Conditions of Carriage

ARTICLE 2- APPLICABILITY

These Conditions are the Conditions of Carriage referred to in the Passenger Ticket and Baggage Check of Royal Air Charter Services, Inc (Hereafter “Royal Air ”) and apply to Domestic/International carriage by air of Passenger and baggage, including services incidental thereto, performed by Carrier for compensation or reward.

• These Conditions also apply to gratuitous or reduced fare carriage except to the extent that Carrier has provided otherwise in the relevant contracts, passes or Tickets. However, these Conditions are subject to change without notice with the approval of the Civil Aeronautics Board (CAB), provided that no such change shall apply after ticket has been issued.
• 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 into the terms of the charter agreement or the Ticket. If the Carriage is performed pursuant to a package tour holiday contract with a third party these Conditions of Carriage apply to your carriage by air except for those provisions dealing with refunds.
• To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention as defined in Article 2 (f) hereof, where applicable, and/or any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.
• All passengers traveling on international routes must possess valid passports with at least six (6) months’ validity and the applicable valid visas. Such passengers shall possess a return on an onward journey ticket
• On some services we have arrangements with other carriers known as “Code Shares”. This means that even if you have a reservation with us and hold a “Ticket where our name or Airline Designator Code (RW) is indicated as the carrier, another carrier may operate the aircraft. These Conditions of Carriage also apply to such transportation. If such arrangements apply, we will advise you of the carrier operating the aircraft at the time you make a reservation.

ARTICLE 3- ELECTRONIC TICKET (ITINERARY)

• Ticket as Prima Facie Evidence of Contract – The ticket constitutes prima facie evidence of the contract of carriage between Carrier and the passenger named on the ticket. Carrier will provide carriage only to the passenger holding such ticket, or holding, as proof of payment or part payment, any other Carrier document issued by Carrier or its Authorized Agent. The ticket is and always remains the property of the issuing Carrier. The Conditions of Contract contained in the ticket are a summary of some of the provisions of these Conditions of Contract.
• Requirement for Ticket – Except in the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person presents a ticket valid and duly issued in accordance with Carrier’s Regulations and containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Carrier or its Authorized Agent. In the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person provides Valid Government ID and has a ticket valid and duly issued in accordance with Carrier’s Regulations and contained in Carrier’s data base.
• Ticket not Transferable – A ticket is not transferable. If someone other than the person entitled to be carried on a ticket travels pursuant to that ticket or is given a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage, or makes a refund to the person presenting the ticket. Further, if a ticket were to be used by any person other than the person entitled to be carried, with or without the knowledge and/or consent of the person entitled to be carried, Carrier is not liable for the death or injury to or delay in the carriage of such person or for the destruction, loss or damage to or delay in the carriage of such person’s baggage or other personal property arising from or in connection with such use.
• Changes to the ticket requested by the passenger will be subject to Carrier’s Regulations and may require payment of a change fee.
• Extension of Validity – If a passenger is prevented from travelling within the period of validity of the ticket because Carrier: cancels the flight on which the passenger holds a reservation; or omits a scheduled stop, being the passenger’s place of departure, place of destination or a stopover; or fails to operate a flight reasonably according to schedule; or causes the passenger to miss a connection; or substitutes a different class of service; or is unable to provide previously confirmed space, the validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available in the class of service for which the fare has been paid.
• Ticket Validity – Except as otherwise provided in the Ticket, these conditions or Carrier’s Tariffs, a Ticket is valid for carriage for one (1) year from the date of commencement of flight or if no portion of the Ticket is used, from the date of issue thereof. A Ticket issued at other than normal fare or under certain restrictions is valid for carriage or for refund only as may be provided for in the conditions prescribed in the Ticket or Carrier’s Tariffs.
• When a passenger after having commenced his journey is prevented from travelling within the period of validity of his ticket by reason of illness, Carrier will extend (provided such extension is not precluded by Carrier’s Regulations applicable to the fare paid by the passenger) the period of validity of such passenger’s ticket until the date when he becomes fit to travel according to a medical certificate, or until Carrier’s first flight after such date from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid.
• Carrier’s name may be abbreviated in the Ticket. Carrier’s address shall be deemed to be the airport of departure shown opposite the first abbreviation of Carrier’s name in the “Carrier” box in the Ticket. However, this shall not necessarily be taken to be the place where the Carrier is domiciled or ordinarily resident for purposes of the Convention.

