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Conditions of Carriage

BVI Airways Conditions of Carriage

When you buy a ticket for travel on BVI Airways, you enter into a contract of carriage with us. The terms of your contract are set forth in:

  • your ticket
  • any tariffs that apply
  • our Conditions of Carriage

BVI Airways may amend these Conditions of Carriage at any time, except as provided by law.  Your travel will be governed by the rules that were in effect on the date you purchased your ticket; provided, however, that BVI Airways reserves the right to apply rules currently in effect on the date of your travel where reasonably necessary for operational reason and where the change in rule does not have material negative impact upon you.

Article 1: Definitions

As you read these conditions, please note that:

“We”, “us” and “BVIA” means BVI Airways, domiciled in Tortola, British Virgin Islands.

“You”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a ticket (see also definition for “Passenger”).

“AUTHORISED AGENT” means a sales agent who has been appointed by us to represent us in the sale of our air transportation services.

“BAGGAGE” means such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip.   Unless otherwise specified, it included both your checked and unchecked baggage.

“BAGGAGE CHECK” means the portion(s) of your ticket which relate to the carriage of your checked baggage.

“BAGGAGE IDENTIFICATION TAG” means a document issued by BVIA solely for  the identification of your checked baggage.

“CARRIER” means the  air carrier issuing the ticket on all air carriers that carry or undertake to carry the passenger and/or his baggage thereunder.

“CHECKED BAGGAGE” means baggage of which BVIA takes sole custody and for which we have issued a baggage check.

“CHECK-IN DEADLINE” means the time limit specified by us by which you must have completed check-in formalities and received your boarding pass.

“CONDITIONS OF CONTRACT” means those conditions contained in or delivered with your Ticket or Itinerary/Receipt, which are identified as such and which incorporate by reference these Conditions of Carriage and other notices.

“CONVENTION” means whichever of the following legal foundations is applicable to the contract of carriage:

  • the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on October 12, 1929;
  • the Warsaw Convention as amended at The Hague on September 28, 1955;
  • the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
  • the Warsaw Convention as amended at The Hague in 1975 and by Additional Protocol No. 2 of Montreal (1975);
  • the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999 (hereinafter referred to as the Montreal Convention).

“DAYS” means all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted.

“DESIGNATOR CODE” means the abbreviation used to identify a particular airline.

“ELECTRONIC COUPON” means an electronic flight coupon or other value document held in our database.

“ELECTRONIC TICKET” means the itinerary/receipt issued by BVIA or on our behalf, the electronic coupon(s) and, if applicable, a boarding document.

“FLIGHT COUPON” means that portion of the ticket that bears the notation “good for passage” or, in the case of an electronic ticket, the electronic coupon, and indicates the particular places between which you are entitled to be carried.

“FORCE MAJEURE” means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.

“ITINERARY/RECEIPT” means a document or documents we issue to Passengers travelling on Electronic Tickets that contain(s) the passenger name, flight information and notices.

“PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft with the consent of BVIA.

“PASSENGER COUPON” or “PASSENGER RECEIPT” means that portion of the ticket issued by or on our behalf, which is so marked and which ultimately is to be retained by you.

“STOPOVER” means a scheduled stop on your journey, at a point between the place of departure and the place of destination.

“TARIFF” means the published fares, charges and fees. It may also include the associated Conditions of Carriage of the airline concerned, approved (where required) by the relevant authorities.

“TICKET” means either the document entitled “Passenger Ticket and Baggage Check” or the electronic ticket, in each case issued by us or on our behalf, and including the Conditions of Contract, tariff, notices and coupons.

“UNCHECKED BAGGAGE” means any of your baggage other than checked baggage.

Article 02: Applicability

2.1 General

Except as provided in 2.4 and 2.5, our Conditions of Carriage apply only to carriage on those flights or flight segments where our name or designator code (4V) is indicated in the ticket for that flight or flight segment. These Conditions also apply to gratuitous and reduced fare carriage except to the extent that BVIA has provided otherwise in its regulations or in the relevant contracts, passes or tickets.

2.2 Charter Operations

If carriage is performed on a charter flight agreement, these Conditions of Carriage apply only to the extent that they are incorporated by reference by the terms of the charter agreement and the charter ticket.

2.3 Codeshares

BVI Airways does not currently perform services by arrangements with other carriers known as “codeshares.”

2.4 Overriding law

To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention, where applicable and any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply.  The invalidity of any provision shall not affect the validity of any other provision.

2.5 Conditions Prevail over Regulations

Except as provided herein, in the event of inconsistency between these Conditions and Carriers regulations, these Conditions shall prevail, except where tariffs in force in the United States apply, in which case the tariffs shall prevail.

Article 03: Tickets

3.1 General

3.1.1 BVIA will provide carriage only to the passenger named in the ticket, to which end you will be required to produce appropriate identification.

