Algemene vervoersvoorwaarden
ACT means the Act on Obligations and Proprietary Rights in Aviation (official gazette of the Republic of Croatia Narodne novine no. 132/98, 63/08, 134/09 and 94/13).
ADDITIONAL SERVICES are services that the CARRIER offers to passengers for use during the flight, and which contribute to a more pleasant journey.
AGREED STOPPING PLACES means those places, except the place of departure and the place of destination, set out in the ticket or shown in the CARRIER`s timetable as scheduled stopping places on the passenger`s 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 the CARRIER to represent it in selling its air transportation services.
BAGGAGE means the passenger`s personal property accompanying them on their flight. Unless otherwise specified, this includes both your checked and unchecked baggage.
BAGGAGE CHECK means those parts of the ticket which relate to carrying the passenger`s checked baggage.
BAGGAGE IDENTIFICATION TAG means a document issued by the CARRIER solely for purpose of identifying checked baggage.
CARRIER means CROATIA AIRLINES d.d. Zagreb, Bani 75b, Buzin, Croatia.
CHARGE FOR ADDITIONAL SERVICES means a charge for additional services offered by the CARRIER on the flight such as the reservation of the desired seat, additional baggage, upgrade to business class, etc.
CHECKED BAGGAGE means the baggage the CARRIER has taken into its direct custody and for which the CARRIER has issued a baggage check.
CONDITIONS OF CONTRACT mean the statements contained in the passenger’s ticket or itinerary/receipt, or delivered with it, or presented during the purchase of the ticket online, or communicated by telephone, and marked as such and referring to these conditions of carriage.
CONJUNCTION TICKET means a ticket issued to a passenger in relation to another ticket, which together constitute a single contract of carriage.
CONVENTION means any of the following documents applicable to the contract of carriage:
- Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Montreal, 28 May 1999 (Montreal Convention)
- Convention for the Equalization of Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 (Warsaw Convention)
- Hague Protocol amending the Warsaw Convention of 28 September 1955
- Additional Protocol amending the Warsaw Convention no. 1, Montreal, 1975.
- Additional Protocol amending the Warsaw Convention no. 2, Montreal, 1975.
- Additional Protocol amending the Warsaw Convention no. 4, Montreal, 1975.
- Guadalajara Supplementary Convention; Guadalajara, 1961
COUPON means a paper flight coupon or an electronic coupon.
DAYS means calendar days, including all seven days of the week, provided that, for the purposes of notification, the day of sending the notice will not be included and that, for the purpose of determining the ticket validity, the day of issuing the ticket or starting the flight will not be included.
ECAA AGREEMENT means the Agreement on the 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 the European Common Aviation Area.
ELECTRONIC COUPON means an electronic flight coupon or other value document held in the CARRIER’s database.
ELECTRONIC TICKET means the itinerary/receipt issued by the CARRIER or an authorised agent on its behalf, the electronic coupon and, if applicable, the boarding document.
EXTRAORDINARY CIRCUMSTANCES means extraordinary and unforeseeable circumstances which could not have been prevented, eliminated, or avoided even if all reasonable measures had been taken. Such circumstances are:
- Meteorological conditions interfering with the flight operation (fog, snow, storm, ice, etc.)
- Safety risks and extraordinary problems that may affect flight safety (including technical aircraft problems or similar problems at the airport, such as runway closures/use restrictions, etc.)
- Political instability (war, attack, civil unrest, conflicts, curfew, etc.)
- Strike that has an impact on air carriage
- Decisions of the Air Traffic Control.
FARE means the sum of tariffs and all other tariffs, charges, and taxes, and charges for additional services.
FLIGHT COUPON means the part of the ticket containing the wording “good for passage” or, in the case of an electronic ticket, an electronic coupon, indicating the particular places between which the passenger is entitled to be carried.
HAND BAGGAGE means any passenger’s baggage other than checked baggage.
ITINERARY/RECEIPT means the document or documents issued by the CARRIER to passengers traveling on electronic tickets, containing the passenger’s name, flight information, and other notices.
OTHER CARRIER means a carrier other than CROATIA AIRLINES whose carrier identification code appears on the passenger ticket or linked ticket.
PASSENGER means any person, except members of the crew, who is carried or to be carried in an aircraft based on a ticket.
PASSENGER COUPON or PASSENGER RECEIPT means the part of the ticket issued by the CARRIER or an authorised agent on its behalf, which is so marked and ultimately retained by the passenger.
SDR means special drawing rights as defined by the International Monetary Fund.
STOPOVER means a regular stop on the passenger’s journey at a point between the place of departure and the place of destination.
TARIFF means the amount charged by the carrier for the transportation of passengers and baggage on certain class of transportation under certain conditions on a certain line.
TICKET means the document titled “Passenger ticket and baggage check” or the electronic ticket issued by the CARRIER or on its behalf, including the Conditions of Contract, notices and coupons.
UPGRADE means service improvement
2.1. GENERAL
2.1.1 Unless items 2.2, 2.4, and 2.5 stipulate otherwise, these Conditions of Carriage shall apply only on those flights or flight segments where the CARRIER’s airline designator code is indicated in the carrier box on the ticket for that flight or flight segment, regardless of whether the flight is commercial or non-commercial.
2.1.2 If the CARRIER issues its ticket for a flight with an airline designator code of another carrier, only item 3.1.5 of these Conditions of Carriage shall be applicable in the relationship between the CARRIER and passenger.
2.2. CODE SHARES FLIGHTS
For some flights the CARRIER may have arrangements with other carriers, known as code shares. This means that even if the passenger has a reservation for the CARRIER’s flight and has a ticket indicating the CARRIER’s name or airline designator code, another carrier may operate the aircraft. If such arrangements apply, the CARRIER shall inform the passenger before they purchase a ticket. On such flights, the provisions of the General Conditions of Carriage of the actual carrier (operating carrier) shall apply.
2.3. CHARTER FLIGHTS
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage shall apply only if they are referenced as a part by a provision in that agreement or in the charter ticket.
