Wheelchair Users or Passengers with Special Needs or Medical Conditions
For safety reasons the number of passengers with restricted mobility carried on each flight is limited and is subject to numbers and therefore passengers with special requirements MUST BOOK BY PHONE (all online discounts will be honoured).
If after discussion it is agreed that we are able to meet your requirements we will record the type and level of assistance required, for use by our airport Check-In staff and aircraft Cabin Crew.
Our Call Centre can be contacted on (+44) 0131 466 7609 between the hours of 9.00am to 8.00pm Monday to Friday, 9.00am to 5.30pm Saturday and 10.00am to 5.00pm Sunday.
If you wish to book outside of these hours you may do so online however, it is a condition of carriage that you contact us by telephone on (+44) 0131 466 7609 no later than the day after booking to submit your request for assistance. If we are unable to comply with your request a full refund will be granted.
We would caution any passengers with special needs requirements against leaving notice of their needs until they arrive at the airport as there is no guarantee that we will in anyway be able to comply with their requests/requirements. It will in all probability be impossible for the check-in staff to assist them and they will have to seek assistance or advice from our Ground Handling Agents.
Should you have special needs and require the presence of a care assistant, then please ensure that you arrange for one to travel with you. There shall be a maximum of two special needs passengers per care assistant. The care assistant will need to comply with the same obligations as all other passengers.
Wheelchairs and mobility aids that weigh 60kgs or less (excluding battery), with no single piece weighing more than 32kgs can be accepted for travel. Wheelchairs and mobility aids that weigh more than 60kgs (excluding battery), may be accepted for travel only on condition that the wheelchair can be accommodated in the hold of the aircraft. Detailed information will be required on the size and weight of each section of the wheelchair before a decision can be made. Every effort will be made to accommodate such wheelchairs within the general policies of the Company as laid out herewith.
Wheelchairs are carried on a limited release basis, i.e. entirely at your own risk for loss, damage or delay; we strongly recommend passengers obtain adequate travel insurance to cover them in such circumstances.
Wheelchairs that are powered by (dry-cell) sealed, non-spillable types of battery are also acceptable for carriage. Wheelchairs meeting our criteria will be carried free of charge in addition to the passengers normal baggage allowance. We will not carry wheelchairs with (wet-cell) un-sealed, spillable batteries.
Onward flights
Only flights that are published as connecting and are promoted as a through service can be guaranteed, otherwise, if your journey involves more than one flight, you will need to retrieve and then check-in your luggage separately for each flight. You should allow at least 90 minutes between flights. No refunds or compensation can be paid in respect of missed flight connections.
Code Share
Some flights may be operated on behalf of flyglobespan by another carrier, under a code share agreement. These flights will operate under a flyglobespan flight number and are identified on the flight timetable on www.flyglobespan.com
Translations
Whilst we take every care in the quality of the translation of its terms and conditions and any other information provided on our website the English language version will prevail in case of any or all discrepancies.
Complaints
All complaints must be made in writing within 30 days of your return to Customer Relations, The Globespan Group Plc, Atlantic House, 38 Gardners Crescent, Edinburgh EH3 8DQ, please note that no telephone communications will be entered into.
If you are contacting us please quote your booking reference number e.g.123456/SE7, lead passenger name, departure date (dd/mm/yy) and flight route, i.e. Glasgow / Palma. We cannot enter into any correspondence without this information. All communication must be in English and all replies will be in English.
FORM OF NOTICE REQUIRED BY EC REGULATION 889/2002 - APPLICABLE TO EU CARRIERS ONLY
The text of this summary is taken from EC Regulation 889/2002 and is given to you pursuant to the requirements of that Regulation. Please note that Regulation 889/2002 provides that this summary cannot be used as a basis for a claim for compensation, or as a basis to interpret the provisions of that Regulation or the Montreal Convention.
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximate amount in local currency) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximate amount in local currency).
Passenger delays
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximately amount in local currency).
Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximate amount in local currency).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximate amount in local currency). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
TERMS AND CONDITIONS OF CARRIAGE
All carriage is offered by us in accordance with the conditions of carriage as set out below. Where flights are operated by an alternative air carrier as nominated by us - carriage on such flights are subject to the general terms and conditions of carriage of the alternative carrier.
With effect from 31 March 2005 please note that certain flights may be operated on behalf of us by other carriers under our Airline Designator Code by way of sub-service. These flights are exempt from UK ATOL Regulations.
ARTICLE I: DEFINITIONS
Agreed Stopping Places means those places, except the place of departure and the place of destination, set forth in the ticket or shown in Carrier's timetables as scheduled stopping places on the passenger's route.
Baggage means such articles, effects and other personal property of a passenger as are necessary or appropriate for his or her wear, use, comfort or convenience in connection with the 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 Identification Tag means a document issued by Carrier solely for identification of checked baggage.
Boarding Pass means a document issued by Carrier at the check in desk upon being satisfied that a passenger accords with the Confirmation Number the passenger presents.
Carrier includes the air carrier issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his or her baggage there under.
Conditions of carriage includes the conditions of carriage of the Air Carrier issuing the ticket and all Air Carriers that carry or undertake to carry the passenger and/or his or her baggage there under.
Checked Baggage means baggage which Carrier takes sole custody and for which Carrier has used a baggage check.
Confirmation Number means the number the passenger is given by the Carrier to identify each flight reservation made by the passenger which is confirmed by the Carrier
Damage includes, death, 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. Additionally it means damage occasioned by delay in the carriage of passengers or baggage.
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 the flight commenced, shall not be counted.
Flight means a journey by aircraft or by other means of transportation including surface transportation.
Important Notes means rules, other than these Conditions, published by Carrier and in effect on date of ticket issue, governing carriage of passengers and/or baggage and shall include applicable tariffs in force.
Passenger means any person, except members of the crew, carried or to be carried in an aircraft or other means of transportation including surface transportation with the consent of Carrier.
Special Drawing Rights are an international unit of account based upon the values of several leading currencies. The currency values of the Special Drawing right fluctuate and are re-calculated each banking day. These values are known to most commercial banks and are reported regularly in leading financial journals.
Stopover means a deliberate interruption of the journey by the passenger at a point between the place of departure and the place of destination, which has been agreed to in advance by the Carrier.
Ticket means the confirmation of flight details (including the Confirmation Number) together with conditions of contract and important notices issued by us or on our behalf (whether in the form of a Confirmation Letter, Account or the equivalent information on the Website) and the Boarding Pass issued at check-in;
Unchecked Baggage means any baggage of the passenger other than checked baggage.
Warsaw 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, 12th October 1929 (hereinafter referred to as the Warsaw Convention);
- the Warsaw Convention as amended at The Hague on 28th September 1955;
- the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;
- the Warsaw Convention as amended at The Hague in 1955 and by Additional Protocol No.2 of Montreal 1975;
- the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No.4 of Montreal 1975.
- Guadalajara Supplementary Convention (1961.
Website means the internet site of www.flyglobespan.com
ARTICLE II: APPLICABILITY
General
1. (a) Except as provided in Paragraphs 2, 3, 4, and 5 of this Article, these Conditions of Carriage apply to all carriage by air or by other means of transportation including surface transportation of all passengers and baggage, performed by Carrier for reward.
(b) These Conditions also apply to gratuitous and reduced fare carriage except to the extent that Carrier has provided other in its Important Notes or in the relevant contracts or passes.
Carriage To/From Canada and USA
2. (a) These Conditions apply to carriage between places in Canada or between a place in Canada and any place outside thereof only to the extent they are incorporated in tariffs in force in Canada.
(b) These Conditions do not apply to air transportation as defined in the US Federal Aviation Act 1958.
