General conditions of carriage
General conditions of carriage
ARTICLE 1 DEFINITIONS
As you read these conditions, please note that:
“AGREED STOPPING PLACES” means those places, except the place of departure and the place of destination, that are set out in the Ticket or shown in our timetables as scheduled stopping places on your route.
“AIRLINE DESIGNATOR CODE” means the two characters or three letters that identify particular air carriers.
“AUTHORIZED AGENT” means a passenger sales agent who has been appointed by us to represent us in the sale of our air transportation services.
“BAGGAGE” means the personal property that accompanies you in connection with your trip. Unless otherwise specified, or unless the context otherwise requires, it includes both your Checked and Unchecked Baggage.
“BAGGAGE CHECK” means those portions of the Ticket that relate to the carriage of your Checked Baggage.
“BAGGAGE IDENTIFICATION TAG” means a document issued solely for the identification of Checked Baggage.
“CARRIER” means CROATIA AIRLINES d.d. Zagreb, Bani 75b, Buzin, Croatia. Also, “we”, “our”, “ourselves” and “us” means CROATIA AIRLINES d.d.
“CHECKED BAGGAGE” means the Baggage that we have taken custody of and for which we have issued a Baggage Check.
“CONDITIONS OF CONTRACT” means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate these Conditions of Carriage by reference, and notices.
“CONVENTION” means whichever of the following instruments are applicable:
- Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Montreal, 28 May 1999 (hereinafter referred to as the Montreal Convention)
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
- the Warsaw Convention as amended in The Hague on 28 September 1955;
- the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975):
- the Warsaw Convention as amended in The Hague and by Additional Protocol No. 2 of Montreal (1975):
- the Warsaw Convention as amended in The Hague and by Additional Protocol No. 4 of Montreal (1975):
- Guadalajara supplementary Convention (1961) (Guadalajara).
“CONJUNCTION TICKET” means a Ticket issued to you in relation to another Ticket, which together constitute a single contract of carriage.
“COUPON” means both a paper Flight Coupon and an Electronic Coupon.
“DAYS” mean calendar days, including all seven days of the week; providing that, for the purpose of notification, the day on which notice is dispatched shall not be counted; and further providing that for the purposes of determining the duration of the validity of a Ticket, the day on which the Ticket was issued or the flight commenced, shall not be counted.
“ECAA Agreement” means Agreement on European Common Aviation Area – a multilateral agreement between the European Community and its Member States, The Republic of Albania, Bosnia and Herzegovina, The Republic of Bulgaria, The Republic of Croatia, The Former Yugoslav Republic of Macedonia, The Republic of Iceland, The Republic of Montenegro, The Kingdom of Norway, Romania, The Republic of Serbia and The Republic of Kosovo on the establishment of a European Common Aviation Area
“ELECTRONIC COUPON” means an electronic flight coupon or other value document held in our database.
“EXTRAORDINARY CIRCUMSTANCES” includes circumstances that could not have been avoided even if all reasonable measures had been taken. Such circumstances may occur in cases of:
- meteorological conditions incompatible with the operation of the flight concerned (fog, snow, storms, ice formation etc)
- security risks and unexpected flight safety shortcomings (incl. technical aircraft problems, airport related problems such as runway closures and limitations, equipment malfunctioning etc)
- political instability (civil unrest, curfews, war, warlike operations, etc.)
- strikes that affect our operation
- Air Traffic Control problems and/or decisions
“ELECTRONIC TICKET” means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.
“FARE” means sum of tariffs and all other applicable charges including tax.
“FLIGHT COUPON” means that portion of the Ticket that bears the notation “good for passage,” or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
“ITINERARY/RECEIPT” means the document or documents we issue to Passengers traveling on Electronic Tickets that contains the passenger name, flight information and notices.
“OTHER CARRIER” means an air carrier other than us, whose airline designator code appears on your Ticket or on a Conjunction Ticket.
”LAW” means the Law on Obligations and Proprietary Rights in Aviation (Official Gazette 132/1998 and 63/08). “PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket.