3.1.2 Tickets are not transferable: only you can use your ticket for the flight concerned.

3.1.3 Some tickets are sold at discounted fares which may be partially or completely non-refundable.

3.1.4 If you have a non-refundable ticket which is completely unused and you are prevented from travelling by force majeure, we will issue you with a credit for the non-refundable part of the fare to be used for future travel on BVIA, as long as you advise us promptly of such force majeure and provide evidence of the same. We will, however, deduct a reasonable administration fee from this credit amount.

3.1.5 The ticket is and remains the property of BVIA at all times.

3.1.6 Except in the case of an electronic ticket, you shall not be entitled to be carried on a flight unless you present a valid ticket containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. In addition, you shall not be entitled to be carried if the ticket presented is mutilated or has been altered by any party other than ourselves or our Authorised Agent. In the case of an electronic ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid electronic ticket has been duly issued in your name.

3.1.7 Should your ticket (or part thereof) be lost or mutilated, or should it not contain the passenger coupon and all unused flight coupons, BVIA will, at your request, replace the ticket or part thereof by issuing a new ticket, provided there is evidence, readily ascertainable at the time, that a ticket valid for the flight(s) in question was duly purchased and provided you sign a written agreement to reimburse us for any costs up to the value of the original ticket which are incurred by us or another Carrier through misuse of the original ticket. BVIA may charge a reasonable administration fee for the issuance of a new ticket. We will not claim reimbursement nor an administration fee from you for any such costs which result from our own negligence.

3.1.8 If the evidence required in 3.1.7 is not available or you do not sign such an agreement, we may, before we issue the new ticket, require you to pay up to the ticket price for a refundable replacement ticket. If, upon finding the original ticket before the expiry of its validity, you present it to us, you will then get a refund.

3.2 Period of Validity

3.2.1 A ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof, except as otherwise provided in the ticket or these Conditions of Carriage.

3.2.2 If you are prevented from starting your travel within the period of the ticket’s validity because BVIA:

  1. cancels the flight on which you hold a reservation; or
  2. omits a scheduled stop being your place of departure, destination or stopover; or
  3. fails to operate a flight reasonably according to schedule; or
  4. causes the passenger to miss a connection; or
  5. substitutes a different class of service; or
  6. is unable to provide previously confirmed space;

the validity of your ticket will be extended until BVIA’s first flight on which space is available in the class of service for which the fare has been paid.

3.2.3 If you are prevented from travelling within the period of the ticket’s validity due to illness, BVIA will extend the ticket’s period of validity until the date when you become fit to travel again, or until our first flight after such date from the point where the journey is resumed on which space is available in the class of service for which the fare was originally paid. Such illness must be documented by a medical certificate. If the flight coupons remaining in the ticket (or, in the case of an electronic ticket, the electronic coupon) involve one or more stopovers, we will extend the validity of the ticket for up to three months from the date shown on the medical certificate provided. In such circumstances, we will similarly extend the period of validity of any further tickets held by your accompanying immediate family.

3.2.4 In the event of death of a passenger enroute, BVIA will extend the validity of the tickets of any persons accompanying the deceased, and will also waive any minimum stay requirements on such tickets. In the event of a death in the immediate family of a passenger who has commenced travel, we will similarly modify the validity of the passenger’s tickets and that of any of their accompanying immediate family. Any such modification shall be made upon receipt of proper death certificate and any such extension of validity shall not be for a period of longer than forty-five (45) says from the date of the death.

3.3 Flight coupon sequence

3.3.1 BVIA  will honour flight coupons only in sequence from the place of departure as shown on the  ticket.  The fare paid is only valid if all the flights are fully flown in the booked sequence. Any changes will result in a recalculation based on your actual flight routing. This does not apply if you are unable to fly all individual flights or in the sequence anticipated on the ticket due to force majeure, illness or for any other reason for which you are not responsible, and if you inform us about and substantiate the relevant reasons immediately per section 3.2.3.

3.3.2 Each flight coupon will be accepted for carriage in the class of service specified therein on the date and flight for which accommodation has been reserved. When flight coupons are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions of the relevant fare and the availability of space on the flight applied for.

3.3.3  If you change your reservation, you must contact us in advance of the travel date. The fare for your new transportation will be calculated and you will be given the option of accepting the new fare or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation owing to force majeure, you must contact BVI Airways as soon as is practical. We will then make every reasonable effort to transport you to your next stopover or your final destination under the contractual conditions originally agreed.

If you change your transportation without our agreement, we will calculate the correct fare for your actual travel. You will then have to pay any difference between the fare you have paid and the total fare applicable for your revised transportation. Please note, however, that any unused coupons will lose their value.

Some changes to your transportation may not result in a change of fare, others, such as changing the place of departure by not flying the first segment, or reversing your direction of travel, can result in a higher fare. In addition, some fares are valid only on the dates and for the flights shown on the ticket. They may not be changeable at all, or only upon payment of an additional fee.

If you fail to show up for a flight without advising us in advance, we may cancel any reservations you have for your return or onward flights.

