Conditions of Carriage
These Conditions of Carriage are applicable to all flights, or portions of flights, for which the Fly Blue Crane Airline Designator Code appears in the carrier box of the Ticket or of the corresponding Coupon as well as those other situations specified in these Conditions of Carriage.
2. Scope of Application
3. Bookings and Tickets
5. Check-In and Boarding
6. Refusal and Limitation of Carriage
8. Schedules, Delays and Cancellations of Flight
10. Conduct On-Board the Aircraft
11. Provisions for Ancillary Services
12. Administrative Formalities
13. Liability for Damage
14. Time Limitations on Claims and Liability Actions
1.1. “Fly Blue Crane”, “we”, “our” and “us” means Fly Blue Crane Proprietary Limited, a private company incorporated under the laws of the Republic of South Africa, having its offices at Isando Business Park, Blocks G1/G4, c/o Gewel and Hulley Streets, Isando, South Africa with registration number 2014/074895/07.
1.2. “Passenger”, “You”, “your” and “yourself” means any person other than a member of Fly Blue Crane’s crew, carried or to be carried in an aircraft pursuant to a Ticket.
1.3. "Airline Designator Code" means the two-character code which identifies individual airlines in tickets, timetables, reservation systems and elsewhere.
1.4. “Administration Fees” means the fees charged to a Passenger by us and/or our Authorised Agents in accordance with these Conditions of Carriage in respect of, inter alia, changes to a Ticket or the refund of a Ticket. To the extent applicable, the Passenger shall be informed of the amount of the applicable Administration Fees prior to finalisation of his/her Booking.
1.5. "Authorised Agent" means a sales agent who has been appointed by Fly Blue Crane to represent it in the sale of air transportation on its flights to Passengers.
1.6. “Baggage” means all articles, effects and other personal property of a Passenger that he/she wishes to wear, take and/or use in connection with or on his/her flight, and includes both Checked Baggage and Unchecked Baggage, unless expressly indicated otherwise.
1.7. “Baggage Allowance” means the maximum Baggage (in terms of item numbers, weight and/or dimensions) which each Passenger is permitted to travel with, whether or not in return for payment, as determined by Fly Blue Crane from time to time and available on its website at www.flybluecrane.com/links/policies/baggage-policy.
1.8. “Baggage Tag” means the document that is issued by Fly Blue Crane and affixed to the Checked Baggage for the purposes of identification thereof, and which relates to the carriage of the Customer’s Checked Baggage.
1.9. "Booking" means a booking made in Fly Blue Crane’s database, subject to the receipt by Fly Blue Crane of the full payment in respect thereof, which Booking is the primary record of the reservation made by Passenger, and pursuant to which a Ticket is issued.
1.10. “Checked Baggage” means such Baggage which is carried by Fly Blue Crane for and on behalf of the Passenger, and for which Fly Blue Crane has issued a Baggage Tag to the Passenger upon check-in. Checked Baggage cannot be carried as Hand Baggage by the Customer, and must comply with the Baggage Allowance.
1.11. "Check-In Deadline" means the time limit specified by Fly Blue Crane, from time to time, by which the Passenger must have completed the check-in formalities and received his/her boarding pass.
1.12. “Conditions of Carriage” means these conditions of carriage, as updated and amended from time to time.
1.13. "Coupon" means a paper Flight Coupon or an Electronic Coupon, each of which bears the name of the Passenger who is to take the flight identified on the Coupon.
1.14. "Electronic Coupon" means an electronic Flight Coupon or any other document that has the same value, which is stored in digital format in Fly Blue Crane’s computerised reservation system.
1.15. "Electronic Ticket" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.
1.16. "Fare" means Fly Blue Crane’s published fare, charged and/or related to the Conditions of Carriage of an airline and filed, where required, with the appropriate authorities from time to time.
1.17. "Flight Coupon" means the portion of the Ticket identified as being “valid for carriage” or, for Electronic Tickets, the Electronic Coupon that shows the exact points between which the Passenger must be carried.
1.18. "Force Majeure" means unusual and unforeseeable circumstances beyond Fly Blue Crane’s reasonable control, the consequences of which could not have been avoided even if all due care had been exercised, and includes, without limitation, adverse weather conditions, technical faults in the aircraft, bomb threats at the airport, other security incidents, ill passengers or airport closures.
1.19. “Issue fees” mean, if applicable, the fees charged to the Passenger by Fly Blue Crane or its Authorised Agents, in consideration for issuing a Ticket.
1.20. "Itinerary/Receipt” means one or more documents that Fly Blue Crane issues to the Passenger, that confirm(s) the issue of an Electronic Ticket that bears his/her name, flight information and notices to Passengers.
1.21. “No Show” means a Passenger who failed to arrive for and/or board his/her flight at the applicable times and/or deadlines, and whose Ticket and/or Booking may consequently be cancelled and forfeited.
1.22. “Persons with Reduced Mobility” means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotory, permanent or temporary), intellectual or mental disability or impairment, or any other cause of disability, or due to age, and whose situation needs appropriate attention and the adaptation to his/her particular needs of the service made available to Passengers generally.
1.23. "PNR" means a Passenger’s name record, which is a unique Booking reference number which identifies the Passenger’s Booking in Fly Blue Crane’s database for a flight, portion of a flight or combination of portions of a flight.
1.24. “Schedules” or “Schedule indicators” means the list of departure and arrival times for the flights, as shown in the schedule guides published by Fly Blue Crane, or under its authority, and brought to the attention of the public by electronic means.
1.25. “Special Needs Passengers” mean any Passenger requiring individual and/or special assistance and/or attention in boarding, embarking and/or disembarking a flight or otherwise, which is not usually extended to other Passengers, and includes, without limitation, Unaccompanied Minors (as herein defined), incapacitated persons, pregnant women, persons who suffer from general or serious medical conditions and/or illnesses, persons with mental or physical disabilities or impairments, persons requiring special medical treatment and/or Persons with Reduced Mobility.
1.26. “Taxes” mean any and all fees, taxes and charges imposed by governments, an airport operator or any other authority in respect of air transportation and related services.
1.27. "Ticket" means the Electronic Ticket issued by us or on our behalf, and includes the Conditions of Contract, notices, Coupons and Baggage Tags.
1.28. “Unchecked Baggage” means all Baggage, other than Checked Baggage, which is permitted to be carried on board the aircraft by the Passenger, and which remains in the possession and under the control of the Passenger. This Unchecked Baggage remains in the custody of the Passenger, subject to the terms of these Conditions of Carriage. Unchecked Baggage may also be referred to as “Hand Baggage”, “Carry-on Baggage” or “Cabin Baggage”.
2. Scope of Application
2.1. General Provisions
2.1.1. These Conditions of Carriage apply to all flights, or portions of flights, for which the Fly Blue Crane Airline Designator Code appears on the Ticket.
2.1.2. For the avoidance of doubt, these Conditions of Carriage also apply to free, promotional or reduced Fare carriage, except as otherwise provided for herein or in any other agreement between Fly Blue Crane and the Passenger in respect of such flights.