“PASSENGER COUPON” or “PASSENGER RECEIPT” means that portion of the Ticket issued by us or on our behalf, which is so marked and which is ultimately retained by you.
“SDR” means a Special Drawing Right as defined by the International Monetary Fund.
“STOPOVER” means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
“TARIFF” means a certain amount of money charged by the Carrier for the transportation of passengers and their baggage on certain lines and class of transportation.
“TICKET” means either the document entitled “Passenger Ticket and Baggage Check” or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.
“UNCHECKED BAGGAGE” means any of your Baggage other than Checked Baggage.
ARTICLE 2 APPLICABILITY
2.1.1. Except as provided in 2.2, 2.4 and 2.5, our Conditions of Carriage apply only on those flights, or flight segments, where our name or airline designator code is indicated in the carrier box of the Ticket for that flight or flight segment, for both commercial and non commercial flights.
2.1.2. When we issue our ticket for a flight with an Airline Designator Code other than ours, only Article 3.1.5 of these Conditions of Carriage shall be applicable in the relationship between the passenger and us.
2.2. CODE SHARES
On some services we have arrangements with other carriers known as “Code Shares”. This means that even if you have a reservation with us and hold a ticket where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply, we shall advise you of the carrier operating the aircraft before you purchase your Ticket. On such flights, the conditions of carriage of that other carrier shall apply.
2.3. CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the charter agreement or the Ticket.
2.4. OVERRIDING LAW
These Conditions of Carriage are applicable unless they are inconsistent with Tariffs or an applicable law, in which case such Tariffs or laws shall prevail. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.5. CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have dealing with particular subjects, these Conditions of Carriage shall prevail.
ARTICLE 3 TICKETS
3.1. REQUIREMENT FOR VALID TICKET
3.1.1. We shall provide carriage only to the Passenger named on the Ticket, and you may be required to produce appropriate identification.
3.1.2. A Ticket is not transferable.
3.1.3. The Ticket is, and remains at all times, the property of the issuing carrier.
3.1.4. Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered by anyone other than by our Authorized Agent or us. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket that has been duly issued in your name.
3.1.5. In case of the loss or mutilation of a Ticket, or part thereof, or the non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon the request of the Passenger, the issuing carrier shall replace the Ticket or part thereof by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and the Passenger signs an undertaking to reimburse us for any costs and losses which are necessarily and reasonably incurred by us or the Other Carrier for the misuse of the Ticket and which do not result from our own negligence or willful misconduct. The passenger should contact us before beginning of the journey. Where such evidence is not available, or the Passenger does not sign an undertaking, the issuing carrier may require the Passenger to pay an amount up to the full Ticket price for a replacement Ticket, subject to refund, if and when the issuing carrier is satisfied that the original Ticket has not been used before its validity has expired. The issuing carrier may levy a reasonable administration charge for this service.
3.2. PERIOD OF VALIDITY
22.214.171.124. In relation to an international carriage, except as otherwise provided in the Ticket, these Conditions, or in applicable Tariffs (which may limit the validity of a ticket, in which case the limitation shall be shown on the Ticket), a Ticket is valid for:
(a) one year from the date of issue; or
(b) subject to the first journey occurring within one year from the date of issue, one year from the date of first journey on the Ticket;
126.96.36.199. In the relation to a domestic carriage, a ticket is valid for one year from the date of issue, regardless of the class of carriage (business or economy), except as otherwise provided in the Ticket, these Conditions, or in applicable Tariffs (which may limit the validity of a ticket, in which case the limitation shall be shown on the Ticket).
3.2.2. If you are prevented from travelling within the period of validity of the Ticket because at the time you requested a reservation we were unable to confirm a reservation, the validity of such Ticket shall be extended, or you may be entitled to a refund in accordance with Article 10.
3.2.3. If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel as confirmed by a medical certificate, or until our first flight after such date, from the point where the journey is resumed and where space is available in the class of service for which the fare has been paid. When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket, the electronic coupon, involve one or more Stopovers, the validity of such a Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we shall similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.
3.2.4. In the event of the death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate.
3.3. COUPON SEQUENCE AND USE
3.3.1. The Ticket shall not be honored and shall lose its validity if all the Coupons are not used in the sequence provided in the Ticket.
