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Terms and condition

Last Updated:06 September 2011

IMPORTANT NOTICE – further terms and conditions such as the ticket returns policy, upgrades policy, commercial terms and suspensive conditions (“the Fare Rules”) are displayed as a link from this website and users can access same after the booking but before the payment cycle. Such fare rules are deemed part of these web site terms and conditions.

In this document:

SAX means SA Express; SAA means South African Airways; and
FLYEXPRESS means this website, FLYSAA means the South African Airways website including the SAABIZ website.

1. USAGE

1.1 Persons using the FLYEXPRESS web site for any reason whatsoever, subject themselves to and agree to the terms and conditions of FLYEXPRESS when accessing the web site as set out below.
1.2 This web site is intended to provide the user with information regarding FLYEXPRESS, its products offered and/or services rendered.
1.3 Without derogating from the aforegoing, FLYEXPRESS hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof, provided that:
1.3.1 such content is used for information and/or non-commercial purposes only; and
1.3.2 any reproduction of the content of this web site, or portion thereof, must include the following copyright notice: © SAX 2005. ALL RIGHTS RESERVED.
1.4 Users that wish to use content from this site for commercial purposes may only do so with prior written permission.

2. INTELLECTUAL PROPERTY RIGHTS

All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to SAX, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.

3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002

3.1 The full name and legal status of the web site owner is: South African Express Airways (Pty) Ltd, reg. No. 1990/007412/07
3.2 The full address of the web site owner is detailed hereunder.
3.3 The web site address of this web site is: www.flyexpress.aero; www.flysax.com; www.saexpress.co.za

3.4 Directors of SAX: Directors of SAX should readDirectors: (1)LG Boyle (Chairperson), *I Ntshanga (Chief Executive Officer), C Christodoulou, VW Cuba,LJ Ledwaba, BF Mohale, (2)B Ssamula, G van Heerden, M VusoCompany Secretary: E Isenschmid

1.British 2.Ugandan *Executive Director
3.5 Physical address for receipt of legal service: 4th Floor Offices, West Wing, Pier Development, Johannesburg International Airport.
3.6 Main business: Local and regional passenger/cargo air transportation.
3.7 COSTS/PAYMENT METHODS
3.7.1 Taxes: The following taxes are levied – Value-Added Tax, Airports Tax and Security Tax.
3.7.2 Manner of payment: All major credit cards.
3.7.3 Records of transactions: A record of the transaction is e-mailed to the user.

4. AGREEMENT

4.1 Booking a flight without completing the purchase cycle shall not:
4.1.1 constitute or give rise to any agreement between FLYEXPRESS and users cannot hold FLYEXPRESS liable if such items are not available when the purchase cycle is completed later; and/or
4.1.2 constitute a booking for such a booking.
4.2 An agreement between FLYEXPRESS and a user shall only come into effect if and when a credit card authorisation is received from an issuing bank; or
4.3 FLYEXPRESS reserves the right to refuse to accept and/or execute a booking without giving any reasons therefor. FLYEXPRESS also reserves the right to cancel bookings in whole or in part in FLYEXPRESS sole and absolute discretion. FLYEXPRESS shall only be liable to refund monies already paid by the user.
4.4 Time of dispatch: Users may collect tickets at SAA desks from departing airports.
4.5 Payment security: Secure Sockets Layer and digital certificates.
4.6 Alternative dispute resolution: None
4.7 Cooling-off period: You have the right to return goods or services purchased from this site within 7 days if such goods or services are not listed in section 42 of the Electronic Communications and Transactions Act No. 25 of 2002. This right does not extend to the following goods and/or services:
(a) for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
(b) by way of an auction;
(c) for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer.
(d) for services which have begun with the consumer’s consent before the end of the seven day period referred to in section 45(1);
(e) where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;
(f) where the goods-
(i) are made to the consumer’s specifications;
(ii) or clearly personalized;
(iii) by reason of their nature cannot be returned; or
(iv) are liable to deteriorate or expire rapidly;
(g) where audio or video recordings or computer software were unsealed by the consumer;
(h) for the sale of newspapers, periodicals and magazines;
(i) for the provision of gaming and lottery services; or
(j) for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
4.8 The user has the right to review, correct and cancel electronic transactions before the user effect payment and/or place a booking.
4.9 The user may lodge a complaint at the Consumer Affairs Committee, as the case may be, if this site does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement.
4.10 By using this web site or communicating with FLYEXPRESS by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.

5. CHANGES AND AMENDMENTS

5.1 FLYEXPRESS expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.
5.2 FLYEXPRESS reserves the right to change and amend the prices and rates quoted on this web site without any notice.
5.3 The user undertakes to check FLYEXPRESS frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site.

