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Georgian
AzerbaijaniAirline GEO SKY LLC (Georgian Wings)
Terms & Conditions – General Conditions of Carriage
Tbilisi, July 2023
Article 1 – Definitions
Article 2 – Applicability
Article 3 – Tickets
Article 4 – Fares and Charges
Article 5 – Reservation and Seating
Article 6 – Check-in and Boarding
Article 7 –Limitations and Refusal of Carriage
Article 8 – Baggage
Article 9 - Timetables, Delays and Flight Cancellations
Article 10 - Refunds
Article 11 - Conduct on Board
Article 12 - Additional Services
Article 13 - Administrative Formalities
Article 14 – Liability for Damage
Article 15 – Charter Regulation
Article 16 - Other Conditions
Article 1 - Definitions
We – denotes Airline GEO SKY LLC.
You – denotes all persons who are passengers (see also definition of “Passenger”).
Agreed Stopover Places - within the meaning of the Convention and these Conditions of Carriage, these are places stated on the ticket or timetable of the Carrier as scheduled landing points on the passenger’s itinerary, with the exception of the places of departure and destination.
Baggage - all items that are intended for your own use. Unless otherwise specified, this term includes both the passenger’s checked and unchecked baggage.
Baggage Identification Tag – is a document issued by us for the identification of checked baggage.
Baggage Receipt - is the portion of the ticket that refers to the carriage of your checked baggage.
Booking - includes all information on the planned carriage.
Boarding Pass – is a document issued to the passenger at check-in which entitles the passenger to board and occupy a specified seat on the aircraft.
Carrier - is the carrier who transports the passenger and/or the passenger’s baggage as stated on the ticket and whose Airline Designator Code appears on the ticket or on a conjunction ticket.
Checked Baggage - is baggage that we take custody of and for which we issue a baggage receipt.
Check-in Deadline - is the time specified by us or the appropriate carrier by which you must complete your check-in formalities and be in possession of a boarding pass.
Conditions of Carriage – is these Terms & Conditions – General Conditions of Carriage.
Conditions of Contract - are the conditions, which are described as such and recorded on the ticket or "itinerary receipt", Conditions of Contract includes these Conditions of Carriage, the Carrier’s notices and any other regulations published by the Carrier.
Conjunction Ticket - is a ticket issued for the passenger in combination with another ticket with both tickets together constituting a single contract of carriage.
Convention – refers to whichever of the following is applicable:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air signed in Warsaw on 12 October 1929;
- The Warsaw Convention as amended on 28 September 1955;
- The Warsaw Convention as amended by the Additional Protocol No. 1 of Montreal (1975);
- The Warsaw Convention as amended in The Hague Protocol and by the Additional Protocol No. 2 of Montreal (1975);
- The Guadalajara Convention (1961);
- The Convention for the Unification of Certain Rules for International Carriage by Air signed in Montreal on 28 May 1999 (referred to below as the “Montreal Convention”).
Damage - death or bodily injury suffered by the passenger as a result of an accident on the aircraft, or during any takeoff or landing procedure; loss, partial or complete destruction or any other damage caused to baggage while in carriage or under the care of the carrier; damages resulting from the delay of the passenger or baggage, or other damage of any kind arising from or in connection with carriage on flights or any other services provided by the carrier.
Days – are the seven days of the week, including public/bank holidays and Sundays. For purposes of notification, the day upon which a notice is dispatched shall not be counted. For purposes of determining duration of validity period of a ticket, the day upon which a ticket is issued or flight was operated shall not be counted.
Electronic Coupon - is an electronic flight coupon or an equivalent value document saved in our booking system.
Electronic Ticket - is a ticket saved in our booking system, either by us or on our behalf, verifiable with the "Itinerary Receipt" issued to the passenger.
Fare - is the payment charged for transporting the passenger on a specified route approved by or made known to the competent aeronautical authorities when prescribed by law.
Force Majeure - refers to unexpected conditions outside the control of us which result in unpreventable consequences despite all reasonable measures having been taken.
Flight Coupon - is the portion of the ticket bearing the words "Good for passage", or, in the case of an electronic ticket, the electronic coupon, which shows the specific places between which the coupon entitles you to travel.
Itinerary Receipt – is the travel document, containing the passenger’s name, flight details and any relevant notifications, that we give to you when you travel with an electronic ticket. Itinerary receipt must be retained by the passenger for the duration of the flight and presented upon request.
Passenger - refers to any person in possession of a ticket who is carried, or is to be carried in an aircraft with our consent.
Passenger Coupon or Passenger Receipt - is the portion of a ticket, issued by us or on our behalf, which is marked accordingly and which is retained by the passenger.
PRM – means sick passengers and passengers with reduced mobility.
SDR – is Special Drawing Right as defined by the International Monetary Fund.
Stopover - is a break in a journey requested by the passenger at a place between the place of departure and place of destination that has been approved by us in advance.
Tariffs – are the published airfares and surcharges, including the related conditions of application for a tariff (airfare), which have been approved or filed, when required, with the appropriate authorities.
Ticket - is a document for the carrier issued by us or on our behalf marked as a "ticket and baggage receipt" or as an "electronic ticket"; the Conditions of Contract and notices, as well as the flight and passenger coupons contained within it, are components of the ticket.
Unchecked Baggage – is the passenger’s baggage excluding their checked baggage.
Article 2 – Applicability
General
2.1. These Conditions of Carriage apply to such flights that bear our Airline Designator Code D4.
Charter Carriage
2.2. If carriage is performed in the context of a charter agreement, these Conditions of Carriage apply
only to the extent that they are incorporated, by reference or otherwise, in the charter agreement,
on the ticket or in the charter regulation in Article 15.