2.4. OVERRIDING LAW
These Conditions of Carriage shall apply only if they do not conflict with the applicable tariffs or if they do not conflict with the applicable law. If any provision of these Conditions of Carriage is invalid under any applicable law, this will not affect the validity of other provisions of these Conditions of Carriage.
2.5. CONDITIONS PREVAIL OVER REGULATIONS
Unless otherwise provided in these Conditions of Carriage, in the event of a difference between these Conditions of Carriage and any other CARRIER’S regulations dealing with particular subjects, these Conditions shall prevail over the regulations in the part that differs.
3.1. REQUIREMENT FOR VALID TICKET
3.1.1 The CARRIER shall provide carriage only to the passenger named on the ticket, and the passenger may be required to produce appropriate identification.
3.1.2 The ticket is not transferable.
3.1.3 The ticket is and remains at all times the property of the issuing carrier.
3.1.4 The CARRIER usually issues the ticket in electronic form. Unless the passenger provides positive identification and unless the ticket is issued in the passenger’s name, the passengers shall not be entitled to the flight.
3.1.5 If the ticket is issued in physical form, a person who does not show a valid ticket containing the flight coupon which refers to that particular flight, all other unused flight coupons, and the passenger coupon shall not be entitled to the flight. Furthermore, the passenger shall not be entitled to the flight if the presented ticket has been multiplied or if it has been changed by anyone other than the CARRIER or its authorised agent.
3.1.6 In case of a loss or mutilation of a ticket or part thereof, or the non-presentation of a ticket containing the passenger coupon for the flight in question and all unused flight coupons, provided that the ticket has been issued by the CARRIER or the ticket has been issued in its name at the request of the passenger, the CARRIER shall replace such a ticket or part thereof. It will issue a new ticket to the passenger provided that it is presented with readily ascertainable evidence that the ticket for the flight in question had been duly issued and if the passenger contacts the CARRIER in a timely manner and signs the consent to indemnify the CARRIER for the costs or losses incurred by the CARRIER or any other carrier in connection therewith and not arising out of the CARRIER’s intent or gross negligence. Where such evidence is not available or the passenger does not sign the said consent, the CARRIER, provided that the ticket has been issued by the CARRIER or that the ticket has been issued on its behalf, may require the passenger to pay up to the full price of the ticket, while the passenger shall be reimbursed for this amount, but only if and when the CARRIER is satisfied that the original ticket has not been used before its validity has expired. A new ticket shall be issued for the same route and with the same reservations for which the lost or mutilated ticket was issued. The CARRIER may charge a reasonable fee for this service.
3.2. PERIOD OF VALIDITY
3.2.1.1 In relation to an international carriage, except as otherwise provided on the ticket, in 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 one year from the date of issue or, subject to the first journey occurring within one year from the date of issue, one year from the date of the first journey on the Ticket.
3.2.1.2 In the relation to a domestic carriage, a ticket is valid for one year from the date of issue, regardless of whether the ticket has been issued pursuant to the business or economic class tariff, except as otherwise provided on the ticket, in these Conditions, or in applicable tariffs.
3.2.2 If the passenger is prevented from travelling within the period of validity of the ticket because at the time of his request the CARRIER could not confirm the reservation, the validity of such ticket shall be extended, or the passenger may be entitled to a refund in accordance with Article 10 of these Conditions of Carriage.
3.2.3 If after having commenced their journey, the passenger is prevented from travelling within the period of validity of the ticket due to illness, the CARRIER may extend the period of validity of such ticket until the date when the passenger becomes fit to travel as confirmed by a medical certificate, or until the CARRIER’s first flight after such date, from the point where the passenger’s journey should be 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 electronic coupons in the case of an electronic ticket 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 the submitted medical certificate. In such circumstances, the CARRIER shall similarly extend the period of validity of the tickets of other members of the passenger’s immediate family accompanying the passenger.
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 of an immediate family member of a passenger who has commenced travel, the validity of the passenger’s tickets and those of their immediate family members who are accompanying the passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate.
3.3. FLIGHT COUPON SEQUENCE AND THEIR USE
3.3.1 The ticket shall not be accepted and shall lose its validity if all coupons are not used in the sequence provided in the ticket.
3.3.2 The ticket the passenger has purchased is valid for transportation from the place of departure, via the agreed stopover or transfer places, to the place of destination as shown on the ticket. The fare the passenger has paid is calculated on the basis of the entire journey shown on the ticket. Should the passenger wish to change their journey, they should contact the CARRIER in advance. The fare for the new journey shall be recalculated and the passenger shall be given the option of accepting the new price or maintaining the original journey. If the passenger changes the journey without a previous agreement with the CARRIER, the CARRIER shall reserve the right to apply the correct fare for the passenger’s actual journey and charge the passenger for any difference between the fare the passenger has paid and the fare applicable for the revised journey. The CARRIER shall refund the difference if the passenger’s new fare is lower.
3.3.3 The passenger is aware that some changes in the journey route will not result in a change in fare, and others, such as, for example, changing the place of departure or changing the direction of travel, may 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. They may only be changed with the prior payment of an additional charge.
3.3.4 Each coupon shall be accepted for flight in the class of service specified therein and for the date and flight for which the seat has been reserved. When coupons are issued without a reservation being specified, a seat on the flight may be reserved in accordance with the conditions of the applicable fare and provided that there is a free seat on the flight for which the passenger is checking in.
3.4. NAME AND ADDRESS OF CARRIER
The CARRIER’s name on the ticket may be abbreviated to the airline designator code or otherwise. The CARRIER’s address shall be deemed to be the airport of departure shown opposite the first abbreviation of the CARRIER’s name in the “carrier” box in the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt.
4.1. GENERAL
Fares apply only for carriage from the airport at the place of departure to the airport at the place 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 the passenger change their itinerary or dates of travel, this may affect the fare that is to be paid. The CARRIER may increase the fare after the passenger has made a payment in full to take account of an increase in costs, provided that in such cases, the passenger may cancel the ticket and request a full refund of the sums paid.
