FAQ (Frequently Asked Questions)
SAS / Wideroe
Conditions of carriage for passengers and baggage
1 - Definitions
2 - Applicability
3 - Tickets
4 - Stopovers
5 - Fares and Charges
6 - Reservations
7 - Check-in
8 - Refusal of and limitations on Carriage
9 - Baggage
10 - Schedules, Cancellation of Flights
11 - Refunds
12 - Conduct aboard Aircraft
13 - Arrangements by Carrier
14 - Administrative Formalities
15 - Successive Carriers
16 - Liability for Damage
17 - Time Limitation on Claims nd Actions
18 - Modification and Waiver
Article 1 - Definitions
In these Conditions of Carriage, except where the context otherwise requires or where it is otherwise expressly provided for, the following expressions have the following meanings:
Agreed Stopping Places means those places, except the place of departure and the place of destination, set forth in the ticket or shown in the Carrier’s timetables as scheduled stopping places on the Passenger’s route.
Authorised Agent means a Passenger sales agent who has been authorised, wholly or partly, by Carrier to represent the Carrier in the sale of air transportation or the services of the Carrier and, when authorised, on the services of other air Carriers. Such authority may be limited.
Baggage means such articles, effects and other personal property of a Passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip and such other items as can be conveniently carried with the Passenger on such trip. Unless otherwise specified, it includes both checked and unchecked baggage of the Passenger.
Baggage Check means those portions of the ticket which relate to the carriage of the Passenger’s checked baggage.
Baggage Claim Tag The portion of the baggage identification tag given to the Passenger as a receipt for a checked baggage item.
Baggage Identification Tag means a document issued by Carrier solely for identification of checked baggage.
Carriage means carriage of Passengers and/or baggage by air, gratuitously or for reward.
Carrier includes the air Carrier issuing the ticket and all air Carriers that carry or undertake to carry the Passenger and/or his baggage thereunder or perform or undertake to perform any other services related to such air carriage.
Carrier’s Regulations means rules and regulations of Carrier covering procedures and standards in addition to these Conditions, which govern carriage of Passengers and/or baggage and include any applicable tariffs in force.
Checked Baggage means baggage of which Carrier takes custody and for which Carrier has issued a baggage claim tag.
Code Sharing means the operation by one Carrier of flights for which seats are offered by another Carrier using its own designator code alone or jointly with the operating Carrier’s designator code.
Conditions means the ’General Conditions of Carriage for Passengers and Baggage’ as set out herein.
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 is applicable to the contract of 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 1955 and by Additional Protocol No.2 of Montreal 1975;
The Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No.3 of Montreal 1975;
Damage includes death, bodily injury, delay, loss, 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 means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted.
Electronic Coupon means an electronic flight coupon or any other value document held in Carrier’s database.
Electronic Ticket means the electronic coupon(s), the itinerary/receipt, if issued by or on behalf of Carrier, or, if applicable, a boarding document.
Flight Coupon means either that portion of the ticket that bears the notation ’good for passage’, or in the case of an electronic ticket, the electronic coupon, which indicates the particular places between which Passenger is entitled to be carried.
Itinerary/Receipt means a document or documents which includes, among other things, information and notices required by applicable law, regulations and international arrangements.
Passenger means any person, except members of the crew, carried or to be carried in an aircraft with the consent of the Carrier.
Passenger Coupon or Passenger Receipt means that portion of the ticket issued by or on behalf of Carrier, which is so marked and which ultimately is to be retained by Passenger.
SAS means Scandinavian Airlines System and SAS Commuter.
Special Drawing Right or SDR means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. The value of a national currency, in terms of the Special Drawing Right, shall be calculated either in accordance with the method of evaluation applied by the International Monetary Fund, in effect at that date of the payment, or in a manner determined by compulsory provisions of applicable national law. Information about the current rate of a Special Drawing Right in one of the Scandinavian currencies may be found in daily newspapers or at bank offices.
Stopover means a deliberate interruption of a journey by the Passenger, at a point between the place of departure and the place of destination, for a minimum period of twenty-four hours.
Ticket means either the document entitled ’Passenger Ticket and
Baggage Check’ or the Electronic Ticket, in each case issued by or on behalf of Carrier, and includes, if required by law or the Convention, the Carrier’s Conditions of Contract, notices and coupons contained in it.
Unchecked Baggage means any baggage of the Passenger other than checked baggage which is in the custody of the Passenger during the entire flight.
