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Terms of carriage

Philippine Airline's terms of carriage


(Obtained approval from Philippine Civil Aeronautics Board (“CAB”) through CAB Resolution No. 39 (95) of September 7, 1995, CAB Resolution No. 42 (2001) of June 1, 2001, and CAB Resolution No. 76 (2001) of July 26, 2001)
Article 1

Scope


Paragraph 1 General Provisions
These conditions are the conditions of carriage indicated on the passenger’s ticket and on the check-in receipt issued by Philippine Carriers. Unless specified in Paragraphs 3, 5 and 6 of this article and international treaties and agreements or otherwise specified explicitly, these conditions apply to all domestic and international carriage of passengers and baggage provided by the carrier company including incidental services.

Paragraph 2 Free Carriage
These terms and conditions apply to related contracts, boarding passes or carrier tickets outside the scope otherwise specified by Philippine Carriers and also to free and discounted carriage.

Paragraph 3 Carriage from and to Canada and USA
(a) These conditions apply to the carriage between locations inside Canada or between a location in Canada and a location outside Canada within the extent of the fare rules implemented in Canada.

(b) These conditions apply only within the extent of the US Federal Aviation Regulations of 1958 and the order, rule and regulation based on the said regulations and to the air carriage defined in the said regulations.

Paragraph 4 Change of Terms and Conditions
These terms and conditions are subject to change under the authorization by the Philippine Civil Aeronautics Board (CAB) without prior notice. However, such changes are not applied to tickets after being issued.

Paragraph 5 Charter Operations
If carriage is performed pursuant to a charter agreement, these conditions of carriage apply only to the extent in which they are incorporated by reference or otherwise, in the charter agreement or the ticket. If there are discrepancies between these conditions of carriage and the charter agreement or the ticket, the latter takes precedence.

Paragraph 6 Overriding Law
Any provision contained in or referred to in these conditions of carriage do not apply within the extent that they are contrary to all contents included in any part of the relevant laws, government regulations, orders or requirements which cannot be excluded by any of the contracts defined in Article 2 of these conditions of carriage or agreement between the parties. If any provision of these conditions of carriage is invalid, the other provisions shall nevertheless remain valid.

Article 2

Definition of Terms


“Agreed Stops”
Refers to those places set out in the ticket or shown in our timetables as scheduled stops on your itinerary except the place of departure and place of destination.

“Baggage”
Refers to movable assets such as the passenger’s articles and belongings required or appropriate for the wear, use, comfort, or convenience in relation to the trip. Unless otherwise specified, it consists of both your checked and unchecked baggage.

“Baggage Check”
Refers to the part of the ticket related with the carriage of the passenger’s checked baggage

“Baggage Identification Tag”
Refers to a document issued solely for identification of checked baggage.

“Carrier”
Refers to Philippine Carriers and air carriers who carry or agree to carry the passengers and or their baggage based on the tickets issued by Philippine Carriers

“Carrier Fare Regulations”
Refers to the rules that govern the carriage of passenger and/or baggage, are approved by CAB and effective as of the ticketing date, are outside these conditions of carriage, and must include the fare regulations in effect.

“Checked Baggage”
Refers to the baggage for which the carrier issues a baggage check and of which the carrier takes custody of unilaterally.

“Conjunction Ticket”
Refers to a ticket issued to the passenger in relation to another ticket, which together constitute a single contract of carriage.

“Convention”
Refers to whichever of the following instruments are applicable in the conditions of carriage.
   ■ The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw, October 12, 1929 (hereinafter, referred to as “Warsaw Convention”)
   ■ The Warsaw Convention as amended at the Hague, Netherlands on September 28, 1955
   ■ The Warsaw Convention as additionally amended other effectuated conventions and protocols

“Damage”
Refers to the death, injury, delay, loss, partial loss, and damage of all nature arising out of or in connection with carriage or other services incidental thereto performed by the carrier

“Days”
Refers to 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.

“Domestic Ticket”
Refers to the ticket limited to the use exclusively inside the Philippines.

“International Carriage Defined in the Warsaw Convention”
Refers to the carriage of which the place of departure and the destination are located within the territory of one contracting state of the Warsaw Convention, which has not ratified the Hague Protocol, and in the territory of one of the contracting states of the Warsaw Convention, which has ratified the Hague Protocol, or within the territory of the two contracting states of the Warsaw Convention, which have not ratified the Hague Protocol, or within the contracting state of the Warsaw Convention, which has not ratified the Hague Protocol in the case where there are agreed stops that are subject to the sovereignty, sovereign right, sovereign power, or mandate of the concerned power, if not other powers, by contract between the parties and regardless of stopovers or transfers during the carriage.

“International Carriage Defined in the Warsaw Convention Amended by Hague Protocol”
Refers to the carriage of which the place of departure and the destination are located within the territory of the two contracting states of the Warsaw Convention, which have not ratified the Hague Protocol within the territory of one of the contracting states of the Warsaw Convention that has ratified the Hague Protocol in the case where there are agreed stops within the territory of other states that have not ratified the Hague Protocol, by contract between the parties and regardless of stopover or transfer during the carriage.

“Flight Coupon”
Refers to the portion of the ticket marked “good for passage” and it indicates specific points to which the passenger has the right to be carried.

“Passenger”
Refers to any person, except members of the crew, carried or to be carried in an aircraft based on the consent of the carrier.

“Passenger Coupon”
Refers to the portion of the ticket issued directly by the carrier or its representative marked “PASSENGER COUPON”, which is ultimately to be retained by the passenger.

“Stopover”
Refers to temporary stops on a journey at a point between the place of departure and the place of destination based on prior consent with the carrier

“Ticket”
Refers to the document entitled "Passenger Ticket and Baggage Check" issued by the carrier or on its behalf, and includes the conditions of contracts, notices, coupons, and passenger tickets.

“Unchecked Baggage”
Refers to any of the baggage other than checked baggage.

Article 3

Ticket


Paragraph 1 Ticket

(a) Ticket, Clear Evidence of Contract

Tickets are clear evidence of the carriage contract between the carrier and the passengers whose name appears on the ticket. The terms and conditions contained in the ticket summarize some of the provisions of these conditions of carriage. The purchase of a ticket does not guarantee carriage by the carrier. Tickets are the property of the carrier that issued them at all times.

(b) Ticket Requirements

There is no right to be carried on a flight unless the ticket is legitimately issued in accordance with the carrier's conditions of carriage, rate regulations and a valid ticket, including a flight coupon for the flight and any other unused coupons and passenger tickets.

(c) Loss, Mutilation, or Non-presentation of Ticket

If a ticket is lost, misrepresented, or unable to be presented in whole or in part, or if the passenger fails to present a ticket containing a coupon for boarding and other unused boarding coupons, the carrier may substitute the ticket in whole or in part by issuing a new ticket upon the passenger’s request after receiving evidence that the carrier would acknowledge that a valid ticket was legitimately issued to the passenger for the flight in question on the condition that the passenger agrees in the format specified by the carrier to pay to the carrier the amount applicable to the new ticket within the extent of available refund if a person uses the lost or damaged ticket or boarding coupon or if the carrier makes a refund to another person for the ticket.

(d) Prohibition of Ticket Transfer

Tickets are not transferrable. If a person who is not the person entitled to be carried or refunded by the ticket presents the ticket and the carrier provided the carriage or refund in good faith to the person presenting the ticket, the carrier shall not be held liable to the person bearing the corresponding rights for the ticket.

Paragraph 2 Effective Period and Extension

(a) Effective Period

Unless otherwise stated on the ticket, these conditions of carriage or fare regulations of the carrier, tickets are valid for the purpose of carriage for one year from the operation commencement date or from the date of issue if no part of the ticket has been used. Tickets issued with a fare other than normal fares or with additional restrictions are valid for carriage or refund only as provided on the ticket or carrier’s fare regulations.

Based on the above exceptions, domestic tickets are valid for one year from the date of issue.

(b) Extension of Effective Period

If the passenger fails to travel within the valid period of the carrier due to any of the following reasons, the validity of the ticket shall be extended until the date of the first flight of the carrier for which the availability of the seat of the fare class has been secured.

(1) The carrier canceled the flight reserved and confirmed by the passenger

(2) The flight did not stop over at the passenger’s place of departure, destination or stopover

(3) The carrier did not operate the flight according to the schedule on reasonable grounds

(4) The carrier was liable for the passenger to miss a transfer

(5) The carrier replaced the service with the service of another class

(6) The carrier is unable to provide previously confirmed seats

(7) The carrier is unable to provide a seat at the time the passenger requests a reservation.

(c) Disease of Passenger

If a passenger fails to travel within the valid period of the ticket due to health problems after the trip has commenced, the carrier shall extend the validity of the passenger's ticket until the date of the first flight of the carrier departing from the point of resumption (unless the extension of the ticket is prohibited by fare regulations applicable to the fare paid by the passenger) when there is a seat to which the fare class of the ticket can be applied after the date on which the passenger can travel according to a medical certificate. However, if more than one stopover is applied to the remaining flight coupons in the ticket, the valid period of the ticket shall be extended for a period of three months from the date stated in the medical certificate based on the provisions of the carrier’s fare regulations.

In such cases, the carrier shall also extend the validity of the ticket of the immediate family member accompanying the passenger.

(d) Death of Passenger or Immediate Family

In case a passenger deceases during a trip, the valid period of the ticket of the immediate family member of the passenger accompanying the passenger may be extended. If the immediate family member of the passenger who started the trip deceases, the validity of the ticket of the passenger and that of the immediate family member of the accompanying passenger can be extended as well.

This extension of validity shall take place after receipt of an appropriate death certificate and shall not be extended for a period exceeding 45 days from the date of death.

Paragraph 3 Flight Coupon Sequence (Not applied to domestic trips)

(a) The carrier accepts flight coupons from the departure location only in the order described on the ticket.

(b) If the first boarding coupon is not used in an international travel and the passenger starts the trip at a stopover or stopover place during the itinerary, the carrier may refuse to accept the passenger's ticket.

(c) Each boarding coupon is accepted for the purpose of carriage for the class specified in the flight coupon for the flight on the scheduled date.

(d) If a flight coupon is issued with no reservation specified, apply for a seat according to the conditions of corresponding fare conditions and availability of seats on the flight.

Paragraph 4 Carrier’s Name and Address

The name of the carrier can be written in abbreviation on the ticket. The address shall be assumed to be the airport of the departure location indicated next to the abbreviation of the carrier in the “Carrier” slot on the ticket. However, this shall not be strictly regarded as the registered address of the carrier referred to by the agreement.

