Conditions of Carriage

• the conditions in your Ticket
• applicable Tariffs
• these Conditions of Carriage and
• our Regulations

• the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention)
• the Warsaw Convention as amended at The Hague on 28 September 1955
• the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975)
• the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975)
• the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975)
• the Guadalajara Supplementary Convention (1961).

7.6 On board services
Due to the nature of air transport, we cannot commit to the provision or availability or suitability of in flight entertainment (such as but not only movies, video, audio, video on demand, interactivity or reading material), meals, alcohol, special meals or any particular type of meals or the availability of special in-flight services such as duty free sales, telephony, computer or internet connections. Such facilities and services do not form part of our commitment to you, whether you fly on our flights or those of other carriers arranged by us such as code share, wet lease, feeder flights or connections flights. To the extent we provide such on board services, we do not warranty that such on board services will always be available or in good working condition. To the extent that they are available, they may be charged for separately. To the extent we provide such on board services, we need to take the requirements and desires of a diverse and dissimilar population into account and we do not warranty that such on board services will be to your liking, sensitivity or taste. Further we reserve the right to change, add, reduce or eliminate such on board services without prior notice. While we cannot commit to the provision of special meals, it would be helpful if you would request such special meals at least 48 hours prior to scheduled time of departure.
7.7 Ground services
For operational reasons, we cannot make any guarantees about the provision/availability of ground services including, but not limited to, complementary transfer services, fast track check-in services, fast track offload of Checked Baggage, lounges and the facilities available therein (such as, but not limited to, access for incapacitated persons, or persons with limited mobility, food, special food and refreshments). Additionally, the fact that some services are provided by third parties to our order means that, despite use of our reasonable endeavours, it is not possible for us to guarantee that they will always conform to their exact description.

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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 also available from our offices at Ben Gurion International Airport, Box 41, 70100 Israel, for attention Manager Customer Services. For your convenience, our policy with respect to hand and cabin baggage and checked baggage is fully set out in your Ticket. For details regarding the baggage policy of other transporting airlines, please obtain from the airline concerned or its agent.
 
8.2 Excess baggage
You will be required to pay an extra charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request and are also available from our offices at Ben Gurion International Airport, Box 41, 70100 Israel, for attention Manager Customer Services.
8.3 Items unacceptable as baggage
8.3.1 You must not include in your Baggage items which do not constitute Baggage as defined in Article 1 of these Conditions of Carriage, including in particular:
(a) items which are likely to endanger the aircraft or persons or property on board the aircraft, such as explosives, compressed gases, oxidizing radio-active or magnetized materials, materials that are easily ignited, poisonous, offensive or irritating substances, liquids, or 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);
(b) items the possession or carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
(c) items which are considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. We reserve the sole and absolute right to determine whether an item is unacceptable at all or whether it may be accepted but as Checked Baggage only. Information about unacceptable items is available upon request.
(d) security authorities at the airport of departure in most countries will limit you to a very small quantity of liquids, aerosols and gels in containers (usually not exceeding 100ml) for carriage in cabin/hand baggage.  These allowances are sometimes changed by security authorities and it is your responsibility to check for the latest regulations before you commence your journey.
8.3.2 Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed, and accompanied by all documents legally required by the country of departure, destination and any Stopovers. Carriage of ammunition is subject to ICAO and IATA regulations as specified in  paragraph 8.3.1(a).
8.3.3 Weapons such as antique firearms, swords, knives, toy or replica guns, bows and arrows and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.
8.3.4 You must not include in Checked Baggage:
(a) fragile or perishable items;
(b) valuable items (including, but not limited to, money, jewellery, precious metals, computers unless security personnel require that your lap computer be included in the Checked Baggage and you make a special declaration of value in accordance with clause 15.3.7,  personal electronic devices);
(c) any medication or medical equipment which may be required in-flight or during your trip or which cannot be promptly or easily replaced if lost or damaged;
(d) house or car keys; unless security personnel require that keys with electronic control be included in the Checked Baggage and you make a special declaration of value in accordance with clause 15.3.7.
(e) valuable documents (including, but not limited to, business documents, passports and other identification documents, negotiable papers, securities, deeds); or
(f) samples.
If an item of Unchecked Baggage is required, for any reason, to become Checked Baggage, you must remove all items of the type just mentioned beforehand.
8.3.5 You must disclose to our staff at check-in that you are carrying any item referred to in Article 8.3.
8.3.6 We bring to your attention that government authorities in many countries have issued lists of articles (a) permitted in carry-on baggage, (b)  which passengers are not permitted to carry into the security restricted area of the airport and the cabin of passenger aircraft and (c)  which shall not be placed in the hold of passenger aircraft. You should be aware that the lists may be changed from time to time and at any time by authorities worldwide.  In particular, please be aware of directions published by the Transport Security Administration of the United States of America and on the regulations of the European Commission. Please note those articles which are not permitted in the cabin and those articles which are not permitted in the hold.
For the latest USA requirements, go to "TSA" on the internet and on the first page enter: "View our Permitted & Prohibited Items".
For the latest EU rules on liquids, please go to http://ec.europa./eu/transport/airportal/security/rules_liquids/index_en.htm and enter "new EU security rules at airports". On the same page, you should also enter and read the press releases and the memo.
8.3.7 Different countries have different requirements and requirements change at any time and from time to time. It is your responsibility to familiarise yourself with the requirements relating to permitted and prohibited items of the country or countries of your destination.
8.3.8 In the event a security officer identifies a prohibited item in your baggage, you will be required to either check that item with your checked baggage, or dispose of it at the checkpoint.
8.3.9 We are not responsible for losses, discomfort or expenses you may incur if security personnel confiscate any of your items.

