ARTICLE 11
REFUNDS
Section 1. GENERAL
On failure by Carrier to provide carriage in accordance with the Contract of Carriage, or where a Passenger requests a voluntary change of his or her arrangements, refund for an unused Ticket or portion thereof shall be made by Carrier in accordance with this Article and with Carrier's Tariffs.
Sec. 2. PERSON TO WHOM REFUND WILL BE MADE
(a) Except as hereinafter provided in this Article, refund shall be made either to the person named in the Ticket, or to the person who has paid for the Ticket upon presentation of satisfactory proof of entitlement to the refund.
(b) If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and Carrier has so indicated on the Ticket that there is a restriction on refund, Carrier shall make a refund only to that person paying for the Ticket or to that person's order.
(c) Except in the case of lost international Tickets, refunds will only be made on surrender to Carrier of the Passenger Coupon and surrender of all unused Flight Coupons.
(d) A refund made to anyone presenting the Passenger Coupon or Passenger receipt and all unused Flight Coupons and holding himself or herself out as a person to whom refund may be made in terms of (a) or (b) above shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund.
Sec. 3. INVOLUNTARY REFUNDS
If Carrier cancels a flight, or fails to operate a flight reasonably according to schedule, or fails to stop at a point to which the Passenger is destined or ticketed to stop over, or is unable to provide previously confirmed space or causes the Passenger to miss a connecting flight on which the Passenger holds a confirmed reservation, or refuses carriage to a Passenger in accordance with these conditions, the amount of the refund shall be:
(a) if no portion of the Ticket has been used, an amount equal to the fare paid;
(b) if a portion of the Ticket has been used, the refund will be the difference between the fare paid and the applicable fare for the transportation used.
Sec. 4. VOLUNTARY REFUNDS
If the Passenger wishes a refund of his or her Ticket for reasons other than those set out in Section 3 of this Article, the amount of the refund shall be:
(a) if no portion of the Ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees;
(b) if a portion of the Ticket has been used, the refund will be the difference between the fare paid and the applicable fare for the transportation used, less any applicable service charges or cancellation fees.
Sec. 5. REFUND ON LOST TICKET
If a Ticket or a portion thereof is lost, refund will be made on proof of loss satisfactory to Carrier and upon payment of any applicable service charge, on condition:
(a) that the lost Ticket, or portion thereof, has not been used, previously refunded or replaced;
(b) that the person to whom the refund is made undertakes, in such form as may be prescribed by Carrier, to repay to Carrier the amount refunded in the event and to the extent that the lost Ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the Ticket.
(c) lost Domestic Tickets will not be refunded nor replaced.
Sec. 6. RIGHT TO REFUSE REFUND
(a) Carrier may refuse refund when application therefor is made thirty (30) days after the expiry of the validity of the Ticket.
(b) Carrier may refuse refund on a Ticket which has been presented to Carrier or other carriers or to government officials of a country as evidence of intention to depart therefrom, unless the Passenger establishes to the Carrier's satisfaction that he or she has permission to remain in the country or that he or she will depart therefrom by another carrier or another means of transport.
Sec. 7. CURRENCY
All refunds will be subject to government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the Ticket was paid but may be made in another currency in accordance with Carrier's Tariffs.
Sec. 8. BY WHOM TICKET REFUNDABLE
Voluntary refunds will be made only by the carrier which originally issued the Ticket, or its agent if so authorized.
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