Conditions of Contract
1. As used in this contract “ticket” means this itinerary/receipt, 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.
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 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 this ticket;
(ii) applicable tariffs;
(iii) carrier’s General 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 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 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 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 7 days from receipt; in case of delay, complaint must be made within 21 days from 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, general 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 Government 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
Notice of Government Imposed Taxes, Fees and Charges
The value on the ticket may include taxes, fees and charges which are imposed on air transportation by government authorities. These taxes, fees and charges which may represent a significant portion of the cost of air travel, are either included in the fare, or shown separately in the ‘TAX/FEE/CHARGE’ box(es) of this ticket. The passenger may also be required to pay taxes, fees or charges not yet collected.
Notice of Baggage Liability Limitations
Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately $9.07 per pound (US$20.00 per kilo) for checked baggage and US$400 per passenger for unchecked baggage. For travel wholly between U.S. points, Federal rules require any limit on an airline’s baggage liability to be at least US$2,500 per passenger. Excess valuation may be declared on certain types of valuable articles. Carrier assumes no liability for fragile, valuable or perishable articles. Further information may be obtained from the carrier.
Special Condition Applicable to Carriage on Philippine Airlines
Subject to the provisions of Article 20 of the Warsaw Convention, Philippine Airlines, Inc. agrees that for any international carriage performed on its service not being a journey to, from or having an agreed stopping place in the United States of America the limit of liability for death, wounding or bodily injury to a passenger shall be US$75,000 or its equivalent inclusive of legal fees and costs.
Baggage Liability Limitations for Journeys Entirely within the Philippines
Unless a higher valuation has been declared by the passenger at check-in time, the Carrier’s liability for loss of or damage to checked baggage shall be limited to PHP40.00 per kilogram.
Notice on Disclosure of Personal Information
Philippine Airlines, Inc. (PAL) may disclose your personal information to law enforcement agencies and governments worldwide for security, customs and immigration purposes. If you do not allow us to disclose your personal information, PAL may not be able to provide you its services because the government requiring it may penalize PAL or deny it access.
The Transportation Security Administration (TSA) requires you to provide your full name, date of birth, and gender for the purpose of watch list screening, under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R parts 1540 and 1560. You may also provide your Redress Number, if available. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies, or to review the system of records notice and the privacy impact assessment, please see the TSA Web site at www.tsa.gov.
Advice to International Passengers on Limitation of Liability
Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers on a journey to, from, or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of PAL and certain other carriers, parties to such special contracts, for death of or personal injury to passengers is limited in most cases to proven damages not to exceed US$75,000 or its equivalent per passenger, and that this liability up to such limit shall not depend on negligence on the part of the carrier. For such passengers traveling by a carrier not a party to such special contracts or on a journey not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for death or personal injury to passengers is limited in most cases to approximately US$10,000 or US$20,000 or its equivalent.
The names of carriers, parties to such special contracts, are available at all ticket offices of such carriers and may be examined on request.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under the Warsaw Convention or such special contracts of carriage. For further information please consult your airline or insurance company representative.
The aforementioned limit of liability of US$75,000 or its equivalent is inclusive of Legal Fees and Costs except that in case of a claim brought in a State where provision is made for separate award of Legal Fees and Costs, the limit shall be the sum of US$58,000 or its equivalent exclusive of Legal Fees and Costs.
CAB Economic Regulation No. 7
Denied Boarding Compensation - Any passenger holding a confirmed reservation for flights or portions of flights originating from or terminating at, or serving a point within the territory of the Philippines and who has complied fully with the Carrier’s requirements but cannot be accommodated shall be granted a denied boarding compensation in accordance with CAB Economic Regulation No. 7, as amended, which shall relieve the Carrier from liability for all claims arising from, or incident to, the Carrier’s failure to accommodate said passenger. However, no such compensation shall be allowed if the flight for which a passenger holds a confirmed reservation is unable to accommodate him because of (A) Government requisition of space or (B) the aircraft has been substituted with another of lesser capacity due to operational and/or safety reasons, and/or other causes beyond the control of Carrier; (C) the flight is cancelled due to operational and/or safety reasons, force majeure, weather, strikes, or other causes beyond the control of the Carrier, or (D) the Carrier arranges for comparable air transportation which enables the passenger to arrive at his destination not later than three (3) hours in the case of domestic flights or four (4) hours in the case of international flights, from the scheduled time of arrival of the flight where he holds a confirmed reservation.
