1

In these terms and conditions (where not inconsistent with the context)

1.1

“Baggage” includes Checked Baggage and Carry-on Baggage;

1.2

“Booking” means the booking entry made with and accepted by the Carrier in relation to the travel sought by or on behalf of the Passenger, the boarding pass, the baggage check and/or any other document or message of the Carrier relating to the contract of carriage concerning such travel;

1.3

“Carrier” means the carrier which accepts the Booking and all carriers that provide transport and services the subject of the Booking to the Passenger and any of that carrier’s agents, servants, representatives, contractors, subsidiaries or related bodies corporate;

1.4

“Carry-on Baggage” means baggage, personal effects or other articles (not being Checked Baggage) which accompanies the Passenger during the provision of transport and services the subject of the Booking;

1.5

“Checked Baggage” means baggage, personal effects or other articles checked with the carrier as baggage intended to be carried in the aircraft hold during the provision of transport and services the subject of the Booking and for which a bag tag number is issued by the Carrier;

1.6

“Convention” means (as applicable): the Convention of Unification of Certain Rules Relating to International Carriage by Air (1929) (“Warsaw Convention”); the Warsaw Convention as amended at The Hague (1955); the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975) the Guadalajara Convention (1961); and the Montreal Convention (1999);

1.7

“Domestic Travel” means carriage wholly within South Africa which is not part of international travel.

1.8

“Fare Rules” means those additional terms and conditions attaching to the transport and services the subject of the Booking (of which a Passenger is notified);

1.9

“International Travel” means international carriage as defined in the Convention and includes any South African Domestic Flight which forms part of an international trip;

1.10

“Loss” means any loss, damage, cost or expense, including consequential or indirect loss, loss of profit or loss of opportunity;

1.11

“Passenger” means the person specified as receiving transport and other services in the Booking and any infant or Baggage carried with that person;

2

The Booking and the contract for carriage between eHolidays and the passenger is subject to these terms and conditions and (as applicable) the Convention, South African laws.  These terms and conditions apply except to the extent of any inconsistencies with any applicable laws, in which event such laws will prevail to the extent of the inconsistency.

3

The Carrier is not a common carrier and may refuse to carry any person or Baggage, whether or not a Booking has been accepted or processed by the Carrier, without any obligation to provide reasons for such refusal.

4

Passengers must check in to board the flight at the Carrier’s check-in facility serving the place of departure: for International Travel (including domestic legs of an international flight) at least 120 minutes prior to the scheduled departure time and for Domestic Travel at least 90 minutes prior to the scheduled departure time.  The fare paid may be forfeited and the Carrier may cancel or re-allocate the Booking if a Passenger fails to check in by the time specified.

5

The time shown on the flight itinerary is the departure time of the aircraft. However to ensure on-time departure you must plan to arrive at the airport and report to the check-in counter in good time before the departure time. Flights cannot be held for passengers arriving late and no responsibility can be accepted in such cases. Therefore, it is in your own interest to check with the carrier on transport facilities and the minimum time required for check-in.

6.

The Booking and the benefit of the contract for carriage are not transferable by the Passenger.  The Carrier reserves the right to refuse a person carriage unless satisfactory proof of identity (e.g. passport, I.D document) and, in the case of minors, satisfactory proof of age, is produced at check-in.

7

The Booking is valid only for provision of the transport and services in respect of which it is accepted by the Carrier.  Subjected to clause 19 of these terms and conditions and to the extent permitted by law, no payment accepted by the Carrier in respect of a Booking is refundable under any circumstances.  Passengers may change Booking details, subject to the Fare Rules.  If a Passenger fails to travel on the scheduled services specified in the Booking, the Booking will lapse, become valueless and not be substituted for other services unless the fare has been booked in a fare class that permits such changes.

8

The carrier will make all reasonable endeavours to provide to the passenger the mode of transport or services the subject of the booking but, in certain circumstances beyond its control, the carrier may have to, without notice, substitute other means of transport or service.  These terms and conditions of carriage apply to any such substituted transport or services and other carriers will not be liable for any losses which a passenger may incur as a result of any such substitution.