ARTICLE 4- FARES, TAXES AND CHARGES

• Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town centres, unless Carrier’s Regulations provide such ground transport will be furnished without additional charge.
• Applicable fares for carriage governed by these Conditions are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier’s Regulations. Subject to government requirements and Carrier’s Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt. When the amount that has been collected is not the applicable fare the difference shall be paid by the passenger, or, as the case may be, refunded by Carrier, in accordance with Carrier’s Regulations.
• Carrier does not provide any ground transport services between airports or between airports and town centres, except as otherwise provided in Carrier’s Regulations. Carrier is not liable for the acts or omissions of any operator of such ground transport services and shall not be liable therefore by reason of anything done by an employee or agent of Carrier in assisting the passenger to avail of such services. In cases where Carrier itself provides ground transport services, these Conditions and Carrier’s Regulations shall be deemed applicable to such services and any additional charges payable for the use of such services in accordance with Carrier’s Regulations shall not be refundable if such services are not used by the passenger.
• Any tax or charge imposed by government or by municipal or other authority, or by the operator of an airport, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the passenger, except as otherwise provided in Carrier’s Regulations.
• Subject to applicable law, fares and charges are payable in any currency acceptable to Carrier. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with Carrier’s Regulations.
•  Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated and subject to the approval of CAB Board.
• All fares, prices, flights schedules, routes published, pre-booked products and services are correct of the time of publication and are subject to change to any time and from time to time without prior notice and shall be subject to the approval by the CAB Board.
• CONNECTING FLIGHTS- The airline is strictly a point-to-point carrier and shall not be responsible to the passenger for any connecting flights. The Airline shall not be liable to the passenger for his/her failure to meet any connecting flights.
• PWD (Passenger with Disability) or PRM (Passengers with Reduced Mobility) is entitled to a twenty percent (20%) discount on base fare for domestic air travel upon presentation of a valid ID (identification card) issued by the NCDA (National Council on Disability Affairs) or a local government unit. The 20% discount shall be applicable only for fares and for the payment over the counter and through the Airline’s website.
• A Filipino Senior Citizen is entitled to a twenty percent (20%) discount on base fare for domestic air travel and exemption from the VAT (Value Added Tax) on fares only on the purchase of the itinerary for his/her exclusive use. Provided that, upon purchase, a senior citizen must present as proof of identification the Senior Citizen’s Identification Card issued by the Office of the Senior Citizen Affairs (OSCA).
• The fees for infants between sixteen (16) days old to under the age of two (2) years (24 months) old (on the date of travel for the first outbound flight) are provided for in the Fee Schedule. An infant may travel provided he sits on an adult’s lap. Only one (1) infant is allowed for one (1) adult. No perambulators are allowed on board the aircraft. The number of infants is limited per flight due to safety regulations and as such, there may be a possibility that we may not be able to accommodate your request to carry infants with you.
• Once a booking number has been issued, flight changes are subject to the following terms: Inside of forty-eight (48) hours prior to the scheduled flight departure time, no changes by Passenger are allowed. The charges for flight change outside of forty-eight (48) hours prior to the scheduled flight departure time are provided for in the Fee Schedule, subject to the following conditions:
  • if the new flight date booked is in a higher fare class than that of the cancelled booked flight, the difference in fares shall be paid by the Passenger before the cancellation or change can be made;
  • the change is not confirmed until we issue you a new Itinerary and/or booking number;
  • changes on route(s) are not allowed.
  • Promotional Fares are not allowed for flight change.
• Seat selection
  • Seat selection is subject to availability at the time of request. Advance seat reservation Is only available on or after ticket purchase.
  • Seat selection is not available on all seats due to operational and safety reasons.
  • Children travelling alone are not eligible to choose seats in advance.
  • Passengers with special needs requiring specific seating accommodation shall be allocated an appropriate seat.
  • Non-refundable, subject to the terms and conditions of the APBR
  • Non-transferrable
  • Advance seat reservation refund conditions are independent from ticket refund conditions, in the event of involuntary changes to your seat as a result of operational, safety or security reasons, will be eligible to refund -premium seat re-seated on economy seat.
• 4.14 Travel Insurance we recommend passenger to avail travel insurance to cover
  • Accidental death or permanent disablement
  • Unprovoked murder and assault
  • Accidental medical reimbursement
  • Accidental burial benefits
  • Baggage delay
  • Trip cancellation
  • Trip curtailment
  • Flight delay
  • Loss of baggage and personal effects
  • Hospital confinement allowance

ARTICLE 5- RESERVATIONS REQUIREMENT

• A reservation is not confirmed until: (1) it is entered on the appropriate flight coupon, or in the case of an electronic ticket, the electronic coupon, by Carrier or its Authorized Agent; (2) a ticket has been duly issued to the passenger, or in the case of an electronic ticket, when it has been duly created in Carrier’s database; and (3) the passenger has paid for the ticket (or made credit arrangements with Carrier) within the ticketing time limit prescribed in Carrier’s Regulations. A reservation that does not comply with any of these requirements may be cancelled by Carrier at any time without notice.
  • As provided in Carrier’s Regulations, certain fares may have conditions which limit or exclude the passenger’s right to change or cancel reservations.
• Personal Data – The passenger recognizes that personal data has been given to Carrier for the purposes of making a reservation for carriage, obtaining ancillary services, and making available such data to government agencies who may share such personal data with other government agencies which is beyond the control of the Carrier. For these purposes, the passenger authorizes Carrier to retain such data and to transmit it to its own offices, other carriers or the providers of such services, in whatever country they may be located. However, please note that government regulations may require that we provide information on or permit access to passenger/customer data.
• Seating – The Airline does not guarantee to provide any particular seat in the aircraft and the passenger agrees to accept any seat that may be allocated upon check-in or is otherwise made available on the flight. The Airline reserves the right to re- assign seats at anytime, including after boarding of the aircraft. This may be necessary for operational, safety, government, regulatory, health or security reasons.