6. PRIVACY POLICY

6.1 FLYEXPRESS protects a user’s privacy.
6.2 No personal information will be disclosed to third parties without the user’s permission or due process, however, FLYEXPRESS may share personal information with business partners.
6.3 FLYEXPRESS gathers and will be in possession of the following private and personal information of users and passengers:
6.3.1 Information provided by the user voluntarily – this information is used to provide a better service to users; and
6.3.2 Information automatically provided (e.g. cookies) – this information is gathered to better your browsing and interaction with FLYEXPRESS. Cookies cannot harm your computer or carry viruses.
6.4 By using this web site the User consents to the following:
6.4.1 FLYEXPRESS may use your personal information to communicate with you from time to time. Users may indicate if they do not wish to receive such communications;
6.4.2 FLYEXPRESS may use user’s information for non-personal statistical purposes;
6.4.3 FLYEXPRESS retains the copyright in databases of personal information of users; and
6.4.4 FLYEXPRESS may share user’s information with business partners for commercial reasons.

7. LINKING AND FRAMING

7.1 Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of FLYEXPRESS.
7.2 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of FLYEXPRESS.

8. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

8.1 No information or data on this web site is an offer, but merely an invitation to do business.
8.2 Merely sending a data message to this web site shall conclude no agreements or its owners, valid agreements are only concluded as detail above.
8.3 Data messages, such as e-mail, are only deemed to have been received by FLYEXPRESS once reply to and such a reply does not include an auto-reply.

9. SEARCHING TECHNOLOGY

The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this web site is not permitted if such technology will result in slowing down this web site’ server or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 1 hereof.

10. LINKS TO THIRD PARTY SITES

10.1 FLYEXPRESS may provide links to the user only as a convenience and the inclusion of any link does not imply FLYEXPRESS’s endorsement of such sites.
10.2 Linked web sites or pages are not subject to the control of FLYEXPRESS. FLYEXPRESS shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site

11. SECURITY OF INFORMATION

11.1 All reasonable steps will be taken to secure a user’s information.
11.2 User’s undertake not to divulge their user name and passwords to any other person
11.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that FLYEXPRESS should suffer any damage or loss, civil damages will be claimed.

12. DISCLAIMER

12.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, FLYEXPRESS shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, FLYEXPRESS makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
12.2 This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with FLYEXPRESS that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software
12.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of FLYEXPRESS and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site
12.4 All items purchased from FLYEXPRESS are made pursuant to agreements with shipping and delivery agents and risk of loss pass from FLYEXPRESS to such agents upon delivery of any item to such SAA or its partners
12.5 Neither FLYEXPRESS nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website

13. SEVERABILITY

13.1 These Terms and Conditions of Use constitute the entire agreement between FLYEXPRESS and you, the user of this web site. Any failure by FLYEXPRESS to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
13.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

