Terms and conditions

Conditions of carriage

1. Definitions

article 1 — definitions

WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
As you read these conditions, please note that:
“We”, “our” “ourselves” and “us” means bmibaby Limited trading as bmibaby.
“You”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for “Passenger”).
We are exempt from the Civil Aviation (Air Travel Organisers Licensing) Regulations 1995 and as such do not hold an ATOL Licence. All our flights are operated by Bmibaby Limited.

“AIRLINE DESIGNATOR CODE” means the two-characters or three letters which identify particular air carriers.

“AUTHORISED AGENT” means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.

“BAGGAGE” means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage.

“BAGGAGE CHECK” means those portions of the Ticket which relate to the carriage of your Checked Baggage.

“BAGGAGE IDENTIFICATION TAG” means a document issued solely for identification of Checked Baggage.

“CARRIER” means an air carrier other than ourselves.

“CHECKED BAGGAGE” means Baggage of which we take custody and for which we have issued a Baggage Check.

“CHECK-IN DEADLINE” means the time limit specified by which you must have completed check in formalities and received your boarding pass.

“CONDITIONS OF CONTRACT” means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.

“CONVENTION” means whichever of the following instruments are applicable:

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);

the Warsaw Convention as amended at The Hague on 28 September 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):

Guadalajara supplementary Convention (1961) (Guadalajara):

The Montreal Convention (1999).

“COUPON” means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it.

“DAMAGE” includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.

“DAYS” mean calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.

“ELECTRONIC COUPON” means an electronic flight coupon or other value document held in our database.

“ELECTRONIC TICKET” means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.

“FLIGHT COUPON” means that portion of the Ticket that bears the notation “good for passage,” or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.

“FORCE MAJEURE” means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.

“ITINERARY/RECEIPT” means a document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger’s name, flight information and notices.

“PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for “you”, “your” and “yourself”).

“PASSENGER COUPON” or “PASSENGER RECEIPT” means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.

“SDR” means a Special Drawing Right as defined by the International Monetary Fund (at the date of printing 1 SDR was approximately equal to £0.87/US$1.27).

“TARIFF” means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.

“TICKET” means the document entitled “Passenger Ticket and Baggage Check”, the Electronic Ticket or the confirmation of flight details (including the confirmation number), in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.

“UNCHECKED BAGGAGE” means any of your Baggage other than Checked Baggage.

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2. Applicability

article 2 — applicability

2.1 GENERAL

Except as provided in Articles 2.2, 2.4 and 2.5, our Conditions of Carriage apply only on those flights, or flight segments, where our Airline Designator Code ‘WW’ is indicated in the carrier box of the Ticket for that flight or flight segment. The Terms and Conditions contained within the Ticket your itinerary or receipt or any ticket wallet shall form part of these Conditions of Carriage.

2.2 CHARTER OPERATIONS

If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the Ticket.

2.3 OVERRIDING LAW

These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail.

If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.

2.4 CONDITIONS PREVAIL OVER REGULATIONS

Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, dealing with particular subjects, these Conditions of Carriage shall prevail.

2.5 VARIATION OF CONDITIONS

No variation of these Conditions of Carriage is valid unless made in writing by one of our Directors or Officers.

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3. Tickets

article 3 — tickets

3.1 GENERAL PROVISIONS

3.1.1 The Ticket, these Conditions of Carriage, Tariffs and the important information contained on our website together constitute the terms and conditions of the contract of carriage between you and us.
3.1.2 We will provide carriage only to the Passenger named in the Ticket, and you will be required to produce appropriate photographic identification for both domestic and international flights.

3.1.3 A Ticket is transferable only upon payment of the appropriate fee.

3.1.4 All Tickets are non-refundable. You are strongly recommended to ensure that you have appropriate insurance to cover instances where you are unable to use your Ticket.

3.1.5 If a Ticket has been issued as part of a package to which The Package Travel, Package Holidays and Package Tours Regulations 1992 SI 1992/3288 as amended (“the Regulations”) apply and you wish to transfer your booking under regulation 10 of the Regulations we will issue a new Ticket provided that you:

(a) prove to us or our Authorised Agents that you have satisfied the requirements of regulation 10 and are entitled to transfer the booking
(b) give us reasonable notice of your intention to transfer the booking before your date of departure.
(c) give us or our Authorised Agents the full name address and contact number of the person to whom you want the new Ticket to be issued.
(d) deliver the Ticket to us or our Authorised Agents
(e) pay us a reasonable administration fee for issuing the new Ticket.

