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Article (1) – WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
As you read these conditions, please note that:
“Company” means Yeti Airlines (See also definition for "we", "our", "ourselves" and “us”).
"We", 'our" 'ourselves" and "us" means Yeti Airlines.
"You", "your" and "yourself' means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "Passenger").
"AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places or transits on your route.
"AIRLINE DESIGNATOR CODE" means the two-characters or three letters which identify particular air carriers.
"AUTHORISED AGENT" means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services.
"BAGGAGE" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage. "BAGGAGE CHECK" means those portions of the Ticket which relate to the carriage of your Checked Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage and which is attached to the Checked Baggage.
"BOARDING PASS" means a document issued at the check-in counter after the production of a Passenger's reservation code or Itinerary and valid Travel Documents, which permits a Passenger to board the aircraft.
"CANCELLATION FEE" means the amount payable by the Passenger in the event of cancellation of the reservation.
"CHECKED BAGGAGE" means Baggage of which we take custody and for which we have issued a Baggage Check.
"CHECK-IN DEADLINE" means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.
"CONVENTION" means' whichever of the following instruments are applicable: a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention); b) the Warsaw Convention as amended at The Hague on 28 September 1955; c) the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); d) the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975); e) the Warsaw Convention as amended at The Hague and by Additional Protocol No,. 4 of Montreal (1975); f) Guadalajara supplementary Convention (1961) (Guadalajara); g) The Montreal Convention (1999).
"COUPON" means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it.
"CREW" means authorised personnel performing duties on board of the aircraft including but limited to pilots, cabin crew, technical and security staff acting within the scope of their employment. "DAMAGE" includes death, wounding, or bodily Injury to a Passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us. "DAYS" mean 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.
"ELECTRONIC COUPON" means an electronic flight coupon or other value document held in our database.
"ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, If applicable, a boarding document.
"EXTRAORDINARY CIRCUMSTANCE" means events which could not have been avoided even if all reasonable measures have been taken, such as but not limited to cases of acts of God; political instability; meteorological conditions incompatible with the operation of the flight concerned; security risks, strikes; unexpected flight safety shortcomings and air traffic management decisions which, in relation to a particular aircraft on a particular day give rise to a long delay or the cancellation of one or more flights by that aircraft. "FARE" means the price of the carriage by air from the Place of Departure to the Place of Destination. It includes base fare, taxes, charges and fees for other ancillary services.
"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 you are entitled to be carried.
"FORCE MAJEURE" means unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.
"GOVERNING LAW" shall include the laws of Nepal applicable with respect to the relationship arising from the Contract and the Government Regulations and the Conventions, each as in force from time to time. “CONTRACT” means contract of carriage as set out in the electronic ticket. "INFANT" means a child whose age is under two on the date of travel.
"ITINERARY/RECEIPT" means a document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger's name, flight information and notices.
"NOTICE OF CONTRACT TERMS INCORPORATED BY REFERENCE" means those statements contained in or delivered with your Ticket or Itinerary/Receipt identified as such and which incorporate by reference these Conditions of Carriage and Notices.
"PASSENGER" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket (See also definition for "you", "your" and "yourself");
"PASSENGER COUPON" or"PASSENGER RECEIPT" means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
"PLACE OF DEPARTURE" means the place indicated on the Itinerary and in our database as the starting point of the carriage by air. "PLACE OF DESTINATION" means the destination airport of the carriage by air indicated as such on the Itinerary and in our database.
"STOPOVER" means a scheduled stop on your journey at a point between the place of departure and the place of destination.
"TARIFF" means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.
"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case Issued by us or on our behalf, and includes the Conditions of Contract, Notices and Coupons. "UNCHECKED BAGGAGE" means any of your Baggage or personal articles brought onto the aircraft other than Checked Baggage.
Article (2) – APPLICABILITY
Except as provided in Articles 2.2, 2.4 and 2.5, our General Conditions of Carriage (Passengers and Baggage) apply only on those flights, or flight segments, where our name or Airline Designator, Code is indicated in the carrier box of the Ticket for that flight or flight segment.
2.2 CHARTER OF OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the charter agreement or the Ticket.
2.3 CODE SHARES
On some services we have arrangements with other carriers known as "Code Shares". This means that even if you have a reservation with us and hold a ticket; where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft at the time you make a reservation.
