General Conditions of Carriage - Passengers
“We”, “our”, “ourselves” and “us” means Villa Air Private Limited.
“You”, “your” and “yourself” 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”).
“Airline Designator Code” means the two-characters or three letters which identify particular air carriers.
“Authorized Agent” means a passenger sales agent or legal entity who we have appointed to represent us in the sale of air transportation on our services.
“Baggage” means your personal property accompanying you in connection with your trip.
Unless otherwise specified by us, it consists of both your Checked and Unchecked Baggage.
“Baggage Check” means those portions of the Ticket which relate to the carriage of your Checked Baggage.
“Baggage Identification Tag” means a document issued solely for identification of each piece of Checked Baggage.
“Checked Baggage” means Baggage of which we take custody and for which we have issued a Baggage Identification Tag.
“Check-in Deadline” means the time limit set by us by which you must have completed check-in and received your boarding pass.
“Codeshare” means an arrangement by which transportation is provided to a Passenger whose Ticket bears our airline designator code (“VP”) on a flight which is operated by a carrier other than us.
“Conditions of Carriage” means these conditions of carriage.
“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.
“Confirmed Reservation” means a booking for a flight or series of flights in circumstances where the following conditions apply: a seat is held from availability with the status as confirmed; payment has been taken in the form of credit card/debit card/travel agent MPD or cash paid at an airport all flight sectors are confirmed; the booking contains relevant details which are the same as the travel document held by the Passenger (e.g. name, contact details, flight number(s)); the Passenger has been advised that his or her travel booking is confirmed. A Confirmed Reservation will exist for the purposes of Article 9 only, where the Passenger has a ticket or other proof which indicates that the reservation has been accepted and registered by us or a Package Travel tour operator.
“Conjunction Ticket” means a Ticket which we have issued to you with relation to another Ticket which together constitute a single contract of carriage.
“Connecting Flight” means a subsequent flight providing onward travel on the same Ticket or a Conjunction Ticket.
“Coupon” means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it.
“Damage” includes, but is not restricted to, death of, wounding of, or bodily injury to a Passenger and loss of, damage to, or destruction of baggage. Additionally, it means damage occasioned by delay in the carriage by air of Passengers or Baggage.
“Days” mean all seven days of every 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.
“Denied Boarding” means a refusal to accommodate a passenger on a scheduled flight although he or she has a valid Ticket with a Confirmed Reservation on that flight.
“Montreal Convention” means Montreal Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, 28 May 1999.
“Passenger” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for “you”, “your” and “yourself”).
“Special Drawing Right” and “SDR” means the composite unit of currency that is the official unit of exchange of the International Monetary Fund.
“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 air carrier filed, where required, with the appropriate authorities.
“Ticket” means the Itinerary/Receipt, the Electronic Coupons and, if applicable, a boarding document, in each case issued by us or on our behalf, and includes the Conditions of Contract and notices.
“Unchecked Baggage” means any of your Baggage other than Checked Baggage.
“Warsaw Convention” means whichever of the following instruments are applicable to your carriage:
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 Protocol No. 1 of Montreal (1975);
THE Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975);
the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975);
Guadalajara Supplementary Convention (1961).
These Conditions of Carriage apply to all carriage by air of passengers and baggage, performed by us or where our Airline Designator Code appears in the ‘carrier’ box of your ticket.
2.2 Overriding Law
2.2.1 These Conditions of Carriage apply unless they are inconsistent with our Tariffs or applicable laws which apply to your contract of carriage, in which case such Tariffs or applicable laws shall prevail.
2.2.2 If any part of this Conditions is invalid under any applicable law, the other parts shall remain valid.
2.3 Conditions Prevail over Policies or Procedures
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any policy or procedure we may have dealing with a particular subject, these Conditions of Carriage shall prevail.
We will provide carriage only to the Passenger named on the Ticket, and you may be required to produce appropriate identification (such as valid passport, national identity card, work permit).
A Ticket is not transferable. You shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon or Electronic Coupon for that flight and all other unused Flight Coupons or Electronic 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 the Ticket Issuer. Any enquiries about lost or incomplete Tickets should be addressed to the Ticket Issuer.
3.3 Loss of Ticket
In case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, we may at the passenger’s request and subject to our policies and procedures replace such Ticket (or part of it) by issuing a new Ticket, provided that a Ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs or losses up to the value of the original Ticket, which are necessarily and reasonably incurred by us or another carrier for misuses of the Ticket. The Ticket Issuer may charge a reasonable administration fee for this service.
Except as otherwise provided on the Ticket, in these Conditions of Carriage, or in any applicable Tariffs, (which may limit the validity of a Ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for one year from date of payment.
3.5 Name and Address of Carrier
Our name may be abbreviated in the ticket as our Airline Designator Code VP. Our address is:
- Green, 7th Floor
Republic of Maldives
Phone: +960 3013000
4.1.1 The prices drawn up at the time of agreement are based on current rates, taxes and prices at that time. We reserve the right to adjust the prices of air carriage, if government and other public bodies impose a new fee, charge or tax directly related to the service of air carriage. The base fuel rate used to quote the base tariff is taken as US$ 1.0000 (one United States dollars) per liter.
4.1.2 Prices of your tickets will vary with fluctuation in the fuel prices as per the fuel and tax clause given as part of the contract. For the validity of this contract, for every US$ 0.050 (five United States cents) the ticket price will increase by the respective fuel surcharge, which in this contract is at US$ 0.750 (United States seventy-five cents) per one-way ticket or US$ 1.5000 (one and a half United States dollars) for one return ticket. This only applies for booking requests and payments that are processed after the increase of fuel price.
4.1.4 Prices proposed in the agreement covers only the air carriage of passengers and their accompanying baggage to the ticketed destination. Charges which may be incurred for other services are not included in the passenger tariffs. Payments for services should be made in conformity with the rules and regulations of all the governments concerned and must be accompanied with the authorization to convert the currency as required by the Carrier. Any refunds made by us will be made in United States Dollars, or the equivalent amount in Maldivian Rufiyaa based on the prevailing exchange rates at that time.
4.1.5 The taxes, fees and charges on air travel are constantly changing and can be imposed after you have made your booking, after the date of issue of your Ticket, and either before or after you have made full payment to us for your Ticket. If there is an increase in a tax, fee, charge applicable to your Ticket, where permitted by law and applicable regulations you agree to pay it.
