condition of carriage
(Effective Date: December 10, 2014)
- Article 1: General
- Article 2: Applicability
- Article 3: Validity
- Article 4: Fares
- Article 5: Booking Of Seats / Reservations
- Article 6: Check-in And Boarding
- Article 7: Flight Combinations And Codeshare
- Article 8: Refusal And Limitation Of Carriage
- Article 9: Baggage
- Article 10: Schedules, Cancellations
- Article 11: Refunds
- Article 12: Conduct Aboard Aircraft
- Article 13: Liability Limitations
- Article 14: Time Limitation On Claims And Actions
- Article 15: Choice Of Law And Jurisdiction
In these Conditions of Carriage, these particular expressions have the following meanings:
- Baggage or baggage means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Cabin Baggage.
- Baggage Identification Tag means a document issued by us solely for identification of Checked Baggage.
- Booking means the details we have relating to a Journey by you as evidenced by the Itinerary.
- Cabin Baggage means any Baggage, other than Checked Baggage, brought by you into the aircraft cabin.
- Checked Baggage means Baggage we take custody of for carriage in the hold and for which we issue a Baggage Identification Tag.
- Codeshare means a flight where the Designator Code in the flight number is not the Designator Code of the airline operating the aircraft.
- Conditions of Contract means the statements contained in these Terms and Conditions, in our Website and in our Tariffs and notices available at our offices and check-in counters.
- Damage includes death, bodily injury to a Passenger, delay, loss, partial loss or other damage including to Baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.
- Days means a full calendar day. For the purpose of notification, the day upon which notice is dispatched shall not be counted.
- Designator Code means the two characters or three letters which identify particular airlines.
- Fees and Charges means the Fees and charges page on our Website.
- International Flight means carriage by air between two countries.
- Itinerary means the documents issued, electronically or otherwise, by us confirming a Booking and containing a booking reference number.
- Journey means a flight or flights pursuant to a Booking.
- Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, Montreal 1999.
- Passenger , you, your and yourself means any person, except members of the crew, carried or to be carried in an aircraft with our consent.
- Sector means the flight from the airport at the point of origin to the airport at the point of destination.
- Seat means a seat in our aircraft.
- Tariffs means our fares and charges published electronically or on paper and the conditions applicable thereto.
- Terms and Conditions means these Conditions of Carriage.
- Tigerair Taiwan means 'Tigerair Taiwan Co., Ltd'. See also definition of we, our, ourselves and us.
- Warsaw Convention means:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
- The Warsaw Convention as amended at The Hague on 28 September 1955;
- The Guadalajara Supplementary Convention 1961;
- The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
- The Warsaw Convention as amended by Additional Protocol No. 2 of Montreal (1975); and
- The Warsaw Convention as amended by Additional Protocol No.4 of Montreal (1975).
- We , our, ourselves, us and Tigerair Taiwan means 'Tigerair Taiwan Co., Ltd'.
- Website means the internet site of Taiwan page www.tigerairtw.com and any information contained there. References throughout these Terms and Conditions to particular web pages include all material found on the Website.
The title or caption of each Article of these Terms and Conditions is for convenience only and is not to be used for interpretation of the text.
2.1 Carriage By Air
These Terms and Conditions apply to the carriage by air of Passengers and Baggage performed by us or on our behalf and to any liability we may have to you in relation to that carriage and transportation. If we transport you or arrange to transport you by means other than aircraft, e.g. by bus, train or boat, or arrange accommodation or car rental, we do so only as an agent. There may be additional or different conditions of carriage applicable to those arrangements. Where these include limitations of liability that are lower than the limitations of liability in these Conditions of Carriage, the lower limitation will apply to your non-aircraft arrangements.
If we arrange travel, make a Booking, issue an Itinerary or check-in Baggage for you on a flight with another airline’s Designator Code, we do so only as agent for that airline and the other airline’s conditions of carriage will apply. We will only be liable for Damage occurring during a Journey on Tigerair Taiwan.
