Terms & Conditions - IWS Aviation

TERMS OF USE

DEFINITIONS

In these Conditions of Carriage, the expressions set forth below shall have the following meanings:
“IWS Aviation”, “We”, “we”, “Our” or “us” means IWS Aviation (Private) Limited;
“Baggage” or “baggage” means the Passenger’s personal property accompanying the Passenger on the journey either taken on board the aircraft or accepted by IWS Aviation at the same time of boarding such passenger on the aircraft in such circumstances as set out hereinafter for transportation and delivery to such passenger at the agreed Destination set out in the Passenger Ticket by any other method of transportation including surface transportation. Unless otherwise specified, Baggage referred herein includes both the Passenger’s Checked and Unchecked Baggage.
“Baggage Check” means a document issued to Passengers by IWS Aviation as a receipt for Checked Baggage and which relates to the carriage of your Checked Baggage including Baggage Identification Tag.
“Baggage Identification Tag” means a document issued solely for identification of Checked Baggage.
“Carriage” means the transportation of Passengers and Baggage provided under the contract of carriage as evidenced by the Ticket issued to the Passenger.
“Checked Baggage” means Baggage which IWS Aviation has taken delivery of from a Passenger for the purpose of transportation for which a Baggage Identification Tag has been issued;
“Conditions of Carriage” means those statements contained in or delivered with any Ticket or Itinerary issued including inter alia the Tariff and these terms, conditions and notices, which are hereby incorporated by reference into all Tickets issued for travel on IWS Aviation which are available at the office(s) of or on the Website of IWS Aviation;
“Convention” means the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (Warsaw Convention), as amended as amended at The Hague and incorporated into Sri Lankan law by Part II of the Air Navigation (Special Provisions) Act, No. 55 of 1992
Damage” means and includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft destruction or other damage to Baggage, arising during transportation by air or in the course of embarkation or disembarkation in relation to Carriage performed by IWS Aviation;
“Destination” means the place of destination set forth in the Ticket.
“Force Majeure” means and includes any laws, regulations, requirements, acts, demands, orders, interposition’s or interference of any governmental authority, acts of God, sanctions (financial or otherwise), seizure by government under legal process, hijacking, riots, civil commotion’s, strikes or labour stoppage (whether resulting from disputes between a party hereto and its employees or between other parties whose involvement is essential for the operation of the Aircraft), for, fog, flood, weather, inability to obtain fuel, quarantines, requisition of the Aircraft, Governmental military airlift requirements, war, rebellion, insurrections, hostilities or hazards or dangers incident thereto, damage or accident to the Aircraft or failures, failure or refusal by any governmental authority to issue approvals, clearances, permits, operating, layover or traffic rights or rescission or revocation thereof provided that timely applications for such approvals, clearances, permits or rights, aircraft on ground (AOG) situation due to technical defects in the aircraft or any other cause whatsoever which is reasonably beyond the control of IWS Aviation.
“Passenger” means any person (except members of crew) travelling on IWS Aviation who may in these Conditions of Carriage be sometimes referred to as “You” “you” or “Your”.
“Tariff” means fares and charges published by IWS Aviation electronically or on paper and conditions applicable thereto.
“Ticket” means the document (including any electronic document) issued by or on behalf of us setting out the agreed specifications of the Carriage, and shall include in particular a proposal in relation to which an invoice has been issued to passengers.
“Website” means the internet site www.iwsaviation.com provided by IWS Aviation for the purpose of inter alia Passengers making online bookings and to access information about the IWS Aviation.

APPLICABILITY

1. General: These Conditions of Carriage apply to the carriage by air of Passengers and Baggage, including services incidental thereto performed by IWS Aviation and in relation to any liability that IWS Aviation may have in relation to that Carriage .
2. Charters – If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply to the extent they are incorporated in such charter agreement.
3. Terms & Conditions Prevail: 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.
4. Overriding Law – In the event any provision of these Conditions of Carriage are adjudged or deemed to be illegal, invalid, void and or unenforceable, the remaining provisions of these Conditions of Carriage shall not in any way be affected or impaired but shall remain binding to such extent as permitted by applicable law.

