Conditions of carriage

ARTICLE 1: DEFINITIONS

ARTICLE 2: APPLICABILITY

2.1 General

Except as otherwise provided in these Conditions, the Conditions apply only on those flights, or flight segments, where our name or Airline Designator Code is shown in the carrier box of the Ticket for that fight or flight segment. If we issue a Ticket or check Baggage on the flight of another Carrier other than a Code Share Flight, we do so only as agent for such other Carrier whose conditions of carriage shall apply and we have no liability to you for the acts or omissions of such other Carrier.

2.2 Charters

If carriage is performed by Air Vanuatu under a charter agreement (hire arrangement), these Conditions of Carriage and our Charter Terms and Conditions will apply unless you have been advised otherwise.  Our Charter Terms and Conditions will be provided to you at the time of booking the charter flight.

2.3 Code Share Flights and Related Services

On some services we may have an arrangement with other carriers known as Code Share Flights.  This means 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 be operate that service.  We will advise you of the carrier operating the service at time of booking.

Customers travelling on a flight operated by another Carrier may be subject to terms and conditions of the operating Carrier that differ from those of Air Vanuatu and will extend to amongst other things: 

(a) check-in as outlined in Article 6

(b) refusal and limitation of carriage provided in Article 7; and

(c) restriction of acceptance of baggage, free baggage allowance and excess baggage charge provided in Article 8.

2.4 Overriding Law

These Conditions apply unless they are inconsistent with Tariffs or overriding laws in which event such Tariffs or laws shall prevail to the extent of the inconsistency. If any provision of the Conditions is invalid under any overriding 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.

2.6 Translations

At our sole discretion, translations of these Conditions may be made available in languages other than English. In the event of a conflict between the English version of these Conditions and any translation, the English version shall prevail.

ARTICLE 3: TICKETS

3.1 Ticket Requirements

3.1.1 We will provide or procure carriage only for the Passenger named in the Ticket.

3.1.2 Ticket is not transferable and the person named on the Ticket must not give or sell their ticket to anyone else. If someone else presents your Ticket for travel and we discover that that person is not you, we will refuse to carry that person and your Ticket will be cancelled, without any obligation to provide a refund to you. However, if we, acting reasonably, do not discover that the Ticket has been transferred and as a result either carry the Ticket holder or give them a refund, we are not obliged to replace your Ticket or give you a refund, and we are discharged from all and any liability to provide you a refund.  If you suspect that your Ticket has been stolen, you should contact us without delay and well before the time of boarding.

3.1.3 The ticket is and remains at all times our property if issued by us or an Authorized Agent.

3.1.3 You will not be entitled to be carried on a flight unless you provide positive identification (when requested at any time prior to departure of the flight) and a valid Ticket has been duly issued in your name.  We recommend you carry a copy of your Ticket and Itinerary Receipt as you may need to present this for check-in, Customs, airport security, immigration, and for duty free purchases.

3.2 Period of Validity

3.2.1 Except as otherwise provided in the Ticket, these Conditions, or applicable Tariffs, a Ticket is valid for the first to occur of:

(a) one year from the date of commencement of travel; or

(b) if no portion of the Ticket is used, for one year from the date of its issue.

3.2.2 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.  Any such modification shall be made upon receipt of a valid medical certificate from a reputable medical practitioner.

At our discretion we may extend the period of validity of Tickets of other members of your immediate family accompanying you.

3.2.3 In the event of death of a Passenger en-route the Tickets of persons accompanying the Passenger may at our discretion 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 at our discretion.  Any such modification shall be made upon receipt of a valid death certificate.

3.3 Coupon Sequence & Use

3.3.1 The ticket you have purchased is valid only for the transportation as shown on the ticket, from the place of departure via an Agreed Stopping Places to the final destination.  The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket.  It forms an essential part of our contract with you.  The Ticket will not be honoured and will lose its validity if any of the Coupons are not used in the sequence provided in the Ticket.

3.3.2 Should you wish to change any aspect of your transportation you must contact us in advance.  The fare for your new transportation, and associated change fees, will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed.  

3.3.3 Where you wish to amend your travel dates we will assess the correct price for your actual travel.  You will be liable to pay any difference between the price you have paid and the total price applicable for your revised travel, plus the associated change fee.

3.3.4 Each Coupon will be accepted for carriage in the class of service specified therein on the date and flight for which space has been reserved.

3.3.5 In the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations.

3.4 Our Name and Address

Our name (Air Vanuatu (Operations) Ltd (In Liquidation)) may be abbreviated to NF on the Ticket. Our address is Bladiniere Industrial Estate, Port Vila, Shefa, Vanuatu. Our phone number in Vanuatu is +678 20200, Australia +61 (02) 8335 4600, and in New Zealand +64 (09) 373 3435.