ARTICLE 6- CHECK-IN AND BOARDING

• Deadline and Conditions The Airline’s check-in counters are open (2) two hours before the scheduled flight time or departure. The counters close forty-five (45) minutes before such scheduled time of departure. Check-in deadlines may vary at different airports and for particular flights. It is the passenger’s responsibility to ensure that he/she complies with these deadlines particulars of which will be available at the time of booking. In any event, without diminishing from the generality of the other provisions of these Terms and Conditions governing the right of the refusal of carriage, the Airline reserves the right not to allow the passenger to check-in without any liability and without having to refund any fare paid to him/her if:
  • The passenger attempts to check-in within forty-five (45) minutes before the scheduled time of departure;
  • The passenger fails to have the proper documents (travel documents that are damaged will not be accepted as proper documents), visas, permits and the necessary for travel to a particular place or country;
  • The passenger fails to have the proper identification or fails to identify himself/herself to an Airline Staff;
  • The passengers has not truly paid any fare or other fees or charges sue to the Airline;
  • The passenger’s mental or physical state, serious illness, pre-existing medical condition, attitude or demeanour, including his/her intoxication or impairment from alcohol or drugs (i) poses a hazard to himself, to other passengers, to crew or to property, or (ii) requires special assistance, which if not provided will expose these persons and properly to risk and which the Airline justifiably cannot or is unable to provide at the time of the flight;
  • The carriage of the passenger may risk the safety, health or security or materially affect the comfort of the other passengers or crew;
  • The passenger refuses or fails to observe the Airline’s safety or security related instruction;
  • The passenger refuses for any reason to submit to a security check
  • The passenger has committed misconduct during check-in, at the departure terminal, or on board a previous flight, including physical or verbal abuse of Airline staff, agents, or representatives or other passengers or persons, and the Airline reasonably believes that the conduct may be repeated;
  • The passenger has been violent to the Airline staff or caused disturbance at check-in counter has abused or intimidated the Airline staff whether physically or verbally;
  • The government or other authorities prohibits the passenger’s checking in or boarding the aircraft;
  • In the airline’s judgement, the passenger is not fit to travel due to drunkenness, drug addiction or any obvious adverse physical or medical condition and/or;
  • In the airline’s judgement, the passenger is not medically fit to travel or his/her medical condition poses or could pose a danger or threat to the health of other passengers.
• The passenger must be at the boarding gate at least thirty (30) minutes before the scheduled flight departure time. Priority boarding will be given to persons travelling with infants or children, unaccompanied minors, expectant mother, persons with disability, persons with reduced mobility, persons with medical conditions and other persons needing special assistance
• Should a passenger fail to show up at the check in counters or at the boarding gate within the prescribed period or board the aircraft at the appointed boarding time, the Airline will offload his Baggage after exerting best effort to inform the passenger at the soonest possible time and in such practical manner, and then proceed with the flight without him/her and without incurring any liability to him/her. In that event, the flight will be considered flown and the passenger will not be entitled to refund the fare or rebook the flight.
• The passenger is solely responsible for complying with the laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms and Conditions, notices and instructions given by the Airline relating thereto. The Airline shall not be liable to any whatsoever to the passenger in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands notices, requirements or instruction, whether given orally or in writing or otherwise, for the consequences resulting from his/her failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.
• The passenger is responsible for obtaining and must process and have available for presentation as required by the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands, or requirements of the countries flown from, into or over. The Airline reserves 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.
• Adult passengers are required to produce proof of identification. Passengers travelling on international routes must possess valid passports with at least six (6) months validity from date of travel and the applicable valid visas. Such as passengers shall possess a return on an onwards journey ticket.
• You shall submit to any security or health checks by Government or airport officials or by the Airlines.