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8.4 Right to refuse carriage
8.4.1 If you do not have the appropriate documentation which may be required by law or specified by the International Civil Aviation Organization or by the International Air Transport Association's Dangerous Goods Regulation for the items listed in Articles 8.3.1 to 8.3.6, we will refuse to carry the items.
8.4.2 Subject to paragraphs 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in Article 8.3, and we may refuse further carriage of any such items upon discovery.
8.4.3 If we discover you are carrying an unacceptable item which you have not disclosed, we will refuse to carry such item/s and may decide to refuse you carriage. We will be entitled to bring your attempt to carry an unacceptable item to the attention of the appropriate authorities.
8.4.4 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.
8.4.5 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 container unacceptable to us is available upon request.
8.5 Right of search
For reasons of safety and security we or security authorities may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. With respect to a search of your person, please be aware that security authorities are entitled to conduct intensive personal searches and we have no responsibility for any embarrassment or discomfort caused, or should the length of time taken by the security authorities to conduct their search and make their inquiries cause you to miss your flight. We refer you to Article 6.1 regarding check-in times. With respect to your Baggage, if you are not available or present, your Baggage may be opened and searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in paragraph 8.3.1 or any firearms, ammunition, weapons or similar items which have not been presented to us in accordance with paragraphs 8.3.2, 8.3.3 or 8.3.7. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. Please be aware that, in your absence, security authorities (such as, but not limited to, the USA Transport Security Administration and Israeli security personnel) are entitled to open and check your Baggage. If you decide to lock your Checked Baggage, neither us nor the security authorities are liable for damage caused to locked baggage that must be opened for security purposes. In the event a search or scan causes Damage to you, or a search, 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 we will take custody of, 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. If baggage has no name, initials or other personal identification, we may affix such identification to the baggage prior to acceptance thereof.
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 clearance.
 