4.1.6 Likewise, if a new tax, fee, charge is imposed or introduced even after you have made full payment to us and/or after the date of issue of your Ticket, where permitted by law or applicable regulations you agree to pay it.
5.1 Reservation Requirements
5.1.1 We or our Authorized Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).
5.1.2 Certain fares have conditions which limit or exclude your right to change or cancel reservations. These will be advised to you at the time of booking.
5.2 Ticketing time limits
If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorized Agent, we may decide to cancel your reservation.
5.3 Cancellation and Rebooking
All cancellations or change of reservations by you should be made at least 48 (forty-eight) hours in advance to the date of intended travel.
6.1 You must report to the designated check-in counters at least 75 (seventy-five) minutes prior to the intended time of departure.
6.2 You must be present at the boarding gate no later than 30 minutes prior to the scheduled time of departure.
6.3 We may decide to cancel the space reserved for you or change your seat assignment within your ticketed class of carriage 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 due to your failure to comply with the provisions of this Article.
7.1 Right to Refuse Carriage
We may decide to refuse to carry you and/or your Baggage (even if you hold a valid Ticket) if one or more of the following has happened or we reasonably believe might happen:
7.1.1 refusal to carry is necessary (or we reasonably believe it to be necessary) in order to comply with any applicable government laws, regulations or orders; or
7.1.2 whenever such action is necessary or advisable by reason of weather or other conditions beyond our control (including but without limitation), force majeure, acts of God, strikes, civil commotions, embargoes, wars, hostilities, or disturbances that are actual, threatened or reported;
7.1.3 you commit a criminal offence during any of the operations of embarkation on your flight, or disembarkation from a connecting flight, or on board the aircraft; or
7.1.4 you fail to observe safety or security instructions of, or obstruct or hinder, ground staff in the performance of their duties; or
7.1.5 you use threatening, abusive or insulting words or behave in a threatening, abusive or insulting manner to ground staff or members of the crew prior to or during boarding the aircraft or disembarkation from a connecting flight; or
7.1.6 the carriage of you and/or your Baggage may endanger or affect, or has endangered or affected, the safety of the aircraft or anyone on the aircraft; or
7.1.7 carriage of you and/or your Baggage may endanger or affect the safety or health of you, other passengers or members of the crew; or
7.1.8 carriage of you or your Unchecked Baggage may materially affect the comfort of other passengers; or
7.1.9 your mental or physical state, appears to present a hazard or risk to yourself, to passengers, to crew, to the aircraft or any person or property in it and/or additionally where such impairment is caused by, for example, alcohol or drugs and represents a likely source of material annoyance or discomfort to other passengers; or
7.1.10 you have refused to submit to a security check for yourself or your Baggage; or
7.1.11 you fail to observe our instructions with respect to safety or security and comfort of other passengers on matters such as, but not limited to, seating, storage of Unchecked Baggage, smoking or use of drugs, use of electronic equipment including, but not limited to mobile/cellular phones, laptop computers, PDAs, portable recorder, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices; or
7.1.12 you are, or we reasonably suspect you are, in the unlawful possession of drugs; or
7.1.13 you have made a hoax bomb or hijack threat; or
7.1.14 you have not paid the applicable fare, taxes, fees or charges for your journey; or
7.1.15 you have failed to pay for goods or services purchased from us on the ground or on board our aircraft including but not limited to duty free goods; or
7.1.16 you do not appear to have valid travel documents, or you seek, or may seek, to enter a country through which you may be in transit or for which you do not have valid travel documents, or you destroy, or may destroy, your travel documents during flight, or you refuse to allow us to copy your travel documents or you refuse to surrender your travel documents to the flight crew, against receipt, when so requested; or
7.1.17 you do not appear to be able to meet requisite visa requirements in relation to any country through which you may be in transit or into which you may seek entry; or
7.1.18 we have been informed by the immigration or other authorities of the country to which you are travelling, or for a country in which you have a stopover planned, that you will not be permitted entry to such country even if you have valid travel documents; or
7.1.19 you have failed to give us information in your possession which a governmental authority has lawfully asked us to give about you; or
7.1.20 you present a Ticket that has been acquired unlawfully, appears to be falsified, has been purchased from or issued by an entity other than us or our Authorized Agent, or has been reported as being mutilated, lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the Ticket; or
7.1.21 you present a Ticket which has been issued or altered in any way, other than by us or our Authorized Agent, or the Ticket is mutilated or spoilt; or
7.1.22 we have notified you in writing that we would not at any time after the date of such notice carry you on our flights or if the aircraft’s weight limitations or seating capacity prevent carriage of some Passengers and/or Baggage; or
7.1.23 you do not appear, and cannot reasonably satisfy us otherwise, that you are medically fit to fly, as required by Article 7.2; or
7.1.24 you, or someone who is legally responsible for you if you are a minor, has failed to comply with the requirements of Article 7.3; or
7.1.25 you, or someone for whom you are responsible travelling with you (such as, but not limited to, a minor) is not permitted by law, court order or bail conditions from leaving the jurisdiction of the place of departure of the aircraft; or
7.1.26 you have previously committed one of the acts or omissions referred to above or have committed misconduct on a previous flight of the type referred to in Article 10; or
7.1.27 if there is a discrepancy between the name shown on your reservation, ticket and passport or national identification card.
7.2 Fitness to fly
7.2.1 Prior to boarding the aircraft for carriage you must be reasonably satisfied that you are medically fit to fly. No medical examination is necessary unless you have any reason to suspect, or ought reasonably to know, that you have a condition which might be exacerbated by the normal operation of an aircraft or could cause you difficulty if you are unable to gain access before the end of your flight to professional medical assistance. If you have any doubt whatsoever you are obliged to seek professional medical advice before flying with us. Whenever you are aware of a health condition of the type just mentioned, but have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication), it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight, as the case may be and that you are able, if requested to do so, to produce written evidence of your fitness to fly.
7.2.2 If we request written evidence of your fitness to fly it is either your responsibility or the responsibility of a specialist repatriation company or other agent acting on your behalf to ensure that the evidence provided to us is complete and accurately reflects your current state of health. If, after providing written evidence of your fitness to fly we accept you as a passenger and:
188.8.131.52 a flight is required to be diverted as a direct result of your health; and
184.108.40.206 we have reasonable grounds to believe that information or evidence of your fitness to fly was either inaccurate, incomplete, out of date or withheld from us at the time you were asked to produce it
we will not be responsible for any fines, detention, medical or repatriation costs incurred by you and we reserve the right to seek reimbursement of any costs we incur as a result.