ARTICLE 7- REFUSAL AND LIMITATION OF CARRIAGE

Carrier may refuse carriage of any passenger or passenger’s baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier decides that:

• The carriage of the Passenger has previously resulted in or will result in the Airline’s non- compliance with any applicable government laws, regulations or orders, whether foreign or domestic;
• The conduct, age, or mental or physical state of the passenger is such as to:
  • require special assistance of Carrier beyond that which is required by applicable laws;
  • cause discomfort or make himself objectionable to other passengers;
  • involve any hazard or risk to himself or to other persons or to property; or
• Such action is necessary because the passenger has failed to observe the instructions of Carrier;
• The passenger has refused to submit to a security check;
• The applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Carrier and the passenger (or the person paying for the ticket) have not been complied with;
• The passenger does not appear to be properly documented, or may seek to enter a country through which he is in transit, or may destroy his documentation during flight, or will not surrender travel documents to be held by the flight crew, against receipt, when so requested by the Carrier;
• The ticket has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its Authorized Agent, or has been reported as being lost or stolen, or is a counterfeit ticket, or any flight or electronic coupon has been altered by anyone other than Carrier or its Authorized Agent, or in the case of a flight coupon, has been mutilated, and Carrier reserves the right to retain such ticket;
• The person presenting the ticket cannot prove that he/she is the person named in the ticket. Carrier reserves the right to retain such paper ticket;
• The person has been issued a Banning Notice and the person has bought the ticket while the ban is in force. Once the Banning Notice has been issued to the person, he/she shall not be allowed to buy a ticket or ask or allow anyone to buy a ticket for him/her. Carrier will refuse to carry the person if he/she tries to travel while a Banning Notice is in force against him/her and he/she will be entitled to a voluntary refund. The Banning Notice will state the date when the ban comes into effect.
• Acceptance for carriage of children, incapacitated persons, pregnant women or persons with illness may be subject to prior arrangement with Carrier, in accordance with Carrier’s Regulations. However, for reasons of safety, Passengers in the following categories will be required to travel with an attendant:
  • A Passenger with a mobility impairment so severe that the individual is unable to assist in his/her own evacuation.
  • A Passenger with severe hearing and vision impairment who is unable to establish some means of communications to permit the Passenger to receive the Carrier’s safety briefing;
  • A Passenger who is travelling on a stretcher or in an incubator or who requires administration of certain medical services during the flight (e.g. medical oxygen, respirator, intravenous injections, etc.) which he/she cannot administer on himself/herself.

ARTICLE 8- BAGGAGE

Carrier may refuse carriage of any passenger or passenger’s baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier decides that

Items Unacceptable as Baggage:

•  The Passenger shall not include in his or her Baggage:
  • items which do not constitute Baggage as defined in Article 2 hereof and as stated hereunder;
  • items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA), and in Carrier’s tariffs;
  • Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over;
• Firearms and ammunitions are prohibited from carriage as Baggage.
• The Passenger shall not include in Checked Baggage, money, jewelry, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
• Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage in accordance with Carrier’s tariffs, but will not be permitted in the cabin.
• If any items referred to in this Article Sub-sections (a), (b) or (c) above are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of Baggage.

Right to Refuse Carriage

• Carrier may refuse to carry as Baggage the items described in Paragraph 1 of this Article which are prohibited from carriage as Baggage and may refuse further carriage of any such items on discovery thereof. The right of search of Carrier does not impose an obligation on Carrier, nor does the right of search, whether exercised or not, constitute an agreement, either express or implied by Carrier to allow carriage of items which would otherwise be precluded from carriage under sections 1 and 2 of this Article.
• Unless advance arrangements for its carriage have been made with Carrier, Carrier may not carry on later flights, Baggage which is in excess of the applicable free allowance.

Checked Baggage

• Upon delivery to Carrier of Baggage to be checked, Carrier shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. The Baggage Identification Tag issued by the Carrier is not the Baggage Check and is for identification purposes only.
• If Baggage has no name, initials or other personal identification, the Passenger shall affix such identification to the Baggage prior to acceptance delivery to Carrier.
• Checked Baggage will be carried on the same flight as the Passenger unless Carrier decides that this is impracticable, in which case Carrier will carry the Checked Baggage on Carrier’s next flight on which space is available or through other carriers.
• Carrier may refuse to accept an item as Checked Baggage unless it is properly packed in a suitcase or other suitable container to ensure safe carriage with ordinary care in handling.
• Carrier reserves the right to restrict the weight, size and character of Baggage according to capacity and accommodation of the particular aircraft.
• A baggage fee is charged for the carriage of Checked Baggage, which will be charged at a discounted rate if purchased at time of booking or up to 4 hours prior to the scheduled time of departure or at a full rate at the Airport Check-in counters. A minimum of 15kg for domestic flight and 20kg for international flights of Checked Baggage may be purchased at first instance. Any passenger checking in baggage which exceeds the amount purchased at time of booking will be charged on a per kg basis at the Airport Check-in counters. Please refer to our fee schedule for details on all rates. The fee is non-refundable and non-transferable. Baby buggies, manual wheelchairs, mobility devices* and walking frames are carried free of charge provided these items are used by passengers.