2.4 OVERRIDING LAW
These General Conditions of Carriage (Passengers and Baggage) are applicable unless they are inconsistent with our Tariffs or Governing Law in which event such Tariffs or laws shall prevail. If any provision of these General Conditions of Carriage (Passengers and Baggage) is invalid under any applicable law, the other provisions shall nevertheless remain valid. In any event, these General Conditions of Carriage (Passengers and Baggage) shall be governed by and interpreted in accordance with the laws of Nepal without regard to any conflicts of law provision that may require the application of the law of another jurisdiction, and shall be subject to the exclusive jurisdiction of the Nepalese Courts.
2.5 CONDITIONS PREVAIL OVER REGULATIONS
Except as provided in these General Conditions of Carriage (Passengers and Baggage), in the event of inconsistency between these General Conditions of Carriage (Passengers and Baggage) and any other internal company regulations we may have, dealing with particular subjects, these General Conditions of Carriage (Passengers and Baggage) shall prevail.
Article (3) – TICKETS
3.1 GENERAL PROVISIONS
3.1.1 We will provide carriage only to the Passenger named in the Ticket, and you are required to produce appropriate identification.
3.1.2 Generally a Ticket is not transferable. However, subject to the payment of a fee as specified in our Tariff, the name of the passenger to be carried may be changed and/or the ticket may be upgraded to a higher fare subject to availability.
3.1.3 Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.
3.1 .4 If you have a Ticket, as described in 3.1.3 above, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and furnish evidence of such Force Majeure, we will provide you with a refund of the refundable amount of the fare
3.1.5 The Ticket is and remains at all times the property of the issuing carrier.
3.1.6 Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. In addition, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorised Agent. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide a proof of identity and a valid Electronic Ticket has been duly issued in your name.
3.1.7(a) In case of loss or mutilation of a Ticket (or part of it) by you or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons upon your request we will replace such Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us for misuse of the Ticket. We will not claim reimbursement from you for any such losses which result from our own negligence.
3.1.7(b) Where such evidence is not available or you do not sign such an agreement, we may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.
3.1.8 A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.2 PERIOD OF VALIDITY
3.2.1 Except as otherwise provided in the Ticket these Conditions, or in applicable Tariffs, (which may limit the validity of a ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for: (a) one year from the date of issue; or (b) subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.
3.2.2 When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations we are unable to confirm a reservation, the validity of such Ticket will be extended, or you may be entitled to a refund in accordance with Article 10.
3.2.3 If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket, the electronic coupon, involve one or more Stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you. We reserve the right to check the authenticity of any certificates presented to us in support of requests to extend the validity of a ticket and to refuse to grant such an extension if there is reasonable doubt as to the bona fides of any certificates provided.
3.2.4 In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger's Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of the death.
3.3 COUPON SEQUENCE AND USE
3.3.1 The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket. It forms an essential part of our contract with you. The Ticket will not be honoured and will lose its validity if not used in the sequence provided In the Ticket.
3.3.2 Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
3.3.3 Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation.
3.3.4 Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
3.3.5 Each Flight Coupon contained in your Ticket will be accepted for transportation in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested. 3.3.6 Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
3.4 NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown in the first flight segment in the Itinerary Receipt.
Article (4) – FARES, TAXES, FEES AND CHARGES
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may impact the fare to be paid.
4.2 TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, you will be obliged to pay it.
Fares, taxes, fees and charges are payable in the confirmed booking currency, unless another currency is indicated by us or our Authorised Agent, at or before the time payment is made. Foreign currency transactions are regulated by Central Bank of Nepal. For payments in currency other than the Nepalese currency, regulations of Central Bank of Nepal shall prevail.
Article (5) – RESERVATIONS
5.1 RESERVATION REQUIREMENTS
5.1.1 We or our Authorised Agent will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).
5.1.2 Certain fares have conditions which limit or exclude your right to change or cancel reservations.
5.2 TICKETING TIME LIMITS
If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorised Agent, we may cancel your reservation.
5.3 PERSONAL DATA
You recognise that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other Carriers or the providers of the above-mentioned services.