2.1.3. These Conditions of Carriage are available from Fly Blue Crane and its Authorised Agents and are accessible online at www.flybluecrane.com.
2.1.4. No agent, employee or representative of Fly Blue Crane has authority to alter, modify or waive any provision of these Conditions of Carriage. These Conditions of Carriage represent a binding agreement between us and you. If you do not wish to be bound by these terms, you must not make a reservation or proceed with your Booking.
2.1.5. Any invalidation of one or more provisions of these Conditions of Carriage shall not have any effect on the validity of other provisions, which shall continue in full force and effect.
2.2. Predominance of the Law
These Conditions of Carriage are applicable to the extent that they are not contrary to mandatorily applicable laws, in which case, said laws shall prevail. If there is a conflict between these Conditions of Carriage and any other policies or regulations of Fly Blue Crane, these Conditions of Carriage will prevail.
3. Bookings and Tickets
3.1.1. A Booking shall only de deemed to be confirmed upon receipt of payment of the full amount in respect of such Booking by Fly Blue Crane. Such confirmed Booking will incorporate these Conditions of Carriage, and shall collectively constitute the agreement between the Passenger and Fly Blue Crane.
3.1.2. Fly Blue Crane will permit carriage only to the Passenger(s) whose name(s) appears on such Booking, subject to the presentation of appropriate and valid proof of identification at the time of check-in and/or travel.
3.1.3. Fly Blue Crane may, from time to time, offer flights at reduced or special Fares, which may be completely non-refundable or subject to other specific terms and conditions that may limit or exclude your rights to change such Bookings. It is your responsibility to read and familiarise yourself with the terms and conditions applicable to such flights and/or Fares prior to making a Booking. Fly Blue Crane accepts no responsibility for any damage or loss suffered by a Passenger as a result of his/her failure to do so.
3.1.4. All Bookings will have a specific date and time for travel. No Bookings can be made in an open-ended manner.
3.1.5. Fly Blue Crane is a ticket-less airline. Upon making a Booking, we offer a printed or e-mailed Itinerary with a Booking Confirmation Number and details of the Booking. If the booking is paid for the Confirmation receipt will indicate the receipt of payment, alternatively it will indicate when payment is due prior to the itinerary being cancelled if no payment is received. Tickets shall at all times remain the property of the issuing airline.
3.1.6. All Passengers booking through and/or traveling with Fly Blue Crane agree to and shall be bound by these Conditions of Carriage.
3.1.7. All persons under the age of 18 years who wish travel to and from South Africa, must produce such documentation as is required by the South African Department of Home Affairs from time to time at check-in for each flight. Failure to comply with the provisions of such travel requirements shall result in denied boarding, with no liability on the part of Fly Blue Crane. For further information and assistance please contact the South African Department of Home Affairs by calling 0860 60 11 90 (toll free from South Africa), or your local South African Embassy.
3.2. Validity Period
3.2.1. Unless expressly provided otherwise in a Booking, Ticket or these Conditions of Carriage, and subject always to clause 3.1.4 above, a Booking is valid for a period of:
184.108.40.206. One (1) year from the date of first flight undertaken in respect of international travel; and
220.127.116.11. Six (6) months from the date of first flight undertaken in respect of travel within the Republic of South Africa.
3.2.2. Notwithstanding the foregoing, if a Passenger, at any stage during his/her journey, is prevented, due to medical reasons from continuing and/or completing such journey during the validity period of the Ticket, Fly Blue Crane will extend the validity of the Ticket until such date on which the Passenger is once again in a position to travel, provided that the date falls within the validity of the Ticket as described in clause 3.2.1, and further provided that the Passenger is able to present to Fly Blue Crane a reasonably acceptable and appropriate medical certificate from a registered medical practitioner. To the extent applicable, and subject to compliance with the conditions of proof specified above, we may also, on specific request from the relevant Passenger(s), extend the validity of Tickets of immediate family members who were accompanying the Passenger at the time such health problems arose which resulted in the Passenger discontinue his/her journey.
3.2.3. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Ticket and the Tickets of the immediate family members who are accompanying the Passenger may likewise be extended or refunded at the Passenger’s request, provided that the date falls within the validity of the Ticket as described in clause 3.2.1, subject to availability of the Itinerary for which the Fare has been paid. Any such change or refund may only be made after receipt of a valid death certificate by Fly Blue Crane. The extension mentioned above shall only start at the point at which the journey was interrupted and shall be valid only for carriage in the class for which the Fare including Tax has been paid. Any extension as foresaid will only be granted for a period of forty-five (45) days as from the date of death.
3.3. Changes and Cancellations
Any changes that a Passenger wishes to make to a Booking and/or Ticket, including cancellations or name changes, are subject to Fly Blue Crane’s approval, the terms and conditions applicable to the relevant flight(s) and/or Fare(s), and payment of the applicable Administration Fees, which shall be charged on a per Passenger, per change basis. Changes in accordance with this clause, may be made at least 1 hour prior to flight departure.
3.4. Fares, Taxes, Fees and Charges
3.4.1. Fares: Unless expressly stated otherwise, Fares apply only to air travel carriage from the airport at the point of origin/departure to the airport at the point of destination. Fares will be calculated in accordance with our then current rates at the time of payment in respect of your Booking. Any subsequent changes to your Booking may result in the payment of additional fees to reflect the then-current applicable Fare in respect of such amended Booking.
3.4.2. Taxes, Fees and Charges: You shall be liable for and shall pay all applicable Taxes. We will advise you of all such applicable Taxes not included in the Fare at the time you purchase your Ticket, which shall be indicated separately on your Booking confirmation. In the event that any such Taxes are changed, increased or imposed after the date on which your Ticket is issued, you will be liable for and shall pay such additional Taxes. Similarly, in the event any Taxes which you have already paid to us are abolished or reduced such that they no longer apply to your flight, Ticket or Booking, or a lesser amount in this regard is due by you, you may be entitled to claim a refund in respect of such reduced Taxes.
3.4.3. Issue Fee: Fly Blue Crane may charge the Passenger a reasonable Issue Fee in consideration for issuing a Ticket, as determined by Fly Blue Crane from time to time. If applicable, these Issue Fees will be added to the Fare and will include Taxes. The Issue Fees charged by Fly Blue Crane, if any, are non-refundable. The Passenger shall be informed of the amount of Issue Fee prior to finalisation of the Booking and purchase of a Ticket.
3.4.4. Currency: All amounts payable to Fly Blue Crane are payable in South African Rand only.
3.5. Payment Methods
3.5.1. Credit Cards: We only accept Visa , Master Card and Diners. If you pay for your Booking by Credit Card, you will be required to present the original Credit Card at check-in. Where a third party Credit Card has been used for payment, a certified copy of the front of such Credit Card must be presented on check-in.
3.5.2. Debit Cards: We accept all debit cards. In order to make payment by debit card, you have to be linked to an internet banking system, or, alternatively, you have to make payment at the Fly Blue Crane counter at the airport.