7.3 Special assistance
7.3.1 Acceptance for carriage of unaccompanied children, incapacitated persons, persons who are disabled or have limited mobility, pregnant women, persons with illness or other people with special needs requiring special assistance (such as a wheelchair) is subject to our prior agreement in line with our policies and procedures and applicable laws. Any Passenger accepted by us for carriage, shall not subsequently be refused carriage on the basis of such disability or special requirements unless they fail to comply with these Conditions of Carriage including, but not limited to, Articles 7.1 or 7.2.
7.3.2 You must let us know what assistance you may need at the airport at least 48 hours prior to the scheduled time of departure so we can let the relevant managing body know so they can make arrangements.
7.4 Acceptance of Passenger
We will once again accept the passenger for carriage at our own discretion, if the condition preventing us from accepting the passenger had been rectified through the appropriate channels.
8.1 Free Baggage Allowance
8.1.1 Your Ticket may or may not allow for an amount of baggage, free of charge, subject to our conditions and limitations, which may be available on our website and other publications or on request from any Authorized Agent or your Ticket Issuer.
8.1.2 Single items in excess of 32 kilograms will not be accepted for carriage as Checked Baggage. Priority will always be given to carriage of Checked Baggage within the applicable free baggage allowance.
8.1.3. Passengers with reduced mobility have further rights with regard to the carriage of mobility aids.
8.2 Excess Baggage
You will be required to pay an extra charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us, our Authorized Agent or on our website. Carriage of excess Baggage is subject to available space on your flight.
8.3 Items Unacceptable as Baggage
8.3.1 You must not include in your Baggage:
220.127.116.11 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air or our procedures;
18.104.22.168 items the carriage of which are prohibited by applicable laws, regulations or orders;
22.214.171.124. items which are considered by us to be unsuitable for carriage by reason of their weight, size, shape or character, or which are fragile or perishable;
126.96.36.199. animals, including birds and reptiles;
8.3.2 You must not include in Checked Baggage money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
8.3.3 If, despite being prohibited, any items referred to in this Article are included in your Baggage, we shall not be responsible for any loss or damage to such items. In addition, failure to comply with such requirements may result in severe criminal penalties being brought against you and you shall also be liable for any costs resulting from any disruption incurred by us as a result of you not complying with this requirement and we shall be entitled to refuse you carriage on any return or subsequent flight.
8.4 Right to refuse carriage
8.4.1 We will refuse to carry as Baggage the items described in Article 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.
8.5 Right of Search
For reasons of safety and security, you and your Baggage may be searched by hand or by X-ray or other type of scan. If you are not available, your Baggage may be searched in your absence. If you are unwilling to comply with our requirements, we may refuse to carry you and your Baggage. In the event a search or scan causes Damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.
8.6 Checked baggage
8.6.1 Upon delivery to us of your Baggage which you wish to check we will take custody of, and issue a Baggage Identification Tag for each piece of your Checked Baggage.
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 flight. If your Checked Baggage is carried on a subsequent flight, we will deliver it to you
8.7 Unchecked baggage
8.7.1 We may specify maximum dimensions and/or weight for Unchecked Baggage which you carry on to the aircraft. If we have not done so, Unchecked Baggage which 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 Unchecked Baggage cannot be stored in this manner, or is of excessive weight (with reference to the limits as stated in your Ticket or publicized by us), or is considered unsafe for any reason, or is causing discomfort to passengers and crew due to smell or appearance, it must be carried as Checked Baggage.
8.8 Collection and delivery of checked baggage
8.8.1 Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we will dispose of it without any liability to you. However, we reserve the right to document and dispose of any perishable items, if such items decompose before the three (3) month period.
8.8.2 Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage. We cannot take any responsibility for ensuring that the bearer of the Baggage Check is entitled to delivery.
8.8.3 If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
9.1 Scheduling and Delays
9.1.1 We will use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. However, to do so, we may need to use a substitute aircraft and/or the services of another carrier. We may also be obliged to change the time of flights, often for reasons beyond our control and consequently times shown in the Ticket, timetables or elsewhere cannot be guaranteed. If you provide us with contact information, we will use our best endeavors to notify you of any such changes.
9.1.2 For operational reasons or unusual or unforeseen circumstances, delays may occur, but we will take all reasonable measures to avoid delay in carrying you and your Baggage. In the exercise of these measures and in order to prevent a flight cancellation, at our discretion we may arrange for a flight to be operated on our behalf by another carrier and/or aircraft.
9.1.3 We will not be obliged to operate our flights over a particular route, and we can, within reasonable time limits, select the routes to be flown over or deviate from.
9.2 Force Majeure
We may cancel or delay a flight without being liable to pay any cancellation fee or compensation whatsoever in the event that the flight cannot be performed or completed due to any cause beyond the control of us including – but not limited to – strikes, lockouts, civil commotion, war or warlike operations or imminence thereof, riots, blockade, embargo, acts or omissions of government authorities including all civil aviation authorities, acts of God, fire, floods, tsunamis, tidal waves, hurricanes, fog, storms, epidemics, quarantine, hijacking, requisition of aircraft by State authorities, or if the safety of passengers and/or property is deemed to be at risk by the pilot in command or operational supervisor/station manager in charge of the flight.
11.1 Travel Document
Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement 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.
11.2 Passenger Responsible for Fines, etc.
If we are required to pay any fine or penalty or detention costs or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of either us or the countries concerned, or to produce the required documents, you shall reimburse us on demand any amount so paid or expenditure so incurred.
11.3 Security Inspection
You shall submit to any security checks by governments, airport officials, carriers or by us.
11.4 Personal Data
11.4.1 Your personal data is very important and thus handled and protected with the greatest possible care. We take the security and protection of customer data very seriously. As such we use procedural and technical safeguards to protect your data against loss or theft as well as unauthorized access and undue disclosure. If, however, you do not take reasonable care to ensure the continued confidentiality and accuracy of your data security, we will not be liable for any consequential misuse and/or fraud.
