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Terms and Conditions

 

General Conditions of Carriage (Passenger and Baggage)

 Yerevan, 2020

 

Article 1: Definitions

Article 2: Applicability

Article 3: Tickets

Article 4: Fares, Taxes, Fees and Charges

Article 5: Reservations

Article 6: Check-in and Boarding

Article 7: Right to refuse Carriage

Article 8: Baggage

Article 9: Schedules, Delays, Cancellation of Flights

Article 10: Refunds

Article 11: Conduct Aboard Aircraft

Article 12: Arrangements for Additional Services

Article 13: Administrative Formalities

Article 14: Liability for Damage

Article 15: Time Limitations for Claims and Actions

Article 16: Other Conditions

Article 17: Conciliation Body

 

 

Article 1: Definitions
 

In these Conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say:  

 

Airline Designator Code means the two-characters or three letters which identify particular air carriers.

Baggage means all articles intended for passenger use. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger.

Baggage Check means those portions of the ticket which relate to the carriage.

Baggage Tag means a document issued by Carrier solely for identification of checked baggage, the baggage (strap) tag portion of which is attached by Carrier to a particular article of checked baggage and the baggage (identification) tag portion of which is given to the passenger.

"Carrier" or "Operating Carrier" means an air carrier other than ourselves, whose Airline Designator Code appears on your Ticket or on a Conjunction Ticket.

Checked Baggage means Baggage of which we take sole custody and for which we have issued a Baggage Tag.

Check-in Deadline means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.

Conditions of Contract means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference these Conditions of Carriage and notices.

Conjunction Ticket means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage, provided they were purchased in one booking process at one price.

Convention means whichever of the following legal foundations is/are applicable:

• the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on

October 12, 1929;

• the Warsaw Convention as amended at The Hague on September 28, 1955;

• the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);

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

• the Guadalajara Supplementary Convention (1961)

• the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999 (hereinafter referred to as the Montreal Convention).

Coupon means both a paper Flight Coupon and an Electronic Coupon, each of which entitle you to travel on the particular flight identified on it.

Damage includes death, wounding, or bodily injury to a passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.

Days mean calendar days, including all seven days of the week: provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.

Electronic Coupon means an electronic flight coupon or other value document held in our database.

Electronic Ticket means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.

Fare As described in Article 4.

Flight Coupon means that portion of the Ticket that bears the notation "good for passage", or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.

Force Majeure means unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.

Itinerary Receipt means a travel document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger´s name, flight information and further notices relevant for the journey. This document is to be retained by the passenger and to be carried during the whole journey.

Passenger means any person, except members of the crew, carried or to be carried in an aircraft with our consent.

Passenger Coupon/Passenger Receipt means that portion of the Ticket issued by us on our behalf, which is so marked and which ultimately is to be retained by you.

Regulation (EC) 261/2004 means the Regulation (EC) 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

Stopover means a scheduled stop on your journey, at a point between the place of departure and the place of destination.

Tariff means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.

Ticket means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and coupons.

Unchecked Baggage means any of your Baggage other than Checked Baggage.

"We" means Fly Armenia Airways LLC

"You" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a ticket. (See also definition for "Passenger".)

 

Article 2: Applicability

 

General

2.1. These Conditions are the Conditions of Carriage referred to in the ticket and except as provided in Articles 2.2.,

Charters

2.2. If carriage is performed pursuant to charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the Ticket.

Overriding Law

2.3. These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail.

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

Conditions Prevail over Regulations

2.4. Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations of Fly Armenia Airways LLC, dealing with particular subjects, these Conditions of Carriage shall prevail.

 

Article 3: Tickets

 

General Provisions

3.1.

3.1.1. We will provide carriage only to the Passenger named on the Ticket and only on presentation of a valid Ticket or, in the case of an electronic booking, of a valid ETIX deposit in the reservation system, which includes the flight coupon for the flight in question, all consecutive flight coupons and the passenger coupon.

3.1.2. A Ticket is not transferable.

3.1.3. Refunds for Tickets which are issued at reduced rates may be limited. For the terms please refer to the respective tariff conditions.