3.5 Name and address of carrier

Our name may be abbreviated to our Designator Code (XV) in the ticket. Our address is below:

BVI Airways

18 Main Street

Commerce House

Road Town, Tortola

VG 1110

Article 04: Stopovers

RESERVED

Article 05: Fares and charges

5.1 Fares

Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transportation between airports or between airports and city terminals.

5.2 Applicable fares

Applicable fares are those published by or on behalf of BVIA or, if not so published, constructed in accordance with BVIA’s Regulations. Subject to government requirements and BVIA’s Regulations, the applicable fare  is the fare for the flight or flights in effect on the date of commencement  of the  carriage covered by the first flight coupon of the ticket.

Any applicable taxes, charges and fees imposed by government or other authorities or by the operator of an airport will be payable by you. A breakdown of taxes, charges and fees will be provided when you purchase your ticket. In some cases taxes, charges and fees imposed on air travel may change and will therefore be imposed after the ticket has been issued and you will be obligated to pay the difference.

5.3 Currency

All fares, taxes, charges and fees are payable in the currency of the country in which the ticket is issued.

5.4 Optional Payment Fee

If you use a credit card as a form of payment, BVI Airways may charge an optional fee on the ticket as long as it is not prohibited in the country in which the ticket is sold. In the booking process you are therefore obliged to select the country correctly in which the ticket is sold as well as the correct country in which your credit card was issued. If you select a country in which the ticket was not sold or you select a country in which your credit card was not issued, BVI Airways is entitled to retroactively charge you the optional fee on the ticket as long as payment using credit cards in that country is not legally prohibited.

Article 06: Reservations

6.1 Reservation requirements

6.1.1 Reservations are not confirmed until recorded as accepted by BVIA or its authorized Agent.

6.1.2 Certain tariffs may have conditions which limit or exclude your right to change or cancel reservations.

6.2 Ticketing Time Limits

If you have not paid for the ticket (or made credit arrangements with Carrier) prior to the specified ticketing time limit, BVIA may cancel the reservation.

6.3 Personal data

6.3.1 Personal data will be collected for the purposes of: making a reservation, purchasing a ticket and other services you have chosen. For these purposes, you authorise BVIA to retain and use such data and transmit the data to its own offices, Authorised Agents, authorities, other carriers or the providers of the above-mentioned services in whatever country they may be located.

6.3.2 BVI Airways may also give your name and address to third parties if your conduct causes damage or injury to other passengers.

6.3.3 Authorities of certain countries require, for security and immigration purposes, access to passenger travel data related to travelling to and from such countries, and you authorize BVIA to transmit the Advanced Passenger Information (API) data to the domestic and foreign authorities. API data is available on the travel document (passport, ID, visa). Furthermore, we are obliged to communicate to foreign authorities the passenger data stored by us in the Passenger Name Record (PNR), particularly your full name, date of birth, complete home address, telephone numbers, information about your reservation and the reservation of your travel partners, such as date of reservation, itinerary, payment information, Frequent Flyer information, information concerning your historical changes to the PNR et cetera. These PNR data is transmitted to the relevant British Virgin Islands and US authorities. Furthermore, the authorities of some countries such as the US, additionally require the transmission of the API data for flights overflying their territories. You authorize us to transmit the API data in such cases as well.

6.3.4 Under U.S. Law, U.S. Customs and Border Protection (CBP) will receive information on PNR data, about passenger’s flights from the US. The US authorities have made the same requirements to the British Virgin Islands with respect to PNR data from flights between the British Virgin Islands, and US. CBP uses this PNR data for the preventing and combating terrorism and other potential serious crimes and criminal acts against civil aviation. The information will be retained for at least 3 years and six months and may be shared with other authorities. Further information about these arrangements, including measures to safeguard your personal data can be obtained from the CBP’s website. (www.cbp.gov)

6.4 Seating

6.4.1 If you paid for your seat reservation you have a right to a certain seat category based on availability. In case of rebooking made by us (except in cases of complementary upgrades), in case of flight cancellation or in the event of changes made by BVIA for operational, safety, security or other reasons we will refund you the amount paid for your seat if your desired seat category is not available and you paid an extra fee. If you cancel or rebook your ticket the amount paid for the seat reservation will not be refunded.

6.4.2 Complimentary reservations: In case of a complimentary seat reservation we will endeavour to honour advance seating requests; however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security requirements.

6.5 Reconfirmation of reservations

6.5.1 Onward or return reservations may have to be reconfirmed within specified time limits. We will advise you when we require such reconfirmation, and how and where it should be done. Failure to comply with any such requirement may result in cancellation of any onward or return reservations.

6.6 Cancellation of onward reservations

Please note that if you do not show up for a flight without advising us in advance, we may cancel your return or onward reservations. But if you advise us in advance that you will not be taking the initial flight concerned, we will not cancel any subsequent flight reservations.

