TERMS AND CONDITIONS OF CARRIAGEDelphic Air
Terms & conditions of carriageThe conditions of transportation and the regulations applicable under the legislation in force are part of the ticket selected by the Passenger. In this contract, the term “ticket” means “passenger’s electronic ticket” or ticket confirmation code”, of which these terms and notices form part. The term “Carrier” includes all air carriers which, in accordance with the following transportation conditions, carry or undertake to carry the passenger or his baggage or perform any other service related to air transport. The term “electronic ticket” or “ticket confirmation code” means the Route Receipt issued by or on behalf of the Carrier and the boarding pass. Warsaw Convention means the Convention for the Integration of Provisions relating to International Air Carriage, signed in Warsaw on 12 October 1929 and amended in Hague on 28 September 1955, and in Montreal in 1999.
Any exception or limitation of Carrier’s liability also applies to its agents, employees or representatives and any person whose aircraft is used by the carrier for carriage as well as agents, employees or representatives of that person. No agent or employee or representative of the carrier may modify any provision of this agreement.
The Carrier undertakes to make every possible effort to properly perform the relevant service. In exceptional circumstances, the Carrier can replace aircraft and, if necessary, change scheduled flight routes. The Carrier is not responsible for securing a connection not included in the Passenger’s ticket.
- As used in this contract "ticket" means this passenger ticket and baggage check, or this itinerary/receipt if applicable, in the case of an electronic ticket, of which these conditions and the notices form part, "carriage" is equivalent to "transportation", "carrier" means all air carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage, "electronic ticket" means the Itinerary/Receipt issued by or on behalf of Carrier, the Electronic Coupons and if applicable, a boarding document. "WARSAW CONVENTION" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable.
- Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not "international carriage" as defined by that Convention.
- To extend not in conflict with the foregoing carriage and other services performed by each carrier are subject to:
Ι. provisions contained in the ticket,
ΙΙ. applicable tariffs,
ΙΙΙ. carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of the carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
- Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables. Carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket.
- An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its Agent.
- Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.
- Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered.
- Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.
- No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.
Conditions of contract within Hellas
As used in this contract "ticket" means "Passenger Ticket and Baggage Check". "Damage" includes death, injury, delay, loss or other damage or whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto.
Carriage within Hellas is subject to the rules and limitations relating to liability, established by the Hellenic Code of Air Law (Law 1815/88) limiting Carrier's liability to:
I. in case of injury or death during the transportation of persons up to the amount of EUR 11.738,81 for each passenger
II. in case of total or partial loss, damage or delay of checked baggage the amount of EUR 11,74 per kilo
III. Carriers’ obligation for indemnification cannot exceed the amount of EUR 88,00 for the total of the items carried by each passenger, unless a higher value is declared in advance and additional charges are paid pursuant to Carrier's tariffs or regulations. In that event the liability of Carrier shall be limited to such declared value. In no case shall the Carrier's liability exceed the actual loss suffered by the passenger. All claims are subject to proof or amount of loss. The amounts of limit shown above can be raised or decreased by a decree.
Subject to the foregoing:
I. Carrier is not liable for damage to passenger or unchecked baggage unless such damage is caused by the negligence of Carrier.
II. Carrier is not liable for any damage directly and solely arising out of its compliance with any laws, government regulations, orders or requirements, or from failure to passenger to comply with same.
III. Any exclusions or limitations of liability of Carrier under these conditions shall apply to agents, servants or representatives to the carrier and also to any person whose aircraft is used by carrier for carriage and his agents, servants or representatives.
- Checked baggage carried hereunder will be delivered to the bearer of the baggage check upon payment of all unpaid sums due to Carrier under Carrier's contract of carriage or tariff. In case of damage to baggage complaint must be made in writing to Carrier after discovery of damage and, at the latest, within (7) days from receipt; in case of delay complaint must be made within (21) days from the date the baggage was delivered.
Advise to International passengers on limitation of liability
- Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention and Montreal Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination.
Notice of baggage liability limitations
- Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid as per the Warsaw or the Montreal Conventions.