ARTICLE 4: GENERAL

4.1 General

Fares cover only carriage from the airport at the point of departure to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport between airports or terminals where arrival maybe in one terminal and departure in another terminal.

4.2 Applicable Fares

Subject to Article 4.1, applicable fares are those in effect on the date of Ticket issuance. Should you change your itinerary or any date of travel, this may result in a change to the fare as well as additional charges and/or services which must be paid.

4.3 Taxes and Surcharges

4.3.1 The fees, charges, and taxes included in your fare or shown separately on your ticket may be levied on Passengers, ourselves or the Carrier by a government authority, an airport operator or be imposed by ourselves or the Carrier  and may include card payment fees or insurances that you have purchased in conjunction with your ticket. Details will be set out in your Ticket, or may be obtained from our office or your booking representative or agent.  You are responsible for applicable taxes or charges imposed by Government Authorities, other authorities, ourselves, Carriers, or by the operators of airports that are in effect on the date of travel.

4.3.2 For Domestic travel within Vanuatu, a Provincial Departure Tax is collected by Airport Authorities from you at the airport prior to your departure.

4.3.3 A credit card fee is levied on all Credit Card transactions used for payments of services and tickets issued by Us or our Authorized Travel Agent, and is payable by you at the time of booking.�

4.4 Currency

Fares and charges are payable in those currencies acceptable to us and at exchange rates determined by us at the time of Ticket issuance.

4.5 Insurance

Because travel involves many risks, and our liability to you is limited and may not cover all losses you incur if things go wrong, you may choose to purchase travel insurance, which can cover things such as lost Tickets, changes in travel plans and travel cancellation, medical and hospital expenses, repatriation costs, personal injury and death, delayed, damaged or lost Baggage and other items, missed flight connections and additional expenses.

ARTICLE 5: RESERVATIONS

5.1 Reservations Requirements

5.1.1 Reservations are not confirmed until recorded as confirmed by us or an Authorized Agent.

5.1.2 Certain fares have conditions which limit or exclude your right to change or cancel reservations.

5.1.3 Any person booking our flights for other people shall be deemed to have accepted these Conditions on behalf of all Passengers named in a booking and it is the responsibility of the person making the booking to bring these Conditions to the Passenger(s)’ attention.

5.1.4 We do not accept any responsibility for any loss you may incur if you make arrangements for travel on us through anyone other than us or our Authorized Agents.

5.2 Ticketing Time Limit

If you have not paid for the Ticket prior to the specified ticketing deadline, as advised by us or our Authorized Agent, we reserve the right to cancel your reservations without notice.

5.3 Personal Information

We collect personal information about you (including health information where necessary) for the purposes of making reservations, purchasing and issuing a Ticket and all other ancillary tasks associated with providing the services you have requested from us, including facilitating your participation in loyalty programs, handling customer relations issues, facilitating immigration and entry procedures, facilitating security checks, and making available such personal information to Government Authorities or emergency services, in connection with your travel.  For these purposes, you authorize us to retain such information and to transmit, share or make it available to our own offices and related companies, Authorized Agents, your booking representatives or agents, Government Authorities, other Carriers and travel service providers or the providers of the abovementioned services.  In addition, if you provide consent through the “opt in” mechanism that we provide, we may also disclose your personal information to third parties for other purposes, including surveys, feedback and marketing purposes.

If you would like to know what personal information we are holding about you and/or request correction of the personal information that we hold about you, please contact us. For more details see our privacy notice at www.airvanuatu.com

5.4 Seating

5.4.1 We will endeavour to honour your seating request, however, we cannot guarantee provision of any particular seat, even if your reservation is confirmed. We reserve the right to assign or reassign seats at any time as we deem necessary and we will not be liable to you as a result. If we need to ask you to downgrade for any reason, we will provide you with a downgrade voucher for the difference in fares.

5.4.2 Please note that eligible Passengers to be seated at the emergency exit row must; be able to understand English, be able bodied, be over the age of 15.

5.4.3 Where flights are operated as a Code Share Flight service, seat assignment will be at the discretion of the operating carrier or Carrier.

5.4.4 We may refuse carriage of any Passenger or Passenger’s Baggage without any liability on our part if due to the Passenger’s physical size the Passenger cannot be comfortably seated with the arm rests in position (and without providing discomfort to adjacent Passengers, or obstructing shared spaces such as emergency exits or aisles).  Before refusing carriage we will, if circumstances permit, discuss options with you such as delaying your departure until we can provide an alternative flight with an empty seat next to you.  If you consider that this paragraph may apply to you, we encourage you to contact us prior to the day of your proposed travel, so we can work with you to provide a suitable solution.

