CONDITIONS OF CARRIAGE

Conditions of Carriage

1. In this contract, the following expressions or words shall bear the meanings assigned to each of them respectively in this paragraph:
   1. "Ticket" means this passenger ticket and to which all the terms and conditions contained herein form an integral part;
   2. "Carriage" means carriage and transportation of passengers as well as that of baggage;
   3. "Carrier" means all air carriers that carry or undertake to carry passengers and/or their baggage pursuant to these conditions of carriage;
   4. "Warsaw Convention" means the convention for the unification of certain rules relating to International carriage by air signed at Warsaw on the 12th October 1929 and the convention as amended at the Hague 28th September 1955;
   5. "Guadalajara convention" means the Guadalajara convention on the 18th of September 1961 read with the Warsaw convention insofar as same may be applicable.
2. Carriage under and in terms of this passenger ticket is subject to all the terms, conditions and limitations relating to liability established by the Warsaw convention as read with the Guadalajara convention irrespective as to whether or not their carriage is "international" as defined in the Warsaw convention read with the Guadalajara convention. Chapter III, Article 22, the provisions of which are made part hereof and which are available on application at the offices of the carrier, limits the liability of the carrier in the event of passenger injury (fatal or otherwise) claims as well as loss or delay of or damage to baggage and cargo. For carriage not governed under the provisions of the Convention, the carrier accepts no liability of any kind whatsoever. The carrier is insured in terms of Regulation 5 of the Domestic and International Air Services Regulations.
3. These conditions of carriage shall apply to and govern all carriage and other services rendered and/or undertaken by or on behalf of the carrier, but without in any way limiting the generality of the aforementioned, handling and/or transportation on the ground.
4. Any exclusion or limitation of liability of the carrier shall apply to and be for the benefit of agents, servants and representatives of the carrier and any person whose aircraft is used by the carrier for carriage as well as its agents, servants and representatives.
5. The Passenger accepts that the baggage is processed through different handling procedures managed by other parties apart from the carrier’s staff, and that the passenger should expect reasonable wear-and-tears as well as possible damages. Therefore, as a result of the aforementioned, the carrier cannot accept liability for any losses or damages as a result of the aforesaid and the passenger should ensure proper locks and/or wrapping on its own baggage and where necessary insurance on any valuables and holds the carrier harmless of any damage, loss and injury suffered as a result of its failure to do so.
6. The carrier undertakes to use its best efforts to carry the passengers and baggage with reasonable dispatch. The carrier may without notice substitute the aircraft or use an alternate carrier and/or may alter or omit stopping places shown on the ticket in case of necessity. The carrier assumes no responsibility for making connections.
7. It may happen that a passenger’s luggage may not be loaded onto the same flight that the passenger might take as result of operational requirements beyond the carrier’s control and therefore the passenger will hold the carrier harmless due to any delay, loss, damage, or injury suffered resulting from the aforesaid.
8. If we and other carriers are involved in performing carriage for you under one ticket‚ or under a conjunction ticket‚ we will regard the carriage as a single operation for the purposes of the Convention. If we issue a ticket for you to be carried on another carrier or check in baggage for carriage on another carrier‚ we only do so as an agent for that carrier. If you have a claim for checked baggage‚ you may make it against the first or last carrier or against the carrier performing the carriage during which the damage took place.
9. The carrier will not be held responsible or liable for any items left on its aircraft and/or at the airport due to the negligence of the passenger, ground handling and/or airport staff member.
10. The carrier encourages the passenger to keep valuable items in its hand luggage to be carried personally and placed in the overhead compartment. The passenger holds the carrier harmless of any damages, loss or injury suffered as a result of placing any hand luggage in the cargo hold at its own volition or at instruction from any of the carrier’s members
11. It is hereby acknowledged by all concerned that the registered address of the carrier is situated at Hangar 6, OR Tambo International Airport, Gauteng, South Africa.
12. South African law shall apply to and govern all rights and obligations of the parties to this contract.
13. All rights and claims to damages shall expire should written notice not be received by the carrier within 10 (ten) days of the incident by the carrier, reckoned from the date of arrival at the destination or from the date upon which the aircraft ought to have arrived or from the date on which the carriage stopped.
14. In the event of any criminal occurrences (such as theft malicious damages to property, fraud), the passenger shall duly undertake to report such events at the airport, it’s carrier and the South African Police Services
15. No agent, servant or representative of the carrier has any authority to alter, modify or waive any provision of this contract and the carrier will be held harmless of any liability through any representations made through such persons.
16. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.
17. Passengers shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier, if no time is fixed, early enough to complete departure procedures.
18. Without in any way derogating from the aforesaid limitations of liability, the carrier(s) shall not be liable for:
    1. any direct, indirect, or consequential harm howsoever caused; or
    2. any damage or loss for a passenger’s baggage caused by other baggage, property contained in the passenger’s baggage or that of another passenger; or
    3. any damage or loss to fragile or perishable articles, money, jewellery, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents, photographic equipment and accessories, or samples, which are in the passenger’s possession or are included in the passenger’s checked or unchecked baggage, or any baggage itself (including suitcases, briefcases, bags and similar articles) whether with or without the knowledge of the carrier(s).
19. If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself, the carrier(s) shall not be liable for any illness, injury or disability, including death, attributable to such condition for the aggravation of such condition.
20. CemAir is duly licensed in terms of the Air Services Licensing Act of 1990 and the International Air Services Act of 1993. Licence numbers N912D; I/N189; S984D; I/S231.
21. For safety reasons, dangerous articles such as those listed below, must not be carried in passengers' baggage:
    1. Compressed gases (deeply refrigerated, flammable, non-flammable and poisonous) such as butane, oxygen, liquid nitrogen or aqualung cylinders.
    2. Corrosives such as acids, alkalis, mercury and wet cell batteries.
    3. Explosives, munitions, fireworks and flares.
    4. Flammable liquids and solids such as lighter fuel, matches, paints, thinners or fire-lighters.
    5. Radioactive materials.
    6. Brief-cases and attaché cases with installed alarm devices.
    7. Oxidising materials such as bleaching powder or peroxides.
    8. Poisonous and infectious substances such as insecticides, weed-killers and live virus materials.
    9. Other dangerous articles such as magnetised material, offensive or irritating material.
22. Medication and toiletries in limited quantities which are necessary or appropriate for the passenger during the journey, such as hairsprays, perfumes and medicines containing alcohol may be carried. Many of these listed articles may be carried as air cargo provided they are packed in accordance with cargo regulations.