3.5.3. EFT: We also accept EFTs for online bookings, which is a web based payment service that allows you to pay for your booking via an electronic transfer. Payment is instantly debited from your account and Fly Blue Crane is immediately notified that the payment has occurred. No Credit Card is required.
4.1. General Provisions
Bookings will only be confirmed when they are recorded in Fly Blue Crane’s computerised reservation system. Fly Blue Crane will provide confirmation of such Booking automatically via e-mail to the Passenger or printed where booking is made at a ticket office.
4.2. Reservations Requirements
4.2.1. If you make a reservation, but fail to pay all amounts due in respect of the relevant Ticket(s) before the specified ticketing time limit indicated by Fly Blue Crane or our Authorised Agent(s), we shall be entitled to cancel such reservation without notice, and to allocate the relevant seat to another Passenger, without having any further obligation or liability towards you. In such instance, you will be required to make a new reservation, and we cannot guarantee that the same flight and Fare will be available when attempting to make such new flight reservation.
4.2.2. The Passenger is obliged to inform Fly Blue Crane at the time of making a reservation if he/she requires, or may require, special assistance, and/or is a Special Needs Passenger. Such reservation will be and remain provisional until such time that the Passenger has received any medical clearance required and all prerequisite conditions attached to such clearance have been complied with by the Passenger, to the reasonable satisfaction of Fly Blue Crane.
4.2.3. The Passenger undertakes to comply with all further conditions as may be required from the date of confirmation of the Booking until completion of his/her journey. Fly Blue Crane will not have any further obligation or liability towards a Passenger if he/she fails to comply with such conditions.
4.2.4. Notwithstanding a Passenger’s compliance with the foregoing, Fly Blue Crane reserves the right to deny boarding to a Passenger in the interest of safety, or as may be required by the relevant authorities. In such instances, Fly Blue Crane will refund the denied Passenger in full.
4.3. Personal Information
4.3.1. During the booking and/or reservation process, each Passenger will be required to provide Fly Blue Crane with personal information relating to him/her. Each Passenger, by purchasing a Ticket and/or making a Booking, consents to us using such personal information, including information about how such Passenger uses our services and facilities, for the purposes of complying with our obligations under these Conditions of Carriage and the relevant Booking, including without limitation, for the purposes of:
18.104.22.168. Making a reservation and issuing a Ticket;
22.214.171.124. Providing transportation and any related services and facilities;
126.96.36.199. Accounting, billing and auditing;
188.8.131.52. Checking credit or other payment costs;
184.108.40.206. Immigration and custom control;
220.127.116.11. Security, administrative and legal purposes;
18.104.22.168. Statistical analysis;
22.214.171.124. Operating frequent flyer programmes (if applicable);
126.96.36.199. System testing, maintenance and development;
188.8.131.52. Customer relations;
184.108.40.206. Helping us in any future dealings with a Passenger; and
220.127.116.11. Direct marketing and market research (in which case the Passenger will be given an opportunity to opt out of such marketing communications).
4.3.2. For these purposes and subject to applicable laws, each Passenger, by purchasing a Ticket and/or making a Booking, consents to us retaining, using and releasing his/her personal information to any third party who is involved in the provision of these services. We will not, however, sell a Passenger’s personal information or make it available to any third party other than as provided for herein, or as expressly consented to by a Passenger.
4.4. Cancellation of Onward Reservations
You must ensure that you check in for your flight before the Check-in Deadline. It remains your own responsibility to ensure that you are aware of the applicable check-in times that apply to each flight, or portion of flights. If you fail to check in by the allocated Check-in Deadline, you will be regarded as a No Show, and we will be entitled to cancel your Booking, as well as your return reservations/Bookings, without any further responsibility or liability to you. You will forfeit your seat and corresponding Fare in respect of such flight and/or portion of the flight.
4.5.1. Passengers will be able to request an assigned seat at Fly Blue Crane’s airport check-in counters. For preferential seating, Passengers may request an advanced seat assignment at the time of making a Booking, or thereafter for an additional fee as determined from time to time by Fly Blue Crane. Passengers may also select specific seats at the time of online check-in without charge. All requests for specific and/or assigned seats are subject to availability and applicable safety regulations, and shall apply only to the flight or portion of the flight in respect of which the request has been made.
4.5.2. Notwithstanding the foregoing, Fly Blue Crane reserves the right to assign or reassign seats at any time, even after boarding of the aircraft, for operational, safety or security reasons.
4.5.3. For safety reasons, under no circumstances will Unaccompanied Minors, the elderly, adults traveling with Infants and/or children, Special Needs Passengers or Passengers with medical conditions be seated in the emergency exit row or immediately behind or in front from the emergency exit row.
5. Check-In and Boarding
Check-in is available online prior to departure or at check-in counters 2 hours prior to departure, passengers are required to check-in 40 min prior to flight departure. Passengers should familiarise themselves with their flight itinerary to ensure adherence to check-in times and Check-in Deadlines applicable to all flights and/or portions of flights. It is imperative that the Passenger honours these Check-in Deadlines, as a failure to do so will result in such Passenger being regarded as a No Show. Fly Blue Crane does not assume any responsibility or liability resulting from a Passenger’s failure to comply with this obligation and/or to check in on time. For more information on applicable Check-in Deadlines, Passengers must visit www.flybluecrane.com or contact us and/or the applicable airport(s) directly.
5.1.1. Upon arrival at the check-in counter, each Passenger needs to be personally present, and must present his/her original identification document, valid driver’s license or passport. A birth certificate (abridged or unbridged), passport or identity document (ID) will be required as a form of identification for infants, children and unaccompanied minors travelling on Fly Blue Crane's domestic services. No Passenger shall be allowed to board a flight in the absence of the required identification documentation, and no copies, including certified copies, will be accepted.
5.1.2. Upon check-in, the check-in agent will verify the validity of the Passenger’s Ticket and ensure that the name on the Ticket corresponds with the identification documentation presented by the Passenger.
5.1.3. The check-in agent will pose the relevant security questions to each Passenger to confirm whether such Passenger’s Baggage contains any dangerous or other prohibited items, as set out in these Conditions of Carriage. Each Passenger undertakes to answer truthfully and accurately to such questions, and indemnifies Fly Blue Crane against any damage or loss of any nature whatsoever resulting from a Passenger’s failure to comply with this clause 5.
5.1.4. If, pursuant to the above, the Baggage complies with applicable regulations, it will be weighed, tagged and recorded in Fly Blue Crane’s system.
5.1.5. If a Passenger’s Unchecked Baggage does not comply with weight and dimension parameters at the time of boarding a flight, such Passenger shall not be permitted to board the aircraft with such Unchecked Baggage.
5.2.1. After check-in, Passengers must proceed to the correct boarding gate prior to the closure thereof, as directed and/or indicated by the check-in agent and/or as indicated on the Ticket and/or boarding pass issued pursuant to successful check-in. Passengers must be at the correct boarding gate prior to the closure thereof.