Legal Inconsistency
2.3. In case any provision contained or referred to herein is contrary to anything contained in the applicable convention, and any applicable laws, government regulations, orders, or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.
Conditions Prevail over Regulations
2.4. Except otherwise specified in these Conditions of Carriage, they take precedence over any other regulations of Airline GEO SKY LLC that cover the same subject.
Article 3 – Tickets
3.1. General
3.1.1. A Ticket constitutes evidence of the contract of carriage between the carrier and the passenger named on the ticket. The ticket is and remains at all times the property of the issuing carrier. We will provide carriage only to the passenger named on the ticket and only upon presentation of a valid ticket. We reserve the right to verify your identity.
3.1.2. A Ticket is not transferable. If a Ticket is presented by someone other than the person entitled to be carried thereunder or for a refund in connection therewith, the carrier shall not be liable to the person named on the ticket, if, in good faith, it provides carriage or issues a refund to the person presenting the ticket.
3.1.3. The conditions for the reimbursement of flight tickets are regulated by the respective fare provisions valid when the flight ticket is issued. Please choose the airfare that is best suited to your requirements. It may be advisable to take out travel cancellation insurance.
3.1.4. You shall not be transported unless you provide proper identification that you are a passenger and a valid electronic ticket has been duly issued in your name as the passenger.
Ticket Validity Period
3.2.1. Unless otherwise stated either on the ticket, in these Conditions of Carriage, or in applicable fares (which may limit the validity period of a ticket according to the information contained in the ticket), a ticket is valid for one year from the date of issue, or one year from the date of first travel, provided that this occurs within one year after the date of the ticket issuance.
3.2.2. If you are prevented from travelling within the period of validity of the ticket because we are unable to confirm a reservation, the validity period of this ticket will be extended to the first possible date upon which we can confirm your reservation, or you will be entitled to a refund in accordance with Article 10.
Extending the Validity
3.2.3. If after having commenced your journey, you are prevented from travelling within the validity period of the ticket by reason of illness, we can extend your ticket validity period until such a time that your health permits you to continue your journey. This extension will continue until the date on which you are fit to travel, as confirmed by a medical certificate, or, once your fitness to travel has been confirmed by us, until the date on which we are able to offer you the next available flight on this route in the travel class booked. Your illness must be verified by a medical certificate. When the as-of-yet-incomplete parts of the flight route listed on the ticket involve itineraries with one or more stopovers, the validity may be extended for not more than three months from the date shown on the fitness-to-travel certificate. In such circumstances, we will also extend the period of validity of tickets belonging to any members of your immediate family accompanying you.
3.2.4. In the event of death of a passenger en route, the tickets of persons accompanying the passenger may be modified by waiving the minimum stay or by extending the validity of their tickets. In the event of a death in the immediate family of a passenger who has commenced travel, the validity period of the tickets of the immediate family accompanying the passenger may also be modified. Any such modification shall be made upon receipt of a proper death certificate and shall not be for a period longer than forty-five (45) days from the date of death.
Changes at the passenger’s request
3.3.1. If you have chosen a fare that requires observance of a fixed ticket sequence, please note that if carriage is not used on all individual legs or not used in the sequence specified on the ticket with otherwise unchanged travel data, we will recalculate the fare according to your amended routing. The airfare will thereby be determined in accordance with the fare you would have had to pay for your actual routing in your price group on the day of your booking. This fare may be higher or lower than the fare you originally paid.
If the price group you originally booked was not available for the altered routing on the day of the booking, the cheapest available former price group for your altered routing will be taken as the basis for the recalculation.
If, on the day of the booking for your altered routing, a higher fare would have been determined, we will subsequently collect the difference taking into account the fare already paid. Please note that we may make carriage dependent on whether you have paid this difference in price.
If you have a refundable ticket, as defined by the fare conditions, and have still not flown a single segment of it, you may ask for a refund of the price of the ticket in accordance with fare conditions. This means that you will forfeit your entitlement to carriage.
Name and Address of Carrier
3.4. The carrier’s name/title may be abbreviated on the ticket. The carrier's address is shown on the website – www.georgianwings.com
Article 4 – Fares and Charges
End Price
4.1. The end price is the fare including taxes, fees and charges.
Fares
4.2. The fare to be paid covers the cost of carriage from the airport at the actual place of departure to the airport at the actual final destination. Your fare does not include payment of ground transport services between airports or between airports and city centers. The fare may include surcharges levied by the airline.
Taxes, Fees and Charges
4.3. All applicable taxes, fees and other charges imposed by the state or local government or by another authority, or by the operator of an airport with regard to the passenger, or for services provided to the passenger, shall be paid by you in addition to the airfare. When you purchase your ticket, you will be informed of such taxes, fees and other charges that are not included in the airfare. These are usually also shown separately on your ticket. Taxes, fees and charges vary depending on the regulations of each country.
Currency
4.4. Subject to any other provisions under applicable law, fares, taxes, charges and fees are payable in any currency acceptable to us. When payment is made in the country of departure in a currency other than the currency in which the fare is published, the exchange rate for such a payment will be the rate set by bank on the day the ticket is issued.
Article 5 – Reservation and Seating
Reservation Requirements
5.1.1. Each flight coupon will be accepted only for carriage in the travel class specified on the coupon and for the day and flight for which there is a seat reservation. For tickets without a seat reservation, a seat may be reserved later if there is still one available on the desired flight.
5.1.2. We or one of our Authorised Agents will record your booking(s). Upon request, we will send you written confirmation of your booking(s).
5.1.3. Certain tariffs may have conditions which limit or exclude the passenger's right to change or cancel reservations. For the detailed terms and conditions, please refer to the respective fare conditions.
