Hebridean Air Services Terms and Conditions of Carriage Specific to the Argyll Air Service ARTICLE 1 - DEFINITIONS  In these Conditions of Carriage the following terms have the meanings set out below:  "We", "Our", "Ourselves" and "Us", means Hebridean Air Services Limited.  "You", "Your", and "Yourself" means any person except members of the crew, carried or to be carried in our aircraft with our consent (see also definition of "Passenger").  "Agreed Stopping Place" means those places, except the place of departure and the place of destination, set forth in the ticket or shown in our timetables as places at which the aircraft is scheduled to stop en route.  "Baggage" means any of your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked Baggage and Unchecked Baggage.  “Baggage Check” means those portions of the Ticket that relate to the carriage of your Checked Baggage.  “Baggage Identification Check” means a document issued solely for identification of Checked Baggage.  “Carrier” means an air carrier other than Ourselves, whose airline designator code appears on your ticket.  “Carrier’s Information Pages” means rules, other than these Conditions of Carriage, published by Us and in effect on the date of booking governing carriage of Passengers and/or Baggage and shall include applicable Tariffs in force and which are available at Our offices, check-in and on Our Website.  “Checked Baggage” means Baggage of which we take custody and for which we have issued a Baggage Identification Tag.  "Check-in Deadline" means the time limit specified by which You must have completed check-in formalities and received your boarding pass.  "Conditions of Carriage " means these Conditions of Carriage for Passengers and Baggage.  "Conditions of Contract " means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices. "Confirmation Number" means the number you are given by Us to identify each flight reservation made by You that is confirmed by us.  "Convention" means whichever of the following instruments are applicable from time to time and to the extent to which they apply to the journey shown on any Ticket issued to You by Us:  the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as “The Warsaw Convention”);  The Warsaw Convention as amended by The Hague Protocol on 28 September 1955;  The Warsaw Convention as amended by Additional Protocol No 1. of Montreal (1975).  The Warsaw Convention as amended at The Hague and by Additional Protocol No 2. of Montreal (1975).  The Warsaw Convention as amended at The Hague and by Additional Protocol No 4. of Montreal (1975).  Guadalajara supplementary Convention (1961) (Guadalajara);  The Montreal Convention (1999);  "Damage" includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft or other damage to Baggage arising out of or in connection with carriage or other services incidental thereto performed by Us.  “Days” mean calendar days, including 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 provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.  “EC Regulation” means Council Regulation 2027/97 on air carrier liability in the event of accidents.  “ECU” means the unit of account in drawing up the general budget of the European Communities in accordance with Articles 207 and 209 of the Treaty of Rome.  “Force Majeure” means unusual and unforeseeable circumstances beyond Your or Our control, the consequences of which could not have been avoided even if all due care had been exercised.  “Passenger” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket (See also definition for “You”, “Your” and “Yourself”).  “SDR” or “Special Drawing Right” means a Special Drawing Right as defined by the International Monetary Fund from time to time and the equivalent value in other currencies of which is published in the Financial Times. (At the time of printing 1 SDR was approximately equal to £0.82)  “Tariff” means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.  “Ticket” means the confirmation of flight details (including the Confirmation Number), and includes the Conditions of Contract, and notices issued by us or on our behalf (whether in the form of a confirmation letter or email or the equivalent information on our Website).  “Unchecked Baggage” means any of your Baggage other than Checked Baggage. “Website” means the internet site www.hebrideanair.com provided by Us for the purpose of Passengers making online reservations.   ARTICLE 2 - APPLICABILITY   2.1 GENERAL  Except as provided in this Article 2, these Conditions of Carriage apply only to carriage by air of Passengers and Baggage performed by Us and to any liability We may have in relation to that carriage by air. The Terms and Conditions contained within the Ticket, your itinerary or receipt or any ticket wallet shall form part of these Conditions of Carriage.   2.2 CHARTER OPERATIONS  If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the charter agreement or the Ticket.   2.3 OVERRIDING LAW  These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail. If any provision of these Conditions of Carriage is held invalid under any applicable law, the other provisions shall nevertheless remain valid.   2.4 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.   2.5 VARIATION OF CONDITIONS  No variation of these Conditions of Carriage is valid unless made in writing by one of our Directors and published on our Website   ARTICLE 3 - TICKETS   3.1 GENERAL PROVISIONS 3.1.1 The Ticket, these Conditions of Carriage, Tariffs, our Carrier's Information Pages and the important information contained on our Website together constitute the terms and conditions of the Contract of Carriage between You and Us.   3.1.2 We will provide carriage only to the Passenger named in the Ticket, and You will be required to produce appropriate identification for both domestic and international flights.   3.1.3 A Ticket is transferable only upon payment of the appropriate fee.   3.1.4 All Tickets are non-refundable. You are strongly recommended to ensure that you have appropriate insurance to cover instances where you are unable to use your ticket.   3.1.5 You shall not be entitled to be carried on a flight unless you present your booking reference number, positive identification identifying you as the Passenger named in the booking and valid travel documentation (e.g. current passport, visa) where applicable.   3.2 TICKET CHANGES  3.2.1. The Ticket You have purchased is valid only for the transportation as shown on the Ticket for the Passenger named, from the place of departure to the final destination on the date and for the flight number shown. 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.   3.2.2. Should you wish to change any aspect of your transportation you must contact us in advance. Any additional fare (calculated in accordance with our Carrier's Information Pages) and change to booking fee will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. All changes must be made via our Website or during our reservation centre opening hours and at least 2 hours before the scheduled departure time of the original flight and may only be made by the Passenger named in the booking and/or the person who made the original booking.   The detailed rules relating to changes of Tickets are contained in Our Carrier's Information Pages that are posted on the Website or available on request.   3.3 NAME AND ADDRESS OF CARRIER  Our name may be abbreviated to Our Airline designator Code, or otherwise, in the Ticket. Our registered office address is shown at the end of these Conditions of carriage. All correspondence, notices etc. should be addressed to the correspondence address at the end of these Conditions of Carriage.   ARTICLE 4 - FARES, TAXES, FEES AND CHARGES   4.1 FARES  Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transportation service between the airports or between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel additional payments may be due.   4.2 TAXES, FEES AND CHARGES  Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by You. At the time You purchase Your Ticket, You will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, You will be obliged to pay it. Likewise if a new tax, fee or charge is imposed even after Ticket issuance, You will be obliged to pay it. Similarly, in the event any taxes, fees or charges that you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to You, or a lesser amount is due, You will be entitled to claim a refund. If You do not use Your Ticket, You will be entitled to claim a refund of any governmental taxes, less a service charge of £15 per passenger.   4.3 CURRENCY  Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by Us or Our Authorised Agent at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may at our discretion, accept payment in another currency.   Passengers who pay for their flights with credit/debit or charge cards billed in a currency other than the currency in force in the country from which their flight departs will be charged in the currency of issue of the card including a foreign user charge.   4.3 ADMINISTRATION FEES  We reserve the right to charge a reasonable administration fee for ancillary services that are not included in the price of the Ticket including but not limited to requests for personal data pursuant to Sub-Article 5.4 and requests for duplicate receipts.   ARTICLE 5 - RESERVATIONS   5.1 RESERVATION REQUIREMENTS  A reservation for a particular flight is confirmed by the issuance of a reservation number. This will be confirmed in writing in the case of telephone reservations. In the case of bookings through Our Website the Confirmation Number will be displayed on screen at the end of the transaction. You should print this for Your records as You will be required to quote this number at check-in. It is not necessary for You to reconfirm a flight for which there is a Confirmation Number.   5.2 CHANGES  Certain fares have conditions which limit or exclude your right to change or cancel reservations, subject always to the conditions in our Carrier's Information pages.   5.3 PAYMENT  Fares plus all taxes, fees and charges relating to Your reservation must be paid in full when a confirmed reservation is made. If such sums have not been paid in full (or approved invoicing or credit arrangements have not made with us) when a reservation is confirmed, We may at any time prior to check-in cancel the reservation. 5.4 PERSONAL DATA  You recognise that personal data has been given to Us for the purposes of: making a reservation; purchasing and issuing a Ticket; accounting, billing and auditing (including checking credit or other payment cards); administrative and legal purposes; statistical analysis; developing and providing services; and facilitating security, immigration, customs and entry procedures, and making available such data to government agencies, in connection with Your travel. It is also possible that such data may be used for sales and marketing purposes. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, our subsidiaries, Authorised Agents, government agencies, data processors, credit and payment card companies or the providers of the above-mentioned services. This may involve sending your data outside of the European Economic Area. If you do not wish to receive information from us or our travel partners please write to us at the correspondence address at the end of these Condition of Carriage.   5.5 SEATING  We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted to you. 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 reasons.   