4.3. TAXES, FEES AND CHARGES
Applicable tariffs, taxes, charges, and any other additional payments imposed by any government authority, or by the operator of an airport, shall be payable by the passenger. When purchasing a ticket, the passenger shall be advised of all applicable tariffs, taxes, charges, and additional payments known to the CARRIER, and most of these shall normally be shown separately on the ticket. However, as the tariffs, charges, taxes, or other additional payments in air travel frequently change and can be imposed after the date of the ticket issuance, the passenger may be obligated to pay additional tariffs, taxes, charges, or additional payments even after the ticket has been issued. Accordingly, in the event any tariffs, taxes, charges, or additional payments paid by the passenger at the time of the issuance of the ticket are abolished or reduced, the passenger shall be entitled to claim a refund.
4.4. CHARGES FOR ADDITIONAL SERVICES
Charges for additional services offered by the CARRIER on the flight shall be paid by the passenger themself, and the passenger shall receive a receipt thereof in electronic form. A change or refund for these services depends on the terms of the tariff to which the service is linked. In the event of changes due to irregularities in traffic or changes in the flight schedule (cancelled flight, change of flight or route), the passenger shall be entitled to a change free of charge or a refund.
4.5. CURRENCY
Fares and other charges are payable in those currencies acceptable to the CARRIER, at exchange rates determined by the CARRIER at the time of Ticketing.
5.1. RESERVATION REQUIREMENTS
5.1.1 Reservations are not confirmed until they have been registered by the CARRIER or its authorised agent and accepted by the CARRIER.
5.1.2 Certain tariffs have conditions that limit or exclude your right to change or cancel reservations.
5.2. TICKETING TIME LIMITS
If the passenger has not paid for the ticket prior to the specified ticketing time limit, the CARRIER may cancel the reservation.
5.3. PERSONAL DATA
The Passenger agrees that personal data provided to the CARRIER are provided for the purposes of making a reservation, purchasing a ticket, obtaining ancillary services, providing services, meeting immigration and entry regulations, and making such data public available to government authorities in connection with the passenger’s journey. For these purposes, the passenger authorises the CARRIER to retain and use such data and to share it in its offices, authorised agents, government authorities, other carriers, or those who provide these services. In accordance with the Regulation (EU) no. 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC, the CARRIER shall offer the passenger the opportunity to leave the name and address of the person to be contacted in the event of an accident or incident on Croatia Airlines flights. The CARRIER warrants that these data will not be used for any purpose other than the above.
5.4. SEATING
The CARRIER offers the option of seat reservation free of charge during the flight check-in process. The CARRIER shall endeavour to comply with the prior requirements of the passenger for a particular seat on the aircraft, but the CARRIER does not guarantee any particular seat. The CARRIER reserves the right to assign seats on the aircraft at any time, even after the passengers board the aircraft. This may be necessary for safety, regulatory, and operational reasons.
5.5. SEATING FOR A CHARGE
As part of the offer of additional services on the flight, the CARRIER offers the possibility of reservation of the desired seat for a charge for additional services. Seat reservations are charged up to 48 hours before the flight. For safety reasons, passengers who choose a seat in the emergency exit row must meet certain requirements. It is essential that they understand and speak English and/or Croatian and that they are able and willing to open the door in case of need. In the case of a flight operated by another company on behalf of the CARRIER, the passenger must speak/understand English. If the passenger does not meet the above requirements, the CARRIER has the right to deny them the reserved seat due to safety, regulatory, and operational reasons. If the passenger is changing the date of travel, they shall be assigned a new seat with the same or similar characteristics, depending on the availability. If the passenger wants a change that requires a change of carrier (including code-share flights), the seat cannot be secured. If there is a change in the class of transport from economic to business, the passenger shall be entitled to a refund for the paid seat. If the passenger cancels the trip, a refund for the paid seat reservation is only possible if the ticket is issued in a tariff class that allows a refund. In the event of changes due to irregularities in traffic or changes in the flight schedule (cancelled flight, change of flight or route), the passenger shall be entitled to a change free of charge or a refund. Refunds are not possible in case of cancellation of the journey.
5.6. SERVICE CHARGE WHEN SPACE IS NOT OCCUPIED
Except in the case of travel on non-refundable tariffs, a reasonable service charge may be charged if the passenger fails to use their reservation.
5.7. UPGRADE TO BUSINESS CLASS
Within the offer of additional services on flight, the CARRIER offers the possibility of purchased ticket upgrade to business class with the payment of a charge for additional services for certain tariffs (e.g. FlyFlexi or FlyOpti). An upgrade can be requested and paid no earlier than 5 days and no later than 24 hours before the flight. An upgrade is possible only on the CARRIER’s flights. The conditions and rules relating to the change of reservation, return, and checked baggage of the original ticket also apply after the upgrade. The charges for the upgrade to business class on domestic and international flights depend on the route and booking class. In the case of irregularities in traffic or flight schedule (cancelled flight, change of flight or route), the passenger shall be entitled to a change free of charge or a refund. A refund for the upgrade shall not be possible in the case of trip cancellation.
5.8 CONFIRMATION OF RESERVATIONS
One-way or return reservations may be subject to the requirement to confirm the reservation within specified time limits. The CARRIER shall advise the passenger thereof in cases when confirmation is required, as well as of how and where it should be done. However, despite this, the passenger should also check the requirements of any other carriers involved in the passenger’s journey. Where it is required, the passenger should confirm the reservation with the carrier whose airline designator code is shown on the coupon of the flight for which the reservation is confirmed. Failure to comply with these requirements may result in the cancellation of any one-way or return reservations.
5.9 CANCELLATION OF RESERVATION
If the passenger does not use a reservation, the CARRIER may cancel any one-way or return reservation.
6.1 Check-in times are different at every airport and the CARRIER recommends that the passenger informs themself about these times and honours them. The passenger’s journey shall be smoother if they allow themself ample time for check-in. The passenger acknowledges 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 the CARRIER’s timetables or may be obtained from the CARRIER or its authorised agents. Unless advised differently, the CARRIER’s check-in deadline is 45 minutes prior to the planned departure. In addition to the check-in counter at airports or kiosks prepared for that purpose, the passenger can also check in for a flight via the internet or mobile phone at those airports where such service is available.