5.5 Service Charge if Reservation is Not Used

Except in the case of travel on non-refundable fares, you may be required to pay a reasonable service charge ("no show" fee) if you fail to use your reservation and then need to rebook onto a new flight.

5.6 Reconfirmation of Reservations

Before your flight you should check our website at www.airvanuatu.com for any schedule changes. We require you to reconfirm your flight(s) on all services operated by us, where your journey is in conjunction with another Carrier please contact the Carrier directly for their reconfirmation requirement.   

5.7 Cancellation of Return or Onward Reservations

If you do not use a reservation or fail to comply with any such reconfirmation requirement, your onward or return reservations may be cancelled.

5.8 Special Meals

If the service of special meals is available on your selected flight, we will try to ensure that if you have requested a special meal when you made your reservation, it is available. However, we do not guarantee we will be able to supply your requested special meal. Where the meal request has been received after our cut-off time, we will not be able to provide your requested meal on your service.  We will not be liable to you for loss, expense, breach of contract or other damage should we, for any reason, be unable to supply such requested special meal. 

5.9 Changes to Reservations  

The fares we sell to you have different fare rules and are priced differently. Your reservation is subject to the fare rules applicable to the type of fare you have paid for.  These fare rules are available to you at the time of booking. Please note the fare rules and in particular any change fees or restrictions may apply.

From time to time, Air Vanuatu may increase fees and charges applicable under the fare rules.  If such a change will affect your existing booking, we will give at least one month's notice of the change.

Requests for changes or cancellation of a reservation can only be made directly to us or our Authorized Agent.

5.10 Name Changes  

5.10.1 Names of passengers will be changed on payment of a "Name Change" Fee per passenger.

5.10.2 If the booking has been made by us or via our Website, changes to the Booking can only be made via our website at www.airvanuatu.com or through our call center or our sales office.  If the booking has been made via one of our Authorized Agents, only that Authorized Agent may make the requested changes.

5.11 Overbooking Notice   

5.11.1 On services operated by us, there is a chance a seat will not be available on a flight even if your reservation is confirmed. This is due to the common practice in the airline industry of overbooking, or the need to transport crew, or the need to limit the number of Passengers for operational reasons.  If there are not enough volunteers we will deny boarding reservation holders in accordance with our Denied Boarding Policy. Customers who are involuntarily denied boarding may apply for compensation in accordance with our policy or we will use all reasonable effort to transport you via alternative means to your final destination.

5.11.2 Where our services are operated by a third party airline on a Code Share Flight basis, the overbooking, off-loading and compensation policies of the operating Carrier will apply.  We will not be liable to you for loss, expense, breach of contract or other damage should we, for any reason, you are denied boarding due to the operating Carrier's overbooking policy.

ARTICLE 6: CHECK-IN AND BOARDING

6.1 You must complete:

the check-in process sufficiently in advance of flight departure to permit completion of any Government Authority formalities and departure procedures, and in any event not later than any minimum time specified by us or Our Operators.

To maintain our operational on time performance, we have set close off times for check-in and failure to present yourself at check-in before the close off time will result you in being denied boarding.  In this instance, you will be required to purchase a new Ticket.

6.2 You must be present:

at the boarding gate and on board the aircraft no later than the times specified by us or by Our Operators.  Failure to be at the gate at the specified time will result in you and your Baggage being offloaded from the flight.

6.3 We may:

cancel the space reserved for you on a non-recourse basis if you have not checked-in, you have failed to arrive at the boarding gate or failed to board the aircraft in accordance with Articles 6.1 and 6.2.

6.4 Neither we nor Our Operators:

will be liable to you for any loss or expense arising from your failure to comply with the provisions of Article 6.

ARTICLE 7: REFUSAL OF CARRIAGE AND SPECIAL ASSISTANCE

7.1 Right to Refuse Carriage

We and/or Our Operators may at any time prior to boarding refuse to carry you or your Baggage if, in the exercise of our reasonable discretion, we decide or establish any of the following:

7.1.1 such action is necessary for reasons of safety;

7.1.2 such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over;

7.1.3 your conduct, age or mental or physical state including your impairment (or reasonably suspected impairment) from alcohol or drugs, is such as to require special assistance, cause discomfort or make yourself objectionable to other Passengers or involve any hazard or risk to yourself or to other persons or to property;

7.1.4 such action is necessary because you have failed to observe any of our instructions including non-compliance with these Conditions in relation to carriage of dangerous or prohibited goods;

7.1.5 you have refused to submit to a security check, or once onboard you have failed to cooperate (in the opinion of the captain) with an instruction or request by any member of the crew;

7.1.6 you have not paid the applicable fare, charges or taxes for your current or any previous carriage with us;

7.1.7 you do not appear to have valid travel documents; you may seek to enter a country through which you are in transit; you may destroy your travel documents during flight; you refuse to surrender your travel documents to the flight crew, when so requested;