Article 4

Stopover


1. Passenger may stop over at the agreed stops based on the carrier’s fare regulations.

2. Stopover shall be indicated on the ticket through adjustments with the carrier in advance.

Article 5

Fare and Fee


Paragraph 1 General

Fares apply only to carriage from the airport at the point of departure to the airport at the point of arrival. Fares do not include ground transportation services between airports and between airport and city terminals unless the carrier provides them at no additional charge.

Paragraph 2 Applied Fare

(a) Applicable fares are fares calculated in accordance with the carrier’s fare regulations if the carrier does not announce it directly or through an agent.

(b) Based on government’s requirements and carrier’s fare regulations, fares applicable to domestic carriage are valid for the date of ticket issuance, and applicable fares for international carriage are valid fares on commencement of carriage.

(c) If the amount received is not applicable, the passenger shall pay the difference in accordance with the carrier’s fare regulations, or the carrier shall refund the difference. However, if the date of flight and the flight are specific to the ticket and the passenger uses the flight on the date, the increased portion of the fare shall not be collected.

Paragraph 3 Selection of Flights

Unless otherwise provided in the carrier’s fare regulations, the fare applies only to the flights announced in connection with the said fare. If there is more than one flight at the same fare, the passenger may specify the flight before issuing the ticket. If the flight is not specified, the carrier can choose the flight. The carrier may change the flight to the same destination upon the passenger’s request. Additional charges may apply.

Paragraph 4 Taxes and Fees

Any taxes or charges imposed by the government or any other authority or airport operator with respect to passengers or services or facilities used by passengers shall be added to the announced fares and fees and shall be paid by the passenger unless otherwise provided in the carrier’s fare regulations

Paragraph 5 Currency

Fares and fees may be paid in any currency accepted by the carrier. If payment is made in a currency other than the currency in which the fare is announced, the payment shall be made at the exchange rate determined in accordance with procedures approved by government authorities

Article 6

Reservation


Paragraph 1 Reservation Requirements

(a) Reservations are not confirmed until they are confirmed by the carrier or by the carrier’s authorized agent and recorded as confirmed on the carrier's computer reservation system.

(b) As specified in the carrier’s fare regulations, some fares may be subject to conditions that restrict or exclude the passenger’s right to alter or cancel the reservation.

Paragraph 2 Ticketing Time Limits

If the passenger does not pay (or concludes the credit offering contract with the carrier) for the ticket prior to the specified ticketing time limit, the carrier may cancel the reservation without prior notice.

Paragraph 3 Personal Information

The passenger recognizes that personal information has been given to the carrier in order to make reservations for carriage and to receive incidental services. For this, the passenger entrusts the carrier with the authority to keep personal information and transmit it to any office of the carrier, other carriers, or service provider in any country.

Paragraph 4 Seating

The carrier does not guarantee that it will provide any specific seat within the aircraft, and the passenger agrees to accept any seat for which the ticket is issued.

Paragraph 5 Fees for Unused Seat

The passenger who does not use the reserved seat shall pay the fees for the unused seat to the carrier according to the carrier’s fare regulations.

Paragraph 6 Reconfirmation of Reservation

Reservation for a connecting or returning flight in an international trip requires reconfirmation 72 hours prior to the departure time of the flight. Failure to comply with these requirements may result in the cancellation of connecting or return flight reservations. Domestic trips do not require reconfirmation.

Paragraph 7 Cancellation of Connecting Flight or Return Flight

If the passenger does not make an appointment and does not notify the carrier, the carrier may cancel the booking of the connecting flight or return flight provided by the carrier for the passenger or request for the cancellation of the said flight.

Paragraph 8 Notification on Overbooking

Some flights of the carrier may be overbooked. In other words, there is no absolute guarantee that there will always be seats on flights for which passengers have confirmed reservations. If the flight is overbooked, the carrier’s staff may look for passengers who are willing to give up confirmed reservations in exchange for rewards offered by the carrier. In the absence of a sufficient number of such passengers, passengers who could not board may be entitled to compensation in accordance with these conditions of carriage.

Article 7

Check-in


(a) Timely arrival at the check-in counter

Passengers must arrive at the carrier's check-in counter and boarding gate prior to departure of the flight to allow sufficient time to complete government-prescribed procedures and departure formalities prior to the time designated by the carrier.

(b) Failure in arriving at the boarding gate on time

If the passenger does not arrive at the carrier’s boarding gate on time, the carrier may cancel the reserved seat for the passenger and may not delay the departure of the flight, even when the passenger has already checked in for that flight. The carrier shall not be liable to passengers for any loss or expense arising from the failure of the passenger to comply with the provisions of this article.

Article 8

Rejection to Carry


Paragraph 1 Right to Reject Carriage

The carrier may refuse to carry any passenger or baggage, cancel confirmed reservations, or remove passengers by force for safety reasons or for any of the following reasons;

(a) If such measures are necessary to comply with laws, regulations or orders of any origin, destination country or transit country;

(b) If the passenger's behavior, age, or mental or physical condition is as follows;

(1) Need special assistance from the carrier during boarding or transfer

(2) Cause discomfort or displeasure to other passengers

(3) There is a risk to oneself or another person or property.

(c) When such actions are required as the passenger fails or refuses to comply with the carrier’s instructions;

(d) The passenger refuses security search.

(e) If the applicable fares or any other charges or taxes payable have not been paid or the credit offering agreement between the carrier and passenger (or the person paying for the ticket) has not been complied with;

(f) If the passenger's document appears to be inadequate;

(g) If the ticket presented by the passenger is one of the following;

(1) Purchased illegally not from the carrier or an entity that is not an authorized representative of the carrier

(2) Reported as lost or stolen

(3) Imitation, forgery or mutilated

(4) Converted into the flight coupon not by the carrier or authorized agent of the carrier

(h) Failure to prove when asked to prove that the person presenting the ticket is the person indicated in the "Name of Passenger"

(i) The passenger is under surveillance of judicial authorities and the number of law enforcement agents accompanying the passenger does not exceed the number of passengers under supervision of the judicial authorities by at least one

In the cases specified in (g) and (h) above, the carrier reserves the right to seize and retain the ticket presented to the carrier. If the ticket is seized, the person presenting the ticket may request for a receipt.


Paragraph 2 Limitation of Carriage

(A) The carriage of children, persons with disabilities, pregnant or sick persons without accompanying passengers shall be subject to prior consultation with the carrier in accordance with the carrier’s fare regulations.

(B) If the carrier believes that the aircraft weight limit or seat occupancy may be exceeded, the carrier shall determine through reasonable discretion on which passenger to carry the goods with.

Paragraph 3 Guarantee by Doctor

(a) In order to avoid risks to the safety and convenience of passengers and crew members and to the safety of flights, persons with certain pathologies such as infectious diseases or life-threatening health problems, or any person whose mental or physical illness, such as a person who may become a risk to his or her safety such as pregnant or mentally ill persons is required to disclose the pathology and obtain a guarantee from a physician prior to flight.

(b) Medical information surveys listing most of these ailments can be obtained from the carrier’s office.

(c) The carrier reserves the right to refuse boarding of any person who has such an illness and does not disclose it or fails to provide adequate physician’s guarantees for the flight.

Paragraph 4 Result of Refusal to Carry or Forcible Removal of Passenger

Passengers boarding the carrier’s aircraft must get off the aircraft when the aircraft arrives at the destination or the agreed stop, or when the carrier is required to delay or cancel the flight. The carrier may take all reasonable steps to forcibly remove passengers refusing to comply with the request by the carrier and such passenger must immediately reimburse the carrier for any ensuing costs.

If the carrier refuses to carry passengers for any reason listed above at their discretion or forcibly removes passengers in the middle of a trip, the carrier may cancel the unused portion of the carrier ticket, and the passenger has no right to further carriage. The carrier shall not be held liable for any indirect loss or damage resulting from such refusal of carriage or forcible removal.

Paragraph 5 Attendants Required

For safety reasons, passengers in the following categories are required to travel with an attendant.

(a) Passengers who are unable to help themselves evacuate due to motor disability

(b) Passengers with severe hearing or visual impairment and unable to use any means of communication to obtain carrier safety advice;

(c) Passengers traveling with a stretcher or nursery, or who require certain medical care (Ex. medical oxygen, artificial respiration, intravenous injection, etc.)



Article 9

Baggage


Paragraph 1 Items Not Recognized as Baggage

(a) The passenger shall not include the following items in the baggage;

(1) Articles which do not constitute as baggage as defined in Article 2 of these conditions of carriage

(2) Items that are likely to cause danger to the aircraft or persons or properties on the aircraft such as those specified in the International Civil Aviation Organization (ICAO) and International Air Transport Association (IATA)

(3) Goods for which carriage is prohibited by laws, regulations or orders of the departure location, destination, or transit country

(4) Live animals except as provided in Paragraph 10 of this Article

(5) Goods that are determined by the carrier to be unsuitable for carriage due to weight, dimensions or nature

(b) Firearms and ammunitions are prohibited from carriage as baggage. However, hunting and sport firearms and ammunition may be recognized as checked baggage when passengers are inspected before commencement of carriage. Firearms must be locked and properly packed and the carrier may require passengers to keep them under its control until they arrive at the destination airport. Firearms and ammunition carriage are subject to national legislation and the ICAO and IATA Hazardous Goods Regulations.

(c) The passenger shall not keep money, jewelry, precious metals, silverware, bills, securities, or other valuables, business documents, passports and other identification or samples in checked baggage.

(d) Antique firearms, swords, daggers, and similar weapons may be accepted as checked baggage in accordance with the carrier’s fare regulations, but are not permitted in the cabin.

(e) If the goods referred to in paragraphs (a), (b) or (c) of this article are carried, whether they are carried as checked baggage or not, legal liability restrictions and other regulations apply.

Paragraph 2 Carriage Veto

(a) The carrier may refuse to carry baggage of an article for which carriage of baggage is prohibited in Paragraph 1 of this Article and may refuse the continued carriage of the baggage when such article is found. Due to the carrier’s right to search, the carrier has no obligation to permit the carriage of goods prohibited in the carriage pursuant to Paragraphs 1 and 2 of this Article and the right to search, whether exercised or not, does not constitute an explicit or implicit agreement.

(b) The carrier may not carry baggage exceeding the free baggage allowance on subsequent flights, unless prior consultation with the carrier has been made with the carrier.

Paragraph 3 Checked Baggage

(a) After the baggage to be carried is received, the carrier shall keep the baggage and issue a baggage slip for each baggage. The baggage slip issued by the carrier is not a baggage check and is used for identification purposes only.

(b) If the baggage does not have a name, initials or other identifiable information, the passenger must affix such identification information before delivering it to the carrier.

(c) The checked baggage shall be carried on the same flight as the passenger, but if the carrier considers this difficult, the carrier may carry the checked baggage on the next flight of the carrier with space or through another carrier.