2.2 Terms And Conditions Prevail
Except as provided in these Terms and Conditions, in the event of inconsistency between these Terms and Conditions and any provision of any other regulations we may have dealing with particular subjects, these Terms and Conditions shall prevail. If any of these Terms and Conditions is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Terms and Conditions and the other conditions will remain valid.
The language of these Terms and Conditions is English and even though there may be translations of these Terms and Conditions in other languages, English shall be the sole language used in the interpretation of these Terms and Conditions.
2.4 Overriding Laws
If these Terms and Conditions or any of them are inconsistent with any laws, those laws shall apply to the extent of such inconsistency. The invalidity of any provision shall not affect the validity of any other provision. Nothing in these Terms and Conditions is intended to exclude or restrict the application of any law.
3.1 Prima Facie Evidence Of Contract
The Booking is prima facie evidence of the contract for carriage between a Passenger and us. Carriage of a Passenger is entirely subject to the Conditions of Contract and any authorized direction given by or on behalf of Tigerair Taiwan to the Passenger.
The Booking is only valid for the Passenger(s) named and the flight(s) specified in the Itinerary subject to any subsequent changes in accordance with these Terms and Conditions. A Booking expires if the passenger has not travelled by the date of departure. In such a case, there will be no refund. A Booking may be changed prior to the date of travel, in accordance with the instructions and subject to any relevant charges and fare difference as set out on the Website.
4.1 Fares Correct At Time Of Publication
All fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise any fares and flight schedules at any time and from time to time without prior notice.
4.2 What Is Included In Your Fare
Your fare covers only carriage from the airport at the point of origin to the airport at the point of destination. It does not cover ground transport services between airports and between airports and town terminals unless specifically stated by us. Unless specified at the time of making a Booking, your fare does not include meals, refreshments or Checked Baggage. We may charge for these services along with a reasonable administration fee. Unless we state otherwise at the time of making a Booking, we are not responsible to you for your failure to meet any connecting flights, whether on us or any other airline. Fares will be calculated in accordance with our Tariff in effect on the date of payment for the Booking for the flight or flights concerned. Any approved flight change may be subject to additional payments due, as specified herein.
An infant under the age of two (2) years on the date of travel may fly at the prevailing fee per Sector provided the infant is carried on an adult's lap. Only one (1) infant is allowed per adult. No baby seats or perambulators are allowed in the cabin of the aircraft. A child aged two (2) or over will require a separate Booking and Seat like any other Passenger. No infant less than seven (7) days old will be accepted for carriage. All such carriage is subject to the instructions outlined on the Website
4.4 Taxes, Fees And Other Charges
Any tax, fee or charge imposed by a government or other authority or by an airport operator in respect of your use of any services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such taxes, fees and charges imposed on air travel may change from time to time and can be imposed even after the date that your Booking has been confirmed. You shall nevertheless bear such tax, fee or charge as and when they fall due prior to departure unless otherwise stated.
Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically agreed by us.
5.1 Reservation Requirements
Fares must be paid in full when a Booking is made. If for any reason whatsoever the fare has not been paid in full when a Booking is confirmed, we reserve the right to cancel the Booking at any time prior to check-in and/or to disallow you to board the aircraft. Your Booking is valid only after full payment of the fare is made and after we issue you an Itinerary. Once confirmed, except as provided in these Terms and Conditions the Booking cannot be cancelled and payments made are not refundable. You may be required to produce any credit card used in making a Booking. Reservations for passengers travelling in groups of ten (10) or more are subject to the instructions set out on the Website
5.2 Flight Or Name Change
After purchase, you may be able to change your flight or change the name of the Booking, subject to availability at the time the change is made and payment of the prevailing fare difference and applicable fees and charges as outlined on the Website. If a Booking is changed there will be no refund if the new fare is lower. Other than set out here, a Booking may not be changed after purchase; and not in any case after the specified date and time of the flight.