3.1.4. If you have a discounted Ticket, as described in 3.1.3. above and you are prevented from travelling due to Force Majeure, then provided that you have promptly advised us about, and furnished evidence of, such Force Majeure and the Ticket has not yet been used, we will even refund you the part of the fare which, as a general rule, is non-refundable.

3.1.5. The Ticket is and remains at all times the property of the issuing carrier.

The ticket constitutes prima facie evidence of the contract of carriage between the Contracting Carrier and the passenger. The Conditions of Contract contained in the ticket are a summary of the provisions of these Conditions of Carriage.

Requirement for Ticket

3.1.6. Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket issued on your name containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorized Agents. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name. A flight booking in the electronic reservation system of Fly Armenia Airways is only made a) on request of the passenger by billing his card number and b) by presenting his card at check-in.

Loss of Ticket or Customer Card

3.1.7. (a) In case of loss or mutilation of a Ticket or part of it by you or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon your request we will replace such Ticket or part of it by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued. We may charge a reasonable administration fee but we will not charge the original fare again. We may further request you to sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another carrier for misuse of the Ticket. We will not claim reimbursement from you for any such losses which result from our own negligence.

3.1.7. (b) Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.

Duty of Care

3.1.8. A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.

Period of Validity

3.2.

3.2.1. Except as otherwise provided in the Ticket, these Conditions, or a ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for:

3.2.1.1. (a) one year from the date of issue; or

3.2.1.1. (b) subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.

3.2.2. When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations, we are unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a refund in accordance with Article 10.

Extension of Validity

3.2.3. If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the Ticket involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such a certificate. In such circumstances, we will similarly extend the period of validity of Tickets of the other members of your immediate family accompanying you.

3.2.4. In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger's Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of death.

Changes Requested by Passenger

3.3

3.3.3. Should you have selected a Tariff which provides for compliance with a fixed Ticket sequence, please note: if carriage is not used on all individual legs or not used in the sequence anticipated on the Ticket with otherwise unchanged travel data, we will recalculate the fare according to your altered routing. The fare will thereby be determined which you would have had to pay for your actual routing in your price group on the day of your reservation. This fare may be higher or lower than the fare you originally paid.

If the price group you originally booked was not available for the altered routing on the day of the booking, the cheapest available former price group for your altered routing will be taken as the basis for the recalculation.

If on the day of the booking for your altered routing, a higher fare would have been determined, we will subsequently recover the difference taking into account the fare already paid. Please note that we can make carriage dependent on whether you have paid this difference in price.

Provided the tariff conditions of your Ticket allow a refund and you have not used your Ticket for a single leg, you may refund your ticket in accordance with the tariff conditions. In this case you will lose any right of carriage.

Name and Address of Carrier

3.4. Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "carrier" box in the Ticket.

 

Article 4: Fares, Taxes, Fees and Charges

 

Fares

4.1. The fare to be paid covers the cost of transporting you from the airport at the actual place of departure to the airport at the actual final destination. It is calculated in accordance with the tariff which is applicable on the day you book your ticket for the flight dates and itinerary shown on your ticket. Your fare does not include ground transport between airports or between airports and city centres. The fare may include carrier-imposed surcharges.

Taxes, Fees and Charges

4.2. Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket.

Currency

4.3. Subject to applicable law, fares and charges are payable in any currency acceptable to us, unless another currency is indicated by us or the applicable law. When payment is made in the country of departure in a currency other than the currency in which the fare is published, the exchange rate for such payment will be the banker's buying rate set by us on the day the ticket is issued.

 

Article 5: Reservations

 

Reservation Requirements

5.1.

5.1.1. Each Flight Coupon will be accepted for carriage only in the class of travel stated upon it for the day and flight for which there is a seat reservation. For Tickets where a seat reservation has not been booked, space may be later reserved if a seat is still available on the flight requested.

5.1.2. We or our Authorized Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).

5.1.3. Certain fares have conditions which limit or exclude your right to change or cancel reservations. For the individual terms please refer to the respective tariff conditions.

