Terms and Conditions
1) Definitions:
“carrier” means all air carriers that carry or undertake to carry the passenger
or his/her baggage
hereunder or perform any other service incidental to such air carriage;
“carriage” is equivalent to “transportation”;
“ticket” means a passenger ticket and baggage check, or in the case of an
electronic ticket the
itinerary/receipt if applicable, of which these conditions form part;
“electronic ticket or e-ticket” means the itinerary/receipt issued by or on
behalf of the carrier and
if applicable, a boarding document;
“Warsaw Convention” means the Convention for the Unification of Certain Rules
Relating to
International Carriage by Air signed at Warsaw, 12th October 1929, or that
Convention as
amended at The Hague, 28th September 1955, whichever may be applicable;
2) The liability of Nomad Aviation Limited trading as Tanganyika Flying Co.
(TFC) in respect of
carriage of passengers hereunder is subject to the rules and limitations
relating to liability
established by the Warsaw Convention as applied in Tanzania, and by the terms
and conditions
stated hereunder.
3) Checked baggage will be delivered to the passenger or their agent. In case of
damage to
the baggage this must be brought to the attention of TFC in writing at the time
of delivery. In
the event of damaged or lost baggage the liability of TFC shall be limited to
the Tanzania
shilling equivalent of US$10 per kilogram. TFC has no responsibility whatsoever
for any
valuables including any cash, credit cards, jewelry, cameras, computers
contained in checked
baggage.
4) The total baggage allowance for each passenger, inclusive of hand baggage and
cameras, is
15kgs. Excess baggage will only be carried, at the sole discretion of the
captain of the aircraft,
if the payload of the aircraft and/or space permits and will be charged at the
prevailing rate for
carriage of freight. Should the passenger wish to guarantee the carriage of any
excess
baggage, extra seats may be bought, if available, at the prevailing child fare
for the sectors
involved.
5) Freight will only be carried, at the sole discretion of the captain of the
aircraft, if the payload
of the aircraft and/or space permits and the aircraft will be landing at the
freight destination
airstrip for commercial passengers. TFC will be the sole arbiter if there is any
dispute as to the
acceptability of freight on safety, legal or moral grounds or where TFC
considers there are
reasonable grounds for not accepting the freight if it could be detrimental to
the condition of
the aircraft. It is the responsibility of the owner to insure any freight and
TFC’s accepts no
liability whatsoever in the event of any damage or loss. TFC will not fly any
Dangerous Goods.
6) All TFC flights are non-smoking flights.
7) Animals will be treated as freight and only carried at the sole discretion of
TFC and subject
to the company receiving prior notice and the animal being in an airline
approved container.
8) It is the sole responsibility of passengers on international flights to
ensure that they have
the appropriate documentation, including, but not limited to, passports and
visas required by
any Government authority. TFC will have no liability whatsoever for any direct
or indirect costs
if a passenger is unable to board a flight because he/she does not have the
correct
documentation.
9) The latest Check-in time for all passengers is strictly 30 minutes before
flight time at all
airports or airfields. TFC reserves the right to depart up to 5 minutes ahead of
the scheduled
departure time if passengers are not present at the place of departure by that
time.
TFC has no responsibility for direct or indirect costs resulting from passengers
missing a flight
due to non-compliance, for whatever reason, with the above Check-in times. The
above Checkin
periods do not apply for passengers connecting off one TFC flight directly onto
another TFC
flight and connections are guaranteed. Due to the nature of the operation the
departure times
may change within 24 hours of departure, TFC will ensure that all agents and or
passengers
will be informed of any new departure times at least 3 hours before the
appropriate time.
10) During Check-in passengers will be required to prove their identity by
passport or other
identity document containing a photograph.
11) TFC undertakes to use its best efforts to carry passengers and baggage with
reasonable
dispatch. However the times shown on tickets or timetables form no part of the
contract
between TFC and the passenger and TFC reserves the right to change departure
times or
carrier when so required for operational, weather or safety reasons.
12) TFC only guarantees a connection to another flight when that flight is also
being operated
by TFC. TFC accepts no responsibility whatsoever for direct or indirect costs
related to a
passenger off a TFC flight missing a connection to a flight on another carrier.
13) If a TFC flight is significantly delayed then TFC will provide
refreshments/meals appropriate
to the time of day and length of delay. TFC will not have responsibility for any
other direct or
indirect costs resulting from the delay.
14) TFC reserves the right to allocate seats to standby passengers if ticketed
passengers have
not checked in by 15 minutes prior to the scheduled departure time. In such
circumstances
ticketed passengers who subsequently arrive will only be boarded if there are
still available seats.
15) At its sole discretion TFC may impose a requirement for a minimum number of
passengers
to be booked to a particular destination before operating that particular
flight.
16) TFC only accepts the carriage of persons under the age of 12 years if they
are
accompanied by an adult.
17) TFC reserves the right to deny carriage to any person or offload him/her at
any
airport/airstrip if in their sole discretion it is considered that:
•
Carrying the passenger might endanger the safety of the aircraft, crew or other
passengers.
•
The passenger is drunk or under the influence of alcohol or drugs
•
The passenger’s mental or physical state is a danger or risk to the aircraft,
crew or
other passengers.
•
The passenger has refused to comply with a personal or baggage security check
•
The passenger has refused to comply with instructions related to safety or
security
from the crew or other authorised persons
•
The passenger has used threatening or abusive words or gestures to any TFC
employee or other authorised person
•
The passenger has made any threat related to the safety of the ircraft.
•
No agent, servant or representative of TFC has the authority to alter, modify or
waive
any of these Conditions of Carriage.
18) The contract evidenced hereby or contained herein shall be governed by the
Law of
Tanzania and any claim or dispute arising hereunder shall be determined by the
Tanzanian
courts to the exclusion of the courts of any other country.