11.4.2 You will recognize that your personal data has been given to us for the purposes of making a reservation for carriage and obtaining ancillary services, and that making available such data to government agencies who may share such personal data with other government agencies is beyond our control. For these purposes, you authorize us to retain such data and to transmit it to our own offices, other carriers or the providers of such services. Moreover, certain laws and regulations may require that we provide information on or permit access to your data.
13.1 Death or Injury to Passengers
As your carrier, Villa Air Private Limited and our employees and agents undertaking the execution of the process of air carriage shall not be subjected to liabilities higher than those set forth by the Montreal convention of 1999. The limit of liability for bodily damage or death during carriage (as defined by this conventions) is limited to 100,000 Special Drawing Rights (which is around USD 140,000.00) for any one occurrence. However, we will not be liable to this if it were able to prove that such damage was not a result of our negligence, or if we successfully prove that such damage was caused solely by the negligence of a third party.
13.2.1 To the extent not being in conflict with the foregoing, our liability for the loss, delay or damage to the content of checked baggage is limited to USD 20.00 (Twenty American Dollars) per kilogram unless the baggage had been accepted under a special declaration.
13.2.2 We will not be held liable for loss or damage of unchecked baggage unless it is proven that the loss or damage was caused by our recklessness or negligence. In any event we will not be liable for any loss, damage to, or delay in delivery of perishable articles, money, jewellery, silverware, negotiable papers, securities or other valuable business documents, passports and other identification documents or samples or medicines or drugs which are included in your checked baggage.
13.2.3 If a bag is damaged while under our care and is unsuitable for onward travel, it can be replaced to a maximum of $130 (United States Dollars One Hundred and Thirty) on condition that the correct documentation has been completed by our staff and the claim is submitted within 7 working days. In such case you can decide whether to accept the replacement bag or the payment transferred to a bank of choice.
Our aircraft are adequately insured as per international and Maldivian Civil Aviation Regulations, and the passengers and their belongings are adequately covered in case of accidents, and personal injury.
14.1 Notice of claims
If the person with a Baggage Check or a baggage identification tag receives checked baggage and did not file a complaint at the time of receipt, it will be presumed that it was delivered in good condition (unless that person can prove otherwise).
If you wish to file a claim or an action regarding:
(a) Damage to Checked Baggage, you must notify us as soon as you discover the Damage at the Checked Baggage claim area.
(b) delay of Checked Baggage, you must notify us in writing within twenty-one (21) days from the date the Baggage has been made available to you; and
(c) loss of Checked Baggage, you must do so after twenty-one (21) days from the date the Baggage should have been made available to you.
14.2 Limitation of actions
Any right to claim for Damage shall be extinguished if an action is not brought within two (2) 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.
Carriage of you and your Baggage is also provided in accordance with certain other regulations, policies and conditions applying to or adopted by us. These regulations, policies and conditions (as varied from time to time) are important and can be obtained upon request. They concern, among other things; the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices and items, security, data privacy, forbidden items in Baggage, limits on size and weight of Baggage and airport operational policies.
No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.
The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
Disputes shall be endeavored to be settled through discussion and mutual agreement failing which such can be submitted to the courts of law in Maldives.
17.3 Governing Law
These conditions of carriage shall be governed and interpreted in accordance with the laws of Maldives.
General Conditions of Carriage – Cargo
1.1 “Agent” means any person who has authority, express or implied, to act for or on behalf of carrier and/or consignor in relation to the carriage of cargo.
1.2 “Air Waybill” means the document entitled “Air Waybill” made out by or on behalf of the shipper, which evidences the contract between the shipper and carrier for carriage of cargo over routes of carrier.
1.3 “Applicable Convention” means, unless the context requires otherwise, whichever of the following instruments applicable to the contract for carriage:
1.3.1 the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the “Warsaw Convention”);
1.3.2 the Warsaw Convention as amended at The Hague on 28 September 1995;
1.3.3 the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975; and
1.3.4 the Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975.
1.4 “Cargo” means anything carried or to be carried in an aircraft except mail, or baggage carried under a passenger ticket and baggage check, but includes baggage moving under an air waybill or shipment record, and which term is equivalent to the term “Goods”.
1.5 “Carriage” means carriage of cargo by air or by another means of transport, whether gratuitously or for reward, and is equivalent to the term “Transportation”.
1.6 “Carrier” means and includes the air carrier issuing the air waybill or preserving the shipment record and call carriers that carry or undertake to carry the cargo or to perform any other services related to such carriage.
1.7 “Charges Collect” means the charges entered on the air waybill or shipment record for collection from the Consignee against delivery of the shipment.
1.8 “Consignee” means the person whose name appears on the air waybill or shipment record, as the party to whom the shipment is to be delivered by the carrier.
1.9 “Days” means full calendar days, including Fridays and legal holidays, provided that for purposes of notification the balance of the day upon which notice is dispatched shall not be counted.
1.10 “Delivery Service” means the surface carriage of inbound shipments from the airport of destination to the address of the consignee or that of his designated agent or to the custody of the appropriate government agency when required.
1.11 “Pick-up Service” means the surface carriage of outbound shipments from the point of pick-up at the address of the shipper or that of his designated agent to the airport of departure, including any incidental surface carriage between airports.
1.12 “Shipment” means, except as otherwise provided herein, one of more packages, pieces or bundles of cargo accepted by carrier from one shipper at one time and at one address, receipted for in one lot and under a single air waybill or a single shipment record, for carriage to one consignee at one destination address, and is equivalent to the term “consignment”.
1.13 “Shipment Record” means any record of the contract if carriage preserved by carrier, evidenced by means other than an air waybill.
1.14 “Shipper” means the person whose name appears on the air waybill or shipment record, as the party contracting with carrier for the carriage of cargo, and is equivalent to the term “consignor”.
1.15 “Special Drawing Right” means a special drawing right as defined by the International Monetary Fund.
These conditions shall apply to all carriage of cargo, including all services incidental thereto, performed by or on behalf of carrier; provided however that if such carriage is “International Carriage” as defined in the applicable convention, such carriage shall be subject to the provisions of applicable convention and to these conditions to the extent that these conditions are not inconsistent with the provisions of such convention.