Notice of Incorporated Terms
Air transportation, whether domestic or international (including domestic portions of international journeys) is subject to, the conditions of carriage of the transporting carrier(s), which are herein incorporated by reference and made part of the contract of carriage. Other carriers on which you may be ticketed may have different conditions of carriage. International air transportation, including the carriers’ liability may also be governed by applicable tariffs on file with the U.S. and other governments and by the Warsaw Convention. Passengers may obtain further information or inspect the full text, from any location where the carrier’s tickets are sold, or atwww.philippineairlines.com, which include, but are not restricted to:
- Limits on liability for personal injury or death, and for loss, damage, or delay of goods and baggage, including fragile or perishable goods and availability of excess valuation coverage.
- Claims restrictions, including time periods within which passengers must file a claim or bring action against the carrier.
- Rights of the carrier to change terms of the contract of carriage.
- Rules on reconfirmation of reservations, check-in times, refusal to carry or the removal of passengers from any flight.
- Rights of the carrier and limits of liability for delay or failure to perform service including schedule changes, substitution of alternate air carrier or aircraft and rerouting.
ELECTRONIC TICKETS ARE SOLD SUBJECT TO TARIFF REGULATIONS ISSUED BY PHILIPPINE AIRLINES, AS APPROVED BY THE CIVIL AERONAUTICS BOARD
REMINDER OF IMPORTANT TERMS AND CONDITIONS
A. NON-TRANSFERABILITY OF TICKET - A ticket is non-transferable. It can only be used by the person whose name is indicated on the ticket. Valid proof of identity must be presented whenever required upon check-in. If it is found that the person presenting the ticket is not the same person named as passenger in the ticket or if such person is unable to satisfactorily prove that he/she is the same person named in the ticket, then the Carrier shall refuse carriage to such person and reserves the right to retain and confiscate the ticket so presented.
B. TICKETING TIME LIMIT – If a passenger has not paid for the ticket (or made credit arrangements thereof with Carrier) prior to the specified ticketing time limit, carrier may cancel the reservation without prior notice.
C. OVERBOOKING OF FLIGHTS - Certain flights of Carrier may be overbooked. There is no absolute guarantee therefore that a seat will always be available on a flight for which a passenger has a confirmed reservation. When a flight is overbooked, Carrier’s personnel shall ask for volunteers willing to give up their confirmed reservations in exchange for reward offered by Carrier. In case there are not enough volunteers, confirmed passengers who are denied boarding may be entitled to compensatory payment in accordance with Carrier’s Tariffs.
NOTICE - OVERBOOKING OF FLIGHTS
D. CHECK-IN TIME - The passenger is required to arrive at Carrier’s check-in location sufficiently in advance of the indicated flight departure time to permit completion of any government formalities and departure procedures and in any event not later than 45 minutes before the approximate departure time. If the passenger fails to arrive on time at Carrier’s check-in counter or boarding gate (even if the passenger has already checked-in for the flight), Carrier may cancel the space reserved for the passenger. Carrier is not liable to the passenger for loss or expense due to the passenger’s failure to comply with these provisions.
E. SUBJECT TO SEARCH - The Carrier reserves the right to search the passenger and inspect or examine his baggage(s), in coordination with the airport authorities, for any prohibited materials and substances and seize such, if discovered. A passenger refusing to be searched shall not be allowed to board the aircraft for his designated flight. The Carrier, furthermore, reserves the right to refuse to carry, at any time, any baggage discovered to contain any prohibited or unacceptable article(s) or any baggage the inspection of which is refused by the passenger.
F. REFUSAL OF CARRIAGE OR REMOVAL OF PASSENGER - The Carrier reserves the right to refuse to board or remove from any flight any passenger for valid reasons such as but not limited to insufficient travel documents, unruly behavior, medical conditions, use of electronic devices in violation of Carrier’s instructions, etc.
G. REFUSAL OF ENTRY - If a passenger is denied entry into any country, the passenger shall be responsible to pay any fine or charge assessed against the Carrier by the government concerned and for the cost of transporting the passenger from that country. The fare collected for carriage to the point of refusal of entry shall not be refunded.
H. NO SHOW/NON-USERS FEE - Tickets issued, reissued or revalidated in the Philippines, the booking of which is not cancelled 24 hours prior to the date of departure shall be refunded or revalidated only upon payment of a fee provided under the Carrier's Tariff. The No-show/Non-User's Fee may also apply to tickets issued in other countries depending on the fare rules/conditions of the ticket.