Article 07: Check-in

7.1 Check-in deadlines vary from airport to airport and we suggest you allow yourself ample time to permit completion of any government formalities and departure procedures and no later than the time indicated.   BVIA reserves the right to cancel your reservations if you do not meet the check-in deadlines indicated. BVIA and our Authorised Agents will advise you of the check-in deadline for your first flight with us and we suggest you verify the check-in deadlines for any subsequent flights. Check-in deadlines for our flights are shown on our company website. www.gobvi.com

7.2 You must be present at the boarding gate no later than the time specified by BVIA when you check in.

7.3 BVI Airways may cancel the seat reserved for you if you fail to arrive at the boarding gate in time.

7.4 BVI Airways will not be liable to you for any loss or expense incurred through your failure to comply with the provisions of this Article.

Article 08: Refusal and limitation of carriage

8.1 Right to refuse carriage

8.1.1 BVI Airways may, through reasonable discretion, refuse to carry you or your baggage if we have given you written notice in advance that we will not carry you on our flights after a particular date. In such cases you will be entitled to a refund.

8.1.2 BVI Airways may also refuse to carry you or your baggage for reasons of safety or if, in the exercise of reasonable discretion, BVIA determines that:

  1. Such action is necessary to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; or
  2. Your conduct, age, or mental or physical state is such as to require special assistance of BVIA or cause discomfort or make you objectionable to other passengers, or involve any hazard or risk to yourself or to other persons or to property or such action is necessary because you failed to observe the instructions of BVIA
  3. The carriage of you or your baggage may endanger the safety, security, health or well-being of other passengers or the crew
  4. Your mental or physical state, including the influence of alcohol or drugs, presents a hazard or risk to yourself, to passengers, to the crew or to property
  5. You have shown misconduct on a previous flight, and we have reason to believe that such conduct may be repeated
  6. You have refused to submit to a security check
  7. You have not paid the applicable fare, taxes, charges or fees
  8. You do not appear to have valid travel documents
  9. You present a ticket that has been acquired unlawfully, the ticket has been purchased from an entity other than us or our Authorised Agent, has been reported lost or stolen or is mutilated or counterfeit, or you cannot prove that you are the person named in the ticket
  10. You have failed to comply with the requirements of Article 3.3 above regarding coupon sequence and use, or you present a Ticket which has not been issued or modified by us or our Authorised Agent, or the Ticket is mutilated
  11. You fail to observe BVIA’s safety or security instructions
  12. You attempt to interfere with any member of the crew
  13. You have an offensive odour not caused by a disability or illness
  14. You are clothed in a manner that would cause discomfort or offense to other passengers or are barefoot.
  15. You were involved in a previous incident with BVI Airways

8.2 Special assistance

BVIA is committed to making travel accessible to everyone.  You will need to contact BVI Airways to ensure we understand your specific accessibility needs.

8.2.1 BVIA requires a passenger, including a qualified individual with a disability, to provide up to 48 hours’ advance notice and check-in one hour before the check-in time for the general public if such passenger wishes to receive any of the following service accommodations:

  1. Provision by BVIA of hazardous materials packaging for a battery for a wheelchair or other assistive device.
  2. Accommodation for a group of ten or more qualified individuals with disabilities who make reservations and travel as a group.
  3. Transportation of an emotional support or psychiatric service animal in the cabin.
  4. Use of a passengers own Personal Oxygen Concentrator (POC).

8.2.2  If BVIA determines that an assistant is essential for safety, we may require that a passenger, including a qualified individual with a disability, meeting any of the following criteria travel with an assistant as a condition of being provided air transportation:

  1. A person who has both severe hearing and severe vision impairments if the person cannot establish some means of communication with BVIA personnel adequate to permit the transmission of the required safety briefing.
    NOTE: If BVIA determines that a person meeting the criteria in subparagraphs (a), (b) or
  2. above must travel with an assistant, contrary to the individual’s self-assessment that he/she is capable of traveling independently, we will not charge for the transportation of the assistant.
  3. A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from BVIA personnel, including the safety briefing
  4. A person with a mobility impairment so severe that the person is unable to physically assist in his or her evacuation of the aircraft;
    1. NOTE: Crew members cannot assist with any medical services, assistance inside the lavatory, or in actual feeding

If, because there is not a seat available on a flight for an assistant whom BVIA has determined to be necessary, a qualified individual with a disability with only one confirmed reservation is unable to travel on the flight, the qualified individual with a disability shall be eligible for denied boarding compensation in accordance with Article 17. For purposes of determining whether a seat is available for an assistant, the assistant shall be deemed to have checked in at the same time as the qualified individual with a disability.

8.3 Children/Infants

8.3.1 Minors under fifteen years of age may only travel if accompanied by an adult or the child’s parent/legal guardian on the same flight and in the same class of service.  BVIA does not accept infants in incubation or infants under seven days old.  Lap children (infants under two years of age) may be carried on an adults lap if a seat has not been purchased.  Only one lap child per adult passenger is accepted.  Additional infants under two years of age must occupy a seat and be ticketed at the applicable adult fare.  Children who have reached their second birthday are required to purchase a seat and occupy a seat with a separate seat belt. BVIA does not accept unaccompanied minors (children under the age of fifteen).