Charter Agreements
3. With respect to carriage of passengers and baggage pursuant to a charter agreement with a Carrier, such carriage shall be subject to such Carrier's charter Important Notes applicable thereto, if any, and these Conditions shall not apply except to the extent provided in said Important Notes. Where a Carrier has no charter Important Notes applicable to such charter agreement, these Conditions shall apply to such agreement except that the 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 passenger, by accepting carriage pursuant to a charter agreement, whether or not concluded with the passengers, agrees to be bound by the applicable terms thereof.
Overriding Law
4. To the extent that any provision contained or referred to herein is contrary to anything contained in the Warsaw Convention or Montreal Convention where applicable and in any applicable laws, government Important Notes, 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.
Conditions Prevail Over Carrier's Important Notes
5. Except as provided herein, in the event of inconsistency between these Conditions and Carrier's Important Notes, these Conditions shall prevail, except where tariffs in force in the United States or Canada apply, in which case the tariffs shall prevail.
ARTICLE III: TICKETS
Ticket Prima Facie Evidence of Contract
1. The Ticket constitutes prima facie evidence of the contract of carriage between Carrier and the passenger.
Requirement for Confirmation
2. A person shall not be entitled to be carried on a flight unless that person presents a Confirmation Number validly and duly issued in accordance with Carrier's Important Notes or matches the identity of the person who made the booking.
Ticket not Transferable
3. A Ticket is only transferable to the extent described in the Carrier's Important Notes. If a Confirmation Number is presented by someone other than the person entitled to be carried thereunder, Carrier shall not be liable to the person so entitled if in good faith it provides carriage thereunder.
Period of Validity
4. A Ticket is valid for carriage solely for the flight to which it relates.
Name and Address of Carrier
5. 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, although this should not be taken to be the place where the Carrier is domiciled or ordinarily resident for the purposes of the Warsaw Convention or Montreal Convention.
Personal Data
6. The passenger recognises that personal data has been given to Carrier for the purposes of carriage and for obtaining ancillary services. For these purposes the passenger authorises Carrier to retain such data and to transmit it to its own offices, governmental agencies, other carriers or the providers of such services, in whatever country they may be located.
Seating
7. Carrier does not guarantee to provide any particular seat in the aircraft and the passenger agrees to accept any seat that may be allotted on the flight.
ARTICLE IV: FARES AND CHARGES
General
1. Fares 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 airport and between airports and town terminals, unless provided by Carrier without additional charge.
Taxes and Charges
2. Any tax or other charges 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 will be in addition to the published fares and charged to and shall be payable by the passenger.
Currency
3. 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 Carrier's prevailing rate of exchange from time to time.
ARTICLE V: CHECK-IN
The passenger shall arrive at Carrier's check-in location and boarding gates sufficiently in advance of flight departure to permit completion of any government or airport formalities and departure procedures and in any event not later than the time that may be indicated by Carrier. If the passenger fails to arrive at Carrier's check-in location no later than 40 minutes before the scheduled departure time of the aircraft, or fails to make themself available at the correct boarding gate no later than 15 minutes before the scheduled departure time or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for him or her 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 VI: REFUSAL OF AND LIMITATION ON CARRIAGE
Right to Refuse Carriage
1. 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, Important Notes or orders of any state or country to be flown from, into or over; or
(b) the conduct, age or mental or physical state of the passenger is such as to:
(i) require special assistance of Carrier beyond that which it can reasonably be expected to provide; or
(ii) cause discomfort or make himself or herself objectionable to other persons or to property; or
(iii) involve any hazard or risk to himself or herself or to other persons or to property or
(c) such action is necessary because the passenger has failed to observe the instructions of the 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 flight) have not been complied with;
(f) the passenger does not appear to be properly documented or the confirmation number presented by the passenger has been acquired or is being used deceitfully or unlawfully; or
(g) the person presenting the confirmation number cannot prove that he or she is the person named in the 'NAME OF PASSENGER' box, and Carrier reserves the right to retain such ticket.