Ticketing Time Limits
5.2. If the passenger does not make payment for the ticket within the ticketing time limit agreed with us or the issuing travel agency, the carrier may cancel the reservation.
Personal Data
5.3. We process your personal data according to all the relevant data privacy regulations and only for the following purposes: making flight bookings, purchasing tickets, obtaining additional services, development and provision of services, facilitating immigration and entry procedures, as well as making information associated with the organization of your journey available to the relevant government agencies and other airlines, or to other providers of the aforementioned services. For these purposes, you authorize us to retain such data and to transmit it to our offices, other carriers, or the providers of such services, in whatever country they may be located.
Advance Seat Reservation
5.4.1. On some flights, advance seat reservation can be available to you. Depending on the type of seat, this service is subject to a fee in some booking classes. Advance seat reservation (chargeable) is not obligatory.
5.4.2. In any case, you can request a specific seat when you check in. Changes may incur a fee, depending on the fare selected. Whenever you use the “automated check-in” service, you are given the option at the end of the process to select a seat other than the one assigned to you, provided that other seats to choose from are still available. However, we cannot guarantee specific seats.
5.4.3. We reserve the right to assign or reassign seats at any time, even after boarding the aircraft. This may be necessary for operational, safety or security reasons. If you have paid for an advance seat reservation and your flight is cancelled, or the seat is otherwise reassigned for safety or operational reasons, we will reimburse you the cost of the advance seat reservation. You will not be reimbursed if you do not take the flight of your own volition, or rebook or upgrade to another travel class, or if you have given incorrect information about your suitability for using a seat by the emergency exit.
Confirmation of Reservation
5.5.1. Onward or return reservations may be subject to the requirement to confirm the reservation in accordance with and within time limits specified by our relevant notifications. Failure to comply with any such requirement may result in cancellation of any onward or return reservations.
Cancellation of Onward Reservations Made by the Carrier
5.6.1. If you do not use a reservation and fail to advise us, we may cancel or request the cancellation of any onward or return reservations.
5.7.1. When a reservation is made by a third party (including booking systems), the third party (e.g. travel agent) will act as the reserver. It is the reserver’s obligation to provide the passenger with all information relevant to the reservation (including but not limited to the components of the end price and the respective amounts).
Article 6 – Check-in and Boarding
6.1. Check-in deadlines vary from airport to airport. We recommend that you inform yourself about these check-in deadlines and comply with them. We reserve the right to cancel your reservation if you do not comply with the check-in deadlines. We or the travel agency that issued the ticket will advise you of the check-in deadline for the first segment of your flight with us. You can find the check-in deadlines for our flights on our website or at the travel agency where the flight ticket was issued. Unless otherwise stated, passengers must check in for domestic flights no later than 40 minutes prior to the scheduled flight departure time and for international flights no later than 1 hour prior to the scheduled flight departure time.
6.2. You must be available at the boarding gate no later than the time specified by us when you check in.
6.3. We have the right to cancel your booking if you fail to arrive at the boarding gate in time.
6.4. If you fail to arrive at the check-in counter, complete check-in, and obtain your boarding pass within the minimum check-in period or arrive without the proper documentation or are not ready to travel, we may cancel the space reserved for you and will not delay the flight. We and our partners (Charter) are not liable to you for loss or expense due to your failure to comply with the provisions of this article.
Article 7 – Limitations and Refusal of Carriage
Right to Refuse Carriage
7.1. We may, if we deem it appropriate, refuse carriage to you in the event that we have informed you in writing before your reservation that we shall no longer provide carriage to you on our flights, with effect from the time of our written notification. This may happen if you have contravened the rules of conduct set forth in Articles 7 and 11 on a previous flight and your carriage has consequently become unacceptable. In addition, we may also refuse carriage of you and/or your baggage in the event that:
7.1.1. This measure is necessary for reasons of safety and security or public order, or to prevent any violation of applicable laws or statutory requirements of any state to or from which a flight arrives, departs or flies over; or
7.1.2. Your carriage may adversely affect the safety and security, the health or wellbeing of other passengers to a significant degree; or
7.1.3. Your conduct, your condition or frame of mind or physical state, for example, including the effects of alcohol or drug use, are such that you are a danger to yourself, to other passengers or to members of the crew; or
7.1.4. You have behaved on a previous flight in such a manner as to significantly violate our rules of conduct and we have reason to believe that you will repeat this behaviour; or
7.1.5. You refused to submit yourself or your Baggage to the security check; or
7.1.6. You have not paid the applicable end price; or
7.1.7. You do not hold the travel documents necessary for entry at the point of destination, or you refuse to show them to the crew despite being requested to do so; or
7.1.8. You present a ticket that you have obtained or received illegally, or that has been reported as lost or stolen, or is a forgery, or if you cannot prove your identity as that of the passenger named on the ticket; or
7.1.9. You do not comply with our security regulations; or
7.1.10. You disregard the smoking ban in place in all of our aircraft, while boarding and on board, and you ignore the ban on the use of electronic devices on board;
7.2. In some countries the regulations regarding the refusal of carriage may be stricter than the above and in this case those regulations apply.
7.3. Should we or one of our partners (Charter) refuse your carriage due to one of the reasons listed above, any claim to carriage or compensation shall be excluded.
Special Assistance
7.4.1. If you require special assistance (including, but not limited to the carriage of a recognized assistance dog), or if you are a PRM, you must inform us in advance, 48 hours before the scheduled time of departure of your flight. Passengers who have informed us of their special needs when purchasing their ticket and who have been accepted for carriage will not be refused carriage on the grounds of their need for assistance.