We will endeavour to honour advance seating requests, however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
5.5 RECONFIRMATION OF RESERVATIONS
Onward or return reservations may be subject to the requirement to reconfirm the reservations within specified time limits. We will advise you when we require reconfirmation, and how and where it should be done. If it is required and you fail to reconfirm, we may cancel your onward or return reservations. However, if you advise us you still wish to travel, and there is space on the flight, we will reinstate your reservations and transport you. If there is no space on the flight we will use reasonable efforts to transport you to your next or final destination.
5.6 CANCELLATION OF ONWARD RESERVATIONS
Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
Article (6) – CHECK-IN AND BOARDING
6.1 Check-in Deadlines are different at every airport and it shall be as indicated in the Itinerary. We recommend that you inform yourself about these Check-in Deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. We or our Authorised Agents will advise you of the Check-in Deadline for your first flightwith us. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be found in our timetable, or may be obtained from us or our Authorised Agents.
6.2 You will be required to prove your identity, present your reservation code and valid Travel Documents during check-in. Upon failure to do so, we may refuse your carriage.
6.3 You must be present at the boarding gate not later than the time specified by us when you check-in.
6.4 We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
6.5 We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
Article (7) – REFUSAL AND LIMITATION OF CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. In this circumstance you will be entitled to a refund. We may also refuse to carry you or your Baggage if one or more of the following have occurred or we reasonably believe may occur:
7.1.1 such action is necessary in order to comply with any applicable laws, regulations, or directives;
7.1.2 the carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew;
7.1.3 your age, mental or physical state, including your impairment from alcohol or drugs, presents a hazard, discomfort or risk to yourself, to passengers, to crew, or to property;
7.1.4 you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
7.1.5 you have refused to submit to a security check; 7.1.6 you fail to present a medical certificate; 7.1.7 your physical state requires us to adjust our seats which we may not be able to do;
7.1.8 you have not paid the applicable fare, taxes, fees or charges;
7.1.9 you owe us any money in respect of a previous flight.
7.1.10 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;
7.1.11 you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorised Agent, or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the Ticket;
7.1.12 you have failed to comply with the requirements set forth in Article 3.3 above concerning coupon sequence and use, or you present a Ticket which has been issued or altered in any way, other than by us or our Authorised Agent, or the Ticket is mutilated;
7.1.13 you cannot prove that you are the person named in the reservation; especially if the name in the reservation is not identical to the name in the Travel Document you provide at the airport.
7.1.14 you need special assistance that we are unable to provide or would incur disproportionately high expenditure.
7.1.15 you fail to observe our instructions with respect to safety or security.
7.2 SPECIAL ASSISTANCE
7.2.1 Acceptance for carriage of unaccompanied children, passengers with reduced mobility, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
7.2.2 We offer special assistance for children travelling by themselves. This service is offered to passengers aged between 2 to under 16 years of age, if an adult aged 16 years and above is not travelling with them on the same flight. Children under the age of 2 are not allowed to travel alone. This service is mandatory for unaccompanied children aged 2 and under 12 years, and is optional for those aged 12 to under 16 years old. You should inform yourself of what this special assistance to unaccompanied children includes. Details of this assistance can be obtained from the Company upon request.
7.2.3 Pregnant women shall not travel with us after the 32nd week of pregnancy. Women who are over their 28th week of pregnancy can travel only on the condition that they obtain a medical certificate approving their fitness to travel by air.
Article (8) - BAGGAGE
8.1 FREE BAGGAGE ALLOWANCE You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us or our Authorised Agents and are specified on the E-Ticket.
8.2 EXCESS BAGGAGE You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request and are available at our Airport Offices.
8.3 ITEMS UNACCEPTABLE AS BAGGAGE
8.3.1 You must not include in your Baggage:
220.127.116.11 items which are likely to endanger the aircraft, or persons or property on board the aircraft, such as those specified in the international Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);
18.104.22.168 items the carriage of which is prohibited by the applicable laws, regulations or directives issued by concerned authorities of Nepal;
22.214.171.124 items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape, character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.
8.3.2 Firearms and ammunition are prohibited from carriage as Cabin/Hand Baggage. Authorized firearms and ammunition may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in
8.3.3 Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted the cabin of the aircraft. 8.3.4 You must not include in Checked Baggage, money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
8.3.5 If, despite being prohibited, any items referred to in 8.3.1, 8.3.2 and 8.3.4 are Included in your Baggage, we shall not be responsible for any loss or damage to such items.