14. RULES OF CARRIAGE

14.1 If the user’s journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of SAX or its partners for death or personal injury and in respect of loss of or damage to baggage. See also notices headed “Advice to International Users on Limitation of Liability” and “Notice of Baggage Liability Limitations”.
14.2 As used in this contract “ticket” means this user ticket and baggage check, or this itinerary/receipt if applicable, in the case of an electronic ticket, of which these conditions and the notices form part, “carriage” is equivalent to transportation”, “SAX or its partners” means all air SAX or its partners that carry or undertake to carry the user or his baggage hereunder or perform any other service incidental to such air carriage, “electronic ticket” means the Itinerary/Receipt issued by or on behalf of SAX or its partners, the Electronic Coupons 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.
14.3 Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not “international carriage” as defined by that Convention.
14.4 To the extent not in conflict with the foregoing carriage and other services performed by each SAX or its partners are subject to:
(i) provisions contained in the ticket;
(ii) applicable tariffs;
(iii) SAX or its partner’s conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of SAX or its partners), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
14.5 SAX or its partner’s name may be abbreviated in the ticket, the full name and its abbreviation being set forth in SAX or its partner’s tariffs, conditions of carriage, regulations or timetables; SAX or its partner’s address shall be the airport of departure shown opposite the first abbreviation of SAX or its partner’s name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in SAX or its partner’s timetables as scheduled stopping places on the user’s route; carriage to be performed hereunder by several successive SAX or its partner is regarded as a single operation.
14.6 An air SAX or its partners issuing a ticket for carriage over the lines of another air SAX or its partners does so only as its Agent.
14.7 Any exclusion or limitation of liability of SAX or its partners shall apply to and be for the benefit of agents, servants and representatives of SAX or its partners and any person whose aircraft is used by SAX or its partners for carriage and its agents, servants and representatives.
14.8 Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to SAX or its partners forthwith after discovery of damage and, at least, within seven days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered.
See tariffs or conditions of carriage regarding non-international transportation.
14.9 This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in SAX or its partner’s tariffs’, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. SAX or its partners may refuse transportation if the applicable fare has not been paid.
14.10 SAX or its partners undertakes to use its best efforts to carry the user and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. SAX or its partners may without notice substitute alternate SAX or its partner or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. SAX or its partners assumes no responsibility for making connections.
14.11 Users shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by SAX or its partners or, if no time is fixed, early enough to complete departure procedures.
14.12 No agent, servant or representative of SAX or its partners has authority to alter, modify or waive any provision of this contract.
14.13 SAX OR ITS PARTNERS RESERVE THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR SAX OR ITS PARTNER’S TARIFFS, RULES OR REGULATIONS.
14.14 ADVICE TO INTERNATIONAL USERS ON LIMITATION OF LIABILITY
14.14.1 If your journey involves a destination or stop in a country other than the one from which you depart, the Warsaw Convention may govern the liability of all airlines involved in your journey, including any portion thereof within a single country. This Convention limits the liability of airlines for death or personal injury and for baggage loss or damage. Many airlines and SAX or its partners have waived the Warsaw Convention limits for personal injury or death and the defence that they have taken all necessary measures to avoid the damage for the first 100,000 Special Drawing Rights of any such claim.
14.14.2 In addition, in cases of death or bodily injury many airlines and SAX or its partners will make advance payments to the person entitled to compensation, if required to meet immediate economic needs, in proportion to the hardship suffered. In accordance with EC Council Regulation No. 2027/97 (“the Regulation”). Community air SAX or its partners as defined in the Regulation make such payments to the person entitled to compensation. Other airlines and SAX or its partners may apply alternate provisions.
14.14.3 Consequently, you should inform yourself of the conditions applicable to your journey. The Conditions of Carriage of each airline involved in your journey, including its liability limits, are available from that airline.
Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately US Dollars 9,07 per pound (US Dollars 20 per kilogram) for checked baggage and US Dollars 400 per user for unchecked baggage. For travel wholly between US points, Federal rules require any limit on an airline’s baggage liability to be at least US Dollars 1250 per user. Excess valuation may be declared on certain types of articles.
Some SAX or its partners assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the SAX or its partners.
In those countries where Denied Boarding Compensation regulations are in force, SAX or its partners operate compensation plans for users with confirmed reservations who are denied boarding because of non-availability of seats caused by overbooking. Details of these plans are available at the airline’s offices.
The price of a ticket may include taxes and fees, which are imposed on air transportation by government authorities. These taxes and fees, which may represent a significant portion of the cost of air travel, are either included in the fare, or shown separately in the ‘TAX’ box(es) of this ticket. You may also be required to pay taxes or fees not already collected.
If you break your journey for more than 72 hours at any point, please reconfirm your intention of using your continuing or return reservation. (This is not required by all airlines). To do so, please inform the airline office at the point where you intend to resume your journey at least 72 hours before departure of your flight. Failure to reconfirm will result in the cancellation of your reservation(s). If your journey is wholly within Europe this notice does not apply to you.
The time shown on the flight coupon is the departure time of the aircraft. However, to ensure on-time departure you must plan to arrive at the airport and report to the check-in counter in good time before the departure time. Flights cannot be held for users arriving late and not responsibility can be accepted in such cases. Therefore, it is in your own interest to check with the SAX or its partners on transport facilities and the minimum time required for check-in. SOUTH AFRICAN AIRWAYS is the actual SAA or its partners only when “SA” is entered in the “SAA or its partners” box of the flight coupon(s). Any other abbreviation in that box denotes another SAA or its partners.

15. APPLICABLE AND GOVENERING LAW

This web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.

16. CONTACT INFORMATION / DOMICILIUM CITANDI ET EXECUTANDI

If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
Street Address: 4th Floor Offices, West Wing, Pier Development, Johannesburg International Airport
Postal Address: P.O.Box 101, O.R Tambo International Airport, 1627, South Africa Tel: +27 11 978 9900

General conditions of carriage

ARTICLE 1 – WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS

As you read these conditions, please note that:

1.1 “We”, “our” “ourselves” and “us” means South African Express Airways (Proprietary) Limited. t/a SA Express
1.2 You”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for “Passenger”)
1.3 AGREED STOPPING PLACES” means those places, except the place of departure and the place of destination, set out in the Ticket as scheduled stopping place on your route
1.4 AIRLINE DESIGNATOR CODE” means the two-characters or three letters which identify particular air carriers.
1.5 AUTHORISED AGENT” means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
1.6 “BAGGAGE” means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked (including Skycheck) and Unchecked Baggage.
1.7 BAGGAGE CHECK,” means those portions of the Ticket which relate to the carriage of your Checked Baggage (including Skycheck).
1.8 “BAGGAGE IDENTIFICATION TAG” means a document issued solely for identification of Checked Baggage (including Skycheck).
1.9 “CARRIER” means an air carrier other than ourselves, whose airline designator code appears on your Ticket or on a Conjunction Ticket.
1.10 “CHECKED BAGGAGE (including Skycheck)” means Baggage of which we take custody and for which we have issued a Baggage Check.
1.11 “CHECK-IN DEADLINE” means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.
1.12 “CONDITIONS OF CONTRACT” means those statements contained in or delivered with Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.
1.13 “CONJUNCTION TICKET” means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage.
1.14 “CONVENTION” means whichever of the following instruments are applicable:
1.14.1 the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed as Warsaw, 12 October 1929
(hereinafter referred to as the Warsaw Convention);
1.14.2 the Warsaw Convention as amended at The Hague on 28 September 1955;
1.14.3 the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
1.14.4 the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975);
1.14.5 the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975);
1.14.6 Guadalajara supplementary Convention (1961) (Guadalajara)
1.14.7 the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28th May 1999.
1.15 “COUPON” means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it.
1.16 “DAMAGE” includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.
1.17 “DAYS” means 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.
1.18 “ELECTRONIC COUPON” means an electronic flight coupon or other value document held in our database.
1.19 “ELECTRONIC TICKET” means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.
1.20 “FLIGHT COUPON” means that portion of the Ticket that bears the notation “good for passenger,” or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
1.21 “FORCE MAJEURE” means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.
1.22 “ITINERARY/RECEIPT” means a document we issue to Passengers travelling on Electronic Tickets that contain the Passenger’s name, flight information and notices.
1.23 “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”).
1.24 “PASSENGER COUPON” or “PASSENGER RECEIPT” means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
1.25 “SDR” means a Special Drawing Right as defined by the International Monetary Fund.
1.26 “STOPOVER” means the scheduled stop on your journey, at a point between the place of departure and the place of destination.
1.27 “TARIFF” means the published fares, charged and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.
1.28 “TICKET” means either the document entitled “Passenger Ticket and Baggage Check” or the Electronic Ticket, in each case issued by us or on our behalf, and includes the conditions of Contract, notices and Coupons.
1.29 “UNCHECKED BAGGAGE” means any of your baggage other than Checked Baggage (including Skycheck).

ARTICLE 2 – APPLICABILITY

2.1 GENERAL: Except as provided in Articles 2.2, 2.4 and 2.5, our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code is indicated in the carrier box of the Ticket for that flight or flight segment and in any cases where we have a legal liability to you. These Conditions also apply to gratuitous and reduced fare carriage except to the extent that we have provided otherwise in our rules or regulations or in the relevant contracts, passes or tickets.
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 CODE SHARES
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 is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft at the time you make a reservation.
2.4 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 invalid under any applicable law, the other provisions hereof shall nevertheless remain valid.
2.5 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.

ARTICLE 3 – TICKETS

3.1 GENERAL PROVISIONS
We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.
A Ticket is not transferable.
Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.
If you have a Ticket, as described in 3.1.3 above, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and furnish evidence of such Force Majeure, we will provide you with a credit of the non-refundable amount of the fare, for future travel on us, subject to deduction of a reasonable administration fee.
The Ticket is and remains at all times the property of the issuing carrier.
Requirement for a ticket. Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for the flight and all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorised Agent. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name and delivered to you. Loss, etc, of ticket.
(a) In case of loss or mutilation of a Ticket (or part of it) by you or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon your request we will replace such Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another carrier for misuse or fraud of the Ticket. We will not claim reimbursement from you for any such losses which result from our own negligence. The issuing carrier may charge a reasonable administration fee for this service unless the loss or mutilation was due to the negligence of the issuing carrier, or its agent.
(b) Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at the time.
A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.2 PERIOD OF VALIDITY Except as otherwise provided in the Ticket, these Conditions, or in applicable Tariffs, (which may limit the validity of a ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for:
1(a) one year from the date of issue in respect of international travel, as defined in the Convention; or
1(b) six months from the date of issue in respect of domestic travel wholly within the borders of the Republic of South Africa; or
1(c) subject to the first travel occurring within one year or six months from the date of issue of the Ticket, as the case may be for international and domestic travel respectively, one year from the date of first travel under the Ticket in respect of international travel and six months from the date of first travel under the Ticket in respect of domestic travel.
When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations we are unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a refund in accordance with Article 11.
If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket, the electronic coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.
In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger’s Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) Days from the date of the death.
3.3 COUPON SEQUENCE AND USE The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. 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. The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.
Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower but otherwise, your unused Coupons have no value.
4 Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
Each Flight Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested.
Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
3.4 NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the “carrier” box in the Ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment in the Itinerary Receipt

ARTICLE 4 – STOPOVERS

4.1 Stopovers may be permitted at Agreed Stopping Places subject to Government requirements and regulations.
4.2 Stopovers may be arranged with Carrier in advance and specified on the ticket.

ARTICLE 5 – FARES, TAXES, FEES AND CHARGES

5.1 FARES
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and 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, this may impact the fare to be paid.
5.2 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 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 for charges which 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.
5.3 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.