(d) The carrier may refuse to accept goods as checked baggage unless the goods are suitably packed in suitcases to ensure safe carriage by suitcase or ordinary handling.

(e) The carrier reserves the right to limit the weight, dimensions or characteristics of the baggage according to the capacity of the particular aircraft.

Paragraph 4 Free Baggage Allowances

Passengers may carry baggage free of charge as specified in the terms and conditions of the carrier’s fare regulations.

Paragraph 5 Excess Baggage

Passengers shall pay a fee for the carriage of baggage exceeding the free baggage allowance according to the rates and the method specified in the carrier’s fare regulations. Baggage that exceeds the free baggage allowance will be carried only at the discretion of the carrier and is subject to space and weight restrictions.

Paragraph 6 Declaration of Excess Value and Fees

(a) The passenger may declare the value of the checked baggage exceeding the liability limit applicable to the carrier’s fare regulations. If the passenger makes such a declaration, he/she must pay the applicable fare. The carrier reserves the right to inspect checked baggage to verify the accuracy of the declared value.

(b) The carrier shall refuse to receive the excess value declaration on the checked baggage if any other carrier that does not provide such convenience is responsible for any part of the carriage.

(c) Except where otherwise provided in the carrier’s fare regulations, excess fares shall be paid at the place of departure for the entire journey to its final destination. However, if an excess value higher than the value declared by the passenger is reported on the way to the stopover, the surplus value surcharge for the increase in value from the stop to the final destination shall be paid.

Paragraph 7 Unchecked Baggage

(a) Baggage carried by the passenger aboard the aircraft shall fit under the passenger's seat or overhead compartment. Goods that are deemed overweight or oversized by the carrier are not allowed in the cabin and must be carried as checked baggage. (b) Goods including but not limited to delicate musical instruments that the carrier considers unsuitable for freight compartment is permitted only in the cabin locker if a proper notice is given and the carrier gives permission it in advance. Additional charges may apply to the carriage of such goods.

Paragraph 8 Retrieval and Delivery

(a) The passenger shall retrieve the baggage as soon as it is available for retrieval at the destination or stopover.

(b) Only the holders of baggage checks and baggage identification tag distributed to passengers when baggage is checked shall be allowed to take the baggage. The carrier has no obligation to verify that the holder of the baggage check is entitled to the delivery of the baggage and the carrier shall not be liable for any loss, damage or expense arising from the failure to confirm the baggage. If a baggage check is presented and the baggage is identified by other means, delivery of the baggage ticket is not prohibited.

(c) If the passenger claiming possession of the baggage is unable to present the baggage check and identifies it through the baggage check, the carrier shall hand over the baggage to the passenger only on the condition that the passenger proves to the carrier that he/she has the right to the baggage, and if requested by the carrier, the passenger shall provide reasonable security to the carrier to compensate for any loss, damage or expense incurred to the carrier by the handover.

(d) If the baggage check holder takes over the baggage without raising any complaint in writing at the point of delivery, it constitutes the evidence that the baggage is delivered in good condition in accordance with the conditions of carriage.

Paragraph 9 Baggage Not Retrieved

Baggage that is not retrieved after the carrier has occupied it for 30 days shall be disposed of in a manner considered appropriate by the carrier.

Paragraph 10 Pet Animals

(a) Dogs, cats, birds, and other animals may be accepted as checked baggage when they are properly packed in boxes and presented with valid health and vaccination certificates, carry-on permits and other necessary documents.

(b) If permitted, the animals, cages and food are not included in the free baggage allowance and shall be treated as excess baggage, and passengers shall pay the applicable fare. Animals are not allowed in the cabin.

(c) Guide dogs accompanied by passengers with visual or hearing impairments and its cage and food shall be carried in accordance with the carrier’s fare regulations.

(d) Permission for the carriage of animals is under the condition that the passenger will be entirely responsible for the animal. The carrier shall not be liable for injury, loss, delay, illness or death of any animal as the animal is denied of entry or transit in specific country, state, or sovereign dominion.

Paragraph 11 Plants

Plants, flowers, fruits, cutting slips or other plant products may be carried in accordance with the carrier’s fare regulations and other relevant government and airport requirements.

Paragraph 12 Articles Vulnerable to Breakage or Decay

Goods that are susceptible to damage or decay will be refused carriage if the carrier does not acknowledge the packing condition and unless the passenger concludes an agreement to indemnify the carrier from legal liability for damage, loss or corruption of the goods.

Paragraph 13 Articles Removed by Airport Security Agents
The carrier shall not bear any legal liability for goods that airport security agents remove from passengers or baggage.

Article 10

Cancellation of Schedule and Flight

Paragraph 1 Schedule

(a) The carrier shall carry out best efforts to maintain a reasonable level of promptness to carry passengers and their baggage and to comply with announcements and timetables effective on the day of travel. However, no specific date is set for the commencement or completion of the carriage, and the dates and times listed in the ticket, timetable, etc. are approximate figures and not guaranteed and do not form part of the conditions of carriage. The schedule may change without notice and the carrier shall not be held responsible for connecting flights.

(b) The carrier may substitute with another carrier or aircraft without notice.

Paragraph 2 Cancellation, Change of Schedule, Etc.

If the carrier cancels or delays the flight, fails to provide previously designated seats, does not arrive at the stopover or destination of the passenger due to circumstances outside the control of the carrier, the carrier shall not be held liable for any indirect or special loss, expenses or damages. However, this does not apply in following cases;

(a) If passengers are carried by other passenger services with seats.

(b) The passenger may be carried to the destination listed on the ticket by an alternative route through the scheduled service of itself or another carrier or by ground transportation. If the sum of the applicable fare, excess baggage fees and service charges for the alternative route is higher than the refund value for the ticket or the applicable portion of the ticket, the carrier shall not require any additional fares or fees from the passenger, however, shall refund the difference if the fares and fees are lower.

(c) Refunds can be provided in accordance with the provisions of Article 11 and the carrier shall not bear any additional legal liability to passengers.

Article 11

Refund


Paragraph 1 General

If the carrier does not provide the carriage under the carriage contract or if the passenger requests change of his/her schedule, the carrier shall provide a refund for the unused portion of the unused carrier ticket in accordance with the provisions of this article and the carrier’s fare regulations.

Paragraph 2 Subject of Refund

(a) Except as provided hereunder, refunds shall be made to the ticket payer or to the person whose name appears on the ticket after satisfactory evidence has been provided in relation to his or her right to the refund.

(b) If the person other than the passenger appearing on the ticket has paid for the ticket and indicated on the ticket that there is a restriction on the refund, the carrier shall give refund to the payer of the ticket or provide the refund by designating the ticket payer as the receiver.

(c) Except in the case of a lost international ticket, a refund will only be made when the passenger ticket and all unused coupons are delivered to the carrier.

(d) Any refund provided to any person who presents a passenger coupon or passenger receipt and any unused coupons and who claims to be a rightful receiver under (a) or (b) above shall be deemed to be an appropriate refund receiver, and the carrier shall be free from legal liability and additional refund claims.

Paragraph 3 Automatic Refund

If the carrier does not cancel the flight, does not operate the flight in accordance with the schedule based on reasonable causes, does not stop at the passenger's destination or the place where the passenger stops over, was unable to provide previously confirmed seats, became the reason for a passenger missing a connecting flight with confirmed reservations, or refuses to give the passenger carriage under these conditions of carriage, the amount of refund shall be the following;

(a) If no portion of the ticket has been used, the same amount as the amount paid

(b) If a portion of the ticket was used, the difference between the amount paid and the applicable fare for the carriage used

Paragraph 4 Refund upon Request

If a passenger requests for a refund of his/her ticket for reasons other than those listed in Paragraph 3 of this article, the amount of refund shall be as follows.

(a) in the absence of any portion of the ticket, the amount equal to the amount paid, minus the applicable service charge or cancellation fee;

(b) in the case of a portion of a used ticket, the difference between the amount paid and the applicable fare for the carriage used, minus the applicable service charge or cancellation fee

Paragraph 5 Refund on Lost Ticket

In the event that a ticket or any part of it is lost, refund shall be made after the carrier is convinced that the evidence for loss has been submitted and the applicable service fee has been paid while the following conditions are met;

(a) The lost ticket or part of it has not been used, previously refunded, or replaced.

(b) The person to whom the refund is payable pledges to reimburse the carrier for the same refund amount if the refund is made to the person who uses the lost ticket or any part of it or the refund is made by the carrier to the person who occupies the ticket.

(c) A lost domestic ticket has not been refunded or replaced.

Paragraph 6 Right to Refuse Refund
(a) The carrier may refuse refund where application is made 30 days after the expiration of the ticket

(b) The carrier may refuse to refund any ticket presented to the carrier or any carrier or government official of the country of destination as evidence of his/her intention to depart, however, not when the passenger proves to the carrier that he/she has obtained permission to remain in the country or departs through other carriers or other means of carriage.

Paragraph 7 Currency
All refunds are subject to government laws, rules and regulations of the country from which the ticket was originally purchased and the country in which the refund is issued. On the premise of the said regulations, refunds are normally made in the currency in which the ticket is paid, but may be made in other currencies according to the carrier’s fare regulations.

Paragraph 8 Refund Provider
The requested refund shall be provided by the carrier that originally issued the ticket or by its agent if the agent of the carrier is authorized to provide such.

Article 12

Conduct Aboard Aircraft

Paragraph 1 Conduct Causing Discomfort

If a passenger commits an act that poses danger to other people or properties on board, acts in a way that may interfere with the performance of the crew's duties or in a way to which other passengers may reasonably object, the carrier may take necessary measures to prevent the conduct from continuing, including forcible removal.

Paragraph 2 Use of Electronic Devices

Passengers may not use portable radio, TV, telephone or transmitter, including radio controlled toys and radios, on board. Passengers shall not operate any electronic device in the cabin without permission of the carrier. Electronic devices explicitly permitted by carriers such as a portable recorder, hearing aid, electric shaver, calculator, pacemaker, and so on may be used at any time, except during takeoff and landing. A lighter using fuel cannot be used on board.



Article 13

Convenience Provided by Carrier


Paragraph 1 No Legal Liability for Additional Services
If the carrier agrees to provide accommodation for the provision of additional services such as hotel accommodation and local trips in the course of concluding an air carriage contract, the carrier shall carry this out only as an agent of the passenger and shall not be held liable to passengers for the loss, damage, or costs of any nature arising out of or in relation to the passenger’s use of such conveniences or any individual’s, the Company’s, or its agents’ refusal in providing such conveniences for the passenger.