5.3 Personal Data
You hereby acknowledge and agree that your personal data has been given to us for the purposes of making a Booking for carriage and providing you with confirmation of that Booking, AND facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents, government agencies, other airlines or the providers of the services mentioned above. For more details see our Privacy Statement
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. You agree to accept any seat that is made available to you on-board the aircraft by our flight crew. No smoking (including e-cigarette) is permitted on any of our flights. Any device that can be used to prevent the seat from reclining is prohibited.
6.1 Check-in Deadlines And Conditions
In order to check-in for a flight, you must check-in before the Check-in Deadline and follow the instructions for Airport or Web Check-in, which are set out in our Website. Check-in Deadlines vary for different airports, for particular flights and depending on whether you have baggage to check-in. In any event we reserve the right not to accept you for travel if you arrive at our airport check-in counter less than 45 minutes before the scheduled departure time of your flight ('Check-in Deadline'). It is your responsibility to ensure that you comply with these deadlines and instructions. You will not be able to check-in after the Check-in Deadline. You may not check-in at the Boarding Gate. If you arrive late we will not hold the flight for you. If for any reason whatsoever you fail to check-in on time no refund will be given.
6.2 Identity Requirements For Boarding
Whether you use Web Check-in or Check-in at the airport, you are required to present certain information relating to your flight and identity before you will be allowed to board. This must include the Itinerary for the flight and acceptable forms of identification. See the Website for details. Fees may apply for check-in at the airport.
You must be at the boarding gate (after checking in) at least thirty (30) minutes before the scheduled departure time. Boarding closes fifteen (15) minutes prior to departure. Passengers arriving late at the boarding gate will not be accepted for travel, their bags will be offloaded and no refund given. For travel on a later flight, you will be required to make a new booking at the applicable fare.
6.4 Compliance, Security Inspections
You are solely responsible for complying with all laws, regulations, orders, demands and requirements of any country, state or territory on any part of your journey and with these Terms and Conditions, notices and instructions given by us relating thereto. You shall submit to any security or health checks by government or airport officials or by us. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.
6.5 Travel Documents
You are solely responsible for obtaining and must possess and have available for presentation as required by us or the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands or requirements of any country, state or territory on any part of your journey, including stopover or connecting points. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements. Further details of the requirements are set out on our Website.
6.6 Refusal Of Entry, Fines, Detention Costs, etc
You agree to pay the applicable fare, penalties and fines whenever we, on order of any government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into any country, state or territory on any part of your journey. In such circumstances we will not refund the fare to you.
If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your inadmissibility into or your failure to comply with any laws, regulations, orders, demands or other requirements of any country, state or territory on any part of your journey, you shall on demand reimburse us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.
7.1 Flight Combinations
Tigerair Taiwan may offer two or more flight Sectors for sale in the same Booking. All Passengers travelling on a Journey of more than one Sector must clear customs and immigration, where applicable, and have reclaimed any Checked Baggage before checking in for their onward flight. A minimum of two hours must be allowed in order to complete such arrival and check-in formalities. Passengers are not allowed a stopover of more than 24 hours.
On some routes Tigerair Taiwan may offer services together with other airlines, placing Tigerair Taiwan’s Designator Code (IT) on flights operated by other airlines under codeshare agreements. This means that even if you have made a Booking with us for a Tigerair Taiwan Flight showing 'IT' as the Airline Designator Code, you may travel on another airline’s aircraft.
For a codeshare flight operated by another airline, Tigerair Taiwan will advise the Passenger of the identity of the operating airline prior to the time of reservation.
Passengers travelling on a flight operated by another airline may be subject to terms and conditions of the operating airline that differ from those of Tigerair Taiwan, including those regarding:
- refusal and limitation of carriage; and
- restriction of acceptance of baggage, free baggage allowance and excess baggage charge.
7.3 Missed Connections
Subject to the provisions of these Terms and Conditions and any applicable laws, Tigerair Taiwan shall not be liable in any way whatsoever for any loss incurred by a Passenger as a result of a missed connection, howsoever caused.