6.2 The passenger must be present at the boarding gate no later than the time specified by the CARRIER when checking in for the flight.
6.3 The carrier may cancel a seat on an aircraft reserved for a passenger if the passenger has not checked in for the flight on time, if they failed to arrive at the boarding gate in time, or do not have all the necessary documents specified in Article 13.2.
6.4 The CARRIER shall not be liable for any loss or expense incurred by the passenger due to failure to comply with the provisions of this Article.
7.1. RIGHT TO REFUSE CARRIAGE
In the reasonable exercise of its discretion, the CARRIER may refuse to carry the passenger or their baggage if it has notified the passenger in writing that it would not at any time after the date of such notice carry them on its flights. In this circumstance, the passenger shall be entitled to a refund. The CARRIER may also refuse to carry the passenger or their baggage if one or more of the following have occurred or it reasonably believes may occur:
7.1.1 such action is necessary to comply with any applicable government regulations or orders;
7.1.2 the carriage of the passenger or their baggage may endanger or affect the safety, health, or the comfort of other passengers or crew;
7.1.3 the passenger’s mental or physical condition, including their impairment from alcohol or drugs, presents a hazard or risk to themself, to passengers, to crew, or to property;
7.1.4 the passenger has committed misconduct on a previous flight, and the CARRIER has reason to believe that such conduct may be repeated;
7.1.5 the passenger has refused to submit to a security check;
7.1.6 the passenger has not paid the fare;
7.1.7 the passenger does not appear to have the necessary travel documents, the passenger seeks to enter a country through which they may only be in transit or for which they do not have valid travel documents, the passenger destroys their documentation during flight or refuses to surrender their travel documents to the flight crew;
7.1.8 the passenger presents a ticket that has been acquired unlawfully, has been purchased from an entity other than the CARRIER or its authorised agent, or has been reported as being lost or stolen, is a counterfeit, or the passenger cannot prove that they are the person named in the ticket;
7.1.9 the passenger has not used the coupons in sequence, or the passenger presents a ticket that has been issued or altered in any way by a person other than the CARRIER or its authorised agent, or the ticket has been multiplied;
7.1.10 the passenger fails to observe the CARRIER’s instructions with respect to safety;
7.1.11 the passenger fails to act in accordance with the instructions of the ground staff or the CARRIER’s aircraft crew or has treated them or other CARRIER’s employees in a derogatory, offensive, or threatening manner;
7.1.12 the passenger failed to check in for the flight on time or failed to arrive on time at the boarding gate;
7.1.13 the passenger has committed a misdemeanour or criminal offence during check-in for the flight or when boarding the aircraft or in the aircraft;
7.1.14 the passenger knowingly interfered with the performance of the duties of the ground staff member or the CARRIER’s aircraft crew member;
7.1.15 the passenger has previously committed one of the acts referred to above.
7.2. SPECIAL ASSISTANCE
Acceptance for the carriage of unaccompanied children, persons with disability and persons with reduced mobility, pregnant women, persons with illness, or other people requiring special assistance is subject to prior notice and arrangement with the CARRIER. Passengers with said disabilities, who have advised the CARRIER thereof or of any other special assistance at the time of the ticket reservation and have been accepted by the CARRIER for carriage 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 requirements 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 document, i.e. meet all such requirements.
8.1. FREE CARRIAGE OF BAGGAGE
Passengers may carry baggage free of charge subject to the CARRIER’s conditions and limitations, which are available to the passenger upon request from the CARRIER or its authorised agent and are published in the CARRIER’s time tables.
8.2. CARRIAGE OF BAGGAGE FOR A CHARGE
As part of the offer of additional services on flight, the CARRIER offers the possibility of carrying an additional piece of checked baggage for certain fares without baggage (e.g. EASY) and with a charge for additional services. The service can be purchased during the ticket purchase process on the website, through the Contact Centre or at the CARRIER’s offices. The baggage carriage service can also be purchased later through the website, the Contact Centre, or in the CARRIER’s offices. The purchase of this service is possible just before the trip, and details can be found on our website. A refund for the service of carrying an additional piece of checked baggage for certain fares without baggage (e.g. EASY) is not possible.
8.3 EXCESS BAGGAGE
The passenger shall be required to pay a fee for the carriage of baggage in excess of the free baggage allowance. These rates are available to the passenger upon request from the CARRIER.
8.4 ITEMS UNACCEPTABLE AS BAGGAGE
8.4.1 The passenger must not include the following in their baggage:
8.4.1.1 items which are likely to endanger the aircraft or persons or property on board the aircraft, primarily items specified in the Technical Instructions for the Safe Transport of Dangerous Goods issued by Air International Civil Aviation Organisation (ICAO) and the Dangerous Goods Regulations issued by the International Air Transport Association (IATA), and in the CARRIER’s regulations (further information is available from the CARRIER on request);
8.4.1.2 items the carriage of which is prohibited by the applicable laws, regulations, or orders of any state to be flown from or to;
8.4.1.3 items which are reasonably considered by the CARRIER to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape, or other characteristics, such as being fragile or perishable, and taking account, among other things, of the type of aircraft being used. Information about unacceptable items is available upon request;
8.4.2 firearms and ammunition other than for hunting and sporting purposes are prohibited from being carried 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 8.4.1.1;
8.4.3 weapons such as antique firearms, swords, knives, and similar items may be accepted as checked baggage, at the CARRIER’s discretion, but shall not be permitted in the cabin of the aircraft;
8.4.4 the passenger must not include the following in checked baggage: fragile or perishable articles, food, money, jewellery, precious metals, prescription glasses or sunglasses or contact lenses, musical instruments, computers and electronic devices, medicines for personal use during the journey, securities, bonds, or other valuables, keys, business documents, passports or other identification documents or samples, antiques or works of art, irreplaceable publications or books;
8.4.5 if, despite being prohibited, any items referred to in 8.4.1, 8.4.2, and 8.4.4 are included in the passenger’s baggage, the CARRIER shall not be responsible for any loss or damage to such items.