Paragraph 2 Non-provision of Meal and Accommodation after Cancellation
If a flight is canceled due to circumstances outside the control of the carrier, the carrier shall not be obliged to provide meals and accommodations to passengers who cannot continue their journey due to such cancellation.

Article 14

Management Procedure


Paragraph 1 General

(a) The passenger is solely responsible for compliance with:

(1) All laws, regulations, orders, requests, and travel requirements of the country of departure, destination, or transit.

(2) Carrier’s Fare Regulations and Guidelines

(b) The carrier shall not be held responsible for any of the following assistance or information provided for the passenger by its agent or employee.

(1) Written or other forms of assistance or information related with the required documents or acquisition of visa or compliance with the said laws, regulations, orders, requests, and requirements

(2) Assistance or information to help passengers comply with any said laws, regulations, orders, requests, requirements, rules, or guidelines in relation to the consequences they may face due to non-acquisition of the said documents or visas

Paragraph 2 Travel Documents

(a) The passenger must present all immigration, departure, and health documents and other documents required by the laws, regulations, orders, requests, or requirements of the country concerned.

(b) The carrier has the right to refuse carriage of any passenger who fails to comply with any relevant laws, regulations, orders, requests, or requirements or when there are reasons to believe that the passenger's travel documents are inappropriate.

Paragraph 3 Denied Entry

(a) A passenger shall be obliged to pay the applicable fare if the passenger is required to return the passenger to the starting point or to another point in accordance with the government’s disposition as the passenger is refused to enter the stopover or destination country.

(b) The carrier may offset the applicable fare above with any carriage fee not used on the ticket of the passenger or any money under the carrier occupancy.

(c) The carrier does not refund any fare received for carriage conducted to the point of refusal of entry or to the point of deportation.

Paragraph 4 Passengers Liability for Penalty, Detention Charges, Etc.

(a) If the carrier is required to pay or deposit any fines or penalties, or if any expenses are incurred to the carrier due to the passenger’s failure to comply with the laws, regulations, orders, requests, and other travel requirements of the country concerned, or fails to present required documents, the passenger shall promptly reimburse the carrier for all such expenses or any costs incurred or deposited.

(b) The carrier may offset such expenses or costs with any fare not used on the ticket of the passenger or any money under the carrier occupancy

Paragraph 5 Customs Inspection

(a) If required, passengers shall agree to inspections by customs or other government officials of their checked or unchecked baggage.

(b) The carrier shall not be liable to passengers for any loss or damage due to the passenger’s failure to comply with the requirements

Paragraph 6 Security Inspection

Passengers shall undergo security inspection carried out by the government or airport security.

Article 15

Successive Carrier


The international operation carried out by multiple carriers for a single ticket or tickets with conjunction tickets issued is regarded as a single operation.

Article 16

Limitation of Legal Liabilities for International Operation


Paragraph 1 Application scope of regulations and limits

Unless international carriage under these conditions of carriage is not international carriage as defined in the convention, such international carriage shall be governed by the regulations and limits relating to the legal liability established by the convention.

Paragraph 2 Special Service

(a) The aircraft shall apply the legal liability provisions set out in the convention. However, in accordance with Article 22 (1) of the convention, the aircraft and other carriers agreed as follows based on the Montreal Conventions of 1966 for any international carriage to which the convention applies and includes all international carriage which includes a place in the USA as the point of departure, destination, or agreed stopping place in accordance with the conditions of carriage.

(1) The liability limit for each passenger for death, injury or other injury shall be limited to USD 75,000 including its fees and expenses. However, in states or countries that accept separate judgments on legal fees and costs, the limit is USD 58,000, excluding legal fees and charges.

(2) The carriers shall not use any defenses under Article 20 (1) of the convention in respect of any claim arising from death, injury or injury of other passengers.

(b) Any claim made by any person who intentionally caused damage to the passenger resulting in death, personal injury or injury to any other person in the conventions, or any claim made on or in connection with this person shall not be construed as affecting the carrier’s right and legal liability.

(c) Each carrier has entered into such conventions only on its behalf in connection with the carriage carried out by itself, has not imposed any legal liability on that carrier in connection with any portion of the carriage performed by that other carrier, and did not acquire any legal liability in connection with any part of the carriage performed by such a carrier.

(d) Subject to the provisions of Article 20 and on the premise of Article 22 of the Warsaw Convention, the carrier shall, for the trip to an agreed place in the USA, departing from or not arriving at that place, agree to apply USD 75,000 or equivalent, including legal fees and charges, to any liability for death, personal injury or wounding of other passengers for any international carriage performed by the carrier including the carriage not defined as international carriage.

Article 17

International Operation Related Claims and Litigation Deadline


Paragraph 1 Claim Notification

No litigation shall be brought forth against any of the following cases unless a complaint is raised against the carrier within the applicable period. All complaints must be filed in writing and sent within the deadline. The method of calculating the deadline shall be decided by the court with jurisdiction.

(a) Damage to checked baggage accompanying international carriage: Immediately after the person entitled to the delivery of the baggage has found the damage or within 7 days after the date the baggage was received

(b) Delay in Baggage Delivery: Within 21 days from the date baggage is received

(c) Lost: Within 21 days from the receipt of loss notice issued by the carrier.

Paragraph 2 Limitation on Litigation

All claims for damages in relation to international carriage shall expire if no suit is filed within two years from the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or from the date on which the carriage was suspended.
Article 18

Limitation of Legal Liabilities for Domestic Operation


Paragraph 1 Carriage of Passengers

For the domestic carriage of passengers, the carrier's liability for death or injury (including loss of economic capacity) of passengers that may be attributable solely to the conduct, omission or negligence of the carrier, for any reason beyond the control of the carrier, shall not exceed 250,000 pesos in Philippine currency per passenger.

Paragraph 2 Domestic Carriage of Checked Baggage

For checked baggage carried on domestic flights, the carrier’s liability for loss, damage or delays of checked baggage or any item contained in checked baggage, which may be attributable solely to the conduct, omission or negligence of the carrier for any reason beyond the control of the carrier shall not exceed 40 Philippine pesos per passenger unless the passenger had declared a higher value at the time of checking in the baggage and paid an additional amount according to the fare regulations of the carrier.

Paragraph 3 Domestic Carriage of Unchecked Baggage

For the baggage or other items carried directly by passengers on domestic flights, the carrier's liability for loss, damage or delay in delivery, which may be attributable solely to the conduct, omission or negligence of the carrier for any reason beyond the control of the carrier shall not exceed 400 Philippine pesos per passenger.

Article 19

Domestic Operation Related Claims and Litigation Deadline


Paragraph 1 Notification of Claim

No lawsuit shall be brought against any of the following cases unless a complaint is raised with the carrier within the applicable period. All complaints must be filed in writing and sent within the deadline.

(a) Damage to checked baggage accompanied by international carriage: Immediately after the person entitled to the delivery of the baggage has found damage or within 7 days after the date the baggage was received

(b) Delay in Baggage Delivery: Within 7 days from the date baggage is received

(c) Lost: Within 21 days from receipt of notice of lost notice issued by the carrier


Paragraph 2 Limit on Litigation

All claims for damages in relation to domestic carriage shall expire if no suit is filed within two years from the date on which the aircraft was scheduled to arrive, or from the date on which the carriage was suspended.

Article 20

General Provisions on Legal Limitations

To the extent that it is consistent with the convention, the following shall apply whether or not the Convention is applied;

(a) The carrier shall bear legal liability only for damages arising from its own flights or air services. A carrier issuing a ticket or baggage check for another carrier's flights or services shall only issue it as an agent for that carrier and shall not be liable for any act or omission of such carrier. Nonetheless, the passenger has the right to file a lawsuit against the first or the last carrier in relation to the checked baggage.

(b) The carrier shall not bear any legal liability for damage unless the damage of the baggage is caused by the negligence of the carrier. If the passenger has contributory negligence, the carrier's liability shall be governed by the applicable laws relating to contributory negligence.

(c) The carrier shall not be held liable for damages incurred by the carrier in compliance with any statutory or governmental regulations, orders or requirements, or for failure by passengers to comply with such laws or regulations.

(d) Where different liability limits apply under applicable law, these different liability limits shall apply. If the weight of the baggage is not recorded on the baggage check, it is assumed that the total weight of the checked baggage does not exceed the free baggage allowance of the class of the seat. In the case of checked baggage, if a higher value is declared under Paragraph 6 of Article 9, our legal liability shall be limited to the higher value declared.

(e) The carrier's legal liability shall not exceed the amount of the certified damages. In addition, the carrier shall not be liable for indirect damages.

(f) The carrier shall not be held liable for injuries of passengers due to the items contained in the baggage of the passenger or the damage of the baggage of the passenger. A passenger who causes injury to another person or causes damage to the property of another person or the property of the carrier due to his/her own property shall reimburse the carrier for any losses and expenses incurred.

(g) The carrier shall not be held legally liable for the loss or damage of goods that are vulnerable to breakage or deterioration, money, jewelry, precious metals, silverware, bills, securities or other valuables, business documents, passports and other identifications or the loss or damage of samples. The carriage of such goods shall be permitted only under special consultation with the carrier.

(h) If a passenger whose age, mental health or physical condition is accompanied by a risk, or a passenger poses any danger to himself/herself is carried, the carrier shall not be liable for any death, illness or illness, including death resulting from the condition or deterioration of the condition, injury, or disability. The carrier shall not be liable at all for the consequences of the passengers' health condition.

(i) The exclusion or limitation of liability of a carrier shall apply to and benefit the interests of its agents, employees and representatives and the owner of the aircraft used by the carrier or its agents, employees and representatives. The total amount recoverable from the carrier and such agents, employees, representatives and owners shall not exceed the carrier's legal liability.

(j) Except as expressly provided otherwise, nothing contained in these conditions of carriage shall be construed as a waiver of any liability for the exclusion or limitation of liability in connection with the convention or any relevant laws.

Article 21

Compensation for Refusal of Boarding


Paragraph 1 Amount of Compensation for Refusal of Boarding

(a) On the premise of the exceptions set forth in Paragraph 2 of these conditions of carriage,

if the carrier has confirmed reservations, has arrived at the appropriate time and place for carriage purposes, and fully complied with the carrier's boarding procedures and revalidation procedures, however, was notified that the passenger was refused to board due to lack of seats, a sum equal to the total value of the first coupon among the remaining flight coupons plus compensation equivalent to 150 Philippine pesos for domestic flights or to the total value of the first coupon among the remaining flight coupons plus compensation equivalent to 1,500 Philippine pesos for international flights or the amount equivalent to the amount of the foreign currency equivalent to 500 pesos or equivalent to the amount not exceeding the currency amount shall be paid to the passenger. If the government authorities of the country in which the carrier refused to board specified other amounts, that amount shall apply.