Ticketing Time Limits

5.2. If you have not paid for the Ticket prior to specified ticketing time limit, as advised by us or the travel agency which issued the Ticket, we may cancel your reservation.

Personal Data

5.3.

5.3.1. You recognize that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, the travel agency which issued the Ticket, government agencies, other Carriers or the providers of the above-mentioned services.

5.3.2. We reserve the right to review payment transactions to prevent fraud and other fraudulent use. Therefore, we may use internal and external sources

Reservation Requirements

5.4.

5.4.1 Advance Seat Reservation. Advance Seat Reservation allows passengers to request a specific seat category (e.g. window, aisle, middle, seat with more space) from a selection of available seats in their booked cabin class on domestic and international flights operated by Fly Armenia Airways is subject to availability of requested seats. Depending on the seat category and for some booking classes charges apply for Advance Seat Reservation. There is no obligation for you to make an Advance Seat Reservation.

5.4.2 Complimentary Seat Reservation. In the case of complimentary seat reservations, you may request an Advance Seat Reservation, without charge, at the time of check-in. If you use the “Automated Check-In service” you have the option to change your seat at no extra charge to any other available seat”. We will endeavour to honour advance seating requests, however, we cannot guarantee any particular seat.

5.4.3 We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons. If you purchased an Advance Seat Reservation and the flight is cancelled, or if seat changes are made by us for operational, safety, or security reasons we will refund the amount you paid for the seat reservation if your desired seat category is not available. If you cancel or rebook your ticket or purchase an upgrade or have made incorrect statements on your ability to sit on emergency exit seats the amount paid for the seat reservation will not be refunded.

Reconfirmation of Reservations

5.5.

5.5.1. In general, we do not require reconfirmation for Fly Armenia Airways flights.

Cancellation of Onward Reservation and Service Charge when Space not Occupied

5.6. A service charge may be payable by a passenger who:

5.6.1. fails to arrive at Carrier's check-in-location at the airport or other point of departure by the time fixed by Carrier (or if no time fixed, sufficiently in advance of flight departure to permit completion of government formalities and departure procedures) and therefore, does not use space for which a reservation has been made for him, or

5.6.2. appear improperly documented and, therefore, not ready to travel, and as a consequence thereof does not use space for which a reservation has been made for him, or

5.6.3. cancels his reservation later than the time limit for cancellation prescribed by Carrier. The service charge shall not be payable if, due to a flight delay or cancellation, or omission of a scheduled stop, or failure to provide space, the passenger cancels his reservation or, for one of the aforementioned reasons, fails to arrive in time for departure.

 

 

Article 6: Check-in and Boarding

 

6.1. Check-in Deadlines are different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honor them. Your journey will be smoother if you allow yourself ample time to comply with Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. We or the travel agency which issued the Ticket will advise you of the Check-in Deadline for your first flight on us. Information on check-in deadlines for our flights is available on our website or at the travel agency where the air ticket was issued. Unless otherwise stated, passengers must check in no later than 45 minutes prior to flight departure.

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

6.3. We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.

6.4. We will not be liable to you for any loss or expense incurred, which is caused solely by you due to your failure to comply with the provisions of this Article, or, if a codeshare flight, your failure to comply with the relevant rules of the Operating Carrier.

 

Article 7: Right to refuse Carriage

 

Right to refuse carriage

7.1. In the reasonable exercise of our discretion, we may refuse to carry you on your journey or onward journey if we have notified you in writing before the booking that we would not at any time after the date of such notice carry you on our flights. This may be the case if you have contravened the rules of behaviour stated in Articles 7 and 11 on an earlier flight and transporting you is therefore unacceptable. Furthermore, we are entitled to refuse to carry you on your journey or onward journey or to cancel your seat booking, if

7.1.1. this measure is necessary for reasons of security or public order or to avert infringement of any applicable laws or conditions governing flights from, into or over individual countries, or

7.1.2. the carriage of you causes security risks, health or discomfort for other passengers, or

