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Article 10: Flight schedule and cancellations
10.1) Schedule
The carrier shall do his utmost to transport passengers and their baggage with due diligence. He shall also do his utmost to comply with the published schedules applicable on the date of the flight.
The times indicated on the timetables or elsewhere are not guaranteed. They can be changed without prior notice.
The carrier shall assume no responsibility for the passenger's connecting flights.
10.2) Cancellation, change of schedule, etc.
If the carrier cancels a flight or is not able to attribute a previously confirmed seat, the carrier will reimburse the fare in accordance with the provisions of Article 11 infra and the applicable legislation and regulations, without any other obligation to the customer.
10.3) Denied Boarding
As the Carrier does not have the policy to overbook it has eliminated the denied boarding risk. However, should a flight, in the event of payload restrictions, end up with more Passengers than seats available, the Carrier will call for volunteers to release their seat for a later departure before denying boarding to a Passenger.
If however an insufficient number of volunteers comes forward to allow the remaining Passengers to board the flight, the Carrier may deny boarding to Passengers against their will. The Carrier shall in such event take into consideration the interests of Passengers who must be given boarding priority for legitimate reasons such as Persons with Reduced Mobility and Unaccompanied Children.
A Passenger who has been denied boarding is entitled to a compensation in accordance with EC Regulation Nr. 295/91 of February 1991 establishing common rules for denied boarding compensation system in scheduled air transport and, as soon as applicable, in accordance with EC Regulation Nr. 261/2004 of 11 February 2004.
If there are reasonable grounds to deny boarding to a Passenger, such as, reasons of health, safety, security or inadequate travel documentation, no compensation whatsoever shall be due.
10.4) Information
With the exception of actions or omissions with intent to cause damage and/or recklessly and/or aware that damage could result, the carrier shall in no way be liable for errors or omissions in the schedules or other information given by him, his employees, agents or subcontractors relative to the times of arrival or departure or other flight information.
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Article 11: Reimbursements
11.1) General
If the carrier fails to provide the transport, or when a passenger requests a change of reservation, the reimbursement of the ticket(s) not used will be carried out by the carrier in accordance with the present article and his regulations.
All requests for reimbursement must be communicated by letter to the carrier's Customer Relations Department. A ticket will be reimbursable only if it corresponds to a confirmed reservation and payment for the full fare has been remitted.
11.2) Reimbursement beneficiary
With the exception of the above provisions, the carrier shall be authorised to remit the reimbursement either to the person whose name appears on the ticket, or the person who paid for the ticket (in the latter case, upon presentation of sufficient proof of payment).
If a ticket was paid by a person other than the person whose name appears on the document as being the passenger, the carrier will remit the reimbursement only to the person who paid for the ticket or according to his instructions.
Reimbursement remitted to a person who produces an unused ticket or invokes an unused reservation (in whole or in part) or presents himself as the person entitled to reimbursement under the terms of paragraphs a) or b) supra, will be considered as a reimbursement duly carried out and the carrier will be discharged of all liability and all subsequent claim of reimbursement.
11.3) Reimbursement for flight cancellation
If the carrier should cancel a flight or is not able to provide a previously confirmed seat, the amount reimbursed will be:
the fare paid, if no leg of the bill was used;
calculated, if a part of the bill was used, on the basis of the fare paid, less the fare corresponding to the transport carried out.
11.4) Voluntary reimbursement
If the passenger asks for the reimbursement of his ticket or reservation for reasons other than those mentioned in the provisions of the preceding article, and provided that the conditions of cancellation provided in the carrier's regulations were complied with, the amount of the reimbursement will be equal to:
the equivalent of the fare paid, less the service and cancellation charges provided in the carrier's regulations, if no part of the ticket was used, and on the condition that the change and cancellation conditions related to the fare paid are fulfilled.
the difference between the fare paid and the fare applicable for the leg for which the ticket was used, less the service and cancellation charges provided in the carrier's regulations, and on the condition that the change and cancellation conditions related to the fare paid are fulfilled.
Right to refuse reimbursement
Once the validity of the ticket has expired, the carrier may refuse reimbursement, if the request is made three months after the effective date from which the ticket should have been used.
11.6) Currency
All reimbursements shall be subject to the laws, regulations and other instructions in force in the country where the ticket was initially purchased. Subject to the foregoing provisions, reimbursement will be remitted in the currency in which the ticket was paid for initially.
11.7) Persons authorised to remit reimbursement
Only the carrier or his authorised agents shall remit voluntary reimbursements.