FARES, TAXES, FEES AND CHARGES/SURCHARGES

1. Fares apply only for Carriage from the airport/dock at the point of origin to the airport/dock at the point of Destination, unless otherwise expressly stated. Fares do not include ground transport service between airports/ terminals/docks and hotels. Passenger’s fare will be calculated in accordance with IWS Aviation’s Tariff in effect on the respective date of payment for travel. Any changes to the ticket (including changes to travel dates, itinerary or any other conditions relation to the Carriage) requested by the passenger may require payment of a change fee and/or additional charges.
4. Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, the IWS Aviation reserves the right to cancel the booking prior to check-in and/or to disallow the Passenger to board the aircraft.
5. We endeavor to maintain the accuracy of all fares, flight schedules and routes published at the time of publication. The IWS Aviation reserves the right to revise any fares and flight schedules at any time and from time to time without prior notice.
6. The Passenger hereby acknowledges and agrees that personal data has been provided to the IWS Aviation for the purposes of making bookings for Carriage and to provide the Passenger with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis and to facilitate any future dealings with Passenger. For these purposes, by entering into a contract of Carriage with the IWS Aviation the Passenger authorizes the IWS Aviation to retain and use personal data and to transmit same to its own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above.
7. Applicable taxes, fees and charges imposed by government or by municipal or other authority, or by the operator of an airport, shall be payable by the Passenger. At the time the Passenger purchases the Ticket, the Passenger will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket.

CHECK-IN, BOARDING AND CONDUCT

1. Check in will be 30 minutes prior to the scheduled departure time. The Passenger is responsible for ensuring that all travel documents including a valid ticket and passport and/or National Identity Card required to identify the Passenger are available at the time of check in.
2. IWS Aviation reserves the right to refuse carriage or to refuse to check in a Passenger, without any liability to such Passenger and without having to refund any fare paid, in the following circumstances:
- 2.1. if the Passenger reports or attempts to check in at any time where less than thirty (30) minutes remain to the scheduled departure time of the flight;
- 2.2. if the Passenger has not fully paid any fare or other fees or charges due to IWS Aviation;
- 2.3. if the Passenger has caused disturbance or made himself objectionable to the IWS Aviation staff or other passengers, whether physically or verbally;
- 2.4. if in the judgment of the IWS Aviation, the Passenger is not fit to travel due to drunkenness/intoxication/influence of drugs or any reasonably apparent medical condition or poses or could pose a danger or threat to the health and safety of himself, other Passengers or property or the aircraft or its operations.;
- 2.5. if the passenger has failed to submit to any required medical/security checks;
- 2.6 if the Ticket has been acquired unlawfully or has been purchased from an entity other than IWS Aviation 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 IWS Aviation or its authorized agent or the person presenting the Ticket cannot prove that he is the person named in the Ticket; or
- 2.7 if such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over.

5.3. Any of the circumstances outlined in Article 5.2 it may result in IWS Aviation refusing to permit the Passenger to board the aircraft, forfeiting the Passenger’s seat and/or reallocating the same. IWS Aviation has no obligation to delay the flight for such Passenger in such instances. IWS Aviation shall not be liable to the Passenger for any loss or expense due to the Passenger’s failure to comply with the provisions of Article 5.

4. There are no seat allocations according to specific seat numbers. IWS Aviation operates a single-class and free-seating policy. Priority for boarding is given to the handicapped, elderly and those travelling with children;
5. The Passenger shall not enter or stay in the aircraft in any event wherein the opinion of any servant or agent of IWS Aviation, his/her mental status or physical condition is objectionable to other passengers, or it involves him/her being a hazard to himself/herself, other persons or property and IWS Aviation shall not be liable or responsible to provide substituted Carriage for such a person.
6. The Passenger shall remain seated at all times during the flight.
7. The Passenger shall not smoke in or in the vicinity of the aircraft, throw anything from the aircraft or walk in, about or in front of the aircraft or in the vicinity of the engine and propeller at any point.
8. The Passenger shall not, whilst on board the aircraft, consume any intoxicating beverage or illegal drugs.
9. If the Passenger fails to check in on time or fails to board the aircraft by the time the aircraft departs, the fare paid by the Passenger will not be refunded for any reason whatsoever.
10. The Passenger shall submit to any security, customs or health checks by Government of Sri Lanka or airport officials or as required by the IWS Aviation.
11. If the Passenger conducts himself 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, we may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the Passenger.
12. The Passenger may not operate aboard the aircraft portable radios, electronic games or transmitting devices including radio controlled toys and walkie-talkies. The Passenger shall not operate any other electronic devices on board without our express permission.