Limitation on Carriage
2. Acceptance for carriage of incapacitated persons, pregnant women or persons with illness may be subject to prior arrangement with Carrier, in accordance with Important Notes. The Carrier will not carry unaccompanied children under the age of 16.
Refusal to carry or removal of passenger
3. If, due to a passenger's behaviour, conduct, mental or physical condition, the Carrier has in the exercise of its reasonable discretion, refused to carry a passenger, or removed such a passenger en route the passenger will not be entitled to further carriage or to a refund either in respect of the sector the subject of the refusal of carriage or removal. The Carrier will not be liable for any consequential loss or damage alleged due to any such refusal to carry or removal en route. The passenger shall indemnify the Carrier in full against any losses arising from the refusal of carriage or removal.
ARTICLE VII: BAGGAGE
Items Unacceptable as Baggage
1. (a) The passenger shall not include in his or her baggage:
(i) items which do not constitute baggage as defined in Article I hereof;
(ii) items which are likely to endanger the aircraft or persons or property in board the aircraft, such as those specified in the Dangerous Goods & Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA), and in Carrier's Important Notes. (Further information is available from Carrier on request);
(iii) items the carriage of which is prohibited by the applicable laws, Important Notes or orders of any state to be flown from, to or over;
(iv) items which in the opinion of Carrier are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items;
(v) Firearms and ammunition will not be accepted for carriage.
(b) The passenger shall not include in checked or hand baggage Dangerous Goods Items as specified in 1(a)(ii) including matches or lighters. On routes to / from the USA lighters are not permitted for carriage.
Fragile or perishable items, money, jewellery, precious metals, silverware, electrical goods, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples should not be included in checked baggage. (c) Weapons such as antique swords, knives and similar items may be accepted as checked baggage, unless prohibited by the applicable laws . (d) If any items referred to in Subparagraph (a)and (b) of this Paragraph are carried, whether or not 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.
The above information contains the main points relating to items which may be carried on all routes. Passengers travelling to / from the USA should also visit the website of the US Department of Homeland Security where further detailed information can be found.
Right to refuse Carriage
2. (a) Carrier may refuse carriage as baggage of such items described in Paragraph 1 of this Article 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 its size, shape, weight or character.
(c) Unless advance arrangements for its carriage have been made with Carrier, Carrier may carry on later flights baggage which is in excess 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.
Right of Search
3. (a) For reasons of safety and security, Carrier may request the passenger to 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 Paragraph 1 (a) above or any arms or munitions which have not been presented to Carrier in accordance with Paragraph 1 (b) above. If the passenger is unwilling to comply with such request Carrier may refuse to carry the passenger or baggage.
(b) The security authorities of some countries require checked baggage to be secured in such a manner that it can be opened in the Passenger's absence without the possibility of causing damage. It is the Passenger's responsibility to make him or herself aware of and comply with any such requirements.
Checked Baggage
4. (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, initials or other personal identification, the passenger shall affix such identification to the baggage prior to acceptance.
(c) Checked baggage will be carried on the same aircraft as the passenger, unless Carrier decides that this is impractical, in which case Carrier will carry the checked baggage on Carrier's next flight on which space is available.
(d) The Passenger must ensure that his or her checked and unchecked baggage is sufficiently robust and sufficiently secure to withstand the normal rigours of carriage by air without sustaining damage, save for normal wear and tear, and that, subject to paragraph 3(b) above, the baggage is properly locked.
Free Baggage Allowance
5. Passengers may carry free of charge baggage as specified and subject to the conditions and limitations in Important Notes
Excess Baggage
6. In its absolute discretion Carrier chooses not to carry excess baggage other than as stated in it's Important Notes - Baggage section.
Unchecked Baggage
7. (a) Baggage which the passenger carries on to the aircraft must fit under seat in front of the passenger or in an enclosed storage compartment in the cabin. Items determined by the Carrier to be of excessive weight or size will not be permitted in the cabin.