5.6 CONNECTIONS  Our flights are not intended for use in connecting with flights of other carriers or other flights of Ours. Any connections are made at Your own risk and You will have to check in with Your Baggage for any connecting flights. You are strongly advised to ensure that You have adequate insurance cover for the trip that You are planning.   5.7 FARE NON-REFUNDABLE  The fare will be payable by You if You fail to use space for which a reservation has been made, save as provided in Articles 10.2 and 11.1 or as otherwise provided in our Carrier's Information Pages.   ARTICLE 6 - CHECK-IN AND BOARDING   6.1 CHECK-IN DEADLINES  You must arrive at the airport sufficiently in advance of the schedules flight departure time to permit completion of Government formalities and check-in procedures. Check-in deadlines may vary at different airports and for particular flights. It is Your responsibility to ensure that You comply with these deadlines details of which will be available at the time you make your reservation. In any event we reserve the right not to accept you for travel less than 20 minutes before the scheduled departure time of Your flight. If You fail to present Yourself for check-in by the time limits stated above, or appear to be improperly documented and not ready to travel, We may refuse to carry You and We are not liable for any loss or expense due to Your failure to comply with the provisions of this Article.   6.2 REQUIREMENT FOR CHECK-IN  On check-in You are required to present certain information relating to Your flight and identity. This must include the Confirmation Number of the flight that You have confirmed with us and an acceptable form of identification. Details of these requirements, necessary for all flights (both international and domestic), are stated in our Carrier's Information Pages.   6.3 GENERAL  You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over and with our carrier's regulations and instructions given by Us relating thereto. We shall not be liable in any way whatsoever to You in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to You resulting from Your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.   6.4 TRAVEL DOCUMENTS  You are responsible for obtaining and must possess and have available for presentation as required all entry and exit, health and other documents required by laws, regulations, orders, demands or requirements of the countries to be flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.   6.5 REFUSAL OF ENTRY  You agree to pay the applicable fare and/or penalties or fines whenever We, on order of any Government or immigration authority, are required to return You to Your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances We will not refund any fare to You for flights with Us that You are unable to fly for these reasons.   6.6 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS ETC.  If We are required to pay or deposit any fine or penalty or to incur any expenditure by reason of Your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries to be flown from, into or over or to produce the required documents, You shall on demand reimburse to Us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by You, or any funds in Our possession.   6.7 SECURITY INSPECTIONS  You shall submit to any security checks or requirements by Government or airport officials or by Us.   6.8 BOARDING DEADLINE  You must be present at the boarding gate not later than the time specified by Us when You check-in. We will cancel the space reserved for You if You fail to arrive at the boarding gate in time.   6.9 NO LIABILITY  We will not be liable to You for any loss or expense incurred due to Your failure to comply with the provisions of this Article 6.   ARTICLE 7 - REFUSAL AND LIMITATION OF CARRIAGE   7.1 RIGHT TO REFUSE CARRIAGE  In the reasonable exercise of Our discretion, We may refuse to carry You or your Baggage if we have notified You in writing that we would not at any time after the date of such notice carry You on Our flights. In this circumstance you will be entitled to a refund. We may also refuse to carry You or Your Baggage if one or more of the following have occurred or We reasonably believe may occur.   7.1.1 Such action is necessary in order to comply with any applicable government laws, regulations or orders.   7.1.2 The carriage of You or Your Baggage may endanger or affect the safety of the aircraft, or the safety, health, or materially affect the comfort of other Passengers or crew;   7.1.3 Your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to Yourself, to Passengers, to crew, or to property;   7.1.4 You have committed a misconduct on a previous flight, and We have reason to believe that such conduct may be repeated;   7.1.5 You have refused to submit to a security check on Yourself or Your Baggage;   7.1.6 You have not paid the applicable fare, taxes, fees or charges;   7.1.7 You do not appear to have valid identification or travel documents for the country of origin, destination or countries through which You may be in transit, or You refuse to surrender Your travel documents to the flight crew, against receipt, when so requested to allow Us to photocopy Your travel documents, or We believe that You may destroy Your travel documents during the flight   7.1.8 You present a Ticket that has been acquired unlawfully, has been purchased from an entity other than Us or Our Authorised Agent, or has been reported as being lost or stolen, is a counterfeit, or You cannot prove that You are the person named in the Ticket;   7.1.9 You fail to observe Our instructions with respect to safety or security;   7.1.10 You have used threatening, abusive or insulting words towards Our ground staff or crew or other Passengers of the aircraft;   7.1.11 You have deliberately interfered with a member of the crew of the aircraft carrying out their duties;   7.1.12 You have made a hoax threat relating to bombs, biological or chemical weapons or any other threat which, were the threat to be genuine, would amount to a threat to the safety of the aircraft, crew or Passengers thereon;   7.1.13 You have put the safety of either the aircraft or any person in it in danger;   7.1.14 You have committed a criminal offence during the check-in or boarding process or on board the aircraft.   7.2 SPECIAL ASSISTANCE   7.2.1 Acceptance for carriage of incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangements with Us. Further details can be found in the Carrier's Information Pages that are posted on Our Website or are available on request. Passengers with disabilities who have advised Us of any special requirements they may have at the time of ticketing, and been accepted by Us, shall not subsequently be refused carriage on the basis of such disability or special requirements. Unaccompanied children (over the age of 6) will only be carried at Our discretion.  7.2.2 Wheelchairs will be provided without charge. Our aircraft are relatively small and we therefore have to make special arrangements for passengers with wheelchairs or who have impaired mobility. For Your safety we may need to limit the number of passengers with special needs on any flight, so please contact us before making a boking. For further details see the Carrier's Information Pages which are posted on Our Website or are available on request.   ARTICLE 8 - BAGGAGE   8.1 FREE CHECKED BAGGAGE ALLOWANCE  Please refer to separate route price list for the most comprehensive pricing for specific routes.  8.2 EXCESS CHECKED BAGGAGE  8.2.1 You will be required to pay a charge for carriage of Checked Baggage in excess of the free Checked Baggage allowance.   8.2.2 The following items of sporting equipment will be carried subject to space being available for a fixed fee. These items are separate to and will not be included in the normal baggage allowance: Bicycles, Fishing Tackle, Skis, Surfboards, Golf Clubs. Sporting equipment is carried on a limited release basis and therefore the airline is indemnified from any liability for damage, loss or delay. You are therefore strongly advised to separately insure such items.  8.2.3 Details of charges for oversize Baggage (carriage of which is at our discretion) can be found in the Carrier's Information Pages posted on our Website or available on request.   8.3 ITEMS UNACCEPTABLE AS BAGGAGE.   8.3.1 You must not include in your Baggage:   8.3.1.1 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 Organisation (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 Carrier Information Pages (further information is available from us on request);   8.3.1.2 items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, into or over;   8.3.1.3 items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.   8.3.2 Firearms and ammunition are prohibited from carriage as Baggage.   8.3.3 Weapons such as swords, knives and similar items may at our reasonable discretion be accepted as Checked Baggage, in accordance with our Carrier's Information pages, but will not be accepted into the cabin. Such items must be declared at check-in.   8.3.4 Domestic knives and similar items may at our reasonable discretion be accepted as Checked Baggage, in accordance with our carrier's Information pages, but will not be accepted into the cabin. Such items must be declared at check-in.   8.3.5 You must not include in Checked Baggage money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.   8.3.6 If, despite being prohibited, any items referred to in 8.3.1, 8.3.2 and 8.3.5 are included in your Baggage, We shall not be responsible for any loss or damage to such items.   8.4 RIGHT TO REFUSE CARRIAGE  8.4.1 Subject to paragraphs 8.3.2, 8.3.3 and 8.3.4, We will refuse to carry as Baggage the items described in 8.3, and We may refuse further carriage of any items upon discovery.   8.4.2 We may refuse to carry as Baggage any item reasonably considered by Us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other Passengers. Information about unacceptable items is available upon request.   8.4.3 We may refuse to accept Baggage for carriage unless it is in Our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to Us is available on request.   8.5 RIGHT OF SEARCH  For reasons of safety and security We may request that You permit a search and scan of Your person and a search, scan or x-ray of Your Baggage. If You are not available, Your Baggage may be searched in Your absence for the purpose of determining whether You are in possession of or whether Your Baggage contains any items described in 8.3.1 or any weapons or knives that have not been declared to Us in accordance with 8.3.2, 8.3.3 or 8.3.4. If You are unwilling to comply with such request We may refuse to carry You or Your Baggage. In the event that a scan causes damage to You or an x-ray or scan causes damage to Your Baggage, We shall not be liable for such damage unless due to Our fault or negligence.   8.6 CHECKED BAGGAGE  8.6.1 Upon delivery to Us of Your Baggage that You wish to check, we will take custody of, and issue a Baggage Identification Tag for, each piece of Your Checked Baggage.   8.6.2 Checked Baggage must have Your name or other personal identification affixed to it.   8.6.3 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. If Your Checked Baggage is carried on a subsequent flight We will deliver it to You, unless applicable law requires You to be present for customs clearance.   