REFUSAL AND LIMITATION OF CARRIAGE

1. Passengers acknowledge that those with special needs (except for accompanied minors) cannot be accommodated under usual circumstances due to the inability to provide adequate facilities at all locations. Passengers with special needs are required to contact IWS Aviation for confirmation of acceptance prior to purchasing tickets.
2. Passengers acknowledge that the aircraft operated by IWS Aviation is unpressurised and that IWS Aviation cannot accommodate Passenger’s with altitude related health problems. The Passenger shall be responsible for disclosing any such health related problems before boarding which will require medical clearance in writing from their doctor in order to travel.
3. Expectant Mothers – Expectant mothers shall require medical clearance from their doctor in order to travel, which shall be evidenced by a doctor’s certificate, obtained not more than one week prior to travel, confirming fitness to travel and stating the following compulsory information: 1. Duration of the pregnancy, 2. Expected delivery date (EDD), 3. Blood pressure
4. Infants – IWS Aviation regrets that it is unable to accommodate infants within fifteen days of birth for Carriage for health and safety reasons
5. Unaccompanied Minors – IWS Aviation regrets that it is unable to accommodate any Unaccompanied Minor/s (UM) for Carriage for safety reasons.
6. The Passenger hereby acknowledges that all services of IWS Aviation are entirely at the Passengers own risk. IWS Aviation shall not be responsible for any direct/indirect losses arising from including but not limited to pregnancy, travel sickness, altitude health related problems and any other health condition inherent to the Passenger.

BAGGAGE

1. Baggage

1. EC 120 (4 seater) – the maximum weight including passengers should be 350kg.
2. EC 130 B4 (6 seater) – the maximum weight including passengers should be 450 kg

Any checked-in baggage exceeding weight allowance is strictly prohibited.

7.2. It is the objective of IWS Aviation to always to carry Baggage along with the Passenger in the same flight. However, there may be instances when Baggage may have to be sent by a later flight or through secured ground transportation provided by IWS Aviation, due to weight restrictions on the aircraft. In these circumstances Passengers must be aware that Baggage will be delivered at Destination several hours after the flight lands or in the case of departing Passengers, baggage will be collected several hours before, or in some instances the evening prior to, the scheduled departure of the flight. IWS Aviation will not in any circumstance be liable for delay in the transportation of Baggage in the circumstances set out herein. Excess baggage charges may apply.

3. IWS Aviation is not responsible for objects of value in any Passenger’s checked-in baggage (including jewellery, antiques, important documents, computer laptops, etc.). These types of articles or any essential medical supplements must be carried on the Aircraft by the Passenger.
5. Passengers are prohibited from taking into the aircraft or including in his or her Baggage any flammable liquids and solids, poison, radioactive material, explosives, volatile spirits, firearms, ammunitions, compressed gases, corrosives, lighters or matches, any easily ignitable article, any offensive thing likely to cause inconvenience to passengers, anything likely to endanger the aircraft, persons or property on board or any item prohibited or restricted from being taken on board in terms of applicable laws and regulations.
7. Fragile Baggage – IWS Aviation will only undertake to carry fragile baggage at the risk and expense of the Passenger. Whilst IWS Aviation will endeavour to ensure that fragile items are carried with due caution, it shall have no responsibility or liability in case of damage during Carriage.
8. We may refuse to accept Baggage as checked baggage unless it is properly packed in suitcases or other similar containers to ensure safe carriage with ordinary care in handling. We may also refuse to accept Baggage which is of unusual size, shape, weight or character.
9. For reasons of safety and security, we may request the Passenger to permit a search to be made of his person and his Baggage, and may search or have searched the Passenger’s Baggage in his absence if the passenger is not available, for the purpose of determining whether he is in possession of or whether his baggage contains any restricted or prohibited items as set out in Article 7.5. If the passenger is unwilling to comply with such request, we may refuse to carry the Passenger or Baggage and we shall not be liable in any manner for any loss or expense caused to the Passenger from such refusal to carry.
9. The Passenger shall collect his baggage as soon as it is available for collection at places of Destination. The 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.

SCHEDULES DELAYS AND CANCELLATIONS

1. IWS Aviation reserves the right to effect changes to the timetables between the date of publication and the date of travel. IWS Aviation makes no guarantee pertaining to the timings stated on the published timetable to the Passenger and shall not be liable in any manner to the Passenger on account of delay resulting from any changes or variations to flight schedules, timings or cancellation of flights. IWS Aviation shall nevertheless make all endeavours to provide transportation to the Passenger with due despatch and as close possible to the schedules and the agreed timings as set out in the Ticket.