5.2.2. Special Needs Passengers must report to the correct boarding gate at least 45 minutes before departure of the flight. Failure to do so may result in the Passenger being regarded as a No Show.
5.2.3. Additional security checks may be performed by the Fly Blue Crane and/or airport staff at the boarding gate to ensure verification of each Passenger’s identity and to confirm that no items in a Passenger’s Unchecked Baggage pose any safety and/or security risks. All Passengers are required to cooperate with such security checks.
5.2.4. In the event that a Fly Blue Crane staff member finds that a Passenger’s Unchecked Baggage does not comply with weight and dimension limitations, such Passenger will be required to recheck such Baggage at the check-in counter. This may result in a Passenger missing and/or delaying his/her flight. It is the responsibility of the Passenger to comply with Fly Blue Crane’s Baggage weight and dimension requirements, and Fly Blue Crane will not be responsible or liable to the Passenger for any damage or loss that a Passenger may suffer as a result of such non-compliance. Information on Fly Blue Crane’s Baggage allowances and requirements from time to time can be found at www.flybluecrane.com.
5.2.5. Passengers shall be required to present their boarding pass to Fly Blue Crane’s boarding staff, who shall check the correctness of the flight information, and return the stub to the Passenger, who shall be required to retain it for the duration of the flight, until he/she has reached his/her final destination.
5.2.6. If a Passenger does not arrive at the correct boarding gate at the required time, he/she will be deemed a No Show, and his/her Checked Baggage will be offloaded.
5.2.7. If Passengers are required to use bus transport to the aircraft, a Fly Blue Crane staff member will escort Passengers to the aircraft. Passengers are required to follow the directions of the relevant Fly Blue Crane staff member(s) in these circumstances, and adhere strictly to all safety instructions during this time. Fly Blue Crane shall not be responsible or liable to Passengers as a result of any failure by any Passenger to do so.
5.2.8. If, for any reason whatsoever, a Passenger who has already been recorded on the Fly Blue Crane system as having boarded, does not proceed to fly on such flight, the Passenger’s Checked Baggage will be off-loaded and the Passenger manifest and Fly Blue Crane’s system shall be updated accordingly.
5.2.9. Infants may be transported to the aircraft in collapsible prams, carrycots and car chairs, however, for safety reasons, such items must be tagged at the aircraft door by the cabin crew, and stowed in the hold prior to take-off. Passengers shall adhere to all instructions by the cabin crew in this regard, and shall not be permitted access to and use of such items on the aircraft, for safety reasons.
6.1. Refusal of carriage
6.1.1. For safety and security reasons, and in order to comply with applicable regulations and policies, Fly Blue Crane will not permit carriage, under any circumstances, to a person (or such person’s Baggage) who, at the time of travel, check-in and/or boarding, as the case may be, in Fly Blue Crane’s reasonable discretion:
18.104.22.168. has a contagious, infectious, and/or communicable disease that poses a threat to the health and safety of the other Passengers and/or crew;
22.214.171.124. is in a stretcher or incubator;
126.96.36.199. has suffered a heart attack or stroke within a period of 8 weeks prior to the flight;
188.8.131.52. requires medical treatment by a pneumatically or electrically operated apparatus which is not permitted to be operated on-board;
184.108.40.206. is under the influence of alcohol or narcotics that may result in disruptive behaviour that could affect the safe operation of the flight, or whose mental or physical state, including without limitation his/her attitude towards other Passengers and/or the Fly Blue Crane crew, is such that it could affect the safe operation of the flight and/or unreasonably or materially disrupt the flight and/or the other Passengers’ reasonable comfort and/or enjoyment thereof;
220.127.116.11. is not in possession of a valid boarding pass, the necessary and required travel documents and/or acceptable identification documentation, or fails and/or refuses to present same upon request;
18.104.22.168. fails and/or refuses to subject himself/herself and his/her Baggage to the necessary security checks and screenings;
22.214.171.124. poses any threat to the safety, security or health of the aircraft and its occupants, or fails to adhere to the instructions or our crew in respect of safety and security;
126.96.36.199. is unaccompanied and under 5 years of age;
188.8.131.52. has not paid the Fare, Taxes and/or any other applicable fees and charges;
184.108.40.206. presents a Ticket that has been unlawfully obtained, has been reported as stolen, is not lawfully in the Passenger’s possession, has been altered without our authorisation, is not authentic or original, or if the Passenger fails to present the Ticket to Fly Blue Crane and/or its staff members as required in terms of these Conditions of Carriage;
220.127.116.11. is accompanied by an animal other than a trained guide dog; or
18.104.22.168. has been previously banned from flying on-board any Fly Blue Crane aircraft for any of the above of other reasons.
6.1.2. Fly Blue Crane may, acting reasonably:
22.214.171.124. refuse carriage of a Passenger and/or his/her Baggage if it is required in terms of applicable laws, regulations and/or orders;
126.96.36.199. refuse carriage of any Passengers and/or his/her Baggage for any reasonable cause;
188.8.131.52. provide a Passenger with written notice of its refusal to carry such Passenger and/or his/her Baggage on any of its flights, which refusal shall be effective as of the date of such notice, and until such time as it notifies such Passenger otherwise. If the affected Passenger has already made a Booking for a date following such notice, he/she will be entitled to a refund of the Fare paid in respect of such Booking.
6.2. Special Needs Passengers
6.2.1. Acceptance for carriage of Special Needs Passengers is subject to prior arrangement with Fly Blue Crane. We may request medical certificates or other forms of medical clearance from such Special Needs Passenger. Failure to present the required documents will result in a refusal of carriage and/or denied boarding. Passengers are required to comply with the procedure and/or policy applicable from time to time with regards to Special Needs Passengers and the requisite approval, which is available from Fly Blue Crane upon request.
6.2.2. Notwithstanding the generality of the foregoing, Passengers are required to advise us of such special needs and/or any special assistance required at the time of requesting a Booking in sufficient detail. Provided that such Passenger has advised us of his/her special needs as foresaid, and has been accepted and confirmed by us, we shall not subsequently refuse carriage to such Passenger on the basis of such special need or special requirements, but applicable laws and regulations may apply to the air transport of such Passengers. If, for such regulatory reasons, we can no longer accommodate such Passengers, we will refund such Passengers in full in respect of any payments made by in respect of such Booking.
6.2.3. The acceptance of Special Needs Passengers will at all times be subject to applicable safety and security regulations imposed on and/or by Fly Blue Crane, which may include a limitation on the carriage of such Passengers.
6.2.4. Special Needs Passengers may not be seated in the same row as or a row directly in front of or behind an over-wing emergency exit, or in the same row as any other exit.
6.2.5. The onus is on the Passenger to ensure and/or confirm whether he/she will be regarded as a Special Needs Passenger and will need to comply with the provisions of this clause 6.2.
6.2.6. All Special Needs Passengers must be able to attend to their own personal needs during the flight and on board the aircraft. If this is not possible, such Special Needs Passenger must be accompanied by a fully able bodied person at all times, failing which Fly Blue Crane may refuse carriage of such Special Needs Passenger without any further responsibility or liability to such Passenger.