8.7 UNCHECKED BAGGAGE  8.7.1 You are not allowed hand luggage inside the aircraft cabin. You are allowed a laptop computer which must be carried under the seat on the aircraft. If Your Baggage is in excess of these dimensions or weight, or is considered unsafe for any reason, it must be carried as Checked Baggage and will be treated in accordance with Articles 8.1 and 8.2.  8.7.2 All items which do not meet the requirements in 8.7.1 above must be carried in the aircraft hold. It is not possible to purchase seats to accomodate items of baggage.  8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE  8.8.1 Subject to Article 8.6.3, You are required to collect Your Checked Baggage as soon as it is made available at Your destination. Should You not collect it within a reasonable time, We may charge You a storage fee. Should Your Checked Baggage not be claimed within one month of the time it is made available, We may dispose of it without any liability to You.   8.8.2 Only the bearer of the Baggage Check and Baggage Identification tag is entitled to delivery of the Checked Baggage.   8.8.3 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.   8.9 ANIMALS  We can accept small household animals for carriage on scheduled services subject to animal s being suitably contained. We will accept guide dogs on domestic services. Subject always to the conditions in our Carrier's Information pages.   Acceptance for carriage of the above animals is subject to the condition that the Passenger assumes full responsibility for such animal. We shall not be liable for injury to or loss, delay, sickness or death of such animal unless caused by Our fault or negligence.   8.10 HUMAN REMAINS  Human remains will not be accepted for carriage on any route. However, the carriage of human ashes is accepted subject to our regulations.   ARTICLE 9 - SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS   9.1 SCHEDULES  9.1.1 The flight times shown in timetables may change between the date of publication and the date You actually travel. We do not guarantee them to You and they do not form part of Your contract with Us.   9.1.2 Before We accept Your booking, We will notify You of the scheduled flight time in effect as of that time, and it will be shown on Your Ticket. It is possible We may need to change the scheduled flight time subsequent to issuance of Your Ticket. If You provide us with contact information, We will endeavour to notify You of any such changes. If, after You purchase Your Ticket, We make significant change to the scheduled flight time, which is not acceptable to You, and We are unable to book You on an alternative flight that is acceptable to You, You will be entitled to a refund in accordance with Article 10.2.   9.2 CANCELLATION, REROUTING, DELAYS, ETC.  9.2.1 We will take all necessary measures to avoid delay in carrying You and Your Baggage. In the exercise of these measures and in order to prevent a flight cancellation in exceptional circumstances We may arrange for a flight to be operated on Our behalf by an alternative carrier and/or aircraft.   9.2.2 Except as otherwise provided by the Convention, Our policy in the event of flight disruption conforms to Regulation EC 261/2004 which governs rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. A summary of the provisions of Regulation EC 261/2004 is displayed at our check-in desks and will be provided to any Passenger who suffers flight disruption covered by the Regulation.  ARTICLE 10 - REFUNDS   10.1 Subject to the terms contained herein, some tickets may be eligible for full refund. Full details can be found in our Carrier's Information Pages posted on Our Website or available on request. Please check the fare rules prior to purchasing your Ticket.   10.2 On failure by Us to provide carriage in accordance with the Contract of Carriage refund of the fare or applicable portion thereof shall be made by Us in accordance with this Article.   10.2.1 If after having made a reservation You do not fly with Us, whether or not a refund of the fare is payable, You will be entitled to claim a refund of any taxes, fees or charges advised to You and payable by You in accordance with Article 4.2, that as a consequence We have no obligation to pay to any Government or other authority. We reserve the right to deduct a reasonable service charge from any such refund where You fail to fly with Us despite a flight being available.   10.2.2 We shall be entitled to make a refund either to the person named in the Ticket, or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.   10.3 INVOLUNTARY REFUNDS  10.3.1 If We cancel a flight or fail to stop at Your destination and no alternative flight is available, or if a refund is otherwise due to You under these Conditions of Carriage, the amount of the refund shall be:   10.3.1.1If no portion of the Ticket has been used, an amount equal to the fare paid;   10.3.1.2If a portion of the Ticket has been used, the refund will not be less than the difference between the fare paid and the applicable date for travel between the points for which the Ticket has been used.   10.3.2 Subject to Article 14, We shall not be liable for any other direct or indirect costs incurred by You as a result of such cancellation or missed destination. You are strongly advised to take out adequate insurance for the travel You intend to take.   10.3.3 Application for refunds must be made in writing to the correspondence address given at the end of these Conditions of Carriage or by telephone to Our Reservations Call Centre.  10.4 CURRENCY  We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.   10.5 CREDIT CARD CHARGES  Credit, and other payment, card charges are not refundable except where the flight is cancelled by us.   10.6 REFUND ALTERNATIVES  In circumstances where You accept an alternative to a refund the provisions of this Article will apply to that alternative.   ARTICLE 11 - CONDUCT ABOARD AIRCRAFT   11.1 GENERAL  11.1.1 If, in Our reasonable opinion, You conduct yourself aboard 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 that causes discomfort, inconvenience, damage or injury to other Passengers or the crew, We may take such measures as We deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.   11.1.2 If as a result of Your behaviour We divert the aircraft to an unscheduled place of destination and make You leave the aircraft, You must pay Us the reasonable costs of the diversion and any fines or penalties imposed on Us by the government of the country to which we have diverted.   11.1.3 For the avoidance of doubt, You are not permitted to consume alcohol that has not been purchased from Our staff on board the aircraft and in particular Duty Free alcohol purchases must remain unopened. We reserve the right to refuse to sell alcohol to any Passenger on board the aircraft.   11.2 ELECTRONIC DEVICES  For safety reasons, We may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.  ARTICLE 12 - ARRANGEMENTS BY THE CARRIER FOR ADDITIONAL SERVICES.   If We make arrangements for You with any third party to provide any services other than carriage by air, or if We issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so We act only as Your agent. The terms and conditions of the third party service provider will apply. We shall have no liability to You except for negligence on Our part in making such arrangements.   ARTICLE 13 - ADMINISTRATIVE FORMALITIES  13.1 GENERAL   13.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into, over or through which You transit.   13.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.   13.2 TRAVEL DOCUMENTS  Prior to travel, You must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit Us to take and retain copies thereof. We reserve the right to refuse carriage if You have not complied with these requirements, or Your travel documents do not appear to be in order.   13.3 REFUSAL OF ENTRY  If You are denied entry into any country, You will be responsible to pay any fine or charge assessed against Us by any governmental authority of the country concerned and for the cost of transporting You from that country. We will not refund the fare collected for carriage to the point of refusal or denied entry.   13.4 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 Your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, You shall reimburse Us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on Your Ticket, or any of Your funds in Our possession.   13.5 CUSTOMS INSPECTION  If required, You shall attend inspection of your Baggage, by customs or other Government officials. 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.   13.6 SECURITY INSPECTION  You shall submit to any security checks by Government, airport officials, Carriers or by Us.   13.7 MEDICAL COSTS AND DIVERSIONS  If You are taken ill on board an aircraft and We decide that it is in your interests to divert the aircraft to enable proper medical attention to be obtained, You will be responsible for any medical costs incurred together with any accommodation costs for family or friends who accompany You and the costs of onward transportation from the unscheduled stopping point to Your final destination. We recommend that You obtain adequate travel and medical insurance prior to commencing Your journey.   13.8 PUBLISHED MATERIAL  Except in the case of Our act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, We shall not be liable for errors or omissions in timetables or other published material as to the dates or times of departure or arrival or as to the operation of any flight   ARTICLE 14 - LIABILITY FOR DAMAGE  14.1 Save as provided by the EC Regulation, carriage by Us is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which the Convention applies.   14.2 The following conditions apply to all carriage by Us (whether in accordance with the EC Regulation or otherwise):   a) In the event of an accident resulting in the death, wounding or other bodily injury of a Passenger whilst on board an aircraft operated by Us or in the course of any of the operations of embarking or disembarking, the amount of damages payable is not subject to any financial limit (be it defined by law, the Convention or contract).   b) If We prove that the damage was caused by, or contributed to by, the negligence of the deceased or injured Passenger we may be exonerated wholly or in part from Our liability in accordance with applicable law.   c) In the event of an accident resulting in the death, wounding or other bodily injury to a Passenger whilst on board an aircraft operated by Us or in the course of any of the operations of embarking or disembarking, We shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established (by a court or otherwise), make such advance payments as may be required to meet the immediate economic needs of that person on a basis proportional to the hardship suffered, provided that in the event of death the advance payment will not be less than the equivalent of 16,000 SDR per passenger.   d) Any advanced payment paid pursuant to c) above:   (i) shall not be construed as an admission of liability by Us and is made without prejudice to any defence which we are entitled to assert; (ii) may be offset against any subsequent sums payable on the basis of Us being held liable. (iii) Is not returnable unless We subsequently prove that: (1) the damage was caused by, or contributed to by, the negligence of the deceased or injured Passenger; or (2) the person who received the advanced payment caused, or contributed to, the damage by negligence; or (3) the person who received the payment was not the person to whom such compensation should properly have been paid.   e) Save to the extent that applicable law may otherwise provide, where any advanced payment paid pursuant to paragraph 2c above, or any part thereof, is returnable to Us pursuant to paragraph 2 (d)(iii) above, the person who received the payment concerned shall make the repayment to Us immediately upon the relevant proof being established (in a court or otherwise), together with interest calculated from the date of receipt of the payment by that person until the date of repayment to Us, at the then current judgement rate applicable in the court having jurisdiction.   