7.1.8 the Ticket you present has been acquired unlawfully or has been purchased from an entity other than us or our Authorized Agent; has been reported as being lost or stolen; or contains a Flight Coupon that has been altered by anyone other than us or our Authorized Agent; or has been paid for with fraudulent card;

7.1.9 you cannot prove that you are the person named in the Ticket;

7.1.10 you have previously committed an act or omission of the type referred to above in Article 7.1 on a previous flight or at any location connected with airline services including airports and Ticket selling offices, and we have reason to believe there is a risk that such act or omission may be repeated on a flight operated by us or Our Operators;

7.1.11 we have notified you in writing that we would not, after the date of such notice, carry you on our flights or those of Our Operators. In this circumstance you will be entitled to a refund (for any ticket purchased on or before the date of such notice), less any reasonable service fee to cover our administration costs;

7.1.12 you are wearing or otherwise displaying gang patches, insignia, signs or symbols, or other attire which we deem offensive or believe will cause discomfort, fear or intimidation to other Passengers and you have refused to remove such offensive items.

7.1.13 you have verbally or physically abused or displayed aggressive behaviour to our staff or Our Operators.

7.1.14 you attempted to check-in at the airport after closure of our airport check-in counters

7.1.15 you are travelling for medical reasons and have failed to complete our medical requirements and documentation to be carried on our service, or our risk assessment has concluded that you cannot be carried on the flight (including taking into account abnormal circumstances such as emergency descents or emergency evacuations) without causing an undue safety risk to yourself, the crew, other Passengers and/or the safety of the flight.

7.1.16 you have presented yourself at check-in and are dressed inappropriately which may cause offence to our Passengers or pose a health risk to our Passengers and our staff.

7.2 Special Assistance

7.2.1 Except where otherwise required by applicable law, acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness, or other people requiring special assistance, is subject to prior arrangement with Us.  Depending on the circumstances, that arrangement may include (without limitation) a requirement that a medical certificate, career, medical supplies and/or medical practitioner accompany you on the flight at your cost.

Subject to Article 7.1, Passengers with disabilities who have advised us of their disability and any special requirements they may have at the time of booking, and been accepted by us, shall not subsequently be refused carriage because of such disability or special requirements. 

7.2.2 Subject to applicable law, should you require special assistance or request us to supply equipment or facilities (such as oxygen) we will be entitled to charge you for the provision of such assistance, equipment or facilities.

7.2.3 We are unable to offer transportation of Passengers who require to be transported on a stretcher.

ARTICLE 8: BAGGAGE

The following requirements, rights, exclusions and limitations in Article 8 are applicable to our flights and those performed by Our Operators.

8.1 Free Baggage Allowances

We and Our Operators will carry a limited amount of your Checked Baggage and Carry-On Baggage according to the following terms and the Baggage allowances set out on our website at www.airvanuatu.com

8.1.1 Security Restrictions on Baggage

Sharp objects or cutting implements (such as knives, box cutters, letter openers, scissors, tools, screwdrivers etc) or club like objects (such as baseball bats, pool cues, golf clubs, ski poles, ice picks, hammers etc) and real or imitation weapons of any kind cannot be taken into any aircraft cabin. Screening authorities will remove any such items and they will not be able to return them to Passengers. The carriage of liquids, aerosols, gels and dangerous articles onboard the aircraft is restricted. Any liquids, aerosols or gels must be in containers of 100ml volume or less and must fit in one re-sealable transparent plastic bag of 1 litre volume (approx 20cm by 20cm). Non-essential liquids should be packed in your Checked Baggage. Further information on security restrictions on Baggage is available at our website at www.airvanuatu.com.

8.1.2 In addition to the free Baggage allowance, we will carry at no additional charge in the hold a fully collapsible wheelchair and/or mobility aid for you if you are dependent on either or both.  We will carry a child’s stroller or child seat (for use in a car) at no additional charge (for the first two items per family)

8.1.3 All Baggage allowances are subject to the occupational health and safety requirements of our staff and aircraft limitations.

8.2 Cabin Baggage  

8.2.1 Passenger Cabin Baggage Allowance

8.2.2 Restriction on Cabin Baggage

Some items cannot be carried in the cabin of the aircraft and are therefore classified as Prohibited Items under this Conditions of Carriage (Prohibited Items).  Prohibited Items include but are not limited to weapons, restraining devices, knives and sharp tools or cutting implements such as scissors and screwdrivers, and some sporting goods such as bats and clubs.  We have the right to amend the list of Prohibited Items from time to time.   

Passengers carrying hypodermic needles will need to declare them at the screening point. Where possible, the Passenger should provide documentation or identification to confirm the Passenger’s relevant medical condition. Medication should have a professionally printed label identifying the medication or a manufacturer’s name or pharmaceutical label affixed.