Carriage of Children
7.4.2. Children under the age of five may only travel when accompanied by an adult who is at least 18 years old. The carriage of unaccompanied children between the ages of 5 and 12 must be registered beforehand and is subject to the fee published in each case.
7.4.3. Children can also travel in their own child seat secured to a seat; for this, you must book an additional seat for infants under the age of 2. You must secure the child seat throughout the entire flight with the seatbelt available on the seat. The child seat must be suitable for use on board an aircraft. When this is not the case, we are entitled to refuse carriage of the child seat in the cabin. The child seat shall not hinder the evacuation of any passenger. The child seat must be occupied by a physically able person at minimum 16 years old, who is responsible for the child in the child seat and its installation. For take-off and landing and whenever the seatbelt sign is on, the child must be fastened with infant safety belt in adult’s lap. The location for the child seat is a window seat. We accept no liability for the consequences resulting from a badly secured child seat, for its improper functioning, or due to failure to comply with instructions. The passenger who is travelling with the child is responsible to install child seat. A maximum of 10 infants can be carried on board the same aircraft for safety reasons.
7.4.4. We do not carry children under the age of 7 days on the day of travel.
7.4.5. In some countries the regulations regarding the travel of minors may be stricter than the above, in which case those regulations will apply.
Carriage of Special Categories of Passengers
7.5.1. For safety reasons, our regulations limit the number of disabled or incapacitated passengers with reduced mobility per flight, depending on the type of disability, aircraft type and other circumstances.
7.5.2. Pregnant women may not travel on our flights after the 35th week of pregnancy. In case of twin pregnancy, the relevant time limit is the 32nd week of pregnancy. Women who are over their 28th week of pregnancy may only travel on our flights if they provide us with a medical certificate confirming their fitness to travel by air. The medical certificate must be issued within 6 days of the flight date.
7.5.3. We do not accept passengers on stretchers.
7.5.4. Carrier reserves its right to deny passengers to its flights in some circumstances, considering the passenger’s health conditions and the well-being of other passengers and staff or flight safety and flight security. As the carrier is unable to verify passengers state of health, it is passengers’ responsibility to obtain proper medical advice on whether they are fit to travel by air safely.
Article 8 – Baggage
Free Baggage and Excess Baggage
8.1. Based on the applicable tariff, you can take a limited number of baggage items with you on board as part of your baggage allowance. Your free baggage allowance is shown on your ticket and can also be obtained from us or from the travel agency that issued the ticket. You will be required to pay a charge for the carriage of baggage in excess of your free baggage allowance and for special baggage.
For health and safety reasons the weight of each piece of baggage may not exceed 32 kilograms.
Baggage from Strangers
8.2. Carrying baggage that you have received from strangers, both as unchecked and as checked baggage, is not permitted on our flights.
Items Unacceptable as a Baggage
8.3. The passenger baggage shall not include the following:
• Compressed gases – flammable, non-flammable and poisonous, household gas, butane, oxygen, propane, charged aqualung cylinders;
• Disabling devices such as mace, pepper spray, etc. Containers with gas containing an irritant or incapacitating substance are forbidden on the person as well;
• Personal medical oxygen devices that utilize liquid oxygen are forbidden on the person as well;
• Electro shock weapons (e.g. Tasers) containing dangerous goods such as explosives, compressed gases, lithium batteries, etc. are forbidden on the person as well;
• Battery-powered lighters powered by a lithium ion or lithium metal battery (e.g. laser plasma lighters, tesla coil lighters, flux lighters, arc lighters and double arc lighters) without a safety cap or means of protection against unintentional activation;
• Wheelchairs/Mobility aids with spillable wet cell batteries;
• Corrosives – acids, alkalis, batteries, mercury and devices that contain mercury, caustic materials;
• Explosives – ordnance, fireworks, flares; flammable liquids and solids, liquids for lighters and heating, radioactive materials;
• Containers with flammable liquids, such as lighter fuel, paint, varnish, cleaning agents;
• Petrol-operated equipment and tools that already contain minimal amounts of petrol (e.g. for test purposes);
• Heat-generating objects;
• Portfolios and cases with installed alarm devices;
• Oxidizing agents – bleach, peroxides;
• Poisons – arsenic, cyanide substances, insecticides, herbicides;
• Infectious substances – bacteria, virus cultures;
• Gas canisters, cartridges for gas pistols and revolvers;
• Goods that are not suitable for transportation due to their nature, weight, size, shape or odor;
• Batteries or devices with batteries which are damaged, defective or recalled;
• Dry ice in excess of 2.5 kg;
• Medical products, items and pharmaceuticals, which transportation is prohibited or restricted by any applicable law of any country, to, from or through the territory of which the flight is performed;
• Other dangerous items and substances – magnetized materials, aggressive and irritating substances with strong persistent odor, as well as any other items and substances identified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and/or the International Air Transport Association (IATA) Dangerous Goods Regulations with certain further restrictions.
8.4. Upon an advance approval by the Carrier, transportation of firearms and ammunition to them may be allowed as checked baggage in a limited amount and under certain conditions, subject to compliance with the international rules of IATA, ICAO and Georgia legislation regarding transportation of dangerous cargo. Approval must be obtained from the Carrier 72 hours prior to the flight’s departure.
8.5. Electronic cigarettes, lithium cells, medications (in the amount required for travel to the extent that they are not forbidden for transportation) shall be transported only in unchecked baggage.
8.6. The Carrier is not liable for any items if these are included in your checked baggage contrary to the provisions of this section.