f) In respect of any advance payment to be made pursuant to paragraph 2c above or any figure expressed in terms of an equivalent in ECUs to an amount in SDRs:   (i) the amount of the ECU equivalent shall be calculated at the prevailing rate set by the International Monetary Fund for the relevant date; (ii) in circumstances where the United Kingdom has not introduced the ECU as legal tender on the relevant date, any payment shall be made, or as the case may be any figure shall be interpreted, as Pounds Sterling by applying the prevailing market conversion rate for Pounds Sterling to ECUs for the relevant date of payment or determination as the case may be.   g) We confirm that We have liability insurance cover per passenger of at least 100,000 Special Drawing Rights and not less than the minimum amount stipulated by the Civil Aviation Authority.   14.3 Where carriage is in accordance with the EC Regulation, for claims for damages in excess of 100,000 SDRs We may be exonerated if We can prove that We and Our agents have taken all necessary measures to avoid the damage or that it was impossible for Us or Our agents to take such measures.   14.4 In respect of international carriage as defined by the Convention, Our liability in respect of Baggage is limited as follows:  a) in respect of Checked Baggage, to the sum of 17 SDRs or its equivalent per kilogram unless a higher valuation is declared to Us at check-in of the baggage concerned and a supplementary sum paid if required by Us, in which case Our liability shall be limited to such higher declared value (subject to such higher sum being limited to the value of the Passenger's actual interest in delivery at destination);   b) in respect of Unchecked Baggage, to the sum of 332 SDRs or its equivalent per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply.   14.5 In carriage which is not international carriage as defined by the Convention, Our liability is limited as follows:-   a) if the law of the United Kingdom is applicable, Our liability is governed by the provisions of the Carriage by Air Acts (Application of Provisions) Order 1967 and the Air Carrier Liability Order 1998; or   b) if the law of the United Kingdom is not applicable and unless the applicable law otherwise requires We shall be liable for damages to You or Your Checked or Unchecked Baggage only if such damage has been caused by Our negligence or the negligence of Our servants or agents. If there has been contributory negligence on Your part Our liability shall be subject to the applicable law relating to contributory negligence;   c) provided that, unless in accordance with the applicable law a different limit of liability applies, Our liability is limited as follows:   (i) in respect of Checked Baggage, to the sum of 17 SDRs or its equivalent per kilogram unless a higher valuation is declared to Us at check-in of the Baggage concerned and a supplementary sum paid if required by Us, in which case Our liability shall be limited to such higher declared value (subject to such higher sum being limited to the value of the Passenger's actual interest in delivery at destination);   (ii) in respect of Unchecked Baggage, to the sum of 332 SDRs or its equivalent per Passenger.   14.6 Special Drawing Rights shall be converted into the appropriate national currency as at the date of judgement or settlement.   14.7 To the extent not in conflict with the foregoing and whether or not the Convention applies:   (a) We are liable only for damage occurring on Our flights. A carrier issuing a Ticket or checking Baggage on the flights of another carrier does so only as agent for such other carrier. Nevertheless, in cases where the Convention applies with respect to Checked Baggage a Passenger may also have a right of action against the first or last carrier (in addition to any right of action against the carrier who performed the carriage during which the accident or delay occurred).   (b) We are not liable to damage to Unchecked Baggage unless such damage is caused by Our negligence. If there has been contributory negligence on Your part, Our liability shall be subject to the applicable law relating to contributory negligence.   (c) We are not liable for damage arising from Our compliance with any laws or Government regulations, orders or requirement, or from Your failure to comply with the same.   (d) Except in the case of acts or omissions done by Us, Our servants or agents with intent to cause damage or recklessly and with knowledge that damage to Checked Baggage would probably result, Our liability shall be limited to 17 SDRs per kilogram of the item of Checked Baggage concerned and in the case of damage to Unchecked Baggage shall be limited to 332 SDRs per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Check or Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free Baggage allowance for the class of service concerned, as provided in our Carrier's Information Pages save that if in the case of Checked Baggage a higher value is declared to Us at check-in of the Baggage concerned and any supplementary charge required by Us is paid, Our liability shall be limited to such higher declared value.   (e) Our liability shall not exceed the amount of proven damages. We shall furthermore not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising.   (f) We are not liable for injury to a Passenger or for Damage to a Passenger's Baggage caused by property contained in such Passenger's Baggage unless that injury or damage is the result of fault or negligence on Our part. Any Passenger whose property causes injury to another person or Damage to another person's property or to Our property (which is not the result of fault or negligence on Our part) shall indemnify Us in respect of all claims against Us and also for all losses and expenses incurred by Us as a result thereof.   (g) We are not liable for Damage to articles not permitted to be contained (whether or not We knew that such articles were so contained) in Checked Baggage as set out in Article 9 above except where and to the extent that the Convention otherwise provides.   (h) If We carry You and Your age or mental or physical condition is such as to involve any hazard or risk to You, We shall not be liable in any way whatsoever for any illness, injury or disability including death, attributable to such condition or for the aggravation of such condition arising out of the normal consequences of carriage by air.   (i) Any exclusion or limitation of our liability shall apply to and be for the benefit of Our agents, employees and representatives and any person whose aircraft is used by Us and such person's agents, employees and representatives. The aggregate amount recoverable from Us and from such agents, employees, representatives and person and such person's agents, employees and representatives shall not exceed the amount of Our limit of liability.   14.8 Unless expressly provided nothing herein shall waive any exclusion or limitation of Our liability under the Convention or applicable laws.   ARTICLE 15 - TIME LIMITATION ON CLAIMS AND ACTIONS   15.1 NOTICE OF CLAIMS  Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the baggage has been delivered in good condition and in accordance with the Contract of Carriage, unless You prove otherwise.   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 at the latest within seven days of receipt of the Baggage. If You wish to file a claim or an action regarding delay of Checked Baggage, You must notify Us within twenty-one days from the date the Baggage has been placed at Your disposal. Every such notification must be made in writing.   15.2 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 destination, or the date on which the aircraft was scheduled to arrive, or the date on which carriage stopped. The law of the court where the case is heard shall determine the method of calculating the period of limitation.   15.3 MODIFICATION AND WAIVER  No agent, employee or representative of Ours has authority to alter, modify or waive any provision of these Conditions of Carriage.   ARTICLE 16 - INTERPRETATION.  The title of each Article of these Conditions of Carriage is for convenience only and is not to be used for interpretation of the text.   ARTICLE 17 - CHOICE OF LAW AND JURISDICTION.  Unless otherwise provided by the Convention or any applicable law, Government regulations, orders or requirements:   (a) these Conditions of Carriage and any carriage which We agree to provide You with (in respect of Yourself and/or Your Baggage) shall be governed by the laws of Scotland; and,   (b) any dispute between You and Us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of Scotland.  REGULATION (EC) No. 889/2002 NOTICE AIR CARRIER LIABILITY FOR PASSENGERS AND THEIR BAGGAGE   This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.   Compensation in the case of death or injury There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.   Advance payments If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs.   Passenger delays In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures.    The liability for passenger delay is limited to 4,150 SDRs.   Baggage delays In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs.   Destruction, loss or damage to baggage The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.   Higher limits for baggage A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.   Complaints on baggage If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.   Liability of contracting and actual carriers If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.   Time limit for action Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.   Basis for the information The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No2027/97 (as amended by Regulation (EC) No889/2002) and national legislation of the Member States.     DISCLAIMER: This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.     REGULATION (EC) No. 889/2002 NOTICE     Limits of liability The applicable limits of liability for your journey on a flight operated by Hebridean Air Services Limited, are as follows:   1. There are no financial limits for death or bodily injury and the air carrier may make an advance payment to meet immediate economic needs of the person entitled to claim compensation; 2. In the case of destruction, loss of, or damage or delay to baggage, 1,000 SDRs and, if the value of your baggage is greater than this limit, you should inform the carrier at check-in or ensure that it is fully insured prior to travel; 3. In the case of delay to your journey, 4,150 SDRs.   If your journey also involves carriage by other airlines, you should contact them for information on their limits of liability.   This notice conforms to the requirements of European Community Regulation (EC) No. 889/2002 NAME OF CARRIER Hebridean Air Services Limited Duncan McIntosh Road Cumbernauld Airport Glasgow G68 0HH  