6.2.7. Notwithstanding the generality of the foregoing, Fly Blue Crane shall have no responsibility or liability to any Passenger arising from a failure to provide full and accurate details of the nature and/or extent of his/her special needs and/or the special assistance required by him/her, or for any loss or damage that results from a failure by him/her to comply with the provisions of this clause 6.2.
6.3. Carriage of Infants and Unaccompanied Minors
184.108.40.206. For safety reasons, children who have not yet reached their second birthday at the time of travel (“Infants”) are not permitted to travel in their own seats, and must be seated in an adult's lap at all times during the flight. A maximum of one Infant is allowed per adult. No extra seats may be booked for Infants.
220.127.116.11. If a child has reached, or will reach, their second birthday at the time of travel, such Infant will be required to travel in his/her own seat, which seat shall be booked and paid for in the ordinary course, at the applicable Fares. Seat allocation in respect of adults travelling with Infants will be subject to the applicable safety regulations, and assigned seating may be restricted and/or limited to such Passengers.
18.104.22.168. No Infants under the age of 7 days shall be permitted to travel on Fly Blue Crane’s flights. No Infants under the age of 14 days, shall be permitted to travel on Fly Blue Crane’s flights without the requisite medical clearance.
6.3.2. Unaccompanied Minors: A child who is older than the age of 5 years and below the age of 12 years at the time of travel, and who is travelling without the supervision of an adult parent or an adult guardian or a companion who is aged 16 years or older (“Unaccompanied Minor”) will be accepted strictly on the following terms:
22.214.171.124. Under no circumstances will children under 5 years of age be permitted to travel alone.
126.96.36.199. Bookings for Unaccompanied Minors may be made online and is subject to approval by Fly Blue Crane, in accordance with applicable regulations and operating requirements and restrictions on the carriage of Unaccompanied Minors. Any flight changes or Ticket changes will be subject to re-approval by Fly Blue Crane.
188.8.131.52. An Unaccompanied Minor shall be escorted to the airport check-in desk for the check-in procedure by a parent or guardian responsible for the Unaccompanied Minor. The Unaccompanied Minor shall remain in the airport with an allocated member of Fly Blue Crane’s staff until the Unaccompanied Minor has boarded the aircraft and it has departed from the airport.
184.108.40.206. The parent or guardian responsible for the Unaccompanied Minor is required to provide confirmation, with suitable proof and additional information reasonably required, to Fly Blue Crane that the Unaccompanied Minor will be met at the destination airport or stopover airport, as the case may be, by another parent or guardian responsible for the Unaccompanied Minor (with full details and proof of that person’s identity) and into whose custody the Unaccompanied Minor can be delivered.
220.127.116.11. The Unaccompanied Minor shall be required to have a confirmed Booking for the flight and/or all portions thereof, provided that it is not reasonably anticipated by Fly Blue Crane that the flight will terminate at a place other than its destination or make an unexpected stop at any other place due to weather or other operational conditions.
18.104.22.168. For safety and security reasons, Fly Blue Crane has the right to refuse travel if the Unaccompanied Minor is not booked as an Unaccompanied Minor, is unwell or has a serious medical condition, or otherwise in accordance with these Conditions of Carriage.
22.214.171.124. At the check-in counter a Fly Blue Crane representative will escort the Unaccompanied Minor through the respective security checkpoints and/or passport control(s), to the passenger door of the aircraft and hand the Unaccompanied Minor over to the flight cabin attendant.
126.96.36.199. Parents and/or guardians should remain at the airport until the flight takes off.
188.8.131.52. Upon landing, the Unaccompanied Minor will be introduced to a Fly Blue Crane staff member or handling agent host, who will escort him/her through airport immigration (if applicable) to arrivals and personally hand them to the receiving person at the destination airport, as identified by the parent or guardian. This person must carry proof of identification, failing which the Unaccompanied Minor will not be released.
6.3.3. Young Passengers: A young passenger is a child who is at least 12 years old, but under 16 years of age. For the purpose of fares, such young passengers are considered adults, and no special handling is provided or required unless requested by his/her parent or guardian.
7.1. General Provisions
7.1.1. Passengers declare and undertake that:
184.108.40.206. they are fully aware of the content of all of their Baggage;
220.127.116.11. they shall not leave their Baggage unattended, from the moment that they pack it and shall not accept any items from any other Passenger or person for inclusion in their Baggage; and
18.104.22.168. they will not travel with items or Baggage entrusted to them by or on behalf of a third party.
7.1.2. Passengers must not include perishable, liquid or fragile items in their Baggage. If, despite being prohibited from doing so, Passengers do include such items in their Baggage, they must ensure that such items are packed and protected in a suitable manner in order to prevent damage to such item, the Passenger’s Baggage, other Passengers’ Baggage or belongings or the aircraft. Fly Blue Crane will not be liable or responsible for any damage or loss resulting from a Passenger’s failure to comply with the provisions of this clause 7.1.
7.1.3. It is the Passenger’s responsibility to ensure that his/her Baggage is adequately secured, insured and that all valuable items or important documentation are removed from his/her Checked Baggage prior to the check-in procedure. All Checked Baggage items must have affixed to it a Baggage Tag and other personal identification, and must be secured. Fly Blue Crane does not assume any responsibility or liability for any loss or damage resulting from a Passenger’s failure to comply with his/her obligations as foresaid.
7.1.4. It is the responsibility of the Passenger to take out adequate travel insurance prior to travelling with Fly Blue Crane. Fly Blue Crane does not, for safety and security reasons, accept single Baggage items in excess of 32kg (thirty two kilograms) per item. Exceptions may be made for musical instruments, electric wheelchairs, sporting equipment, television news cameras and such other items as Fly Blue Crane may, from time to time, accept, subject to you obtaining Fly Blue Crane’s prior approval. For the avoidance of doubt, the weight limit referred to herein does not apply to a Passenger’s overall Baggage Allowance, which shall be show on the Ticker and/or can be found at www.flybluecrane.com, but only to single Baggage items. For the further avoidance of doubt, if a Passenger’s overall Baggage exceeds the prescribed limits, such excess Baggage may be carried as cargo, subject to these Conditions of Carriage, and payment of the applicable fees.
7.1.5. Under no circumstances will Fly Blue Crane be liable for minor damage to Checked Baggage or fair wear and tear thereof, such as, without limitation, scratches, dents, nicks, cuts, scuffs, stains, dirt or loss of external locks, straps, name tags and other external features attached to the Baggage (including without limitations wheels, zippers and handles), which results from normal baggage handling procedures.
7.1.6. Fly Blue Crane may, for operational, safety and/or security reasons, carry your Baggage on another flight, and not the flight you are travelling on, in which the Passenger must follow the applicable collection and/or delivery procedure in respect thereof, as obtained from or advised by Fly Blue Crane.
