‘’The Carrier” shall mean Fly Alpha Aviation or any other carrier substituted in terms of clause 4 hereof and includes its employees, directors, servants and agents whether or not specifically referred to in the conditions.
2. If the carriage undertaken hereby is “International Carriage” as defined by The International Convention for the Unification of Certain Rules relating to the International Carriage by Air, signed at Warsaw on 12 October 1929, or by the said Convention as amended at The Hague on 28 September1955 whichever may be applicable, such carriage is subject to the rules relating to the liability established by the said Convention. The expression “High Contracting Party” used in Article 28 of the Convention, means States and territories which are bound by the said Convention either through ratification or adherence.
3. All carriage, services and/or operations incidental to or in connection with the carriage by which are not governed by the Convention, are subject to the Convention, are subject to the conditions set out in this ticket.
3.1 The carrier does not accept liability arising out of the carriage of persons’ baggage and personal effects or goods or any other services or operations connected with or incidental to the carriage by air. The passenger, by acceptance of this ticket, hereby renounces himself, his estate, his successors-in title, his representatives and his dependants all claims arising against the Carrier for compensation for any damage whatsoever, whether sustained on board the aircraft, during flight or not, or in the course of any of the operations relating to the flight embarkation, disembarkation o in the course of any ancillary services incidental to or connected with the carriage by air or as a result of any other reason whatsoever, caused or occasioned by any act, omission, gross negligence, neglect. Default or breach of the Carrier or caused by any mechanical or other default of the aircraft or any means of carriage to or from the aircraft.
3.2 In the event of these conditions and regulations stated or referred to above, or any part thereof, relating to the exclusion or limitation of the liability of the Carrier being contrary to the law of the State or territory in the Court of which an action is brought the liability of the Carrier shall be excluded or limited insofar as such law permits, and the Carrier shall be entitled to the benefit of every exclusion or limitation or liability permitted by such laws.
3.3 Any action against the Carrier shall be brought only in the Court of the State or territory in which the principal place of business of the Carrier is situated.
4. The right to substitute alternative carrier(s) is reserved to the Carrier.
5. The Carrier shall be under no liability to the passenger by acceptance of this ticket hereby renounces for himself, his successors-in title, his representatives and dependants all claims whatsoever against the Carrier for compensation for any damage whatsoever sustained as a result of delays whether caused or occasioned by any act, omission, gross negligence, neglect or default of the Carrier, or other defect or otherwise howsoever.
6. The passenger or his estate hereby indemnifies the Carrier-
6.1 against any claim which may be preferred by his dependants against the Carrier howsoever arising;
6.2 for any damage the Carrier may suffer through any act or omission of the passenger howsoever caused.
7. The Carrier shall not be liable for any damages of whatsoever nature which the passenger may suffer –
7.1 should the Carrier be unable to land on the place of destination, in which event the passenger shall remain liable to pay the Carrier’s fees and charges and shall not be entitled to any refund or rebate;
7.2 should the Carrier be unable to undertake the carriage and fall to procure the services of an alternative carrier to undertake the carriage in which event the passenger shall be entitled to a refund of the Carrier’s fees and charges already paid.
8. Notwithstanding the provision s of clause 7.2 the Carrier shall nevertheless endeavour to procure the services of an alternative carrier to undertake the carriage and any additional costs and charges arising therefrom shall be borne by the passenger.
9. The passenger acknowledges and agrees by the acceptance of this ticked that he will conform to the customs, immigrations and health regulations of the territories or countries to be visited or transverse and that in the event of the passenger being detained for any reason whatsoever by the authorities in any country he shall have no claim for further carriage or rebate on the Carrier.
10. The passenger acknowledges the authority of the commander or his authorised deputy and undertakes to obey his lawful commands under all circumstances from the commencement and for the duration of the journey.
11. The Carrier is insured for passenger and third party liability as required by Regulation 5(1)(a) and 5(1)(b) of the Domestic Air Services Regulations, 1991.
12. This ticket is valid from the date of issue to the date of completion of the carriage hereby undertaken or to the date of the refund in terms of clause 7.2