Article 2 - Applicability
2.1 General
Except as provided for in paragraphs 2, 3, 4 and 5 of this Article, these Conditions apply to all carriage by air of Passengers and baggage, and to other services incidental thereto, performed by Carrier whether for reward or gratuitously except to the extent that Carrier has provided otherwise in Carrier’s Regulations or in the relevant contracts, or tickets.
2.2 Carriage to/from U.S.A. or Canada
These Conditions apply to carriage between places in the United States or in Canada or between a place in the United States or in Canada and any place outside thereof, only to the extent they are incorporated in tariffs in force in those countries.
2.3 Charters
If carriage is performed pursuant to a charter agreement, these
Conditions apply only to the extent they are incorporated by reference by the terms of the charter agreement and the charter ticket into the contract of carriage.
2.4 Overriding Law
To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention, where applicable, or any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision contained or referred to herein.
2.5 Conditions Prevail over Carrier’s Regulations
Except as provided for herein, in the event of inconsistency between these Conditions and Carrier’s Regulations, these Conditions shall prevail, except where tariffs in force in the United States or in Canada apply, in which case the tariffs shall prevail.
2.6 Code Sharing
Carriage may be performed under a code sharing arrangement by a Carrier other than the Carrier designated as Carrier in the ticket.
Article 3 - Tickets
3.1 Ticket Conclusive Evidence of Contract
The ticket constitutes conclusive evidence of the contract of carriage between Carrier and the Passenger named on the ticket. Carrier will provide carriage only to the Passenger holding such ticket, or holding, as proof of payment or part payment, any other Carrier document issued by Carrier or its authorised agent. The ticket is and remains at all times the property of the issuing Carrier. The Conditions of Contract contained in or with the ticket, or otherwise provided to the Passenger, are a summary of some of the provisions of these Conditions.
3.2 Requirement for Ticket
Except in the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person presents a ticket valid and duly issued in accordance with Carrier’s Regulations and containing the flight coupon for that flight and all other unused flight coupons and the Passenger coupon. A Passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Carrier or its authorised agent. In the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person provides positive identification and has a ticket valid and duly issued in accordance with Carrier’s Regulations and contained in Carrier’s database.
3.3 Loss of or Irregularities of Ticket
In case of loss of or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the Passenger coupon and all unused flight coupons, the issuing Carrier may at the Passenger’s request and subject to Carrier’s Regulations, replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to Carrier that a ticket valid for the flights in question was duly issued. Carrier reserves the right to charge an administrative fee for issuing a new ticket or part thereof in these circumstances.
3.4 Ticket Not Transferable
A ticket is not transferable. If someone other than the person entitled to be carried on a ticket travels pursuant to a ticket or is given 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. If a ticket is presented by someone other than the person entitled to be carried thereunder 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.
3.5 Period of Validity
Except as otherwise provided for in the ticket, these Conditions or Carrier’s Regulations, a ticket is valid for carriage for one year from the date of commencement of travel or, if no portion of the ticket is used, from the date of issue thereof.
3.5.1
If a Passenger is prevented from travelling within the period of validity of the ticket because Carrier:
(a)cancels the flight on which the Passenger holds a reservation; or (b)omits a scheduled stop, being the Passenger’s place of departure, place of destination or a stopover; or
(c)fails to operate a flight reasonably according to schedule; or
(d)causes the Passenger to miss a connection; or
(e)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.
3.5.2
When a Passenger is prevented from travelling within the period of validity of the ticket because at the time such Passenger requests reservations Carrier is unable to provide space on the flight, the validity of such Passenger’s ticket will be extended in accordance with Carrier’s Regulations.
3.5.3
When a Passenger after having commenced his or her journey is
prevented from travelling within the period of validity of the ticket by reason of illness, Carrier will, (provided such extension is not precluded by Carrier’s Regulations applicable to the fare paid by the Passenger) extend the period of validity of such Passenger’s ticket until the date when the Passenger becomes fit to travel according to a medical certificate, 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. When the flight coupons remaining in the ticket, or in the case of an electronic ticket, the electronic coupon, involve one or more stopovers, the validity of such ticket will be extended subject to Carrier’s Regulations. In such circumstances, Carrier will extend similarly the period of validity of tickets of other members of the Passenger’s immediate family accompanying the Passenger.
3.5.4
In the event of death of a Passenger en route, the tickets of the persons accompanying the Passenger may be modified by the Carrier waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s tickets and those of his or her immediate family accompanying the Passenger may be likewise modified by the Carrier. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall be subject to Carrier’s Regulations.
