Flight Terms - conditions of carriage
4. Conditions of Carriage
4.1.1 If your journey involves an ultimate destination or stop in a country, other than the country of departure ("International Carriage"), the Convention may be applicable and shall govern and may limit our liability for death or bodily injury and in respect of loss of or damage to baggage.
4.1.2 These Flight Terms govern our liability to you. The liability of any other carrier on whose ticket or Booking you are travelling will be determined by that carrier's own Conditions of Carriage.
4.1.3 Carriage by us is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which the Convention applies, in which case any other applicable laws shall apply.
4.2 Conditions of Carriage
4.2.1 As used in these Flight Terms "Carriage" is equivalent to "transportation".
4.2.2 We will only carry you if you are the person named on the Ticket and we may ask you for proof of identity to verify this. If you are travelling on an Electronic Ticket, you will not be entitled to be carried on a Flight unless the Electronic Ticket was issued in your name and you can prove to us that you are the person named on the Electronic Ticket.
4.2.3 Carriage with us is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not International Carriage as defined by the Convention.
4.2.4 To the extent not in conflict with these Flight Terms carriage and other services performed by us are subject to: (i) provisions contained in the Ticket; (ii) applicable Tariffs; (iii) these Conditions of Carriage and related regulations which are made part of these Conditions of Carriage (which are available on request at our registered office), except in transportation between a place in the United States or Canada and any place outside thereof to which Tariffs in force in those countries apply.
4.2.5 Our name may be abbreviated in the Ticket to either "MON" or "ZB". Our address is Prospect House, Prospect Way, London Luton Airport, Luton LU2 9NU. Please also see our website www.monarch.co.uk for more details of how to contact us.
4.2.6 Any exclusion or limitation of liability of Monarch shall apply to and be for the benefit of our agents, servants and representatives and any person whose aircraft is used by us for carriage and its agents, servants and representatives.
4.2.7 Your Ticket is good for carriage as provided in your Ticket, in any applicable Tariffs, these Conditions of Carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. We may refuse transportation if the applicable fare has not been paid.
4.2.8 Checked baggage will be delivered to the bearer of the Baggage Identification Tag. In case of damage to your Baggage you must notify us immediately after discovery of the damage and, at the latest, within seven days from receipt of the Baggage; in case of delay, you must notify us within 21 days from the date the baggage was delivered to you.
4.2.9 We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of our contract with you. We may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the Ticket in case of necessity. Schedules are subject to change without notice.
4.2.10 Where your Booking is for a Flight, we assume no responsibility for missed onward carriage on another Flight or on the flights of other carriers. Where you choose to book such an onward Flight or flight on another carrier, you are responsible for ensuring you comply with any and all check-in, baggage and travel documentation requirements on such subsequent Flight or flight on another carrier.
4.2.11 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. However, please read paragraph 4.3.1 D1 below.
4.2.12 You must comply with Governmental travel requirements, present exit, entry and other required documents and arrive at the departure airport by time fixed by us or, if no time is fixed, early enough to complete departure procedures.
4.2.13 No agent, servant or representative of ours has authority to alter, modify or waive any provision of this contract.
4.3 Limits of liability
4.3.1 The applicable limits of liability for your journey operated by us, are as follows (this notice conforms to the requirements of European Community Regulation (EC) No 889/2002):
A. Our liability for death, wounding or other bodily injuries of passengers
A1. There are no financial limits for proved damages as a result of death or bodily injury and we may make an advance payment to meet immediate economic needs of the person entitled to claim such compensation. For damages up to 113,100 SDRs (approximately €135,000) we cannot contest claims for compensation. Above that amount, Monarch can defend itself against a claim by proving that it was not negligent or otherwise at fault.
A2. If a passenger is killed or injured, we 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 (approximately €19,200).
A3. Notwithstanding the provisions of paragraph A2 above, if we prove that the death or injury was caused by, or contributed to by, the negligence or other wrongful act or omission of the injured or deceased passenger or of the person claiming compensation we may be exonerated wholly or partly from our liability in accordance with applicable laws.
A4. To the extent that damages under this paragraph A may potentially exceed 113,100 SDRs (approximately €135,000), they will be reduced accordingly if we prove that the damage was not due to the negligence or other wrongful act or omission of us or our agents or that the damage was solely due to the negligence or other wrongful act or omission of a third party.