Hebridean Air Services

Terms and Conditions of Carriage Specific to the Argyll Air Service

ARTICLE 1 - DEFINITIONS

In these Conditions of Carriage the following terms have the meanings set out below:
"We", "Our", "Ourselves" and "Us", means Hebridean Air Services Limited.
"You", "Your", and "Yourself" means any person except members of the crew, carried or to be carried in our aircraft with our consent (see also definition of "Passenger").
"Agreed Stopping Place" means those places, except the place of departure and the place of destination, set forth in the ticket or shown in our timetables as places at which the aircraft is scheduled to stop en route.
"Baggage" means any of your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked Baggage and Unchecked Baggage.
“Baggage Check” means those portions of the Ticket that relate to the carriage of your Checked Baggage.
“Baggage Identification Check” means a document issued solely for identification of Checked Baggage.
“Carrier” means an air carrier other than Ourselves, whose airline designator code appears on your ticket.
“Carrier’s Information Pages” means rules, other than these Conditions of Carriage, published by Us and in effect on the date of booking governing carriage of Passengers and/or Baggage and shall include applicable Tariffs in force and which are available at Our offices, check-in and on Our Website.
“Checked Baggage” means Baggage of which we take custody and for which we have issued a Baggage Identification Tag.
"Check-in Deadline" means the time limit specified by which You must have completed check-in formalities and received your boarding pass.
"Conditions of Carriage " means these Conditions of Carriage for Passengers and Baggage.
"Conditions of Contract " means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.
"Confirmation Number" means the number you are given by Us to identify each flight reservation made by You that is confirmed by us.
"Convention" means whichever of the following instruments are applicable from time to time and to the extent to which they apply to the journey shown on any Ticket issued to You by Us:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as “The Warsaw Convention”);
The Warsaw Convention as amended by The Hague Protocol on 28 September 1955;
The Warsaw Convention as amended by Additional Protocol No 1. of Montreal (1975).
The Warsaw Convention as amended at The Hague and by Additional Protocol No 2. of Montreal (1975).
The Warsaw Convention as amended at The Hague and by Additional Protocol No 4. of Montreal (1975).
Guadalajara supplementary Convention (1961) (Guadalajara);
The Montreal Convention (1999);
"Damage" includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft or other damage to Baggage arising out of or in connection with carriage or other services incidental thereto performed by Us.
“Days” mean calendar days, including 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 provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.
“EC Regulation” means Council Regulation 2027/97 on air carrier liability in the event of accidents.
“ECU” means the unit of account in drawing up the general budget of the European Communities in accordance with Articles 207 and 209 of the Treaty of Rome.
“Force Majeure” means unusual and unforeseeable circumstances beyond Your or Our control, the consequences of which could not have been avoided even if all due care had been exercised.
“Passenger” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket (See also definition for “You”, “Your” and “Yourself”).
“SDR” or “Special Drawing Right” means a Special Drawing Right as defined by the International Monetary Fund from time to time and the equivalent value in other currencies of which is published in the Financial Times. (At the time of printing 1 SDR was approximately equal to £0.82)
“Tariff” means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.
“Ticket” means the confirmation of flight details (including the Confirmation Number), and includes the Conditions of Contract, and notices issued by us or on our behalf (whether in the form of a confirmation letter or email or the equivalent information on our Website).
“Unchecked Baggage” means any of your Baggage other than Checked Baggage.
“Website” means the internet site www.hebrideanair.com provided by Us for the purpose of Passengers making online reservations.

ARTICLE 2 - APPLICABILITY

2.1 GENERAL
Except as provided in this Article 2, these Conditions of Carriage apply only to carriage by air of Passengers and Baggage performed by Us and to any liability We may have in relation to that carriage by air. The Terms and Conditions contained within the Ticket, your itinerary or receipt or any ticket wallet shall form part of these Conditions of Carriage.

2.2 CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the charter agreement or the Ticket.

2.3 OVERRIDING LAW
These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail. If any provision of these Conditions of Carriage is held invalid under any applicable law, the other provisions shall nevertheless remain valid.

2.4 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.

2.5 VARIATION OF CONDITIONS
No variation of these Conditions of Carriage is valid unless made in writing by one of our Directors and published on our Website

ARTICLE 3 - TICKETS

3.1 GENERAL PROVISIONS
3.1.1 The Ticket, these Conditions of Carriage, Tariffs, our Carrier's Information Pages and the important information contained on our Website together constitute the terms and conditions of the Contract of Carriage between You and Us.

3.1.2 We will provide carriage only to the Passenger named in the Ticket, and You will be required to produce appropriate identification for both domestic and international flights.

3.1.3 A Ticket is transferable only upon payment of the appropriate fee.

3.1.4 All Tickets are non-refundable. You are strongly recommended to ensure that you have appropriate insurance to cover instances where you are unable to use your ticket.

3.1.5 You shall not be entitled to be carried on a flight unless you present your booking reference number, positive identification identifying you as the Passenger named in the booking and valid travel documentation (e.g. current passport, visa) where applicable.

3.2 TICKET CHANGES
3.2.1. The Ticket You have purchased is valid only for the transportation as shown on the Ticket for the Passenger named, from the place of departure to the final destination on the date and for the flight number shown. 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.

3.2.2. Should you wish to change any aspect of your transportation you must contact us in advance. Any additional fare (calculated in accordance with our Carrier's Information Pages) and change to booking fee will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. All changes must be made via our Website or during our reservation centre opening hours and at least 2 hours before the scheduled departure time of the original flight and may only be made by the Passenger named in the booking and/or the person who made the original booking.

The detailed rules relating to changes of Tickets are contained in Our Carrier's Information Pages that are posted on the Website or available on request.

3.3 NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to Our Airline designator Code, or otherwise, in the Ticket. Our registered office address is shown at the end of these Conditions of carriage. All correspondence, notices etc. should be addressed to the correspondence address at the end of these Conditions of Carriage.

ARTICLE 4 - FARES, TAXES, FEES AND CHARGES

4.1 FARES
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transportation service between the airports or between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your Ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel additional payments may be due.

4.2 TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by You. At the time You purchase Your Ticket, You will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, You will be obliged to pay it. Likewise if a new tax, fee or charge is imposed even after Ticket issuance, You will be obliged to pay it. Similarly, in the event any taxes, fees or charges that you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to You, or a lesser amount is due, You will be entitled to claim a refund. If You do not use Your Ticket, You will be entitled to claim a refund of any governmental taxes, less a service charge of £15 per passenger.

4.3 CURRENCY
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by Us or Our Authorised Agent at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may at our discretion, accept payment in another currency.

Passengers who pay for their flights with credit/debit or charge cards billed in a currency other than the currency in force in the country from which their flight departs will be charged in the currency of issue of the card including a foreign user charge.

4.3 ADMINISTRATION FEES
We reserve the right to charge a reasonable administration fee for ancillary services that are not included in the price of the Ticket including but not limited to requests for personal data pursuant to Sub-Article 5.4 and requests for duplicate receipts.

ARTICLE 5 - RESERVATIONS

5.1 RESERVATION REQUIREMENTS
A reservation for a particular flight is confirmed by the issuance of a reservation number. This will be confirmed in writing in the case of telephone reservations. In the case of bookings through Our Website the Confirmation Number will be displayed on screen at the end of the transaction. You should print this for Your records as You will be required to quote this number at check-in. It is not necessary for You to reconfirm a flight for which there is a Confirmation Number.

5.2 CHANGES
Certain fares have conditions which limit or exclude your right to change or cancel reservations, subject always to the conditions in our Carrier's Information pages.

5.3 PAYMENT
Fares plus all taxes, fees and charges relating to Your reservation must be paid in full when a confirmed reservation is made. If such sums have not been paid in full (or approved invoicing or credit arrangements have not made with us) when a reservation is confirmed, We may at any time prior to check-in cancel the reservation.

5.4 PERSONAL DATA
You recognise that personal data has been given to Us for the purposes of: making a reservation; purchasing and issuing a Ticket; accounting, billing and auditing (including checking credit or other payment cards); administrative and legal purposes; statistical analysis; developing and providing services; and facilitating security, immigration, customs and entry procedures, and making available such data to government agencies, in connection with Your travel. It is also possible that such data may be used for sales and marketing purposes. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, our subsidiaries, Authorised Agents, government agencies, data processors, credit and payment card companies or the providers of the above-mentioned services. This may involve sending your data outside of the European Economic Area. If you do not wish to receive information from us or our travel partners please write to us at the correspondence address at the end of these Condition of Carriage.

5.5 SEATING
We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted to you. 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 reasons.

