December 04, 2016
Article 1: Definitions:
Agreed Stopping Places means those places, except the place of departure and the place of destination, set out in the ticket or shown in Carrier’s timetables as scheduled stopping places on the passenger’s route.
Airline Designator Code means two characters or three letters which identify particular air carriers.
Authorized Agent means a passenger sales agent who has been appointed by Carrier to represent Carrier in the sale of air passenger transportation over the service of the Carrier.
Baggage means such articles, effects and other property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his journey. Unless otherwise specified, it includes checked and unchecked baggage.
Baggage Check means those portions of the ticket, which relate to the carriage of the passenger’s checked baggage.
Baggage Identification Tag means a document issued solely for identification of Checked Baggage.
Carriage means carriage of passenger and/or baggage by air, gratuitously or for reward, including transportation services incidental thereto.
Carrier includes FLY ONE S.R.L. and the air carrier, other than FLY ONE S.R.L., issuing the ticket and all air carriers that carry the passenger and/or his baggage there under or undertake to perform any other services related to such air carriage.
Checked Baggage means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage check.
Conditions of Contract means those statements contained in, or delivered with, the ticket, which include a reference to these General Conditions of Carriage and notice.
Conjunction Ticket means a ticket issued to a passenger in conjunction with another ticket, which together constitute a single contract of carriage.
Convention means whichever of the following instruments are applicable:
– the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
– the Warsaw Convention as amended at The Hague on 28 September 1955;
– the Warsaw Convention as amended by Additional Protocols Nos.1 , 2 and 4 of Montreal (1975);
– the Guadalajara supplementary Convention (1961);
– the Montreal Convention (1999),
whichever may be applicable, and as such are amended from time to time but depending on such amendments have been duly ratified by the Republic of Moldova.
Damage includes death, injury, damages due to delay, partial loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto.
Days mean calendar days, provided that, for the purposes of notification, the day upon which the notice is dispatched shall not be counted, and that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted.
Flight Coupon means that portion of the ticket issued by or on behalf of Carrier that bears the notation “good for passage” and indicates the particular places between which passenger is entitled to be carried.
Force Major means unusual and unforeseeable circumstances beyond the control of the passenger and/or Carrier, the consequences of which could not have been avoided even if all due care had been exercised.
Involuntary Refund means a refund of an unused ticket or portion thereof due to the reasons beyond the control of the passenger, as specified in Article 3, paragraph 3.A. of these Conditions of Carriage.
Passenger means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a ticket.
Passenger Coupon or Passenger Receipt means that portion of the ticket which is so marked and which ultimately is to be retained by the passenger.
Reservation, which is equivalent to the term “booking” means the allotment in advance of seating or sleeping accommodation for a passenger or of space or weight capacity for baggage.
SDR means Special Drawing Right as defined by the International Monetary Fund.
Stopover means a deliberate interruption of the journey by the passenger 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 the document entitled “Passenger Ticket and Baggage Check” issued by or on behalf of Carrier and includes the Conditions of Contract, notices and Coupons.
Unchecked baggage means any baggage of the passenger other than checked baggage.
USD means the lawful currency of The United States of America.
Voluntary Refund means a refund of an unused ticket or portion thereof other than an involuntary refund.
Article 2: Applicability
a) These General Conditions of Carriage are the conditions of carriage of FLY ONE S.R.L. referred to in the ticket and, except as provided in paragraph 2 of this Article, apply to all carriage of passengers and baggage only on those flights, or flight segments, where FLY ONE S.R.L. is designated as the carrier for that flight segment.
b) These Conditions of Carriage also apply to gratuitous and reduced fare carriage, except to the extent that carrier has provided otherwise in the relevant contracts or tickets.
2. Charter operations
If carriage is performed pursuant to a 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.
3. Code Shares
On some services, FLY ONE S.R.L. has arrangements with other carriers known as “Code Shares”. This means that other airlines may operate a flight even though FLY ONE S.R.L. is mentioned in the ticket as “carrier”. These General Conditions of Carriage also apply to such transportation.
If such arrangements apply, FLY ONE S.R.L. will advise the passenger of the carrier operating the aircraft at the time he makes a reservation.
All carriage shall be subject to Carrier’s General Conditions of Carriage and Carrier’s tariff regulations in effect on the date of issue of the ticket or, if such date cannot be ascertained, on the date of commencement of carriage covered by the first flight coupon of the ticket.
5. Overriding law
These Conditions of Carriage are applicable unless they are inconsistent with Carrier’s Tariffs or applicable law, in which event such Tariffs or laws shall prevail. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
6. Conditions prevail over regulations
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other Carrier’s regulations, dealing with particular subjects, these Conditions of Carriage shall prevail.