3.3.2. The ticket you have purchased is valid for transportation from your point of origin, via agreed stopover and/or transfer points, to the destination as shown on your Ticket. Should you wish to change your journey you must contact us in advance. The fare you have paid is calculated on the basis of the entire journey shown on the ticket. The fare for your new journey shall be recalculated and you shall be given the option of accepting the new price or maintaining your original journey as ticketed. Should you change your journey without our agreement we reserve the right to assess the correct fare for your actual journey and collect any difference from you between the fare you have paid and the applicable fare for your revised journey. We shall refund the difference if your new fare is lower.
3.3.3. Please be aware that many types of changes shall not result in a changed fare but some, such as changing your point of origin or reversing the direction in which you travel, can result in an increase in price. Many special fares are valid only on the dates and flights as shown on the Ticket and may not be changeable at all, or only upon payment of an additional fee.
3.3.4. Each Coupon shall be accepted for carriage in the class of service specified therein on the date and the flight for which space has been reserved. When Coupons are issued without a reservation being specified, a space may be reserved, subject to the conditions of the relevant fare and the availability of space on the flight requested.
3.4. NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code, or otherwise, on the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the “carrier” box in the Ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment in the Itinerary Receipt.
ARTICLE 4 FARES AND CHARGES
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport services between airports and between airports and town terminals.
4.2. APPLICABLE FARES
Applicable fares are those that are in effect on the date of the full payment of the Ticket. Should you change your itinerary or dates of travel, this may affect the fare that is to be paid.
We may increase the fare after you have made a payment in full, in order to take account of an increase in costs, provided that in such cases, you may cancel the Ticket and obtain, at your option, a full refund of the sums paid.
4.3. TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by a government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you shall be advised of all applicable taxes, fees and charges known to us, and most of these shall normally be shown separately on the Ticket. However, as the taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance you may be obliged to pay additional taxes, fees or charges, even after the Ticket has been issued. Similarly, in the event any taxes, fees or charges are abolished or reduced, which you have paid to us at the time of the issuance of the Ticket such that they no longer apply to you, or a lesser amount is due, you shall be entitled to claim a refund.
Fares and charges are payable in those currencies acceptable to us, at exchange rates determined by us at the time of Ticketing.
ARTICLE 5 RESERVATIONS
5.1. RESERVATION REQUIREMENTS
5.1.1. Reservations are not confirmed until they have been registered by us or by one of our Authorized Agents and accepted by us.
5.1.2. Certain tariffs have conditions that limit or exclude your right to change or cancel reservations.
5.2. TICKETING TIME LIMITS
If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by our Authorized Agent or us, we may cancel your reservation.
5.3. PERSONAL DATA
You understand that you have provided us with your personal data for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making such data available to government agencies, in connection with your trip. For these purposes, you authorize us to retain and use such data and to share it in own offices, Authorized Agents, government agencies, other Carriers or the providers of the above-mentioned services.
We shall endeavor to honor advance seating requests, however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding the aircraft. This may be necessary for operational and safety reasons.
5.5. SERVICE CHARGE WHEN SPACE IS NOT OCCUPIED
Except in the case of travel on non-refundable tariffs, you may have to pay a reasonable service charge if you fail to use your reservation.
5.6. RECONFIRMATION OF RESERVATIONS
Onward or return reservations may be subject to the requirement to reconfirm the reservation within specified time limits. We shall advise you when we require reconfirmation, and how and where it should be done. However, you should check the requirements of any other Carriers involved in your journey directly with them.
Where it is required, you should reconfirm the flight in question with the carrier whose code appears on the ticket coupon. Failure to comply with this reconfirmation requirement may result in the cancellation of any onward or return reservations.
5.7. CANCELLATION OF ONWARD RESERVATIONS
If you do not use a reservation, your return or onward reservations may be cancelled.
