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If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage. See also notices headed "Advice to International Passengers on Limitation of Liability and "Notice of Baggage Liability Limitations".

  1. As used in this contract "ticket" means this passenger ticket and baggage check, or this itinerary/receipt if applicable, in the case of an electronic ticket, of which these conditions and the notices form part, "carriage is equivalent to "transportation", "carrier" means all air carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage, "electronic ticket" means the Itinerary/Receipt issued by or on behalf of Carrier, the Electronic Coupons and, if applicable, a boarding document. WARSAW CONVENTION" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Haugue, 28th September 1955, whichever may be applicable.

  2. Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not "International Carriage" as defined by the Convention.

  3. To the extent not in conflict with the foregoing, carriage and other service performed by each carrier are subject to: (i) provisions contained in this ticket, (ii) applicable tariffs, (iii) carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier), except in transportation between a place in the United States or Canada and any place outside thereof which tariffs in force in those countries apply.

  4. Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in carrier's timetables as schedule stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.

  5. An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its Agent.

  6. Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.

  7. Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation compliant must be made in writing to carrier forthwith after discovery of damage and, at the latest, within 7 days from receipt: in case of delay compliant must be made within 21 days from the date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation.

  8. This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in carrier's tariffs, conditions of carriage or related regulations. 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.

  9. Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules and subject to change without notice. Carrier assumes no responsibility for making connections.

  10. Passengers shall comply with Government travel requirements, present exit, entry and other required documents and arrive at the airport by the time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.

  11. No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.

Approved by the Board of directors by resolution passed on April 25.1994, September 25,1996 and on March 31,1997.

Air India (IC), hereby makes the following conditions of contract relating to Non- International Carriage of Passengers and Baggage performed by Air India (IC).

  1. Short Title and extent:
    1. These conditions may by called the Air India (IC) Non-International Carriage (Passenger and Baggage) conditions of Carriage.

    2. These shall come into force from March 31,1997.
    3. These conditions apply to all non-international carriage of passengers and baggage performed by the Air India (IC) Company.
    4. These conditions do not apply to:
      1. Carriage of mail.
      2. Carriage of goods and
      3. Carriage of employees of the Air India (IC) company when they are carried or the purpose of performing any duties assigned to them by the Air India (IC) company on the aircraft.

  2. Definitions:- In these conditions, unless there is anything repugnant in the subject or context-

    1. 'Government' means the Government of India.
    2. 'Company' means the Air India (IC) and
    3. 'Non-international carriage' means carriage other than international carriage as defined in the Carriage by Air Act, 1972.
    1. The passenger ticket issued by the Company will be valid only for the service for which is issued and shall not be transferable.
    2. In the case of children under 12 years of age travelling unaccompanied, the written consent of the legal guardian shall be required.
    3. The Company reserves to itself the right, without assigning any reason, to cancel, advance, reschedule, overfly or delay the commencement or continuance of the flight or to alter the stopping place or places or to deviate from the route of the journey or to change the type of aircraft in use without thereby incurring any liability in damages or otherwise to the passengers or any other person on any ground whatsoever. The Company also reserves to itself the right to refuse to carry any person whom it considers unfit to travel or who in the opinion of the Company may constitute risk to the aircraft or to the persons on board.
  3. If at any stage it is found that the aircraft with the booked load or passengers etc. will be over-loaded, the Company will have the right to decide which passengers or articles shall be off-loaded and such decision shall be binding.

  4. The liability of the Company for damage sustained in the event of the death or wounding of a passenger, or any other bodly injury suffered by a passenger, or by his registered baggage during the course of carriage by air will be governed by the provisions of section 4,5,6 and the rules contained in the second schedule of Carriage by Air Act, 1972, with certain exceptions, adaptations, modifications etc, as notified in the Government of India, Ministry of Tourism and Civil Aviation Notification No. AV 11012/5/79 A dated 05-07-1980 published in part II, section 3, sub section(ii) of the Gazette of India dated 19-07-1980 and amended vide notification No. AV 11012/5/79 A dated 22-08-1989, No. AV 11012/5/79 A dated 26-3-1992 and further amended vide notification No.AV 11012/1/97 A dated 20-01-1998 as published in part II, section 3, sub section (ii) of Gazette of India dated 31-01-1998.

    1. In particular the Company is liable for damage sustained n the event of death or wounding of a passenger or any other bodly injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

    2. Subject to the provisions of sub-clause (e) below:

      • In the event of death of a passenger, or any body injury or would suffered by a passenger which results in a permanent disable ment incapacitating him from engaging in or being occupied with his usual duties or business or occupation, the liability of the Company for each passenger shall be Rs. 7,50,000/-, if the passenger be 12 or more years of age, and Rs.3,75,000/-, if the passenger be below 12 years of age, on the date of the accident.

      • In the event of wounding of a passenger or any other bodly injury suffered b a passenger which results in a temporary disablement entirely preventing the injured passenger from attending to his usual business or occupation or duties, the liability of the Company for each passenger shall be limited to a sum equal to Rs.750 per day for every day during which he continues to be so disabled or a sum of Rs. 1, 50,000, whichever is less.

    3. If the Company proves that the damage was caused by or contributed to by the negligence of the injures person, the Company will be liable to only such liability, if any, as may be determined by a court of law, such liability, in any case, not exceeding that provided in sub-clause (b) above.

    4. Subject to the provisions of sub-clause (e) below the Company is liable for damage sustained in the event of the destruction of loss of or of damage to any registered and unregistered baggage if the occurrence which caused the damage so sustained took place during the carriage by air. The liability of the Company shall be limited to a sum of Rs. 450 ( Rupees Four Hundred and Fifty) per kilogram for registered luggage and Rs.4000 (Rupees Four Thousand) in respect of entire unregistered baggage of which the passenger takes charge himself.

    5. In the carriage of baggage the Company will not be liable if ti proves that the damage was occasioned by navigation and that, in all other respect, it and its agents had taken all necessary measures to avoid the damage or that it was impossible for it or them to take such measures.

    6. The Company is not liable for damage occasioned by delay in the carriage by air of passengers or baggage.

  5. The obligation of the Company is expressly limited to the journey between the airports of departure and destination and shall not in any event subsist previous or subsequent thereto, and in particular, no part of any journey undertaken by the passenger, whether such journey be by land or water borne, previous or subsequent to the carriage specified on the ticket, shall be deemed to form part of such carriage.

  6. The passenger all comply with all government rules, regulations, promulgations or notifications for the time being in force as may be introduced from time to time and shall fulfill all requirement of law and present all exit or entry or other documents, required by law and shall not be entitled to any refund of the fare paid in the event of non-performance of the journey arising out of any cause directly or indirectly attributable to his failure to comply with such rules, regulations etc. of the Government or law. The passenger shall also observe the instructions of the Company, its agents, servants or employees concerning all matters connected with the carriage, but no agent, servant or employee of the Company shall have authority to waive any provision of these regulations.

  7. The Company shall not accept for carriage passenger's properly or baggage or both with a special declaration of value at delivery.

  8. The ticket issued by the Company shall be subject to the rules of cancellation made by the Company for the time being in force which may be seen at any office of the Company on request.

  9. Receipt without complaint, of registered baggage on the termination of the journey shall be prima facie evidence that the baggage has been delivered correctly and in good condition.

Any action to enforce liability against the Company may be brought by a duly authorized representative of the passenger or by any person who would be the legal heir of the passenger according to law. But only one action shall be brought in respect of the death of any one passenger and every such action, by whomsoever brought, shall be for the benefit of all entitled persons  

 
 
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