7.1.3. the conduct, age, or mental or physical state, including your impairment from alcohol or drugs presents a hazard or risk to yourself, to passengers, to crew, or to property, or

7.1.4. you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated, or

7.1.5. you have refused to submit to a security check, or

7.1.6. you have not paid the applicable fare, taxes, fees or charges, or

7.1.7. you do not appear to have valid travel documents, may seek to enter a country through which you may transit, or for which you do not have valid travel documents, destroy your travel documents during the flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested, or

7.1.8. you present a ticket that has been acquired unlawfully, or has been purchased or obtained in breach of the Miles & More membership terms and conditions, or that has been reported as being lost or stolen, is a counterfeit, or if you cannot prove that you are the person named in the ticket, or

7.1.9. you withhold the payment of the difference in amount (surcharge) arising in accordance with 3.3.3 or you present a Ticket which has been issued other than by us or the travel agency which is authorized to issue Tickets, or which is significantly damaged;

7.1.10. you fail to observe our instructions with respect to safety or security,

7.1.11. you fail to observe the non-smoking rule on board our aircraft or use of electronic equipment on board which you are not allowed to Fly Armenia Airways will not be liable to you if we have exercised our right to refuse carriage according to this Article 7.1. Where Fly Armenia Airways has issued your ticket on behalf of another carrier pursuant to interline, codeshare or charter agreements, Fly Armenia Airways will not be liable to you if the Operating Carrier of the flight refuses to carry you on the flight.

Special Assistance

7.2.

7.2.1. Acceptance for carriage of incapacitated persons, persons with illness or requiring special assistance has to be registered with us in advance. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.

Carriage of Children

7.2.2. Children who have not yet reached their 5th birthday may only travel in the company of an adult of at least 18 years. The carriage of unaccompanied minors (age between five and 12) requires prior arrangement with the carrier, together with payment of the published fee. Regulations governing the carriage of unaccompanied minors can be obtained from Carrier's sales offices.

7.2.3. Children may also travel in their own car-type safety seat on a seat in the cabin; for this, an additional seat must be booked for children under the age of two. The child’s safety seat must secured with the aircraft seat belt during the entire flight. It must be suitable for use in the aircraft cabin. Otherwise, we are entitled to refuse to carry it on board. We do not accept any liability for any of the consequences, if the child’s own safety seat is incorrectly secured, if it is not fit for purpose or for failure to comply with the instructions.

More information on travelling with children, especially the use in the cabin of suitable children’s seats, is available under "Information and Service" on www.flyarmenia.aero

Recourse when Carriage Refused

7.3. The sole recourse of any person so refused carriage or whose reservation is cancelled for any reason specified in the preceding paragraph shall be recovery of the refund value, in accordance with Article 10.3.

 

Article 8: Baggage

 

Free Baggage Allowance and Excess Baggage

8.1. The Free Baggage Allowance corresponds to carriage of a quantity of Baggage per Passenger limited by number and/or weight and/or dimensions, determined on the basis of the Tariff and appearing on the Ticket, or are available upon request from us or the travel agency which issued the Ticket. You will be required to pay a charge for carriage of Baggage in excess of the Free Baggage Allowance.

Baggage from strangers

8.2. You should refuse to carry, in the checked or the unchecked baggage, packages or objects received from strangers.

Items Unacceptable as Baggage

8.3.

8.3.1. You must not include in your Baggage:

8.3.1.1. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the ICAO or IATA Dangerous Goods Regulations which are available from us or the travel agency which issued the Ticket by request. Especially the following items are unacceptable as baggage: explosives, compressed gases, corrosives, oxidizing, radioactive or magnetized materials, materials that are easily ignited, poisonous, offensive or irritating substances;

8.3.1.2. items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;

8.3.1.3. items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available from us or the travel agency upon request.

8.3.2. If you are in possession of, or your baggage includes (a) weapons of any kind, in particular side arms and sprays used for offensive or defensive purposes, (b) munitions and explosives, (c) articles which, judging by their outward appearance or markings, appear to be weapons, munitions or explosives, you have to present them to us for inspection, prior to commencement of carriage. We accept such articles for carriage only if they are carried as cargo or checked baggage in accordance with the regulations governing carriage of dangerous goods. Sentence 2 shall not apply to police officers who, in performance of their official duties, are required to carry arms. During the flight they shall hand over their arms to the pilot in command.