Items Not Covered as Checked Baggage or as Unchecked Baggage
8.7.1. If the checked baggage contains any of the following items:
a. Cash, securities;
b. Jewelry, precious metal, precious and semi-precious stones;
c. Computer, camera, video camera, cellular phone and any other electronic or technical appliances and their accessories;
d. Official, business or private documents;
e. Travel or other identity documents;
f. Keys;
g. Liquid;
h. Medications;
i. Perishable items.
j. Pieces of art and fine arts;
k. Crockery;
l. Items similar to those listed above;
The Carrier will not be responsible for any delay, loss, or damage to such items. Some airports may have further policy restrictions. In such cases the airport’s regulations prevail.
8.7.2. The passenger’s baggage or personal property must not contain antique arms, swords, knives, scissors, blades, cutlery, darts, syringes and other sharp objects and any item which in our opinion could be used as a weapon.
8.7.3. The passenger’s baggage or personal property may only contain items not excluded from carriage and only in such quantity and packaging as determined by the effective laws and safety regulations from time to time.
Right to refuse carriage of baggage
8.8.1. The Carrier can refuse to carry baggage if it does not comply with the conditions described in the Conditions of Carriage, and may refuse further carriage of any such items on discovery thereof.
8.8.2. The Carrier may refuse to carry as baggage any item or material that we deem unsuitable for carriage because of its size, shape, weight, content, character, or for safety and security reasons, or because it may negatively affect the well-being of other passengers.
8.8.3. The Carrier may refuse to accept baggage for carriage when it is not properly and suitably packed in suitcases or other similar containers to ensure safe carriage with ordinary care in handling.
Right of Search
8.9. For reasons of safety and security, we may require you to permit a search or screening of your clothing, your carry-on items and your baggage, as well as an X-ray of your baggage. If you are not present or are otherwise unavailable, your baggage may be searched in your absence for the purpose of determining whether your baggage contains any items or materials set out in Article 8.3. If you are unwilling to comply with such request, we can refuse to carry you and/or your baggage. Should the search cause damage to your baggage, we shall not be liable for such damage, to the extent permitted under the relevant legal provisions.
Checked Baggage
8.10.1. Upon delivery of baggage to be checked to the Carrier, the Carrier shall take custody thereof and issue a Baggage Identification Tag for each piece of checked baggage.
8.10.2. If baggage has no name, initials, or other personal identification, the passenger shall affix such identification to the baggage prior to acceptance.
8.10.3. Checked baggage will be carried on the same aircraft as the passenger unless, for operational, safety and security reasons the Carrier decides to carry the checked baggage in a Carrier's next flight in which space is available. In such cases, the baggage is delivered at the airport or is sent to the address specified by the passenger upon passenger’s request. Unless the customs of the related country states that the baggage must be delivered only to the passenger for clearance, and delivery to the address specified by the passenger is not possible, the baggage is delivered at the airport. Article 14 (Liability for damage) remains unaffected.
Unchecked Baggage
8.11.1. The Carrier may specify the number, maximum weight and maximum dimensions for unchecked baggage. Unchecked baggage must, in all events, fit either under the seat in front of the passenger or in the luggage compartments. If your unchecked baggage does not comply with these conditions or does not meet safety and security requirements, it must be transported as checked baggage.
8.11.2. Items that are not suitable for transport in the cargo hold, such as, for example, delicate musical instruments, and which do not meet the requirements in paragraph 8.11.1. above, will only be accepted for transport in the cabin if you have given us prior notice and we have accepted the item for carriage. We may levy a surcharge for this additional service.
Delivery and Collection of Checked Baggage
8.12.1. Baggage is delivered at the airports via baggage delivery terminals and not personally. You are required to collect your baggage as soon as it is made available to you at your final destination or stopover airport.
8.12.2. We only deliver the checked baggage to the holder of the baggage receipt.
8.12.3. If a person claiming checked baggage is unable to produce the baggage receipt or identify the baggage by means of the baggage (identification) tag, we will deliver the baggage to this person only on the condition that their right to collect it has been established to our satisfaction.
8.12.4. Should You fail to collect your baggage or other personal properties, we will store it for 60 days, in such casewe may charge you a storage fee. Following that time period, we will sell or destroy your baggage and personal properties. If we can identify you on the basis of your baggage or personal properties, we will notify you at the contact details you provided about the intention to dispose of the uncollected items and when such disposal has happened, and we shall have no further liability to you for any damages incurred.
Animals
8.13.1. The following animals – dogs and cats – can be carried by the carrier. Any other animals are not accepted for carriage by the carrier.
The carriage of dogs and cats is subject to the carrier’s agreement and the following conditions: the animals must be properly crated and accompanied by current health and vaccination certificates, entry permits, and other entry or transit documents required by the respective countries. The Carrier reserves the right to determine the manner of carriage and to limit the number of animals which may be carried on a flight.
Animals travelling in the cabin (including their transport container, when appropriate) must fit in the footwell of your seat and be suitably secured throughout their entire stay on board.
8.13.2. The weight of the animals, including the weight of containers and any food carried, is not included in the passenger’s free baggage allowance. Excess baggage charges must be paid for carriage.
8.13.3. Please note that to ensure the safe and undisturbed operation of the flight, your animal must be trained to behave well in a public space. We allow you to take your animal with you in the cabin under the condition that it is obedient to your commands and behaves appropriately. If your animal does not behave in an appropriate manner, you may be required to muzzle it, to allow its transfer within the cargo hold (if a transport container is available) or carriage may be refused.
8.13.4. You are solely responsible for the safety, health and behaviour of your animal and are liable for compliance with all entry, departure, health and other regulations and laws, as well as requirements that apply in the country, state or territory from which or into which the animal is carried and/or in which an interim destination is located. This applies in particular to any required health certificates, permits and vaccinations. In particular, we are not liable for costs in connection with the housing of the animal in quarantine and for fines and costs in connection with the repatriation of the animal to its place of origin.