Article 3: Tickets
a) The ticket constitutes the evidence of the contract of carriage between Carrier and the passenger named on the ticket, and he may be required to produce appropriate identification.
b) A ticket is not transferable. If a ticket is presented by someone other than the person entitled to be carried there under or to a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage or makes a refund to the person presenting the ticket.
c) The ticket will be issued only upon full payment of the applicable fare or in accordance with credit arrangements established with Carrier. Some tickets are sold at discounted fares which may be partially or completely non-refundable. Passenger should choose the fare best suited to his needs.
d) A person shall not be entitled to be carried on a flight unless he presents a ticket valid and duly issued in accordance with Carrier’s practices and which contains the flight coupon for that flight and all other unused flight coupons, and the passenger coupon. A passenger shall not be entitled to be carried if the ticket he presents is mutilated or if it has been altered otherwise by Carrier or its authorized agent. Passengers shall retain the passenger coupon and all unused flight coupons throughout their journey and shall present them to Carrier or its staff whenever requested.
e) In case of loss, theft or mutilation of a ticket (or part thereof) by the passenger, upon the passenger’s request Carrier 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 and provided that the passenger signs an agreement to reimburse Carrier for any costs and losses, up to the value of the original ticket, which are incurred by Carrier for misuse of the ticket. Where such evidence is not available or the passenger does not sign such an agreement, Carrier issuing the new ticket may require passenger to pay up to the full ticket price for a replacement ticket, subject to refund if and when Carrier is satisfied that the loss 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, the passenger surrenders it to Carrier issuing the new ticket, the foregoing refund will be processed at that time. The issuing carrier may charge an administration fee for these services, unless the loss, theft or mutilation was due to negligence of the issuing carrier, or its agent.
f) After their use, the flight coupons remain the property of the issuing Carrier.
2. Period of validity
Except as otherwise provided in the ticket, these Conditions, or in applicable tariffs (which may limit the validity of ticket, in which case the limitation will be shown on the Ticket), a ticket is valid for:
a) one year from the date of issue; or
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.
A ticket issued at a special fare is valid for carriage only for the period and subject to the conditions as notified by Carrier in its tariff regulations.
3. Extension of validity
A. If a passenger is prevented from traveling within the period of validity of the ticket because Carrier:
a) is unable to provide space on the flight at the time such passenger requests reservation;
b) cancels the flight on which the passenger holds a reservation;
c) omits a scheduled stop, being the passenger’s place of departure, place of destination or a stopover;
d) fails to operate a flight reasonably according to schedule;
e) causes the passenger to miss a connection;
f) substitutes a different class of service;
g) is unable to provide previously confirmed space, the validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available for that passenger in the class of service for which the fare has been paid.
B. When a passenger after having commenced his journey is prevented from traveling within the period of validity of his ticket by reason of illness, Carrier will extend the period of validity of such passenger’s ticket until the date when the passenger become fit to travel or until Carrier’s 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 period of validity of such ticket will be extended for not more than three months from the date shown on such medical certificate. In such circumstances, Carrier will extend similarly the period of validity of tickets of the passenger’s spouse or of members of his immediate family accompanying an incapacitated passenger.
C. 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 of the spouse or the immediate family of a passenger who has commenced travel, the passenger’s tickets and those of his immediate family accompanying the passenger may be likewise modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall be for a period no larger than 45 days from the date of the death.
4. Coupon sequence and use
a) Carrier will honor flight coupons only in sequence from the place of departure as shown on the ticket. The ticket will not be honored and will lose its validity if all the coupons are not used in the sequence provided in the ticket.
In particular the ticket does not entitle the passenger to commence his journey at any of the specified stopover points if the first coupon for an international flight has not in fact been used for transportation.
b) The passenger wishing to change any aspect of his itinerary (i.e. the place of departure, a stopover or the place of destination as mentioned in the ticket),shall contact Carrier in advance. The fare for the revised itinerary will be calculated and the passenger will be given the option of accepting the new fare or maintaining his original itinerary.
Should the passenger be required to change any aspects of his itinerary due to Force Major, he shall contact Carrier as soon as practicable and Carrier will use reasonable efforts to transport the passenger to his next stopover or place of destination, without recalculation of the fare. Carrier will only do so if the passenger has given evidence to Carrier for passenger’s force major.
c) Should the passenger change his original itinerary without the consent of Carrier, Carrier will assess the correct price for the revised itinerary. The passenger will have to pay any difference between the fare of the original itinerary and the fare of the revised itinerary. If the new fare is lower, the difference shall be reimbursed by Carrier to the passenger.
d) Each flight coupon will be accepted for carriage in the class of service specified therein on the date and flight for which space has been reserved. When flight coupons are issued without a reservation being specified thereon, space will be reserved on application subject to the Carrier’s Tariffs and the availability of space on the flight requested.
5. Name of the Carrier
Carrier’s name may be abbreviated in the ticket.
Article 4: Stopovers
Stopover means deliberate interruption of a journey by the passenger agreed to in advance by Carrier, at a point between the place of departure and the place of destination.
In the case of a passenger holding a ticket issued at the normal fare, stopovers within the period of validity of the ticket will be permitted at any agreed stopping place unless government requirements or tariff regulations or timetables do not permit such stopover.
In the case of a passenger holding a ticket issued at a special fare, stopovers are subject to the limitations or prohibitions on stopovers as provided in tariff regulations. Additional charges for stopovers may be payable pursuant to tariff regulations.
Article 5: Fares, taxes, fees and charges
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise stated.
Fares do not include ground transport service between airports and between airport and town terminals.
2. Applicable fares
Applicable fares are those published by Carrier or, if not so published, constructed in accordance with Carrier’s tariff regulations. Except as otherwise provided applicable fare is the fare in effect on the date of payment of the ticket for travel on the specific dates and itinerary shown on it. Should the passenger change his itinerary or dates of travel, this may impact the fare to be paid. When the amount that has been collected is not the applicable fare the difference shall be paid by the passenger, or, as the case may be, refunded by the Carrier.
