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| Date 11 - 05 - 2006 | ||
| Introduction | ||
| In these terms and conditions of carriage, herein called conditions, Air West Coast Ltd, West Coast Scenic Flights and West Coast Scenic Flights and Charter are referred to as Air West Coast. These conditions apply to all carriage of passengers and baggage by Air West Coast. These conditions are to be read in conjunction with and subject to the provisions of all applicable laws including the limitations of liability in the Carriage by Air Act 1967 and the Carriage of Goods Act 1979. Air West Coast reserves the right to change these conditions without notice at any time giving due regard to contracted passengers interests. | ||
| 1. Contract of Carriage | ||
| (a) All carriage of passengers and baggage shall be performed pursuant to a contract of carriage between Air West Coast and the passenger. This contract of carriage shall be in such form whether involving ticketing or otherwise as Air West Coast may determine. All Contracts of Carriage shall be subject to Rules which Air West Coast may make from time to time relating to such matters as terms of issue, period of validity, requirements of payment, fare structure, check in requirements, carriage of children and otherwise as Air West Coast may determine. | ||
| (b) A reservation for any carriage is not effective unless a contract of carriage has been entered into. A reservation is not a contract of carriage. A contract of carriage does not guarantee or entitle carriage in any particular seat or on any particular aircraft. A contract of carriage does not guarantee timely or other performance of any carriage. These Conditions apply also to gratuitous carriage except as may otherwise be set out in this contract. All contracts of carriage are subject to all the provisions of these Conditions. Air West Coast carries passengers on flights in New Zealand on contracts that consist of these conditions, any applicable international conventions, any applicable domestic New Zealand laws and Air West Coast’s oral or written directions to passengers. | ||
| (c) Where Air West Coast is unable to commence or continue any flight or carry any contracted passenger, it will endeavour to provide alternative carriage. If alternative carriage is not possible the passenger may re-book with Air West Coast or receive a refund. A passenger who is refused carriage may receive a refund for such part of the carriage as may be applicable. Air West Coast has no obligation to a passenger who is late for or misses any flight. Passengers on a charter positioning flight that does not proceed will receive a refund. | ||
| (d) Air West Coast reserves the right to cancel or amend flights or schedules without notice, which must be understood in conjunction with condition 4 (f). | ||
| 2. Passenger and Baggage Weights and Conditions. | ||
| (a) Air West Coast may refuse to carry any passenger and / or baggage for any reason whatsoever. | ||
| (b) The New Zealand Civil Aviation Authority rules require passengers’ actual or declared weights for every person on board the aircraft. Air West Coast therefore requires all passengers to give their weight details prior to flight to the booking agent or enter them online for all on line bookings. | ||
| (c) Air West Coast is not liable for loss, damage to or delay in the delivery of fragile or perishable articles, money, jewellery, precious metals, negotiable papers, securities or other valuables (including but not limited to cameras and electronic equipment), business documents or samples which are included in the passenger's checked baggage, whether with or without the knowledge of the airline. Such personal valuables are carried at the passenger’s own risk and should be carried on the passenger’s person or with the passenger in the cabin under the passenger’s care. Air West Coast reserves the right to search any passenger or baggage to ensure compliance with these conditions. Claims for immediately identifiable baggage damage or loss must be reported to Air West Coast prior to the passenger leaving the airport. All damage not immediately identifiable must be reported to Air West Coast on discovery and at least within 24 hours of travel. | ||
| (d) Baggage is limited to 15 kg per
paying passenger. Weight in excess of 15 kg may be carried at the
discretion of Air West Coast, subject to space and weight availability,
at a surcharge of $5.00/kg. Air West Coast will not be responsible
for baggage consigned by other means where it is unable to be carried
on a passenger's flight. For safety reasons, the following types
of restricted articles must not be carried in passengers baggage:
Animals, items that may be or become dangerous, such as briefcases
installed with alarms, compressed gases, corrosives (including acids,
alkalis, wet cell batteries and items containing mercury), explosives,
flammable, oxidizing materials and poisons, radioactive materials,
items prohibited by any applicable law, regulation or order; or
weapons, knives, firearms and ammunition (except for hunting or
sporting purposes, in which case they must be packed in accordance
with all applicable laws, regulations and Air West Coast directions,
notified to Air West Coast prior to carriage and carried as checked
baggage). In the event of a passenger attempting to bring any such
item on board and Air West Coast discovering it, Air West Coast
may do whatever it considers appropriate in the circumstances, including
disposing of the item without prior notification. |
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| 3. Dangerous Goods | ||
| (a) Dangerous goods shall not be carried. A list of common dangerous goods is displayed at check-in counters and further information is available on request. Passengers are requested to clarify any doubtful items prior to check in. Common examples are: knives, scissors, compressed gases (some common camping equipment); flammable liquids and solids (strike anywhere matches, lighter and heater fluids, flammable aerosols); weapons, firearms, ammunition or explosives, poisons (not including medical prescriptions). Further information on dangerous goods is available at the airport. | ||
| 4. Bookings and Payment | ||
| (a) Fares for Regular Service, Scenic and Charter flights apply only for carriage from airport of departure to airport of arrival. No person may embark upon any flight without first paying in full unless by prior arrangement with the booking office. | ||
| (b) Regular Service flights may be booked and paid for with Air West Coast, its authorized agents, or online at www.airwestcoast.co.nz All advance bookings shall be paid within 48 hours of booking or the booking may be cancelled unless other prior arrangements have been made. All fares are quoted in New Zealand dollars and include Goods & Service Tax (GST). Electronic tickets will normally be issued and emailed, faxed or otherwise given to customers, who must provide identification if requested at the airport of departure. | ||
| (c) Scenic flights may be booked
and paid for either with Air West Coast or its authorized agents.