ARTICLE 6 CHECK-IN/BOARDING
Check-in times are different at every airport and we recommend that you inform yourself about these times and honor them. Your journey shall be smoother if you allow yourself ample time for check-in. Please note that airlines reserve the right to cancel the reservations of those Passengers who arrive at the check-in desk later than the times indicated. Check-in times can be found in our timetable, or may be obtained from our Authorized Agents or us. Unless advised differently, the check-in deadline is 45 minutes prior to the planned departure.
Apart from the check-in at self service counters at the airports, you can check-in online, or by mobile phone, at those airports where such services are available.
You must be present at the boarding gate no later than the time specified by us when you check in.
We may cancel the space reserved for you if you have not checked-in on time, fail to arrive at the boarding gate in time, or appear with improper documentation as set out in Article 13.2.
We shall not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
ARTICLE 7 REFUSAL AND LIMITATION OF CARRIAGE
7.1. RIGHT TO REFUSE CARRIAGE
In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. In this circumstance you shall be entitled to a refund.
We may also refuse to carry you or your Baggage if one or more of the following have occurred, or we reasonably believe may occur:
7.1.1. such action is necessary in order to comply with any applicable government laws, regulations, or orders;
7.1.2. the carriage of you or your Baggage may endanger or affect the safety, health, or the comfort of other passengers or crew;
7.1.3. your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;
7.1.4. you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
7.1.5. you have refused to submit to a security check;
7.1.6. you have not paid the applicable fare;
7.1.7. you do not appear to have valid travel documents, you may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, you destroy your documentation during flight or refuse to surrender your travel documents to the flight crew;
7.1.8. you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorized Agent, or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the Ticket;
7.1.9. you have not used the coupons in sequence, or you present a Ticket that has been issued or altered in any way, other than by us or our Authorized Agent, or the Ticket is mutilated;
7.1.10. you fail to observe our instructions with respect to safety or security;
7.1.11. you have previously committed one of the acts or omissions referred to above.
7.2. SPECIAL ASSISTANCE
Acceptance for the carriage of unaccompanied minors, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities, who have advised us of the disability and any special requirements they may have at the time of ticketing, and have been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
The carriage of minors without the escort of their parents or legal guardians is sometimes subject to a special request according to the laws or rules of the country of departure/arrival. It is solely the responsibility of parents or legal guardians to provide all requested documents for their children’s travel.
ARTICLE 8 BAGGAGE
8.1. FREE BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from our Authorized Agents or us and are published in our Time Table.
8.2. EXCESS BAGGAGE
You shall be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request.
8.3. ITEMS UNACCEPTABLE AS BAGGAGE
8.3.1. You must not include in your Baggage:
188.8.131.52. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organization (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);
184.108.40.206. items, the carriage of which, is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
220.127.116.11. 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 in connection with, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.
8.3.2. Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. The carriage of ammunition is subject to ICAO and IATA regulations as specified in 18.104.22.168.
8.3.3. Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but shall not be permitted in the cabin of the aircraft.
8.3.4. You must not include in Checked Baggage: money, jewelry, precious metals, sunglasses, spectacles, musical instruments, computers, electronic devices (such as but not limited to computers, mobile phones, I-phones, I-pods, camera, video camera, portables, etc...), optical or photographic appliances, telecommunications equipment or appliances, negotiable papers, securities or other valuables, business documents, working tools which are or can be considered as valuable, passports and other identification documents, keys, samples, antiques, other valuable unique items, books or medicaments for personal use during the flight.
8.3.5. If, despite being prohibited, any items referred to in 8.3.1, 8.3.2 and 8.3.4 are included in your Baggage, we shall not be responsible for any loss or damage to such items.
8.4. RIGHT TO REFUSE CARRIAGE
8.4.1. We shall refuse to carry the items described in 8.3 as Baggage, and upon discovery we may refuse further carriage of any such items.
8.4.2. We may refuse to carry any item as Baggage that is reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character or for safety or operational reasons, or for the comfort of other passengers. Information about unacceptable items is available upon request.