Unless otherwise provided in the Carrier’s regulations, fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, he passenger, prior to issue of the ticket, ay specify the routing of the specifies no routing, Carrier may determine the routing.
4. Taxes, fees and charges
Applicable taxes, fees and charges imposed by governments or other authorities or by the operator of the airport will be in addition to the otherwise applicable fares and shall be payable by the passenger to the extent they are not already included in the fare.
The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of ticket issuance.
If a new tax, fee or charge is imposed even after ticket issuance or there is an increase in a tax, fee or charge shown on the ticket, passenger will have to pay it. Similarly, in the event any taxes, fees or charges already paid at the time of ticket issuance are abolished or reduced such that they no longer apply, or a lesser amount is due, passenger will be entitled to claim a refund.
To the extent the applicable law permits, fares, taxes fees and charges are payable in any currency acceptable to Carrier. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established for such purpose by the Carrier.
6. Payment of fares, taxes and charges
Carrier shall not be obliged to carry, and may refuse onward carriage of a passenger or his baggage, if the applicable fare or any charges or taxes payable have not been paid.
Article 6: Reservations
1. Reservation requirements
a) Reservations are recorded at Carrier’s offices and at authorized agents. Confirmation of reservations will be subject to availability of seats. Upon request of the passenger Carrier will provide him with a written confirmation of his reservation (s).
b) Certain fares may have conditions which limit or exclude the passenger’s right to change or cancel reservations.
2. Ticketing time limits
Carrier may cancel a reservation without notice if a passenger has not paid for the ticket prior to the specified ticketing time limit, as advised by Carrier or its authorized agent.
3. Personal data
The passenger recognizes that personal data has been given to Carrier for the purposes of making a reservation, purchasing a ticket, obtaining ancillary services, facilitating immigration and entry procedures and making available such data to government agencies, in connection with his travel. Carrier is further authorized to transmit such data for such purposes to its own offices, its authorized agents, other carriers, the providers of ancillary services or government authorities, in whatever country they may be located.
Carrier will endeavor to honor advance preferred seating assignments. In case when an aircraft change occurs or an aircraft with a configuration different from the one available at booking time, FLY ONE S.R.L. reserves the right to modify your seat selection initially chosen at booking time. Passenger will have a new seat assigned at check-in time. Carrier also reserves the right to change such seat assignments, even after boarding the aircraft, for operational, safety or security reasons.
5. Reconfirmation of reservations
a) Carrier will advise the passenger when reconfirmation of onward or return reservations is required and how and when this should be done. If Carrier requires the passenger to reconfirm reservations, failure to comply with any such requirement will entitle Carrier to cancel the onward or return reservation.
Should the passenger advise Carrier he still wishes to travel however, and should there be space available on the flight, Carrier will reinstate his reservations and transport the passenger. Should there be no space available on the flight, Carrier will use reasonable efforts to transport the passenger to his stopover or place of destination.
b) Passenger should check the reconfirmation requirements of any other Carrier involved in his journey with them. Where it is required, the passenger must reconfirm with the Carrier whose code appears for the flight in question on the ticket.
6. Cancellation of onward reservations
If a passenger does not show up for a flight, without advising Carrier in advance, Carrier may cancel onward and/or return reservations. However, if the passenger advises Carrier in advance, Carrier will not cancel passenger’s subsequent flight reservation.
Article 7: Check-in and boarding
The passenger shall arrive at Carrier’s check-in location and boarding gate not later than the time that will be indicated by Carrier, in order to permit completion of any departure formalities sufficiently in advance of flight departure.
For FLY ONE flights departing starting with 29.10.2017, check-in and reception of luggage at the airport desk ends 60 minutes prior departure.
If the passenger fails to arrive in time at Carrier’s check-in location or boarding gate, or he is improperly documented, under Article 14 hereinafter and, consequently not ready to travel, Carrier is entitled to cancel the space reserved for the passenger and will not delay the flight. Carrier will not be liable to the passenger for loss or expense due to failure of the passenger to comply with the provisions of this Article.
Article 8: Refusal and limitation on carriage
1. Right to refuse carriage
In the reasonable exercise of its discretion, Carrier may refuse to carry the passenger or his baggage if one or more of the following have occurred or if Carrier reasonably believes may occur:
a) such action is necessary in order to comply with any applicable government laws, regulations or orders of any state to be flown from, into or over;
b) the carriage of the passenger and his baggage may endanger or affect the safety, health or materially affect the comfort of other passengers or crew;
c) the conduct, age or mental or physical state of the passenger is, or reasonably seems to be such as to: require special assistance of Carrier which Carrier cannot reasonably provide; cause discomfort or make himself objectionable to other passengers or involve any hazard or risk to himself, to passengers, to crew or to property;
d) the passenger has failed to observe any instructions of Carrier or he has refused to submit to a security check by Carrier or any airport or government official;
e) the passenger has not paid the applicable fare, taxes, fees or charges;
f) the passenger does not appear to have valid travel documents, may seek to enter a country through which he may be in transit, or for which he does not a valid entry document, destroy his travel documents during flight or refuse to surrender his travel documents to the flight crew, against receipt, when so requested;
g) the ticket presented by the passenger:
1. has been acquired unlawfully or has been purchased from an entity other than the issuing carrier or its authorized agent;
2. has been reported as being lost or stolen;
3. has any flight coupon either altered by anyone other than the Carrier or its authorized agents, or mutilated;
h) the passenger has failed to comply with the requirements set forth in Article 3/paragraph 4 here above concerning coupon sequence and use;
i) the person presenting the ticket cannot prove that he is the person named in the “NAME OF PASSENGER”.