3.1.6 You shall not be entitled to be carried on a flight unless you present your booking reference number, positive photographic identification identifying you as the passenger named in the booking and valid travel documentation (eg passport, visa) where applicable.

3.2 TICKET CHANGES

3.2.1 The Ticket you have purchased is valid only for the transportation as shown on the Ticket for the passenger named, from the place of departure to the final destination on the date and for the flight number shown. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket. It forms an essential part of our contract with you.

3.2.2 Should you wish to change any aspect of your transportation you must contact us in advance. Any additional fare (calculated in accordance with our rules and regulations) and administration fee will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. All changes must be made during our reservation centre opening hours and at least 3 hours before check-in and may only be made by the passenger named in the booking and/or the person who made the original booking.
The detailed rules relating to changes of Tickets are contained in the rules and regulations which are posted on the website or available on request.

3.3 NAME AND ADDRESS OF CARRIER

Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our registered office address is shown at the end of these Conditions of Carriage. All correspondence, notices etc should be addressed to the correspondence address at the end of these Conditions of Carriage.

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4. Fares, Taxes, Fees

article 4 — fares, taxes, fees and charges

4.1 FARES

Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, additional payments may be due.

4.2 TAXES, FEES AND CHARGES

Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund. If you do not use your Ticket, you will be entitled to claim a refund of any governmental taxes, less a service charge of £25 per passenger.

4.3 CURRENCY

4.3.1 Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our Authorised Agent at or before the time payment is made (for example, because of the non-convertibility of the local currency)("pricing currency"). We may at our discretion, accept payment in another currency.

4.3.2 Passengers who pay for their flights with credit/debit or charge cards billed in a currency other than the pricing currency will be charged by their card issuer in the currency of issue of the card. bmibaby has no control over the exchange rates or other charges which may be imposed by the card issuer.

4.3.3 When booking on bmibaby.com you may be offered the choice to pay in the currency of your credit card where it differs from bmibaby’s pricing currency. The service may be unavailable for various reasons including unsupported currencies or maintenance.

4.3.4 If a transaction is subsequently amended, either online or through the call centre, currency conversion may not be offered as part of the amendment.

4.3.5 If you are entitled to a refund (subject to fare rules) of a ticket purchased in your credit card currency, you may be refunded in the original pricing currency and not the transaction currency.

4.3.6 Once selected and confirmed, your choice of currency is final, and cannot be changed.

4.3.7 Exchange rates are sourced from Reuters and Royal Bank of Scotland, and include a conversion margin of between 3.25% and 3.75%.

4.4 ADMINISTRATION FEES

We reserve the right to charge a reasonable administration fee for ancillary services that are not included in price of the Ticket including but not limited to requests for personal data pursuant to Sub-Article 5.3 and requests for duplicate receipts.

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5. Reservations

article 5 — reservations

5.1 RESERVATION REQUIREMENTS

5.1.1 We or our Authorised Agent will record your reservation(s). We will provide you with written confirmation of your reservation(s) in the case of telephone reservations. In the case of internet bookings the booking confirmation will be displayed on screen on completion of the transaction. You should print this for your records as you will be required to quote this number at check-in.
5.1.2 A reservation is not made until you have received a confirmation number and payment has been received by us.

5.1.3 Certain fares have conditions which limit or exclude your right to change reservations.

5.2 TICKETING TIME LIMITS

Fare must be paid in full when a confirmed reservation is made. If the fare has not been paid in full or your credit/debit card is declined we may cancel the reservation at any time without liability.

5.3. PERSONAL DATA

You recognise that personal data has been given to us for the purposes of: making a reservation; purchasing and issuing a Ticket; accounting, billing and auditing (including checking credit or other payment cards); administrative and legal purposes; statistical analysis; developing and providing services; and facilitating security, immigration, customs and entry procedures, and making available such data to government agencies, in connection with your travel. It is also possible that such data may be used for sales and marketing purposes and that it may be disclosed to companies within the British Midland Plc Group or our travel partners. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, our subsidiaries, Authorised Agents, government agencies, data processors, credit and payment card companies or the providers of the above-mentioned services. This may involve sending your data outside of the European Economic Area. If you do not wish to receive information from us or our travel partners please write to us at the Correspondence address at the end of these Conditions of Carriage.

bmibaby and other airlines are obliged by laws introduced in Spain and other countries to give border control agencies access to passenger data. Accordingly any information we hold about you and your travel arrangements with us may be disclosed to customs, immigration and law enforcement authorities of any country in your itinerary. This may include details you have given us about any payment details; contact information; and any special requirements you have specified. You are entitled to refuse permission to release your data to such authorities by writing to us at the address at the end of these Conditions of Carriage prior to your departure date. If you refuse permission and you are flying to or through a country which requires the information, we may have to cancel your reservation and will be unable to carry you to or through that country

5.4 SEATING

We cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.

