE CAUSE DURING CARRIAGE

 

16.4.1.

The 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 the 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 1 131 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 of the carrier’s liabilities, 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, the 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, the 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.

The 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 baggage causes damage to another person or damage to another person's property or the property of the carrier shall indemnify the carrier for all losses and expenses incurred by the carrier as a result thereof.

 

16.4.6.

The carrier is not liable for damage to items which may not be carried in baggage and are described in Article 9.

 

 

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 the 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 the 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 competent court of law.

 

 

ARTICLE 18

 

MODIFICATIONS AND WAIVERS

 

No agents, employees or representatives of carrier have authority to alter, modify or evade any provision of these General Conditions of Carriage.

 

 

Last modification: 27.07.2012