In the above cases f), g), h) and i), Carrier reserves the right to retain ticket.
2. Special assistance
Carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance shall only be performed subject to Carrier’s prior consent. Such passengers shall not be subsequently refused carriage on the basis of such disability and/or special requirements.
Article 9: Baggage
1. Items unacceptable as baggage
A. The passenger shall not include in his baggage:
a) items which are not defined as baggage under Article 1 of these Conditions of Carriage;
b) items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and in the regulations of the International Air Transport Association (IATA) (further information on this subject is available from Carrier on request);
c)items the carriage of which is prohibited by the applicable laws or regulations of any State to be flown from or to;
d) items which in the opinion of Carrier are unsuitable for carriage by reason of their weight, size, shape or character;
e)live animals, except as provided for in paragraph 10 of this Article.
B. Firearms, ammunition and side arms are accepted for carriage as checked baggage only with personification to the Carrier at time of booking and at its discretion.
Carriage of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations, as specified in paragraph 1.A.b).
C. The passenger will not carry in the registered baggage fragile or perishable items, objects with special value, such as money, jewellery, computers, personal electronic equipment, medicines, silvery, precious metals, securities, guarantees or other values, keys, business documents, passports and any other identity documents or samples.
D. If, despite being prohibited, any items referred to in paragraphs A through C here above, are included in baggage, Carrier shall not bear any particular liability for any loss or damage to such items, other than the current provisions of its liability regime, as defined in Article 16 here below.
2. Right to refuse carriage
Carrier will refuse carriage as baggage of any item specified in paragraph 1 of this Article and may refuse further carriage of any baggage on discovering that it consists of or includes any such item.
3. Right of search
For reasons of safety and security, Carrier may request the passenger to permit a search and scan to be made of his person and his baggage, and may search the passenger’s baggage in his absence if the passenger is not available, for the purpose of determining whether or not he is in possession of or whether his baggage contains any item named in paragraph 1.A or any firearms, ammunition or weapons in respect of which paragraph 1.B of this article has not been complied with. If the passenger is unwilling to comply with such request, Carrier may refuse to carry the passenger and baggage. In the event a search or other scan causes damage to the passenger or his baggage, Carrier shall not be liable for such damage except in case of willful misconduct or gross negligence.
4. Checked baggage
a) Upon delivery to Carrier of baggage to be checked, Carrier shall take custody thereof. Carrier will thereupon make an appropriate entry on the ticket for record. Baggage identification tags that may be issued by the Carrier in addition to the baggage check are for identification purposes only.
b) Carrier may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or similar containers to ensure safe carriage with ordinary care in handling.
c) Checked baggage will, whenever possible, be carried on the same aircraft as the passenger, unless Carrier decides, for safety, security or operational reasons, to carry it on an alternative flight.
If checked baggage is carried on a subsequent flight, Carrier will deliver it to the passenger unless applicable law requires the passenger to be present for customs clearance.
5. Free baggage allowance Passenger may carry some baggage free of charge, subject to the limitations and conditions contained in these Conditions of Carriage.
Depending on the route to be flown, the free baggage allowance is calculated on the basis of either weight or pieces.
More information is available in Carrier’s timetables and at the offices of Carrier and its authorized agents.
Where two or more passengers, traveling as one family or as one party to a common destination and departing on the same flight, present themselves for traveling at the same time and place, they shall be permitted a total free baggage allowance equal to the combination of their individual free baggage allowances.
6. Excess baggage The carriage of baggage in excess of the free baggage allowance is subject to a charge.
Details concerning this charge are available at the offices of Carrier, its authorized agents and on the Official website of the Carrier.
7. Excess value declaration and charge
a) A passenger may declare a value for checked baggage in excess of the applicable liability limits. If the passenger makes such a declaration, he shall pay the applicable charges, at rates determined by Carrier, and available on request. Excess value charges shall be payable at the point of origin for the entire journey to final destination.
b) When a passenger presents luggage for which he/she wish to make a declaration of special value, following rules should apply:
Airport arrival time:
Passengers must arrive at check-in with sufficient time to allow:
1. Opening of luggage of special value
2. Verification of the existence of the objects to be covered by the declaration
3. Signature of the document ‘Special Value declared baggage inventory”
4. Locking of the luggage by the passenger
The value must not exceed 1000 Euro.
A fee of 10% of the value declared by passengers will be applied.
b) FLY ONE accepts baggage with declared value only on FLY ONE board of direct operated flights.
8. Unchecked baggage
a) Baggage which the passenger carries on to the aircraft must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin that is available for use by the passenger.
Unchecked baggage must also comply with Carrier’s further regulations. If 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. Such Baggage may be checked at any time before the departure of the flight.
b) Objects which the passenger considers not suitable for carriage in the cargo compartment (such as delicate musical instruments and the like) will only be accepted for carriage in the cabin compartment if due notice has been given in advance and permission granted by Carrier. The carriage of such objects may be charged for separately.
9. Collection and delivery of baggage
a) Passenger must collect his baggage as soon as it is available for collection at places of destination or stopover. Should the passenger not collect it within a reasonable time, Carrier may charge the passenger a storage fee. Should the baggage not be claimed within three (3) months of the time it was made available, Carrier may dispose of it, without any liability to the passenger.
b) Carrier shall deliver baggage to the bearer of the baggage check and baggage identification tag.