(b) Compensation for refusal to board due to lack of seats shall constitute damage amount confirmed for damages incurred to the passenger.

(c) In addition to the confirmed damages, the passenger shall be given priority for reservation for the next flight available with the same ticket for which he/she is refused to board. However, disabled passengers, seniors and minors without accompanying passengers shall take precedence over all other passengers.


Paragraph 2 Eligibility Exceptions

Passengers are not eligible for compensation for refusal of boarding in the following cases;

(a) The carrier is unable to carry the passenger as the flight on which the passenger has a confirmed reservation (1) as the government’s required seats or (2) as was replaced with another aircraft with less capacity due to management or safety reasons, or other reasons beyond the control of the carrier.

(b) The flight has been canceled for management or safety reasons, forces majeure, weather, strikes or any other cause beyond the control of the carrier.

(c) The carrier arranges similar air carriage or other means of carriage intended to arrive at the passenger's next stopover or destination within three (3) hours of the scheduled arrival time of the flight on which the passenger has confirmed reservations.

Article 22

Change of Contract and Disclaimer


No agent, employee, or representative of the carrier is authorized to renounce or change any of the provisions of these General Conditions of Carriage, either in action or writing.


Article 23

Headword


Headword is only for convenience and does not constitute a part of these General Conditions of Carriage.

- End -



PAL Express's terms of carriage


Article 1
Definitions


 “ACCOMPANYING PASSENGER” means a paying passenger of at least 15 years of age, who, in the Carrier’s reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular customer they are accompanying.
 “AIRLINE DESIGNATOR CODE” means the two characters or three letters which identify particular air carriers.
“AUTHORIZED AGENT” means a passenger sales agent who has been appointed by Carrier to represent the same in the sale of air passenger transport on such services provided by Carrier.
“ANCILLARY SERVICES OR PRODUCT” means any additional product or services extended which passenger may avail of in exchange for monetary or other values with respect to the air carriage service.
"BAGGAGE" means the personal property accompanying a passenger in connection with his/her trip. Unless otherwise specified, it includes both the Checked and Unchecked Baggage of a passenger.
"BAGGAGE CHECK" means a document issued to Passenger by the Carrier as a receipt for Checked Baggage and which relate to the carriage of Checked Baggage and includes the Baggage Identification Tag.
"BAGGAGE IDENTIFICATION TAG" means a document issued by the Carrier solely for identification of Checked Baggage.
“BOARDING PASS” is a set of information containing passenger details, flight details, boarding time and seat number. It also indicates the destination of the Passenger. Such information may be supplied and retrieved either by manual or electronic processes as determined and directed by the Carrier.
“BOOKING” means the details which the Carrier or its Authorized Agent has entered in the Carrier’s system relating to a journey to be made by a Passenger.
“BOOKING REFERENCE” means the reference issued by the Carrier or its Authorized Agent which identifies the Booking that a passenger has made with the Carrier.
“CABIN BAGGAGE” is sometimes referred to as carry-on or unchecked baggage. It means any of the passenger’s baggage other than Checked Baggage. The Cabin Baggage is taken into the cabin of the aircraft with the passenger.
"CHECKED BAGGAGE" is sometimes referred to as “registered baggage”. It means baggage which the carrier takes custody of and for which the carrier has issued a Baggage Identification Tag.
"CARRIER" means Air Philippines Corporation (APC) known by its service brand name airphilexpress, that will carry or undertake to carry the Passenger and/or his or her Baggage under a Ticket issued by it, APC functions as a low cost point-to-point airline.
“CONVENTION” means whichever of the following:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention); the Warsaw Convention as amended at The Hague on 28 September 1955; the Warsaw Convention as amended at the Hague and by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Supplementary Convention (1961); the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention); any other applicable protocols or conventions and any enabling legislation.
“DAMAGE” includes death, injury, delay, loss, partial loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto.
"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 that for purposes of determining duration of validity the day upon which the Ticket is issued, or flight is commenced, shall not be counted.
"DOMESTIC TICKETS" means Tickets with purely Philippine domestic itinerary.
“ELECTRONIC TICKET" (E-TICKET) means the Itinerary issued by the Carrier or in its behalf and if applicable, a boarding document.
"FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage" or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which the passenger is entitled to be carried.
“IDENTIFICATION” means valid government issued identification which the Carrier will require passengers to produce to prove their identity at check-in or boarding if check-in is done via web.
“INTERNATIONAL CARRIAGE UNDER THE WARSAW CONVENTION" means carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated, either within the territories of two High Contracting Parties to the Warsaw Convention one or both of which have not ratified the Hague Protocol or within the territory of a single High Contracting Party not having ratified the Hague Protocol if there is an agreed stopping place within the territory subject to the sovereignty, suzerainty, mandate or authority of another Power even though that Power is not a High Contracting Party.
"INTERNATIONAL CARRIAGE UNDER THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL" means carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated, either within the territories of States both of which have ratified the Hague Protocol or within the territory of a single state which has ratified the Hague Protocol if there is an agreed stopping place within the territory of another State even if that State has not ratified the Hague Protocol.
"ITINERARY RECEIPT" OR “TRAVEL ITINERARY OR TICKET” means the mainly printed document  issued to Passenger that includes the Passenger's name, flight information, booking number, Conditions of Carriage and notices.
“INTERNATIONAL FLIGHT OR INTERNATIONAL CARRIAGE” means travel between two or more countries including any flights within those countries where they are combined with any international flights.
“PASSENGERS WITH REDUCED MOBILITY” refers to paraplegic or quadriplegic passengers.
"PASSENGER"," YOU", "YOUR" AND "YOURSELF" means any person, except members of the crew, carried or to be carried in an aircraft with the Carrier’s consent.
"ROUTE" means the flight from the airport at the point of origin to the airport at the point of destination.
"SEAT" means a seat in the Carrier’s aircraft.
“FEE” OR “CHARGE” OR "TARIFF" means the Carrier’s fares and charges published electronically or on paper.
“UNACCOMPANIED MINOR” means those children aged 8 to 12 years of age at the time of carriage may travel unaccompanied during flight provided they are accompanied by an adult and are properly endorsed to Carrier at check-in. Provided further, that the unaccompanied children, who are traveling unaccompanied, will have an assured pick-up at the point of destination. Any child below the age of 8 years shall not be carried without an accompanying adult.
"WE", "OUR", "OURSELVES", "US" AND "CARRIER" means Air Philippines Corporation or airphilexpress.
"WEBSITE" means the internet site www.airphilexpress.com provided by the Carrier for the purpose of passengers making online bookings and to access information about airphilexpress.





Article 2
Applicability

General: These Conditions are the Conditions of Carriage referred to in our Passenger Ticket and Baggage Check and except as provided in cases of gratuitous or reduced fare carriage, charters and overriding laws, as well as in applicable international treaties and Conventions and unless otherwise expressly stated, these Conditions of Carriage apply to both international and domestic carriage by air of Passenger and baggage, including services incidental thereto, performed by us for compensation or reward.

Language: The language of these Conditions of Carriage is English and while there may be translations of the same in other languages, English shall be the sole language used in the interpretation of these Conditions.


2.1 Gratuitous or reduced fare carriage
These Conditions also apply to gratuitous or reduced fare carriage except to the extent that we have provided otherwise.


2.2 Basis of carriage
The carriage of a Passenger on any flight by us is, without exception, subject to:
a.	these Conditions of Carriage as set out in your Itinerary receipt;
b.	Booking;
c.	Philippine laws, any International Convention or other laws of originating countries to the extent that it may be applicableto the journey in question;
d.	any specific directions given to a Passenger in writing by us;, and
e.	the applicable fare rules or Loyalty Program redemption rules, as applicable.

2.3 Overriding law
To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention as defined herein, where applicable, and/or any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision (s) shall not apply. The invalidity of any provision shall not affect the validity of any other provision.


2.4 Read Down
If any of these Conditions of Carriage 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 Conditions of Carriage and the other conditions will remain valid.

2.5 Cannot vary
No employee or other person is authorized to vary any of these Conditions of Carriage. However, these Conditions are subject to change without notice with the approval of the Philippine Civil Aeronautics Board (PCAB), provided that no such change shall after a ticket has been issued by us.

2.6 Conditions prevail over special procedures
If any of these Conditions of Carriage is inconsistent with any special procedures we may have, these Conditions of Carriage will prevail to the extent of the inconsistency.

2.7 Code Shares
On some services we may have commercial 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 of booking.
We operate as a low cost point-to-point carrier. We will facilitate check in and baggage handling only from one point to another. We shall not be responsible in any way for connecting flight arrangements, such as schedule changes, check in facilitation, meal or baggage handling, etc. It is purely the passenger's responsibility to allot enough time and acquire adequate information in planning your trip itinerary should you have connecting flights.

2.8 Charter operations
If carriage is performed by us under a charter agreement, these Conditions of Carriage apply except to the extent that we have provided otherwise.

2.9 Additional services or other forms of transportation
(a) 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.
(b) 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.


2.10 Preparing to travel
You alone are responsible for making all necessary arrangements for your travel and ensuring that you comply with all laws, regulations and orders of the places you will travel to, such as:
a.	finding out from relevant consulates whether you need a passport, visa or other travel document, health document or evidence of onward travel;
b.	obtaining those documents;
c.	obtaining inoculations; and
d.	finding out about dangers to your health and safety at your destination (see 3.2).
If we provide assistance for any of the above aspects of your travel, this does not release you of your responsibility in respect of these matters.

2.11 Destination - Passenger enquiries
As you are traveling internationally or domestically, you should enquire about any local issues and conditions at your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination. Travel advice can be obtained from various sources, including local governments, local consular offices, travel advisories issued by other countries to their citizens, and the website of the philtourism.com.

2.12 Travel Insurance
Because travel involves many risks, and our liability to you is limited, it is recommended that you purchase travel insurance. See Worry-Free travel insurance.