5.6 CONNECTIONS
Our flights are not intended for use in connecting with flights of other carriers or other flights of Ours. Any connections are made at Your own risk and You will have to check in with Your Baggage for any connecting flights. You are strongly advised to ensure that You have adequate insurance cover for the trip that You are planning.

5.7 FARE NON-REFUNDABLE
The fare will be payable by You if You fail to use space for which a reservation has been made, save as provided in Articles 10.2 and 11.1 or as otherwise provided in our Carrier's Information Pages.

ARTICLE 6 - CHECK-IN AND BOARDING

6.1 CHECK-IN DEADLINES
You must arrive at the airport sufficiently in advance of the schedules flight departure time to permit completion of Government formalities and check-in procedures. Check-in deadlines may vary at different airports and for particular flights. It is Your responsibility to ensure that You comply with these deadlines details of which will be available at the time you make your reservation. In any event we reserve the right not to accept you for travel less than 20 minutes before the scheduled departure time of Your flight. If You fail to present Yourself for check-in by the time limits stated above, or appear to be improperly documented and not ready to travel, We may refuse to carry You and We are not liable for any loss or expense due to Your failure to comply with the provisions of this Article.

6.2 REQUIREMENT FOR CHECK-IN
On check-in You are required to present certain information relating to Your flight and identity. This must include the Confirmation Number of the flight that You have confirmed with us and an acceptable form of identification. Details of these requirements, necessary for all flights (both international and domestic), are stated in our Carrier's Information Pages.

6.3 GENERAL
You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over and with our carrier's regulations and instructions given by Us relating thereto. We shall not be liable in any way whatsoever to You in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to You resulting from Your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.

6.4 TRAVEL DOCUMENTS
You are responsible for obtaining and must possess and have available for presentation as required all entry and exit, health and other documents required by laws, regulations, orders, demands or requirements of the countries to be flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.

6.5 REFUSAL OF ENTRY
You agree to pay the applicable fare and/or penalties or fines whenever We, on order of any Government or immigration authority, are required to return You to Your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances We will not refund any fare to You for flights with Us that You are unable to fly for these reasons.

6.6 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS ETC.
If We are required to pay or deposit any fine or penalty or to incur any expenditure by reason of Your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries to be flown from, into or over or to produce the required documents, You shall on demand reimburse to Us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by You, or any funds in Our possession.

6.7 SECURITY INSPECTIONS
You shall submit to any security checks or requirements by Government or airport officials or by Us.

6.8 BOARDING DEADLINE
You must be present at the boarding gate not later than the time specified by Us when You check-in. We will cancel the space reserved for You if You fail to arrive at the boarding gate in time.

6.9 NO LIABILITY
We will not be liable to You for any loss or expense incurred due to Your failure to comply with the provisions of this Article 6.

ARTICLE 7 - REFUSAL AND LIMITATION OF CARRIAGE

7.1 RIGHT TO REFUSE CARRIAGE
In the reasonable exercise of Our discretion, We may refuse to carry You or your Baggage if we have notified You in writing that we would not at any time after the date of such notice carry You on Our flights. In this circumstance you will be entitled to a refund. We may also refuse to carry You or Your Baggage if one or more of the following have occurred or We reasonably believe may occur.

7.1.1 Such action is necessary in order to comply with any applicable government laws, regulations or orders.

7.1.2 The carriage of You or Your Baggage may endanger or affect the safety of the aircraft, or the safety, health, or materially affect the comfort of other Passengers or crew;

7.1.3 Your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to Yourself, to Passengers, to crew, or to property;

7.1.4 You have committed a misconduct on a previous flight, and We have reason to believe that such conduct may be repeated;

7.1.5 You have refused to submit to a security check on Yourself or Your Baggage;

7.1.6 You have not paid the applicable fare, taxes, fees or charges;

7.1.7 You do not appear to have valid identification or travel documents for the country of origin, destination or countries through which You may be in transit, or You refuse to surrender Your travel documents to the flight crew, against receipt, when so requested to allow Us to photocopy Your travel documents, or We believe that You may destroy Your travel documents during the flight

7.1.8 You present a Ticket that has been acquired unlawfully, has been purchased from an entity other than Us or Our Authorised Agent, or has been reported as being lost or stolen, is a counterfeit, or You cannot prove that You are the person named in the Ticket;

7.1.9 You fail to observe Our instructions with respect to safety or security;

7.1.10 You have used threatening, abusive or insulting words towards Our ground staff or crew or other Passengers of the aircraft;

7.1.11 You have deliberately interfered with a member of the crew of the aircraft carrying out their duties;

7.1.12 You have made a hoax threat relating to bombs, biological or chemical weapons or any other threat which, were the threat to be genuine, would amount to a threat to the safety of the aircraft, crew or Passengers thereon;

7.1.13 You have put the safety of either the aircraft or any person in it in danger;

7.1.14 You have committed a criminal offence during the check-in or boarding process or on board the aircraft.

7.2 SPECIAL ASSISTANCE

7.2.1 Acceptance for carriage of incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangements with Us. Further details can be found in the Carrier's Information Pages that are posted on Our Website or are available on request. Passengers with disabilities who have advised Us of any special requirements they may have at the time of ticketing, and been accepted by Us, shall not subsequently be refused carriage on the basis of such disability or special requirements. Unaccompanied children (over the age of 6) will only be carried at Our discretion.

7.2.2 Wheelchairs will be provided without charge. Our aircraft are relatively small and we therefore have to make special arrangements for passengers with wheelchairs or who have impaired mobility. For Your safety we may need to limit the number of passengers with special needs on any flight, so please contact us before making a boking. For further details see the Carrier's Information Pages which are posted on Our Website or are available on request.

ARTICLE 8 - BAGGAGE

8.1 FREE CHECKED BAGGAGE ALLOWANCE
Please refer to separate route price list for the most comprehensive pricing for specific routes.

8.2 EXCESS CHECKED BAGGAGE
8.2.1 You will be required to pay a charge for carriage of Checked Baggage in excess of the free Checked Baggage allowance.

8.2.2 The following items of sporting equipment will be carried subject to space being available for a fixed fee. These items are separate to and will not be included in the normal baggage allowance: Bicycles, Fishing Tackle, Skis, Surfboards, Golf Clubs. Sporting equipment is carried on a limited release basis and therefore the airline is indemnified from any liability for damage, loss or delay. You are therefore strongly advised to separately insure such items.

8.2.3 Details of charges for oversize Baggage (carriage of which is at our discretion) can be found in the Carrier's Information Pages posted on our Website or available on request.

8.3 ITEMS UNACCEPTABLE AS BAGGAGE.

8.3.1 You must not include in your Baggage:

8.3.1.1 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 Organisation (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 Carrier Information Pages (further information is available from us on request);

8.3.1.2 items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, into or over;

8.3.1.3 items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.

8.3.2 Firearms and ammunition are prohibited from carriage as Baggage.

8.3.3 Weapons such as swords, knives and similar items may at our reasonable discretion be accepted as Checked Baggage, in accordance with our Carrier's Information pages, but will not be accepted into the cabin. Such items must be declared at check-in.

8.3.4 Domestic knives and similar items may at our reasonable discretion be accepted as Checked Baggage, in accordance with our carrier's Information pages, but will not be accepted into the cabin. Such items must be declared at check-in.

8.3.5 You must not include in Checked Baggage money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.

8.3.6 If, despite being prohibited, any items referred to in 8.3.1, 8.3.2 and 8.3.5 are included in your Baggage, We shall not be responsible for any loss or damage to such items.

8.4 RIGHT TO REFUSE CARRIAGE
8.4.1 Subject to paragraphs 8.3.2, 8.3.3 and 8.3.4, We will refuse to carry as Baggage the items described in 8.3, and We may refuse further carriage of any items upon discovery.

8.4.2 We may refuse to carry as Baggage any item reasonably considered by Us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other Passengers. Information about unacceptable items is available upon request.

8.4.3 We may refuse to accept Baggage for carriage unless it is in Our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to Us is available on request.

8.5 RIGHT OF SEARCH
For reasons of safety and security We may request that You permit a search and scan of Your person and a search, scan or x-ray of Your Baggage. If You are not available, Your Baggage may be searched in Your absence for the purpose of determining whether You are in possession of or whether Your Baggage contains any items described in 8.3.1 or any weapons or knives that have not been declared to Us in accordance with 8.3.2, 8.3.3 or 8.3.4. If You are unwilling to comply with such request We may refuse to carry You or Your Baggage. In the event that a scan causes damage to You or an x-ray or scan causes damage to Your Baggage, We shall not be liable for such damage unless due to Our fault or negligence.

8.6 CHECKED BAGGAGE
8.6.1 Upon delivery to Us of Your Baggage that You wish to check, we will take custody of, and issue a Baggage Identification Tag for, each piece of Your Checked Baggage.