Carrier is under no obligation to ascertain that the bearer of the baggage check and the baggage identification tag is entitled to delivery of the baggage. Carrier is not liable for any loss, damage or expense arising out of or in connection with its failure so to ascertain. Delivery of baggage will be made at the destination shown in the baggage label.
c) if a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage identification tag, Carrier may deliver the baggage to such person on condition that he establishes to Carrier’s satisfaction his right thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by Carrier as a result of such delivery.
d) acceptance of baggage by the bearer of the baggage check without written complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.
a) Carriage of dogs, cats, domestic birds and other pets is subject to Carrier’s approval if such animals are properly crated and accompanied by valid health and vaccination certificates, entry permits and other documents required by countries of entry or transit. Such carriage may be subject to additional conditions specified by Carrier, which are available on request.
b) If accepted as baggage, the animal together with its container and food carried, shall not be included in the free baggage allowance of the passenger but constitute excess baggage for which the passenger shall pay the applicable rate.
c) Guide dogs accompanying passengers with disabilities will be carried free of charge in addition to the normal free baggage allowance, subject to the Carrier’s conditions.
d) Acceptance of carriage of all animals is subject to the condition that the passenger assumes full responsibility for such animal and the necessary permits and certificates, or the like. Carrier shall not be liable for injury to or loss, delay, sickness or death of such animal in the event that it is refused entry into or passage through any country, state or territory (unless such damage has been caused by Carrier’s negligence) and the person carrying the animal must reimburse Carrier for any fines, costs, losses or liabilities imposed or incurred by Carrier as a result.
Article 10: Schedules, delays, cancellation of flights
Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract.
Carrier may, without notice, substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity.
Schedules are subject to change without notice. Carrier will not be liable for errors or omissions in timetables or other publications of schedules and assumes no responsibility of making connections.
2. Cancellation, rerouting, delays
a) In case of circumstances beyond its control (including but not limited to meteorological conditions, force major cases, government orders, technical defects or others) Carrier may without notice cancel or delay a flight or previously confirmed space. If due to such circumstances Carrier cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a passenger’s stopover or destination place, or causes the passenger to miss a connecting flight on which the passenger holds a reservation, Carrier shall, at the passenger’s option, either:
i) carry the passenger, at the earliest opportunity, on another of its scheduled services on which space is available, without additional charge, and when necessary, extend the validity of his ticket, or
ii) make a refund, in accordance with the provisions of Article 11.
b) Upon the occurrence of any of the events set out in paragraph 2a) of this Article and except as otherwise provided for by the Convention or the law of the Republic of Moldova in force, the options outlined in sub-paragraphs i-ii) here above, are the sole and exclusive remedies the Carrier is obliged to offer the Passenger.
3. Denied boarding by overbooking
Unless other remedies have been provided by the Carrier to the passenger as here above stated, if Carrier is unable to provide previously confirmed space, it shall operate compensation to that passengers denied boarding in accordance with applicable law and Carrier’s denied boarding compensation policy.
Article 11: Refunds
If, on the part of Carrier or at the request of the passenger, carriage in accordance with the contract of carriage is not provided refund for an unused ticket or unused portion thereof shall be made by Carrier in accordance with the following paragraphs of this Article and pursuant to the relevant tariff regulations:
a) Except as hereinafter provided for in this Article, Carrier shall make a refund to the person who has paid for the ticket, upon presentation of a satisfactory proof of such payment.
b) Except in case of lost or stolen tickets, refunds will only be made on surrender to Carrier of the passenger coupon or passenger receipt and surrender of all unused flight coupons.
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, Carrier shall make a refund only to the person paying for the ticket or to that person’s order.
c) A refund made to anyone presenting the passenger coupon or the passenger receipt, all unused flight coupons, a power of attorney issued by the passenger or by the person having paid for the ticket, and holding himself out as a person to whom refund may be made under sub-paragraph a) here above, shall be deemed a proper refund and shall discharge Carrier from any liability and from any further claim for refund.
2. Involuntary refunds
If Carrier cancels a flight, fails to operate a flight reasonably according to schedule, fails to stop at a place to which the passenger is destined or ticketed to stopover, causes the passenger to miss a connecting flight on which the passenger holds a reservation, the amount of the refund shall be:
a) If no portion of the ticket has been used, an amount equal to the fare paid;
b) If a portion of the ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the ticket has been used.
3. Voluntary refunds
If the passenger wishes a refund of his or her ticket for reasons other than those set out in paragraph 2 of this Article, the amount of the refund shall be:
a) if no portion of the ticket has been used, an amount equal to the fare paid, less any service charges or cancellation fees;
b) if a portion of the ticket has been used, 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 service charges or cancellation fees.
4. Right to refuse refund
a) Carrier is entitled to refuse a refund when application thereof is made later than six months after the expiry of the validity of the ticket;
b) Carrier may refuse refund on a ticket which has been presented to Carrier or to Government officials of a country as evidence of intention to depart there from, unless it is established that the passenger has permission to remain in the country or that he will depart there from by another carrier or another means of transport.
All refunds will be subject to Government laws, rules and regulations of the country in which the ticket was originally purchased and of the country in which the refund is being made.
