Flight Terms - conditions of contract
If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention or the Montreal Convention may be applicable and these Conventions govern and may limit the liability of carriers for death or bodily injury and in respect of loss of or damage to baggage.
conditions of contract
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 Hague, 28th September 1955, whichever may be applicable; 'Montreal Convention' means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, 28th May 1999.
2. Carriage hereunder is subject to the rules and limitations relating to liability established by either the Warsaw Convention or the Montreal Convention unless such carriage is not "International Carriage" as defined by that Convention.
3. To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to: (i) provisions contained in the 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 office of carrier), 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. 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 at 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 any supplement to it, or as shown in carrier's timetables as scheduled 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 complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint 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 are subject to change without notice. Carrier assumes no responsibility for making connections.
10. Passenger shall comply with Governmental travel requirements, present exit, entry and other required documents and arrive at airport by 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.
limits of liability
The applicable limits of liability for your journey operated by Monarch Airlines, are as follows:
1. There are no financial limits for death or bodily injury and the air carrier may make an advance payment to meet immediate economic needs of the person entitled to claim compensation;
2. In the case of destruction, loss of, or damage or delay to baggage, 1,131 Special Drawing Rights (approximately EUR 1,350; US 1,660) and, if the value of your baggage is greater than this limit, you should ask at check-in or ensure that it is fully insured prior to travel. You can access an insurer on this website;
3. In the case of delay to your journey, 4,694 Special Drawing Rights (approximately EUR 5,650; US 6,780). This notice conforms to the requirements of European Community Regulation (EC) No 889/2002.
Taxes and charges
After payment for the ticket has been made no fare increase will apply for the date, flight and class of services booked EXCEPT that if any government or other authority, or the operator of an airport, subsequently imposes a per passenger tax or charge, or increases the amount of any existing per passenger tax or charge, then Monarch reserves the right to require payment of the additional tax or charge applicable to your booking and to recover same by using (which use you hereby authorise) the payment card detailed on your booking form irrespective of whether Monarch has sent, or you have received, notice thereof. Monarch will, in fact, use its reasonable endeavours to ensure that you are promptly notified of any requirement for an additional payment.
Fare Restrictions (for direct scheduled ZB flight bookings)
Fares are non-refundable. Changes are allowed up to 3 hours prior to travel upon payment of the applicable fees, plus any fare increase (no refund is given if the new fare is cheaper). Change fees are charged at the prevailing rate at the time of the change. Name changes must apply to the entire trip. Hold baggage allowance = 20kg per person (infants = 10kg, provided hold bag fee has been paid by accompanying adult). Charges apply per bag and must be paid in order to use your hold baggage allowance. Excess baggage is charged at the prevailing rate at the time of the flight.
Cancellations - (except under Article 6 Regulation EC 261/2004)
Subject to a non-refundable ticket being unused, any taxes, fees or charges levied by Government or other authority will be refunded on request, subject to an administration charge of £25/37.50 euros per refund transaction (not per passenger). Fuel surcharges, credit card charges and passenger liability charges are non refundable.
Any refund shall be made within 7 business days for credit card or cash purchases and 20 days for cheque purchases.
Flying with children and infants
children (under 16 years at time of travel) MUST be accompanied by an adult aged 16+ years. Infants (under 2 years at time of travel) MUST be accompanied by an adult aged 16+ years.
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 SDRs (approximately € 120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, the air carrier 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 16000 SDRs (approximately €19,300).
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately €5,000).
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately € 1,200).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately € 1,200) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration. Enquire at the latest at check-in for details.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Identity of Airline Operator
In compliance with Article 11 Regulation EC 2111/2005 Monarch Airlines is obliged to inform passengers of the identity of the operating air carrier or carriers.
Liability of contracting and actual carriers
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.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.