Excess Value Declaration and charges:

• A Passenger may declare a value for Checked Baggage in excess of the applicable liability limits in accordance with Carrier’s Tariffs. If the Passenger makes such a declaration the Passenger shall pay the applicable charges. Carrier shall have the option to inspect the Checked Baggage to ascertain veracity of the declared value.
• Carrier will refuse to accept an excess value declaration on Checked Baggage when a portion of the carriage is to be provided by another carrier which does not offer the facility.
• Except as otherwise provided in Carrier’s Tariffs, excess value charges shall be payable at the point of origin for the entire journey to final destination, provided that if at a stopover en route Passenger declares a higher excess value than that originally declared, additional excess value charges for the increased value from such stopover to final destination shall be payable.

Unchecked Baggage

• Hand Carried Baggage – Passenger is allowed for two (2) piece of Hand Carried Baggage free of charge, provided they meet the conditions, size and weight limitations(Unchecked Baggage may be a combination of any of the following two (2) pieces: One (1) cabin baggage or one (1) laptop bag or one (1) handbag or one (1) small bag. It should not weigh more than seven kilograms ( 7kgs.) and must not exceed the dimension of 20cmx32cmx45cm. Baggage which the Passenger carries into the aircraft must fit under the seat in front of the Passenger or in an enclosed storage compartment in the cabin. Items determined by Carrier to be of excessive weight or size will not be permitted in the cabin and if suitable shall be transported as Checked Baggage.
• Objects not suitable, in the opinion of the Carrier, for transport in the cargo compartment, such as but not limited to delicate musical instruments and the like, will only be accepted for transportation in the cabin compartment if due notice has been given in advance and permission granted by Carrier. The transport of such objects may be subject to separate charges.

Collection and Delivery of Baggage

• The passenger shall collect his baggage as soon as it is available for collection at places of destination or stopover.
• Carrier shall deliver checked baggage to the bearer of the baggage check upon payment of all unpaid sums due to Carrier under the contract of carriage. Carrier is under no obligation to ascertain that the bearer of the baggage check is entitled to delivery of the baggage and Carrier is not liable for any loss, damage, or expense arising out of or in connection with its failure so to ascertain. Delivery of baggage will be made at the destination shown in the baggage check.
• If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage (identification) tag, Carrier will deliver the baggage to such person only on condition that he/she establishes to Carrier’s satisfaction his right thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by Carrier as a result of such delivery.
• Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.

Unclaimed Baggage

• Any Baggage which is unclaimed after being in the Carrier’s possession for thirty (30) days shall be disposed of by Carrier in any manner it deems proper.

Animals

• Carriage of live animals as checked baggage is not permitted.
• Guide dogs accompanying sight/hearing impaired Passengers together with containers and food, will be carried subject to Carrier’s Tariffs.
• Acceptance for carriage of animals is subject to the condition that the Passenger assumes full responsibility for such animal. Carrier shall not be liable for any injury to or loss, delay, sickness or death of such animal in the event that it is refused entry into or passage through any country, state or territory.

Plants

• Plants, flowers, fruits, cuttings or other plant products may be carried subject to Carrier’s Tariffs and other pertinent governmental and airport requirements.

Fragile and Perishable Items

• Fragile and perishable items will be refused carriage if packaging is not acceptable to Carrier unless the Passenger executes an undertaking releasing Carrier from liability for damage, loss or spoilage of such items.

LAGS

• LAGs: These may include, but not limited to: water and other drinkable liquids; foods with sauce or with a high content of liquid; creams, lotions, perfumes, cosmetics and oils; gels, including hair and bath gels; substances in self-pressurized containers (for example, aerosols), including shaving foam, and other foams and deodorants; pastes, including toothpaste; mixtures of liquid and solid substances; mascara, lip gloss or balsam as well as any other article of a similar consistency at room temperature.
• All passengers, upon departing from the airport, should carry the liquids, gels and aerosols (LAGs) in the amounts that exceed 100 ml (3.4 ounces) inside their unaccompanied luggage, that is, the luggage that is checked in at the airline desk. In case any LAGs are found in the hand baggage during the inspection, the Customs would be required to seize them in order to comply with air safety rules.
• Passengers will be entitled to carry inside the hand luggage some liquids, aerosols or gels as personal hygiene items as long as their volume does not exceed 100 ml and there is only a single item of a different kind (that is, up to 100 ml of a liquid, an aerosol and a gel).
• There are exceptions, such as medicines, special diets and other medical requirements, in which case passengers would be required to show a prescription or a medical certificate and provided the amounts of these substances are in proportion to the passengers’ needs and itineraries. Also exempted are the milk and food for babies, provided they travel on board the aircraft.
• The liquids, gels and aerosols that are bought at the airport’s departure lounge duty free shops or on board of airplanes are not subject to any transportation restriction provided they are adequately packaged and sealed in safety bags against improper handling (STEB) which are to remain closed until the passengers arrive at their final destination.

Items Removed by Airport Security Personnel

• Carrier will not be responsible for, nor have any liability in respect of items removed from Passengers or their Baggage by airport security personnel.