8.6.4 You must ensure that your Checked Baggage is sufficiently robust and well secured to withstand the usual and normal rigours of carriage by air without sustaining damage (except for fair wear and tear).
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 onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, 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 paragraph 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 an extra charge for this service.
8.7.3 You are required to remove your Unchecked Baggage or other individual items when disembarking. Should you not remove same while disembarking, we may charge you a storage fee. Should your Unchecked Baggage not be claimed within three (3) months of your disembarking, we may dispose of it without any liability to you.
8.8 Collection and delivery of checked baggage
8.8.1 Subject to paragraph 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 three (3) months 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.  We cannot take responsibility for ensuring that the bearer of the Baggage Check is entitled to delivery.
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 receive the Baggage and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which we may incur as a result of such delivery.
8.8.4 Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery shall be prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage.
8.9 Animals
With the exception of guide dogs, we are not obliged to carry animals on board our aircraft. If we agree to carry your animals they will be carried as Checked Baggage subject to the following conditions:
8.9.1 You must ensure that animals such as dogs, cats, household birds and other pets, are properly, adequately and securely crated in accordance with all applicable legal requirements and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit and any other document required in accordance with applicable legal requirements failing which, they will not be accepted by us for carriage.  You are responsible for providing sufficient food for your animal for the journey including additional amounts of food to cover reasonable delays.  Such carriage may be subject to additional conditions specified by us, which are available on request.
8.9.2 If accepted as for carriage as Checked 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 and/or by law, which are available on request.
8.9.4 We reserve the right to refuse carriage of a guide dog for safety reasons, or if it appears that it may have a communicable disease or could have an adverse effect on the welfare or comfort or crew or passengers, or is considered to be a potential safety hazard or may cause the flight to be diverted or perform an unscheduled stop.
8.9.5 The carriage of your animal is at your sole risk.  Acceptance for carriage of animals is subject to the condition that you assume full responsibility for such animal.  Where carriage is not subject to the liability rules of either the Warsaw Convention or the Montreal Convention, we are not responsible for injury to or loss, sickness or death of your animal which we have agreed to carry unless we have been negligent. Reasonable delays, additional Stopovers or unscheduled landings shall not constitute negligence on our part.
 
8.9.6 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 on or incurred by us as a result together with a reasonable administration fee (which in our case will be no less than $100 or the equivalent amount in the currency used to purchase the Ticket or used to pay for the carriage of the animal, as the case may be).
8.9.7 You must check the conditions and requirements governing the carriage of animals of any other Carriers involved in your journey with those Carriers.
8.10 Plants and Plant Products
In most countries, the import and export of plants and plant products including non-commercial imports in your baggage such as, but not limited to, individual items of fruit or vegetables is not allowed. The aim is to prevent the entry of pests and plant diseases that might cause serious damage to local free-growing flora and agriculture. Please be aware that the import of plants and plant products without prior authorization is forbidden by law. You should be aware that the repercussions for Passengers who violate laws, rules or regulations governing the import of plants and plant products can be substantial and severe and may include fines imposed by applicable authorities and/or prosecution on criminal charges. For USA regulations, please go to CBP on the internet, click on Travel, click on Clearing CBP and click on "Bringing Agricultural Products into the United States."
(http://www.cbp.gov/xp/cgov/travel/clearing_goods/agri_prod_inus/xml).

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9. SCHEDULES, DELAYS AND CANCELLATION OF FLIGHTS

9.1 Schedules
9.1.1 The flight times shown in our 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. Further, we reserve the right to alter or add a Stopover to any flight. This may be necessary for operational, safety, security or other reasonable reason. We will not be liable for errors or omissions in timetables or other publications or schedules or in statements or representations made by our employees, agents or representatives as to the dates or times of departure or arrival or as to the operation of any flight.
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 or our Authorized Agent with contact information, we or they 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 and denied boarding compensation
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 unusual circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
9.2.2 Except as otherwise provided by the Warsaw Convention or the Montreal Convention, 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 connecting flight with us on which you hold a confirmed reservation we shall, in agreement with the Passenger, 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 Ticket; or
(b) 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
(c) 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 paragraph 9.2.2, except as otherwise provided by the Warsaw convention or the Montreal Convention, the options outlined in paragraphs 9.2.2(a) through 9.2.2(c) are the sole and exclusive remedies available to you and we shall have no further liability to you.
9.2.4 If we are unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding in accordance with applicable law and our denied boarding compensation policy.