5. CONNECTIONS

Our flights are not intended for use in connecting with flights of other carriers or other flights of ours. Any connections are made at your own risk and you will have to check in with your baggage for any connecting flights.

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6. Check-in and Boarding

article 6 — check-in and boarding

6.1 The Check-in Deadline is 30 minutes* prior to the scheduled time of departure. The Check-in desk will close at the Check-in Deadline and you must therefore allow ample time to ensure you can check in before the Check-in Deadline. We will not accept you for travel and will cancel your reservation if you do not comply with the Check-in Deadline indicated or appear to be improperly documented and not ready for travel. We are not liable for loss or expenses due to your failure to comply with the provisions of this Article.
* From 1st April 2009 check-in on international flights to and from the UK will close promptly 40 minutes before the scheduled departure time.
For flights within the UK, Republic of Ireland and Jersey check-in will continue to close promptly 30 minutes before the scheduled departure time.

6.2 You must be present at the boarding gate not later than the time specified by us when you check in.

6.3 We will cancel the space reserved for you if you fail to arrive at the boarding gate in time.

6.4 We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.

6.5 Airport check-in is included for all FlyPlus and FlyExtra passengers. Passengers must print out and show bmibaby staff their booking confirmation on arrival at the airport to entitle them to airport check-in.

 

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7. Limitation of Carriage

article 7 — refusal and limitation of carriage

7.1 RIGHT TO REFUSE CARRIAGE

In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. In this circumstance you will be entitled to a refund. We may also refuse to carry you or your Baggage if one or more of the following have occurred or we reasonably believe may occur:

7.1.1 such action is necessary in order to comply with any applicable government laws, regulations, or orders;

7.1.2 the carriage of you or your Baggage may endanger or affect the safety of the aircraft, or the safety, health, or materially affect the comfort of other passengers or crew;

7.1.3 your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;

7.1.4 you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;

7.1.5 you have refused to submit to a security check on you or your baggage

7.1.6 you have not paid the applicable fare, taxes, fees or charges;

7.1.7 you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight, refuse to surrender your travel documents to the flight crew, against receipt, when so requested or refuse to allow us to photocopy your travel documents;

7.1.8 you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorised Agent, or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the Ticket;

7.1.10 you fail to observe our instructions with respect to safety or security;

7.1.11 you have used threatening, abusive or insulting words towards our ground staff or crew of the aircraft.

7.1.12 you have deliberately interfered with a member of the crew of the aircraft carrying out their duties.

7.1.13 you have made a hoax threat relating to bombs, biological or chemical weapons.

7.1.4 you have put the safety of either the aircraft or any person in it in danger.

7.1.5 you have committed a criminal offence during the check in or boarding process or on board the aircraft.

7.2 SPECIAL ASSISTANCE

7.2.1 Acceptance for carriage of incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Further details can be found in the rules and regulations which are posted on our website or are available on request. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.

7.2.2 Wheelchairs will be provided without charge.  For further details see the rules and regulations which are posted on our website or are available on request.

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8. Baggage

article 8 — baggage

8.1 CHECK-IN BAGGAGE ALLOWANCE

8.1.1 'Checked Baggage' is any item accepted for carriage in the aircraft hold, including but not limited to suitcases, baby buggies, rucksacks, tents and any mobility equipment such as, wheelchairs, scooters and walking frames. Large sports equipment, oversized luggage, infant travel cots, car seats and musical instruments are subject to separate charges and restrictions.