ARTICLE 9- SCHEDULES, CANCELLATION OF FLIGHTS

• The Airline will use its best efforts to avoid any delay in carrying passengers and their baggage. The Airline will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are not guaranteed and may change at any time and from time to time between the date of the booking and the date of travel as circumstances may warrant. The Airline is not liable in any way whatsoever for any loss incurred by passengers as a result of such change.
• Carrier may, without notice, substitute alternative carriers or aircraft.
• If due to circumstances beyond its control Carrier cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a Passenger’s stopover or destination point, or causes the Passenger to miss a connecting flight on which the Passenger holds a confirmed reservation, Carrier shall not be liable for any indirect, special or consequential loss, expense or damage. However, it may either:
  • carry the Passenger on another of its scheduled Passenger services on which space is available; or
  • re-route the Passenger to the destination indicated on the Ticket or applicable portion thereof by its own scheduled services or the scheduled services of another carrier, or by means of surface transportation. If the sum of the fare, excess baggage charge and any applicable service charge for the revised routing is higher than the refund value of the Ticket or applicable portion thereof, Carrier shall require no additional fare or charge from the Passenger, and shall refund the difference if the fare and charges for the revised routing are lower; or
  • Make a refund in accordance with the provisions of Article 10 and shall be under no further liability to the Passenger.

ARTICLE 10- REFUND

General

• On failure by Carrier to provide carriage in accordance with the Contract of Carriage, or where a Passenger requests a voluntary change of his/her arrangements, refund for an unused Ticket or portion thereof shall be made by Carrier in accordance with this Article and with Carrier’s Tariffs.

Person to Whom Refund Will Be Made

• If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and Carrier has so indicated on the Ticket that there is a restriction on refund, Carrier shall make a refund only to that person paying for the Ticket or to that person’s order.
• Except as hereinafter provided in this Article, refund shall be made either to the Ticket holder, or to the person who has paid for the Ticket upon presentation of satisfactory proof of entitlement to the refund.
• Except in the case of lost international Tickets, refunds will only be made on surrender to Carrier of the Passenger Coupon and surrender of all unused Flight Coupons.
• A refund made to anyone presenting the Passenger Coupon or Passenger receipt and all unused Flight Coupons and holding himself/herself out as a person to whom refund may be made in terms of (a) or (b) above shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund.

Involuntary Refunds

• If Carrier cancels a flight, or fails to operate a flight reasonably according to schedule, or fails to stop at a point to which the Passenger is destined or ticketed to stop over, or is unable to provide previously confirmed space or causes the Passenger to miss a connecting flight on which the Passenger holds a confirmed reservation, or refuses carriage to a Passenger in accordance with these conditions, the amount of the refund shall be:
  • if no portion of the Ticket has been used, an amount equal to the fare paid;
  • if a portion of the Ticket has been used, the refund will be the difference between the fare paid and the applicable fare for the transportation used.

Voluntary Refunds

If the Passenger wishes a refund of his or her Ticket for reasons other than those set out in Paragraph 3 of this Article, the amount of the refund shall be:

• If Carrier cancels a flight, or fails to operate a flight reasonably according to schedule, or fails to stop at a point to which the Passenger is destined or ticketed to stop over, or is unable to provide previously confirmed space or causes the Passenger to miss a connecting flight on which the Passenger holds a confirmed reservation, or refuses carriage to a Passenger in accordance with these conditions, the amount of the refund shall be:
  • if no portion of the Ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees.
  • if a portion of the Ticket has been used, the refund will be the difference between the fare paid and the applicable fare for the transportation used, less any applicable service charges or cancellation fees.

Right to Refuse Refund

• Carrier may refuse refund when application therefor is made fifteen (15) days after the expiry of the validity of the Ticket.
• Carrier may refuse refund on a Ticket which has been presented to Carrier or other carriers or to government officials of a country as evidence of intention to depart therefrom, unless the Passenger establishes to the Carrier’s satisfaction that he/she has permission to remain in the country or that he/she will depart therefrom by another carrier or another means of transport.

Currency

• All refunds will be subjected to government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the Ticket was paid but may be made in another currency in accordance with Carrier’s Tariffs.

By Whom Ticket Refundable

• Voluntary refunds will be made only by the carrier which originally issued the Ticket, or its agent if so authorized.

ARTICLE 11- CONDUCT ABOARD AIRCRAFT

• If the Passenger conducts himself/herself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other Passengers may reasonably object, Carrier may take such measures as it deems reasonably necessary to prevent continuation of such conduct, including restraint or offloading of the Passenger.
• The Passenger may not operate aboard the aircraft portable radios, televisions, telephones, or transmitting devices, including radio-controlled toys and walkie-talkies. The Passenger shall not operate any other electronic devices on board without Carrier’s permission, except that portable recorders, hearing aids, electric shavers, hand calculators, heart pacemakers and such other similar electronic devices, which Carriers may expressly allow, may be used at any time except during take-offs and landings. Visible fluid lighters may not be used on board the aircraft.