LIMITATION OF LIABILITY

1 Our liability for the carriage of passengers and baggage may be governed by the Convention. If and to the extent that any of the provisions of the Convention the Conditions of Carriage are inconsistent with mandatory and applicable provisions of the Convention or law, the latter will prevail.
2. Where the Convention applies, the limits of liability set out in therein shall apply.
3. Where the Convention does not apply:
- 3.1. I WS Aviation shall be liable for damage to a passenger or his checked baggage only if such damage has been caused by the negligence of IWS Aviation.
- 3.2. If there has been contributory negligence on the part of the passenger, our liability shall be subject to the applicable law relating to contributory negligence.
- 3.3. With respect to delay, IWS Aviation shall be under no liability except as specifically provided in the Conditions of Carriage.
4. To the extent not in conflict with the foregoing and whether or not the aforesaid Convention(s) apply(ies):
- 4.1. The liability of IWS Aviation arising in the case of loss, damage or delay of checked baggage shall be limited to 250 French gold francs or its equivalent (US equivalent approximately $20) per kilogram (up to maximum the free baggage allowance weight) and in the case of unchecked baggage shall be limited to 5,000 French gold francs or its equivalent (US equivalent approximately $400) per passenger.
- 4.2. IWS Aviation is not liable for damage to unchecked baggage unless such damage is caused by the negligence of IWS Aviation. If there has been contributory negligence on the part of the passenger, IWS Aviation’s liability shall be subject to the applicable law relating to contributory negligence.
- 4.3. IWS Aviation is not liable for any 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.
- 4.4. IWS Aviation ‘s liability shall not exceed the amount of proven damages. IWS Aviation shall furthermore not be liable for indirect or consequential damages.
- 4.5. IWS Aviation 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 IWS Aviation shall indemnify IWS Aviation for all losses and expenses incurred by IWS Aviation as a result thereof.
5Any exclusion or limitation of liability of IWS Aviation shall apply to and be for the benefit of agents, employees and representatives of IWS Aviation and any person whose aircraft is used by IWS Aviation and such person’s agents, employees and representatives. The aggregate amount recoverable from IWS Aviation and from such agents, employees, representatives and persons shall not exceed the amount of IWS Aviation ‘s limit of liability.
6. Time limit for action: Any action in court to claim damages must be brought within 2 years from the date of arrival of the aircraft at the Destination, or where there was no arrival, from the date on which the aircraft ought to have arrived, at the Destination.
GENERAL
1. It is possible IWS Aviation may need to change the scheduled flight time subsequent to confirmation of a flight. If the Passenger provides IWS Aviation with contact information, IWS Aviation will endeavour to notify the Passenger of any such changes. IWS Aviation shall not accept any responsibility or liability if such notice is not provided.
2. Arrangements for Additional Services – IWS Aviation acts only as the Passenger’s agent, in the event that it makes arrangements for and on behalf of the Passenger or issues a ticket/voucher relating to transportation/services offered by any third party to provide any services other than carriage by air, (i.e. hotel reservations or car rental). The terms and conditions of the third party service provider will apply to such services.
3. In the event IWS Aviation in its absolute discretion provides surface/ground transportation to Passenger, other conditions may apply to such transportation/services, as applicable. Such terms and conditions are available from IWS Aviation upon request.
4. IWS Aviation will not carry any animals/birds on the aircraft.
5. IWS Aviation reserves the right, without notice, to cancel any flight or to substitute any aircraft for that originally scheduled or to transfer the Passenger without notice to any other aircraft or flight and all the conditions of the Ticket shall remain applicable to such substituted Carriage.
6. IWS Aviation may arrange with any person or corporation to undertake the Carriage hereby contracted for any part thereof or any service auxiliary thereto including the transportation of the passenger, his Baggage to and from any aerodrome or taking off or landing place and any such person or corporation and his servants, agents or employees shall be entitled to the benefits of these conditions to the same extent as the IWS Aviation.
7. Notwithstanding the place of issue of the Ticket or travel documents this contract shall be governed and construed in accordance with the laws of Sri Lanka.
8. Passengers’ shall comply with the instructions of IWS Aviation, its servants or agents concerning all matters connected with or consequential to the air service and shall comply with the conditions of this Ticket and the terms of any notice exhibited in the aircraft. The Passenger shall be responsible for any loss or damage occasioned by non-observance of any instructions, conditions or notice.
9. No agent, representative or third party have the authority to alter, modify or waive any provisions of this contract.