8.1.2 A Baggage Fee is charged for the carriage of Checked Baggage. Baby buggies (subject to an infant/child under 5 years of age travelling), wheelchairs, scooters and walking frames are carried free of charge. The baggage fee is variable dependent on the weight allowance purchased and the destination. This may be prepaid at the current discounted internet rate. Rates start at £13.99 for 22kg standard baggage allowance per one way flight when making your reservation online. Additional weight allowance can be purchased at the rate of £9 per kg, in increments of two kg. If you wish to add additional weight allowance when making your booking or at a later date you can do this via the ‘manage your bookings’ section of the website or via the call centre. Please refer to your booking confirmation or ‘Manage my booking’ online to confirm the baggage allowance weight you have purchased. Please note a £20.00/€20.00 charge per 22kg standard weight allowance will apply per one way flight for any bags added by the call centre or at the airport.

8.1.3 Pre-paid baggage fees are non-refundable. If you purchase 22kg of baggage and then they only take 18kg you will not be refunded for the weight allowance not utilised.

8.1.4 One item of hand baggage per person, weighing no more than 10kg and with dimensions of less than 55cm x 40cm x 20cm, may be carried into the aircraft cabin (restrictions apply please see below for details).

8.1.5 For health and safety reasons bmibaby can not accept any individual item exceeding 32 kilos or with combined dimensions of more than 81cms (height), 119cms (width) and 119cms (depth). This weight limit does not apply to mobility equipment.

8.1.6 Items of outsized baggage and sporting equipment will still be charged at £17.99 (€22) per sector per item on the website and £23.00 (€28) per sector per item when booked through the bmibaby call centre or airport.

8.1.7 FlyPlus customers hold baggage allowance is 22kg per person, per flight. This is included in the fare at time of booking. Additional baggage will be charged at the standard rate.

8.2 EXCESS BAGGAGE

8.2.1 The standard Checked Baggage weight allowance is 22kg per person across a maximum of 5 bags. Passengers travelling together on the same booking reservation, who have individually purchased checked baggage allowance, can pool their baggage up to the equivalent of the total purchased weight allowance.  Once this limit is reached then standard overweight charges will apply.  If you exceed the total purchased checked baggage allowance you will be charged an additional £12.00/€15.00 per kilo on all bmibaby flights at the airport.

8.2.2 Subject to space availability we may also accept one set of golf clubs, one set of snow/water skis or one bicycle per passenger at a charge of £23.00 per flight. We may also accept one snow/surfboard, one sailboard or one canoe per passenger at £30.00 per flight. The maximum weight of any of these items must be less than 18kgs*. All items will officially travel stand-by, and bmibaby will not be responsible for repatriation if there is a delay. Any item not listed above is subject to the standard excess Baggage conditions as defined in 8.2.1.

8.2.3 Details of charges for oversize Baggage (carriage of which is at our discretion) can be found in the rules and regulations posted on our website or available on request.

8.3 ITEMS UNACCEPTABLE AS BAGGAGE

8.3.1 You must not include in your Baggage:

8.3.1.1 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);

8.3.1.2 items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;

8.3.1.3 items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.

8.3.2 Firearms and ammunition and weapons are prohibited from carriage as Baggage

8.3.3 Domestic knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft. Such items must be declared at check-in.

8.3.4 You must not include in Checked Baggage money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.

8.3.5 If, despite being prohibited, any items referred to in 8.3.1, 8.3.2 and 8.3.4 are included in your Baggage, we shall not be responsible for any loss or damage to such items.

8.4 RIGHT TO REFUSE CARRIAGE

8.4.1 Subject to paragraph 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in 8.3, and we may refuse further carriage of any such items upon discovery.

8.4.2 We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.

8.4.3 We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and container unacceptable to us is available upon request.

8.5 RIGHT OF SEARCH

For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in 8.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 8.3.2 or 8.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a scan causes damage to you or an x-ray or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence.

8.6 CHECKED BAGGAGE

8.6.1 Upon delivery to us of your Baggage which you wish to check we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.

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

8.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.

8.7 UNCHECKED BAGGAGE

8.7.1 You are allowed one piece of hand luggage (which must not exceed 10 kgs and 55 cm x 40 cm x 20 cm). If your Baggage is in excess of these dimensions or weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.

8.7.2 Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.

8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE

8.8.1 Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within one (1) month of the time it is made available, we may dispose of it without any liability to you.

8.8.2 Only the bearer of the Baggage Check and Baggage Identification Tag, is entitled to delivery of the Checked Baggage.

8.8.3 If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.

8.9 ANIMALS

We will not accept animals for carriage. Notwithstanding the foregoing, we will accept guide dogs on UK domestic services (including services between the UK and the Republic of Ireland, or Channel Islands).