3.6 Coupon Sequence
3.6.1
Carrier will honour flight coupons, or in the case of an electronic ticket, an electronic coupon, only in sequence from the place of departure as shown in the ticket.
3.6.2
The ticket may not be valid and Carrier may not honour the Passenger’s ticket if the first flight coupon, or in the case of an electronic ticket, an electronic coupon has not been used and the Passenger commences his or her journey at any stopover or agreed stopping place.
3.6.3
Each flight coupon, or in the case of an electronic ticket, an electronic coupon, will be accepted for carriage in the class of service specified therein on the date and flight for which accommodation has been reserved. When flight coupons, or in the case of an electronic ticket, an electronic coupon, are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions of the relevant fare and the availability of space on the flight applied for.
3.7 Name and Address of Carrier
Carrier’s name may be abbreviated in the ticket. Carrier’s address shall be deemed to be the airport of departure shown opposite the first abbreviation of Carrier’s name in the ”Carrier” box in the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt.
Article 4 - Stopovers
Stopovers may be permitted at agreed stopping places subject to government requirements and Carrier’s Regulations.
Article 5 - Fares and Charges
5.1 General
Fares for carriage by air apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town terminals, unless specifically provided for by Carrier without additional charge.
5.2 Applicable Fares
Applicable fares are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier’s Regulations. Subject to government requirements and Carrier’s Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt. 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 Carrier, in accordance with Carrier’s Regulations.
5.3 Routing
Unless otherwise provided for in Carrier’s Regulations, fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the Passenger may specify the routing prior
to issue of the ticket. If no routing is specified, Carrier may determine the routing.
5.4 Taxes and Charges
Any tax or charge imposed by government or other authority, or by the operator of an airport, in respect of a Passenger or the use by a Passenger of any services or facilities, or in respect of the sale of a ticket, will be in addition to the published fares and charges and shall
be payable by the Passenger, except as otherwise provided for in Carrier’s Regulations.
5.5 Currency
Fares 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 in accordance with Carrier’s Regulations.
Article 6 - Reservations
6.1 Reservation Requirements
6.1.1
Reservations are not confirmed until recorded as accepted by Carrier or its authorised agent.
6.1.2
As provided for in Carrier’s Regulations, certain fares may have conditions which limit or exclude the Passenger’s right to change or cancel reservations, or to request a refund.
6.2 Ticketing Time Limits
If a Passenger has not paid for the ticket (or made credit arrangements with Carrier) prior to the specified ticketing time limit, Carrier may cancel the reservation.
6.3 Personal Data
The Passenger recognises that personal data has been given to Carrier for the purposes of making a reservation for carriage, for obtaining ancillary services, for developing and providing customer services, for facilitating immigration and entry requirements, and making available such data to government agencies. For these purposes the Passenger authorises Carrier to retain and use such data and to transmit it to its own offices, government agencies, other Carriers or the providers of such services, in whatever country they may be located.
6.4 Seating
Carrier does not guarantee to provide any particular seat in the aircraft and the Passenger agrees to accept any seat that may be allocated on the flight in the class of service for which the ticket has been issued.
6.5 Service Charge When Space Not Occupied
A service charge, in accordance with Carrier’s Regulations, may be payable by a Passenger who fails to use space for which a reservation has been made.
6.6 Reconfirmation of Reservations
Onward or return reservations may be subject to the requirement to reconfirm the reservation in accordance with and within the time limits specified in Carrier’s Regulations. Failure to comply with any such requirement may result in cancellation of any onward or return reservations.
6.7 Cancellation of Onward Reservations Made By Carrier
If a Passenger does not use a reservation and fails to advise Carrier, Carrier may cancel or request cancellation of any onward or return reservations.
Article 7 - Check-In
The Passenger shall arrive at Carrier’s check-in location and boarding gate sufficiently in advance of flight departure to permit completion of any Government formalities and departure procedures and in any event no later than the time that may be indicated by Carrier. If the Passenger fails to arrive in time at Carrier’s check-in location or boarding gate or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for the Passenger and will not delay the flight. Carrier is not liable to the Passenger for loss or expense due to the Passenger’s failure to comply with the provisions of this Article.