Subject to the foregoing provisions, refunds will normally be made in the currency in which the ticket was paid for or in another currency, according to the Carrier’s regulations.
6. By whom ticket refundable
a) Voluntary refunds will be made only by the carrier which originally issued the ticket or by its agent if so authorized.
b) Involuntary refunds will be made only by the carrier which originally issued the ticket.
Article 12: Conduct on board of the aircraft
a) If, in Carrier’s reasonable opinion, passenger conducts himself aboard the aircraft so as to endanger the aircraft, or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with instruction of the crew, including, but not limited to those with respect to smoking, alcohol or drug consumption, or behaves in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, Carrier may take such measures as it deems reasonably necessary to prevent continuation of such conduct, including restraint. Passenger may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.
b) For safety reasons, Carrier may forbid or limit operation aboard the aircraft of electronic equipment, including but not limited to cellular telephones, laptop computers, portable recorders, CD players, portable radios, electronic games or transmitting devices, radio controlled toys and walkie-talkies.
Operation of hearing aids and heart pacemakers is permitted.
Article 13: Arrangement for additional services
a) Carrier does not as a general rule maintain, operate or provide ground transfer services between airports or between airports and town centers. In cases where Carrier does provide or operate such ground transportation for its passengers these Conditions shall also apply thereto. Applicable charges for the use of transfer services operated by Carrier itself shall be payable by the passenger.
b) If Carrier makes arrangements for the passenger with any third party to provide any services other than carriage by air, or issues a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so Carrier acts only as the passenger’s agent. The terms and conditions of the third party service provider will apply.
Article 14: Administrative formalities
The passenger is responsible for obtaining all required travel documents and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which he transits. Carrier shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands and travel requirements, rules or instructions.
2. Travel documents
The passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or other requirements of the countries concerned and permit Carrier to take and retain copies thereof or otherwise to retain the data contained in the relevant documents. Carrier reserves the right to refuse carriage of any passenger whose travel documents are not complete. Carrier is not liable to the passenger’s failure to comply with the requirements of these Conditions of Carriage.
3. Refusal of entry
The passenger will be responsible to pay the applicable fare whenever Carrier, or Government order, is required to return a passenger to his place of departure or elsewhere, owing to the passenger’s inadmissibility into a country, whether of transit or of destination. Carrier may apply to the payment of such fare any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the point of refusal or denied entry will not be refunded by Carrier.
4. Passenger responsible for fines, detention costs, etc.
If Carrier is required to pay or deposit any fine or penalty or to incur any expenditure by reason of passenger’s failure to comply with laws, regulations, orders, demands or other travel requirements or to produce the required documents, the passenger shall on demand reimburse to Carrier any amount so paid or deposited and any expenditure so incurred. Carrier may use towards such expenditure any funds paid to Carrier for unused carriage or any funds of the passenger in the possession of Carrier.
5. Customs inspection
If required, the passenger shall attend inspection of his baggage, delayed and/or undelayed and checked and/or unchecked, by Customs and/or other Government officials. Carrier is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with this requirement.
6. Security inspection
Passenger shall submit to any security control by Government or airport officials or by Carrier.
7. Government regulations
Carrier is not liable if it determines that what it understands or may reasonably understand to be applicable law, Government regulation, demand, order or requirement, requires that it refuses and it does refuse to carry a passenger.
Article 15: Successive carriers
Carriage to be performed by several successive carriers under one ticket, or under a ticket and any conjunction ticket issued in connection therewith is regarded as a single operation for purposes of determine the application of the Convention to the transportation, it being understood that each Carrier is responsible only for the carriage it is performing on its own.
Article 16: Liability for damage
Carriage under these Conditions of Carriage is subject to the rules and limitations relating to liability established by the Convention, to the extent that the rules and limitations established by the Convention shall not apply if the carriage is domestic carriage.
Furthermore, Carrier’s liability in case of an accident occurred during international carriage is subject to the provisions of the European Union Council Regulation (EEC) No.2027/1997.
Domestic carriage is subject to these Conditions of Carriage and to applicable rules and regulations in force in the Republic of Moldova as well as to Moldavianlaws.
To the extent that the foregoing is not in conflict with the contents of these Conditions of Carriage and whether or not the Convention applies:
a) Carrier is not liable for any damages arising out from Carrier’s compliance with any applicable laws, regulations, orders, demands or requirements imposed by any governmental body.
b) Carrier is not liable for any damages arising out from passenger(s) non-compliance with any applicable laws, regulations, orders, demands or requirements imposed by any governmental body.
c) Liability of Carrier is limited only for damages occurred during carriage on flights or flight segments where Carrier’s designator code appears in the carrier box of the ticket issued for that flight or flight segment.
A Carrier issuing a ticket or checking baggage for the flights of another carrier does so only as agent for such another carrier. With respect to checked baggage, the passenger has the right of action against the issuing carrier or any other carrier who performed the carriage during which the damage occurred.