9

The Passenger acknowledges that the Carrier may need to cancel or delay and reschedule flights or services due to industrial action, landing restrictions, airport loading restrictions, unsuitable weather conditions, technical problems or any event beyond the Carrier’s reasonable control, and scheduled flight times or destinations are not guaranteed.  In no circumstances will the Carrier be liable for any Losses which a Passenger may incur as a result of any such delayed or rescheduled flight or service.

10

If the Passenger is landed at a destination other than that specified in the Booking, the Carrier will make all reasonable endeavours to convey the Passenger to the specified destination, but undertakes no obligation to the Passenger as to time or means of transport.

11

The Carrier may offer two or more flight sectors for sale as a scheduled connection (“Connecting Flight”).  Subject to clause 8 in the event that a Connecting Flight fails to connect, the Carrier will use best endeavours to enable the Passenger to travel on the Carrier’s next available flight to the destination at which the Passenger was due to arrive on the Connecting Flight.

However, the Carrier does not provide any guarantee whatsoever that any two or more single sector flights (which are not offered for sale as Connecting Flights) will connect (even though a Passenger may book such single sector flights with the intention of those flights connecting).  Subject to the provisions of these terms and conditions of carriage and any applicable laws, the Carrier is not liable in any way for or in connection with any Loss which a Passenger may incur as a result of any such single sector Booked flights failing to connect.

Further, other than for Connecting Flights, in no circumstances does the Carrier offer, provide or guarantee connections between the flights it offers and the flights of another carrier or any other form of transport, and subject to the provisions of these terms and conditions of carriage and any applicable laws, the Carrier is not liable in any way for or in connection with any Loss which a Passenger may incur as a result of any such flight failing to connect with the flight of another carrier or another form of transport.

12

Passengers must comply with all applicable laws, regulations, orders and notifications in force relating to air transport and all conditions and instructions of the Carrier.  Passengers must submit upon request by the Carrier to reasonable searches of their person and Baggage.

13

A Passenger may be refused entry, be requested to leave the aircraft or other means of transport or be physically restrained or removed if: the Passenger is in breach of these terms and conditions, objectionable to other Passengers or is, for any reason, disturbing, causing discomfort to or threatening the safety or security of other Passengers, any property or the Carrier; the passenger is under the influence of alcohol or drugs or is not physically or mentally fit to travel; the Passenger requires medical or other special assistance; in order to comply with any applicable laws, regulations, or orders of any state or country to be flow from, into or over, The Carrier is not liable for any Loss which the Passenger incurs as a result.

13.1

Passengers are responsible for obtaining all travel documents (including visas) and inoculations and for complying with all laws, regulations, orders and travel requirements of countries to be flow from, into or over.  The Carrier will not be liable for the consequence of any passenger failure to obtain such documents or to comply with such laws, regulations, orders or requirements.

13.2

Prior to travel, passengers must present all valid travel documents required by the laws, regulations, orders or requirements of the countries concerned and permit the carrier to make and retain copies thereof.  The carrier reserves the right to refuse carriage if a passenger does not comply with these requirements.

13.3

All passengers who are denied entry into any country will be required to pay the cost of transportation from that country to a country of the Carrier’s choosing where the Passenger is acceptable.  The Carrier may apply towards such cost any fare paid to it for unused carriage or any of the Passenger’s funds in its possession.  The fare collected for carriage to the point of refusal or denied entry will not be refunded by the Carrier.

13.4

The Passenger must fully indemnify the Carrier for any Losses, legal costs and other expenses incurred by the Carrier (including any fines or penalties imposed on the Carrier) due to the Passenger being denied entry into any country, the Passenger’s failure to produce the required documents or the Passenger’s behaviour, health or medical condition.  The Carrier may set off against such Losses, costs and expenses any fare paid to it for unused carriage or any of the Passenger funds in its possession.