Article 09: Baggage

9.3 Items unacceptable as baggage

9.3.1 You may not include in your baggage:

  1. items which are likely to endanger the aircraft or persons or property aboard the aircraft, including those items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Air Transport Association (IATA) Dangerous Goods Regulations and our own regulations (further information is available on request or via our website)
  2. items whose carriage is prohibited by the applicable laws and regulations of the country of departure or destination
  3. items which we may reasonably consider to be unsuitable for carriage because they are dangerous or unsafe, because they cannot be transported due to their weight, size, shape or character, perishable, or because they are too fragile for the type of aircraft being operated. Information about unacceptable items is available upon request

9.3.2 Firearms and ammunition may not be carried as baggage or accepted as checked baggage.

9.3.3 Weapons such as antique firearms, swords, knives and similar objects may be accepted as checked baggage at BVIA’s discretion, but may not be taken into the cabin of the aircraft.

9.3.4 Your checked baggage may not include any money, medication, keys, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports, other identification documents or samples.

9.3.5 If, despite the above prohibitions, any items specified in 9.3.1, 9.3.2 and 9.3.4 are included in your baggage, we may not be held responsible for any loss or damage to such items. If, despite the above prohibitions, any items specified in 9.3.1, 9.3.2 and 9.3.4 are included in your baggage, our liability in international transportation on routes to and from the U.S. will be limited to that allowed under the applicable convention.

9.3.6 Your checked-in baggage or carry-on-baggage may not contain parcels or objects that you have received from unknown persons. Never accept objects from unknown people for transport.

9.4 Right to refuse carriage

9.4.1 Subject to 9.3.2 and 9.3.3 above, we will refuse to carry as baggage, any items described in 9.3, and may refuse the further carriage of any such items if discovered.

9.4.2 We may refuse to accept baggage for carriage unless it is, in BVIA’s reasonable opinion, properly and securely packed in suitable containers. Information on packing and containers unacceptable for carriage is available upon request.

9.5 Right of search

For reasons of safety and security, BVI Airways may request that you permit a search and scan of your person, and a search, scan or X-ray of your baggage. Your baggage may also be searched and X-rayed in your absence. If you are unwilling to comply with such a request, we may refuse to transport you and your baggage. Should a search, scan or X-ray cause damage to you or your baggage, we may not be held liable for such damage unless it is due to our gross negligence.

9.6 Checked Baggage

9.6.1 Once your baggage is checked and accepted for transportation, it will become our responsibility. BVIA will issue a baggage Identification Tag for each piece of checked baggage. Checked baggage also includes baggage BVIA requests you surrender at the gate and will be covered by your baggage check

9.6.2 All checked baggage must have your name or other personal identification affixed to it prior to being accepted by BVIA.

9.6.3 Checked baggage will be carried on the same aircraft as you if all check-in rules are complied with, unless this is not possible for safety, security or operational reasons. If your checked baggage is carried on a subsequent flight, we will deliver it to you, unless the applicable law requires you to be present for the corresponding Customs clearance.

9.7 Free Baggage Allowance

You may carry free of charge one carry-on bag and one personal item.

9.8 Excess Baggage

You will be required to pay an additional fee for the carriage of baggage in excess of the free baggage allowance. Our excess baggage rates are available from us upon request and on our website. If you wish to transport over 100 kilos of excess baggage (weight concept) or more than 4 pieces (piece concept) and/or bulky items (such as cycles or wheelchairs), you must notify us of such intention in advance. If you fail to do so, we reserve the right to refuse carriage of such excess baggage and/or bulky items. Any excess baggage which you wish to transport as air cargo must be handed in at least 24 hours before you check in for your flight.

9.9 Unchecked Baggage

9.9.1  Any baggage carried onto the aircraft must fit under the seat in front of you, or in an enclosed storage compartment in the aircraft cabin. If your baggage cannot be stored in this manner, or if it is of excessive weight, or is otherwise considered dangerous, you will be asked to surrender it and it will be carried as checked baggage.

9.10 Collection and delivery of baggage

9.10.1 You are required to collect your checked baggage as soon as it is made available at your destination or stopover. We may charge you a storage fee if your checked baggage is not collected within a reasonable time. If you do not collect your checked baggage within ninety (90) days of it being made available, we may dispose of it without any liability to BVI Airways.

9.10.2  Only the bearer of the baggage check and identification tag delivered to you at the time the baggage was checked, is entitled to delivery of baggage.  Failure to exhibit the baggage identification tag shall not prevent delivery provided the baggage check is produced and the baggage is identified by other means.

9.10.3 If a person claiming checked baggage is unable to produce the baggage check and identify the baggage by means of a baggage identification tag, BVIA will deliver the  baggage to the person only if such person can prove their entitlement to collect it to BVIA’s satisfaction.

9.11 Animals

Animals can be carried, subject to the following conditions:

9.11.1 You must 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. Animals not meeting these criteria cannot be carried. Additional provisions for the carriage of animals are available from us on request.