8.4 RIGHT TO REFUSE BAGGAGE
8.4.1 Subject to paragraph 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in 8.3.1 and we may refuse further carriage of any such items upon discovery.
8.4.2 We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
8.4.3 We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
8.5 RIGHT OF SEARCH For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage by duly authorised personnel. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any Item described in 8.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 8.3.2 or 8.3.3, If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or scan causes Damage to you or an x-ray or scan causes damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.
8.6 CHECKED BAGGAGE
8.6.1 Upon delivery to us of your Baggage which you wish to check in we will take custody of the same and issue a Baggage Identification Tag for each piece of your Checked Baggage.
8.6.2 Checked Baggage must have your name or other personal identification affixed to it.
8.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs or security clearance.
8.7 UNCHECKED BAGGAGE
8.7.1 We may specify maximum dimensions and/or weight for Baggage which you carry on to the aircraft. If we have not done so, Baggage which you carry on to the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.
8.7.2 Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service. 8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.8.1 Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within one (1) month of the time it is made available, we may dispose of it without any liability to you.
8.8.2 Only the bearer of the Baggage Check and Baggage identification Tag is entitled to delivery of the Checked Baggage.
8.8.3 If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
8.9 ANIMALS If we agree to carry your animals they will be carried subject to the following conditions:
8.9.1 You must ensure that animals such as dogs, cats, household birds and other pets, are properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit failing which, they will 'not be accepted for carriage. Such carriage may be subject to additional conditions specified by us, which are available on request.
8.9.2 If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable rate.
8.9.3 Guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free baggage allowance, subject to conditions specified by us, which are available on request.
8.9.4 Where carriage is not subject to the liability rules of the Convention, we are not responsible for injury to or loss, sickness or death of an animal which we have agreed to carry unless we have been negligent.
8.9.5 We will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal's entry into or passage through any country, state or territory and the person carrying the animal must reimburse us for any fines, costs, losses or liabilities reasonably imposed or incurred by us as a result.
Article (9) – SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS
9.1.1 The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us. 9.1.2 Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with your telephone contact information, we will endeavour to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 10.2.
9.2 CANCELLATION, REROUTING, DELAYS, ETC.
9.2.1 We will take all necessary measures to avoid delay in carrying you and your baggage. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
9.2.2 If we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover destination, or cause you to miss a domestic connecting flight within Nepal on which you hold a confirmed reservation, we shall, at your option, either;
126.96.36.199 carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or 188.8.131.52 within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of transportation without additional charge. If the fare and charges for the revised routing are lower than what you have paid, we shall refund the difference; or 184.108.40.206 make a refund in accordance with the provisions of Article 10.2.
9.2.3 Upon the occurrence of any of the events set out in Article 9.2.2 the options outlined in Article 220.127.116.11 through 18.104.22.168 are the sole and exclusive remedies available to you and we shall have no further liability to you.
Article (10) – REFUNDS
10.1 We will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, as follows:
10.1.1 Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket or, to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.
10.1.2 if a Ticket has been paid for by a person other than the Passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order.
10.1.3 Refunds will be conditional upon provision of proof of identity.
10.2 INVOLUNTARY REFUNDS
10.2.1 If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a domestic connecting flight within Nepal on which you hold a reservation, the amount of the refund shall be:
10.2.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid;
10.2.1.2 if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.
10.3 VOLUNTARY REFUNDS
10.3.1 if you are entitled to a refund of your Ticket for reasons other than those set out in 10.2, the amount of the refund shall be:
10.3.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
10.3.1.2 if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travels between the points for which the Ticket has been used less any reasonable service charges or cancellation fees.
10.4 REFUND ON LOST TICKET
10.4.1 If you lose your Ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, a refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition:
10.4.1.1 that the lost Ticket, or portion of it, has not been used, previously refunded or replaced,(except where the use, refund or replacement, by or to a third. party resulted from our own negligence);
10.4.1.2 that the person to whom the refund is Made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from our own negligence).