8.5. RIGHT TO REFUSE CARRIAGE
8.5.1 The CARRIER shall refuse to carry the items described in paragraph 8.4 as baggage and may refuse their further carriage of such items if they are discovered during carriage.
8.5.2 The CARRIER may refuse to carry any item as baggage that is reasonably considered by the CARRIER to be unsuitable for carriage because of its weight, measurements, volume, or other characteristics, or for safety or operational reasons, or for the comfort of other passengers. Information about packaging and containers unacceptable for the CARRIER is available upon request.
8.5.3 The CARRIER may refuse to accept Baggage for carriage which, in the CARRIER’s reasonable opinion, is not properly and securely packed in suitcases or suitable containers. Information about packing and containers unacceptable for the CARRIER is available upon request.
8.6 RIGHT OF SECURITY SEARCH
For reasons of safety and security the passenger may be requested to permit a search, x-ray or other type of scan to be made of their person and baggage. If the passenger is not available, their baggage may be searched in their absence for the purpose of determining whether they are in possession of or whether their baggage contains any item described in 8.4.1, or any weapons or ammunition which have not been presented to the CARRIER in accordance with 8.4.2. or 8.4.3. If the passenger is unwilling to comply with such a request, the CARRIER may refuse to carry them and their baggage. In the event that an x-ray or other scan causes damage to the passenger or their baggage, the CARRIER shall not be liable for such damage unless it is the result of its wilful misconduct or gross negligence.
8.7 CHECKED BAGGAGE
8.7.1 Upon handing over the baggage the passenger wants to check in to the CARRIER, the CARRIER shall take custody of the baggage and issue a baggage identification tag for each piece of the checked baggage.
8.7.2 Checked baggage must be marked with the passenger’s name and other personal identification data.
8.7.3 Whenever possible, checked handed shall be carried on the same aircraft as the passenger unless the CARRIER decides to carry it on an alternative flight for safety or operational reasons. If the passenger’s checked baggage is carried on a subsequent flight, the CARRIER shall deliver it to the passenger, where possible, unless the relevant regulations require the passenger to be present at the baggage claim.
8.8 DECLARATION ON EXCESS VALUE AND CHARGE
The passenger can give a “Declaration on excess value of baggage” and pay a stipulated charge, which increases the limit of the CARRIER’s liability to the declared value, but not more than EUR 2,000 per passenger.
8.9 UNCHECKED BAGGAGE
8.9.1 The CARRIER may specify the maximum dimensions for baggage that the passenger can carry on board the aircraft. If the CARRIER has not done so, the baggage that the passenger carries on board the aircraft must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin of the aircraft. If the passenger’s 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.
8.9.2 Items not suitable for carriage in the cargo compartment (such as, for example, musical instruments, medical devices, etc.) or items nor meeting the requirements in 8.9.1 above shall only be accepted for carriage in the passenger cabin if the CARRIER had been notified in advance and granted permission. The CARRIER may request a separate charge as per the applicable tariff for the carriage of such items.
8.10 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.10.1 The passenger is required to collect their checked baggage as soon as it is made available at the place of destination or stopover. Should the passenger not collect their baggage within a reasonable time, the CARRIER may charge the passenger a storage fee. Should the passenger’s checked baggage not be claimed within three (3) months from the time they were required to claim it, the CARRIER may dispose of such baggage without any liability to the passenger.
8.10.2 Only the bearer of the baggage check and baggage identification tag is entitled to claim the checked baggage.
8.10.3 If a person claiming checked baggage is unable to produce the baggage check and identify the baggage by means of a baggage identification tag, the CARRIER shall deliver the baggage to such persons only on condition that they prove their right to claim such baggage to the CARRIER.
8.11 ANIMALS
The CARRIER may accept only the passenger’s dogs and cats for carriage, and they shall be carried subject to the following conditions:
8.11.1 The passenger 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 the said requirements are not met, the animals shall not be accepted for carriage. The carriage of animals may be subject to additional conditions specified by the CARRIER, and the passenger may request information on these conditions from the CARRIER.
8.11.2 If accepted as baggage, animal, together with their container and food, shall not be checked in as part of the free baggage, but shall constitute excess baggage, for which the passenger shall pay the applicable fare.
8.11.3 Guide dogs accompanying visually impaired persons or trainers shall be carried free of charge in addition to the normal free baggage allowance, together with the crate or container and food, subject to the conditions specified by the CARRIER, which are available to the passenger on request.
8.11.4 The CARRIER shall not be liable for injury, loss, illness, or death of an animal, or for cases when an animal is denied entry into or transit through any country, state, or territory.
9.1. SCHEDULES
The CARRIER shall endeavour to adhere to the published flight schedules in effect on the date of travel.
The CARRIER may change the time of flights, often for reasons beyond its control, so the CARRIER cannot guarantee for the times shown in timetables.
THE CARRIER shall endeavour to notify the passenger of the change in flight times if it has contact information. If there is a significant change in the flight time after the passenger purchases their ticket and the new time is not acceptable for the passenger, the passenger shall be entitled to cancel the trip and claim ticket refund.
9.2. DELAYS, DENIED BOARDING, CANCELLATION
9.2.1 The rights of the passenger and the obligations of the carrier in the event of denied boarding, cancelled flight, or long delay in air transport are regulated by applicable law.
9.2.2 Scope of application
The summary of the rules applied by CROATIA AIRLINES reads:
Provisions of subsections 9.2.3, 9.2.4, and 9.2.5 shall apply:
a) to passengers traveling from an airport within the European Union or a state signatory of the ECAA Agreement and passengers travelling from an airport located in a third country to an airport within the European Union or one of the state signatories of the ECAA Agreement, unless they have received benefits or compensation and were given assistance in that third country
b) if passengers have a confirmed reservation for a specific flight and check in for the flight: as stated by the carrier, or if the time is not specified, no later than 45 minutes before the published departure time
c) to passengers who have purchased a ticket at the rate available to the public, directly or indirectly, as well as to passengers to whom a ticket has been issued through a frequent flyer programme, or through other commercial programmes of the carrier
d) on flights when CROATIA AIRLINES is the operating carrier.