8.4.3. We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
8.5. RIGHT OF SEARCH
For reasons of safety and security we may request that you permit a search, x-ray or other type of scan to be made of your person and Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of, or whether your Baggage contains, any item described in 8.3.1, or any firearms, ammunition or weapons which have not been presented to us in accordance with 8.3.2. or 8.3.3. If you are unwilling to comply with such a request we may refuse to carry you and your Baggage. In the event that an x-ray or other scan causes damage to you or your Baggage, we shall not be liable for such damage unless it is the result of our willful misconduct or negligence.
8.6. CHECKED BAGGAGE
8.6.1. Upon delivering us your Baggage that you wish to check in, we shall take custody of, it and issue a Baggage Identification Tag for each piece of your Checked Baggage.
8.6.2. Checked Baggage must have your name or other personal identification affixed to it.
8.6.3. Checked Baggage shall, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we shall deliver it to you where possible, unless an applicable law requires you to be present for customs clearance.
8.7. EXCESS VALUE DECLARATION AND CHARGE
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Information about these conditions and supplementary fee are available from us upon request.
8.8. UNCHECKED BAGGAGE
8.8.1. We may specify the maximum dimensions for Baggage that you can carry on to the aircraft. If we have not done so, the Baggage that you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.
8.8.2. Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.8.1 above, shall only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
8.9. COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.9.1. You are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.
8.9.2. Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to the delivery of the Checked Baggage.
8.9.3. If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we shall deliver the Baggage to such persons only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
We can only carry your dogs and cats, and they shall be carried subject to the following conditions:
8.10.1. You must ensure that dogs and cats are properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit. If you fail to ensure this, they shall not be accepted for carriage. Such carriage may be subject to additional conditions specified by us, which are available on request.
8.10.2. If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you shall be obliged to pay the applicable rate.
8.10.3. Guide dogs accompanying Passengers with disabilities or dog trainers shall be carried free of charge in addition to the normal free baggage allowance, subject to conditions specified by us, which are available on request.
8.10.4. We are not responsible and we shall have no liability for injury to or the loss, sickness or death of an animal, or in the case that an animal shall not be allowed to enter or transit any state or territory.
ARTICLE 9 SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS, DENIED BOARDING
9.1.1. We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. We may have to change the time of flights, often for reasons beyond our control and consequently, times shown in timetables cannot be guaranteed. If you provide us with contact information, we shall endeavor to notify you of any such changes. If, after you purchase your ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, you shall be entitled to cancel your reservation and claim ticket refund.
9.2. DELAYS, DENIED BOARDING, CANCELLATION
9.2.1. If your flight is cancelled or is subject to a long delay, or if you are denied boarding, you are entitled to certain rights in accordance with the applicable law.
9.2.2 Applicability Croatia Airlines’ provisions are as follows:
The rules stipulated in the following paragraphs 9.2.3, 9.2.4 and 9.2.5 shall apply:
a) in respect of flights departing from an airport in the EU, or the state signatory of the ECAA Agreement and flights departing from an airport in a third country to an airport in the EU, or in the state signatory of the ECAA Agreement; unless passengers received benefits or compensation and were given assistance in that third country;
b) on condition that the passenger has a confirmed reservation on the flight concerned and presents themselves for check-in as stipulated, or if no time is indicated, no later than 45 minutes before the published departure time;
c) only to passengers traveling at a fare available directly or indirectly to the public, or on tickets issued under a frequent flyer program, or other commercial programs;
d) where Croatia Airlines is the operating carrier of the flight.
The rules stipulated in paragraphs 9.2.3, 9.2.4 and 9.2.5 shall not apply to passengers traveling on free or reduced fares that are not directly or indirectly available to the public.
A delay occurs when a flight is delayed beyond its scheduled departure time:
- 4 hours for flights of more than 3500 km
- 3 hours for flights between 1500 km and 3500 km as well as intra EU flights of more than 1500 km
- 2 hours for the flights of up to 1500 km
When your flight is expected to have a long delay, passengers are entitled to receive care while waiting, which includes:
- free meals and refreshments in a reasonable relation to the waiting time
- hotel accommodation if necessary
- two short telephone calls, fax or e-mail messages,
- when the delay is at least 5 hours and a passenger decides not to travel on the delayed flight, reimbursement of the cost of the ticket within seven days, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity.