(b) Objects not suitable in the opinion of the Carrier, for transport in the cargo compartment (such as, but not limited to, delicate musical instruments and the like) will only be accepted for transportation in the cabin compartment if due notice has been given in advance and permission granted by Carrier. The transport of such objects will be charged for separately.
Collection and Delivery of Baggage
8 (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 baggage check and identify the baggage by means of a baggage (identification) tag, Carrier will deliver the baggage to such person only on condition that he or she establishes to the 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, damage or expense which may be incurred by Carrier as a result of such delivery.
(d) Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.
(e) In the event of mis-routed baggage, or other complaints related to the carriage of baggage, the passenger should contact in the first instance our Call Centre.
Unclaimed Baggage
9. Title in any baggage which is unclaimed after being in the Carrier's possession for four calendar months shall be deemed to pass to the Carrier which may make such arrangements for the disposal of baggage and the proceeds of sale arising therefrom as Carrier shall see fit.
Animals
10. The Carrier shall not carry any animals.
Items Removed from Passengers by Airport Security Personnel
11. Carrier will not be responsible for, nor have any liability in respect of, items removed from passengers from their baggage by airport security personnel acting in accordance with international or government Important Notes, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed by such airport security personnel to the Carrier.
ARTICLE VIII: SCHEDULES, DELAYS AND CANCELLATION OF FLIGHTS
Schedules
1(a) 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. Times shown in timetables or elsewhere are approximate and not guaranteed and do not form part of the contract of carriage. Schedules are subject to change without notice and Carrier assumes no responsibility for making connections.
(b)Carrier may, without notice, substitute alternative carriers or aircraft.
(c) Carrier may without notice cancel, terminate, divert, introduce stops, postpone or delay any flight.
(d) In the event of cancellation Carrier will make a refund in accordance with Article IX and the Carrier's Important Notes.
In the event of diversion Carrier will arrange for Passenger to be transported (at Carrier's expense) to the place of destination to which the flight was intended to be bound.
In the event of delay or disruption to Carrier's published schedule, Carrier's liability to the passenger shall be as set out in Carrier's Important Notes.
(e)Where a cancellation or significant alteration is made to Carrier's schedule before the date of departure, Carrier will use reasonable efforts to inform passengers of any such cancellation or alteration.
2. Except in the case of its acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, Carrier shall not be liable for errors or omissions in timetables or other published schedules, or for 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 the flight.
ARTICLE IX: REFUNDS
Refund of Scheduled Tickets
1. Scheduled tickets are refundable solely to the extent described in Carrier's Important Notes.
How refunds are made
2. Such refund shall be made only to the person who has paid the fare or to that person's order, who may be required to produce satisfactory proof of original payment.
Except in the case of lost Tickets, refunds will only be made on surrender to us of any other documentation provided by us in relation to carriage.
A refund made to anyone presenting the Ticket or any other documentation provided by us in relation to carriage and holding himself out as a person to whom refund may be made in terms of this paragraph shall be deemed a proper refund and shall discharge us from liability and any further claim for refund.
The method of obtaining a refund shall be as described in the Carrier's Important Notes.
ARTICLE X: ARRANGEMENTS ON BEHALF OF PASSENGERS
If in the course of concluding the contract by carriage by air, Carrier also agrees to make arrangements for the provision of additional services, Carrier does so only as the agent of the passenger and shall have no liability to the passenger except for negligence on its part in making such arrangements.
ARTICLE XI: ADMINISTRATIVE FORMALITIES
General
1(a) Carrier shall not be responsible for any losses arising from any passenger failing to comply with any of the obligations outlined in this Article. Passenger shall indemnify the Carrier against any liability arising from the passenger's failure to comply with the terms of this Article.
(b) The passenger shall be solely responsible for complying with all laws, Important Notes, orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier's Important Notes 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 visa or complying with such laws, Important Notes, 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 documents or visa to comply with such laws, Important Notes, orders, demands, requirements rules or instructions.