The provisions of subsections 9.2.3, 9.2.4, and 9.2.5 do not apply to passengers traveling on free or reduced fares that are not directly or indirectly available to the public.
9.2.3 Delay
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
If a longer flight delay is expected, passengers are entitled to 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 a passenger with reservation is denied boarding due to overbooking, the passenger shall be is entitled to:
- care and refund for the unused part of the ticket,
- re-routing under comparable conditions to the final destination at the earliest opportunity
- subject to the availability of seats, the passenger may instead choose re-routing to the final destination at a later date
- a compensation in the case of involuntary denied boarding.
The amount of compensation depends on the distance of the scheduled flight or the alternative flight proposed, and is:
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 an alternative flight is offered and the landing time of that flight in relation to the denied flight does not exceed:
a) 2 hours for flights up to 1500 km,
b) 3 hours for flights between 1500 and 3500 km, and for flights within the EU longer than 1500 km,
c) 4 hours compared to all other flights,
the above fee amounts shall be reduced by 50% (i.e. EUR 125, EUR 200, and EUR 300).
9.2.5 Cancellation
If the flight for which the passenger holds a valid reservation is cancelled, the passenger is entitled to re-routing, care, refund, and compensation, as in the case of denied boarding.
The passenger is not entitled to compensation if they are notified of the cancellation:
- at least two weeks before the scheduled time of departure, or
- between two weeks and seven days before the scheduled 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 passenger is offered an alternative flight that departs no more than 1 hour before the originally scheduled time of departure and, which will reach the final destination less than 2 hours after the scheduled time of arrival.
The CARRIER shall not be liable and passenger shall not have these rights if the flight is cancelled due to unavoidable extraordinary circumstances, even if all reasonable measures have been taken.
9.3 The passenger should submit a claim for compensation within 15 days from the day when they were denied boarding, i.e. from the day when the cancelled flight was supposed to take place.
9.4 The compensation shall be paid in cash, by bank transfer to the account, or, if acceptable to the passenger, via EMD (voucher). If the compensation is paid as EMD which will be used on the CARRIER’s flights, the amounts of compensation will be increased by 25%.
9.5 The compensation shall be paid in the currency of the country in which the payment is made.
9.6 CARRIER/AIRCRAFT SUBSTITUTION
The CARRIER reserves the right to substitute the aircraft or designate another carrier for a particular flight.
10.1. REFUND
The CARRIER shall refund the money for the ticket or any unused part thereof in accordance with these Conditions of Carriage and the applicable fare or tariff rules, as follows:
10.1.1 Except as otherwise provided in this Article, the CARRIER 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 the 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, the CARRIER shall make a refund only to the person who paid for the ticket or in accordance with that person’s orders.
10.1.3 The money shall be refunded only after the ticket and all unused flight coupons are handed over to the CARRIER, unless the ticket has been lost or an ELECTRONIC TICKET has been issued.
10.1.4 Some tickets that are sold at promotional fares may be non-refundable.
10.1.5 A refund is not possible if the passenger cancels the journey, i.e. does not show up at the boarding gate, without notice to the CARRIER, except for journeys in the business class tariff.
10.2. INVOLUNTARY REFUND
10.2.1 If the CARRIER cancels the flight, does not perform the flight within a reasonable time according to the flight schedule, does not land at the place which, according to the ticket, should have been the passenger’s stopover or destination, or causes the passenger to miss the connecting flight for which the passenger has a reservation, the refund amount shall be:
10.2.1.1 if no part of the ticket is used, the amount equal to the fare paid
10.2.1.2 if part of the ticket has been used, the refunded amount shall not be less than the difference between the fare paid and the fare for the carriage used.
10.3 VOLUNTARY REFUND
10.3.1 If the passenger is authorised to request a refund for their ticket for reasons other than those listed in paragraph 10.2, the refund amount shall be:
10.3.1.1. if no part of the ticket has been used, the amount equal to the fare paid, less any reasonable service charges and cancellation fees
10.3.1.2 if part of the ticket has been used, the refunded amount shall be equal to the difference between the fare paid and the applicable fare for the travel between the places for which the ticket has been used, less any reasonable service charges and cancellation fees.
10.4 REFUND ON LOST TICKETS
10.4.1 If a Ticket or part thereof is lost, upon providing 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 part thereof has not been used, replaced or refunded (except where the use, refund or replacement by or to a third party resulted from the CARRIER’s gross negligence);
10.4.1.2 that the person to whom the ticket is refunded undertakes, in the form as may be prescribed by the CARRIER, in case of fraud and/or if it is established that the lost ticket, or part thereof, has been used, they shall return to the CARRIER the amount received from it (except in cases in which fraud or the use of a ticket by a third party is the result of the CARRIER’s gross negligence).
10.5 RIGHT TO REFUSE REFUND
10.5.1 The CARRIER may refuse a refund if the case is reported after the ticket has expired.
10.5.2 The CARRIER may refuse a ticket refund for a ticket presented to the CARRIER or officials of a public authority of a country as proof of the passenger’s intention to leave that country, unless the passenger provides the CARRIER with satisfactory proof that they are authorised to remain in that country or will leave the country by another carrier or other means of transport.
10.6 CURRENCY
The CARRIER reserves the right to make a refund in the same manner and in the same currency in which the ticket was paid.
10.7 WHO SHALL REFUND THE MONEY
The money shall be refunded only by the carrier who issued the ticket or its agent if they are authorised to do so.