2.2 Applicable laws and carrier’s tariffs
To the extent not in conflict with 2.1 all carriage and other services performed by carrier are subject to:
2.2.1 appliable laws (including national laws implementing a convention or extending the rules of the applicable convention to carriage which is not “International Carriage” as defined in the appliable convention) government regulation, orders and requirements;
2.2.2 these conditions and other appliable tariffs, rules, regulations and time tables (but not the times of departure and arrival therein specified) of carrier which may be inspected at any of its offices and at airports from which it operates regular services.
2.3 Gratuitous carriage
With respect to gratuitous carriage, carrier reserves the right to exclude the application of all or any part of these conditions.
With respect to carriage of cargo performed pursuant to a charter agreement with carrier, such carriage shall be subject to carrier’s charter tariffs appliable thereto (if any) and these conditions shall not apply except to the extent provided in said charter tariff. Where carrier has no charter tariff applicable to such charter agreement, these conditions shall apply to such agreement except that carrier reserves the right to exclude the application of all or any part of these conditions and, in case of divergence between the applicable provisions of these conditions and the conditions contained or referred to in the charter agreement, the latter shall prevail and the shipper, by accepting carriage pursuant to a charter agreement, whether or not concluded with the shipper, agrees to be bound by the applicable terms thereof.
2.6 Change without notice
These conditions and the published rates and changes are subject to change without notice except to the extent otherwise provided by applicable law or government regulations or order; provided however that no such change shall apply to a contract of carriage after the date of issuance of the air waybill by carrier or after the date the rate or change for the carriage has been entered in the shipment record.
2.7 Effective rules
All carriage of cargo governed by these conditions shall be subject to carrier’s rules, regulation and tariffs in effect on the date of the issuance of the air waybill by carrier or on the date of the shipment record, whichever is applicable, provided that in the event of inconsistency between these conditions and carrier’s rules, regulations and tariffs, these conditions shall prevail.
3.1 Cargo acceptable
3.1.1 Carrier undertakes to transport, subject to the availability of suitable equipment and space, all shipments, unless otherwise excluded by carrier’s regulations and provided:
188.8.131.52 the transportation, or the exportation or importation thereof is not prohibited by the laws or regulations of any country or destination to be flown from, to or over;
184.108.40.206 they are packed in a manner suitable for carriage by aircraft;
220.127.116.11 they are accompanied by the requisite shipping documents; and
18.104.22.168 they are not likely to endanger aircraft, persons or property, or cause annoyance to passengers.
3.2 Valuation limit of shipment
Carrier may refuse carriage of shipments having a declared value for carriage in excess of the amount specified by the carrier in its policies.
3.3 Packing and marking of cargo
3.3.1 Shipper is responsible for ensuring that the cargo is packed in an appropriate way for carriage so as to ensure that it can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property.
3.3.2 Each package shall legibly and durably marked with the name and full address of the shipper and consignee.
3.3.3 Shipper is responsible for packing cargo so as to protect if from all weather conditions to which is may be exposed.
3.3.4 Packages containing valuables must be sealed if so requested by carrier by a method approved by carrier.
3.4 Cargo acceptable only under prescribed conditions
Dangerous goods, live animals, perishables, fragile goods, human remains, and other special cargo are acceptable only under the conditions set forth un carrier’s regulations applicable to the carriage or such cargo.
3.5 Responsibility for non-observance of conditions relating to special cargo
The shipper shall indemnify and hold harmless the carrier for any loss, damage, delay, liability or penalty which carrier may incur because of any non-observance of any condition relating to carriage of any special cargo.
3.6 Dangerous goods
The shipper shall not tender for carriage any incendiary device, volatile or explosive cargo or cargo which is or may become dangerous, inflammable or offensive or which is or may become liable to damage any property whatsoever without presenting a full description disclosing the nature of such cargo, and in any event the shipper shall be liable for all loss and damage caused thereby.
If in the sole opinion of the carrier the cargo becomes or is liable to become dangerous, inflammable, explosive, volatile, offensive or damaging in nature, the same may at any time be retained, destroyed, disposed of, abandoned or rendered harmless by carrier without compensation to the shipper and without prejudice to carrier’s right to any charges hereunder and at the cost of the shipper.
3.7 Carrier’s right of inspection
Carrier reserves the right to examine and inspect the packaging and contents of all shipments and to enquire into the correctness or sufficiency of information or documents tendered in respect of any shipment but carrier shall be under no obligation to do so.
3.8 Unit Load Devices
When shipper undertakes to load a unit load device (“ULD”) he must comply with carrier’s loading instructions and shall be liable for and indemnify carrier against all consequences of any non-compliance with such instructions.
3.9 Compliance with laws and regulations
The shipper warrants that they have complied with all laws and regulations relating to the nature, packaging, labelling, storage or carriage of cargo, and that the cargo is packed in a manner adequate to withstand the ordinary risks of carriage having regard to its nature, and further the shipper hereby indemnifies carrier for any liability whatsoever and all costs and expenses resulting from or arising out of the shipper’s failure to comply with each of these warranties, including but not limited to compliance with the applicable Dangerous Goods Regulations.
3.10 Refusal of carriage
Carrier reserve the right without assuming any liability to refuse carriage of cargo in its own absolute discretion.
4.1 Air waybill
The shipper shall make out or have made out on his behalf, an air waybill in the form, manner and number of copies prescribed by carrier, and shall deliver such air waybill to carrier simultaneously with the acceptance of the cargo by carrier for carriage.
However, charges for carriage and other charges, insofar as they have been ascertained, shall be inserted in the air waybill by carrier. Carrier may require the shipper to make out or have made out on his behalf, separate air waybills when there is more than one package.
4.2 Shipment record
Carrier, with the express or implied consent of the shipper, may substitute for the delivery of an air waybill a shipment record to preserve a record of the carriage to be performed. If such shipment record is used, carrier shall, if so requested by the shipper, deliver to the shipper in accordance with carrier’s regulations a goods receipt permitting identification of the shipment and access, in accordance with carrier’s regulation, to the information contained in the shipment record.
4.3 Apparent condition/packing of the cargo
If the apparent order and condition of the cargo and/or packing is in any way defective the shipper shall, if any air waybill is delivered, include on the air waybill a statement of such apparent order and condition. If no air waybill is delivered the shipper shall advise carrier of the apparent order and condition of the cargo, to enable carrier to insert an appropriate reference thereto in the shipment record.
However, if the shipper fails to include such statement in the air waybill or to advise carrier of the apparent order and condition of the cargo, or if such statement or advice is incorrect, carrier may include in the air waybill or insert in the shipment record a statement of the apparent order and condition of the cargo or note a correction thereto.