Article 8 - Refusal of and Limitation on Carriage
8.1 Right to Refuse Carriage
Carrier may, in its absolute discretion, refuse carriage of any Passenger if, prior to the date of the issue of the ticket presented by the Passenger for carriage, Carrier has notified the Passenger in writing that it would not at any time after the date of such notification carry the Passenger of any of Carrier’s flights. Carrier may refuse carriage of any Passenger or Passenger’s baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier determines that:
(a)such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over; or
(b)notwithstanding paragraph 2 of this Article, the conduct, age, or mental or physical state of the Passenger is such as to:
(i)require special assistance of Carrier, or
(ii)cause discomfort or make himself or herself objection able to other Passengers, or
(iii)involve any hazard or risk to himself or herself or to otherpersons or to property; or
(c)such action is necessary because the Passenger has failed toobserve the instructions of Carrier; or
(d) the Passenger has refused to submit to a security check; or
(e)the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Carrier and the Passenger (or the person paying for the ticket) have not been complied with; or
(f) the Passenger does not appear to be properly documented, or refuses Carrier’s request to produce to it all appropriate documentation as referred to in Article 14.2 below; or
(g)the Passenger may seek to enter a country through which he or she is in transit; or
(h)the Passenger may destroy his or her documentation during the flight, and/or refuses a request by Carrier to surrender, against receipt, his/her travel documents, to be held by Carrier during the journey; or
(i) the Passenger may with or without cause, be refused entry into any country to be flown from, into or over, or
(j) the ticket:
(i) has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its authorised agent, or
(ii)has been reported as being lost or stolen, or
(iii) is a counterfeit ticket, or
(iv)contains a flight or electronic coupon which has been altered by anyone other than Carrier or its authorised agent, or in the case of a flight coupon, has been mutilated, and Carrier reserves the right to retain such ticket; or
(k)the person presenting the ticket cannot prove that he or she is the person named in the ticket; and Carrier reserves the right to retain such ticket; or
(l) such action is necessary because the Passenger has committedmisconduct on a previous flight of a Carrier and Carrier believes that such misconduct may be repeated.
8.2 Limitation on Carriage
Subject to Article 8.1 above, Carrier will endeavour to make special arrangements for the carriage of ill or incapacitated persons, and for unaccompanied children and pregnant women. Acceptance for carriage of unaccompanied children, ill or incapacitated persons or pregnant women may be subject to restrictions or prior arrangement with Carrier in accordance with Carrier’s Regulations.
Article 9 - Baggage
9.1 Items Unacceptable As Baggage
(a)the Passenger shall not include in his or her baggage:
(i) items which do not constitute baggage as defined inArticle 1 hereof;
(ii)items which are likely to endanger the aircraft or per sons or property on board the aircraft, such as thosespecified in the International Civil Aviation (ICAO) Technical Instructions for the Safe Transport of DangerousGoods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, an in Carrier’s Regulations (further information is availablefrom Carrier on request);
(iii) items the carriage of which is prohibited by the applicablelaws, regulations or orders of any state to be flown from,to or over;
(iv) items which in the opinion of the Carrier are unsuitablefor carriage by reason of their weight, size or character,such as fragile or perishable items;
(v)live animals, except as provided for in Article 9.9.
(b)Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as baggage. Firearms andammunition for hunting and sporting purposes may be accepted as checked baggage in accordance with Carrier’s Regulations. Firearms must be unloaded with the safety catch on, and suitable packed. Carriage of ammunitions is subject to ICAO andIATA regulations as specified in Article 9.1.a.
(c)The Passenger shall not include in checked baggage, fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
(d)Weapons such as antique firearms, swords, knives and similar items may be accepted as checked baggage, in accordance with Carrier’s Regulations, but will not be permitted in the cabin.
(e)If any items referred to in this Article 9.1 are carried, whether ornot they are prohibited from carriage as baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of baggage.
9.2 Right to Refuse Carriage
(a)Carrier may refuse carriage as baggage of such items as described in Article 9.1 as are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery thereof.
(b)Carrier may refuse to carry as baggage any item because of itssize, shape, weight, contents or character.
(c)Unless advance arrangements for its carriage have been made with Carrier, Carrier may carry on later flights baggage which is inexcess of the applicable free allowance.
(d)Carrier may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling.
9.3 Right of Search
For reasons of safety and security, Carrier may request the Passenger to answer questions and /or permit a search to be made of his or her person and his or her baggage, and may search or have searched the Passenger’s baggage in his or her absence if the Passenger is not available, for the purpose of determining whether he or she is in possession of or whether his or her baggage contains any item described in Article 9.1. If the Passenger is unwilling to comply with such request Carrier may refuse to carry the Passenger and/or his or her baggage.