I. NO SHOW AT THE GATE - A passenger who has checked-in for a domestic or international flight departing from a Philippine airport, but does not show up at the boarding gate may have his ticket refunded or revalidated only upon payment of a surcharge provided under the Carrier’s tariff.
J. CHECKED BAGGAGE - The passenger shall affix his name, address, or other identifications to the baggage prior to delivery to Carrier. The passenger shall not include in Checked Baggage money, jewelry, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples. These items, as well as medications or prescriptions, should be carried personally by the passenger. Fragile or perishable articles will be checked only at passenger’s risk. Scratches, nicks or dirt may appear on a baggage despite care in handling. Carrier does not assume liability for normal wear and tear to baggage.
K. HANDCARRIED BAGGAGE - In addition to the free baggage allowance provided herein, each passenger may carry without charge one (1) piece of hand baggage weighing not more than seven (7) kgs. (15.4 lbs.) suitable for placing in the over head rack of the particular aircraft provided the maximum dimensions (sum of length + width + height) of any carry on item shall not exceed 45 inches (115 cm.).
Persons with disability may request that their own folding wheelchair or assistive device be carried in the passenger cabin where appropriate storage facilities are available. Such requests will be handled on a first come, first served basis. Where such facilities do not exist, the wheelchair or assistive device will be loaded in the baggage hold where it is easily accessible for timely return to the passenger. An infant not entitled to a seat shall be allowed one fully collapsible stroller or infant’s carrying basket subject to the availability of space.
L. LOSS, DELAY OR DAMAGE NOTIFICATION – Receipt by the person entitled to delivery of baggage without complaint is evidence that the same have been delivered in good condition. The passenger must report to the Carrier any lost, delayed or damaged baggage before leaving the airport.
M. UNCLAIMED BAGGAGE/ITEMS - Left-behind baggage/items whether checked or handcarried must be claimed from the carrier within thirty (30) days from the date of arrival at the destination or from the date on which the aircraft ought to have arrived otherwise the same shall be disposed by the carrier at its discretion.
N. REFUND OR REISSUANCE OF TICKET – This ticket is good for carriage for one (1) year from the date of issue, except as otherwise provided in the ticket. Refund shall be made provided all unused coupons are surrendered to Carrier not later than thirty (30) days after the expiry date. A service charge shall be collected on voluntary refunds. A valid ticket may be re-issued subject to applicable fees.
O. CERTAIN RESTRICTIONS ON REFUND – For tickets issued against a Prepaid Ticket Advice (PTA), unless the Sponsor grants authority to the passenger, refund may only be made to the Sponsor. In cases of tickets purchased through credit card, refund may only be made through credit-back to the credit card used. Carrier will refuse to refund a ticket which has been presented to government officials of a country or to a carrier as evidence of intention to depart therefrom, unless the passenger establishes to Carrier’s satisfaction that he has permission to remain in the country or that he will depart therefrom by another carrier or conveyance.
P. RESTRICTED ARTICLES IN BAGGAGE - For safety reasons, the following articles or materials must not be carried in passengers’ handcarried or checked baggage:
- Briefcases and security type attache’ cases with installed alarm devices; or incorporative lithium batteries and/or pyrotechnic material;
- Explosives, munitions, fireworks and flares;
- Gases (flammable, non-flammable, deeply refrigerated and poisonous) such as camping gas and aerosols;
- Flammable liquids, such as lighter fuels, lighter refills, paints and thinner;
- Flammable solids, such as disposable lighters, matches and articles which are easily ignited; substances liable to spontaneous combustion; substances which on contact with water emit flammable gases;
- Oxidizing substances ( such as bleaching powder and peroxides);
- Poisonous (toxic) and infectious substances such as bacteria, virus cultures;
- Radioactive materials;
- Corrosives (such as mercury which may be contained in thermometers, acids, alkalis and wet-cell batteries);
- Disabling devices (such as mace, pepper spray, etc. containing an irritant or incapacitating substance);
- Magnetized materials and miscellaneous dangerous goods as listed in the IATA Dangerous Goods Regulations.
Medicines, medical appliances and toiletries maybe carried provided these are in small quantities for personal use and necessary for the journey.
FREE BAGGAGE ALLOWANCEand EXCESS BAGGAGE FEES
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