4.4 Preparation, completion or correction by carrier
Carrier may at the expressed or implied request of the shipper, make out the air waybill in which event, subject to proof to the contrary, carrier shall be deemed to have done so on behalf of the shipper. It is the responsibility of the shipper to ensure that the air way bill handed over with the cargo or, where applicable, contains all required particulars which must be complete and correct.
If the air waybill handed over with the cargo or if the particulars and statements relating to the cargo furnished by or on behalf of the shipper to carrier for insertion in the shipment record do not contain all the required particulars, or if the air waybill or such particulars or statements contain any error, carrier is authorized to complete or correct the air waybill or particular or statements to the best of carrier’s ability without being under any obligation to do so.
4.5 Responsibility for particulars
The shipper is responsible for the correctness of the particulars and statements relating to the cargo inserted by him or on his behalf in the air waybill or furnished by him or on his behalf to carrier for insertion in the shipment record. The shipper shall indemnify carrier against all damages suffered by the shipper or by any other person to whom carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the shipper or on his behalf.
Air waybills, the writing on which has been altered or erased, need not be accepted by carrier.
5.1 Applicable rates and charges
Rates and charges for carriage governed by these conditions are those duly published by carrier and in effect on the date of the issuance of the air waybill by carrier, or on the date the rate or charge for the carriage has been entered in the shipment record.
5.2 Basis of rates and charges
Rates and charges will be based on the units of measurement and subject to the rules and conditions published in carrier’s regulations and rate tariffs.
5.3 Services not included in published rates and charges
Except as otherwise provided in carriers’ regulations, rates and charges apply only from airport to airport and do not include any ancillary service given by carrier in connection with the air carriage.
5.4 Payment of charges
5.4.1 Rates and charges are published in the currency shown in the applicable rate tariffs and may be paid in any currency acceptable to carrier. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by carrier, the current statement of which is available for inspection at carrier’s office where payment is made.
5.4.2 Carrier reserves the right not to accept rates and charges in a currency other than the currency in which the rate or charge is published.
5.4.3 Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments, made or incurred or to be incurred by carrier and any other sums payable to carrier, will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the destination specified in the contract of carriage. All such charges, sums and advances will be due and payable upon receipt of the cargo by carrier, except that they may be collected by carrier at any stage of the service performed under the contract of carriage.
5.4.4 The shipper guarantees payment of all unpaid charges, unpaid charges collect, advances and disbursements of carrier. The shipper also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which carrier may incur or suffer by reason of the inclusion in the shipment of articles the carriage of which is prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the cargo, or the absence, delay or incorrectness of any export or import license or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. Carrier shall have a lien on the cargo for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale (provided that prior to such sale, carrier shall have mailed notice thereof to the shipper or to the consignee at the address stated in the air waybill) and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the shipper and the consignee shall remain jointly and severally liable. By taking delivery or exercising any other right arising from the contract of carriage, the consignee agrees to pay such charges, sums and advances, except prepaid charges.
5.4.5 If the gross weight, measurement, quantity or declared value of the cargo exceeds the gross weight, measurement, quantity or declared value on which charges for carriage have been previously computed, carrier shall be entitled to require payment of the charge on such excess.
5.4.6 Charges collect shipments will be accepted only to countries or destinations listed in carrier’s regulations and subject to the conditions contained therein. In any event carrier reserves the right to refuse shipments on charges collect basis to any country or destination where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries. Information on countries or destinations to which charges collect service is available may be obtained from offices and representatives of carrier.
5.4.7 All charges applicable to a shipment are payable at the time of acceptance thereof by the carrier in the case of a prepaid shipment, i.e. a shipment on which the charges are to be paid by the shipper, or at the time of delivery thereof by the carrier in the case of a collect shipment, i.e. a shipment on which the charges are to be paid by the consignee.
5.4.8 Carrier may cancel the carriage of the shipment upon refusal by the shipper, after demand by carrier, to pay the charges or portion thereof so demanded, without carrier being subject to any liability therefor.
6.1 Compliance with government requirements
6.1.1 The shipper shall comply with all applicable laws, customs and other government regulations of any country or destination to, from, through or over which the cargo may be carried, including those relating to the packing, security, carriage or delivery of the cargo, and shall, together with the shipment, furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. Carrier shall not be obliged to inquire into the correctness or sufficiency of such information or documents.
Carrier shall not be liable to the shipper or any other person for loss or expense due to shipper’s failure to comply with this provision. The shipper shall be liable to carrier for any damage occasioned by the failure of the shipper to comply with this provision.
6.1.2 Carrier shall not be liable for refusing to carry any shipment if carrier reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement.
6.2 Disbursements and customs formalities
Carrier is authorized (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursement with respect to the cargo and the shipper and consignee shall be jointly and severally liable for the reimbursement thereof. No carrier shall be under obligation to incur any expense or make any advance in connection with the forwarding or re-forwarding of the cargo except against prepayment by the shipper. If it is necessary to make customs entry of the cargo at any stopping place, and no customs clearance agent has been named on the face of the air waybill or in the shipment record, the cargo shall be deemed to be consigned to the carrier carrying the cargo to such place. For any such purpose a copy of the air waybill, or of the shipment record, certified by the carrier, shall be deemed original.
6.3 Schedules, routings and cancellations
6.3.1 Times shown in carrier’s timetables or elsewhere are approximate and not guaranteed and form no part of the contract of carriage. No time is fixed for commencement or completion of carriage or delivery of cargo. Unless specifically agreed otherwise and so indicated in the air waybill or shipment record, carrier undertakes to carry the cargo with reasonable dispatch but assumes no obligation to carry the cargo by any specified aircraft or over any particular route or routes, or to make connections at any point according to any particular schedule. Carrier is hereby authorized to select or deviate from the route or routes of the shipment, notwithstanding that the same may be stated on the face of the air waybill or in the shipment record. Carrier is not responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of carrier is authorized to bind carrier by any statements or representations of the dates or times of departure or arrival, or of operation of any flight.
6.3.2 Carrier is authorized to carry the consignment without notice wholly or partly by any other means of surface transportation or to arrange such carriage.
6.3.3 Carrier reserves the right without notice, to cancel, terminate, divert, postpone, delay or advance any flight, or the further carriage of any cargo, or to proceed with any flight without all or any part of the cargo, in its own absolute discretion.