7.2. Free Baggage Allowance
7.2.1. Passengers are permitted to carry some Baggage free of charge, subject to Fly Blue Crane’s Baggage conditions and limitations from time to time, which are available upon request from us or our Authorised Agents and are available on our website at www.flybluecrane.com. Checked Baggage will only be accepted for flights that a Passenger is travelling on, and for no other flights.
7.2.2. Children are entitled to the same Baggage Allowance as adults.
7.2.3. Infants are only permitted 1 piece of Checked Baggage with a maximum weight of 10kg (ten kilograms). Infants are permitted one free piece of hand luggage weighing up to 7kg.
7.3. Excess Baggage
In the event that your Checked Baggage exceeds the free Baggage Allowance, you will be required to pay a charge for carriage of such excess, at our then current standard rates. These rates will be available from us upon request, or on our website at www.flybluecrane.com.
7.4. Items Unacceptable as Baggage
7.4.1. Passengers are not permitted to include any of the following in their Baggage:
22.214.171.124. items which do not constitute Baggage as defined;
126.96.36.199. any items which are likely to endanger the aircraft or any persons or property on board the aircraft, including without limitation such items as are specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);
188.8.131.52. any items which are prohibited from carriage by applicable laws, regulations or orders; and
184.108.40.206. any items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Further information about unacceptable items is available upon request. You are encouraged to contact Fly Blue Crane directly if you are unsure whether any specific item will be allowed on its aircraft.
7.4.2. Firearms and ammunition of any nature are prohibited from carriage as, or within, Checked or Unchecked Baggage.
7.4.3. Weapons such as swords, knives and similar items may be accepted as Checked Baggage, at our sole discretion, but will not be permitted in the cabin of the aircraft under any circumstances.
7.4.4. You must not include the following items in your Checked Baggage: fragile or perishable items, artwork, money, jewellery, precious metals, computers, personal electronic devices, cellular telephones, cameras, audio and video equipment, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
7.4.5. If, despite being prohibited, any prohibited items referred to in this clause 7 are included in your Baggage, such inclusion is entirely at your own risk, shall be without prejudice to any rights we may have in respect of your contravention of these Conditions of Carriage, and we shall not be liable or responsible for, and you indemnify us against, any loss or damage of any nature whatsoever suffered by any person as a result thereof, or for any loss of or damage to such prohibited items, subject to applicable laws.
7.5. Unchecked Baggage
7.5.1. Passengers are not permitted to carry in their Unchecked Baggage any items prohibited in terms of Fly Blue Crane’s policies from time to time. Without limiting the generality of the foregoing, Passengers shall not be permitted to include any sharp objects that appear to be or may be used as weapons, regardless of whether this is the intention or not. Such items include, without limitation, toy weapons, cutlery, nail clippers, scissors, knives, blades and/or syringes.
7.5.2. Unchecked Baggage must be stowed in accordance with the cabin crew’s instructions at all times. Passengers are responsible for the safety and contents of their Unchecked Baggage at all times, and Fly Blue Crane shall have no liability or responsibility to Passengers for any loss of or damage to such Unchecked Baggage or any items therein contained.
7.5.3. Fly Blue Crane may, for reasons of non-compliance or other safety reasons, be required to remove Unchecked Baggage from a Passenger. In such an event, the Passenger is required to remove all valuable items from his/her Unchecked Baggage and keep same on his/her person. If the Passenger fails to do so, Fly Blue Crane shall not be liable for any loss of or damage to such Unchecked Baggage or any items therein contained.
7.6. Right to Refuse Carriage
7.6.1. Fly Blue Crane refuses to carry the prohibited items listed in this clause 7 as Baggage. If such items are carried on as Baggage in contravention of this clause 7, and Fly Blue Crane discovers same at any time before completion of the journey, it may refuse further carriage of any such items.
7.6.2. Passengers must ensure that all items and Baggage are properly and securely packed, and/or in suitable containers, as the case may be. Fly Blue Crane reserves the right to refuse to accept Baggage for carriage if Fly Blue Crane reasonably believes that it is not properly and securely packed in suitable containers as foresaid. Passengers must contact Fly Blue Crane for more information of the suitability for containers as referred to in this clause 7.6.2, in order to ensure compliance therewith.
7.7. Right of Search
All Passengers must subject themselves and their Baggage for mandatory security screening, which may include a physical search and scan. In addition, Passengers may be required to undergo a physical search at security checkpoints, if deemed necessary by such security personnel. In the event that a Passenger is not available to be present at a security screening of his/her Baggage as foresaid, such security screening may be conducted in his/her absence, in order to establish compliance with this clause 7. Failure to comply with this clause may result in refusal of carriage, without any further responsibility or liability to you. We will not be liable for any damage, loss or expense caused to you or you Baggage as a result of such security screening, unless caused by our gross negligence or wilful misconduct.
7.8. Collection and Delivery of Baggage
7.8.1. You are required to collect your Checked Baggage as soon as it is made available at your destination, whether final or not. If you fail to collect your Baggage within a reasonable time, Fly Blue Crane will be entitled to store such Baggage, and you will be charged a storage fee in respect thereof. In the event that you fail to collect and/or claim your Checked Baggage within 3 months of the time it is made available to you, Fly Blue Crane reserves the right to dispose thereof without any responsibility or liability to you.
7.8.2. Only the bearer of the Baggage Tag is entitled to delivery of the Checked Baggage.
7.8.3. If any person claiming Checked Baggage is unable to produce the Baggage Tag and he/she identifies the Baggage by any other means, such Baggage will only be delivered to such person if (i) he/she establishes to Fly Blue Crane’s reasonable satisfaction that he/she has a right to the Baggage, and (ii) if required by Fly Blue Crane, he/she furnishes adequate security, to Fly Blue Crane’s reasonable satisfaction, to reimburse it for any loss, damage or expense which may be incurred by it as a result of the delivery of the Checked Baggage to such person.
7.9. Lost or Delayed Bags
7.9.1. In the event that a Passenger’s Baggage becomes lost or delayed, he/she must report same immediately on arrival and discovery thereof. Passengers will be compensated for lost Baggage to a maximum of R140.00 per kilogram of Checked Baggage up to a maximum of R2500.00 per claim, and in no event shall Fly Blue Crane be liable for any loss or damage in excess of such maximum amounts.
7.9.2. Fly Blue Crane will use IATA recommended practice 1751 to determine compensation for lost items of clothing.
7.9.3. Under no circumstances will Fly Blue Crane be liable for or shall it make any payment of any compensation in respect of delayed Baggage, including without limitation for any consequential or indirect losses or damages resulting therefrom.
7.9.4. Notwithstanding anything to the contrary herein contained, any claim for missing items or damaged Baggage must be submitted to Fly Blue Crane by the Passenger within 24 hours of the arrival of your flight, or, in the case of delayed Baggage, within 24 hours of receipt thereof by the Passenger. Fly Blue Crane will have no obligation towards Passengers, arising out of or resulting from a failure to comply with the provisions of this clause 7.9.
7.9.5. Before any claims for lost Baggage will be processed, Fly Blue Crane will be entitled to trace and attempt to recover the Baggage for a period of 14 calendar days from the date of reported loss.