You are liable for all costs resulting from non-compliance with these responsibilities and from laws, regulations and requirements, as well as for any damage caused by the animals accompanying you, and release us from any liability in this regard, except where we have caused the damage wilfully or by gross negligence.
Article 9 - Timetables, Delays and Flight Cancellations
9.1. The times of departure and arrival shown in our timetable and elsewhere are not guaranteed and they do not form part of your contract of carriage with us. We may need to change the scheduled flight time, date or route (including the place of departure or place of destination) after your ticket has been issued. If we make a significant change after you have purchased your ticket and it is not acceptable to you, and if we cannot rebook you on a suitable alternative flight, you will be entitled to a refund in accordance with Article 10.2.
9.2. We undertake our best efforts to avoid delays. In exercising these efforts and in order to prevent flight cancellations, the measures taken may include arranging for your flight on an alternative aircraft or with a different airline.
9.3. We will inform you of any delays, rebookings and cancellations in sufficient time both at the airport and during your flight. You can also find information about your flight on our website georgianwings.com.
Article 10 - Refunds
General
10.1. Upon failure by the Carrier to provide carriage in accordance with the contract of carriage, or where passenger requests a voluntary change of his/her arrangements, refund for an unused ticket or unused portion of the ticket thereof shall be issued by the Carrier in accordance with the following paragraphs of this Article and the relevant fare conditions:
Refund Recipient
10.1.1. The refund will be made either to the passenger named on the ticket or to the person who paid for the ticket upon presentation of satisfactory evidence that the payment has been made, except otherwise specified.
10.1.2. If the ticket has been paid for by a person other than the passenger named on the ticket and if the ticket indicates that there is a restriction on refunds, the Carrier will offer the refund only to the person who paid for the ticket or in accordance with that person’s instructions and orders.
10.1.3. A refund made to anyone presenting the passenger coupon and all unused flight coupons and presenting themselves as the legitimate recipient of the refund in accordance with 10.1.1. or 10.1.2. will be deemed as a refund to the legitimate recipient and shall discharge the Carrier from liability and any further claim or refund.
Involuntary Refunds
10.2.1. If the Carrier cancels a flight, fails to operate a flight according to the timetable, fails to stop at your destination or stopping places, cause you to miss a connecting flight for which you hold a reservation or is unable to provide previously confirmed space, the amount to be refunded shall be:
10.2.1.1. If no portion of the ticket has been used, an amount equal to the airfare paid;
10.2.1.2. If a portion of the ticket has been used, not less than the difference between the fare paid and the fare applicable to the segments the passenger has already flown;
Voluntary Refunds
10.3.1. If the passenger requests a refund for reasons other than those mentioned under paragraph 10.2.1. of this Article and the passenger has the right to refund, 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, less any reasonable service charges or cancellation fees;
10.3.1.2. if a portion of the ticket has been used, the difference between the fare paid and the applicable fare for flown segments for which the ticket has been used, less any applicable service charges or cancellation fees.
Right to Refuse Refund
10.4.1. The Carrier may refuse a refund when the respective application is made after the expiry of the validity of the ticket.
10.4.2. The Carrier reserves the right to refuse a refund on a ticket that has been presented to government officials or to the Carrier as evidence of intention to depart therefrom, unless the passenger establishes to the Carrier’s satisfaction that they have permission to remain in the country or that they will depart therefrom with a different carrier or by another means of transport.
Currency
10.5. All refunds will be subject to governmental 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 above provisions, refunds will normally be made in the same currency in which the fare was paid. The reimbursement amount may deviate from the amount originally paid for the reimbursed ticket due to conversions and fees of your payment service provider.
Reimbursement in the Travel Agency
10.6. In the case of tickets booked via a travel agency, the reimbursement amount may deviate from the amount paid by you to the travel agency due to fees that the travel agency has charged. We therefore recommend that you contact the travel agency and have the reimbursement made there.
Article 11 - Conduct on Board
General
11.1. The crew’s instructions are to be followed. If you conduct yourself aboard the aircraft in a manner that endangers 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 or removing from the flight. You may be refused onward carriage by us and may be prosecuted for your conduct on board the aircraft.
Electronic Devices
11.2. For safety reasons, the use of mobile phones, radios, laptop computers, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices, radio controlled toys and walkie-talkies is not permitted on board. The use of these electronic devices is allowed in accordance with the crew’s instructions. Please pay attention to the crew’s announcements and other informational materials on board.
Obligation to Wear Seat Belts
11.3. You must remain seated with your seatbelt fastened as long as the “fasten seatbelt” sign is on. You are obliged to comply with the instructions of cabin crew and officers in this regard.
Alcoholic Beverages
11.4. The consumption of private stock alcoholic drinks is not permitted on board. For safety reasons you are only allowed to consume alcoholic drinks purchased on board.
Non-Smoking Flights
11.5. Smoking of any kind, including e-cigarettes, is prohibited in all areas of the aircraft. Any attempt of smoking may result in severe criminal consequences being brought against you and damages caused will be claimed against you by us. Furthermore, in such cases we reserve the right to refuse any further carriage of you and your baggage and cancel your reservation(s).
Taking Photographs and Filming on Board
11.6. Taking photographs and filming on board is only permitted when the rights of the people photographed - in particular their privacy rights - can be safeguarded and ensured. Taking photographs and filming on board may be prohibited by the crew at any time.
Article 12 - Additional Services
12.1. If we make arrangements for you with any third party to provide services other than flight-related services, or to issue carriage documents for carriage services not relating to flights, in doing so we are acting only as your agent, therefore we shall have no liability to you except for negligence on our part in making such arrangements.