ARTICLE 12- ARRANGEMENTS BY CARRIER

• If in the course of concluding the contract of carriage by air, Carrier also agrees to make arrangements for the provision of additional services (such as hotel accommodation and excursions trips on the ground), whether or not the cost of such arrangements is for the account of Carrier, Carrier acts only as agent for the passenger and is not liable to the passenger for any damage, loss or expense whatsoever arising from or in connection with such arrangements.

ARTICLE 13- ADMINISTRATIVE FORMALITIES

• General – The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier’s Regulations and instructions. Carrier shall not be liable for any aid or information given by any agent or employee of Carrier to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to any passenger resulting from his failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
• Travel Documents – The passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned, and permit Carrier to take and retain copies thereof. Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order, or who does not permit Carrier to take and retain copies thereof.
• Passenger Responsible for Fines, Detention Costs, etc. – If Carrier is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger’s failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse to Carrier any amount so paid or deposited and any expenditure so incurred. Carrier may use towards such expenditure any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier.
• Customs Inspection – If required, the passenger shall attend inspection of his/her baggage, checked or unchecked, by customs or other government officials. Carrier is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with this requirement.
• Security Inspection – The passenger shall submit to any security checks by government or airport officials or by Carrier.
• Carrier is not liable if it determines that what it understands to be applicable law, government regulation, demand, order or requirement requires that it refuse and it does refuse to carry a passenger.

ARTICLE 14- LIMITATION OF LIABILITY/LIABILITY FOR DAMAGES

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

General Limitation of Liability

• Carrier is liable only for damage occurring on its own line or air services. A Carrier issuing a Ticket or Baggage Check over the lines or air services of another carrier does so only as agent for such other carrier and assumes no responsibility for the acts or omissions of such other
• Carrier is not liable for damage to Unchecked Baggage unless such damage is caused by the negligence of Carrier. If there has been contributory negligence on the part of the Passenger, Carrier’s liability shall be subject to the applicable law relating to contributory negligence.
• Carrier is not liable for damage arising from its compliance with any laws or government regulations, orders or requirements, or from failure of the Passenger to comply with the same.
• 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, 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. If in the case of Checked Baggage a higher value is declared pursuant to Art. VIII, Para. 6, the liability of Carrier shall be limited to such higher declared value.
• Carrier’s liability shall not exceed the amount of proven damages. Carrier shall furthermore not be liable for indirect or consequential damages.
• Carrier is not liable for loss or damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents or samples. Carriage of the foregoing shall be allowed only under special arrangements with carrier.
• If a Passenger is carried whose age or mental, medical or physical condition is such as to involve any hazard or risk to himself/herself, Carrier shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition. Carrier is not liable for any consequence resulting solely from the state of health of the Passenger.
• Carrier is not liable for injury to a Passenger or for damage to a Passenger’s Baggage caused by property contained in such Passenger’s Baggage. Any Passenger whose property causes injury to another person or damage to another person’s property or to the property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof.
• Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, employees and representatives of Carrier and any person or company whose aircraft is used by Carrier and such person’s or company’s agents, employees and representatives. The aggregate amount recoverable from Carrier and from such agents, employees, representatives and person or company shall not exceed the amount of Carrier’s limit of liability.
• Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.

Liability Limitations

• All International Travel with the Airline, where the Passenger’s journey involves an ultimate destination or stop in a country other than the country of departure, is subject to the liability rules and procedures under either Warsaw Convention, Montreal Convention, or any other relevant convention, as applicable and as amended from time to time. For Domestic Travel, the Airline’s liability for Passenger death or personal injury shall be determined in accordance with the applicable Domestic Laws. Additional protection can easily be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the Airline’s liability under the Warsaw Convention, Montreal Convention, or other relevant conventions.

Limitation of Liability for Delayed Baggage

• Whenever possible, Checked Baggage will be carried on the same aircraft as the Passenger. The Airline may decide for safety, security or operational reasons to carry it on another flight. If a Checked Baggage is carried on a subsequent flight, the Airline will deliver it to the Passenger unless applicable law requires the Passenger to be present for clearance by customs authorities. For delayed Checked Baggage, the Airline’s liability shall be determined under the Warsaw Convention, Montreal Convention, or Domestic Laws as applicable and as amended from time to time.