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10. REFUNDS

10.1 Refunds - General
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 or entity such as your credit card company 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 or entity 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 or entity who paid for the Ticket, or to that person’s order.
10.1.3 Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons and only in the amount actually paid for the Ticket.  This requirement will not apply to an Electronic Ticket.
10.1.4 Applicable taxes, fees and charges paid at the time of issue of your Ticket will be included in fare refunds pursuant to Articles 10.2, 10.3 and 10.4, where appropriate.
10.1.5 All refunds are conditional of receipt by us of proof that you are the person named in the Ticket or the person entitled to receive a refund.
10.1.6 Where Tariff conditions do not limit the period within which you may apply for a refund, your right to a refund must be exercised  by you within 5 (five) years of first date of travel specified in your Ticket.
10.2 Involuntary refunds
10.2.1 If we cancel a flight, make a significant change to a flight time which is not acceptable to you, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight in circumstances where you hold a confirmed reservation and adequate time existed to make the connection between the originally scheduled time of arrival of your flight and the departure time of the connecting flight, or exercise our right under Article 7 to refuse carriage, the amount of the refund shall be:
(a) if no portion of the Ticket has been used, an amount equal to the fare paid;
(b) 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.
10.2.2 If your carriage is prematurely terminated by us pursuant to Article 11.3 because of your breach of duty in relation to your conduct aboard aircraft, the amount of your refund will be calculated according to paragraph 10.2.1(b), except that no refund will be given in respect of the flight during which your breach of duty occurred. Additionally, we shall be entitled to deduct from any refund due to you an administration fee of no less than US$50 (or the equivalent amount in the currency used to purchase the Ticket) as well as any costs due for reimbursement by you under Article 11.3.
10.3 Voluntary refunds
If you are entitled to a refund of your Ticket for reasons other than those set out in Article 10.2, the amount of the refund shall be:
10.3.1 if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
10.3.2 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 travel 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 of no less than US$50 (or the equivalent amount in the currency used to purchase the Ticket), refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition:
(a) 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);
(b) 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 and the amounts due under paragraph 3.1.7(c) 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). Where the lost Ticket or any portion of it is subsequently used by you, your obligation to reimburse will also include our costs and expenses (including legal fees and expenses) of locating/notifying you and enforcing the agreement together with a reasonable administration fee of no less than US$100 (or the equivalent amount in the same currency used to purchase the Ticket).
10.4.2 If we or our Authorized Agent lose the Ticket or portion of it, the loss shall be our responsibility.

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10.5 Right to refuse refund
10.5.1 We may refuse a refund where application is made after the expiry of the validity of the Ticket.
10.5.2 We may refuse a refund on a Ticket which has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you establish to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport.
10.6 Currency
Subject to the foregoing provision, we reserve the right to make refunds in the currency of the country where the Ticket was purchased or where the refund is being made, in an amount equivalent to the amount due in the currency originally collected. All refunds will be subject to government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and the country in which the refund is being made.
10.7 By whom Ticket refundable
Voluntary refunds will be made only at the location where the Ticket was originally issued and in the currency in which the Ticket was originally purchased. Refunds will be made by the carrier which originally issued the Ticket or by its agent who originally issued the Ticket if so authorised.
10.8 Bonus Ticket
Should you have been issued a bonus Ticket including “frequent traveller” or other non-revenue Ticket including tour guide (TG), agent discount (AD) or industry discount (ID), the rules governing the issue of such bonus or non-revenue Ticket shall prevail over the provisions of this Article 10.
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11. CONDUCT ABOARD AIRCRAFT