8.3 Checked Baggage

8.3.1 Domestic Passenger Checked Baggage Allowance

8.3.2 Upon delivery to us of items you wish to be carried as Checked Baggage we will take custody of them, and issue a Baggage Identification Tag for each piece of your Checked Baggage.

8.3.3 Checked Baggage must have your name or other personal identification affixed to it.

8.3.4 Stowage and weight limitations apply on some of our services and Baggage may at times need to be transported on a different flight to the Passenger.

8.3.5 Checked Baggage will, 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.

8.3.6 Baggage fees are non-refundable.

8.3.7 The following items must NOT be included in your Checked Baggage. You will be required to repack any such items into your Carry-On Baggage or make alternative arrangements for their transportation, as appropriate.

• Dangerous goods
• Fragile, delicate or perishable items
• laptops
• Items with a special value, such as money, jewellery, precious metals, silverware
• Negotiable papers, share certificates, securities or other valuable documents
• Cameras
• Personal electronic equipment
• Commercial goods or business documents, or passports and other travel documents
• Essential medicines
• Items we determine are unsuitable for carriage by reason of their weight, shape or size, fragility, contents or character, or for safety or operational reasons, or the comfort and convenience of other Passengers
• E-cigarettes

If you carry items in contravention of these Conditions, we will have no liability, and use all available defences against any claim, in respect of any damage, loss or destruction of those items.

Checked Baggage can also be delayed or lost, therefore items with a special value or which you may urgently need should be kept close to you in Cabin Baggage.

8.4 Excess Baggage

8.4.1 Baggage in excess of our stated free Baggage allowance may be accepted for carriage at a fixed rate per piece as appropriate to the Baggage allowance applicable for your Ticket.  We may at our discretion refuse to carry your excess Baggage.  We bear no responsibility or liability if for operational, weather or reasons beyond our control we carry your Baggage on alternative flights other than the flight you are booked on.   “Operational reasons” may include for example weight limitations for the flight.  If we decide to carry the Excess Baggage but decide not to charge you for some or all of your Excess Baggage, this does not mean that you will not be charged when you check in for any further flights on your itinerary. Other airlines may also charge different rates for Excess Baggage.

8.5 Items Unacceptable as Baggage

8.5.1 Dangerous Goods Prohibited

You must not include in your Baggage:

8.5.1.1 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. These include, but are not limited to articles such as the following which must not be carried in your Baggage for safety reasons:

• Compressed Gases (Deeply Refrigerated, Flammable, Non-flammable and
• Poisonous);
• Corrosive materials (such as alkalis, acids, wet cell batteries, mercury);
• Explosives (Fireworks and articles which are easily ignited);
• Firearms and Ammunition Flammable liquids and solids (such as matches, lighters and heater fuels, flammable aerosols);
• Butane Lighters;
• Magnetized materials;
• Oxidizing substances;
• Poisonous, toxic, infectious substances;
• Radioactive materials;
• Chemical oxygen generators;
• Security attaché cases (if fitted with alarm or pyrotechnic material);
• Other dangerous goods (such as offensive or noxious materials and a wide range of items in IATA Dangerous Goods Regulations); or

8.5.1.2 items for carriage of which are prohibited by the applicable laws, regulations or orders of any country to be flown from, to or over.

8.5.2 Unacceptable Items

Whilst we endeavour to take reasonable care of your belongings, we cannot guarantee that delicate items are able to withstand Baggage handling processes during carriage by air and we shall not be liable for such damage unless due to our negligence or other fault.  Baggage handling processes and equipment are generally not compatible with the carriage of delicate or fragile items.  Delicate or fragile items should instead be assigned as freight with a suitable freight handler.  Checked Baggage can also be delayed or lost. Therefore items with a special value or which you may urgently need should be kept close to you in your Carry-On Baggage.

8.5.3 Firearms and Weapons

8.5.3.1 Firearms and ammunition will not be accepted for carriage on our Domestic Services.

8.6 Right to Refuse Carriage

8.6.1 We will refuse to carry as Baggage the items described in Article 8.5.1 and if initially carried (including with our initial consent), we may refuse further carriage of any such items at any time.

8.6.2 We will refuse to carry as Checked Baggage the items described in Article 8.5.1 and we may refuse further carriage of any such items upon their discovery or require that you transfer such items to your Carry-On Baggage, subject at all times to compliance with the applicable dangerous goods regulations and legislation.

8.6.3 We may refuse to carry as Baggage any item because of its size, shape, weight, fragility, contents or character, or for safety or operational reasons, or the comfort and convenience of other Passengers.