ARTICLE 6 – RESERVATIONS

6.1 RESERVATION REQUIREMENTS We or our Authorised Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s). Certain fares have conditions which limit or exclude your right to change or cancel reservations. You should check the conditions that apply to your fare and we accept no responsibility for your failure to do so.
6.2 TICKETING TIME LIMITS
If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorised Agent, we may cancel your reservation.
6.3 PERSONAL DATA
You recognise that personal data has been given to us for the purposes of making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other Carriers or the providers of the above mentioned services. We shall not be liable to you for any loss or expense incurred due to our use or transmission of such data unless the loss or expense was due to our negligence. You may be required, by government regulations, to provide specific personal data or information to us, including information to enable us to notify family members in the event of an emergency.
6.4 SEATING
We will endeavour to honour advance seating requests, however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
6.5 RECONFIRMATION OF RESERVATIONS Onward or return reservations may be subject to the requirement to reconfirm the reservations within specified time limits. We will advise you when we require reconfirmation, and how and where it should be done. If it is required and you fail to reconfirm, we may cancel your onward or return reservations. However, if you advise us you still wish to travel, and there is space on the flight, we will reinstate your reservations and transport you. If there is no space on the flight we will use reasonable effects to transport you to your next or final destination. You should check the reconfirmation requirements of any other Carriers involved in your journey with them. Where it is required, you must reconfirm with the Carrier whose code appears for the flight in question on the Ticket.
6.6 CANCELLATION OF ONWARD RESERVATIONS
Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.

ARTICLE 7 – CHECK-IN AND BOARDING

7.1 Check-in Deadlines are different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. We or our Authorised Agents will advise you of the Check-in Deadline indicated. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found in our timetable, or may be obtained from us or our Authorised Agents.
7.2 You must personally be present at check-in, with your checked baggage (including Skycheck). No 3rd party check-in is allowed. You may not be accepted for carriage if you fail to personally present yourself for check-in.
7.3 You must be present at the boarding gate not later than the time specified by us when you check-in.
7.4 We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
7.5 We will not be liable to you for any loads or expense incurred due to your failure to comply with the provisions of this Article.

ARTICLE 8 – REFUSAL AND LIMITATION OF CARRIAGE

8.1 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:
such action is necessary in order to comply with any applicable government laws, regulations, or orders;
the carriage of you or your Baggage may endanger or affect the safety, health and materially affect the comfort of other passengers or crew;
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;
you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
you have refused to submit to a security check;
you have not paid the applicable fare, taxes, fees or charges;
you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
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 on the Ticket;
you have failed to comply with the requirements set forth in Article 3.3 above concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way, other than by us or our Authorised Agent, or the Ticket is mutilated;
you fail to observe our instructions with respect to safety or security;
any other reason or circumstance exists which in our reasonable opinion entitles us to refuse to carry you or your Baggage;
you have previously committed one of the acts or omissions referred to above.
8.2 SPECIAL ASSISTANCE
Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. 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, but our regulations or government regulations may apply to the transport of such passengers copies of which can be obtained from the SAA’s local representative office. Special Assistance passengers may not be seated near an Emergency Exit.
8.3 OVERLOADING
If the Carrier believes that the aircraft weight limitation or seating capacity would otherwise be exceeded Carrier will decide in its reasonable discretion and subject to the provisions of articles 9.6.3 and 10.2.4 of these General Conditions of Carriage, which Passengers and Baggage shall be carried.

