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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 this contract 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 contract and 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, 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 carrier undertakes to use its best efforts to carry the passengers and baggage with reasonable dispatch. The carrier may without notice substitute alternate carriers or aircraft and may alter or omit stopping places shown on the ticket in case of necessity. The carrier assumes no responsibility for making connections.
  6. It is hereby acknowledged by all concerned that the domicile and principal place of business of the carrier is situated at Hangar 6, OR Tambo International Airport, Gauteng, South Africa.
  7. The parties to this contract of carriage consent to the jurisdiction of the High Court of South Africa in respect of any action that may be taken against the carrier.
  8. South African law shall apply to and govern all rights and obligations of the parties to this contract.
  9. All rights and claims to damages shall expire should written notice not be received by the carrier within one year 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.
  10. No agent, servant or representative of the carrier has any authority to alter, modify or waive any provision of this contract.
  11. 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.
  12. 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.
  13. Without in any way derogating from the aforesaid limitations of liability, the carrier(s) shall not be liable for:
    1. any indirect or consequential damages, howsoever caused; or
    2. any damage for a passenger's baggage caused by property contained in the passenger's baggage. Any passengers whose property causes damage to another passenger's baggage or to the property of the carrier(s) shall and hereby indemnifies the carrier(s) for all losses and expenses incurred by the carrier(s) as a result thereof or
    3. any damage 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).
  14. 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.
  15. 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.
  16. 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.
  17. 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.
Dangerous goods CemAir Conditions of Carriage