11.1 General
At all times while engaged in carriage aboard aircraft, including before take of, during a Stopover and after landing and any of the operations of check-in,  embarkation and disembarkation, you will behave in a manner not likely to:
11.1.1 contravene the laws of any state which has jurisdiction over the aircraft (you may be prosecuted for offences committed before take off, on board the aircraft or after the landing  of aircraft);
11.1.2 endanger, or threaten (whether by hoax, threats or otherwise) the aircraft or any person or property;
11.1.3 injure or assault any person, intimidate, interfere with, threaten, abuse or insult other Passengers or members of the crew or any other person, cause the loss of or damage to property, or prejudice the health of, or cause distress, discomfort or unnecessary inconvenience including behaving in a manner or using language which may be described as sexual harassment to any Passenger or crew member or other person or to which other Passengers may reasonably object or have objected;
11.1.4 obstruct, hinder or interfere with any authorized person or the crew in the performance of their duties;
11.1.5 contravene any instruction or direction of any authorized person or the crew - whether oral or by notice - issued for the purpose of securing the safety of the aircraft and of persons or property and/or the comfort or convenience of Passengers, including, but not limited to, instructions concerning security, seating, seat belt, the placing of unchecked baggage, standing when instructed to remain seated, smoking, consumption of alcohol or use of drugs, use of electronic equipment including, but not limited to, mobile/cellular telephones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices such as radio controlled toys and walkie talkies.
11.2 On board alcohol and drugs
11.2.1 For safety reasons, consumption of alcohol by Passengers is restricted to alcohol served by us, with the result that alcohol purchased by Passengers as duty free purchases aboard the aircraft or brought aboard the aircraft by Passengers cannot be consumed aboard our aircraft.
11.2.2 The consumption of alcohol in amounts which will affect your physical or mental state is strictly forbidden and we are entitled, in our sole discretion, to refuse to serve you alcohol.
11.2.3 The possession, carriage, consumption or use of drugs on board our aircraft is strictly forbidden.
11.3 Breach of duty
If, in our reasonable opinion, you fail wholly or partially to observe any of the duties placed on you by Articles 11.1 and 11.2:
11.3.1 we may report the matter to any relevant police or other enforcement authority with the view to the competent judicial authority prosecuting you for any criminal offences you might have committed;
11.3.2 we may take such measures as we consider necessary to prevent the continuation or repetition of such conduct including, but not limited to, physical restraint and/or handcuffing you and/or removal of you from the aircraft and/or refusal to carry you for the remaining sectors of the journey shown on your Ticket after a Stopover (whether made for the purpose of removing you from the aircraft or otherwise) or unscheduled landing made for the express purpose of removing you from the aircraft;
11.3.3 we may decide to refuse to carry you at any time in the future and Article 7.3 will apply; and
11.3.4 you will reimburse us any charges and expenses we reasonably incur together with interest at 8% per annum (for US Dollars and a reasonable equivalent interest rate for costs incurred in other currencies) in order to:
(a) repair or replace property lost, damaged or destroyed by you;
(b) compensate any Passenger, crew member or other person affected by your actions;
(c) delay or cancel a flight to permit police searches of the aircraft necessitated by your actions;
(d) divert the aircraft for the purpose of removing you from the aircraft;
(e) reimburse us costs such as travel, accommodation and per diem and salaries of crew members and staff made available to reporting the matter to the relevant police or other enforcement authority or to any competent judicial authority to assist with their inquiries or as witnesses; and
(f) repay us for any fines or penalties we are required to pay on your behalf or to reimburse us for any other losses or expenses suffered by us attributable to your acts.
11.3.5 We will be entitled to provide personal data about you to any other Passenger or crew member or other person or competent authority who has requested such personal data from us in order to institute civil or criminal proceedings against you for damages caused by your behaviour or to prosecute criminal charges.
11.4 Repercussions
The travelling public and crew members are entitled to a safe environment when aboard an aircraft. You should be aware that the repercussions for Passengers who engage in unruly behaviour or other failure or breach of duty under Articles 11.1 and 11.2 can be substantial and severe. Such repercussions may include fines imposed by the applicable aviation authority and/or prosecution on criminal charges (which may result in fines and/or imprisonment), as well as liability for payment of compensation or damages to us, other Passengers or crew members or other persons.

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12. ARRANGEMENTS FOR OTHER SERVICES

12.1 If, at your request and for your convenience, we make arrangements for you with any third party to provide any services other than carriage by air on the scheduled services of International Carriers, or if we issue a Ticket or voucher relating to transportation or services (other than carriage by air on the scheduled services of International Carriers) provided by a third party including hotel, train, sea, tour or entertainment  reservations or car rental, in doing so we act only as your agent. Information relating to such services has been given to us by such third party providers and we disclaim responsibility for the accuracy, reliability or correctness of the information or the reasonableness of the charges for the services or the quality or safety of the service to be provided. The terms and conditions of the third party service provider will apply and we will have no liability to you in respect of any claims arising out of our making such arrangements or arising out of the performance, non-performance or negligent performance of such services by the third party provider. You expressly release us from any liability arising from the making of any such arrangements on your behalf. We bring to your attention that the conditions of carriage of other Carriers involved in your journey determines such Carriers` liability to you and, except as may be expressly provided to the contrary in these Conditions of Carriage, we will have no liability towards you arising out of your journey with other Carriers.
12.2 If we are also providing surface transportation (as part of our carriage) to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.