All fares are quoted in New Zealand dollars and include Goods &
Service Tax (GST). |
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| (d) Charter flights must be booked and paid for only with Air West Coast. Quotations will be in New Zealand dollars and exclude Goods & Service Tax. | ||
| (e) The price of any ticket may include significant amounts of taxes, charges and fees imposed on air transport by governments, government authorities and airport operators. For the purpose of determining applicable fares in respect of infants and children, the following definitions apply: Infants are defined as persons who have not yet attained their third birthday. Children are defined as persons who have not yet attained their twelfth birthday. Children and infants qualify for a reduced fare and must be accompanied by an adult fare paying passenger, unless by prior arrangement directly with Air West Coast. | ||
| (f) At time of booking, the passenger must provide reliable contact details to Air West Coast (Ph. 0800 AIRWEST or 03 738 0524), or to travel agent, or enter them online at www.airwestcoast.co.nz, to ensure that the passenger can be contacted within 24 hours of the flight departure time, particularly in the last 3 hours, if the airport is closed, flights are changed or cancelled, or any other need arises. Suitable contacts include a mobile, pager or other phone by which the passenger can be contacted with reliability, or email or faxes which the passenger undertakes to check at least 3 hours before departure. Passengers who cannot provide reliable contact details must ring Air West Coast directly at 0800 AIRWEST (0800 247 9378) or 03 738 0524 at least 3 hours before departure to confirm flight details. If passengers do not provide reliable contact details or ring Air West Coast as above, Air West Coast cannot guarantee their flight and shall not be liable in any way for any inconvenience, missed flights, or any other adverse effects arising from lack of direct contact with Air West Coast. | ||
| 5. Cancellations or Changes | ||
| (a) All cancellations and transfers must be made directly with Air West Coast by phone at 0800AIRWEST or (03) 738 0524 or by email to bookings@airwestcoast.co.nz. | ||
| (b) If any passenger cancels his/her
flight more than 24 hours prior to the flight departure time, the
passenger may fly on another flight within 12 twelve months of the
original flight date without any additional charge. |
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| (c) If the booking is cancelled 24 hours or less before the flight departure time, the passenger may fly on another flight within 12 twelve months of the original flight date, subject to payment of a rebooking fee of $25 at the time of rebooking. | ||
| (d) If any passenger misses any flight [including a passenger who does not comply with 4 (f) ], without ringing Air West Coast at least I hour before flight departure to advise cancellation, the passenger may fly on another flight within 12 twelve months of the original flight date, subject to payment of a missed flight rebooking fee of $60 at the time of rebooking. Passengers who miss their flight without cancelling it prevent other passengers from flying in their place. | ||
| (e) Any booking or rebooking may be transferred without charge to another passenger by advising Air West Coast directly at least 2 hours before flight departure of the original passenger’s name, flight and date and the new passenger’s name, flight, date and other necessary details, and such transfer will be valid for 12 months from the original flight date. | ||
| (f) If there is any likelihood of airport closure at Wellington, Westport or Greymouth on the day of departure, through bad weather, low cloud, or any other cause, please ring Air West Coast directly on 0800 AIRWEST (0800 247 9378) or (03) 738 0524 at least 3 hours before departure in case travel arrangements have changed. | ||
| 6. Airport Facilities | ||
| (a) Due to the size of Greymouth and Westport Airports, passenger facilities are made available there by Air West Coast ground staff 30 minutes before aircraft arrival and 10 minutes after aircraft departure. | ||
| (b)All arrivals and departures at Wellington Airport are handled at Air West Coast’s service counter located at Gate 4 in the domestic terminal. If the counter is unattended, please wait or contact Air West Coast on 0800 AIRWEST (0800 247 9378) or 03 738 0524. | ||
| 7. Check-in Policy | ||
| (a) Passengers must check in at least 20 minutes prior to scheduled departure time. To comply with Air Security regulations and to ensure timely service, check-in may not be possible from 10 minutes prior to scheduled departure time. At check-in passengers should simply state their name at the check in counter or to Air West Coast’s pilot and present their baggage and Booking Reference number or electronic ticket. No forms are required at the airport, but personal identification may be requested, and evidence of age may be required for those travelling on Child Fares. A confirmation of a passenger’s reservation is available on request for the passenger’s records. Air West Coast will endeavour to honour seating requests but does not guarantee any particular seat to any passenger. Passengers must accept any seat allotted on the flight. | ||