8.6.4 We may refuse to accept any Baggage for carriage unless it is properly packed in suitable containers.

8.7 Right to search

For reasons of safety, health and security, or to check whether your person and/or Baggage contains any item described in Article 8.5.1, or any firearms, ammunition or weapons, which have not been presented to us in accordance with Article 8.6.3, we and/or a member of the Aviation Security Service, Customs or other duly authorized officials may search, x-ray, screen or perform some other type of scan of your person and/or Baggage. If you are unwilling to comply with any search request we may refuse to carry you and your Baggage and may deliver your Baggage to Government Authorities or airport officers. Following check-in, your Baggage may be searched in your absence. In the event an x-ray or other scan causes loss or damage to you or your Baggage, we shall not be liable for such loss or damage unless due to our negligence or other fault.

8.7.1 We may refuse to accept an excess value declaration on Checked Baggage when a portion of the carriage shown on your ticket is to be provided by a Carrier which does not offer the excess valuation facility.

8.8 Cabin Baggage

8.8.1 Objects not suitable for carriage in the cargo hold (such as delicate musical instruments), and which do not meet the requirements in Article 8.1 above, will only be accepted for carriage in the aircraft cabin if it can be suitably placed into the overhead bins inside the aircraft cabin.  We do not allow Baggage to be carried on seats (even if purchased by you for this purpose) due to safety issues that may arise in an emergency.  Where such items cannot be securely carried inside the Cabin, you will need to check the item in as Checked Baggage, at your own risk.  

8.8.2 Acceptance of your Cabin Baggage is subject to the requirements under Article 8.2 Cabin Baggage and as further described at www.airvanuatu.com with respect to Prohibited Items and applicable size and weight limitations. Depending on the circumstances, we may allow rejected Cabin Baggage to be carried as Checked Baggage, at your cost.

8.9 Collection & Delivery of Checked Baggage

8.9.1 You are required to collect your Checked Baggage as soon as it is made available at the places of destination or Stopover. If you do not collect it within a reasonable time, we will charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available for your collection, we may dispose of it without any liability to you.  Unclaimed Baggage may also be retained by Customs in the applicable country and we have no liability to you if you fail to collect it from Customs prior to Customs disposing of it.

8.9.2 Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to 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 will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.

8.10 Carriage of Animals

8.10.1 Except as otherwise permitted under applicable law, the carriage of animals in the aircraft cabin is not permitted.

8.10.2 Animals may be accepted for carriage as cargo and it is your responsibility to ensure that animals such as dogs or cats are properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit, failing which they will not be accepted for carriage.

8.10.3 We will not be responsible for injury to or loss, sickness or death of an animal, or in the event that it is refused entry into, or passage through any country, state or territory.

8.11 Carriage of Human Remains & Ashes

8.11.1 We are unable to carry human remains (including ashes) on our domestic services.

ARTICLE 9: OUR LIABILITY TO YOU

These Conditions govern our liability to you. The liability to you of any other Carrier involved in your journey will be determined by their own conditions of carriage.  Our liability to you for claims of various kinds (including death, injury, delay, loss of or damage to Baggage, and other matters) may be limited under applicable law.  Other than as specified in these Conditions or under applicable law, we exclude all liability to you for loss, damage, costs and expenses arising in any way from your use of our services.

9.1 Applicable Law

Our liability to you will be governed by applicable law.  Where your travel is entirely within Vanuatu, it will be governed by and construed in accordance with the laws of the Republic of Vanuatu but excluding such French laws as are by virtue of the Constitution applicable in the Republic of Vanuatu.

9.2 Passenger and baggage claims

Our liability to you is subject to the following provisions:

9.2.1 We have no liability for claims in respect of a Passenger's death, wounding or other bodily injury if we prove that such damage was not due to negligence or other wrongful act or omission by us or our servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party.

9.2.2 Our liability to Passengers as set out in this Article 9 shall be applicable to claims made by the Passenger only, or in the event of the death of the Passenger, any natural person entitled to claim in respect of that death in accordance with applicable law and shall not apply to any claim by any public social insurance body or similar however founded or asserted, whether by virtue of subrogated rights, statutory authority or otherwise. Any Passenger claim which is assigned or transferred shall be determined under the provisions of the applicable law.

9.2.3 If we prove that the damage was caused by, or contributed to, by the negligence of the injured or deceased Passenger, we may be exonerated wholly or partly from our liability in accordance with applicable law.

9.2.4 We will not be liable for any illness, injury or disability, including death, attributable to your age or physical condition or for the aggravation of such condition.

9.2.5 If we destroy, lose or damage a checked bag our liability for your loss and damage is limited to USD20.00 per kilo.  If we destroy, lose or damage an unchecked bag or other item that was placed in our care, our liability for your loss is limited at USD400.00 per Passenger, unless a higher value is declared at check-in and additional charges were paid by you for the safe handling of valuable contents.  The limitations of liability set out in this Article 9.2.5 will not apply to the extent relevant local law  stipulates a higher minimum limit of liability.

