
ARTICLE 8
REFUSAL AND LIMITATION OF CARRIAGE
Section 1. RIGHT TO REFUSE CARRIAGE
Carrier may refuse carriage or cancel the confirmed reservation of or may remove from any flight any Passenger or Passenger's Baggage for reasons of safety or if Carrier has reason to believe that:
(a) such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over, or
(b) the conduct, age, or mental or physical state of the Passenger is such as to:
(1) require special assistance of Carrier during embarkation and/or disembarkation, or while on board the aircraft,
(2) cause discomfort or make himself or herself objectionable to other Passengers, or
(3) involve any hazard or risk to himself or herself or to other persons or to property, or
(c) such action is necessary because the Passenger has failed or refused to observe the instructions of Carrier, or
(d) the Passenger has refused to submit to a security check, or
(e) the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Carrier and the Passenger (or the person paying for the Ticket) have not been complied with, or
(f) the Passenger appears to be improperly documented, or
(g) the Ticket presented by the Passenger:
(1) has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its authorized agent, or
(2) is reported as lost or stolen, or
(3) is counterfeit, forged, or mutilated, or
(4) any Flight Coupon has been altered by anyone other than Carrier or its authorized agent, or
(h) the person presenting the Ticket cannot prove when so required that he or she is the person named in the "Name of Passenger" box, or
(i) the person is in the custody of law enforcement personnel unless the number of law enforcement escorts exceeds the number of persons in custody by at least one.
In the cases specified under (g) and (h) above, Carrier reserves the right to retain and confiscate the Ticket presented to Carrier. If a Ticket is confiscated, the person presenting the Ticket may request for an appropriate receipt.
Sec. 2. LIMITATIONS ON CARRIAGE
(a) Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women or ailing persons is subject to prior arrangements with Carrier, in accordance with Carrier's Tariffs.
(b) If the Carrier believes that the aircraft weight limitation or seating capacity would otherwise be exceeded, Carrier will decide in its reasonable discretion which persons or articles shall be carried.
Sec. 3. MEDICAL CLEARANCE REQUIRED
(a) For the safety and convenience of the Passenger and to avoid hazard to the safety of the flight, other Passengers and crew, persons suffering from certain medical conditions, such as contagious diseases or life-threatening illnesses, and persons whose mental or physical condition is such as to involve hazard to himself/herself or to the safety of the flight, such as pregnant women or mentally ill persons are required to disclose such condition for proper medical clearance prior to air travel.
(b) Medical Information Sheets listing most of such conditions are available at the offices of the Carrier.
(c) Carrier reserves the right to refuse to board any person who is suffering from any such conditions and fails to disclose the same and/or cannot present a proper medical clearance for air travel.
Sec. 4. CONSEQUENCES OF REFUSAL OF CARRIAGE OR REMOVAL OF PASSENGER
Passengers on board Carrier's aircraft, whether on arrival at destination or an agreed stopping place, or when a flight is subject to delay or cancellation must disembark from the aircraft when required to do so by Carrier. Carrier may take any reasonable measures to remove a passenger who refuses to disembark when required to do so by Carrier and any such passenger shall on demand reimburse to Carrier any costs, losses or expenses incurred by Carrier as a consequence of such refusal to disembark.
If, for the reasons herein above enumerated, the Carrier has, in the exercise of its reasonable discretion, refused to carry a passenger, or removed such a passenger en route, then the Carrier may cancel the remaining unused portion of the ticket and the passenger will not be entitled to further carriage. The Carrier will not be liable for any consequential loss or damage alleged due to any such refusal to carry or removal en route.
Sec. 5. ATTENDANTS REQUIRED
For reasons of safety, Passengers in the following categories will be required to travel with an attendant:
(a) A Passenger with a mobility impairment so severe that the individual is unable to assist in his/her own evacuation.
(b) A Passenger with severe hearing and vision impairment who is unable to establish some means of communications to permit the Passenger to receive the Carrier's safety briefing;
(c) A Passenger who is travelling on a stretcher or in an incubator or who requires administration of certain medical services during the flight (e.g. medical oxygen, respirator, intravenous injections, etc.) which he/she cannot administer on himself/herself.
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