6.3.4 In the event any flight is cancelled, diverted, postponed, delayed or advanced or is terminated at a place other than the place of destination or in the event the carriage of any shipment is so cancelled, diverted, postponed, delayed, advanced or terminated, carrier shall not be under any liability with respect thereto.
6.3.5 In the event the carriage of the shipment or any part thereof is so terminated, delivery thereof by carrier to any transfer agent for transfer or delivery or the placing of such shipment in storage shall be deemed complete delivery under the contract of carriage, and carrier shall be without any further liability with respect thereto, except to give notice of the disposition of the shipment to the shipper or to the consignee, at the address stated in the air waybill or shipment record. Carrier may, but shall not be obligated to, forward the shipment for carriage by any other route or forward the shipment as agent for the shipper or the consignee for onward carriage by any transportation service on behalf of the shipper or the consignee. The cost of doing so attaches to the cargo.
6.3.6 Subject to applicable laws, regulations and orders, carrier is authorized to determine the priority of carriage as between shipments, and as between cargo and mail or passengers. Carrier may likewise decide to remove any articles from a shipment, at any time or place whatsoever, and to proceed with the flight without them. If as a result of determining such priority, cargo is not carried or carriage thereof is postponed or delayed or if any articles are removed from a shipment, carrier will not be liable to shipper or consignee or to any other party for any consequences.
6.4 Carrier’s right to store or deliver to another carrier
If in the opinion of carrier, it is necessary to hold the shipment at any place for any reasonable purpose, either before, during or after carriage, carrier may, upon giving notice thereof to the shipper, store the shipment for the account and at the risk and expense of the shipper, in any warehouse or other available place, or with the customs authorities; or carrier may deliver the shipment to another transportation service for onward carriage to the consignee. The shipper shall indemnify carrier against any expense or risk so incurred.
7.1 Exercise of right of disposition
Every exercise of the right of disposition must be made by the shipper or his designated agent, if any, and must be applicable to the whole shipment under a single air waybill, or under a single shipment record. The right of disposition over the cargo may only be exercised if the shipper or such agent produces the part of the air waybill which was delivered to him, or communicates such other form of authority as may be prescribed by carrier’s regulations. Instructions as to disposition must be given (in writing) in the form prescribed by carrier. In the event that the exercise of the right of disposition results in a change of consignee, such new consignee shall be deemed to be the consignee appearing on the air waybill or in the shipment record.
7.2 Shipper’s option
7.2.1 Subject to his liability to carry out all his obligations under the contract of carriage and provided that this right of disposition is not exercised in such way as to prejudice carrier or other shippers, the shipper may at his own expense dispose of the cargo either:
22.214.171.124 by withdrawing it at the airport of departure; or of destination; or
126.96.36.199 by stopping it in the course of the journey on any landing; or
188.8.131.52 by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill or shipment record; or
184.108.40.206 by requiring it to be returned to the airport of departure;
7.2.2 If, in the opinion of carrier, it is not reasonably practicable to carry out the order of the shipper, carrier shall so inform him promptly and carrier shall thenceforth be under no obligation to carry out any such order.
7.3 Payment of expenses
The shipper shall be liable for and shall indemnify carrier for all loss or damage suffered or incurred by carrier as a result of the exercise of his right of disposition. The shipper shall reimburse carrier for any expenses occasioned by the exercise of his right of disposition.
7.4 Extent of shipper’s right
The shipper’s right of disposition shall cease at the moment when, after arrival of the cargo at the destination, the consignee takes possession or requests delivery of the cargo or air waybill, or otherwise shows his acceptance of the cargo. Nevertheless, if the consignee declines to accept the air waybill or the cargo, or if he cannot be communicated with, such right of disposition shall continue to vest in the shipper.
8.1 Notice of arrival
Notice of arrival of the shipment will, in the absence of other instructions, be sent to the consignee and any other person whom carrier has agreed to notify as evidenced in the air waybill or shipment record; such notice will be sent by ordinary methods. Carrier is not liable for non-receipt or delay in receipt of such notice.
8.2 Delivery of shipment
Except as otherwise specifically provided in the air waybill or shipment record, delivery of the shipment will be made only to the consignee named therein, or his agent. Delivery to the consignee shall be deemed to have been effected:
8.2.1 when carrier has delivered to the consignee or his agent any authorization from carrier required to enable the consignee to obtain release of the shipment; and
8.2.2 when the shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation.
8.3 Place of delivery
The consignee must accept delivery of and collect the shipment at the airport of destination or the respective facility as designated by the carrier.
8.4 Receipt by consignee
Receipt of cargo by the consignee without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.
8.5 Failure of consignee to take delivery
8.5.1 Subject to the provisions of 8.5 hereof, if the consignee refuses or fails to take delivery of the shipment after its arrival at the airport of destination, carrier will endeavor to comply with any instructions of the shipper set forth on the face of the air waybill, or in the shipment record. If such instructions are not so set forth or cannot reasonably be complied with, carrier shall notify the shipper of the consignee’s failure to take delivery and request his instructions. If no such instructions are received within thirty (30) days, carrier may sell the shipment in one or more lots at public or private sale or destroy or abandon such shipment.
8.4.2 The shipper is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment, including, but not limited to, carriage charges incurred in returning the shipment if so required by the shipper’s instructions. If the shipment is returned to the airport of departure and the shipper refuses or neglects to make such payments within fifteen (15) days after such return, carrier may dispose of the shipment or any part thereof at public or private sale after giving the shipper ten (10) days’ notice of its intention to do so.
8.5 Disposal of perishables
8.5.1 When a shipment containing perishable articles as defined in carrier’s regulations is delayed in the possession of carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, carrier may immediately take such steps as it sees fit for the protection of itself and other parties in interest, including but not limited to the destruction or abandonment of all or any part of the shipment, the sending of communications for instructions at the cost of the shipper, the storage of the shipment or any part thereof at the risk and cost of the shipper, or the disposition of the shipment or any part thereof at public or private sale without notice.
8.5.2 In the event of the sale of the shipment as provided for above, either at the place of destination or at the place to which the shipment has been returned, carrier is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of carrier and other transportation services plus costs of sale, holding any surplus subject to the order of the shipper. A sale of any shipment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies.