Travel Documents
2. The passenger shall present all exit, entry, health and other documents required by laws, Important Notes, orders, demands or requirements of the countries concerned. Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, Important Notes, orders, demands or requirements or whose documents do not appear to be in order.
Refusal of Entry
3. If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
Passenger Responsible for Fines, Detentions Costs etc.
4. If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.
Customs Inspection
5. 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.
Security Inspection
6. The passenger shall submit to any security checks by government or airport officials or by Carrier.
ARTICLE XII: LIABILITY FOR DAMAGE
1. Save as provided by the EC Regulation 2027/97, carriage by carrier is subject to the rules and limitations relating to liability established by the Warsaw Convention or Montreal Convention unless such carriage is not international carriage to which these Conventions apply.
2. The following conditions apply to all carriage by the carrier (whether in accordance with EC Regulation or otherwise):
(i)In the event of an accident resulting in the death, wounding or other bodily injury of a Passenger whilst on board an aircraft operated by carrier or in the course of any of the operations of embarking or disembarking, the amount of damages payable is not subject to any financial limit (be it defined by law, the Warsaw Convention or Montreal Convention or contract).
(ii)If the carrier proves that the damage was caused by, or contributed to by, the negligence of the Passenger the carrier may be exonerated wholly or in part from our liability in accordance with applicable law.
(iii)In the event of an accident resulting in the death, wounding or other bodily injury to a Passenger whilst on board an aircraft operated by carrier or in the course of any of the operations of embarking or disembarking, the carrier shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established (by a court or otherwise), make such advance payments as may be required to meet the immediate economic needs of that person on a basis proportional to the hardship suffered, provided that in the event of death the advance payment will not be less than the equivalent of 16,000 Special Drawing Rights per passenger.
(iv)Any advance payment paid pursuant to the above:
shall not be construed as an admission of liability by the carrier and is made without prejudice to any defence which the carrier are entitled to assert;
may be offset against any subsequent sums payable on the basis of the carrier being held liable;
is not returnable unless the Carrier subsequently proves that: (1) the Damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the deceased or injured passenger to whom the payment relates or if different, the person claiming compensation or the person from whom he or she derives his or her rights; or (2) the person who received the payment was not the person entitled to compensation under applicable law. Save to the extent that applicable law may otherwise provide, where any advanced payment paid, or any part thereof, is returnable to the carrier as detailed above, the person who received the payment concerned shall make the repayment to the carrier immediately upon the relevant proof being established (in a court or otherwise), together with interest calculated from the date of receipt of the payment by that person until the date of repayment to the carrier, at the then current judgment rate applicable in the court having jurisdiction. In respect of any advance payment to be made pursuant to paragraph 2(c) above or any figure expressed in terms of an equivalent in Euros to an amount in Special Drawing Rights:
the amount of the Euro equivalent shall be calculated at the prevailing rate set by the International Monetary Fund for the relevant date;
in circumstances where the United Kingdom has not introduced the Euro as legal tender on the relevant date, any payment shall be made, or as the case may be any figure shall be interpreted, as Pounds Sterling by applying the prevailing market conversion rate for Pounds Sterling to Euros for the relevant date of payment or determination as the case may be.
The carrier confirms that the carrier has liability insurance cover per passenger of at least 100,000 Special Drawing Rights and not less than the minimum amount stipulated by the Civil Aviation Authority.
3. The Carrier will not be liable for damages in excess of 100,000 Special Drawing Rights per Passenger where the Carrier can prove that the Damage was not due to the negligence or other wrongful act or omission of the Carrier or its servants or agents; or such Damage was solely due to the negligence or other wrongful act or omission of a third party.
4. The carrier's liability in respect of Checked Baggage and Unchecked Baggage is limited as follows: except as provided by Article 6(e) and (f) below, the Carrier's maximum liability is limited to the national currency equivalent of 1,000 Special Drawing Rights per passenger, as specified in the Montreal Convention.
5. Special Drawing Rights shall be converted into the appropriate national currency as at the date of judgment or settlement.