9.11.2 BVIA does not accept animals as checked baggage.

9.11.3 Guide dogs accompanying visually impaired passengers will be carried free of charge in addition to the normal free baggage allowance,

9.11.4 In cases where the carriage of an animal is not subject to the liability provisions of the Convention, we may not be held liable for any injury to or the loss, sickness or death of the animal which we have agreed to carry, unless such events are attributable to gross negligence on our part.

9.11.5 BVI Airways assumes no liability for any animal not having all the necessary entry, exit, health and other documents relating to the animal’s entry into or passage through any country. In such cases, the person accompanying the animal will be required to reimburse BVIA for any fines, reasonable costs, losses or compensation payments which we incur as a result of such documentary inadequacies.

Article 10: Schedules, cancellation of flights

10.1 Schedules

9.1.1 BVIA undertakes to use its best efforts to carry you and your baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel.

9.2 Cancellations, re-routings and delays

If due to circumstances beyond its control BVIA cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a your stopover or destination point, or causes you  to miss a connecting flight  and on which you  hold a reservation, BVIA shall  either:

  1. carry you on another scheduled passenger flight on which space is available; or
  2. reroute you to the destination  indicated on the ticket  or  applicable portion thereof by its own scheduled services or the  scheduled services of another carrier, or by means of surface If the sum of   the fare, excess baggage charge and any applicable service charge for the  revised routing is higher than the refund value of the ticket or applicable portion thereof,  BVIA shall  require no additional fare or charge be paid by you.

9.2.3 If, due to overbooking, we are unable to provide a seat for you on a flight for which you hold a confirmed reservation, we will provide denied boarding compensation in accordance with the applicable law and BVIA’s denied boarding regulations (see Article 16).

Except in the case of its acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, BVIA shall not be liable for errors or omissions in timetables or other  published schedules,  or for representations made by employees, agents or representatives of BVIA as to the dates or times of departure  or arrival or as to the Operation  of any  flight.

Article 11: Refunds

On failure by BVIA to provide carriage  in accordance  with  the  conditions  of carriage, or  where  a  passenger  requests a voluntary  change  of  his or  her arrangements, refund for an unused ticket or portion thereof shall be made by BVIA in accordance  with this Article.

BVI Airways will refund tickets or any unused flight coupons in accordance with the applicable tariff provisions as follows:

11.1.1 Unless otherwise provided in this Article, BVIA shall make refund either to the person named on the ticket or to the person who paid for the ticket, provided satisfactory proof can be produced of such payment.

11.1.2 If the ticket has been paid for by a person other than the passenger named on it, and if the ticket indicates that there is a restriction on refunds, BVIA shall make the refund only to the person who paid for the ticket to that persons order.

11.1.3 Except in the case of a lost ticket, refunds will only be made on surrender to BVIA of the your coupon or passenger receipt and surrender of all unused flight coupons.

11.1.4 A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself out as a person to  whom refund may be made in terms of  11.2.1 or  11.2.2 shall he deemed  a  proper refund and shall discharge BVIA from liability and any further claim for refund.

11.1.5 Refunds of flight tickets paid for via credit card will only be credited to the account used to pay for the tickets originally. The refund amount shall conform solely to the amount and currency specified on the flight ticket in accordance with the terms and conditions of this clause. The refund amount credited to the credit card holder’s account may deviate from the amount originally paid for the refunded flight ticket due to conversions and fees levied by the credit card company. These deviations shall not constitute grounds for claims against BVIA by the refund recipient.

11.2 Involuntary refunds

11.2.1 If BVIA cancels a flight, fails to operate a flight reasonably according to schedule, fails to stop at a point to which you are destined or ticketed to stopover, is unable to provide previously confirmed space or causes you to miss a connecting flight and which you hold a reservation, the amount of the refund shall be:.

11.2.2 If no portion of the flight coupons have been used, BVIA will refund the fare paid, including all taxes, charges and fees.

11.2.3 If a portion of the ticket has been used, the refund will be the higher of the one way fare (less applicable discount and charges) from point of interruption to destination or point of next stopover, or the difference between the fare paid and the fare for the transportation used.

11.3 Voluntary Refunds

If you wish  a refund of your ticket for reasons other than those set out in this Article,  the amount of the  refund shall   be:

if no portion of the ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation  fees;

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, less any applicable service charges or cancellation fees.

11.4 Refund on lost ticket

If a ticket or portion thereof is lost, refund will be made on proof of loss satisfactory to BVIA and upon payment of any applicable service charge, on condition:

  1. that the lost ticket, or portion thereof, has not been used, previously refunded or replaced;
  2. that the person to whom the refund is made undertakes, in such form  as may be prescribed by BVIA, to repay to carrier the amount refunded in the event and to the extent that the lost ticket or portion thereof  is used by any  person or that refund thereof  is made to any  person in possession of the

11.5 Right to refuse a refund

11.5.1 BVIA may refuse to make a refund if you do not apply for such a refund until after the validity of the ticket concerned has expired.