2.13 Health
2.13.1 We may refuse to carry you if we are not completely satisfied that it is safe for you to fly. Before you make a reservation you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly.
You must inform us if you:
a.	suffer from any disease which is or you believe may be actively contagious and communicable;
b.	have, because of a disease or any incapacitation, any unusual behavior or physical condition, which could have an adverse effect on the welfare and comfort of other Passengers or crew members;
c.	could pose a potential hazard to the safety of the flight or its punctuality (e.g. if there is a possibility that the flight might need to be diverted or require an unscheduled landing because of your condition); or
d.	would require medical attention and/or special equipment to maintain your health during the flight.
In all instances, we reserve the right to determine if a passenger with a medical condition is fit to fly.
We cannot provide any advice on your fitness to fly. If you propose to travel with a known, pre-existing medical condition, you should do so only on the written advice of your own medical doctor or health professional.
2.13.2 Deep vein thrombosis (DVT)
Some studies have concluded that prolonged immobility may be a risk factor in the formation of blood clots in the legs (DVT - Deep Vein Thrombosis). If you feel you may be at risk from DVT or other health problems Airphil Express recommends you consult with your doctor before travel.
2.13.3 Pregnancy
If you are pregnant: You are required to advise us of the progress of your pregnancy at the time of booking and again at the check-in counter. We reserve the right to refuse you carriage should you fail to advise us that you are pregnant.
a.	Pregnancy up to 25 weeks (inclusive):
We will accept without a doctor's certificate subject to the passenger signing a Expectant Mother’s Information Sheet (EMIS).

b.	Pregnancy between 26 weeks to 32 weeks (inclusive):

You shall submit a doctor's certificate confirming the number of weeks of pregnancy and that you are fit to travel. The said certificate shall have been issued not more than seven (7) days before the scheduled flight departure date. You will be required to sign a EMIS.
       c. 	Pregnancy 33 weeks and above:
We will refuse carriage.






Article 3
Tickets/Itinerary

3.1 Prima Facie Evidence of Contract:
	The Itinerary Receipt is prima facie evidence of the contract for carriage between passenger and us. The Itinerary and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us.

3.2 Transferability:
	The contract for carriage is only transferable as provided in these Conditions of Carriage.

3.3 Validity:
	The Itinerary is only valid for the Passenger named and the flight specified therein.
Note: We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to produce appropriate identification as defined herein at check-in or upon boarding if check-in is done via web.




Article 4
Bookings / Fares

4. BOOKINGS
4.1 When is a Booking made?
A Booking for a flight is made when recorded as accepted and confirmed by us or an Authorized Agent. Upon your request, we or an Authorized Agent will give you written confirmation of your Booking. However, you may not board that flight without having paid the relevant fare and obtaining a boarding pass by checking-in and presenting your passport (for international travel) and other necessary travel documentation.

4.2 General:
	Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. We shall not be liable to you for your failure to meet any connecting flights regardless of the cause.

4.3 Infants:
	The fees for infants under the age of two (2) years but above sixteen (16) days old on the date of travel are provided for in the  Fee Schedule . An infant may travel provided he sits on an adult's lap. Only one (1) infant is allowed for one (1) adult. No strollers or prams are allowed in the cabin of the aircraft.

4.4 Government Taxes, Charges and Insurance Surcharge:
	Any government taxes, charges or insurance surcharge imposed on air travel by the Government, relevant authority or the airport operator in respect of your use of any of our 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 government taxes, charges and insurance surcharge 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 government taxes, charges or insurance surcharge as and when they fall due prior to departure.

4.5 Currency:
	Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us.

4.6 Accuracy:
	All fares, prices, flight schedules, routes published, pre-booked products and services are correct at the time of publication and or booking and are subject to change at any time and from time to time without prior notice.
        4.7 Applicable Fares:
Applicable fares are those published by us or in our behalf, whether electronically or by way of other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated by us.

4.8 Non-refundable fares
Some fares types are non-refundable. Please refer to the applicable fare rules for more information.  The Fee Schedule shall indicate which fare classes are refundable and which are non-refundable.




Article 5
Bookings of Seats

5.1 Confirmation of Booking:
	The booking of a Seat is confirmed after full payment of the fare is made and after a booking reference and/or the Itinerary is issued to you.

5.2 Group Bookings:
	These are governed by specific terms that vary from time to time. Please contact us for further details.

5.3 Flight Change:
	Once a booking number has been issued, flight changes are subject to the following terms:

Inside of   twenty-four (24) hours prior to the scheduled flight departure time, no changes are allowed. The charges for flight change outside of twenty-four (24) hours prior to the scheduled flight departure time are provided for in the  Fee Schedule , subject to the following conditions:
a.	if a lower fare is available, the difference in fares will NOT  be refunded to the passenger;
b.	if the new flight booked is in a higher fare class than that of the canceled booked flight, the difference in fares shall be paid by the passenger before the cancellation or change can be made;
c.	the change is not confirmed until we issue you or you print a new Itinerary and/or booking number;
d.	changes on route(s) are not allowed.

5.4 Name Change:
	Once a booking number has been issued, you are NOT allowed to substitute the passenger named in the confirmed booking with another passenger   name.


5.5 Payment:
	Fares must be paid in full when a booking is made (referred to as Book-and-Buy). In the event that the fare has not been paid in full for any reason whatsoever, we reserve the right to cancel the booking prior to check-in.

  Payment must be made for:
a.	the applicable fare; and
b.	any other applicable administration fees, service charges or taxes, and other charges unless specifically advised by us.
If  the payment for your ticket was made with a credit card that is not your own, a photocopy of that credit card , duly signed and endorsed by the card owner, shall need to be presented upon check in.

5.6 Personal Data:
	You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and 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, or the providers of the services mentioned above.
You may opt to have your information removed from our database at any time by emailing a request to us.

5.7 Seating:
	We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted or is otherwise made available on the flight. You will be allocated a seat upon check-in. We reserve the right to re-assign seats at any time, including after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, and health or security reasons.

5.8 Reserved Seating Service:
	Subject to availability you may pay a fee for a reserved seating at the time of reservation or up to 24 hours prior to the scheduled time of departure for an advance seat assignment. Please refer to our fee schedule for the rates. Where a selected seat is purchased, we reserve our 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. We do not guarantee any   specific seat reassignments, whether for an aisle, window, exit row, or other type of seat. We will, however, make all reasonable efforts to honor paid seat assignments.

If at any time after successfully purchasing a reserved seat and our schedules are changed, terminated, delayed or merged due to circumstances which we reasonably consider to be beyond our control or for commercial reasons or reasons of safety, we shall at our option, either:
a.	reassign you, at our sole discretion, a seat of equivalent value on the same flight
b.	carry you on the same reserved seat on the next available flight; or
c.	carry you on an reserved seat of equivalent value on the next available flight; or

The options outlined in this Article 5.8 are the sole and exclusive remedies available to you and we shall have no further liability to you.

5.9 In-flight products:
	The provision of in-flight products, services or advertised programmes is subject to availability. In-flight products or services are non-refundable and non-transferable once purchased. We do not accept any bookings or changes to in-flight products or services within 24 hours from the scheduled flight departure time. We reserve the right, without prior notice, to amend/change the prices or substitute any component for in-flight products or services. The itinerary receipt is proof of purchase of your pre-booked in-flight products or services and must be presented to the cabin crew onboard to redeem the pre-booked in-flight products or services. All prices and/or savings quoted for your in-flight pre-booked products or services are correct at the time of booking.

5.10 Meals:
	Meal selections are subject to variation from time to time and are subject to availability. Food may contain nuts, dairy and/or gluten and or seafood. We do not accept any bookings or changes to your meal selections within 48 hours from the scheduled [for meals arranged before the flight] flight departure time. We reserve the right, without prior notice, to amend/change the prices for pre-booked meals, substitute any component of the pre-booked meal with an item of similar value subject to availability and/or aircraft suitability. The itinerary receipt is proof of purchase of your pre-booked meal and must be presented to the cabin crew onboard to redeem your pre-booked meal. All prices and/or savings quoted from your pre-booked meals are correct at the time of booking.  You may at anytime purchase meals, snacks or drinks as available on board the aircraft.




Article 6
Check-in and Other Requirements of Carriage

6.1 Check-In, Deadlines and Conditions:
	Our check-in counters are open two (2) hours before the scheduled flight departure time. The counters close forty-five (45) minutes before the scheduled flight departure time*.  It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check in without any liability to you and without having to refund to you any fare paid:
a.	if you attempt to check in inside forty-five (45) minutes* before your scheduled flight departure time;
b.	if you fail to have proper identification as defined herein or fail to identify yourself to our staff;
c.	if you fail to have the proper documents such as passports or travel cards, permits, visa, necessary for travel to a particular place or country;
d.	if you have not fully paid any fare or other fees or charges due to us;
e.	if you have been violent to our staff or caused disturbance at our counter or have abused our staff whether physically or verbally;
f.	if the Government or other authorities prohibits your checking in or boarding the aircraft;
g.	if in our judgment, you are not fit to travel due to inebriation ie., intoxication or other substance abuse,  or any obvious adverse medical condition; and/or
h.	if in our judgment, you are not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other passengers.
6.2 Self Check-in:
	We may offer a self check-in facility for selected flights. The facility is subject to specific requirements which may be viewed in detail on our website under Self Check-in.
6.3 Overbookings:
	There is a chance a seat may not be available for you on your flight even if your booking is confirmed. This is due to the common practice in the airline industry of overbooking. In the event of such unavailability of seat, we shall at our option, either:
a.	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 booking; or
b.	should you choose to travel at another time, retain the value of your fare in an electronic or paper voucher for your future travel subject to the terms and conditions of such booking; or
c.	Refund to you the full value of your fare.
6.4 Sole remedies:
	The options outlined in Article 6.1.3 (a) to (c) are the sole and exclusive remedies available to you and we shall have no further liability to you.
6.5 Boarding:
	You must be at the boarding gate at least thirty (30) minutes before the scheduled flight departure time.
6.6 No-show:
	If you fail to check in on time or fail to board the aircraft by the time the aircraft departs, the fare you paid will not be refunded to you for any reason whatsoever. Your ticket shall be forfeited.
6.7 Compliance:
	You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms & Conditions, notices and instructions given by us relating thereto. 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.
6.8 Travel Documents:
	You are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. 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.
Documents Advisory

        6.9 Domestic Routes:
Passengers are required to produce proper identification as defined herein for all domestic flights. Copies of children’s birth certificates or identity cards are required before they are allowed to board.

6.10 Refusal of Entry:
	You agree to pay the applicable fare and/or penalties or 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 a country, whether of transit or destination. In such circumstances we will not refund the fare to you.
6.11 Passenger Responsible for Fines, Detention Costs, etc.:
	If we are required to pay or deposit 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 flown from, into or over or to produce the required documents, you shall on demand reimburse to 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.
6.12 Security Inspections:
	You shall submit to any security or health checks by Government or airport officials or by us.