9.4 Checked Baggage
(a)Upon delivery to Carrier of baggage to be checked, Carrier shall take custody thereof and issue a baggage identification tag for each piece of checked baggage.
(b)If baggage has no name or other personal identification, the Passenger shall affix such identification to the baggage prior to Carrier’s acceptance.
(c)Checked baggage will be carried on the same aircraft as the Passenger unless Carrier decides that this is impracticable, in which case Carrier will carry the checked baggage on Carrier’s next flight on which space is available.
9.5 Free Baggage Allowance
Passenger may carry free of charge baggage as specified and subject to the conditions and limitations in Carrier’s Regulations.
9.6 Excess Baggage
A Passenger shall pay a charge for the carriage of baggage in excess of the free baggage allowance at the rate and in the manner provided in Carrier’s Regulations.
9.7 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. Items determined by Carrier to be of excessive weight or size will not be permitted in the cabin.
(b)Objects not suitable for transport in the cargo compartment (such as delicate musical instruments and the like) will only be acceptedfor transportation in the cabin compartment if due notice has beengiven in advance and permission granted by Carrier. The transport of such objects may be charged for separately.
9.8 Collection and delivery of Baggage
(a)The Passenger shall collect his or her baggage as soon as it is available for collection at places of destination or stopover.
(b)Only the bearer of the baggage check and identification tag, delivered to the Passenger at the time the baggage was checked, is entitled to delivery of baggage. Failure to exhibit the baggage identification tag shall not prevent delivery provided the baggage check is produced and the baggage is identified by other means.
(c)If a person claiming the baggage is unable to produce the baggagecheck and identify the baggage by means of a baggage identificationtag, Carrier will deliver the baggage to such person only on condition that he or she establishes to Carrier’s satisfaction his or her right thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damageor expense which may be incurred by Carrier as a result of suchdelivery.
(d)Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery shall be considered conclusive evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage. If interior damage/ theft is discovered at a later stage, bearer of the baggage check shall report this to Carrier within seven days after the time of delivery.
9.9 Animals
(a)Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit will, with the advance agreement of Carrier, be accepted for carriage, subject to Carrier’s Regulations.
(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 as established by Carrier.
(c)Guide dogs accompanying sight/hearing impaired and physically handicapped Passengers together with containers and food, will be carried free of charge in addition to the normal free baggage allowance, subject to Carrier’s Regulations.
(d)Acceptance for carriage of animals is subject to the condition that the Passenger assumes full responsibility for such animal. 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.
Article 10 - Schedules, Cancellation of Flights
10.1 Schedules
Except as provided for in any applicable Convention, Carrier undertakes to use its best efforts to carry the Passenger and his or her baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel.
10.2 Cancellation, Changes of Schedule, Etc.
If Carrier cancels or delays a flight, is unable to provide previously confirmed space and/or pre-allocated seating, fails to stop at a Passenger’s stopover or destination point, or causes the Passenger to miss a connecting flight on which the Passenger holds a confirmed reservation, Carrier shall either;
a) carry the Passenger on another of its scheduled passenger
services on which space is available and/or assign another seat; or
b) re-route the Passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or the scheduled services of another Carrier, or by means of surface transportation. If the sum of the fare, excess baggage charge and any applicable service charge for the revised routing is higher than the refund value of the ticket or applicable portion thereof, Carrier shall require no additional fare or charge from the Passenger, and shall refund the difference if the fare and charges for the revised routing are lower; or
c) make a refund in accordance with the provisions of Article 11; and, except as otherwise provided by law, shall be under no further liability to the Passenger.
10.3 Denied Boarding
In order to accommodate as many passengers as possible, and based upon the experience that a number of travellers will not show up for the flight on which they hold a reservation, Carrier may confirm space above the capacity of the aircraft. SAS and many other airlines operate compensation schemes on most routes for Passengers with confirmed reservation who are unjustifiably denied carriage because of the non-availability of seats. SAS makes every effort to provide seats for which confirmed reservations have been made but no absolute guarantee of availability is denoted by the expression ”reservations”, ”bookings”, ”confirmed”, ”status OK” and the timings attached to them. When selecting Passengers for rebooking, SAS shall endeavour to first of all offer Passengers to stay behind voluntarily.
10.3.1
In the event a Passenger holding confirmed reservation on a certain flight is denied boarding solely because of planned overbooking, he/she might qualify for denied boarding compensation in accordance with applicable government regulations and/or Carrier’s Regulations. Details concerning this compensation scheme is available from Carrier.