8.5.3 By accepting delivery of the air waybill and/or the shipment the consignee shall become liable for payment of all costs and charges in connection with the carriage. Unless otherwise agreed the shipper shall not be released from his own liability for these costs and charges and will remain jointly and severally liable with the consignee. Carrier may make delivery of the shipment or the air waybill conditional upon payment of these costs and charges.
Shipments are accepted for carriage from their receipt at carrier’s cargo terminal or airport office at the place of departure to the airport at the place of destination.
9.2 Availability of service
Pick-up service and delivery service will be available at the points, to the extent and subject to the availability of the service, its rates and charges established for such services in accordance with the applicable regulations of carrier.
9.3 Request for service
Pick-up service, if available, will be provided when requested by the shipper. Except when otherwise provided by carrier’s tariffs, delivery service, if available, may be provided unless contrary instructions are given by the shipper or by the consignee. Such contrary instructions must be received by carrier prior to removal of the shipment from carrier’s airport terminal at destination.
9.4 Shipment for which service is unavailable
Pick-up service and delivery service will not be provided by carrier without special arrangement for any shipment which, in the opinion of carrier, because of its volume, nature, value or weight is impractical for carrier to handle in normal course.
If pick-up service or delivery service is performed by or on behalf of carrier, such surface transportation shall be upon the same terms as to liability as set forth in Article 11 hereof.
10.1 The carrier and any subcontractor shall be entitled to subcontract on any carriage or part thereof.
10.2 Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to carrier or to which carrier is entitled hereunder shall also be available and shall extend to protect all subcontractors, every servant or agent of carrier or of a subcontractor, every other person (other than carrier) by whom the services or any part thereof are provided, and all persons who are or may be vicariously liable for the acts or omissions of any person falling within the categories mentioned hereof, and for the purpose of this clause carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this contract.
11.1 Carriage to be performed under one contract of carriage by several successive carriers is regarded as a single operation.
14.1 Insofar as any provision contained or referred to in the air waybill or shipment record or these conditions may be contrary to mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity of any such provision shall not affect any other part.
15.1 No agent, servant or representative of carrier has authority to alter, modify or waive any provision of the contract of carriage or of these conditions.
16.1 Shipper, owner and consignee and consignor understands that carrier may collect, use and share personal information in connection with this shipment and carriage.
Website Use Terms
This website is owned and operated by Villa Air Private Limited, which is a private company under the Villa Group of companies registered under the Companies Act of Maldives, bearing registration number C-47/1997 and whose registered office is at 07, 05th floor at Villa House, Kandidhonmaniku Goalhi , Male 20181, Republic of Maldives.
This website has been compiled in good faith by Villa Air. No representation is made or warranty given, either express or implied as to the completeness or accuracy of the information that it contains, that it will be uninterrupted or error free or that any information is free of bugs, viruses, worms, trojan horses or other harmful components.
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This website may contain links to websites operated by third parties. Such links are provided for your reference only and your use of these sites may be subject to terms and conditions posted on them. Villa Air inclusion of links to other websites does not imply any endorsement of the material on such websites and Villa Air accepts no liability for their contents.
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In particular, you agree you will not –
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- Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
- Personal Data: any information that directly, indirectly or in connection with other information—including a personal identification number—allows for the identification or identifiability of a natural person.
- Service: refers to the service provided by Villa Air as described in the relative terms (if available) and on this platform.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- Website: Villa Air’s site, which can be accessed via this URL: https://villaairways.com/
- You: a person or entity that is registered with Villa Air to use the services.
A cookie is a small text file that is stored on your computer or other internet connected device in order to identify your browser, provide analytics, and remember information about you such as your language preference or login information. They’re completely safe and can’t be used to run programs or deliver viruses to your device.
We use first party and/or third party cookies on our platform for various purposes such as:
– To facilitate the operation and functionality of our platform.
– To improve your experience of our platform and make navigating around them quicker and easier.
– To allow us to make a bespoke user experience for you and for us to understand what is useful or of interest to you;
– To analyze how our platform is used and how best we can customize it.
– To identify future prospects and personalize marketing and sales interactions with it.
– To facilitate the tailoring of online advertising to your interests.
We use essential cookies to make our platform work. These cookies are strictly necessary to enable our core functionality such as security, network management, your cookie preferences and accessibility. Without them, you wouldn’t be able to use basic services. You may disable these by changing your browser settings, but this may affect how the Websites function.
These cookies are used to enhance the performance and functionality of our platform but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the platform as we would not be able to remember that you had logged in previously.
These account-based marketing cookies enable us to identify future prospects and personalize sales and marketing interactions with them.
These cookies collect information that is used to help how our platform is being used or how effective our marketing campaigns are, or to help us customize our platform for you.
You can opt-out of all Google supported analytics on our Website by visiting: https://tools.google.com/dlpage/gaoptout
These cookies are used when you share information using a social media sharing button or “like” button on our Site or you link your account or engage with our content through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this. These cookies may also include certain code that has been placed on the platform to help track conversions from ads, optimize ads based on collected data, build targeted audiences for future ads, and remarket to qualified users who have already taken certain action on the platform.
Some cookies that have been set on our platform are not set on a first party basis by Villa Air. The Websites can be embedded with content from third parties to serve advertising. These third party service providers may set their own cookies on your web browser. Third party service providers control many of the performance and functionality, advertising, marketing and analytics cookies described above. We do not control the use of these third party cookies as it can only be accessed by the third party that originally set them.
Most browsers allow you to control cookies through their “settings” preferences. However, if you limit the ability of websites to set cookies, you may worsen your overall user experience, since it will no longer be personalized to you. It may also stop you from saving customized settings like login information. Browser manufacturers provide help pages relating to cookie management in their products.
Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information.
– Google Chrome
– Internet Explorer
– Mozilla Firefox
– Safari (Desktop)
– Safari (Mobile)
– Android Browser
– Opera Mobile
Wherever you’re located you may also set your browser to block cookies and similar technologies, but this action may block our essential cookies and prevent our website from functioning properly, and you may not be able to fully utilize all of its features and services. You should also be aware that you may lose some saved information (e.g. saved login details, site preferences) if you block cookies on your browser. Different browsers make different controls available to you. Disabling a cookie or category of cookie does not delete the cookie from your browser, you will need to do this yourself from the browser, you should visit your browser’s help menu for more information.