Carrier is not liable for damage to unchecked baggage, unless such damage is caused by the Carrier’s gross negligence, as proven by passenger.
d) Liability of Carrier is limited only to the amount of proven compensatory damages. In no event the Carrier is liable for indirect, incidental or consequential damages.
e) Liability of Carrier for any damages will be reduced by any negligence on part of passenger which causes or contributes to such damage in accordance with applicable laws. Nothing contained herein shall affect the rights of Carrier in respect of claims made by, or on behalf of, or in respect of a person whose willful misconduct caused damages to a passenger or his baggage.
f) Any exclusion or limitation of liability of Carrier under these Conditions of Carriage or applicable laws shall apply also to the agents, servants, employees and representatives of the Carrier, as well to any person whose aircraft is used by the Carrier and to agents, servants, employees and representatives of such person. The aggregate amount recoverable from Carrier, its agents, servants, employees, representatives and persons mentioned in this paragraph shall not exceed the amount of Carrier’s limit of liability.
g) Unless otherwise expressly stated, nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.
h) Notwithstanding the provisions of these Conditions of Carriage, if the carriage hereunder is performed by auto vehicles on public roads on Moldavian territory, the Carrier’s liability for passenger’s death or injury is limited in any case according to legislation in force.
2. Liability for personal injury and death
2.1. The following provisions apply to international carriage only:
a) In the event of an accident occurred during international carriage , Carrier’s limitation of liability as of Article 22(1) of the Convention, will not be invoked in case of death or personal injury of passengers within the meaning of Article 17 of the Convention. Carrier shall not be liable for any such damage sustained if:
– the death, wounding or any other bodily injury resulted from the state of health, physical or mental, of the passenger (such as, but not limited to pregnant women, persons with visible or declared physical or mental handicap, persons complaining for an inadequate state of health or for worsening the state of health at the embarking time, etc.);
– the damage has been caused or contributed to by the negligence or other wrongful act or omission of the passenger;
– Carrier has taken all necessary measure, to avoid the damage or it was impossible for Carrier to take such measures, under Article 20 of the Convention.
b) With respect to any claim arising out of death or personal injury within the meaning of Article 17 of the Convention, Carrier shall not avoid itself of any defense under Article 20 of the Convention with respect to such portion of a claim which does not exceed 113.100 SDR per passenger.
2.3. The following provisions apply to international carriage, in addition and in completion of provisions of article 2.1. above:
a) Except as otherwise provided hereof, Carrier reserves all defenses available under the Convention or under other applicable laws or regulations to any such claim. Carrier reserves all rights of recourse/regress against any third party, including but not limited to rights of contribution and indemnity.
b) The Carrier shall compensate the passenger for recoverable compensatory damages only and for the portion in excess of any payment received from any public social insurance or similar bodies.
c) Carrier is not liable for any illness, injury or disability , including death , or for the aggravation of condition of passengers whose age , mental or physical condition is such as to involve any hazard or risk to themselves during the Carriage.
3. Liability for baggage
a) The carrier is not responsible for any damage to objects that are not permitted in the registered baggage and fragile or perishable articles, items having a special value such as money, jewellery, computers, personal electronic equipments, medications, silverware, precious metals, securities, guarantees or other valuables, keys, business documents, passports and other identification documents or samples that are included in registered baggage, with or without the knowledge of the carrier.
b) Except in case of an act or omission of Carrier done with intent to cause damage or recklessly and with knowledge, that damage would probably result, Carrier’s liability for damages to checked baggage is limited to the sum of USD 20 (twenty) per kilogram, but no more than SDR, unless a higher value is declared in advance by the passenger and all additional charges required are paid pursuant to Carrier’s tariffs. In that event, the liability of Carrier for damages to checked baggage will be limited to such declared value.
c) Carrier is not liable for any damages to passenger or to passenger’s baggage caused by property contained in such baggage. Any passenger whose property causes damage to another passenger or his baggage or to any property of Carrier or to any property operated by Carrier shall indemnify Carrier for all losses and expenses of any nature incurred by Carrier as result thereof, according to Moldavian law.
d) In the event of delivery to passenger of a part but not all of checked baggage or in case of damages to a part but not all of his checked baggage, Carrier’s liability will be reduced proportionally on basis of baggage weight, regardless the value of such part of checked baggage. In the event that weight of the passenger baggage is not recorded on the baggage check, then the weight of such checked baggage will be automatically presumed that it does not exceed the applicable free baggage allowance corresponding to the class of carriage concerned.
e) Carrier is not liable for any damages to unchecked baggage unless the passenger proves that damages have been caused by Carrier’s gross negligence. If such gross negligence is proven, liability of Carrier for unchecked baggage is limited to the sum of USD 100 (One Hundred) per passenger in case of international carriage.
f) If the registered baggage that were damaged during the air transport, for which has been performed an act of observation before leaving the restricted area of customs / baggage strips of the airport of destination and has been sent a written complaint under the provisions of the Montreal Convention art. 31 points 1-4, the compensation will be given depending on the type of baggage, degree of damage and the calculated wear of it.
The wear of it is calculated as follows:
In the first year of use: the wear represents 20% of the acquisition value, according to the receipt of purchase.
Starting with the second year, to the wear value is added 10% per year, up to the ninth year of use.
g) The carrier is not liable for superficial damages arising from the normal handling of registered handed over luggage, such as:
– loss / destruction of pulling / security straps
– cuts and minor scratches, lint
– damages caused by over loaded luggage
– damages caused by the security control
– loss / damage to elements attached to the luggage that were not provided by the manufacturer and do not affect the normal subsequent use of the luggage (padlock, name tags, straps, covers, etc.)