Article 7
Refusal and Limitation of Carriage

7.1 Right to refuse carriage:
	We may refuse carriage of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:
a.	such action is necessary for reasons of safety or security;
b.	such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over;
c.	your conduct, status, age or mental or physical condition or the physical condition of your baggage is such: (i) as to cause reasonable fear of harm, to other passengers or to our crew; or (ii) that you may pose a hazard or risk to yourself, other persons or to property;
d.	you have previously committed acts of misconduct and have been deplaned or escorted by law enforcers/authority or denied boarding on a previous flight and there is a reasonable likelihood that such conduct may be repeated;
e.	you have not followed, or are likely to fail to observe our instructions;
f.	you have refused to submit your baggage to mandatory inspection to a security check;
g.	the applicable fare or any charges or taxes payable have not been paid;
h.	the payment of your fare is fraudulent;
i.	the booking of our Seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by us;
j.	the credit card by which you paid for the fare has been reported lost or stolen;
k.	the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;
l.	the Itinerary has been altered by anyone other than us or our authorized agent, or has been mutilated (in which case we reserve the right to retain such documentation); and/or
m.	the person checking in or boarding cannot prove that he is the person named as the passenger on the Itinerary (we reserve the right to retain such Itinerary in this circumstance)
n.	if carrying you will break government laws, regulations, orders or an immigration direction from a country to which you are traveling or are to depart from;
o.	if 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;
p.	other analogous circumstances.

7.2 Unaccompanied Child:
	Children below age 8 will not be accepted for carriage unless they are with an accompanying passenger.
7.3 Unaccompanied Minors:
	Children aged 8 to 12 years of age at the time of carriage may travel unaccompanied during flight provided they are accompanied by an adult and are properly endorsed to Carrier at check-in. Provided further, that the unaccompanied children, who are traveling unaccompanied, will have an assured pick-up at the point of destination.
7.4 Passengers with reduced mobility/medical condition:
	For safety reasons, we can carry only a maximum of 4 passengers per flight who have reduced mobility provided that quadriplegic passengers are limited to not more than 2 per flight. Under certain circumstances we may require the passenger to travel with a companion.(See7.6).

Passengers with illnesses or a medical condition are required to submit a medical certificate at check in confirming that they are fit to fly. We reserve the right to determine your fitness to fly. For the safety of other passengers, we reserve the right to deny boarding to passengers suffering from infectious, contagious or chronic diseases.
7.5 	Passengers Requiring Special Assistance
	Passengers with specific requirements requiring special assistance and passengers with illnesses including those who are mentally-ill are requested to contact our call center at least 48 hours before the scheduled flight departure date to make a prior arrangement with us for the type of special assistance required. Failure to notify us will result in the service being unavailable upon your arrival at the airport and you being refused carriage. For health and safety reasons passengers with specific requirements must check-in at the airport.

7.6 Travel with a companion: We may require that you travel with a companion if:-
it is essential for safety; or
a.	the passenger is unable to assist in his own evacuation from the aircraft; or
b.	the passenger is unable to understand safety instructions
c.	Carriage of Wheelchairs - Your fully collapsible manual wheelchair may be carried in the hold at no extra charge. Carriage of wheelchairs shall be subject to such other requirements as we may implement from time to time.
In all instances, the carrier reserves the right to determine if a passenger with a medical condition is fit to fly.
7.7 Seating:
	We will make reasonable seating accommodations for Passengers with specific requirements in accordance with applicable laws. We reserve the right to re-assign seats at any time, including after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, and health or security reasons

7.8 Children and Infants less than 16 days old:
	We will not carry infants less than sixteen (16) days old..
a.	(Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if traveling unaccompanied. Under no circumstances will a child below the age of 7 years and 11 months be accepted for carriage unless traveling with an Accompanying Passenger.
b.	An infant under the age of two (2) years at the date of travel may be carried for a fee provided the infant is accommodated in the lap of an Accompanying Passenger. Only one infant is permitted per Accompanying Passenger. We reserve the right not to carry infants less than sixteen (16)  days old. No collapsible prams or strollers are permitted in the aircraft cabin. Passengers are required to bring their own baby food and baby nappies, as these are not available on board.
c.	For infants not requiring their own seat, proof of age (under 2), is required at check-in (ie passport check).
d.	If you need to use these special services you must make your Booking through the airphilexpress Call Center .





Article 8
Baggage

8.1 Baggage allowance
You may carry some Baggage free of charge provided you comply with our Baggage requirements which are set out below.
Cabin Baggage:
Each passenger (except infants not occupying an aircraft seat) is permitted 1 item of Cabin Baggage and 1 other small item (e.g. laptop, handbag, small suit-pack etc). Dimensions of the main item must not exceed 56cm (width) + 36cm (height) + 23cm (depth) or 45 linear inches.
a.	If the small item is a suit-pack, then it must be non-rigid and unfolded, and the dimensions must not exceed 60cm (width) + 114cm (height) + 11cm (depth).
b.	Total weight of all Cabin Baggage must not exceed 7kg.
c.	Each piece must be able to fit under the seat in front of you or fit in an enclosed storage compartment in the cabin of the aircraft.
d.	If any piece of baggage does not comply with any of these conditions, it must be checked in to the aircraft hold.
8.2 Checked Baggage:
	Cabin Baggage limits are strictly applied so passengers who have more Baggage than the applicable Cabin Baggage Allowance conditions and charges apply. Call airphilexpress Reservations or visit our website for more details.

 Charge for excess baggage shall apply and shall be paid for accordingly upon check in.
a.	Passengers must ensure all baggage is packed appropriately before being presented at check in.
b.	No single item may exceed 15kg in weight for A330 aircraft and 10kg in weight for flights to and from Caticlan.
c.	Bulky items (maximum 1.9 meters), including but not limited to bicycles, surfboards, skis, golf clubs, snow boards, and cots, if appropriately packed, , subject to space and weight availability and shall be assessed with appropriate fees. Please see Schedule of Fees.
8.3 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:
a.	Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
b.	Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms & Conditions and Conditions of Contract;
c.	Items the carriage of which are prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over;
d.	Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, smell, size, improper packing or character;
e.	Fragile or perishable items;
f.	Live or dead animals;
g.	Human or animal remains;
h.	Live Human Organs or tissues for transplant; (Please contact us to know our Special Handling Requirements)
i.	Fresh or frozen seafood or other meats provided that such items may be carried on board as checked luggage only if we are satisfied that they have been properly packed. Strictly only Styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. Should passengers refuse inspection, we have the right to reject admission of baggage;
j.	Weapons, Firearms and ammunition;
k.	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).
l.	Weapons such as antique firearms, swords, knives and similar items are prohibited on board. For these requirements, we recommend you contact a cargo agent or airphilexpress.
8.4 Valuable and Fragile Goods:
	Passengers are strongly advised not to check in such items as baggage. If they are checked in as baggage, passengers agree they send for carriage of such items at THEIR OWN RISK. Such items include money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like at absolutely NO LIABILITY to airphilexpress.

8.5 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. We reserve the right to search your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. If you refuse 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 fault or gross negligence.

8.6 Checked Baggage:
	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. Checked Baggage will be carried on the same aircraft as you unless we decide for safety, security or operational reasons to carry it on an alternative flight.

8.7 Excess  Baggage:
	Any passenger checking in baggage which exceeds the nominated amount or the amount purchased at time of booking will be charged on a per kg basis at the Airport Check-in counters. Please refer to our fee schedule for details on all rates. The fee is non-refundable and non-transferable. Please see our Schedule of Fees.

There is no baggage allowance for infants less than 2 years of age.
Passengers may not use the unused Checked Baggage of other passengers unless travelling on the same Itinerary. Passenger booked in the same itinerary and does not travel may not transfer their unused Checked Baggage weight to the other passenger(s) in the same Itinerary. For health and safety reasons, we will not accept any individual item for check-in exceeding 32 kg and with combined dimensions of more than 81cm height, 119cm wide and 119cm depth. This weight limit does not apply to mobility equipment.
Sporting equipment may be carried in the hold of the aircraft upon payment of the fee set out in the fee schedule and at your own risk. You are therefore, advised to purchase the necessary insurance for such items. Musical instrument which exceed our cabin baggage dimensions provided it is within 65 kg may be carried in the cabin if a seat for it has been purchased and the appropriate fare paid.

a.	Passengers who anticipate having bulky items or excess baggage should arrive at the airport to check in 2 hours prior to the scheduled departure time.
b.	 We will carry at no charge in the hold a baby’s collapsible pram or stroller(if travelling with an infant, a fully collapsible wheelchair and/or a pair of crutches and/or a walking stick and/or other prosthetic device for you if you are dependent on them.
c.	Passengers purchasing an extra seat will be entitled to  the standard  checked baggage allowance(if applicable for that fare) but no additional cabin baggage

We may refuse to carry any piece of Baggage that does not comply with the our policy. Checked Baggage will, whenever possible, be carried on the same aircraft with you, unless we decide for safety, security or operational reasons to carry it on an alternative flight.

8.8 Cabin  Baggage:
	Passengers (except infants) are allowed the following baggage: Only one (1) item of baggage is allowed to be carried on board provided that it does not exceed the dimensions of 56cm X 36cm X 23cm and provided that it does not weigh more than 7kg. Such baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board. Subject to the prevalent applicable local laws and regulations passengers may take liquids on board in their hand luggage provided they meet the following restrictions:
a.	The liquid is in a container with a maximum volume of 100ml
b.	That all liquid containers meeting the maximum volume of 100ml each can be fitted comfortably into a transparent, re-sealable 1 liter plastic bag
The plastic bag should be presented separately at security. You may be required to dispose of liquids which do not meet the above requirements.
As our liability is limited, we will not be liable for any inconvenience costs, expenses, loss or damage you suffer as a consequence of the item being damaged, delayed or lost if you have ignored our requirements and included the item/s as Checked Baggage, with or without our knowledge. Such items should be carried as Cabin Baggage, but you must still comply with all relevant weight and size limitations.

8.9 Restrictions on cabin baggage
All Cabin Baggage must comply with all applicable size and weight restrictions.  Passengers carrying hypodermic needles will need to declare them at the screening point. When possible, documentation or identification to confirm the passenger's medical condition should be submitted. Medication should have a professionally printed label identifying the medication or a manufacturers name or pharmaceutical label affixed. Please contact airphilexpress should you have a question.
We do not accept any responsibility for items which we refuse to carry and which are not carried as Checked Baggage. We will not be responsible for, or have any liability in respect of, articles removed from your Baggage by airport security personnel acting in accordance with any applicable regulations.
We shall not be responsible in the storage and safekeeping of medication brought or carried in the cabin.




Article 9
Schedules, Cancellations

9.1 Schedules:
	We will use our best efforts to avoid delay in carrying you and your baggage. We will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss incurred by passengers as a result of such change.

9.2 Cancellation, Changes of Schedules:
	At any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of maintenance, safety or commercial reasons. In the event of such flight cancellation, we shall at our option, either:
a.	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 booking; or
b.	should you choose to travel at another time,  rebook you on a future flight waiving any applicable fees and charges.
c.	Provide you a full refund.