10.4.2 If we or our Authorised Agent lose the Ticket or portion of it, the loss shall be our responsibility.
10.5 RIGHT TO REFUSE REFUND We may refuse a refund where application is made after the expiry of the validity of the Ticket.
10.6 CURRENCY We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket. Foreign Currency transactions are regulated by Central Bank of Nepal and this provision may change should there be any amendment in policy/guidelines of the Central Bank. 10.7 BY WHOM TICKET REFUNDABLE Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its agent if so authorised.
Article (11) - CONDUCT ABOARD AIRCRAFT
If, in our reasonable opinion, you conduct. yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including, but not limited to, those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, hazard, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct; including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.
11.2 ELECTRIC DEVICES
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipments, including, but not limited to, cellular, telephones, laptop, notepad and other types of computers, portable recorders, portable radios, CD players, electronic games or any kind of Radio Frequency emitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
Article (12) – ARRANGEMENT FOR ADDITIONAL SERVICES
12.1 If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or Services (other than carriage by air) provided by a third party, such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.
Article (13) – ADMINISTRATIVE FORMALITIES
13.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
13.1.2 We shall not be, liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2 TRAVEL DOCUMENTS Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not compiled with these requirements, or your travel documents do not appear to be in order.
13.3 REFUSAL OF ENTRY If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC. If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.
13.5 CUSTOMS INSPECTION If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement. 13.6 SECURITY INSPECTION You shall submit to any security checks by Governments, airport officials, Carriers or by us.
Article (14) – SUCCESSIVE CARRIAGE
Any carriage performed by us under any ticket issued by us or on our behalf shall be exclusively domestic carriage within Nepal. For the avoidance of any doubt we do not agree and expressly refute that any carriage performed by us shall constitute successive carriage as defined in the Convention.
Article (15) – LIABILITY FOR DAMAGE
15.1 The liability of Yeti Airlines will be determined by these General Conditions of Carriage (Passengers and Baggage) and any other tariff or regulations which may be in force. Our liability provisions are as follows:
15.1.1 We do not perform international carriage and so our liability is not subject to the liability rules of the Convention.
15.1.2 The following rules in these General Conditions of Carriage (Passengers and Baggage) shall apply to all carriage performed by us:
(a) We will not be liable for death, wounding or bodily injury sustained by passengers during flight or during the course of embarkation or disembarkation unless such death, wounding or bodily injury was caused by our negligence. In any event our liability for such death, wounding or bodily injury shall be limited to the equivalent of United States Dollars Twenty Thousand (USD 20,000) in local currency per passenger.
(b) We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
(c) 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.
(d) We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.
(e) We will be liable only for Damage to Checked or Unchecked Baggage occurring on board or during loading, unloading, embarkation or disembarkation of the aircraft on flights which we perform and then only if such Damage was caused by our negligence. If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier.
(f) Our liability in the case of Damage to Checked Baggage shall be limited to the equivalent of United States Dollars 20 (USD 20) per kilogram in local currency and shall be limited to a maximum of the equivalent of United States Dollars 5,000 (USD 5,000) in local currency per passenger. In the case of Damage to Unchecked Baggage shall be limited to United States Dollars 400 (USD 400) per passenger. If the weight of the Baggage is not recorded on the Baggage Check, it is deemed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned.
(g) Except where other specific provision is made in these General Conditions of Carriage (Passengers and Baggage), we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with Nepalese law.
(h) We are not liable for any Damage caused by you or your Baggage. You shall be responsible for any Damage caused by you or your Baggage to other persons or property, including our property.
(i) We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under 8.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, person electronic devices, negotiable papers, securities, or other valuables, business documents, Citizenship certificate, passports, any other identification or travel documents, pieces of art and fine arts, medicine, liquids, keys or samples.
(j) The contract of carriage, including these General Conditions of Carriage (Passengers and Baggage) and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
(k) Subject to the provisions of articles 15.1.2(a), (e) and (f), and unless applicable law otherwise requires, we shall be under no liability to passengers for any loss or injury they sustain or which is sustained to their Checked or Unchecked Baggage. Carriage by us is conditional upon the passengers or their representatives and dependents renouncing all claims for compensation for death or injury, loss damage, or delay (subject to article 10 of these General Conditions of Carriage (Passengers and Baggage) howsoever caused whether directly or indirectly to the