11.5.2 BVIA may refuse a refund on a ticket which has been presented to us, or to an authority, as evidence of an intention to depart from the country concerned, unless you can demonstrate to BVIA’s satisfaction that you have permission to remain in the country, or that you will be departing from that country on another carrier, or by another means of transport.

11.6 Currency

All refunds will be subject to Government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the  country in which the refund is being made. Subject to the foregoing provision, refunds will  normally  be made in the currency  in which the ticket was  paid for,  but may be made in another currency in accordance with BVIA’s Regulations.

Article 12: Conduct aboard aircraft

12.1 General

If any person conducts themselves in such a way so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, especially with respect to smoking, alcohol, illicit drug consumption, or behaves in a manner to which other passengers may reasonably object, BVIA may take such measures deemed reasonably necessary to prevent the continuation of such conduct, including restraint. The person may be removed from the aircraft and refused onward carriage, and may be prosecuted for any offences committed at the airport or on board the airplane.

It is forbidden to consume any alcohol which you may have personally brought on board. It is also forbidden to bring any illicit drugs on board, or to consume them on board.

Smoking is prohibited on all BVI Airways flights.

12.2 Electronic devices

For safety reasons, BVIA may prohibit or restrict the use of electronic equipment on board the airplane, especially cellular phones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, radio-controlled toys and walkie-talkies. The use of hearing aids and heart pacemakers is permitted.

Article 13: Arrangements by BVIA

13.1 If in the course of concluding the contract of carriage by air, BVIA also agrees to make arrangements for the provision of additional services., BVIA shall have no liability to you except for negligence on its part in making such arrangements.  Extra charges may apply to additional services. The terms and conditions of additional services are subject to change and charges may vary depending on the time and the channel of purchase.

Article 14: Administrative formalities

14.1 General

14.1.1 You are responsible for obtaining all the requisite travel documents and visas, and for complying with all laws, regulations and directives of the countries you fly from, to, or through during your travel. You are also responsible for finding out which immigration documents are required for your travel.

14.1.2 BVI Airways shall not be liable for any failure on your part to obtain the requisite immigration documents or visas, or for any non-compliance on your part with the laws, regulations and directives of the countries concerned.

14.2 Travel documents

Prior to travel, you must present all entry, exit, health and other documents required by law, regulation or directive of the countries concerned. We are entitled to make and retain copies of these documents, or to scan your documents electronically. We reserve the right to refuse carriage if you do not comply with these requirements, or if your travel documents do not seem to be in order.

14.3 Refusal of entry

If you are denied entry into a country, you will be responsible for paying any fine or charge levied against BVI Airways by the authorities concerned, and for the cost of transporting you from that country. The fare collected for your carriage to the point at which you were denied entry will not be refunded.

14.4 Passenger’s liability for fines, detentions costs etc.

If we are required to pay any fine or penalty, or incur any expenditure through your failure to comply with laws, regulations or directives in any country, or if you are unable to produce the documents required, you will be required to reimburse BVI Airways on demand, for any amount paid or expenditure incurred. We are entitled to put the value of any unused Coupons in your Ticket, or any other amounts owed to you towards such payment or expenditure.

14.5 Customs inspection

You must attend any inspection of your baggage by Customs or other authorities upon demand. We are not liable for any loss or damage suffered by you in the course of such inspection, or through your failure to comply with this requirement.

14.6 Security inspection

You must submit to any security checks ordered by authorities, airport officials, Carriers or BVI Airways.

Article 15: Successive carriers

RESERVED

Article 16: Liability for damage

16.1 General Provisions

16.1.0 BVIA’s liability will be limited as specified in, as and if applicable (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, October 12, 1929, as amended (“Warsaw Convention”), but subject to Agreement entered into by BVIA pursuant to 14 CFR Part 203 or (ii) the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, May 28, 1999 (“Montreal Convention”).

16.1.1 On flights which the Montreal Convention applies, BVIA’s limit of liability, if any, for the loss, damage or delay in the carriage of baggage (whether checked or carry-on) shall be limited to 1,131 Special Drawing Rights (SDR’s) per ticketed passenger.  The conversion rate, available at www.imf.org, in effect on the date of loss will be used for determining maximum liability amount

16.1.2 On flights which the Warsaw Convention applies, BVIA’s limit of liability, if any, for the loss damage or delay in the carriage of baggage (i) checked baggage shall be limited to 17 SDR’s per pound, or actual value, whichever is less.  The conversion rate, available at www.imf.org, in effect on the date of loss will be used for determining maximum liability amount. Absent evidence to the contrary, bags will be presumed to weigh 20 pounds.

16.1.3  BVIA does not accept declarations of higher value of accept fees based on such declarations.

16.1.4 Passengers who incur incidental expenses as a result of delayed baggage delivery will be reimbursed per established (DOT) guidelines, subject to the above limitations of liability (as applicable). Any amounts paid to the passenger for incidental expenses will be deducted from the total loss amount prior to check issuance.