ARTICLE 9 – BAGGAGE

9.1 FREE BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us or our Authorised Agents and are available on our website www.flysaa.com
9.2 EXCESS BAGGAGE
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request and are available on our website www.flysaa.com.
9.3 ITEMS UNACCEPTABLE AS BAGGAGE
You must not include in your Baggage
items which do not constitute Baggage as defined in Article 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 regulations (further information is available from us on request);
items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or 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;
Firearms and ammunition of any nature are prohibited from carriage as, or within Checked Baggage (including Skycheck). We may accept such items as part of your baggage allowance and will provide you with assistance in the acceptance of such items. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 9.3.1.2.
Weapons such as swords, knives and similar items may be accepted as Checked Baggage at our discretion, but will not be permitted in the cabin of the aircraft.
SA Express will not be liable for damage to unchecked baggage unless such damage is caused by the Airline’s negligence. SA Express shall have no liability whatsoever for damage to articles not permitted to be contained in checked baggage, including Sky-Check. This includes fragile or perishable items, items having a special value, such as money, jewellery, colognes and perfumes, leather jackets, precious metals, computers, personal electronic devices, cellular telephones, cameras, audio and video equipment, negotiable papers, securities, business documents, passports and other identification documents or samples.
If, despite being prohibited, any items referred to in 9.3.1, 9.3.2 and 9.3.4 are included in your Baggage, we shall not be responsible for any loss of or damage to such items.
9.4 RIGHT TO REFUSE CARRIAGE
9.4.1 Subject to paragraph 9.3.2 and 9.3.3, we will refuse to carry as Baggage the items described in 9.3, and we may refuse further carriage of any such items upon discovery. The right of search, whether exercised or not, constitute an agreement by us, either express or implied, to carry items within your Baggage which would otherwise be precluded from carriage.
9.4.2 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.
9.4.3 We may refuse to carry as Baggage any item, due to safety, security or operational reasons, including Baggage which does not belong to you and which you have pooled* with your Baggage. *Baggage or items packed within your baggage that was passed on to you by a 3rd party, or baggage carried on behalf of someone else, the contents of which are not known to you must be declared to . The identification of such items, without you informing us could result in the refusal of carriage, and possible legal action. We do not accept liability for such Baggage and are entitled to an indemnity from you in respect of claims or losses incurred as a result of damage caused to it.
9.4.4 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 upon request.
9.5 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 of the purpose of determining whether you are in possession of or whether your Baggage contains any item described in 9.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 9.3.2 or 9.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or 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.
9.6 CHECKED BAGGAGE (including Skycheck)
9.6.1 Upon delivery to us of your Baggage which you wish to check we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage (including Skycheck).
9.6.2 Checked Baggage (including Skycheck) must have your name or other personal identification affixed to it.
9.6.3 Checked Baggage (including Skycheck) 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 (including Skycheck) is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
9.7 UNCHECKED BAGGAGE 9.7.1 We may specify maximum dimensions and/or weight for Baggage which you carry on to the aircraft. If we have not done so, Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, it must be carried as Checked Baggage (including Skycheck).
9.7.2 Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 9.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
9.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE (including Skycheck) 9.8.1 Subject to Article 9.6.3, you are required to collect your Checked Baggage (including Skycheck) as soon as it is made available at your destination or Stopover. Should you not collect it within reasonable time, we may charge you a storage fee. Should your Checked Baggage (including Skycheck) not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.
9.8.2 Only the bearer of the Baggage Check and Baggage Identification Tag, is entitled to delivery of the Checked Baggage (including Skycheck). 9.8.3 If a person claiming Checked Baggage (including Skycheck) is unable to produce the Baggage Check and identify the Baggage by means of 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 and if required by us, such person shall furnish adequate security to reimburse us for any loss, damage or expense which may be incurred by us as a result of such delivery.
9.9 ANIMALS
If we agree to carry your animals they will be carried subject to the following conditions:
9.9.1 You must ensure that animals such as dogs, cats, household birds and other pets, are properly crated and accompanied with valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit failing which, they will not be accepted for carriage. Such carriage may be subject to additional conditions specified by us, which are available on request;
9.9.2 If accepted Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable rate. Animals will not be carried in the passenger cabin of the aircraft. They will be carried, suitably containerised, in the cargo compartment of the aircraft.
9.9.3 Guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free Baggage allowance, subject to conditions specified by us, which are available on request.
9.9.4 Where carriage is not subject to the liability rules of the Convention, we are not responsible for injury to or loss, sickness or death of an animal which we have agreed to carry unless we have been negligent;
9.9.5 We will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal’s entry into or passage through any country, state or territory and the person carrying the animal must reimburse us for any fines, cost, losses or liabilities reasonably imposed or incurred by us as a result.

ARTICLE 10 – SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS

10.1 SCHEDULES
10.2 CANCELLATION, REROUTING, DELAYS, ETC.
10.2.1 We will take all necessary and reasonable 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/ aircraft.
10.2.2 Except as otherwise provided by the Convention andthe EU Regulation 261 / 2004 where applicable , if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover destination, or cause you to miss a connecting flight on which you hold a confirmed reservation, we shall, at your option, either:
10.2.2.1 carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or
10.2.2.2 within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of transportation without additional charge. If the fare and charges for the revised routing are lower than what you have paid, we shall refund the difference; or
10.2.2.3 make a refund in accordance with the provisions of Article 11.2
10.2.3 Upon the occurrence of any of the events set out in Article 10.2.2, except as otherwise provided by the Convention and EU Regulation No 261 / 2004 where applicable the options outlined in Article 10.2.2.1 through 10.2.2.3 are the sole and exclusive remedies available to you and we shall have no further liability to you.
10.2.4 If we are unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding or involuntarily downgraded in accordance with applicable law and our denied boarding compensation policy.