10.3.2
When required by government regulations, SAS will in addition to denied boarding compensation cover reasonable costs for meals and overnight accommodation up to the next possible departure.
10.4 Disclaimer of Liability
Except in the case of any act(s) or omission(s) done with the intent to cause damage or recklessly and with the knowledge that damage would probably result, Carrier shall not be liable whether for breach of contract, negligence or otherwise for any damage howsoever caused by errors or omissions in timetables or other published schedules, or by representations made by employees, agents or representatives of Carrier as to the dates or times of departure or arrival or as to the operation of any flight.
Article 11 - Refunds
11.1 General
On failure by Carrier to provide carriage in accordance with the contract of carriage, or where a Passenger requests a voluntary change in his or her arrangements, refund for an unused ticket or portion thereof shall be made by Carrier in accordance with this Article 11 and with Carrier’s Regulations.
11.2 Person to Whom Refund Will Be Made
a) Except as hereinafter provided for in this Article, Carrier shall be entitled to make a refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof.
b) If a ticket has been paid for by a person other than the Passenger named in the ticket, and Carrier has indicated on the ticket 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) Except in the case of lost tickets, refunds will only be made on surrender to Carrier of the Passenger coupon or Passenger receipt and surrender of all unused flight coupons.
d) A refund made to a person holding himself or herself out as a person to whom refund may be made in terms of Articles 11.2.1 or 11.2.2 shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund.
11.3 Involuntary Refunds
If Carrier cancels a flight, fails to operate a flight reasonably according to schedule, fails to stop at a point to which the Passenger is destined or ticketed to stopover, is unable to provide previously confirmed space or 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 the higher of: (i) the one way fare (less applicable discounts and charges) from point of interruption to destination or point of next stopover, or (ii) the difference between the fare paid and the fare for the transportation used.
11.4 Voluntary Refunds
If the Passenger wishes a refund of his or her ticket for reasons other than those set out in paragraph 11.3 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 applicable service charges or cancellation fees;
b) if a portion of the ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the ticket has been used, less any applicable service charges or cancellation fees.
11.5 Refund on Lost Ticket
If a ticket or portion thereof is lost, refund will be made on proof of loss satisfactory to Carrier and upon payment of any applicable service charge, on condition:
a) that the lost ticket, or portion thereof, has not been used, previously refunded or replaced; and
b) that the person to whom the refund is made undertakes, in such form as may be prescribed by Carrier, to repay to Carrier the amount refunded in the event and to the extent that the lost ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the ticket.
11.6 Right to Refuse a Refund
a) After the expiry of the validity of the ticket, Carrier may refuse refund when application therefore is made later than the time prescribed in Carrier’s Regulations.
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 therefrom, unless the Passenger establishes to the Carrier’s satisfaction that he or she has permission to remain in the country or that he or she will depart therefrom by another Carrier or another means of transport.
11.7 Currency
All refunds will be subject to government laws, rules and regulations or orders 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 provision, refunds will normally be made in the currency in which the ticket was paid for, but may be made in another currency in accordance with Carrier’s Regulations.
11.8 By Whom Will Ticket Be Refundable
Voluntary refunds will be made only by the Carrier which originally issued the ticket or by its agent if so authorised.
Article 12 - Conduct Aboard Aircraft
12.1 General Conduct
If in the view of the Carrier the Passenger conducts himself or herself aboard the aircraft so as to endanger the aircraft or any person or property onboard, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or fails to comply with any restriction on or prohibition against smoking aboard the aircraft, or behaves in a manner to which other Passengers may reasonably object, Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including, but not limited to, restraint of the Passenger and or removal of the Passenger from the aircraft and/or refusal of carriage onward or future carriage of the Passenger.
12.2 Electronic Equipment
The Passenger may not operate aboard the aircraft electronic equipment, radios, electronic games or transmitting devices including radio controlled toys, walkie-talkies and mobile phones. The Passenger shall not operate any other electronic devices on board without Carrier’s permission, except that portable personal computers (PC), recorders, hearing aids and heart pacemakers may be used subject to instructions from the crew.
Article 13 - Arrangements by Carrier
In the course of concluding the contract of carriage by air, Carrier may agree to make arrangements for additional services whether by Carrier or by third parties. Carrier shall have no liability to the Passenger for such arrangements or for any act or omission in the provision of such additional services or failure to provide such additional services, except for liability for negligence on its part in making such arrangements and such liability of the Carrier shall be subject to and limited by the provisions of Article 16 below.