A5. An advance payment shall not constitute recognition of our liability.
A6. An advance payment may be offset against any subsequent sums paid on the basis of our liability.
A7. An advance payment is not returnable, except in the cases described in paragraph A3 above, or in circumstances where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation.
A8. We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
B. Our liability to you for damage to your Baggage
B1. In the case of destruction, loss of, or damage or delay to your Baggage, our liability to you is limited by the Convention to 1,131 Special Drawing Rights (approximately €1,350) unless such damage resulted from an act or omission by us or our agents carried out either (i) with the intention of causing the damage or (ii) with reckless disregard and with knowledge that damage would most likely result, and you prove that our employees or agents responsible for such act or omission were acting within the scope of their employment.
B2. If the value of your Baggage is greater than 1,131 Special Drawing Rights (approximately €1,350), you should ask at check-in to make a special declaration of higher value and pay the applicable fee, following which our liability will be limited to the higher declared value. Alternatively you should ensure that your Baggage is fully insured prior to travel. You can access an insurer on this website.
B3. We are not liable for damage to unchecked Baggage unless the damage is caused by our negligence or the negligence of our agents. We are not liable for damage to Baggage caused by delay if we can show that we and / or our agents took all reasonable measures to avoid the damage or if it was impossible for us or our agents to take such measures.
B4. We are not liable for any damage caused by your Baggage. You are responsible for any damage caused by your Baggage to other people and property, including our property.
B5. We are not liable in any way whatsoever for damage to or loss of items which you include in your checked Baggage but which you are forbidden from including under these Flight Terms or applicable laws. These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, business documents, or passports and other identification documents. In the event of any claim for damage, delay or loss, we may avail ourselves of all defences of contributory negligence specified in the Convention.
B6. We are not liable in any way whatsoever for damage to items which you include in your unchecked Baggage which you are forbidden from including by these Flight Terms or applicable laws.
C. Our liability for damage as a result of delay to you
C1. In the case of delay to your journey, our liability is limited to 4,694 Special Drawing Rights (approximately €5,650).
C2. We are not liable for damage to you caused by delay if we can show that we and / or our agents took all reasonable measures to avoid the damage or if it was impossible for us or our agents to take such measures.
D1. In the event that we (i) issue a Ticket for you to be carried on another carrier or (ii) check in baggage for carriage on another carrier we do so only as 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.
D2. We are not liable for any damage arising from the fact that (i) we have obeyed applicable laws or government rules and regulations or (ii) you have not obeyed applicable laws or government rules and regulations.
D3. Except where these Conditions of Carriage say differently, we are liable to you only for compensatory damages which you are entitled to recover for proven losses and costs under the Convention.
D4. Our contract of carriage with you (including these Conditions of Carriage and exclusions or limits of liability) applies to our agents, servants, employees and representatives in the same way as it applies to us. As a result, the total amount you can recover from us and our agents, servants, employees and representatives will not be more than the total amount of our own liability, if any.
D5. Unless we say otherwise, nothing in these Conditions of Carriage gives up any exclusion or limitation of liability to which we are entitled under the Convention or any applicable laws which may apply.
D6. Nothing in these Conditions of Carriage (i) prevents us from excluding or limiting our liability under the Convention or any laws which apply or (ii) gives up any defence available to us under the Convention or any applicable laws which apply against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a passenger.
E. Time limits for Baggage complaints
E1. If you receive checked Baggage but do not make a complaint that will be sufficient evidence that the Baggage was delivered in good condition and in accordance with these Conditions of Carriage. If the person with a Baggage Identification Tag receives checked Baggage but does not make any complaint in accordance with paragraph B above, this will be sufficient evidence that the checked Baggage has been delivered in good condition and in accordance with these Conditions of Carriage.
E2. Complaints about damage to checked Baggage must be made in writing within 7 days of receiving the Baggage.
E3. Complaints about delay to checked Baggage must be made in writing within 21 days of the Baggage being made available to you.
F. Actions for damages
F1. You will have no right to damages as contemplated in paragraphs A, B or C above, if an action is not brought within two years calculated from (i) the date of arrival at the place of destination (ii) the date on which the aircraft ought to have arrived or (iii) the date on which the carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard.
F2. In compliance with Article 11 Regulation EC 2111/2005, Monarch is obliged to inform passengers of the identity of the operating air carrier or carriers.
F3. 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.