ARTICLE 11 – REFUND

11.1 We will refund a Ticket or any unused portion, in accordance with the applicable fare rules of Tariff, as follows:
11.1.1 Except as otherwise provided in this Article, 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.
11.1.2 If a Ticket has been paid for by a person other than the Passenger name in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person’s order.
11.1.3 Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.
11.1.4 Subject to production of such documents as required by the Carrier and the exercise of reasonable precautions by us, if a refund is made to anyone holding himself or herself out as a person to whom such refund may be made, that shell be deemed a proper refund and shall discharge us from liability and any further claim for refund from you or from anyone else.
11.2 INVOLUNTARY REFUNDS
11.2.1 If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:
11.2.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid;
11.2.1.2 if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used; 11.2.1.3 upon acceptance of a refund by the Passenger on the purchase of a ticket under these circumstances, we shall be released from any further liability.
11.3 VOLUNTARY REFUNDS
11.3.1 If you are entitled to a refund of your Ticket for reasons other than those set out in 11.2, the amount of the refund shall be:
11.3.1.1 If no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
11.3.1.2 If a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
11.4 REFUND ON LOST TICKET
11.4.1 If you lose your Ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition:
11.4.1.1 That the lost Ticket, or portion of it, has not been used, previously refunded or replaced, (except where the use, refund or replacement by or to a third party resulted from our own negligence);
11.4.1.2 That the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of misuse or fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where the use, refund or replacement by or to a third party resulted from our own negligence);
11.4.2 If we or our Authorised Agent lose the Ticket or portion of it, the loss shall be our responsibility.
11.5 RIGHT TO REFUSE REFUND
11.5.1 We may refuse a refund where application is made after the expiry of the validity of the Ticket.
11.5.2 We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from the country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport.
11.6 CURRENCY
We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.
11.7 BY WHOM TICKET REFUNDABLE
Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its agent if so authorised.

ARTICLE 12 – CONDUCT ABOARD AIRCRAFT

12.1 GENERAL
12.1.1 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 which 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.
12.1.2 If you conduct yourself in a manner described in Paragraph 12.1.1 above, you will reimburse us for all claims, losses, fines, penalties or expenses, including, but not limited to, all costs arising from the diversion of the aircraft for the purpose of offloading you and all losses suffered or incurred by us, our Agents, employees, independent contractors, passengers and any third party in respect of death, injury, loss, damage or delay to other persons or to property, arising from your misconduct.
12.2 ELECTRONIC DEVICES
12.2.1 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, compact disk players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
12.2.2 If you fail to comply with 12.2.1, we reserve the right to retain such electronic devices until the termination of your flight or until such time is required under local law.

ARTICLE 13 – ARRANGEMENTS FOR ADDITIONAL SERVICES

13.1 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 are not liable to the third party for the cost of the services provided and you agree to reimburse us in respect of such costs.
13.2 If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.

ARTICLE 14 – ADMINISTRATIVE FORMALITIES

14.1 GENERAL
14.1.1 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 or through which you transit.
14.1.2 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.
14.2 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.
14.3 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 the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
14.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COST, 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 in our discretion apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.
14.5 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 Damage suffered by you in the course of such inspection or through your failure to comply with this requirement unless caused by our negligence or that of our agents.
14.6 SECURITY INSPECTION
You shall submit to any security checks by Governments, airport officials, Carriers or by us. We are not liable to you for any Damage suffered by you in the course of such security checks or through your failure to comply with this requirement unless caused by our negligence or that of our agents .

ARTICLE 15 – SUCCESSIVE CARRIERS

15 Carriage to be performed by us and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation for the purpose of the Convention. However, your attention is drawn to Article 16.3.2