8.1 Right To Refuse Carriage
We may refuse carriage of you or your Baggage if any of the following circumstances apply or we reasonably believe will apply:
- For reasons of safety or security or to ensure the health, comfort and well-being of other passengers or crew.
- In order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over or any government or other authorities prohibit your checking in or boarding the aircraft.
- Your conduct, age, mental or physical condition or the physical condition of your Baggage is such as to require special assistance or involve any hazard or risk.
- You have committed misconduct on a previous flight and such conduct may be repeated.
- You have not observed, or are likely to fail to observe our instructions.
- You have refused to submit yourself or your Baggage to a security check.
- The applicable fare or any charges or taxes payable have not been paid; or credit arrangements agreed between us and you (or the person paying the fare) have not been adhered to.
- You do not have or appear not to have the proper documents for travel, you fail to have or provide such proper identification as we may require or you fail to adequately identify yourself to our staff.
- The payment of your fare or the booking of your Seat involves any fraud or other unlawful activity or has been purchased from a person not authorised by us or is counterfeit.
- The credit card by which you paid for the fare has been reported lost or stolen.
- The Itinerary has been altered by anyone other than us or our authorized agent, or has been mutilated or is otherwise unreadable.
- The person checking in or boarding cannot prove they are the person named as the Passenger on the Itinerary.
- If you attempt to check-in at the airport after closure of the airport check-in counters.
- If we believe for any reason you are not fit to travel.
8.2 Unaccompanied Child
Subject to the instructions and conditions set out on our Website and the prevailing laws of each country in respect of the carriage of unaccompanied children, a Child below the age of twelve (12) will not be accepted for carriage unless they are accompanied by an adult passenger aged eighteen (18) or above, who will take full responsibility for the Child. A Child aged twelve (12) to fourteen (14) inclusive may be accepted for unaccompanied carriage after completion by a parent or a guardian at the point of check-in at each departure airport of a signed indemnity form. Parents and guardians must remain at the airport until the departure of the flight. Persons aged fifteen (15) or over may travel unaccompanied.
8.3 Passengers With Reduced Mobility And Requiring Special Assistance
We are not able to provide supervision for those Passengers who cannot travel alone. We are able to provide limited assistance, as set out in our Special Assistance Policy.We must be notified of the condition/requirements at least five (5) Days before the scheduled departure. Failure to notify us in advance will result in the service being unavailable on your arrival at the airport and you being refused carriage. There may be a fee charged for some services. The services may not be available on all routes due to local airport limitations.
8.4 Visually Impaired Passengers
Such Passengers are permitted for carriage subject to the terms of our Special Assistance Policy.
8.5 Pregnant Passengers
Pregnant women must have completed their journey in full by the end of the 34th week of pregnancy. If the passenger is between 30 and 34 weeks pregnant, a medical certificate is required to confirm that she is fit to travel before she is accepted on-board the flight. Flying is not permitted from the beginning of the 35th week onwards.
9.1 Baggage Allowances
You may carry a limited amount of baggage with you onto the aircraft free of charge as Cabin Baggage provided it complies with these Terms and Conditions and the size and weight rules set out on our Website. Infants not occupying a seat do not have a baggage allowance. Baby buggies, wheelchairs, scooters and walking frames are carried free of charge. Other than Cabin Baggage, there is no free allowance and the carriage of any Checked Baggage is subject to these Terms and Conditions and the allowances, restrictions and payment of charges as set out on our Website. You should purchase an appropriate allowance for your Checked Baggage at the time of booking. Any Checked Baggage in excess of this pre-purchased amount, any single item of Checked Baggage in excess of thirty (30) kg or any Baggage presented at check-in for which no allowance has been pre-purchased is carried at our discretion and subject to space being available and the payment of the prevailing excess baggage fee.
9.2 Items Unacceptable As Baggage Or To Be Carried Inside Baggage
We reserve the right to refuse carriage of such Baggage or such items found in Baggage as follows:
- Items not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling
- Items likely to endanger the aircraft or persons or property on board the aircraft, including but not limited to those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA)
- Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over
- Items we consider are unsuitable for carriage by reason of their weight, shape, size or character
- Live or dead animals
- Human or animal remains
- Firearms and ammunition
- Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills), refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents), flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium), corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches)
- Weapons, such as antique firearms, swords, knives and similar items.
