PASSENGER TICKET: CONDITIONS OF CARRIAGE FOR CAPITAL AIR (PTY) LTD
In this ticket, the following definitions will be used: AIRCRAFT means all and any aircraft operated by the Carrier; CARRIAGE means the carrying or transportation of you and/or your baggage by the Carrier on an Aircraft (including embarking and disembarking from an Aircraft); CARRIER means Capital Air (Pty) Ltd, and CARRIER EXTENDED means the Carrier and its directors, employees, partners, servants and successors entitle of whatsoever nature (including, but not limited to, indirect, future and unascertained damages and including interest and costs) directly arising from your Carriage; PASSENGER TICKET means this document including the above, and any baggage check or additional notices issued by the Carrier or on the Carrier’s behalf, relating to your Carriage. Any amendment of variation to this Passenger Ticket is not effective unless it is in writing and signed by the parties.
1. INTERNATIONAL CARRIAGE is any Carriage defined as international carriage in any applicable international convention, which may be: The Warsaw Convention, 1929 or this convention as amended at The Hague (28/09/1955) and by protocols or supplemented by the Guadalajara Convention, 1961; or The Montreal Convention, 1999. All International Carriage will be subject to the rules established by the applicable conventions including those relating to legal liability.
2. NON – INTERNATIONAL CARRIAGE means any Carriage excluding International Carriage (as defined above). Non-International Carriage will be subject to the following: You agree that all and any Claims you may have against the Carrier Extended arising from, following or in any way connected to your Non-International Carriage, is subject to proof of legal liability and loss, and is in all events limited to a total maximum amount of ZAR 1 million (one million South African Rands), unless arising directly from the gross negligence of the Carrier, as established by a court of law. This means that you abandon any Claim you may have against the Carrier Extended in excess of ZAR 1 million (one million South African Rands), unless such a Claim arises directly from the gross negligence of the Carrier, as established by a court of law. Any right to bring or make a Claim against the Carrier Extended will be extinguished and cease to exist if the Claim is not made or brought within two (2) years of the date of arrival at destination or the date on which arrival was scheduled. Further, the law of the Republic of South Africa will apply to and govern any and all disputes arising from your Non-International Carriage, and the South African courts will have exclusive jurisdiction in respect of such disputes.
3. In respect of all Carriage, you acknowledge the authority of the Carrier’s pilot and any authorised deputy and undertake to obey all lawful commands at all times during your Carriage. You agree to comply with any and all laws or government regulation, including all aviation, customs, travel, health and immigration requirements, of the countries or territories to be visited (Applicable Law). In the event that you fail, be it negligently or purposefully, to comply with any Applicable Law, you agree to irrevocably and forever release and discharge the Carrier Extended from all liability in respect of Claims you may have against the Carrier Extended which in any way arises from or is connected to your failure to comply with the Applicable Law. This means that you may not bring any Claim against the Carrier Extended which in any way arises from or is connected to your failure to comply with the Applicable Law. In addition you indemnify the Carrier Extended from, for and against any Claim and further any demand, action or joinder made against the Carrier Extended by any other person other than you (Third Party Claim) arising from or following or in any way connected to your failure to comply with Applicable Law. This means that you will be responsible to pay the Carrier Extended the value of any Third Party Claim made against the Carrier Extended which in any way arises from or is connected to your failure to comply with Applicable Laws.