11.1. GENERAL
If, at the discretion of the CARRIER, the passenger’s 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 the passenger fails to comply with any instructions given by the crew (including, but not limited to, instructions with respect to smoking, alcohol or drug consumption), or their conduct is such that causes discomfort, inconvenience, damage or injury to other passengers or the crew, the CARRIER may take such measures as it deems necessary to prevent the continuation of such conduct, including restraint. The passenger may be disembarked and refused one-way carriage at any point and may be prosecuted for the offences committed on board the aircraft. The CARRIER may also require compensation from the passenger for the damages they have caused.
11.2. ELECTRONIC DEVICES
For safety reasons, the CARRIER may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, mobile telephones, laptops, 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.
12.1.1 If the CARRIER enters into an arrangement with the passenger undertaking to provide the passenger or a third party with services other than the air transport service, or if the CARRIER issues, for the account of a third party, a ticket or voucher relating to transport or a service other than air transport, such as, for example, hotel reservations or car rentals, the CARRIER shall do so only as an agent of that third party, and these services shall be subject to the terms of such third party, and not these Conditions of Carriage.
12.2.If the CARRIER provides the passenger with ground transport, these Conditions of Carriage shall not apply to that transport.
13.1. GENERAL
13.1.1 The passenger shall be responsible for obtaining all required documents and visas and for complying with all laws, rules, regulations, orders, or demands regarding travel of the countries to be flown from, into or through which they transit.
13.1.2 The CARRIER shall not be liable for the consequences to any passenger resulting from their failure to obtain all such documents or visas or to comply with the requirements from the laws, rules, regulations, orders, demands, or instructions referred to in the preceding paragraph. The CARRIER shall not be liable for any assistance or information provided to the passenger by any of the CARRIER’s agents or employees in connection with obtaining the necessary documentation or visas, or complying with the requirements of the law, rules, regulations, orders, or demands whether or not they are provided in writing or otherwise.
13.2 TRAVEL DOCUMENTS
Prior to travel, the passenger must present all exit, entry, health, and other documents required by law, rules, orders, demands, or requirement of the countries concerned, and permit the CARRIER to take and retain copies thereof. The CARRIER reserves the right to refuse carriage if the passenger has not complied with the relevant law, rules, orders, demands, or conditions or whose documents the CARRIER considers to be invalid.
13.3 DENIED OF ENTRY INTO A COUNTRY
In case of denied entry into any country, the passenger shall be responsible for paying any fine or charge imposed on the CARRIER by a government authority of that country as well as the cost of transporting passengers from that country. The passenger shall not be refunded for the fare paid to the place of entry denial.
13.4 PASSENGER’S RESPONSIBILITY FOR FINES, DETENTION COSTS, ETC.
If the CARRIER is required to pay any fine or anything else due to the passenger’s failure to comply with the laws, rules, demands, orders, and conditions of a certain country, or failure to present the necessary documents, the passenger shall, at the request of the CARRIER, compensate it for everything the CARRIER paid due to this. For the purpose of settling the said fines, deposits or costs, the CARRIER shall be entitled to use the value of the unperformed carriage in the passenger’s ticket, or any passenger’s funds that are in the CARRIER’s possession.
13.5 CUSTOMS INSPECTION
If required, the passenger shall attend the inspection of their baggage performed by customs or other Government officials. The CARRIER shall not be liable for any loss or damage suffered by the passenger in the course of such inspection or through the passenger’s failure to comply with this requirement.
13.6 SECURITY INSPECTION
The passenger shall submit to any security checks by a government authority, an airport official, the CARRIER, or other carriers.
The carriage to be performed by the CARRIER and other carriers under one ticket or a conjunction ticket is regarded as a single operation for the purposes of the Convention. However, the passenger’s attention is drawn to Article 15.6.1
The liability of the CARRIER and any other carrier participating in the passenger’s journey shall be determined by the conditions of carriage of each of them.
15.1 The CARRIER’s provisions on liability:
15.1.1 Unless otherwise stated herein, the CARRIER’s liability for international carriage shall be governed by the rules and limitations established in the CONVENTION.
15.1.2 Unless otherwise specified herein, when it comes to carriage not considered to be international carriage under the provisions of the Convention, the liability of the CARRIER shall be determined by the ACT.
15.1.3 This Article 15 is a summary of the liability rules of the Montreal Convention and the ACT, but if it is inconsistent with the CONVENTION and the ACT, or other applicable regulations, the CONVENTION, ACT, or other applicable regulations shall prevail and apply.
15.2 Compensation in case of death or bodily injury
15.2.1 The CARRIER shall be liable for damage sustained in case of death or bodily injury of a passenger only provided that the accident which caused the death or bodily injury took place on board of an aircraft or during embarkation or disembarkation.
15.2.2 In case of claims for damages which does not exceed SDR 128,821, the CARRIER may be fully or partially released from liability if it proves that the damage was caused or can be attributed to negligence, or other harmful act, or omission of the person seeking compensation to the extent that such negligence, or harmful act, or omission caused the damage or contributed to it.
15.2.3 In case of claims for damages which exceed SDR 128,821, the CARRIER may be fully or partially released from liability to the extent in which it exceeds SDR 128,821 if it proves that the damage was not caused by negligence or omission of the CARRIER, or persons who worked on its orders and instructions, or that the damage was caused solely by the negligence or harmful conduct or omission of a third party.
15.3 Advance payment
15.3.1 In case of claims for damages due to a passenger’s death, the CARRIER shall pay the amount equivalent to SDR 16,000 per passenger to the person authorised for damages within 15 days from the date of identification of that person, for the purpose of meeting their urgent needs related to the harmful event. The amount thus paid shall in no way mean the recognition of the CARRIER’s liability and shall be included in the final amount of the damages, which the authorised person has the right to claim from the CARRIER. The stated amount shall not be refunded to the CARRIER except in cases when it is proved that the person who received that payment, or the deceased, or injured passenger, has caused full or partial suffered damage, i.e. that the person who received that payment was not authorised to do so.
15.4. Delay in the carriage of passengers and baggage
15.4.1 In case of damage caused by delay in the carriage of passengers, the CARRIER shall be liable for the damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The CARRIER’s liability is limited to SDR 5,346 per passenger.
