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South African
Airways Baggage Information
4 - Liability
and Conditions
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ARTICLE 9 BAGGAGE: |
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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
9.3.1 You must not include in your Baggage
9.3.1.1 Items which do not constitute Baggage as defined in Article
1;
9.3.1.2 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);
9.3.1.3 Items the carriage of which is prohibited by the applicable
laws, regulations or orders of any state to be flown from or to;
9.3.1.4 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;
9.3.2 Firearms and ammunition of any nature are prohibited from
carriage as, or within Checked Baggage. 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.
9.3.3 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.
9.3.4 You must not include in Checked Baggage, fragile or perishable
items, artwork, money, jewellery, precious metals, computers,
personal electronic devices, cellular telephones, cameras, audio and
video equipment, negotiable papers, securities or other valuables,
business documents, passports and other identification documents or
samples.
9.3.5 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
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.
9.6.2 Checked Baggage must have your name or other personal
identification affixed to it.
9.6.3 Checked Baggage 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 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.
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
9.8.1 Subject to Article 9.6.3, you are required to collect your
Checked Baggage 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 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.
9.8.3 If a person claiming Checked Baggage 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.
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ARTICLE 16 - LIABILITY FOR DAMAGE |
16.1 The liability of South African 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, 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.
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 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 does not exceed the
applicable free baggage allowance for the class of carriage
concerned. If in the case of Checked Baggage 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 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.
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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, 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 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.
17.2 LIMITATION 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.
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