9.3 Late or canceled flights (due to uncontrollable circumstances)
Where an uncontrollable circumstance is responsible for the delayed or cancelled flight, whether you have checked in or not, we will try to assist you to get to your destination, but will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation such as accommodations, meals, or other expenses of a personal nature. Uncontrollable circumstances include but are not limited to weather conditions at point of origin or en-route or other ports, industrial action caused by staff not directly employed by airphilexpress, air traffic control requirements/restrictions, or closure of runways.
Sole remedies: Upon the occurrence of any of the events set out in Article 9.2, the options outlined in Article 9.2 (a) to (c) are the sole and exclusive remedies available to you and we shall have no further liability to you.

9.4 Denied Boarding Compensation
a.       We shall pay to Passengers holding confirmed reservation and who have presented themselves             for carriage at the proper time and place and fully complied with our check-in and reconfirmation procedures and who are acceptable for carriage under the our Tariffs, but who have been denied boarding for unavailability of space, a compensation equivalent to the full value of your unused fare plus the amount of One Hundred Fifty Pesos (PHP150.00), Philippine Currency for domestic flights and for passengers on international flights, the full value of your unused fare but not to exceed One Thousand Five Hundred Pesos (PHP1,500.00) or its equivalent in foreign currency, plus Five Hundred Pesos (PHP500.00) or its equivalent in foreign currency. Where other amounts are prescribed by the government authorities of the country where boarding is denied by us as understood herein such other amounts shall apply.

        b.   The compensation for denied boarding due to unavailability of space shall constitute liquidated damages for damages incurred by you.

        c.   The Passenger shall, in addition to the liquidated damages, have priority of booking for the next available flight using the same Ticket for which he was denied boarding provided, however, that, incapacitated Passengers, the elderly and unaccompanied minors shall have priority over other Passengers.

. Exceptions of Eligibility:

You shall not be eligible for denied boarding compensation if:

a. the flight for which the Passenger holds confirmed reservations is unable to accommodate him because of: (1) government requisition of space; or (2) substitution of equipment of lesser capacity when required by operational and/or safety reasons and/or other causes beyond the control of the Carrier;
b. the flight is cancelled due to operational and/or safety reasons, force majeure, weather, strikes, or other causes beyond the control of the Carrier; or

c. the Carrier arranges for comparable air transportation or for other transportation which, at the time such arrangement is made, is scheduled to arrive at the place of the Passenger's next stop-over, or place of his destination not later than three hours from the scheduled arrival time on the flight where he holds a confirmed reservation.




Article 10
Conduct Aboard Aircraft

10.1 Obey directions
To maximize passenger comfort, safety and security, you must comply with the following requirements, and all other directions of any crew member on your airphilexpress flight, when on board:
a.	stow Cabin Baggage under the seat in front of you or in the stowage bins;
b.	be cautious when you open stowage bins, since Cabin Baggage may move during flight
c.	keep your seatbelt fastened at all times when seated
d.	remain seated with your seatbelt securely fastened during turbulence
e.	stay seated as directed, in particular while the aircraft is moving on the tarmac
f.	do not operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, walkie-talkies, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests in this regard, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted.
g.	do not smoke (see 10.4)
h.	if you drink alcohol, drink only alcohol served on your airphilexpress flight as part of its inflight bar service.  We prohibit the consumption of alcoholic beverage brought from outside the aircraft. We reserve the right not to serve alcoholic drinks of the situation so warrants.
i.	use infant restraints as directed, and
j.	do not behave in a manner to which other Passengers may reasonably object
k.	Passengers are not allowed to consume their own food on board.
10.2 Control of Passengers
We will take all reasonable steps to maintain the comfort, safety and security of all Passengers. If necessary, we may restrain you or remove you from any flight anywhere, for example if you:
a. conduct yourself so as to endanger the safety of the aircraft or any person or property on board
b. obstruct, or refuse to comply with any direction of, any crew member
c. behave in a manner to which other Passengers may reasonably object
d. interfere with a crew member who is performing his or her duties aboard an aircraft
e. tamper or interfere with the aircraft or its equipment
f. if we offload you, you may be refused further carriage on airphilexpress and may be prosecuted for offenses committed on board the aircraft.

10.3 Diversion costs caused by unacceptable behavior
If as a result of your behavior we divert the aircraft to an unscheduled destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion.

10.4 Smoking prohibited
Smoking is not permitted on any aircraft.




Article 11
After the Flight

11.1 Collect your Checked Baggage: You must collect your Checked Baggage as soon as it is available for collection.

11.2 If you cannot find your Checked Baggage: If you cannot find your Checked Baggage, produce your Baggage Identification Tag to us. Only the person to whom the Baggage Identification Tag was issued is entitled to collect that Baggage.

11.3 Release of Checked Baggage by us: If we have baggage you claim is yours but you do not have the Baggage Identification Tag, we will release it to you only if you:
•	produce adequate proof of entitlement to it
•	undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release, and
•	comply with any other applicable directions given to you by us.
11.4 Disposal of Baggage by us: If you do not collect your Checked Baggage and you have not claimed it within 90 Days after your flight, we will use reasonable efforts to try to contact you if your baggage can be identified as belonging to you. If we cannot identify you or contact you, we may sell or otherwise dispose of it without notifying you and without liability on our part.
We are not liable for any loss you may suffer if you leave Cabin Baggage on an aircraft when you disembark or if you leave any belongings in the airport terminal.

11.5 If you collect the wrong bag: If you pick up the wrong bag from the baggage carousel, it is your responsibility to immediately return the bag at your own cost to the baggage claims officer or airport manager at the airport where you collected it.

11.6 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 loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.

11.7 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. 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 any required documents, you shall reimburse us on demand any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.

REFUNDS
11.8 No refund
Except where required by law, or specified in these Conditions of Carriage, no refunds will be given for partly used fares. However, some changes may be permitted to the Booking provided the requisite amount of notice is given (see Fee Schedule), and a charge may be payable. Otherwise failure to travel on a Booking will result in the fare being forfeited.




Article 12
Liability Limitations

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 1999 may be applicable and the Warsaw Convention or the Montreal Convention 1999 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.
Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel vary according to the respective law.
LIMITS OF LIABILITY IN INTERNATIONAL CARRIAGE

(a) 	Carrier shall avail itself of the limitation of liability provided in the Convention. However, in accordance with Article 22 (1) of the Convention, Carrier and certain other carriers have agreed under the 1966 Montreal Inter-Carrier Agreement that as to all International Carriage by such Carriers to which the Convention applies and which according to the Contract of Carriage includes a point in the United States of America as a point of origin, a point of destination or agreed stopping place:

(1) 	the limit of liability for each Passenger for death, wounding or other bodily injury shall be the sum of US$75,000.00 inclusive of legal fees and costs except that, in the case of a claim brought in a state where provision is made for a separate award for legal fees and costs, the limit shall be the sum of US$58,000.00 exclusive of legal fees and costs;
1
2	(2) 	such carriers shall not, with respect to any claim arising out of the death, wounding or other bodily injury of a Passenger, avail themselves of any defense under Article 20(1) of the Convention.

(b) 	Nothing in the said Agreement shall be deemed to affect the rights and liabilities of such carriers with regard to any claim brought by, on behalf of, or in respect of, any person who has wilfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger


(c) 	It is understood that each of such carriers has entered into the said Agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability on any other carrier with respect to the portion of the carriage performed by such other carrier or assumed any liability with respect to the portion of the carriage performed by such other carrier.

(d) 	Pursuant to Article 22 but subject to the provisions of Article 20 of the Warsaw Convention, Carrier agrees to apply US$75,000.00 or its equivalent, inclusive of legal fees and costs, as the limit of liability for Passengers death, wounding or bodily injury, for all International Carriage performed by Carrier, including carriage which is not International Carriage as defined in the Convention, for a journey which is not to, from or with an agreed stopping place in the United States of America.

LIMITS OF LIABILITY IN DOMESTIC CARRIAGE
DOMESTIC CARRIAGE OF PERSONS

In the Domestic Carriage of persons, the liability of Carrier for death or injury of persons (including loss of earning capacity) attributable solely to the act, omission or negligence of Carrier and not due to any cause beyond the control of Carrier, shall not exceed the sum of Two Hundred Fifty Thousand Pesos (PHP250,000.00) Philippine Currency per passenger.

DOMESTIC CARRIAGE OF CHECKED BAGGAGE
In the Domestic Carriage of Checked Baggage, the liability of the Carrier for loss, damage or delay of the Checked Baggage or of any object contained therein, attributable solely to the act, omission or negligence of the Carrier and not by any cause beyond its control, is limited to the sum of Forty Pesos (PHP40.00), Philippine Currency, per kilogram, unless the Passenger has declared a higher value at the time the Checked Baggage was handed over to the Carrier and has paid a supplementary sum therefore in accordance with Carrier's Tariffs.

DOMESTIC CARRIAGE OF UNCHECKED BAGGAGE
In the case of Baggage or objects which the Passenger takes charge himself in domestic carriage, the liability of the Carrier for loss, damage or delay, in case such loss, damage or delay was caused by the act or negligence of the Carrier and not by any cause beyond its control, is limited to Four Hundred Pesos (PHP400.00), Philippine Currency, per Passenger.
Where Warsaw Convention is not applicable:
Where your carriage is not subject to the liability rules of the Warsaw Convention, the following rules shall apply:
a.	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.
b.	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.
c.	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 and Unchecked Baggage shall be limited to amount as provided for in the  Fee Schedule . 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 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.
d.	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.
e.	Except where other specific provision is made in these Terms & Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law.
f.	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, include our property.
g.	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 fragile or perishable items, items having a special value, such as money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples.
h.	We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition.
i.	The contract of carriage including these Terms & Conditions and exclusions or limits of liability, applies to our authorized agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorized agents, servants, employees and representatives shall not exceed the amount of our own liability if any.
j.	Nothing in these Terms & Conditions of the Conditions of Contract shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable laws unless otherwise expressly stated by us.

Article 13
Time Limitation on Claims and Actions



Notice of Claims:
Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of arrival 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 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.
Limitation of actions:
Any right to damages shall be extinguished if an action is not brought against us within twelve (12) months 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 law of the court where the case is heard.
14.1 Personal death or injury claims If you have a claim for personal injury or death , you or your personal representative should notify us in writing as soon as possible.

Article 14
Modification and Waiver

No agent, employee or representative of Carrier, by conduct, in writing or otherwise, has authority to alter, modify or waive any provision of these Conditions of Carriage.

Article 15
Topic Headings

Topic Headings are for ease of reference only and are not part of these Conditions of Carriage.