If any items referred to in any part of this paragraph are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Terms and Conditions applicable to the carriage of Baggage.
9.3 Items That May Be Carried As Or Inside Baggage
Certain items, including fresh or frozen seafood or meats, dry or non-perishable food, may be permitted for carriage, subject at all times to compliance to the rules and instructions on the Website, along with the payment of any applicable fees.
9.4 Valuable And Fragile Goods
Valuable or fragile items such as money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment, mobile phones, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like, should not be carried in Checked Baggage. If such items are included in Checked Baggage, you agree you send for carriage such items at your own risk. Our liability to you for damage or loss to your Checked Baggage is limited (see Article 13) and we will use all available defences against any claim arising from the carriage of items as set out in this clause.
9.5 Right To Search
For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage by us, government or airport officials. You must attend with your Baggage if required and we reserve the right to search your Baggage in your absence. If you fail to comply with such searches or scans, we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our negligence.
9.6 Checked Baggage
Baggage may be checked in prior to the scheduled departure of a flight at such times and according to the instructions set out in the Website. Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. We may carry your Checked Baggage on another flight than you for safety, security or operational reasons. If your Checked Baggage is carried on a subsequent flight we will deliver same to you within a reasonable time of arrival of that flight unless applicable law requires you to be present for customs clearance or requires delivery within a specific time.
9.7 Collection And Delivery Of Baggage
You shall collect your Baggage as soon as it is available for collection at your destination. If you do not collect it within a reasonable time and the Baggage needs to be stored, we may charge a storage fee. If Checked Baggage is not claimed within 14 days of the time it was made available to you, we may dispose of it without any liability to you.
Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked is entitled to delivery of Baggage. If we have Baggage you claim is yours but you are unable to produce a Baggage Identification Tag, we will deliver the Baggage only if you establish to our satisfaction your right to the Baggage and if required by us furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.
Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is reasonable evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us unless you prove otherwise.
We will use our best efforts to avoid delay in carrying you and your Baggage. We will endeavour to adhere to published schedules in effect on the date of travel.. Times shown in timetables, schedules or elsewhere are subject to change at any time for any reason and we shall not be liable in any way whatsoever for any loss incurred by Passengers as a result of such change.
10.2 Cancellation, Changes Of Schedules
At any time after a booking has been made we may change our schedule, cancel, terminate, divert, postpone, reschedule or delay any flight. Subject to the consumer guarantees referred to in Article 2.4, the options outlined here are the sole and exclusive remedies available to you and we shall have no further liability in this respect.
In the event of such changes to the schedule (including cancellations) due to circumstances beyond our control, we will arrange to carry you at the earliest opportunity on another of our scheduled services to the same destination on which space is available without additional charge. If the alternative service is not reasonably acceptable to you, we will retain the value of your fare in a credit account for your future travel provided you re-book within 6 (six) months. We will not be responsible for any losses or expenses you incur as a result of such schedule change or cancellation.
In the event of such changes to the schedule (including cancellations) due to circumstances within our control, the Passenger may elect to:
- be carried at the earliest opportunity on another of our scheduled services to the same destination on which space is available without additional charge including, where necessary, extension of the validity of your booking; or
- retain the value of your fare in a credit account for your future travel provided you re-book within six (6) months there from; or
- receive a refund in accordance with these Terms and Conditions.
Where a cancellation or significant alteration is made to our schedule before the date of your departure, we will use reasonable efforts to inform you of any such cancellation or alteration.
10.3 Denied Boarding
If as a result of over-booking we are unable to provide you with previously confirmed space on any flight, we shall provide you with compensation in accordance with our Denied Boarding Policy.
Except where provided in these Terms and Conditions, your fare is not refundable under any circumstance.