14

Subject to the provisions of these terms and conditions of carriage, the Convention and any applicable laws, the Carrier is not liable for or in connection with any:

(a)                 Loss sustained to or from Baggage, including (without limitation) Loss which is solely the result of normal wear and tear;

(b)                 illness, injury or death of any person, including (without limitation) any illness, disability or personal injury to, or death of, a Passenger caused or aggravated by the air travel where such travel posed a risk to the Passenger due to the Passenger’s age, physical or mental condition;

(c)                 Loss caused by a Passenger’s negligence or breach of these terms and conditions or the Passenger’s failure to comply with applicable laws, regulations, orders or requirements of any applicable country;

(d)                 Loss caused by the Carrier’s compliance with applicable laws, regulations, orders or requirements of any applicable country;

(e)                 death, personal injury, delay or Loss caused by anything in a Passenger’s Baggage (and each Passenger agrees to indemnify the Carrier for any death, injury, delay or Loss caused by the Passenger’s Baggage to other persons or property, including the Carrier’s property); or

(f)                   Loss arising out of or in any way connected to the provision of transport and other services to the Passenger (whether arising from negligence or otherwise) including, without limitation, any change to the transport or services described in or covered by the Booking or inaccuracies or errors in any information related to transport, services or pricing.

14.1

The Carrier will rely on all limitations of liability and defences under the Convention and any applicable law.  The Carrier reserves all rights against any other person, including rights of contribution and indemnity

14.2

International Travel: Subject to these terms and conditions, the Carrier’s liability for personal injury or death of a Passenger and for loss or damage to Baggage is limited by the Convention.  For international and domestic travel within South Africa, the Carriers liability for Checked Baggage is limited to ZAR130.00 per kilogram up to a maximum of 20kg. The liability for Carry-on Baggage is limited to a maximum of ZAR1000.00.  If the weight of a passenger’s checked 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.

14.3

Checked baggage must have your name or other personal identification affixed to it.

14.4

Checked baggage will whenever possible be carried on the same aircraft as you unless we decide for space, safety or operational reasons to carry it on a subsequent flight we will deliver it to you unless applicable law requires you to be present for custom clearance.

14.5

If the carrier believes that the aircraft weight limitation or seating capacity would otherwise be exceeded, we will decide with reasonable discretion which passengers and baggage shall be carried.

14.6

You will be required to pay a charge for carriage of baggage in excess of 20kg as follows:

14.6.1 Domestic flights within South Africa ZAR23.00 per kilogram.

14.6.2 International flights 1.5% of Gold class fare applicable to that route.

14.6.3 Sporting Equipment on Domestic flights in South Africa ZAR16.00 per kilogram.

14.7

All Bookings:  The Carrier does not accept the following items as Checked Baggage and does not accept liability for their loss or damage unless the items are identified to the Carrier and it has, in its absolute discretion, given its written acceptance for carriage and accepted liability in writing for the loss or damage:

(a)                 Cash, credit cards, deeds, passports and other travel documents, securities, business documents or other valuable documents;

(b)                 Jewellery, antiques, precious metals or similar valuable items;

(c)                 Any item of a delicate, fragile or brittle nature e.g. glassware, sports equipment, musical instruments;

(d)                 Any items of a perishable nature;

(e)                 Medicines;

(f)                   Electrical or electronic components eg. computers, cameras;

(g)                 Any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air.

14.8

All Bookings:  The Carriers liability for lost or damaged Baggage is not new for old replacement and is limited to the actual loss suffered by the Passenger, subject to the limitations as specified in clause 14.2.

15.1

Domestic Travel:  Written claims must be made to the Carrier: in respect of damage to or loss or destruction of only part of Checked Baggage, within 3 days of the Passenger receiving the remainder of the Checked Baggage from the Carrier; in respect of loss or destruction of a whole item of Checked Baggage, within 21 days from the date the Passenger should have received the Checked Baggage from the Carrier; or in respect of damage, loss or destruction of Carry-on Baggage, within 3 days from the date the carriage ended.

15.2

International Travel:  Written claims must be made to the Carrier in respect of damage to or loss or destruction of Checked Baggage (or part thereof), within 7 days of when the Passenger should have received the Checked Baggage from the Carrier; in respect of damage, loss or destruction of Carry-on Baggage, within 3 days from the date when the carriage ended; or in respect of delay of Checked Baggage, within 21 days of the Passenger receiving the Checked Baggage from the Carrier.  Acceptance of Checked Baggage by the passenger without complaint at the time of delivery presumes that the Baggage has been delivered in good condition and in accordance with these terms and conditions, unless the passenger proves otherwise.

15.3

All Bookings:  Unless extinguished earlier by these terms and conditions, the Convention or applicable law, a Passenger’s right to claim damages against the Carrier will expire if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.