9.3 General Liability Items

9.3.1 These Conditions including any exclusion or limitation of liability shall apply to and be for the benefit of our Authorized Agents, Our Operators, employees and representatives to the same extent as they apply to us. The aggregate amount recoverable from us, our Authorized Agents, employees and representatives shall not exceed the amount of our limit of liability.

9.4 Consequential Damage

9.4.1 Our liability shall be limited to proven losses. Subject to the requirements of any applicable laws, we shall not be liable for exemplary, indirect or consequential losses.

9.4.2 For the purposes of Articles 8 and 15 the value of one SDR in the relevant currency on a particular day shall be such sum as the International Monetary Fund has fixed as being the value of one SDR in the relevant currency; (i) that day, or (ii) if no such sum has been fixed that day, the last day on which a sum has been so fixed. We will accept the value of one SDR as published on the official website of the International Monetary Fund (IMF) for the relevant day. The internet address of the IMF website is currently https://www.imf.org/external/np/fin/rates/rms_five.cfm but may change from time to time.

9.5 Limitation of Claims

Any action in court to claim damages and/or compensation under any applicable law must be brought within two years of the date of arrival of the aircraft at its destination, or the date on which the aircraft was scheduled to have arrived, or the date on which your carriage by us ceased. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

ARTICLE 10: PASSENGER CLAIMS

10.1 Passenger Claim

If:

(a) You have a claim for personal injury; or

(b) Your personal representative has a claim for Your death, You or Your personal representative,

as applicable, should notify Us in writing as soon as possible.

10.2 Baggage Claims

10.2.1 If you receive your Checked Luggage without making a complaint, it will be reasonable evidence that the Checked Luggage was delivered in good condition and according to these Conditions, unless you prove otherwise. We will not be liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.

10.2.2 Domestic carriage - Any claim for loss of or damage to Baggage must be made in writing to us within the following timeframes:

• three (3) days in the case of damage to or loss or destruction of an item of Checked Baggage after date of receipt of the item; and
• in the case of delay, within three (3) days from when the item was made available to you

10.2.4 If Your Baggage is delayed for more than 24 hours on an outbound Flight, You are entitled to a one off payment of vt7000. To claim this allowance You must make contact with Our Customer Services Team at the Airport

10.3 Dispute Resolution

If you wish to make a claim against us under or in respect of the services we provide to you, please provide details to us in accordance with our dispute resolution process, you may contact us via [email protected] and include your full name, flight details and ticket number.

ARTICLE 11: SCHEDULES AND CANCELLATION OF FLIGHTS

11.1 Schedules

We will use all reasonable efforts to carry you and your Baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. However, to do so, we may need to use a substitute aircraft, and/or the services of another Carrier or ground transportation operator (Alternative Transport Operator). We may also be obliged to change the time of flights, often for reasons beyond our control, and consequently, times shown in timetables cannot be guaranteed and thus form no part of your contract of carriage with us.  Flight cancellations and delays may occur for many reasons, including for example:

• weather conditions that create a hazard to aviation or which make an airport unsuitable for our use
• insufficient Passenger and cargo bookings to justify operating the proposed flight
• temporary unavailability of fuel or maintenance services at an airport
• airport is temporarily unsuitable for our use due to maintenance issues
• aircraft is unavailable due to maintenance requirements
• strikes or industrial actions which impair our ability to operate the flight as scheduled
• any other unusual or unforeseen circumstances

11.2 Cancellation & Rerouting

11.2.1 We reserve the right to substitute an aircraft and/or Carrier and/or Alternative Transport Operator.

11.2.2 If you or your travelling companion/s cause a flight disruption for any reason, including medical emergency, that requires us to divert the aircraft and disembark you at an airport which is not on our normal route network (that is, to an airport where Air Vanuatu does not operate its own aircraft) you will need to make your own arrangements and bear all costs of travelling for you and your companions from that airport to resume your original itinerary or return to your point of origin on our services. Your Ticket’s fare rules will apply.

11.3 Informing the Customer of Schedule Changes

Where a cancellation or significant alteration is made to our schedule, We will use reasonable efforts to inform you as soon as reasonably practicable of any such cancellation or alteration.

We recommend that a valid contact number and email address is provided to Us at time of your booking.

ARTICLE 12 REFUNDS

In cases where you are entitled to a refund or credit, we will refund or credit the fare paid for your Ticket, or any unused part of it, together with any applicable taxes, Government Authority and airport costs in accordance with the applicable fare rules or Tariff and the following additional rules.

12.1 Who We Will Refund

12.1.1 Except as otherwise provided in this Article 10, we shall be entitled in our absolute discretion to make 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.