8.6.2 Checked Baggage must have Your name or other personal identification affixed to it.

8.6.3 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. If Your Checked Baggage is carried on a subsequent flight We will deliver it to You, unless applicable law requires You to be present for customs clearance.

8.7 UNCHECKED BAGGAGE
8.7.1 You are not allowed hand luggage inside the aircraft cabin. You are allowed a laptop computer which must be carried under the seat on the aircraft. If Your Baggage is in excess of these dimensions or weight, or is considered unsafe for any reason, it must be carried as Checked Baggage and will be treated in accordance with Articles 8.1 and 8.2.

8.7.2 All items which do not meet the requirements in 8.7.1 above must be carried in the aircraft hold. It is not possible to purchase seats to accomodate items of baggage.

8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.8.1 Subject to Article 8.6.3, You are required to collect Your Checked Baggage as soon as it is made available at Your destination. Should You not collect it within a reasonable time, We may charge You a storage fee. Should Your Checked Baggage not be claimed within one month of the time it is made available, We may dispose of it without any liability to You.

8.8.2 Only the bearer of the Baggage Check and Baggage Identification tag is entitled to delivery of the Checked Baggage.

8.8.3 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.

8.9 ANIMALS
We can accept small household animals for carriage on scheduled services subject to animal s being suitably contained. We will accept guide dogs on domestic services. Subject always to the conditions in our Carrier's Information pages.

Acceptance for carriage of the above animals is subject to the condition that the Passenger assumes full responsibility for such animal. We shall not be liable for injury to or loss, delay, sickness or death of such animal unless caused by Our fault or negligence.

8.10 HUMAN REMAINS
Human remains will not be accepted for carriage on any route. However, the carriage of human ashes is accepted subject to our regulations.

ARTICLE 9 - SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS

9.1 SCHEDULES
9.1.1 The flight times shown in timetables may change between the date of publication and the date You actually travel. We do not guarantee them to You and they do not form part of Your contract with Us.

9.1.2 Before We accept Your booking, We will notify You of the scheduled flight time in effect as of that time, and it will be shown on Your Ticket. It is possible We may need to change the scheduled flight time subsequent to issuance of Your Ticket. If You provide us with contact information, We will endeavour to notify You of any such changes. If, after You purchase Your Ticket, We make significant change to the scheduled flight time, which is not acceptable to You, and We are unable to book You on an alternative flight that is acceptable to You, You will be entitled to a refund in accordance with Article 10.2.

9.2 CANCELLATION, REROUTING, DELAYS, ETC.
9.2.1 We will take all necessary measures to avoid delay in carrying You and Your Baggage. In the exercise of these measures and in order to prevent a flight cancellation in exceptional circumstances We may arrange for a flight to be operated on Our behalf by an alternative carrier and/or aircraft.

9.2.2 Except as otherwise provided by the Convention, Our policy in the event of flight disruption conforms to Regulation EC 261/2004 which governs rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. A summary of the provisions of Regulation EC 261/2004 is displayed at our check-in desks and will be provided to any Passenger who suffers flight disruption covered by the Regulation.

ARTICLE 10 - REFUNDS

10.1 Subject to the terms contained herein, some tickets may be eligible for full refund. Full details can be found in our Carrier's Information Pages posted on Our Website or available on request. Please check the fare rules prior to purchasing your Ticket.

10.2 On failure by Us to provide carriage in accordance with the Contract of Carriage refund of the fare or applicable portion thereof shall be made by Us in accordance with this Article.

10.2.1 If after having made a reservation You do not fly with Us, whether or not a refund of the fare is payable, You will be entitled to claim a refund of any taxes, fees or charges advised to You and payable by You in accordance with Article 4.2, that as a consequence We have no obligation to pay to any Government or other authority. We reserve the right to deduct a reasonable service charge from any such refund where You fail to fly with Us despite a flight being available.

10.2.2 We shall be entitled to make a refund either to the person named in the Ticket, or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.

10.3 INVOLUNTARY REFUNDS
10.3.1 If We cancel a flight or fail to stop at Your destination and no alternative flight is available, or if a refund is otherwise due to You under these Conditions of Carriage, the amount of the refund shall be:

10.3.1.1If no portion of the Ticket has been used, an amount equal to the fare paid;

10.3.1.2If a portion of the Ticket has been used, the refund will not be less than the difference between the fare paid and the applicable date for travel between the points for which the Ticket has been used.

10.3.2 Subject to Article 14, We shall not be liable for any other direct or indirect costs incurred by You as a result of such cancellation or missed destination. You are strongly advised to take out adequate insurance for the travel You intend to take.

10.3.3 Application for refunds must be made in writing to the correspondence address given at the end of these Conditions of Carriage or by telephone to Our Reservations Call Centre.
10.4 CURRENCY
We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.

10.5 CREDIT CARD CHARGES
Credit, and other payment, card charges are not refundable except where the flight is cancelled by us.

10.6 REFUND ALTERNATIVES
In circumstances where You accept an alternative to a refund the provisions of this Article will apply to that alternative.

ARTICLE 11 - CONDUCT ABOARD AIRCRAFT

11.1 GENERAL
11.1.1 If, in Our reasonable opinion, You conduct yourself aboard 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 that causes discomfort, inconvenience, damage or injury to other Passengers or the crew, We may take such measures as We deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.

11.1.2 If as a result of Your behaviour We divert the aircraft to an unscheduled place of destination and make You leave the aircraft, You must pay Us the reasonable costs of the diversion and any fines or penalties imposed on Us by the government of the country to which we have diverted.

11.1.3 For the avoidance of doubt, You are not permitted to consume alcohol that has not been purchased from Our staff on board the aircraft and in particular Duty Free alcohol purchases must remain unopened. We reserve the right to refuse to sell alcohol to any Passenger on board the aircraft.

11.2 ELECTRONIC DEVICES
For safety reasons, We may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.

ARTICLE 12 - ARRANGEMENTS BY THE CARRIER FOR ADDITIONAL SERVICES.

If We make arrangements for You with any third party to provide any services other than carriage by air, or if We issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so We act only as Your agent. The terms and conditions of the third party service provider will apply. We shall have no liability to You except for negligence on Our part in making such arrangements.

ARTICLE 13 - ADMINISTRATIVE FORMALITIES
13.1 GENERAL

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

13.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

13.2 TRAVEL DOCUMENTS
Prior to travel, You must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit Us to take and retain copies thereof. We reserve the right to refuse carriage if You have not complied with these requirements, or Your travel documents do not appear to be in order.

13.3 REFUSAL OF ENTRY
If You are denied entry into any country, You will be responsible to pay any fine or charge assessed against Us by any governmental authority of the country concerned and for the cost of transporting You from that country. We will not refund the fare collected for carriage to the point of refusal or denied entry.

13.4 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 Your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, You shall reimburse Us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on Your Ticket, or any of Your funds in Our possession.

13.5 CUSTOMS INSPECTION
If required, You shall attend inspection of your Baggage, by customs or other Government officials. 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.

13.6 SECURITY INSPECTION
You shall submit to any security checks by Government, airport officials, Carriers or by Us.

13.7 MEDICAL COSTS AND DIVERSIONS
If You are taken ill on board an aircraft and We decide that it is in your interests to divert the aircraft to enable proper medical attention to be obtained, You will be responsible for any medical costs incurred together with any accommodation costs for family or friends who accompany You and the costs of onward transportation from the unscheduled stopping point to Your final destination. We recommend that You obtain adequate travel and medical insurance prior to commencing Your journey.

13.8 PUBLISHED MATERIAL
Except in the case of Our act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, We shall not be liable for errors or omissions in timetables or other published material as to the dates or times of departure or arrival or as to the operation of any flight

ARTICLE 14 - LIABILITY FOR DAMAGE

14.1 Save as provided by the EC Regulation, carriage by Us is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which the Convention applies.