16.1

Each Passenger (except an infant not occupying an aircraft seat) is entitled to carry on board (unless the Carrier directs such be stowed in the aircraft hold) either one briefcase or small bag, in either case not exceeding depth 23cm, height 34cm, length 48cm, and one suitpack or garment bag, in either case non-rigid/unfolded and not exceeding thickness 11cm, width 60cm, length 114cm (or another such briefcase or small bag instead of the suitpack/garment bag).  The total weight of all Carry-on Baggage of each Passenger (except infants not occupying an aircraft seat) must not exceed 7 kg.

16.2

Crutches or other prosthetic devices may be carried in the cabin provided the Passenger is dependent upon their use in respect of the journey being undertaken.

16.3

Mobility aids and wheelchairs which Passengers may reasonably need to use in respect of the journey being undertaken will be stowed in the aircraft hold during the flight and carried free of charge.

16.4

Each Passenger (except an infant not occupying an aircraft seat) is entitled up to 20kg of Checked Baggage without charge..

16.5

Passengers must remove all Carry-on Baggage from the aircraft upon disembarking and collect the Checked Baggage as soon as it is made available for collection.  Any Baggage not removed from the aircraft or not collected by the Passenger will be disposed of by the Carrier (without any liability to the Passenger) if it is not claimed within 90 days after the flight.  The Carrier is not liable for any Loss suffered by a Passenger who has failed to remove all Carry-on Baggage from the aircraft upon disembarkation.

17

Passengers must not take onto the aircraft as Checked Baggage any dangerous goods or potentially dangerous goods including: Compressed gases (e.g. refrigerants, gases such as butane, aqualung cylinders, liquid nitrogen, oxygen); Infectious substances (e.g. live virus cultures, bacterial strains); Corrosive substances (e.g. acids, alkaline, mercury, wet cell batteries); Flammable liquids or solids (e.g. fuel of any kind, matches (except safety matches), paints, thinners); Explosives (e.g. firearms, ammunitions, fireworks, flares); Radioactive and magnetised materials; Oxidising materials (e.g. bleach, peroxide); Poisons (e.g. weed killers, insecticides); Dead animal matter; Live animals (except in clause 18); Weapons of any type (e.g. knives, box cutters, any item confiscated by airport security); or items the carriage of which is prohibited by the applicable laws, regulations or orders of any country to be flow from, to or ever.  The Carrier is entitled to destroy, abandon, withhold or retain such goods (without any liability to the Passenger) and produce them as evidence in any proceedings or inquiry as it considers appropriate.

18.1

Domestic Travel:  At the sole discretion of the Carrier and provided the Passenger has contacted the Carrier a reasonable time prior to the date of travel to make arrangements for domestic pets subject to space availability, any special conditions imposed by the Carrier and payment of the applicable charge.  All such animals must be secured in an appropriate animal travel container (one animal per container).  Animals accepted by the Carrier on behalf of its freight company are not considered part of the Passenger’s Checked Baggage and the Carrier is not liable for such animals under clause 14.2.

18.2

All Travel:  Service assist dogs accompanying sight or hearing impaired Passengers may be carried free of charge in addition to the Carry-on Baggage allowance, subject to any conditions specified by the Carrier.  International Travel Passengers must bring all their dog’s health and vaccination certificates, entry permits and all other documents required by any applicable laws, regulations or order of any country to be flown from, to or over.  The Carrier will not be liable for injury to or loss, illness, disability or death of any service assist dog, or in the event that it is refused entry into, or passage through any country, state or territory.

19

To the extent permitted by applicable laws, any liability of the Carrier for a breach of any

provisions of the contract of carriage or related obligations shall not exceed re-supply or the

payment of the cost of re-supply of the service in question.

20

The price of the travel the subject of the Booking may include taxes, imposts or fees which

are imposed by governments or other authorities in relation to air transportation.  Passengers

may be required to pay taxes, imposts or fees which have not already been collected.

21

These terms and conditions of carriage may not be altered, modified or waived by any person (including the Carrier’s agents, employees or representatives).

22

These terms and conditions also apply to the Carrier’s employees, agents and representatives, all other carriers used by the Carrier to carry the Passenger and those carriers’ employees, agents and representatives.