9.2.4 Denied boarding
If in case of overbooking you are denied boarding on our aircraft, you are entitled to:
- care and refund for the unused part of the ticket,
- re-routing under comparable conditions to your final destination at the earliest opportunity
- subject to the availability of seats, you may instead choose re-routing to your final destination at a later date of your convenience
- in the case of involuntary denied boarding you are also entitled to a compensation.
The amount of compensation depends on the distance of the scheduled flight, or the alternative flight proposed to you. Compensation amounts are:
a) EUR 250 for flights up to 1500 km
b) EUR 400 for flights between 1500 km and 3500 km and
c) EUR 600 for all other flights not laid down under a) and b)
If you are offered an alternative flight and the scheduled arrival time does not exceed:
a) 2 hours for flights up to 1 500 km
b) 3 hours for flights between 1 500 km and 3 500 km as well as intra EU flights of more than 1500 km
c) 4 hours in respect of all other flights.
The above mentioned compensation amounts shall be reduced by 50% (i.e. EUR 125, EUR 200 and EUR 300).
If your flight, for which you hold a valid reservation, is cancelled, you are entitled to re-routing, care, refund and compensation as laid out in the case of denied boarding. There is no right to compensation when the passenger has been informed of the cancellation:
- at least two weeks before the schedule time of departure, or
- between two weeks and seven days before the schedule time of departure and the alternative flight departs no more than 2 hours before the originally scheduled time of departure and reaches the final destination less than 4 hours after the scheduled time of arrival, or
- less than seven days before the scheduled time of departure and the alternative flight departs no more than 1 hour before the originally scheduled time of departure and reaches its final destination less than 2 hours after the scheduled time of arrival.
We shall not be liable and you are not entitled to receive compensation if cancellation is attributed to extraordinary circumstances.
Your claim for compensation should be submitted within 15 days from the day when you have been denied boarding on our aircraft or from the day when your flight has been cancelled.
The compensation shall be paid for in cash or, by electronic bank transfer, or if it is acceptable to you, in vouchers (Miscellaneous Charges Order). If the compensation is paid for in vouchers (MCO), the amount of the applicable compensation shall be increased by 25 %.
Payment shall be made in local currency.
SUBSTITUTION OF CARRIER/AIRCRAFT
We reserve the right to substitute an alternative carrier and/or aircraft.
ARTICLE 10 REFUNDS
We shall refund a Ticket or any unused portion, in accordance with this Condition of carriage and the applicable fare rules or Tariff, as follows:
10.1.1. Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket or, to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.
10.1.2. If a Ticket has been paid for by a person other than the passenger named in the Ticket, and the Ticket indicates that there is a restriction on the refund, we shall make a refund only to the person who paid for the Ticket, or in accordance with that person’s orders.
10.1.3. Except in the case of a lost Ticket, refunds shall only be made when the Ticket and all unused Flight Coupons have been surrendered to us.
10.1.4. Some tickets are sold at discounted or special fares, which may be non-refundable.
10.2. INVOLUNTARY REFUNDS
10.2.1. If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:
10.2.1.1. if no portion of the Ticket has been used, an amount equal to the fare paid;
10.2.1.2. if a portion of the Ticket has been used, the refund shall be no less than the difference between the fare paid and the fare for the transportation used.
10.3. VOLUNTARY REFUNDS
10.3.1. If you are entitled to a refund of your Ticket for reasons other than those set out in 10.2., 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 refund shall 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.
10.4. REFUND ON LOST TICKET
10.4.1. If a Ticket or portion thereof is lost, upon giving us satisfactory proof of the loss, and the payment of a reasonable administration charge, a refund shall be made as soon as practicable after the expiry of the validity period of the Ticket, on the condition:
10.4.1.1. that the lost Ticket, or portion thereof, has not been used, previously refunded or replaced, except where the use, refund or replacement by or to a third party resulted from our own gross negligence or willful misconduct;
10.4.1.2. that the person to whom the refund is made undertakes, in such a form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion thereof is used by a third party, except where any fraud or use by a third party resulted from our own gross negligence or willful misconduct.