8.10 HUMAN REMAINS

The carriage of human remains is operated by our cargo services. Please click here for further details.

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9. Delays, Cancellations

article 9 — schedules, delays, cancellation of flights

9.1 SCHEDULES

9.1.1 The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.

9.1.2 Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 10.2.

9.2 CANCELLATION, REROUTING, DELAYS, ETC.

9.2.1 We will take all necessary measures to avoid delay in carrying you and your baggage. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.

9.2.2 Except as otherwise provided by the Convention, if we cancel a flight, fail to operate a flight reasonably according to the schedule or, fail to stop at your destination, we shall, at your option, either:

9.2.2.1 carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or

9.2.2.2 within a reasonable period of time re-route you to the destination shown on your Ticket or an alternative destination acceptable to you by our own services without additional charge.; or

9.2.2.3 make a refund in accordance with the provisions of Article 10.2.

9.2.3 Upon the occurrence of any of the events set out in Article 9.2.2, except as otherwise provided by the Convention, the options outlined in Article 9.2.2.1 through 9.2.2.3 are the sole and exclusive remedies available to you and we shall have no further liability to you.

9.2.4 If we are unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding in accordance with applicable law and our denied boarding compensation policy.

Details of our denied boarding policy can be obtained at the check-in desk.

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10. Refunds

article 10 — refunds

10.1 Subject to the terms contained herein, all tickets are non-refundable. If you do not use your Ticket, you will be entitled to claim a refund of Air Passenger Duty, less an administration fee as specified in the fare rules. Tickets may be changed to an alternative flight at the same or higher fare subject to availability, the payment of a change fee and any difference in fare. Full details can be found in our rules and regulations posted on our website or available on request. Please check the fare rules prior to purchasing your Ticket.

10.2 On failure by us to provide carriage in accordance with the contract of carriage refund of the fare or applicable portion thereof shall be made by us in accordance with this Article.

10.2.1 We shall be entitled to make a refund either to the person named in the Ticket or, to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.

10.3 INVOLUNTARY REFUNDS

10.3.1 If we cancel a flight or fail to stop at your destination and no alternative flight is available, or if a refund is otherwise due to you under these Conditions of Carriage, the amount of the refund shall be:

10.3.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid;

10.3.1.2 if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.

10.3.2 Subject to Article 14, we shall not be liable for any other direct or indirect costs incurred by you as a result of such cancellation or missed destination. You are strongly advised to take out adequate travel insurance for the travel you intend to take.

10.3.3 Applications for refunds must be made in writing to the correspondence address given at the end of these Conditions of Carriage.

10.4 CURRENCY

We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.

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11. General

article 11 - general

11.1.1 If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.

11.1.2 If as a result of your behaviour we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable costs of the diversion and any fines or penalties imposed on us by the government of the country to which we have diverted.

11.1.3 For the avoidance of doubt, you are not permitted to consume alcohol that has not been purchased from our staff on board the aircraft and in particular Duty Free alcohol purchases must remain unopened. We reserve the right to refuse to serve or sell alcohol to any passenger on board the aircraft.

11.2 ELECTRONIC DEVICES

For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.

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12. Arrangements

article 12 — arrangements for additional services

If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.

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13. Administrative Formalities

article 13 — administrative formalities

13.1 GENERAL

13.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.

13.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

13.2 TRAVEL DOCUMENTS

Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.

13.3 REFUSAL OF ENTRY

If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.

13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.

If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.

13.5 CUSTOMS INSPECTION

If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.

13.6 SECURITY INSPECTION

You shall submit to any security checks by Governments, airport officials, Carriers or by us.

13.7 MEDICAL COSTS AND DIVERSIONS

If you are taken ill on board an aircraft and we decide that it is in your interests to divert the aircraft to enable proper medical attention to be obtained, you will be responsible for any medical costs incurred together with any accommodation costs of family or friends who accompany you and the costs of onward transportation from the unscheduled stopping point to your final destination. We recommend that adequate travel and medical insurance is obtained by you prior to commencing your journey.

13.8 PUBLISHED MATERIAL

Except in the case of our act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, we shall not be liable for errors or omissions in timetables or other published material as to the dates or times of departure or arrival or as to the operation of any flight.

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14. Liability for Damage

article 14 — liability for damage

14.1 Our liability will be determined by our Conditions of Carriage. Our liability is limited and you are strongly advised to take out adequate travel insurance for the travel you wish to undertake. Our liability provisions are as follows:

14.1.1 Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.