6. To the extent not in conflict with the foregoing and whether or not the Warsaw Convention or Montreal Convention applies:
(a) The carrier is liable only for damage occurring on its flights. A carrier issuing a ticket or checking Baggage on the flights of another carrier does so only as agent for such other carrier. Nevertheless, in cases where the Warsaw Convention or Montreal Convention applies with respect to Checked Baggage a Passenger may also have a right of action against the first or last carrier (in addition to any right of action against the carrier who performed the carriage during which the accident or delay occurred).
(b) The carrier is not liable for damage to Unchecked Baggage unless such damage is caused by its negligence . If there has been contributory negligence on your part, the carrier's liability shall be subject to the applicable law relating to contributory negligence.
(c) The Carrier shall have no liability where the Damage resulted from the inherent defect, quality or vice of the Baggage. Likewise we will not be liable for fair wear and tear of Baggage resulting from the usual and normal rigours of transportation by air (see also Article XII 4(d) regarding the suitability of your Baggage for transportation by air).
(d) The carrier is not liable for damage arising from its compliance with any laws or Government regulations, orders or requirement, or from your failure to comply with the same.
(e) The maximum limit of liability stated at 4 above shall not apply if the damage resulted from acts or omissions done by the carrier, its servants or agents with intent to cause damage or recklessly and with knowledge that damage to Checked Baggage would probably result.. If the weight of the Baggage is not recorded on the Baggage Check or Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free Baggage allowance for the class of service concerned, as provided in the carrier's Regulations. Checked Baggage a higher value declare to the carrier at check-in of the Baggage concerned and any supplementary charge required by the carrier is paid liability shall be limited to such higher declared value
(f) Where your Baggage has a greater value than the limit of the Carrier's liability stated in these Terms and Conditions, you should bring that fact to Carrier's attention at check-in so that you may make a special declaration and pay a supplementary sum according to the Carrier's tariff, which is available on request, or fully insure the value of the Baggage prior to travel. In any event , any potion of the value of your Baggage above the Carrier's applicable limit of liability should be insured by you prior to travel.
(g) The carrier's liability shall not exceed the amount of proven damages. The carrier shall furthermore not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising.
The 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. Any Passenger whose property causes injury to another person or Damage to another person's property or to carrier's property shall indemnify the carrier in respect of all claims against the carrier and also for all losses and expenses incurred by the carrier as a result thereof.
(h) The carrier is not liable for Damage to Articles not permitted to be contained (whether or not the carrier knew that such Articles were so contained) in Checked Baggage as set out in Article VII above except where and to the extent that the Warsaw Convention or Montreal Convention otherwise provides.
If the carrier carries you, and your age or mental or physical condition is such as to involve any hazard or risk to you, the carrier shall not be liable in any way whatsoever for any illness, injury or disability including death, attributable to such condition or for the aggravation of such condition arising out of the normal consequences of carriage by air.
Any exclusion or limitation of carrier's liability shall apply to and be for the benefit of its agents, employees and representatives and any person whose aircraft is used by carrier and such person's agents, employees and representatives. The aggregate amount recoverable from the carrier and from such agents, employees, representatives and person and such person's agents, employees and representatives shall not exceed the amount of its limit of liability.
8. Unless expressly provided nothing herein shall waive any exclusion or limitation of the carrier's liability under the Warsaw Convention or Montreal Convention or applicable laws.
9.(a) The Carrier's liability for Damage occasioned by delay in the carriage of Passengers by air is limited to 4,150 Special Drawing Rights per Passenger as specified in the Montreal Convention unless the Carrier can prove that the Carrier and its servants and agents took all measure that could reasonably be required to avoid the damage or that it was impossible to take such measures.
(b) The limits of liability stated in 9(a) shall not apply if the Damage resulted from the Carrier's act or omission done with the intent to cause damage or recklessly with the knowledge that Damage would probably result.