10.5. RIGHT TO REFUSE REFUND
10.5.1. We may refuse a refund when an application is made after the expiry of the validity of the Ticket.
10.5.2. We may refuse a refund on a Ticket which has been presented to us, or to Government officials as evidence of an intention to depart from that country, unless you can establish to our satisfaction that you have permission to remain in the country or that you shall depart from that country by another carrier or another means of transport.
We reserve the right to make a refund in the same manner and the same currency that was used to pay for the Ticket.
10.7. BY WHOM THE TICKET IS REFUNDABLE
Voluntary refunds shall be made only by the carrier that originally issued the Ticket, or by its agent, if so authorized.
ARTICLE 11 CONDUCT ABOARD AIRCRAFT
If, in our opinion, your conduct on board the aircraft endangers the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or you fail to comply with any instructions given by 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 necessary to prevent the continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft. We may also require compensation from you for the damages you have caused.
11.2. ELECTRONIC DEVICES
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, laser equipped devices, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. The use of hearing aids and heart pacemakers is permitted.
ARTICLE 12 ARRANGEMENTS FOR ADDITIONAL SERVICES
If we agree to make arrangements for any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to the transportation or services (other than carriage by air, such as hotel reservations, car rentals, etc.) provided by a third party, in doing so we act only as an agent for such a third party, whose terms and conditions shall apply.
If we are also providing surface transportation to you, these Conditions of Carriage shall not be applicable.
ARTICLE 13 ADMINISTRATIVE FORMALITIES
13.1.1. You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of the countries to be flown from, into or through which you transit.
13.1.2. We shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2. TRAVEL DOCUMENTS
Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and 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 do not appear to be in order.
13.3. REFUSAL OF ENTRY
If you are denied entry into any country, you shall 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. We shall not refund the fare collected for carriage to the point of refusal or denied entry.
13.4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with the laws, regulations, orders, demands or other travel requirements of the countries concerned, or your failure to produce the required documents, you shall reimburse us, on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.
13.5. CUSTOMS INSPECTION
If required, you shall attend the inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
13.6. SECURITY INSPECTION
You shall submit to any security checks by Governments, airport officials, Carriers or by us.
ARTICLE 14 SUCCESSIVE CARRIERS
The carriage to be performed by us and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation for the purposes of the Convention. However, your attention is drawn to Article 15.6.1
ARTICLE 15 LIABILITY FOR DAMAGE
The liability of Croatia Airlines and each carrier involved in your journey shall be determined by its own Conditions of Carriage.
Croatia Airlines’ liability provisions are as follows:
15.1.1. Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.
15.1.2. Except when otherwise provided hereof, concerning the carriage which is not governed by the Convention as international carriage, our liability is subject to the Law.
15.1.3 This Article 15 summarizes the liability rules under the Montreal Convention and Law, but if it is inconsistent with the Convention, or Law, or other applicable laws, the Convention, or Law, or other applicable laws shall override this Article 15.
15.2 COMPENSATION IN CASE OF DEATH OR BODILY INJURY
15.2.1 The Carrier is liable only for damage sustained in case of death or bodily injury of the passenger upon the condition that the accident which caused the death or injury took place on board of the aircraft or in the course of any operations of embarking or disembarking.
15.2.2 For damages in cases of death or bodily injury which does not exceed 113.100 SDR, we shall not avail ourselves of any defense. Nevertheless, in cases where it is proved that such damages are caused or contributed to by the negligence or other wrongful act or omission of the injured person or person claiming compensation, the Carrier shall be wholly or partly exonerated from its liability to the claimant.
15.2.3 For damages that exceed 113.100 SDR the Carrier can defend itself against the claim by proving that it was not negligent or otherwise at fault, or that such damage was solely due to the negligence or other wrongful act or omission of a third party.
15.3 ADVANCE PAYMENTS
15.3.1 For damages in cases of the death of a passenger, the Carrier shall make advance payments of up to 16,000 SDR per passenger, to the person entitled to compensation within 15 days from the day of identification of the person entitled to the compensation, in cases where such payments are required to meet immediate economic needs. Such payment, under no circumstances, shall constitute our recognition of liability, and the amount paid shall be included in the final amount to the person entitled to the compensation. This advance payment is not refundable to us except when proven that the person who has received the payment or deceased or injured passenger is partly or fully responsible for the occurred damage, or the payment was received by a person who is not entitled to such compensation.