| 8. Passengers with Special Needs | ||
| (a) Passengers with mobility problems or in wheelchairs can be accepted for carriage only by prior arrangement with Air West Coast. Wherever possible, appropriate arrangements will be made for the passengers to be assisted on and off the aircraft. Passengers requiring special care and assistance during a journey should travel with a companion who can provide this. Air West Coast staff are unable to meet individual special needs before, during or after the flight. Every infant or child must be accompanied by an adult who will take full responsibility for the infant or child’s supervision and control at all stages of the journey before, during and after the flight, accept by special arrangement with Air West Coast. One adult may not take any more than two children and or infants on board any Air West Coast flight accept by special arrangement with Air West Coast | ||
| 9. Insurance | ||
| (a) Passengers must make their own arrangements for personal and baggage insurance. | ||
| 10. Right to Refuse Carriage | ||
| (a) Air West Coast may refuse to carry any passenger for any reason whatsoever. Air West Coast reserves the right to refuse carriage to any person who seeks to travel in violation of applicable laws or Air West Coast’s contract of Carriage, or is otherwise in breach of these Conditions, or under the influence of drugs or alcohol. Air West Coast may refuse carriage to any person for reasons of health or safety or the comfort of other passengers or for the protection of property, or if the passenger has not paid the applicable fare fees charges or taxes or has failed to observe any reasonable instruction of Air West Coast or its servants or agents. | ||
| 11. Limitation of Liability | ||
| (a) Air West Coast has no obligation or liability to any passenger for any unperformed or delayed carriage except as set out in these Conditions. In particular Air West Coast has no liability for any missed connections or appointments or for any consequential or other loss. This limitation of liability extends to Air West Coast’s agents, officers, servants and representatives. | ||
| 12. No Waiver of Conditions | ||
| (a) No agent, representative, or employee of Air West Coast is authorised to waive the application of any of these Conditions or of any Rules. | ||
| 13. Smoking | ||
| (a) In accordance with the Civil Aviation Act 1990 and Civil Aviation Rules, smoking is not permitted on any Air West Coast aircraft at any time. No smoking is permitted within 20 metres of the aircraft while parked at any time. | ||
| 14. NZ Law and Notices | ||
| (a) These Conditions shall be governed by and interpreted in all respects in accordance with New Zealand law and subject to the jurisdiction of the New Zealand courts. If in accordance with the contract of carriage the passenger's journey has a destination or stop in another country other than the one from which the passenger departs, a treaty known as the Warsaw Convention or variants of it may govern the liability of all airlines involved in the journey and may affect the availability and limit of damages that can be recovered for death or injury and may operate notwithstanding the provisions referred to in the following paragraph. | ||
| (b) Carriage of passengers or goods wholly within New Zealand which is not international carriage as defined by the Warsaw Convention is subject to the provisions of the Carriage by Air Act 1967 as amended and the Carriage of Goods Act 1979 and other applicable laws. The Carriage by Air Act 1967 and the Carriage of Goods Act 1979 provide for and place limitations upon damages and compensation which may be recovered against the carrier with regard to carriage of passengers and goods by air in the event of loss or damage or delay. With regard to the carriage of passengers this advice should be read in conjunction with the advice contained in the following paragraph. | ||
| (c) Overseas visitors to New Zealand
are advised that compensation for personal injury or death by accident
within New Zealand is covered by a statutory no fault scheme continued
under the Accident Insurance Act 1998. Where applicable this Act
substitutes limited statutory compensation on a no fault basis for,
and in extinction of, common law rights for damages for death and
personal injury and continues restrictions on any person seeking
to obtain compensatory damages for the personal injury through any
proceedings in a New Zealand court. |
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| CONTACTS.
www.airwestcoast.co.nz Phone: 0800AIRWEST (0800 247 9378) |
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2010 © Air West Coast. All rights reserved |
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