8.3.3. Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 8.3.1.1. Notwithstanding any provisions or agreements to the contrary, Fly Armenia Airways LLC shall not be required to accept firearms or ammunition of war onboard flights operated by Fly Armenia Airwa.

8.3.4. We are not liable for any items referred to in 8.3.1. and 8.3.2. if these, despite being prohibited, are deliberately included in your baggage.

Right to Refuse Carriage

8.4.

8.4.1. Subject to paragraph 8.3.2 and 8.3.3., we will refuse to carry as Baggage the items described in 8.3., and we may refuse further carriage of any such items upon discovery.

8.4.2. We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.

8.4.3. We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers.

Search of Passengers and Baggage

8.5. If the passenger is unwilling to comply with a request to permit a search to be made of his person or his baggage to determine the presence of articles which are inadmissible according to or which have not been presented in accordance with paragraph 8.3. We may refuse to carry the passenger or his baggage and in that event we shall be under no liability to the passenger except to refund him in accordance with Article 10.3. of these Conditions of Carriage.

Checked Baggage

8.6.

8.6.1. Upon delivery to us of baggage to be checked we shall take custody thereof. We will there upon make an appropriate entry on the ticket which act shall constitute the issue of the baggage check. Baggage (identification) tags that may be issued by us in addition to the baggage check are for identification purposes only.

8.6.2. Checked Baggage must have your name or other personal identification affixed to it.

8.6.3. Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative (if possible, the next) flight. If your Checked Baggage is carried on a subsequent flight, we will deliver it to you, unless applicable law requires you to be present for customs clearance. Article 14 (Liability for Damage) remains unaffected. Article 14 (Liability for Damage) remains unaffected.

Unchecked Baggage

8.7.

8.7.1. We may specify maximum dimensions for Baggage which you carry on to the aircraft. If we have not done so, Baggage you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.

8.7.2. Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.7.1. above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.

Delivery of Checked Baggage

8.8.

8.8.1. You are required to collect your Checked Baggage as soon as it is made available at your destination or stopover.

8.8.2. We shall deliver checked baggage to the bearer of the baggage check upon payment of all unpaid sums due to us under the Contract of Carriage.

8.8.3. If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage (identification) tag, if one has been issued, we will deliver the baggage to such person only on condition that he establishes to our satisfaction his right thereto.

Pets and Assistance Dogs

8.9.

8.9.1. The acceptance of pets (dogs, cats and other animals) for transport is subject to our approval and the following conditions:

The animals shall be properly crated and accompanied by valid health/vaccination certificates, entry permits, and other documents required by the countries of entry or transit. We reserve the right to determine the manner of carriage and to limit the number of pets which may be carried on a flight.

8.9.2. The weight of pets, containers and food, shall not be included in the free baggage allowance of the passenger. Its transportation shall be paid for at the rate applicable to excess baggage.

8.9.3. A recognized assistance dog required by the passenger will be accepted without charge for transportation in the cabin to the extent feasible; please take note of Article 8.9.5.

8.9.4. On flights to or from the USA you may take along an Emotional Support or Psychiatric Service dog in the cabin, without charge if the following requirements are met:

Passengers travelling with an emotional support or psychiatric service dog shall provide current documentation (i.e., not older than one year from the date of the Passenger’s scheduled initial flight) to LH on the letterhead of a licensed mental health professional treating the passenger's mental or emotional disability) stating the following: (1) the passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition (DSMIV); (2) the Passenger needs the emotional support or psychiatric service dog as an accommodation for air travel and/or for activity at the Passenger’s destination; (3) the individual providing the assessment is a licensed mental health professional and the Passenger is under his or her professional care; and (4) the date and type of the mental health professional’s license and the state or other jurisdiction in which it was issued. Fly Armenia Airways reserves the right to authenticate any documentation presented.