Article 14 - Administrative Formalities
14.1 General
The Passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier’s Regulations and instructions. Carrier shall not be liable for any aid or information given by any agent or employee of Carrier to any Passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to any Passenger resulting from his or her failure to obtain such documens or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
14.2 Travel Documents
The Passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned, and permit Carrier to take and retain copies thereof. Carrier reserves the right to refuse carriage of any Passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order, or who does not permit Carrier to take and retain copies thereof.
14.3 Refusal of Entry
The Passenger agrees to pay the applicable fare whenever Carrier, on government order, is required to return a Passenger to his or her point of origin 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 the Carrier. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Carrier.
14.4 Passenger Responsibility 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 the Passenger’s failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned 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.
14.5 Customs Inspection
If required, the Passenger shall attend inspection of his or her baggage, checked or unchecked, by customs 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.
14.6 Security Inspection
The Passenger shall submit to any security checks by government or airport officials or by Carrier or by any of their respective employees, servants and agents.
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.
Article 16 - Liability for Damage
16.1 General
(a)Unless otherwise stated herein, carriage hereunder is subject to the provisions relating to liability established by the Convention, even where such carriage is not international carriage to which the Convention mandatorily applies.
(b)Carrier’s liability shall not exceed the amount of proven damages under any circumstances. Carrier is not liable for indirect, incidental or consequential damages. In respect of any damage, howsoevercaused, the provisions of the Convention shall be applied withoutchange except where these Conditions expressly provide otherwise.
(c)If there has been contributory negligence on the part of the Passenger, Carrier’s liability shall be subject to the applicable law relating to contributory negligence.
(d)Carrier shall only be liable for the death or bodily injury of a Passenger, or for the loss, damage or delay of baggage, occurringduring carriage performed by Carrier. A Carrier issuing a ticket or checking baggage for carriage performed by another Carrier does so only as agent for such other Carrier and Carrier shall not be liable in respect of any damage arising from any carriage per formed by such other Carrier. Nevertheless, with respect to checked baggage, the Passenger shall also have a right of action against the first or last Carrier. The liability of each Carrier involvedin the carriage of the Passenger shall be determined by the conditions of carriage of each such Carrier.
(e)Carrier is not liable for any damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the Passenger to comply with the same.
(f) Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, employees and representatives of Carrier and any person whose aircraft is used by Carrier and such person’s agents, employees and representatives. The aggregate amount recoverable from Carrier and from such agents, employees,representatives and persons shall not exceed the amount of Carrier’s limits of liability.
(g)Unless so expressly provided, nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.
16.2 Personal Damages
(a)By special contract as permitted by Article 22(1) of the Convention, SAS agrees that:
(i) SAS shall not invoke the limitation of liability in Article
22(1) of the Convention as to any claim for recoverable compensatory damages arising out of the death, wounding or other bodily injury of a Passenger within the meaning of Article 17 of the Convention.
(ii)SAS shall not, with respect to any claim arising out of the death, wounding or other bodily injury of a Passenger within the meaning of Article 17 of the Convention, availitself of any defence under Article 20(1) of the Convention with respect to that portion of such claim which does notexceed 100,000 SDR’s, inclusive of the costs of the action (including lawyers’ fees) which the court finds reasonable.
(iii) Except as otherwise provided in paragraphs (i) and (ii) hereof, SAS reserves all defences available under the Convention with respect to claims under Article 17 of the Convention, or any other applicable law. With respect to third parties, SAS also reserves all rights of recourse against any other person, including without limitation,rights of contribution and indemnity.
(iv)Neither the waiver of limits nor the waiver of defences shall be applicable in respect of claims made by public social insurance or similar bodies however asserted. Such claims shall be subject to the limit in Article 22(1) and to the defences under Article 20(1) of the Convention.SAS will compensate the Passenger or his dependants for recoverable compensatory damages in excess ofpayments received from any public social insurance orsimilar body. SAS has entered into the special contract referred to in Article
16.2(a) solely on its own behalf and only with respect to carriage performed by it, and SAS has not thereby interfered with or imposed any liability on any other Carrier with respect to the portion of carriage performed by any other Carrier or assumed any liability with respect to the portion of the carriage performed by such other Carrier.