16.1.5 BVIA will not be liable for loss or damage to carry-on baggage unless such damage is caused by BVIA or its Authorized Agent’s negligence, which does not include damage resulting from turbulence, shifting of items during flight or ordinary handling, including placing baggage in overhead compartments or under seats.

16.1.6   BVIA’s employees and Authorized Agents are not liable to passengers.

16.2.2  BVIA’s liability shall not exceed the amount of proven damages.  BVIA shall furthermore not be liable for indirect or consequential damages;

16.2.3  BVIA is not liable for injury to you or for damage to your baggage caused by property contained in your baggage.  Any passenger whose property causes injury to another person or damage to another person’s property or to BVIA’s property shall indemnify BVIA for all losses and expenses incurred by BVIA as a result thereof;

16.2.4  BVIA is not liable for damage to fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identifications documents or sample, which are included your checked baggage.   

16.3.8 If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, BVIA shall not be liable for any illness, injury or disability, including death, attributable to such conditions or for the aggravation of such condition;

16.3.4 Any exclusion or limitation of BVIA’s liability shall apply to and before the benefit of Authorized Agents, employees and representatives of BVIA and any person whose aircraft is used by BVIA and such person’s agent, employees and representatives. The aggregate amount recoverable for BVIA and from such agents, employees, representatives and personal shall not exceed the amount of BVIA’s limit of liability.

16.3.5  Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of BVIA under the Convention or applicable lase.

Article 17: Compensation for overbooking

17.1 As passengers with confirmed reservations sometimes fail to show up for their flight, BVIA reserves the right to sell more tickets for travel on each flight that there are seats available on the aircraft.  In some cases this may result in BVIA having to refuse carriage to you as a result of such overbooking if:

  1. You hold a properly-issued ticket and we or our Authorised Agent confirmed the reservation with due regard to all applicable regulations, and
  2. You reported to check-in within the specified time.

17.1.2 If a flight is oversold, you will not be denied boarding against your will until BVIA first requests volunteers who will give up their reservations willingly in return for appropriate compensation.

17.1.3 Due to the special needs of passengers with disabilities, aged or infirm passengers, BVI A BVIA will give priority when assigning seats available on an overbooked flight. The priority of all remaining passengers may be determined based on fare class, and the time in which the passenger checks in for the flight. BVIA may also establish other non-discriminatory criteria when assigning such seats.

17.1.4 BVIA will provide transportation to passengers who volunteer to relinquish their seats or who are denied boarding involuntarily due to the overbooking of the flight as follows:

  1. next available flight at no additional cost to you
  2. at BVIA’s discretion, we may book you on another carrier or combination of carriers to your destination at no additional cost to you
  3. if an overnight stay is required, BVIA will provide hotel accommodations to you at no additional cost. If hotel accommodations are unavailable, BVIA will provide a credit voucher for future travel on BVIA up to $100 USD as determined by BVIA.

17.2 Compensation for departures within the US (REVISIT)

17.2.1 Should we deny boarding to you from a departure airport in the United States, the following provisions shall apply instead of 16.1 above:

  • No compensation if BVIA offers alternate transportation that is planned to arrive at your destination or first stopover not later than one hour after the planned arrival time of your original flight.
  • 200% of the fare to your destination, with a maximum of $650, if BVIA offers alternate transportation that is planned to arrive at your destination more than one hour but less than four hours after the planned arrival time of your original flight.
  • 400% of the fare to your destination, with a maximum of $1,350 if BVIA does not offer alternate transportation that is planned to arrive at the airport of your destination less than four hours after the planned arrival time of your original flight.

“Alternate transportation” is air transportation with a confirmed reservation at no additional charge (by any scheduled airline licensed by DOT), or other transportation accepted and used by BVIA in the case of denied boarding.

17.3 Exceptions

We will not be obligated to compensate you in the event of denied boarding as stated above, if you are flying on a flight free of charge, or on a reduced-fare ticket which is not available either directly or indirectly to the public, or if circumstances prevail which entitle us, in accordance with these Conditions of Carriage and the relevant legal provisions, to refuse your carriage.

Article 18: Time limitation on claims and actions

18.1 Notice of Claims

18.1.1 The acceptance of baggage by you as the bearer of the baggage check without complaint at the time of delivery will be considered sufficient evidence that we have delivered the baggage in good condition and in accordance with the contract of carriage, unless you prove otherwise.

18.1.2 If you wish to file a claim or an action regarding damage to checked baggage, you must notify us as soon as you discover the damage and, within seven (7) days at the latest of receipt of the baggage. If you wish to file a claim or an action regarding a delay to the delivery of checked baggage, you must notify us within twenty-one (21) days of the date the baggage is placed at your disposal. All such notifications must be made in writing.

18.2 Limitation of actions

Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at the destination, the date on which the aircraft was scheduled to arrive or the date on which carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.

Article 19: Modification and Waiver

The Contract of Carriage and its associated legal provisions are subject to British Virgin Island law, unless the application of another national law is mandatory.  No Agent, employee or representative of BVIA has authority to alter, modify or waive any provision of these Conditions of Contract

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