14.1.2(a) Any liability we have for Damage, will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.

14.1.2(b) We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code ‘WW’ appears in the carrier box of the Ticket for that flight or flight segment.

14.1.2(c) We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.

14.1.2(d) We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.

14.1.2(e) Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to SDR 17 per kilogram and in the case of Damage to Unchecked Baggage shall be limited to SDR 332 per passenger where the Warsaw Convention applies to your journey, or 1131 SDRs for Checked and Unchecked Baggage, subject to proven, damage for Unchecked baggage where the Montreal Convention applies to your journey undertaken on or after the 28th June 2004, provided that in either case if in accordance with applicable law different limits of liability are applicable such different limits shall apply. The SDR is s Special Drawing Right as defined by the International Monetary Fund. The value of 1 SDR is approximately UK £0.66 pence as of the 13th July 2010 but this rate of conversion may fluctuate and is shown on the IMFwebsite at imf.org. For the purposes of the Warsaw Convention, if the weight of the 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 for the class of carriage concerned. If in the case of Checked Baggage a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.

14.1.2(f) Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.

14.1.2(g) We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.

14.1.2(h) We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under 8.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.

14.1.2(i) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.

14.1.2(j) The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.

14.1.2(k) Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.

14.1.2(l) The carrier will not accept responsibility for the damage or loss of protruding parts such as wheels, straps, pull handles, or other items that are attached to baggage, perishable, damaged or fragile baggage or for minor damage to the exterior of baggage (e.g. scratches, stains, soiling, dents as a result of the normal rigours of transportation by air or for water damage to non water-resistant baggage).

SPECIAL AGREEMENT

14.2 In respect of any claim for recoverable compensatory damages arising out of the death, wounding or other bodily injury of a passenger in an accident taking place on board an aircraft (or in the course of any of the operations of embarking or disembarking) on a flight for which our name or Airline Designator Code appears in the carrier box of the Ticket:

14.2.1 we will not invoke the limitation of liability in Article 22(1) of the Convention or any similar limitation existing under applicable law;

14.2.2 we will not avail ourselves of any defence under Article 20 of the Convention, or any similar defence existing under applicable law, with respect to that portion of the claim which does not exceed 100,000 Special Drawing Rights;

14.2.3 we will without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments to such person as may be required to meet immediate economic needs on a basis proportional to the hardship suffered (such amount not to be less than the equivalent of SDR16,000 per passenger in the event of death). Any such advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid by us, but is only returnable if the damage was caused by, or contributed to by, the negligence of the passenger or of the person who received the payment, or if the person to whom the payment was made was not the person entitled to compensation;

PROVIDED THAT we reserve all other defences available to us (whether under the Convention or otherwise) and all rights of recourse against any other person, including (without limitation) rights of contribution and indemnity.

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15. Time Limitation on Claims

article 15 — time limitation on claims and actions

15.1 NOTICE OF CLAIMS

Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.

If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) Days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.

15.2 LIMITATION OF ACTIONS

Any right to Damages shall be extinguished 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. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

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16. Other Conditions

article 16 — other conditions

Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern among other things; the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices and items, and the on board consumption of alcoholic beverages.

Regulations and conditions concerning these matters are available from us upon request.

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17. Interpretation

article 17 — interpretation

The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.


bmibaby Limited
Donington Hall
Castle Donington
Derby
DE74 2SB

Correspondence address:
bmibaby
PO Box 737
Castle Donington
Derby
DE74 2XP

9th March 2004

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REGULATION (EC) No. 8892002

REGULATION (EC) No. 889/2002 NOTICE

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.

For the purposes of this summary, reference is made to Special Drawing Right’s (“SDRs”). An SDR is an international unit of currency. Details of the current exchange rate can be found on the International Monetary Fund website at imf.org. The currency conversions below are correct as at 13 July 2010.

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 EUR 131,000/UK£110,000) 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.

Advance payments

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 16,000 SDRs (approximately EUR 18,600/UK£15,500).

Passenger delays

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 4,694 SDRs (approximately EUR 5,500/UK£4,500).

Baggage delays

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

1,131 SDRs (approximately EUR1,300/UK£1,100)

Destruction, loss or damage to baggage

The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs (approximately EUR1,300/UK£1,100). 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 at the latest at check-in and by paying a supplementary fee.

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.

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.

Disclaimer: This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.

 

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