12.1.2 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 refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order.

10.1.3 For tickets purchased via our website at www.airvanuatu.com – we will only refund via direct payment into a nominated bank account of the person who has purchased the original Ticket.

12.2 Disrupt / Involuntary Refunds

12.2.1 If we or any of Our Operators cancel a flight, fail to operate a flight reasonably according to schedule, and as a result we fail to provide an alternative means for you to eventually reach the originally intended destination, no refund will be paid.

12.3 Voluntary Refunds

If you are entitled to a refund of the fare for your Ticket for reasons other than those set out in Article 12.2, and you are entitled to a refund in accordance with the applicable fare rules, the amount of the refund shall be as follows:

a) if no portion of the Ticket has been used, an amount equal to the fare paid (including any applicable taxes, Government Authority and airport costs), less any applicable service charges or cancellation fees;

b) if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, (including any applicable taxes, Government Authority and airport costs) less any applicable service charges or cancellation fees.

12.4 Our Right to Refuse Refund

12.4.1 We may refuse a refund where application is made after the expiry of the validity of the Ticket.

12.4.2 If you have been refused carriage as a result of any circumstance described in Article 7.1.6 or Article 7.1.10, we reserve the right to apply any amount paid by you for the flight on which carriage has been refused, against any amount owed by you to us for previous carriage undertaken by you.

12.4.3 In the event you suffer a medical emergency which requires us to cancel, re-route or reschedule a flight, any refundable portion of your Ticket may be used as contribution toward costs of the flight disruption.

12.5 Currency

We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.

12.6 Responsibility of Who Makes a Refund

12.6.1 Voluntary refunds will be made only by the Carrier that originally issued the Ticket or by its authorized agent.

12.6.2 Where you have booked your flight through our website at www.airvanuatu.com we will only make a refund to a nominated Bank account of your choice.

ARTICLE 13: CONDUCT ON BOARD AIRCRAFT

13.1 General

If in our opinion if you conduct yourself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew, including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes or is likely to cause discomfort, fear, intimidation, harassment, inconvenience, damage or injury to other Passengers, the crew or any property, including the aircraft, we may take such measures as we deem necessary to prevent continuation of such conduct, including restraint. You may be off-loaded at any point, prosecuted for offences committed on board the aircraft and we may decide to refuse to carry you at any time in the future.

13.2 Electronic Devices

You may not operate on board the aircraft transmitting devices such as cellular telephones, radio controlled toys and walkie-talkies. If we or Our Operators permit electronic devices such as iPads, tablets, MP3 players, laptop computers or electronic games to be used during the flight, you agree to switch them off for flight take-off and landing. Portable recorders, hearing aids and heart pacemakers may be used without restriction.

13.3 Smoking

Smoking is not permitted on any of our aircraft. The use of e-cigarettes is not permitted on board an aircraft and must be carried as Checked Baggage.

ARTICLE 14: ARRANGEMENTS FOR ADDITIONAL SERVICES

14.1 Subject to applicable law

If we agree to provide additional or alternative services (including surface transportation) to you, we and Our Operators shall have no liability to you for such services except for negligence on our part in making such arrangements or where we have liability under applicable local laws.

14.2 Arrangements

If we arrange for another company to provide such additional services (including surface transportation) to you without us collecting payment from you for those services, we are acting only as your agent in making those arrangements and the terms and conditions of the company providing such additional services (including surface transportation) shall apply to you.

ARTICLE 15: DOCUMENTATION AND OTHER REQUIREMENTS

15.1 General

15.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements, rules and instructions of countries to be flown from, into or through which you transit.

15.1.2 We and Our Operators shall not be liable to you for the consequences of your failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

15.1.3 You should enquire about any local issues and conditions at your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination.

15.2 Travel Documents

Prior to travel, you must present all valid exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to make and retain copies thereof. We reserve the right to refuse carriage if you do not comply with these requirements.

15.3 Refusal of Entry

If you are denied entry into any country, you will be required to pay to us the cost of your transportation from that country. We may apply towards such cost any fare paid to us for unused carriage, or any of your funds in our possession. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.

15.4 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 you being denied entry into any country or your failure to comply with laws, regulations, orders, decisions, demands or other travel requirements of any country or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may use towards such expenditure any fare paid to us for unused carriage on your Ticket, or any of your funds in our possession.

15.5 Customs Inspection

If required, you shall attend inspection of your Baggage, by Customs or other Government Authorities.

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. You agree to submit to any security checks by Aviation Security Services, Government Authorities or airport officials, Carriers or by us.

ARTICLE 16: SUCCESSIVE CARRIERS

None of our Authorized Agents, servants, employees or representatives has authority to alter, modify or waive any provision of these Conditions.