If after having made a reservation you do not fly with us, whether or not a refund of the fare is payable, you will be entitled to claim a refund of any taxes paid and payable by you, which as a consequence we have no obligation to pay to any government or other authority. If despite a flight being available you fail to fly with us for any reason, we may deduct an administration fee from any such refund.
11.3 Proper Person/Mode Of Refund
In the event that we make a refund, it shall be made in the same mode of payment as was originally made and to the person who paid for the booking. We may require proof of identification and payment.
All refunds will be subject to applicable laws, rules and regulations or orders of the country in which the booking was made. Refunds may be made in any currency.
12.1 Control Of Passengers
We may take all reasonable measures to maintain the comfort, safety and security of our aircraft, crew and Passengers. We may restrain or offload you if you conduct yourself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew or cause discomfort, inconvenience, damage or injury to other Passengers or the crew. You may be disembarked at any point and refused further carriage and may be prosecuted for offences committed on board the aircraft.
12.2 Diversion Costs
If as a result of your conduct we divert the aircraft for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of that diversion.
12.3 Use Of Equipment
For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
13.1 Warsaw, Montreal Convention Notice
If the Passenger's Journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and the Warsaw Convention or the Montreal Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.
We are not responsible for any illness, disability or injury, including death, attributable to your physical condition or for the aggravation of such condition.
13.2 Notice Of Baggage Liability Limitations
Liability for Damage to Baggage is limited unless a higher value is declared in advance and additional charges are paid.
13.3 If Warsaw Convention Or Montreal Convention Not Applicable
Where your carriage is not subject to the liability rules of the Warsaw Convention or the Montreal Convention, the following rules shall apply:
- Any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law.
- We will not be liable for Damage to Checked or Unchecked Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody.
- Except in the case of an 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 shall be limited to US$20 per kilogramme and in the case of Damage to Unchecked Baggage shall be limited to US$400 per Passenger, provided that 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 Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed 15 kilogrammes.
- We will not be 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.
- Except where other specific provision is made in these Terms and Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law.
- We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
- We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Unchecked Baggage including but not limited to those items set out in clauses 9.2 and 9.4.
- We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition.
- All arrangements and services provided and payment(s) made by us to any handling agent in respect of assistance provided to Passengers with reduced mobility are solely as agent for and on behalf of you. You voluntarily assume all risk and danger in connection with the assistance provided to Passengers with reduced mobility including any death, personal injury, loss or other, damage. Any claims for liability arising out of such services shall be directed to and dealt with by the handling agent.
- We, our agents and employees shall not be liable for any death or personal injury (unless such death or personal injury was caused by the gross negligence of us or our agents and employees) nor for any loss or damage however caused.
- The conditions of carriage, including these Terms and Conditions and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as it applies to us. The total amount recoverable from us and from such authorised agents, servants, employees and representatives shall not exceed the amount of our own liability if any.
- Nothing in these Terms and Conditions shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable local laws unless otherwise expressly stated by us. We will not in any circumstances be liable for indirect or consequential damages and in no event will our obligations exceed any liability specified in these Terms and Conditions.
14.1 Notice Of Claims - Baggage
Acceptance of Baggage by the bearer of the Baggage Identification Tag 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, 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 you wish to file a claim or an action regarding delay in receipt of Checked Baggage, 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 in writing and posted or delivered to us within the above periods.
14.2 Limitation Of Actions
Any right to damages shall be extinguished if an action is not brought against us within two (2) years of the date of arrival at the 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.
Unless otherwise provided by the Convention or any applicable law, government regulations, orders or requirements these Terms and Conditions and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of Taiwan and any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of Taiwan.
15.2 Rights Of Third Parties
A party that is not a party to the relevant contract of carriage shall not have any right to enforce any terms therein including these Terms and Conditions, pursuant to the Contract (Right of Third Parties) Act (Taiwan).
15.3 Modification And Waiver
None of our agents, employees nor representatives has authority to alter, modify or waive any provisions of these Conditions of Contract.