Article 13 - Administrative Formalities
General
13.1.1. You are obligated and solely responsible for obtaining all required travel documents and visas and for complying with all laws and regulations of countries that you will fly from or into or through which you will transit; the same applies to our regulations and instructions in this regard. Your travel documents and visas must be valid for the entire duration of your journey, including any breaks in travel. We do not accept any responsibility in this regard; in particular, we are not obliged to check the validity of documents.
13.1.2. We shall not be liable for the consequences that result from your failure to carry such documents or visas with you, or your failure to comply with applicable laws, regulations or instructions.
13.1.3. We shall not be liable for any aid or information given by us to you in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to you resulting from your failure to obtain such documents or visas, or to comply with such laws, regulations, orders, demands, requirements, rules, or instructions.
Travel Documents
13.2. Prior to travel and at our request, you must present all entry, exit, health and other documents required by the destination or transit countries and, if necessary, permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or if your travel documents are incomplete, and we are not liable for any loss suffered or expenses incurred by you as a result of your failure to comply with these provisions.
Refusal of Entry
13.3. You agree to pay the applicable airfare whenever we, upon government order, are required to return you to your place of departure or another destination because you are not allowed to enter the respective country (a transit or destination country). We may apply to the payment of such an airfare any funds paid to us by you for unused carriage. We will not refund the fare paid for carriage to the point of refusal of entry or deportation.
Responsibility of Passenger for Fines, Detention Costs, etc.
13.4. If we are required to pay or deposit any fines or penalties or are to incur any expenses due to your failure to comply with the laws or regulations on entry to or travel through the country concerned, or to produce the required documents in the proper form, you shall be obligated to reimburse us on demand any amounts so paid or deposited. This obligation does not only apply to the passenger, but also to the person who purchased the ticket. We are entitled to use towards such payments or expenditures the value of any unused part of your ticket or any of the funds in your possession.
Customs Inspection
13.5. If required, you shall submit to an inspection of both your checked and unchecked baggage by customs or other government officials. We are not liable for any damage suffered by the passenger in the course of such an inspection or through your failure to comply with this requirement.
Security Inspection
13.6. You are obligated to submit to, and have your baggage submitted to, any security checks carried out by government authorities, operator of the airport or by us.
Transmission of Data
13.7. We are entitled to transmit your passport data and all of your personal data processed and used by us in connection with your flight to government authorities if these authorities request us to do so due to compelling statutory requirements and in order to fulfil the contract of carriage.
Article 14 – Liability for Damage
General
14.1.1. Our liability is determined by these Conditions of Carriage.
14.1.2. Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention. Whether Georgian legislation is applicable, our liability is subject to the provision of no. 96 Order of the Director of the Civil Aviation Agency.
14.1.3. We are liable for sufficiently proven damages only and our liability shall not exceed the amount of proven damages.
14.1.4. If we prove that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, we shall be wholly or partly exonerated from the liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When because of your death or injury compensation is claimed by a person other than you, we shall likewise be wholly or partly exonerated from the liability to the extent that we prove that the damage was caused or contributed to by your negligence or your other wrongful act or omission. This provision applies to all the liability provisions applicable to us towards you.
14.1.5. Law action in court for compensation must be filed within two years, starting with the date of arrival of the aircraft, or the day on which the aircraft should have arrived, or on which the carriage was interrupted.
14.1.6. We are not liable for damages that arise from our fulfilment of state regulations or that arise due to your failure to fulfil your obligations.
14.1.7. Under no circumstances will our liability exceed the amount of the damage documented. We are only liable for indirect or consequential damage if we or our personnel have caused it in a grossly negligent or willful manner. This does not apply to personal injury.
14.1.8. We are not liable for any damage caused by you or by your baggage. You shall be responsible for any such damage caused to other persons or to other persons' (including our) property.
14.1.9. The contract of carriage, these Conditions of Carriage and exclusions and limits of liability applies to our employees, servants and agents to the same extent as they apply to us. The total amount recoverable from us and from such persons shall not exceed the upper limit of our own liability, as set out in these Conditions of Carriage.
14.1.10. The exclusions from liability and the liability restrictions of the Convention and of the respectively applicable national law shall apply, unless otherwise explicitly stipulated by these Conditions of Carriage.
Liability for Death or Injury
14.2. There are no maximum compensation amounts for liability in the event of the death or injury of passengers. For damage of up to SDR 128 821, we shall not be able to contest claims for damages with reference to fault. Receivables that exceed this amount can only be averted by the carrier by the latter proving that both it itself and its people did not act in a negligent or otherwise culpable manner, and that no negligent or otherwise culpable omission is the cause.
Damage to or loss or destruction of Baggage
14.3.1. In the case of checked baggage pursuant to Art. 8.10 of these Conditions of Carriage, a culpability-independent liability exists unless the baggage was already damaged beforehand. With unchecked baggage, we are only liable for our culpable behaviour and that of our personnel.
14.3.2. We are liable for damage to or loss or destruction of baggage up to SDR 1 288. A higher liability limit applies if the passenger submits a special declaration regarding the amount-based interest in the delivery of the checked baggage at the destination at the latest upon check-in and pays the requested surcharge. In this case, the agreed amount is deemed to be the liability limit if the carrier cannot prove that the agreed amount is greater than the actual interest of the passenger in the delivery of the checked baggage at the destination.
14.3.3. If you accept the baggage delivered to you unconditionally, we take for granted, as long as the opposite is not proven, that it was delivered to you in good condition and according to the contract of carriage. In the event of damage to or loss or destruction of baggage, the passenger must request compensation from the airline as soon as possible in writing or in text format. In the event of damage to baggage, all legal action is excluded if the entitled party does not notify the carrier immediately after the damage is discovered, but in the case of checked baggage, no later than 7 (seven) days after the acceptance of the baggage. This does not apply if the carrier has acted in a fraudulent manner.