15.4.2 In case of damage caused by delay in the carriage of baggage, the CARRIER shall be liable for the damage unless it took all reasonable measures to avoid damage or it was impossible to take such measures. The CARRIER’s liability is limited to SDR 1,288 per passenger.
15.5 Destruction, loss, or damage to baggage
15.5.1 The CARRIER shall not be liable for the damage caused by destruction, loss, or damage to unchecked baggage unless the damage resulted from the fault of the CARRIER or a person working on performing the carriage at the order of or for the account of the CARRIER. If the passenger is also partially liable for the damage referred to in this subitem, the CARRIER’s liability shall be determined in accordance with the provisions of the applicable law regarding shared liability.
15.5.2 Unless the damage is caused by the intentional or gross negligence of the CARRIER, the CARRIER’s liability in the case of damage to checked and unchecked baggage shall be limited to the amount of SDR 1,288 per passenger. If the weight of the baggage is not stated in the baggage check, it is assumed that the total weight of the checked baggage does not exceed the weight which, according to the CARRIER’s rules for the class in question, is carried free of charge.
15.6 GENERAL PROVISIONS
15.6.1 The CARRIER shall be liable only for damages occurring during carriage on flight segments where the CARRIER’s airline designator code appears in the “carrier” box of the ticket for that flight segment. With respect to the checked baggage, the passenger shall be authorised to make a claim against the first or last carrier or the carrier on whose segment the damage occurred, and all listed carriers shall be jointly and severally liable to the passenger.
15.6.2 If the CARRIER issues its own ticket with the CARRIER’s airline designator code marked in the “carrier” box, but the carriage is performed by another carrier, the CARRIER shall be considered a contracting carrier and will be jointly and severally liable for the damage caused to the passenger on that flight with the actual carrier.
15.6.3 If the CARRIER issues its own ticket with another carrier’s airline designator code written in the “carrier” box or if it takes over the baggage for another carrier’s flight, it does so only as an agent for the other carrier.
15.6.4 If the CARRIER’s liability to the passenger is established, the CARRIER shall indemnify the passenger for the damage whose existence the passenger proves and for which they prove that it results directly from the CARRIER’s harmful action, in accordance with the CONVENTION or the ACT. The CARRIER shall in no case be liable for any lost profits, any loss or damage resulting indirectly from the CARRIER’s breach of contract or obligation to the passenger, any indirect or incidental loss or any indirect or incidental damage when the passenger travels for business purposes.
15.6.5 The CARRIER shall not be liable for the passenger’s injury or for damage to the passenger’s baggage if the injury or damage is caused by items contained in the passenger’s baggage. Any passenger who causes injury to another person or damage to another person’s property or the CARRIER’s property with their own property shall reimburse the CARRIER for any losses or expenses incurred to it as a result thereof.
15.6.6 The CARRIER shall not be liable for the loss or damage of fragile or perishable items, money, jewellery, precious metals, prescription glasses or sunglasses, musical instruments, computers or electronic devices, securities, bonds or other valuables, keys, business documents, passports or other identification documents, samples, and other items which, despite the prohibition in Article 8.4 of these Conditions of Carriage, are included in the passenger’s checked baggage.
15.6.7 In case of carriage of a person whose age or mental or physical condition is such that it is dangerous or risky for that person, the CARRIER shall not be liable for any illness, injury or incapacity, including the death of that person, if that illness, injury, incapacity or death is a result of the said condition of such person. The CARRIER shall also not be liable for the deterioration of the condition of such a person.
15.6.8 The CARRIER shall not be liable for any damage resulting from the CARRIER’s compliance with any applicable law or decision, order or demand of any government authority, or if such damage is the result of the passenger’s failure to comply with those rights, decisions, orders, or demands.
15.6.9 The contract of carriage, including these Conditions of Carriage and any exclusions or limits of the CARRIER’s liability, shall apply to the benefit of the CARRIER’s agents, employees, or representatives, and to the benefit of any person whose aircraft is used by the CARRIER, including agents, employees and representatives of such person. The total amount of the damages received from the CARRIER and such agents, employees, representatives and persons shall not exceed the amount of liability limit relating to the CARRIER.
15.6.10 Unless expressly stated otherwise, nothing contained in this Article shall mean that the CARRIER has waived any exclusion or limitation of liability available to it under the CONVENTION, ACT, or governing law.
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 the passenger proves otherwise. The CARRIER shall not be liable for the damage to the checked baggage if the passenger fails to file a claim to the CARRIER immediately after the discovery of the damage, and no later than within 7 days from the day of receiving the baggage. In case of delay in handing over the checked baggage, the CARRIER shall not be liable for damages if the passenger does not file a claim to the CARRIER within twenty-one (21) days from the day when the baggage was handed over to them. Any complaint should be submitted in writing. The CARRIER shall not be liable for any compensation in case of a delay in the carriage of passengers if the claim in writing has not been submitted to the CARRIER within 15 days from the day of the flight.
16.2. STATUTE OF LIMITATIONS
A claim for compensation for any damage shall become statute-barred in two years from the day when the aircraft arrived or should have arrived at its destination or from the day when the carriage was interrupted. The method of calculating the statute of limitation period shall be determined in accordance with the applicable law of the competent court.
No agent, employee, or representative of the CARRIER shall be authorised to alter, modify, or waive any provision of these General Conditions of Carriage.
The carriage of passengers and their baggage is also regulated and determined by the conditions applying to or adopted by the CARRIER. These conditions, which are amended from time to time, are also important. Among other things, these conditions determine:
(i) the carriage of unaccompanied minors, pregnant women, and sick passengers;
(ii) restrictions on the use of electronic devices and equipment;
(iii)the on-board consumption of alcoholic beverages and/or narcotics and psychoactive substances;
(iv) visa requirements.
The conditions and rules concerning the matters mentioned in this Article are available at the CARRIER on request.Only the Croatian text of these General Conditions of Carriage is authentic. If there are differences between the English and Croatian text of these General Conditions of Carriage, the Croatian text shall be relevant for their interpretation.