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13. ADMINISTRATIVE FORMALITIES

13.1 General
13.1.1 You (and not us) are responsible for checking relevant entry and customs requirements (specifically including but not only prohibitions on carrying agricultural and food products) for any country you are entering and 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 if such documents or visas not be valid or out of date or to comply with such laws, regulations, orders, demands, requirements, rules or instructions, or if such documents or visas are mislaid during your flight.
13.2 Travel documents
Prior to travel, you must present to us all passports, visas, 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. If we request, you must deposit your passport or other travel documents with a member of the crew until the end of the flight. We reserve the right to refuse carriage if you have not complied 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, or for the return flight to the place of departure or other destination, 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 fee or to incur any expenditure (including detention costs or insufficient fare under your Ticket) 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 or because you are denied entry into any country, you shall reimburse us on demand, any amount so paid or expenditure so incurred together with interest at 8% per annum (for US Dollars and a reasonable equivalent interest rate for costs incurred in other currencies). 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. If you fail or refuse to attend such inspection within a reasonable time or at all, we will be entitled to refuse to carry both the Baggage and yourself.
13.6 Security inspection
You shall submit yourself and your Baggage to any and all security checks including security screening by Governments, airport officials, Carriers or by us. Further, you will have no claim against us in the event that you miss your flight as a result of a security search by a third party, are refused boarding by a third party, suffer damage to yourself or your property or confiscation of your property as a result of the actions of a third party.

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14. SUCCESSIVE CARRIERS

Carriage to be performed by us and other Carriers under one Ticket, or a Conjunction Ticket is regarded as a single operation for the purposes of the Warsaw Convention and the Montreal Convention.  However, your attention is drawn to paragraph 15.1.3. We shall be liable to you under this contract of carriage only for the operations conducted by us or under our Airline Designator Code. We shall not be liable for those parts of your journey performed by another carrier under its designator code.