7.10. Animals: Fly Blue Crane does not transport and/or carry any animals, whether domestic or otherwise, due to aircraft limitations. Trained guide dogs may be accepted at our reasonable discretion, provided that they do not occupy a seat on the flight, the Passenger obtains Fly Blue Crane’s approval prior to making a Booking, the Passenger complies with Fly Blue Crane’s policies and reasonable directions in this regard, and subject always to safety regulations.
7.11. Indemnity: The Passenger indemnifies Fly Blue Crane against any damage, loss or claims resulting from or relating to a failure by the Passenger to comply with the terms of this clause 7.
8. Schedules, Delays and Cancellations of Flight
8.1.1. Any flights and/or flight Schedules listed in the Schedule indicators are not binding in any way and are excluded from your agreement with Fly Blue Crane. Such Schedule indicators are not definitive, but is an indication only, and may change between the date of publication and the date of actual travel.
8.1.2. The applicable flight Schedule(s) indicated on your Booking and/or Ticket shall be accurate as at the time of the Booking, and/or issuing of the Ticket. However, these Schedules may be subsequently changed. We will, provided that you have provided us with your contact details, endeavour to inform you of any changes to your flight Schedule. Notwithstanding the foregoing, however, it remains the responsibility of the Passenger to ensure that it is at all times informed of the relevant flight Schedule information.
8.2. Delays and Flight Cancellations
8.2.1. Fly Blue Crane will use commercially reasonable endeavours to avoid delays in flights. Measures which may be required to be taken by Fly Blue Crane in order to prevent a flight cancellation or delay, may include the operation of a flight by an alternative airline, on an alternative aircraft, or by means of any other form of transport.
8.2.2. In the event that Fly Blue Crane is required to cancel a flight as a result of safety and/or security reasons or as a result of Force Majeure, fails to operate a flight reasonably according to the Schedule, or fails to stop at your destination or stopover destination, we shall, at your option, either:
220.127.116.11. carry you at the earliest opportunity on another of our Scheduled flights on which space is available, without additional charge to you and, where necessary, extend the validity of your Ticket;
18.104.22.168. within a reasonable period of time re-route you to the destination shown on your Ticket by such means as we see fit and as advised to you, without additional charge; or
22.214.171.124. refund you in accordance with provisions of clause 9.2.
8.2.3. Upon the occurrence of any of the events set out in clause 8.2.2, the options outlined in clause 126.96.36.199, 188.8.131.52 and 184.108.40.206 are the sole and exclusive remedies available to you for any damage, loss or expense which you may suffer or incur as a result thereof, and we shall have no further liability or responsibility to you whatsoever or howsoever arising.
8.2.4. If we are unable to provide previously confirmed space, we shall provide compensation in accordance with applicable law and our denied boarding compensation policy.
8.2.5. In the event of the occurrence of an event of Force Majeure, and in the interest of the safety of our Passengers, a flight will either be cancelled, returned to the airport of departure, or diverted to another destination. Fly Blue Crane will not be liable for any damage, loss or expense suffered by a Passenger arising from or relating to such delay, diversion or disruption due to these unavoidable and/or uncontrollable incidents.
9.1. General. In the event that Fly Blue Crane refunds a Ticket, and subject always to these Conditions of Carriage, such Ticket and/or any unused portion thereof, as the case may be, will be refunded in accordance with the Fares at which the Booking was made, as follows:
9.1.1. Except as otherwise provided in this clause 9, Fly Blue Crane shall be entitled to make a refund either to the Passenger whose name appears on the Ticket, or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.
9.1.2. If a Ticket has been paid for by a person other than the Passenger whose name appears on the Ticket, and the Ticket indicates that there is a restriction on refunds applicable to such Ticket, we shall make a refund only to the person who paid for the Ticket.
9.1.3. Subject to production of such documents as required by Fly Blue Crane and the exercise of reasonable precautions by us, if a refund is made to anyone holding himself or herself out as a person to whom such refund may be made, such refund shall be deemed a proper refund and shall discharge us from all liability and any further claim for refund from the Passenger or from any third party.
9.2. Involuntary Refunds
9.2.1. Subject to the provisions of clauses 8 and 13, if Fly Blue Crane cancels a flight or fails to stop at the Passenger’s destination, Fly Blue Crane’s liability is limited to the refund amount which shall be:
220.127.116.11. if no portion of the Ticket has been used, an amount equal to the Fare paid inclusive of applicable Taxes collected on behalf of the Passenger; or
18.104.22.168. 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 sector/s flown.
9.2.2. Fly Blue Crane does not accept any further liability whatsoever for delayed flights and/or changes in flight Schedules, howsoever arising, other than the refund(s) indicated in this clause 9.
9.3. Voluntary Refunds
Subject to the provisions of clauses 8 and 13, if you are entitled to a refund of your Ticket for reasons other than those set out in clause 9.2 above, the amount of the refund shall be:
9.3.1. if no portion of the Ticket has been used, an amount equal to the Fare paid, less any reasonable service charges or cancellation fees; or
9.3.2. if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the Fare paid and the applicable Fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
9.4. Right to Refuse Refund
9.4.1. Under no circumstances will a Passenger be entitled to a refund, or any other form of compensation whatsoever, if he/she fails to meet the Check-in Deadline and/or to timeously board the aircraft.
9.4.2. We may refuse a refund where:
22.214.171.124. application is made for such refund after the expiry of the validity of the Ticket;
126.96.36.199. the Ticket in question would enable the Passenger to leave the country and enter another, and the Passenger fails to provide sufficient proof to establish that he/she meets the applicable legislative, regulatory or other requirements imposed by any applicable government in respect of entry into such country; or
188.8.131.52. in any other circumstances after confirmation of a Booking, other than as expressly provided for in this clause 9.
10. Conduct On-Board the Aircraft
10.1. All Passengers must ensure that their behaviour on board any aircraft operated by Fly Blue Crane will not in a way, whether directly or indirectly, inconvenience, threaten or endanger any person, property or the aircraft itself. Passengers must not hinder or prevent the crew from performing their duties and must at all times comply with the crew’s guidance, instructions and recommendations in order to ensure the security and safety of the aircraft, the smooth running of the flight and the comfort of all Passengers.
10.2. For security reasons, Fly Blue Crane may prohibit or limit the use of electronic devices, such as, without limitation, cellular telephones, laptop computers, portable recorders, portable radios, tablets, electronic games or transmitting devices, as well as all radio-controlled games and walkie-talkies, but specifically excluding hearing aids and pacemakers, on board the aircraft.
10.3. All forms of smoking are strictly prohibited on board the aircraft. For the avoidance of doubt, this includes conventional cigarettes, electronic- or other artificial forms of smoking.
10.4. Fly Blue Crane may limit or prohibit the consumption of alcohol on board the aircraft. Under no circumstances will a Passenger be permitted to consume (i) any alcoholic beverages carried onto the aircraft by such Passenger or any other person, or (ii) if applicable, any duty free product bought on board the aircraft.