ARTICLE 15- DENIED BOARDING COMPENSATION

Denied Boarding Compensation

• A passenger checked in for a particular flight has the right to board the aircraft for the purpose of flight, except when there is legal or other valid cause, such as, but not limited to, immigration issues, safety and security, health concerns, non-appearance at the boarding gate at the appointed time, or government requisition of space as provided for in Section 10.2. Other than these causes, no passenger may be denied boarding without his/her consent.
• While it is an accepted practice for an carrier to overbook its flights, any expense, consequence, or inconvenience caused to affected passengers must be borne by the air carrier, as follows:
  • The air carrier shall determine the number of passengers in excess of the actual seat capacity of the aircraft. The air carrier shall announce that the flight is overbook, and that it is looking for volunteers willing to give up their seats in exchange for air carrier compensation.
  • The air carrier shall provide the interested passengers or volunteers a list of amenities and offers, which they can choose from, which list of amenities shall always include the option to be given priority booking in the next flight with available space or to be endorsed to another air carrier upon payment of any fare difference, and provided that space and other circumstances permit such accommodation, at the option of the passenger, and/or cash incentive.
  • In case the number of volunteers is not enough to resolve the overbooking, the air carrier shall increase the compensation package by certain degrees or by adding more amenities/services until the required number of volunteers is met.
• The Passenger shall, in addition to the liquidated damages, have priority of booking for the next available flight using the same Ticket for which he was denied boarding provided, however, that, persons with disability, the elderly and unaccompanied minors shall have priority over other Passengers.

Exceptions of Eligibility

A Passenger shall not be eligible for denied boarding compensation if:

• the flight for which the Passenger holds confirmed reservations is unable to accommodate him because of: (1) government requisition of space; or (2) substitution of equipment of lesser capacity when required by operational and/or safety reasons and/or other causes beyond the control of the Carrier;
• the flight is cancelled due to operational and/or safety reasons, force majeure, weather, strikes, or other causes beyond the control of the Carrier, or fault is attributable to passenger; or
• the Carrier arranges for comparable air transportation or for other transportation which, at the time such arrangement is made, is scheduled to arrive at the place of the Passenger’s next stop-over, or place of his destination not later than three hours in the case of domestic flights or not later than four (4) hours in the case of international flights, from the scheduled arrival time on the flight where he holds a confirmed reservation.

ARTICLE 16- CONTINGENCY PLAN ON LONG TARMAC DELAYS

In compliance with CAB Resolution N0. 49 [BM-06-08-16-2016], Royal Air hereby adopts this contingency plan on long tarmac delays. This plan applies to Royal Air scheduled services at departure, destination, and diversion airports within the Philippines. In this plan, “tarmac delay” shall refer to the holding of the aircraft on the ground, reckoned from the time the aircraft door is closed with no opportunity for its passengers to deplane, either before taking off or after landing, due to security and/or safety reasons, and such other causes as may be determined by the Air Traffic Control, making deplaning impracticable.

Commencement of Deplaning Procedures

• Royal Air Pilot-in-Command (PIC) shall ensure the comfort and convenience of the passengers on board an aircraft especially during long tarmac delays. The PIC shall immediately commence deplaning procedures of passengers on board an aircraft held at the tarmac for two (2) hours.

Tarmac Delay Limitations

• In no case shall the deplaning of passengers exceed three (3) hours for domestic flight, upon closing of aircraft doors or upon landing with the doors closed. The PIC may commence deplaning of passengers beyond the aforementioned period under any of the following circumstances:
  • The PIC determines that there is safety-related or security-related reason(s) preventing the deplaning of passengers.
  • Air Traffic Control (ATC) advises the PIC that returning to the gate for disembarkation or permitting the passengers to disembark at another disembarkation point will significantly disrupt airport operations; or
  • The PIC receives a NOTAM1 advising that the flight can depart within 30 minutes after breaking the two (2) hour threshold.

ARTICLE 17- CONNECTING FLIGHTS

Any Booking with respect to the Connecting Flights shall be required to be booked in advance. Royal Air hereby advises and informs all passengers travelling on separate tickets that as per our conditions of contract, Royal Air assumes no liability or responsibility for any misconnections caused due to but not limited to delay’s air traffic delays, et al. Further, Royal Air accepts no responsibility for separate connections to or from Royal Air flight to any other airline where separate tickets are used. Royal Air recommends passengers to have at least Twenty-Four (24) hours connection time from Royal Air flights to your connecting flights.

ARTICLE 18- MISCELLANEOUS PROVISIONS

• Governing Law – The Airline is a Philippine carrier and the contract of carriage and this General Terms and Conditions and the Regulations that are issued by the Airline from time to time shall be governed by and construed in accordance with Philippine law.
• Venue of Suit – Any action by or against the Airline must be brought before the competent courts of Parañaque City, Philippines to the exclusion of all other venues, unless otherwise permitted by the Warsaw or Montreal Conventions or local laws. The Passenger submits to the jurisdiction of these courts and will not object to the venue on the ground of inconvenient forum.
• Service of Legal Notices – The Airline will accept formal and legal notices or documents only at its head office in Parañaque City, Philippines, unless otherwise permitted by the Warsaw Convention or Montreal Convention.
• Modification and Waiver – None of the Airline’s agents, employees or representatives has the authority to alter, modify or waive any provisions of this General Terms and Conditions.