Please take note of Article 8.9.5

If you are travelling with an assistance or emotional support dog, please contact us at least 48 hours’ prior to the departure of your flight and present yourself at the check in at least 1 hour before the indicated check-in deadline.

8.9.5. Please note that it is essential for the safe and undisrupted operation of a flight that your animal is trained to behave properly in public settings. In order to travel with you in the cabin your animal must be obedient and behave properly. If your animal misbehaves you may be asked to put its muzzle on for the transport, your animal may be transported in the cargo compartment (if a kennel is available), or carriage may be denied.

Animals travelling with you in the cabin (including container for transport, if applicable) shall fit in the foot space of your seat and shall be appropriately secured during the entire stay on board.

8.9.6. You assume full responsibility for the safety, health, and conduct of your animal, and for compliance with all governmental requirements, regulations, or restrictions, including entry/exit permits and required health certificates of the respective countries, states, or territories.

You shall be liable for all expenses due to your failure to comply with this provision, as well as for any damage your animal causes, and you shall indemnify us against all liability whatsoever, unless caused by the gross negligence or intentional misconduct of LH.

 

 

Article 9: Schedules, Delays, Cancellation of Flights

 

Schedules

9.1. Before we accept your booking, we will notify you of scheduled flight time in effect as of the time, and it will be shown on your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, you will be entitled to a refund in accordance with Article 10.2.

Cancellation, Rerouting, Delays, etc.

9.2. We will take all necessary measures to avoid delay in carrying you. In the exercise of these measures and in order to prevent a flight cancellation we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.

Notification

9.3 In the event of a flight delay, cancellation, or diversion, Fly Armenia Airways LLC will provide the most current information available to customers in the airport or onboard an aircraft in a timely manner. Flight information may also be obtained by visiting the Fly Armenia Airline web site (www.flyarmenia.aero).

 

Article 10: Refunds

 

Generals

10.1. 

We will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, as follows:

Person to whom refund will be made

10.1.1. 

Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket or, to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.

10.1.2. 

If a Ticket has been paid for by a person other than the passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order.

10.1.3. 

Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.

10.1.4. 

A refund made to anyone presenting the passenger coupon and all unused flight coupons and holding himself out as a person to whom refund may be made in terms of subparagraphs 10.1.1. or 10.1.2. shall be deemed a refund to such person.

Involuntary Refunds

10.2.

10.2.1. 

If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight which you hold a reservation, the amount of the refund shall be:

10.2.1.1.

if no portion of the Ticket has been used, an amount equal to the fare paid,

10.2.1.2.

if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.

Voluntary Refunds

10.3.

10.3.1. If you request a refund for reasons other than those mentioned under clause 10.2.1. of this section, the amount of the refund will thus correspond provided the respective fare conditions provide for this:

10.3.1.1.

if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;

10.3.1.2.

if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.

Refund on Lost Ticket

10.4.1.

If a Ticket or portion thereof is lost, a refund will be made on proof of loss satisfactory to Carrier and payment of the applicable fee, provided that:

10.4.1.1.

the lost Ticket or portion thereof has not been used or previously refunded or replaced without charging the ticket fare again (except where the use, refund or replacement by or to a third party resulted from our own negligence).

10.4.1.2.

the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from our own negligence). In this case a reasonable service charge will be debited to you.

10.4.2.

If we or our Authorized Agent lose the Ticket or a portion of it, the loss shall be our responsibility.                                                                                                                                                                          

Refusal of Refunds

10.5.

10.5.1.

We may refuse refund when application therefore is made later than six months after the expiry of the validity of the ticket.

10.5.2.

We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another means of transport.

Currency

10.6.

All refunds will be subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and to the country in which the refund is being made. Subject to the foregoing provision, refunds will be made in the currency in which the fare was paid.

By whom Ticket Refund

10.7.

Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its agent if so authorized.

Refund to Credit Cards Accounts

10.8.