15.4 PASSENGER AND BAGGAGE DELAYS
15.4.1 In cases of damage caused by delay in the carriage of persons, we are liable for the damage unless we took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4.694 SDR per passenger.
15.4.2 In cases of damage caused by delay in the carriage of baggage, we are liable for the damage unless we took all reasonable measures to avoid damage or it was impossible to take such measures. The liability is limited to 1.131 SDR per passenger.
15.5 DESTRUCTION, LOSS OR DAMAGE TO BAGGAGE
15.5.1 We shall not be liable for Damage caused by destruction, loss or damage to Unchecked Baggage unless the damage resulted from our fault or that of our servants or agents. Any liability we have for Damage shall be reduced by any negligence on your part that causes or contributes to the Damage in accordance with applicable law
15.5.2. Except in the case where damage is caused with intent to cause Damage or a reckless act, our liability in the case of Damage to Baggage shall be limited to 1.131 SDR per passenger. If the weight of the Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned.
15.6.1. We shall be only liable for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last Carrier, or the Carrier on which segment the damage has occurred. Carriers involved are jointly and severally liable.
15.6.2 If we issue a Ticket where our name is indicated in the carrier box of the Ticket for that flight or flight segment, but you were actually carried by another carrier on our behalf, we are considered the contractual Carrier and we shall be jointly and severally liable with the actual carrier.
15.6.3 If we issue a Ticket with the airline designator code of another carrier, or if we check Baggage for carriage on another carrier, we do so only as an agent for the other carrier.
15.6.4 If our liability is established, we are liable to you only for compensatory damages which you are entitled to recover for proven losses and costs under the Convention, or Law. We shall not be liable for any loss of profits, any indirect or consequential damage, or any damage when you are traveling in the course of, or for the purpose of, business.
15.6.5 We are not liable for Damage to the passenger’s baggage, or for injury to another passenger, caused by you or by property contained in your baggage. Any passenger, whose property causes Damage to another passenger or his property, shall indemnify us for all losses and expenses incurred by us as a result thereof.
15.6.6 We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage according to Article 8.3, including fragile or perishable items, items having a special value, such as money, jewelry, precious metals, sunglasses, spectacles, musical instruments, working tools, computers, personal electronic devices, optical or photographic appliances, telecommunications equipment or appliances, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, keys, or samples.
15.6.7 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such a condition.
15.6.8. We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.
15.6.9 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorized Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorized Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
15.6.10 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention, Law, or applicable laws unless otherwise expressly stated.
ARTICLE 16 TIME LIMITATION ON CLAIMS AND ACTIONS
16.1. NOTICE OF CLAIMS
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) Days from the date the Baggage has been placed at your disposal. All such notifications must be made in writing.
The carrier is not liable for any compensation in case of a delay in the carriage of passengers if the claim in writing has not been submitted to a Carrier within 15 days from the day of the date of aircraft arrival at the destination.
16.2. LIMITATION OF ACTIONS
Any right to Damages shall be extinguished if an action is not been brought within two years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
ARTICLE 17 MODIFICATION AND WAIVER
None of our Authorized Agents, servants, employees or representatives have the authority to alter, modify or waive any provision of these Conditions of Carriage.
ARTICLE 18 OTHER CONDITIONS
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions, which vary from time to time, are important. They concern, among other things:
(i) the carriage of unaccompanied minors, pregnant women, and sick passengers;
(ii) restrictions on the use of electronic devices and items; and
(iii) the on-board consumption of alcoholic beverages;
(iv) visa requirements.
Regulations and conditions concerning these matters are available from us upon request and are available at Croatia Airlines offices.
ARTICLE 19 TEXT AUTHENTICITY
The Croatian text of the Conditions of Carriage is authentic. If there are differences between the English and Croatian text of the Conditions of Carriage, the Croatian text shall prevail.