14.2 The following conditions apply to all carriage by Us (whether in accordance with the EC Regulation or otherwise):

a) In the event of an accident resulting in the death, wounding or other bodily injury of a Passenger whilst on board an aircraft operated by Us or in the course of any of the operations of embarking or disembarking, the amount of damages payable is not subject to any financial limit (be it defined by law, the Convention or contract).

b) If We prove that the damage was caused by, or contributed to by, the negligence of the deceased or injured Passenger we may be exonerated wholly or in part from Our liability in accordance with applicable law.

c) In the event of an accident resulting in the death, wounding or other bodily injury to a Passenger whilst on board an aircraft operated by Us or in the course of any of the operations of embarking or disembarking, We shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established (by a court or otherwise), make such advance payments as may be required to meet the immediate economic needs of that person on a basis proportional to the hardship suffered, provided that in the event of death the advance payment will not be less than the equivalent of 16,000 SDR per passenger.

d) Any advanced payment paid pursuant to c) above:

(i) shall not be construed as an admission of liability by Us and is made without prejudice to any defence which we are entitled to assert; (ii) may be offset against any subsequent sums payable on the basis of Us being held liable. (iii) Is not returnable unless We subsequently prove that: (1) the damage was caused by, or contributed to by, the negligence of the deceased or injured Passenger; or (2) the person who received the advanced payment caused, or contributed to, the damage by negligence; or (3) the person who received the payment was not the person to whom such compensation should properly have been paid.

e) Save to the extent that applicable law may otherwise provide, where any advanced payment paid pursuant to paragraph 2c above, or any part thereof, is returnable to Us pursuant to paragraph 2 (d)(iii) above, the person who received the payment concerned shall make the repayment to Us immediately upon the relevant proof being established (in a court or otherwise), together with interest calculated from the date of receipt of the payment by that person until the date of repayment to Us, at the then current judgement rate applicable in the court having jurisdiction.

f) In respect of any advance payment to be made pursuant to paragraph 2c above or any figure expressed in terms of an equivalent in ECUs to an amount in SDRs:

(i) the amount of the ECU equivalent shall be calculated at the prevailing rate set by the International Monetary Fund for the relevant date; (ii) in circumstances where the United Kingdom has not introduced the ECU as legal tender on the relevant date, any payment shall be made, or as the case may be any figure shall be interpreted, as Pounds Sterling by applying the prevailing market conversion rate for Pounds Sterling to ECUs for the relevant date of payment or determination as the case may be.

g) We confirm that We have liability insurance cover per passenger of at least 100,000 Special Drawing Rights and not less than the minimum amount stipulated by the Civil Aviation Authority.

14.3 Where carriage is in accordance with the EC Regulation, for claims for damages in excess of 100,000 SDRs We may be exonerated if We can prove that We and Our agents have taken all necessary measures to avoid the damage or that it was impossible for Us or Our agents to take such measures.

14.4 In respect of international carriage as defined by the Convention, Our liability in respect of Baggage is limited as follows:
a) in respect of Checked Baggage, to the sum of 17 SDRs or its equivalent per kilogram unless a higher valuation is declared to Us at check-in of the baggage concerned and a supplementary sum paid if required by Us, in which case Our liability shall be limited to such higher declared value (subject to such higher sum being limited to the value of the Passenger's actual interest in delivery at destination);

b) in respect of Unchecked Baggage, to the sum of 332 SDRs or its equivalent per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply.

14.5 In carriage which is not international carriage as defined by the Convention, Our liability is limited as follows:-

a) if the law of the United Kingdom is applicable, Our liability is governed by the provisions of the Carriage by Air Acts (Application of Provisions) Order 1967 and the Air Carrier Liability Order 1998; or

b) if the law of the United Kingdom is not applicable and unless the applicable law otherwise requires We shall be liable for damages to You or Your Checked or Unchecked Baggage only if such damage has been caused by Our negligence or the negligence of Our servants or agents. If there has been contributory negligence on Your part Our liability shall be subject to the applicable law relating to contributory negligence;

c) provided that, unless in accordance with the applicable law a different limit of liability applies, Our liability is limited as follows:

(i) in respect of Checked Baggage, to the sum of 17 SDRs or its equivalent per kilogram unless a higher valuation is declared to Us at check-in of the Baggage concerned and a supplementary sum paid if required by Us, in which case Our liability shall be limited to such higher declared value (subject to such higher sum being limited to the value of the Passenger's actual interest in delivery at destination);

(ii) in respect of Unchecked Baggage, to the sum of 332 SDRs or its equivalent per Passenger.

14.6 Special Drawing Rights shall be converted into the appropriate national currency as at the date of judgement or settlement.

14.7 To the extent not in conflict with the foregoing and whether or not the Convention applies:

(a) We are liable only for damage occurring on Our flights. A carrier issuing a Ticket or checking Baggage on the flights of another carrier does so only as agent for such other carrier. Nevertheless, in cases where the Convention applies with respect to Checked Baggage a Passenger may also have a right of action against the first or last carrier (in addition to any right of action against the carrier who performed the carriage during which the accident or delay occurred).

(b) We are not liable to damage to Unchecked Baggage unless such damage is caused by Our negligence. If there has been contributory negligence on Your part, Our liability shall be subject to the applicable law relating to contributory negligence.

(c) We are not liable for damage arising from Our compliance with any laws or Government regulations, orders or requirement, or from Your failure to comply with the same.

(d) Except in the case of acts or omissions done by Us, Our servants or agents with intent to cause damage or recklessly and with knowledge that damage to Checked Baggage would probably result, Our liability shall be limited to 17 SDRs per kilogram of the item of Checked Baggage concerned and in the case of damage to Unchecked Baggage shall be limited to 332 SDRs per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Check or Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free Baggage allowance for the class of service concerned, as provided in our Carrier's Information Pages save that if in the case of Checked Baggage a higher value is declared to Us at check-in of the Baggage concerned and any supplementary charge required by Us is paid, Our liability shall be limited to such higher declared value.

(e) Our liability shall not exceed the amount of proven damages. We shall furthermore not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising.

(f) We are not liable for injury to a Passenger or for Damage to a Passenger's Baggage caused by property contained in such Passenger's Baggage unless that injury or damage is the result of fault or negligence on Our part. Any Passenger whose property causes injury to another person or Damage to another person's property or to Our property (which is not the result of fault or negligence on Our part) shall indemnify Us in respect of all claims against Us and also for all losses and expenses incurred by Us as a result thereof.

(g) We are not liable for Damage to articles not permitted to be contained (whether or not We knew that such articles were so contained) in Checked Baggage as set out in Article 9 above except where and to the extent that the Convention otherwise provides.

(h) If We carry You and Your age or mental or physical condition is such as to involve any hazard or risk to You, We shall not be liable in any way whatsoever for any illness, injury or disability including death, attributable to such condition or for the aggravation of such condition arising out of the normal consequences of carriage by air.

(i) Any exclusion or limitation of our liability shall apply to and be for the benefit of Our agents, employees and representatives and any person whose aircraft is used by Us and such person's agents, employees and representatives. The aggregate amount recoverable from Us and from such agents, employees, representatives and person and such person's agents, employees and representatives shall not exceed the amount of Our limit of liability.

14.8 Unless expressly provided nothing herein shall waive any exclusion or limitation of Our liability under the Convention or applicable laws.

ARTICLE 15 - TIME LIMITATION ON CLAIMS AND ACTIONS

15.1 NOTICE OF CLAIMS
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the baggage has been delivered in good condition and in accordance with the Contract of Carriage, unless You prove otherwise.

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 at the latest within seven days of receipt of the Baggage. If You wish to file a claim or an action regarding delay of Checked Baggage, You must notify Us within twenty-one days from the date the Baggage has been placed at Your disposal. Every such notification must be made in writing.

15.2 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 destination, or the date on which the aircraft was scheduled to arrive, or the date on which carriage stopped. The law of the court where the case is heard shall determine the method of calculating the period of limitation.

15.3 MODIFICATION AND WAIVER
No agent, employee or representative of Ours has authority to alter, modify or waive any provision of these Conditions of Carriage.

ARTICLE 16 - INTERPRETATION.
The title of each Article of these Conditions of Carriage is for convenience only and is not to be used for interpretation of the text.

ARTICLE 17 - CHOICE OF LAW AND JURISDICTION.
Unless otherwise provided by the Convention or any applicable law, Government regulations, orders or requirements:

(a) these Conditions of Carriage and any carriage which We agree to provide You with (in respect of Yourself and/or Your Baggage) shall be governed by the laws of Scotland; and,

(b) any dispute between You and Us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of Scotland.
REGULATION (EC) No. 889/2002 NOTICE
AIR CARRIER LIABILITY FOR PASSENGERS AND THEIR BAGGAGE

This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.

Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs.

Passenger delays
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures.

The liability for passenger delay is limited to 4,150 SDRs.

Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs.

Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.

Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No2027/97 (as amended by Regulation (EC) No889/2002) and national legislation of the Member States.

DISCLAIMER: This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.

REGULATION (EC) No. 889/2002 NOTICE

Limits of liability
The applicable limits of liability for your journey on a flight operated by Hebridean Air Services Limited, are as follows:

1. There are no financial limits for death or bodily injury and the air carrier may make an advance payment to meet immediate economic needs of the person entitled to claim compensation;
2. In the case of destruction, loss of, or damage or delay to baggage, 1,000 SDRs and, if the value of your baggage is greater than this limit, you should inform the carrier at check-in or ensure that it is fully insured prior to travel;
3. In the case of delay to your journey, 4,150 SDRs.

If your journey also involves carriage by other airlines, you should contact them for information on their limits of liability.

This notice conforms to the requirements of European Community Regulation (EC) No. 889/2002
NAME OF CARRIER
Hebridean Air Services Limited
Duncan McIntosh Road

Cumbernauld Airport

Glasgow

G68 0HH