14.3.4. We are not liable for damages caused by items in your baggage, unless it is due to gross negligence or an intentional act on our part. If these items cause damage to the baggage of other passengers or to our property, you are obliged to compensate us for all damages and expenses resulting therefrom.
Delays in the Carriage of Passengers and Baggage
14.4.1. We are liable for damages due to delays during the carriage of passengers and in the carriage of checked baggage, unless we and our personnel took all reasonable measures to prevent the damages, or if taking these measures was not possible for us or our personnel.
14.4.2. Liability for damages arising from delays in the carriage of passengers is limited to SDR 5 346.
14.4.3. Liability for damages arising from delays in the carriage of baggage is limited to SDR 1 288. A higher liability limit applies if the passenger submits a special declaration regarding the amount-based interest in the delivery of the checked baggage at the place of destination and pays the required surcharge at the latest upon check-in. In this case, the agreed amount is deemed to be the liability limit if the carrier cannot prove that the agreed amount is greater than the actual interest of the passenger in the delivery of the checked baggage at the place of destination.
14.4.4. In the case of damage that has been caused by the delayed delivery of baggage, the passenger must notify the carrier as quickly as possible in writing or in text form. In the event of damage due to delays, all legal action is excluded if the entitled party does not give notification of the damage within 21 (twenty-one) days after the delivery of the baggage. This does not apply if the carrier has acted in a fraudulent manner.
14.4.5. If the injured party has contributed to causing the damage which has arisen, the amount of the compensation claim is to be reduced in proportion to the contributory negligence of said party. In particular, the injured party is obliged not to increase the compensation amount caused by the loss or delayed carriage of his/her baggage through unreasonable replacement purchases.
Overbooking
14.5.1. In the allocation of available seats, we will give priority to unaccompanied children and sick and disabled passengers. Otherwise, passengers will be received in the order they arrived with due consideration given to their reasons for travelling.
14.5.2. If it is foreseeable that some passengers will have to be refused the right to travel, we will attempt in advance to find passengers who agree to volunteer not to travel on this occasion.
Cancellations
14.6. In the event of cancellations, we will attempt to rebook you onto alternative flights, if necessary.
Article 15 – Charter Regulation
15.1. With respect to charter flights, the provisions of these Conditions of Carriage shall apply with the following differences.
15.2. The following conditions apply for the charter carriage provided by us:
a) the Conditions of Contract and other notices set out in your itinerary;
b) these Conditions of Carriage;
c) the Convention;
d) the applicable law;
e) the Charter Agreement;
15.3. It is the responsibility of your travel agent arranging the charter flight to inform you about the conditions applicable to your carriage. The travel agent will be liable for all damages incurred by the travel agent's failure to inform you accordingly. For this article the travel agent/travel agency means a tour operator or another organizer.
15.4. Your reservation is made by your travel agent who shall provide you with the reservation code. For the charter flights the agreement is concluded between the passenger and the relevant travel agent and the carrier is not a party to this service undertaking.
15.5. Change of route is not permitted. Rules for time change, transferability and cancellation (also due to death of an immediate family member) of your reservation are defined by your travel agency according to the Charter Agreement concluded with us.
15.6. You are required to inform your travel agency about your physical disability, reduced mobility, serious or contagious disease, and any other condition requiring medical care, upon reservation. In case your pregnancy is after the 28th week at the time of either of the outbound or inbound journey, this must be reported to the travel agency on the day of reservation and you must submit your medical certificate to the travel agency. It is the responsibility of your travel agent to provide us with the information given by you and to submit your medical certificate to us. Should the travel agency fail to comply with the above requirements the travel agency will be solely responsible for damages incurred due to the refusal of your carriage.
15.7. Should you wish to carry special baggage or items of conditional carriage, you shall inform your travel agent. It is the responsibility of your travel agent to submit your request to us. Should the travel agency fail to comply with the above requirements the travel agency will be solely responsible for damages incurred by its failure to inform us.
15.8. Article 4 of these Conditions of Carriage do not apply to charter carriage. Terms and conditions set out in the Conditions of Contract will only be deemed valid for the charter flights to the extent they are applicable to such services.
15.9. Claims and complaints (including baggage claims and claims arising out of schedule change, delay, cancellation or diversion) must be submitted to your travel agent in writing. All time limitations indicated in these Conditions of Carriage are applicable.
15.10. The travel agency chartering the flight shall bear all costs incurred due to reasons beyond our control.
15.11. Any costs arising from overbooking of flights shall be borne by the travel agency chartering the flight.
15.12. If You are entitled to a refund you shall submit your claim to your travel agency in writing.
Article 16 - Other Conditions
16.1. Carriage of you and your baggage is subject to certain additional regulations and conditions that apply to our circumstances, or are published by us. These regulations and conditions may vary from time to time.
16.2. The headings in these Conditions of Carriage are only for transparency and are not relevant for interpretation or for making claims for damages.
16.3. No agent, employee, or representative of the Carrier has authority to alter, modify, or waive any provision of these Conditions of Carriage.
16.4. These Conditions of Carriage are reproduced in several languages. If there is any inconsistency between the English text and a non-English text, the English text will apply unless applicable local law requires otherwise.
16.5. Unless otherwise provided by the Convention or any mandatory provisions of any applicable law these Conditions of Carriage and any carriage which we agree to provide you with shall be governed by the laws of Georgia and any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the exclusive jurisdiction of the courts of Georgia.