10.5. Passengers are prohibited from recording videos and/or taking photographs on board the aircraft, other than personal videos and photographs.
10.6. If a Passenger fails to comply with the provisions of this clause 10, Fly Blue Crane will be entitled to take any and all necessary appropriate and reasonable measures and actions, to prevent such behaviour from continuing. To this end, Fly Blue Crane may use restraining measures, disembark the Passenger, refuse onward carriage of the Passenger at any point and/or report the Passenger to the local authorities, without any liability to the Passenger.
10.7. Nothing herein contained shall limit Fly Blue Crane’s right to take legal actions and/or claim damages against a Passenger if such Passenger fails to comply with the provisions of this clause 10 (and with those of clause 6 relating to carriage refusal and limitation) or commits a criminal or reprehensible act on board an aircraft.
10.8. If as a result of Passenger’s behaviour in contravention of these Conditions of Carriage, Fly Blue Crane diverts the aircraft to an unscheduled destination, the Passenger shall be liable for and shall pay Fly Blue Crane the reasonable costs incurred by it, including penalties, expenses, fines, or other claims, and damages suffered by it, as a result of such diversion.
In the event that Fly Blue Crane agrees to provide any ancillary services other than transportation by air, or if it issues a ticket or voucher for any other services, including without limitation, hotel reservations, car hire or ground carriage, it is expressly agreed that it will only do so strictly as an agent in the name of, for and/or on behalf of a third party (unless explicitly agreed otherwise), and shall not be responsible for the performance of such services to the Passenger or liable to the Passenger in anyway in respect of such services, including in respect of any reimbursements. For the avoidance of doubt, the applicable terms and conditions of such third parties will apply to such services in all respects.
12. Administrative Formalities
12.1.1. You are responsible for obtaining all required travel documents and visas and for complying with all applicable laws, regulations, orders, demands and travel requirements of all of the countries that you will fly from, into or through which you will transit.
12.1.2. Under no circumstances will Fly Blue Crane be responsible or liable for the consequences of, including any damages, losses or expenses suffered or incurred by, any Passenger as a result of his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
12.2. Travel Documents
Prior to travel, Passengers must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries from, to and though he/she will be travelling to Fly Blue Crane. The Passenger shall permit Fly Blue Crane to take and retain copies of such documents for the purposes of complying with its obligations under these Conditions or Carriage and all applicable laws, regulations, orders, demands, requirements, rules or instructions. Fly Blue Crane reserves the right to refuse carriage to any Passenger who fails and/or refuses to comply with these obligations, or who is not in possession of the requisite documents, without any responsibility or liability to such Passenger.
12.3. Refusal of Entry
In the event that you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the government concerned and for the cost of transporting you from that country. The Fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
12.4. Passenger Responsible for Fines, Detention Cost, Etc.
If Fly Blue Crane is required to pay any fine or penalty or to incur any expenditure by reason of a Passenger’s failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, including any detention costs, such Passenger shall reimburse Fly Blue Crane on demand, any amount so paid or expenditure so incurred. You consent to Fly Blue Crane, in its discretion, applying towards such payment or expenditure the value of any unused carriage on your Ticket, or any of your funds which may be in our possession for any reason whatsoever.
12.5. Customs Inspection
If required, the Passenger shall attend inspection of their Baggage by customs or other applicable government officials. We are not liable to you for any damage suffered in the course of such inspection or through your failure to comply with this requirement unless caused by our gross negligence or wilful misconduct.
12.6. Security Inspection
Passengers shall submit to any security checks by any applicable governments, airport officials, Fly Blue Crane and its personnel or any other relevant authority. Fly Blue Crane shall not be liable to you for any damage suffered by you in the course of such security checks or through your failure to comply with this requirement unless caused by our gross negligence or wilful misconduct.
13.1. Limitation of liability
13.1.1. To the extent permitted by law, any liability of Fly Blue Crane in respect of damage will be reduced by any negligence, wrongful act or omission on the part of the Passenger which causes or contributes to the damage suffered by him/her.
13.1.2. Fly Blue Crane will be liable only for damage and losses occurring during carriage on flights or portions of flights where our Airline Designator Code appears in the carrier box of the Ticket for that fight or portion of the flight, and then subject always to the terms and conditions of these Conditions of Carriage. If Fly Blue Crane issues a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier and shall not accept any liability of any nature whatsoever in respect of such carriage.
13.1.3. Fly Blue Crane will not be liable for any damage or loss of any nature whatsoever and howsoever arising to Unchecked Baggage unless such damage or loss is caused by our gross negligence or wilful misconduct.
13.1.4. We are not liable for any damage or loss of any nature whatsoever and howsoever arising from or relating to our compliance with applicable laws, or government rules and regulations, or from your failure to comply with the same or with these Conditions of Carriage.
13.1.5. Our liability in the case of damage to Checked Baggage shall be limited to R140.00 per kilogram, subject to a total aggregated limit of R2 500.00 per claim. In the event that the weight of the Baggage is not recorded on your Ticket, Baggage Tag or other records of Fly Blue Crane, the total weight of the Checked Baggage shall be deemed not to exceed the applicable free Baggage Allowance. Claims will be calculated as foresaid based on the actual weight of the lost items only, and Fly Blue Crane will not under any circumstances entertain any claims for the replacement of items at their replacement value.
13.1.6. Fly Blue Crane is not responsible or liable for any illness, injury or disability (including death) attributable to any physical condition of a Passenger or the aggravation of such physical condition.
13.1.7. Fly Blue Crane will not accept any responsibility or liability for any onward travel arrangements or flights booked with any third party service provider.
13.1.8. These Conditions of Carriage, including the limitation of liability set out in this clause 13, shall extend and apply to our Authorised Agents, employees, servants, contractors and representatives to the same extent that they apply to Fly Blue Crane. The total amount recoverable from us and any such party shall in no circumstances exceed the liability of Fly Blue Crane.
13.2. For all carriage on our domestic services within the Republic of South Africa, the limit of our liability to or for each Passenger for death, wounding or other bodily injury shall be the sum of R1,000,000.00 (one million rand) inclusive of legal fees and costs and subject to proof of the quantum of the claim and that the incident was the result of or was caused by negligence on our part, provided that this limit shall not apply to acts or omissions done with intent to cause damage or recklessly and with knowledge that damage should probably result.
14. Time Limitations on Claims and Liability Actions
14.1. Notice of Claims
14.1.1. Acceptance of Baggage by the bearer of the Baggage Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with these Conditions of Carriage, unless the Passenger proves otherwise.
14.1.2. In the event that a Passenger wishes to file a claim or action regarding damage to Checked Baggage, the Passenger must notify Fly Blue Crane immediately upon discovery of the Damage, and at the latest, within 24 hours of receipt of his/her Baggage. If the Passenger wishes to file a claim or an action in respect of delay of Checked Baggage, the Passenger must notify the airline within 7 days from the date the Baggage has been placed at his/her disposal. Every such notification must be made in writing and dispatched immediately after discovery of the damage or delay and at the latest within the applicable time limits.