(b)Nothing herein shall be deemed to affect the rights of Carrier with regards to any claim brought by, on behalf of, or in respect of, any person who has wilfully caused damage which resulted in death, wounding or other bodily injury of a Passenger.
(c)If a Passenger is carried whose age or mental or physical conditionis such as to invoke any hazard or risk to himself, Carrier shall not be liable for any illness, injury, disability or death, provided such personal damages are attributable to such condition.
16.3 Damage to Baggage
(a)The liability of Carrier in respect of baggage is limited to
(i) the sum of 17 Special Drawing Rights per kilogram in the case of loss, damage or delay of checked baggage, or of any object contained therein. The weight to be taken into consideration in determining the amount to which Carrier’s liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the checked baggage, or of an object containedtherein, affects the value of other packages covered by the same baggage check, the total weight of such pack age or packages shall also be taken into consideration in determining the limit of liability, and
(ii)332 Special Drawing Rights per Passenger in respect of unchecked baggage or other property, unless different limits of liability are applicable pursuant to applicable law, in which case such different limits shall apply.
(b)The limits of liability set out in Article 16.3 (a) do not apply when it is proven that the damage resulted from an act or omission of the Carrier, his employees or agents done with intent to cause damage or recklessly and with the knowledge that damage would probably result, provided that in the case of such act or omission of an employee or agent, it is also proven that he was acting within the scope of his employment.
(c)If the weight of the baggage is not recorded on the baggage check, it is presumed that the total weight of the checked baggage does not exceed the applicable free baggage allowance for the class of service concerned, and Carrier’s liability is limited in accordance herewith.
(d)Carrier is only liable for damage to unchecked baggage if such damage has been caused by the negligence of Carrier.
(e)Carrier is not liable for injury to a Passenger or for damage to a Passenger’s baggage caused by property contained in such Passenger’s baggage, unless Carrier caused such damage by its wilful misconduct or gross negligence. Any Passenger whose property causes injury to another person or damage to another person´s baggage or to any property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof.
(f) Carrier may limit its liability for checked baggage if the same in the reasonable judgement of Carrier is fragile, perishable, damaged, checked-in late, inadequately packed etc. by tagging such baggage and delivering to the Passenger a ’limited release tag’ giving particulars on the Carrier’s limitation of its liability with respect thereto.
(g)Carrier is not liable for damage to fragile or perishable items, money, keys, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents, which are included in the Passenger´s checked baggage.
Article 17 - Time Limitations on Claims and Actions
17.1 Notice of Claims
Carrier shall not be liable in the case of damage to checked baggage unless the person entitled to delivery complains to Carrier promptly after the discovery of the damage, and, at the latest, within seven days from the receipt; and in the case of delay, unless the complaint is made at the latest within 21 days from the date on which the baggage has been placed at his or her disposal. Every complaint must be made in writing and dispatched within the times aforesaid.
17.2 Limitations of Actions
Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.
Article 18 - Modification and Waiver
No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions.
Amendment to SAS Conditions of Carriage for Passengers and Baggage (the “Conditions”)
Effective from October 17, 1998, the provisions of Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (the ”Regulation”) shall form part of the Conditions.
In the event of inconsistency between the provisions of the Regulation and the Conditions, the provisions of the Regulation shall prevail.
In accordance with Article 6.1 of the Regulation SAS hereby include the provisions of Articles 3 and 5 of the Regulation in its Conditions as follows:
The liability of SAS for damages sustained in the event of death, wounding or any other bodily injury by a passenger in the event of an accident shall not be subject to any financial limit, be it definedby law, convention or contract.
For any damages up to the sum of the equivalent in ecus of 100 000 SDR, SAS shall not exclude or limit its liability by provingthat SAS and its agents have taken all necessary measures to avoid the damage or that it was impossible for SAS or its agents to take such measures. Notwithstanding the foregoing, if SAS proves that the damage was caused by, or contributed to by, the negligence ofthe injured or deceased passenger, SAS may be exonerated wholly or partly from its liability in accordance with applicable law. SAS shall without delay, and in any event not later than fifteen daysafter the identity of the natural person entitled to compensationhas been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. Without prejudice to the above, an advance payment shall not be less than the equivalent in ecus of 15 000 SDR per passenger in the event of death. An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of SAS liability, but is not returnable, except
(i) in cases where SAS proves that the damage was caused by, or contributed to by, the negligence of the injured ordeceased passenger, or
(ii)in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not theperson entitled to compensation. SAS has liability insurance cover of at least 100 000 SDR per passenger.