Refund due to tickets paid for with credit cards can only be credited to credit card accounts originally used for the ticket purchase. The refundable amount to be paid by us will be in accordance with the rules within this article only on the basis of the amount and the currency entered in the ticket. The refundable amount to be credited to the credit card account of the card owner can vary from the originally debited amount by the credit card company for the ticket due to differences in conversion. Such variances do not entitle the recipient of the refund to a claim against us.

 

Article 11: Conduct Aboard Aircraft

 

General

11.1.

If, in our reasonable opinion you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the

crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.

Electronic devices

11.2.

The use of cell phones, transmission devices and remote-control toys on board is prohibited. The use of cell phones is only permitted if the aircraft equipped with functioning mobile telecommunication technology. Please pay attention to crew announcements and written information on board at all times, such as the FlyNet Guide. Making VoiP calls is prohibited nor is it possible, since the technology has been disabled. Video cameras, laptops, MP3 players, CD player and computer toys are allowed when the Fasten Seat Belts sign has been turned off.

Non-Smoking Flights

11.3.

All flights are Non-Smoking Flights. Smoking is prohibited in all areas of the aircraft. This does also apply for electronic cigarettes.

Own Alcohol

11.4.

Consumption of alcohol purchased prior to your flight is not permitted on board of the aircraft.

Seat belts compulsory

11.5.

As a general rule you are requested to remain seated during the entire flight and you are obliged to fasten your seat belts while seated.

 

Article 12: Arrangements for Additional Services

 

12.1.

If we make arrangements for you with any third party to provide any services, like issuing a ticket or voucher relating to transportation or services, in doing so we act only as your agent. The terms and conditions of the third-party service provider will apply.

12.2.

If we are also providing surface transportation to you, these conditions apply to such surface transportation. Such conditions are available from us upon request.

 

Article 13: Administrative Formalities

 

General

13.1.

13.1.1.

You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit. Further, it is the passenger’s responsibility to ensure that their travel documents and visas will remain valid for the entirety of their travel, accounting for the possibility of flight disruptions. Fly Armenia Airways LLC is not liable for the passenger’s failure to take reasonable precautions to ensure that their travel documents and visas remain valid.

13.1.2.

We shall not be liable for any and all the consequences, however remote, to any passenger arising from his or her failure to obtain and carry with them necessary valid travel documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

Travel Documents

13.2.

Prior to travel. you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.

Refusal of Entry

13.3.

If you are denied entry into any country, you will be responsible to pay for the cost of transporting you from that country. We may apply to the payment of such fare any funds paid to us for unused carriage, or any funds of the passenger in the possession of us. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by us.

Passenger responsible for Fines, etc.

13.4.

If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with the laws or regulations on entry to or travel through the country concerned, or to produce the required documents in the proper form, you shall reimburse us on demand any amount so paid or expenditure so incurred as well as an administration fee. If the Passenger fails to reimburse us we may seek reimbursement from the person who has paid for the Ticket. We may apply towards such payment or expenditure the value of any unused part of your ticket or any of your funds in our possession. The value of the fine or penalty can vary from country to country and may greatly exceed the fare paid. In your own interests, therefore, please ensure that you observe the entry regulations of the country to which you are travelling.

Customs Inspection

13.5.

If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.

Security Inspection

13.6.

You are obliged to submit to any security checks by Governments, airport officials, Carriers or by us.

Transmission of Passenger Data

13.7.

We are entitled to transmit your personal data and all personal reservation data in connection with your flight to domestic and foreign authorities if these authorities request us to do so due to compelling legal rules and regulations in order to fulfil the contract of carriage.

 

Article 14: Liability for Damage

 

General

14.1.1.

The liability of Fly Armenia Airways LLC and each Carrier involved in your journey will be determined by its own Conditions of Carriage.

14.1.2.

Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.

14.1.3.

Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.

14.1.4.

We are liable only for damage occurring on our own flights. If we issue a ticket or check baggage over the lines of another Carrier we do so only as an agent for such other Carrier. Nevertheless, with respect to checked baggage the passenger shall also have a right of action against the first or last Carrier.

14.1.5.

If the air carrier actually performing the flight is not the same as the contracting air carrier, you have the right to address a complaint or to make a claim for damage against either

14.1.6.