4. Liability as a result of failure to provide carriage
In other events than force major or as referred to in Article 8 of these Conditions of Carriage, the liability of Carrier for damages resulting from its failure to provide carriage, attributable to causes for which it is responsible, is limited to reimbursement of reasonable expenses of the passenger for accommodation, meals, communication and ground transportation to and from the airport up to the time when Carrier is able to provide transportation either on its own services or on the services of another carrier.
Article 17: Time limitations on claims and actions
1. Notice of claims
No actions for damage to baggage shall be brought unless the person entitled to delivery complains to Carrier at the latest within seven days from the date of receipt.
No actions for damage due to delay of baggage shall be brought unless the person entitled to delivery complains to Carrier at the latest within twenty one 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.
2. Limitation of actions
Any right to damage shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the Court where the case is heard.
Article 18: Modification and deletion
No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.
Article 19: Interpretation
The title of each Article and paragraph of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
Article 20: Change of passenger’s passport data
1. Based on air carriers’ right to independently establish procedures and rules regarding changes of passport data in an already issued passenger’s ticket, or to refuse the provision of such ticket to a passenger (or to an agent who issued such ticket), FLY ONE airlines does not allow any changes of data after ticket issuance, by way of including any remarks in the куыукмфешщт.
2. The person making the booking bears the responsibility for the correctness of passenger’s personal data filled in.
3. In case of an error commited in the already issued ticket such as: the document number, the type of the document with which the passenger is traveling, the date of birth (except when the mistake made leads to a change in the category of passenger – child up to 2 years old (infant), child from 2 to 12 years (Child), adult (adult)), the issuance date of the document, the validity period of the document and the sex of the passenger, FLY ONE allows the correction of such errors only at the airport check-in desk, provided that during registration, the passenger himself informs the agent at the registration desk about the mistakes made in the ticket reservation. In case this condition is met, the registration agent representing FLY ONE, will correct errors commited in passenger’s personal data (the category which is indicated in this paragraph) free of charge, completing the procedure by issuing a boarding pass to the passenger at the airport check-in counter (regardless of whether or not the passenger has completed the web check-in on FLY ONE’s webite. The passenger whose personal data is wrongly submitted by himself or by the person making the reservation, and who didn’t follow the procedure mentioned in this paragraph for correcting such error, will not be allowed for the flight.
Correction of errors made with regards to the date of birth of the passenger, following the above mentioned procedure, whose correction leads to a change in the passenger category (see above) is not permitted. In this case, when applying for a refund of a ticket booked with such errors, the current tariff rules according to which the ticket was purchased will apply.
4. In the event that in an already issued ticket, the passenger or the person who made the reservation, identifies an error in the name or surname of the passenger, and the total number of proposed corrections does not exceed two letters (either two letters in the name, or two letters in the surname, or one letter in the name and one letter in the surname, or only one letter in the name, or only one letter in the surname), FLY ONE allows the correction of such errors only at the airport check-in desk, provided that during registration, the passenger informs himself the agent at the registration desk about the mistakes made in the ticket reservation. Correction of such errors as specified in this paragraph is possible only after the passenger has paid the registration fee established by the rules of tariff (Group of fares), regardless of whether or not the passenger has completed the web check-in. In case of a ticket in which such errors were committed and which is issued in accordance to a tariff (Group of fares) that, according to its rules does not require the payment of a registration fee at the airport check-in desk, the correction of errors specified in this paragraph is free of charge. After corections of errors, the passenger will be given a boarding pass at the airport check-in counter.
The passenger whose personal data is wrongly submitted by himself or by the person making the reservation, and who didn’t follow the procedure mentioned in this paragraph for correcting such an error, will not be allowed for the flight.
5. In the event that in an already issued ticket, the passenger or the person making the reservation identifies that the passenger’s name and surname are listed in the wrong order, FLY ONE allows the correction of such errors only at the airport check-in counter, provided that during registration, the passenger himself informs the agent at the registration desk about the mistakes made in the ticket reservation. In case this condition is met, the registration agent representing FLY ONE, will correct passenger’s personal data (the category which is indicated in this paragraph) free of charge, completing the procedure by issuing a boarding pass to the passenger at the airport check-in counter (regardless of whether or not the passenger has passed the web check-in on FLY ONE’s website. The passenger whose personal data is wrongly submitted by himself or by the person making the reservation, and who didn’t follow the procedure mentioned in this paragraph for correcting such error, will not be allowed for the flight.
6. FLY ONE does not allow changes of the name or surname due to passenger entering in a marriage, etc., if the number of proposed correction in the name or surname exceeds two letters (either two letters in the name, or two letters in the surname, or one letter in the name and one letter in the surname, or only one letter in the name, or only one letter in the surname).
In this case, when applying for a refund of a ticket booked with such errors, the current tariff rules according to which the ticket was purchased will apply.
ARTICLE 21 Feedback
In order to improve the quality of receiving calls from passengers of the airline, to ensure monitoring and to control the effectiveness of airline’s feedback on received calls, as well as in order to reduce the time consumed on processing each phone call, FLY ONE airlines establishes an uniform procedure for receiving requests from its passengers or potential partners, mentioned on the official website www.flyone.md, in the section “Contact us”.
Any request addressed to FLY ONE, should be made by filling in the appropriate form in the “Contact us” section, with the obligatory condition of filling in all the mandatory fields.
In accordance with airline’s internal standard, all requests which do not comply with the above mentioned procedure, will not be considered by the airline, and the sender will be informed about the need to submit an application on the official website of the airline, in the section “Contact us”.