10. Any summary of the main provisions of the Carrier's liability set out in the Passenger's ticket or provided by the carrier or by a third party on the carrier's behalf, or by any other means, cannot be used as a basis for a claim for compensation, nor to interpret their provisions of Article XII of these Conditions of Carriage.
ARTICLE XIII: TIME FOR BAGGAGE CLAIMS, PROCESSING OF BAGGAGE CLAIMS AND TIME LIMITS FOR ALL ACTIONS FOR DAMAGES
Notice of Claims
1. No action shall lie in the case of damage to checked baggage unless the person entitled to delivery complains to Carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of 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.
Processing of Baggage Claims
2. (a) All claims for compensation for damage to baggage must be accompanied by an itemised list identifying each affected item and giving a description, including the manufacturer and age of the item, together with proof of purchase or evidence of ownership in respect of all such items. The passenger is not required to provide proof of purchase for items with a value of less than £5.00 (or local currently equivalent), or items more than 5 years old with a claim value of less than £50.00 (or local currency equivalent). The carrier will deduct an amount from the passenger's claim to account for depreciation where the carrier considers it appropriate.
(b) In the case of a compensation claim for physical damage for baggage, the passenger must retain the damaged baggage and produce it to the carrier on the carrier's request in order the carrier may examine it to assess the nature and extent of the damage and whether the damage is capable of repair.
(c) In the event that the passenger wishes to claim for the costs of replacing an individual item which forms part of a claim for damage to baggage, the passenger must consult the carrier before incurring the replacement cost, or otherwise it may not be included in the compensation payable to the passenger. This does not apply where the total cost of such replacement item does not exceed £25.00 (or local currency equivalent). The passenger must include proof of purchase of the replacement items when making the claim. The passenger is not required to make proof of purchase for any item with the cost of less than £5.00 (or local currency equivalent).
(d) In respect of all claims for damages concerning the passengers baggage, the passenger must provide the carrier with all information that the carrier requests to assess the eligibility of the passengers claim and the amount of damages payable.
(e) If the carrier requires the passenger to do so, the passenger must sign a statement of truth regarding the facts and value of the passenger's claim for damage to the passengers baggage before the carrier will make payment to the passenger.
(f) If the passenger fails to comply to the relevant requirements of this Article XIII 9 the passenger may adversely affect the amount of compensation to which he or she is entitled.
Limitation of Actions
3. 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 XIV: MODIFICATION AND WAIVER
1. Carrier may at any time cancel, terminate, amend or alter all or any part of these Conditions of Carriage or Carriers Important Notes or charter tariffs (where applicable).
2. For the avoidance of doubt, no employee, representative or agent has the authority to alter, modify or waive any of these Regulations. Booking with us implies you have read, understood and agree to be bound by the terms and conditions of carriage and agree to comply with all applicable laws, rules and regulations. No correspondence shall be entered into pertaining to the terms and conditions of carriage.
ARTICLE XV: APPLICABLE LAW AND JURISDICTION
These conditions of carriage and any dispute arising under or in connection with them shall be governed by the laws of Scotland irrespective of where the contract of carriage is entered into and any dispute not amicably resolved shall be subject to the exclusive jurisdiction of the Scottish courts.
NAME OF CARRIER: GLOBESPAN AIRWAYS LIMITED t/a flyglobespan
ABBREVIATION OF NAME: flyglobespan
Data Protection Policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we (and your travel agent) need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass on any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) If your travel arrangements involve the United States of America in particular, we are obliged to pass on your information (some of which may be sensitive information) including payment and credit card information to the customs and immigration authorities of the United States of America. If we cannot provide this information to these authorities we cannot provide your travel arrangements. In making this booking, you consent to this information being passed on to the customs and immigration authorities of the united States of America. Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. Your data controller is either The Globespan Group Plc or Globespan Airways Limited. You are entitled to a copy of your information held by us. If you would like to see this please write to The Globespan Group Plc or Globespan Airways Limited both at Colinton House, 10 West Mill Road, Edinburgh EH13 0NX. (We may make a small charge for providing this to you.)