We are not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the passenger to comply with the same.

14.1.7.

Our liability shall not exceed the amount of proven damages under any circumstances. We are only liable for indirect or consequential damages when such damage was caused by our gross negligence or willful misconduct; the provisions of the Convention shall continue to be applicable without change.

14.1.8.

Any exclusion or limitation of liability of us shall apply to and be for the benefit of agents, servants and representatives of us and any person whose aircraft is used by us and such person's agents, servants and representatives. The aggregate amount recoverable from us and from such agents, servants, representatives and persons shall not exceed the amount of our limit of liability.

14.1.9.

Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of us under the Convention or applicable laws.

Compensation in Case of Death or Injury

14.2

14.2.1.

There are no financial limits to the liability for passenger injury or death. For damages up to 121.243 EUR the air carrier cannot contest claims for compensation. Above the amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

14.2.2.

If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 17.600 EUR

Destruction, Loss or Damage to Baggage

14.3

14.3.1.

We are liable for destruction, loss or damage to baggage up to 1,213 EUR In the case of checked baggage, we are liable even if not at fault, unless the baggage was defective. In case of unchecked baggage, the carrier is liable only if at fault.

Higher Limits for Baggage

14.3.2.

A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on Baggage

14.3.3.

If the baggage is damaged, lost or destroyed the passenger must write and complain to the air carrier as soon as possible. In case of damage to checked baggage, the passenger must write and complain within seven days and in case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.

14.3.4.

We are not liable for damage to a passenger's baggage caused by property contained in passenger's baggage unless we caused such damage by our gross negligence or willful misconduct. Any passenger whose property causes damage to another passenger's baggage or to the property of us shall indemnify us for all losses and expenses incurred by us as a result thereof.

Passenger and Baggage Delays

14.4.

14.4.1.

In case of passenger delay we are liable for damage unless we took all reasonable measures to avoid damage or it was impossible to take such measures. The liability for passenger delay is limited to 1,032 EUR

14.4.2.

In case of a baggage delay we are liable for damage unless we took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability is limited to1.213 EUR

14.4.3

In the event claimant fails to mitigate damages or has contributed to the emergence of damage, the amount of the claims for damages shall be reduced by the amount which relates to the claimant’s contribution. In particular, claimant is obligated to make timely, reasonable and adequate replacement purchases.

Non-Carriage due to Overbooking

14.5.

14.5.1.

The carrier will give priority to unaccompanied children, ill and handicapped people. In all other cases, passengers will be allocated a seat on the aircraft in the order in which they check in, also taking into account any specific interests.

14.5.2. When we reasonably expect to deny boarding on a flight, we first call for volunteers to surrender their reservation in exchange for benefits.

Cancellation

14.6.

In case of flight cancellation, we will endeavor to rebook you on another aircraft, on another carrier’s flight or by any other means of carriage.

 

Article 15: Time Limitations for Claims and Actions

 

Notice of Claims

15.1.

If you accept the baggage delivered to you unconditionally, we take for granted as long as opposite not proven, that it was delivered to you in good condition and according to the contract of carriage.

No action shall lie in the case of damage to baggage unless the person entitled to delivery complains to Carrier forthwith after the discovery of the damage, and, in international air travel at the latest within seven days from the date of receipt; and in the case of any damage resulted due to delay, unless the complaint is made at the latest within 21 days from the date on which the baggage has been placed at his disposal. Every complaint must be made in writing and dispatched within the times aforesaid.

Limitation of Actions

15.2.

Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court assigned the case.

 

Article 16: Other Conditions

 

Carriage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions which may vary from time to time are important. They concern among other things: the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices and items, the on-board consumption of alcoholic beverages.

Regulations and conditions concerning these matters are available from us upon request.

 

Article 17: Conciliation Body

 

We participate in conciliations before a conciliation body. The competent conciliation body is The European Commission also provides a platform for Online Dispute Resolution (ODR) that may be used to resolve complaints. The platform can be found under http://ec.europa.eu/consumers/odr/

 

 

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