Flight Terms - refusal of carriage of passengers

5. Refusal of carriage of passengers

5.1 We may, in our absolute discretion, refuse any passenger carriage and / or onward carriage, or a passenger may be removed from the aircraft, for the following reasons:

5.1.1 Such action is necessary for reasons of safety.

5.1.2 The conduct, status, age, mental or physical condition of the passenger is such that they require special assistance, could cause discomfort to passengers or crew, make themselves objectionable and / or behave in an anti-social manner that disturbs other passengers and the crew or prevents the crew from carrying out their duties on board the aircraft. For the avoidance of any doubt, the reasons listed in this paragraph 5.1.2 will include passengers who in the sole discretion of the crew or ground staff are assumed to be under the influence of alcohol or any banned substance and/or who are not appropriately attired for the flight or involve any hazard or risk to themselves or other passengers and property.

5.1.3 The passenger fails to observe instructions from cabin staff. In such cases, the Captain operating the flight may refuse to let a passenger board and, when deemed necessary, mark the Ticket of such a passenger as having been refused carriage.

5.1.4 If we, or another person in authority, believe your behaviour, howsoever caused, is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our crew, staff, or agents in any risk of danger.

Consumption of alcohol

5.1.5 Research has shown that alcohol and drugs are the root of most in-flight passenger disruptions. Cabin crew will rigorously enforce the restrictions and general rules regarding alcohol consumption and the taking of banned substances on board Monarch aircraft.
Drink sold on board

5.1.6 Under the general law, aircrew always have the right to refuse to sell alcohol, including 'duty free' bottles, to any passenger. In addition, aircrew have a duty to control the amount consumed by any passenger for the purpose of securing the safety of the aircraft and other passengers.
Legal position

5.1.7 The law states that no person shall be drunk on any aircraft and Monarch and its aircrew have a legal obligation to uphold this regulation. The law also imposes an obligation on any passenger to obey all lawful commands given by the captain for the purpose of the safety, efficiency or regularity of the Flight. Thus a passenger can be ordered by, or on behalf of, the captain to stop drinking. If the passenger refuses to obey such an order, they are acting illegally. They could then face a substantial fine, imprisonment, or both.

Disruptive passengers

5.1.8 Aircrew have a duty to control the amount of alcohol consumed by any passenger.  Passengers are not permitted to consume ‘duty free’ from their own supply purchased before embarking or inflight.  Aircrew have a right to physically remove alcohol from a passenger to ensure they stop drinking. However, this is on the understanding that the alcohol will be returned at the end of the flight.

5.1.9 Smoking

All our flights are non-smoking in accordance with Civil Aviation Authority safety requirements.  Passengers should note that smoking is strictly forbidden on all our flights and that we will take measures to prevent or stop passengers smoking on board our aircraft.  We do not permit the use of “electronic cigarettes” or similar products.

Threatening, insulting or disorderly behaviour towards crew

5.1.10 The Air Navigation Order states that while in an aircraft, no person shall:

5.1.10.1 Use any threatening, abusive or insulting words towards a member of the crew of the aircraft

5.1.10.2 Behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or

5.1.10.3 Intentionally interfere with the performance by a member of the crew of his aircraft duties

5.1.11 Any offence of the kind contemplated in clauses 5.1.9.1 and 5.1.9.2 are punishable on summary conviction by a fine not exceeding £2,500. Any offence of the kind contemplated in clause 5.1.9.3 is punishable on summary conviction by a fine not exceeding £5000 and on conviction on indictment by an unlimited fine or imprisonment for a term not exceeding two years or both.

Refusal of carriage or removal from a Flight

5.2 If the Captain of your Flight or any of our crew, staff or agents believe that you are disruptive, we may report the matter to any relevant police or other enforcement authority and take such measures as we consider necessary to prevent the continuation or repetition of such conduct including, but not limited to, physical restraint and/or removal of you from the aircraft and/or refusal to carry you on our flights in the future.

5.3 If you are disruptive and prevented from boarding your outbound Flight in the UK, we will treat your Booking as cancelled by you from that moment, and you will have to pay full cancellation charges. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. If you are refused carriage on your outbound flight, we reserve the right to refuse carriage on your return flight.

5.4 If you are refused carriage because of your behaviour or you are under the influence of alcohol or drugs, we may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets.

5.5 If any of these circumstances in this section occur, we will not be liable for any refund or compensation or any costs or expenses you incur and will have no further responsibility for your further travel arrangements. We may also make a claim against you for any damages and in the event of such a claim you will indemnify us for any costs and expenses (including legal expenses) incurred as a result of your behaviour including but not limited to (i) repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft for the purpose of removing you from the aircraft. Criminal proceedings may also be instigated.

5.6 Passengers with a disability and / or  reduced mobility

5.6.1 Our primary concern is to transport you to your destination safely. Monarch is fully aware of and will comply with its obligations under the European legislation regarding the rights of disabled persons and persons with reduced mobility (Regulation (EC) 1107/2006) and with its duties under the Disability Discrimination Act 1995.

5.6.2 We comply with safety regulations applicable to Passengers with a disability or with reduced mobility which are in accordance with international, European and national legislation.

5.6.3 We may be unable to transport any Passenger with a disability or with reduced mobility in circumstances where to do so would not meet the safety regulations described in 5.6.2 above.

5.6.4 Where a Passenger with a disability or with reduced mobility requires additional assistance in order to meet the safety regulations described in 5.6.2 above, we may require such Passenger to be accompanied by another person who is capable of providing such additional assistance.

5.6.5 We strongly recommend that you inform us of any additional assistance that you require for your Flight at the time of your Booking and, in any event, you must provide such information no later than 48 hours prior to the scheduled departure time of your Flight.

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