ARTICLE 16 – LIABILITY FOR DAMAGE

16.1 The liability of South African Express Airways (Proprietary) Limited and each Carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as described in this article.
16.2 Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention. Reference is made to the special agreement we apply (see Article 16.4).
16.3 Where your carriage is not subject to or not inconsistent with the liability rules of the Convention, the following rules shall apply:
16.3.1 Any liability we have for Damage, will be reduced by any negligence, wrongful act or omission on your part which causes or contributes to the Damage in accordance with applicable law.
16.3.2 We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment. If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier. Nevertheless, with respect to Checked Baggage (including Skycheck), you may make a claim against the first or last carrier.
16.3.3 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
16.3.4 We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.
16.3.5 Except in the case of and act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage (including Skycheck) shall be limited to SDR 17 per kilogram and in the case of Damage to Unchecked Baggage shall be limited to SDR 332 per passenger, where the Warsaw Convention applies to your journey, or 1,000 SDRs for Checked and Unchecked baggage where the Montreal Convention applies to your journey, provided that in either case 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 (including Skycheck) does not exceed the applicable free baggage allowance for the class of carriage concerned. If in the case of Checked Baggage (including Skycheck) a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.
16.3.6 Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.
16.3.7 We are not liable for any Damage caused by your Baggage. You shall be responsible for and shall reimburse us in respect of any Damage caused by your Baggage to other persons or property, including our property.
16.3.8 We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage (including Skycheck) under 9.3, including fragile or perishable items, items having a special value, electronic devices, jewellery, precious metals, computers, personal equipment, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
16.3.9 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
16.3.10 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
16.3.11 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
16.4 INTERNATIONAL CARRIAGE – SPECIAL AGREEMENT
16.4.1 The provisions in this Article 16.4 do not bind any other Carriers involved in your journey unless expressly indicated by them to you.
16.4.2 We agree that in respect of all international carriage of Passengers, to which the Convention applies, performed on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment:
16.4.2.1 we shall not invoke the limitation of liability in Article 22(1) for any claim for damages under Article 17 of the Convention;
16.4.2.2 we shall not avail ourselves of any defence under Article 20(1) of the Convention with respect to the portion of such claim which does not exceed 100,000 SDR’s;
16.4.2.3 we shall without delay, and in any event not later than fifteen (15) days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered;
16.4.2.4 without prejudice to paragraph 16.4.2.3 an advance payment shall not be less than the equivalent in ECU’s of 16,000 SDR’s per Passenger in the event of death;
16.4.2.5 an advance payment by us in terms hereof shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except if we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.
16.5 Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability or other defence available to us under the Convention or applicable laws. Without prejudice to the generality of the foregoing nothing herein contained shall waive any exclusion or limitation of liability or defence available to us under the Convention or applicable laws in relation to death, wounding or other bodily injury as against any public social insurance or similar body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury. Such claims shall be subject to the limit in Article 22(1) and to the defences under Article 20(1) of the Convention. We will compensate the Passenger or the Passengers’ dependants for recoverable compensatory damages in excess of payments received from any public social insurance or similar body
16.5.1 DOMESTIC CARRIAGE IN SOUTH AFRICA
For all carriage on our domestic services within the Republic of South Africa to which the Convention does not apply, the limit of our liability to or for each Passenger for death, wounding or other bodily injury shall be the sum of R1,000,000 (one million rand) inclusive of legal fees and costs subject to proof of the quantum of the claim and that the incident was the result of or was caused by negligence on our part, provided that this limit shall not apply to acts or omissions done with intent to cause damage or recklessly and with knowledge that damage should probably result.

ARTICLE 17 – TIME LIMITATION ON CLAIMS AND ACTIONS

17.1 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 (including Skycheck), you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If your wish to file a claim or an action regarding delay of Checked Baggage (including Skycheck) you must notify us within twenty-one (21) Days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing and dispatched immediately after discovery of the damage or delay and at the latest within the time limits aforesaid.

17.2LIMITATION OF ACTIONS
Any right to Damages shall be extinguished if an action is not brought within two (2) years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
NOTE For domestic carriage (i.e. wholly within the Republic of South Africa) the period of limitation shall be three years.

ARTICLE 18 – MODIFICATION AND WAIVER

18.1 No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.
These General Conditions represent a binding contract between you and us. You must make sure that you have read carefully all of its provisions to ensure that you are prepared to be bound solely by its terms.

ARTICLE 19 – OTHER CONDITIONS

19.1 Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern, amongst other things, the carriage of unaccompanied minors, pregnant women, sick passengers, restrictions on use of electronic devices and items, the on board consumption of alcoholic beverages and the carriage of animals.

ARTICLE 20 – INTERPRETATION

20.1 The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of text.
Name of Carrier : South African Express Airways
Abbreviation of Name : SA Express

SA EXPRESS E-MAIL DISCLAIMER

The information in this e-mail, which includes any attachments, is

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Access to this e-mail by anyone else is unauthorised. If this e-mail is not intended for you, you may not copy, distribute, or disclose the included information to anyone. Failure to comply may give rise to actionable claims in law against you, and neither SA Express, nor any related entity will be held liable for any loss or damages whatsoever arising out of your reliance on the information contained in this e-mail. If you are not the intended recipient you are requested to advise the sender by return and delete this e-mail and any enclosed data from all storage media.

Whilst all reasonable steps are taken to ensure the accuracy and integrity of information and data transmitted electronically, and to preserve the confidentiality thereof, SA Express will not be held liable for any loss or damages caused of whatsoever nature arising out of information or data that is, for whatever reason, intercepted, corrupted, infected with a computer virus or does not reach its intended destination, timeously or at all. It is the responsibility of the named recipient(s) to ensure that this e-mail and its contents are virus free.

Unless the sender of this e-mail is duly authorised by SA Express to send this e-mail and unless the content of this e-mail is also duly authorised by SA Express, any views or undertakings expressed in this e-mail are those of the individual sender in his or her personal capacity and SA Express will not be held liable for any loss or damages arising therefrom of whatsoever nature. Any recipient of an e-mail which constitutes spam, or contains infringing or offensive content of any nature is requested to report the matter to SA Express. No one may conclude any binding agreement on behalf of SA Express with another party by e-mail, without express written confirmation by a duly authorised representative of SA Express.

This notice also serves to inform any person who intends using the e-mail system provided by SA Express that any e-mail communication so sent may be intercepted in accordance with applicable provisions of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 and other legislation. All email messages, whether private or business, are the property of SAX and may be read at any time by authorised personnel.