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15. LIABILITY FOR DAMAGE

15.1 General
The liability of El Al Israel Airlines Ltd. or Sun D’or International Airlines Ltd. to you will be determined by our own Conditions of Carriage, and in the case of another Carrier, by the conditions of carriage of each other Carrier involved in your journey, and in all cases by applicable law. Applicable law may comprise the Warsaw Convention and the Montreal Convention and/or local law in individual countries. The Warsaw Convention and the Montreal Convention apply to international carriage, as defined in those conventions. Our liability provisions are as follows:
15.1.1 Unless otherwise stated herein, international travel, as defined in the Warsaw Convention and the Montreal Convention, is subject to the liability rules of the respective Conventions.
15.1.2 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.
15.1.3 We will be liable only for Damage occurring during carriage on flights or flight segments operated by us or in relation to which we have a legal liability to you. If we issue a Ticket or if we check Baggage for carriage on another Carrier, we do so only as agent for the other Carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last carrier.
15.1.4 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.
15.1.5 Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Warsaw Convention or the Montreal Convention and local law, as applicable.
15.1.6 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies for the benefit of 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, employees, representatives and persons shall not exceed the amount of our own liability, if any.
15.1.7 Nothing in these Conditions of Carriage:
(a) shall waive any exclusion or limitation of our liability under the Warsaw Convention, the Montreal Convention or applicable laws unless otherwise expressly stated.
(b) prevents us from excluding or limiting our liability under the Warsaw Convention or the Montreal Convention or any laws which apply or gives up any defence available to us hereunder against any public social security body or any person liable to pay, or who has paid, compensation for the death wounding or other bodily injury of a Passenger.
15.1.8 In carriage which is not international carriage to which the Warsaw Convention or the Montreal Convention applies:
(a) we shall be liable for damage to you or your checked or unchecked baggage only if such damage has been caused by our negligence.
(b) if there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence.
(c) with respect to delay, we shall be liable to the extent stated above.
15.2 Death or injury of passengers
We are liable for damage sustained by a passenger for death or bodily injury caused by an accident covered by the Warsaw Convention or the Montreal Convention subject to the following supplemental rules:
15.2.1 Our liability in respect of proven recoverable compensatory damages for death, wounding or other bodily injury shall not be subject to any financial limit, be it defined by the Warsaw Convention or otherwise.
15.2.2 For any damages up to the national currency equivalent of 113,100 Special Drawing Rights, any defence based on proof that we and our agents have taken all necessary measures to avoid damage, or that it was impossible for such measures to have been taken, shall not apply. No person will be eligible to receive this compensation if he or she or the Passenger to whom the compensation relates caused or contributed to the damage to which the compensation relates by his or her negligence or wilful misconduct.
15.2.3 We agree to pay interim compensation subject to the following terms and conditions:
(a) The recipient must be a natural person.
(b) You or the person receiving payment must be entitled to compensation under applicable laws.
(c) Payments will be made only in respect of immediate economic needs.
(d) The amount of a payment will be proportional to the economic hardship being suffered by the recipient in consequence of the death, wounding or bodily injury save that, in the case of death, it will not be less than the equivalent of 15,000 Special Drawing Rights per Passenger.
(e) Payment will be made not later than 15 days after the identity of the person entitled to compensation has been established under applicable laws.
(f) No person will be eligible to receive a payment if he or she or the Passenger to whom the payment relates caused or contributed to the damage to which the payment relates by his or her negligence or wilful misconduct.
(g) All payments will be made subject to the condition that they will be returned to us on proof that recipient has ceased to be able to comply at all times with paragraph 15.2.3(b) or he or she or the Passenger to whom the payment relates caused or contributed to the damage to which the payment relates.
(h) Payments will be off-set by us against any subsequent sums paid in respect of our liability under applicable laws.
(i) Subject to payment of the minimum sum specified in paragraph 15.2.3(d) in respect of death, a payment will not exceed the maximum damages for which we may be liable to pay the recipient under paragraphs 15.2.1 and 15.2.2.
(j) The making of a payment shall not constitute recognition of liability by us.
(k) No payment will be made unless a recipient gives us a signed receipt in respect thereof which acknowledges the applicability of paragraphs 15.2.3(g) and 15.2.3(h).
(l) Save to the extent in conflict with any applicable law, and subject to payment of the minimum sum specified in paragraph 15.2.3(d) in respect of death, our decision in relation to payment and/or its amount shall be final and binding on the recipient.
15.2.4 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition nor shall we or any member of our crew or any doctor or any other person who volunteers to provide medical services to you aboard the aircraft or during the operations of embarking or disembarking have any responsibility or liability arising from the performance of such gratuitous medical services.
15.2.5 Our liability to our Passengers is insured in an amount considerably in excess of 113,100 Special Drawing Rights per Passenger.
15.2.6 US Notice Requirement
Where your journey involves an ultimate destination or stop in a country other than the country of origin, you are advised that the Warsaw Convention or the Montreal Convention may be applicable to your entire journey. Where a portion of that journey does not involve travel by us, and the Carrier has not waived the Warsaw Convention limits for death or bodily injury and the defense that they have taken all necessary measures to avoid the damage for the first 113,100 Special Drawing Rights of any such claim, the Warsaw Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of such Carrier for death of or personal injury to passengers is limited in most cases to proven damages not to exceed (i) US$75,000 per passenger in the case of journeys to, from, or with a Stopover in the United States of America, and that this liability up to such limit shall not depend on negligence on the part of the carrier; and (ii) US$10,000 or US$20,000 in the case of journeys not to, from, or with a Stopover in the United States of America.
The names of Carriers party to such special contracts are available at all ticket offices of such Carriers and may be examined on request. Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the Carrier's liability under the Warsaw Convention or such special contracts of carriage. For further information, please consult your airline or insurance company representatives.
Note: The limits of liability of US$75,000 above is inclusive of legal fees and costs except that in case of a claim brought in a state where a provision is made for separate award of legal fees and costs, the limit shall be the sum of US$58,000 exclusive of legal fees and costs.

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15.3 Baggage
15.3.1 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
15.3.2 Our liability in the case of Damage to Baggage shall be limited to the amounts specified in the Warsaw Convention or the Montreal Convention unless you prove that the Damage resulted from an act or omission by us either done with the intention of causing Damage or recklessly and with the knowledge that the Damage would probably result.
15.3.3 Where the Montreal Convention applies, we shall have no liability where the Damage resulted from the inherent defect, quality or vice of the baggage.
15.3.4 The Warsaw Convention and the Montreal Convention provide the following limits for Baggage:
(a) The national currency level equivalent of 332 SDRs (approximately US$400 but always subject to fluctuations in the rate of exchange) per passenger for Unchecked Baggage, where the Warsaw Convention applies;
(b) The national currency equivalent of 19 SDRs (approximately US$29 but always subject to fluctuations in the rate of exchange) per kilogram for Checked Baggage or a higher amount agreed pursuant to Article 15.3.7, where the Warsaw Convention applies.
(c) The national equivalent of 1,131 SDRs (approximately US$1,710 but always subject to fluctuations in the rate of exchange) per passenger for Unchecked and Checked Baggage or any higher amount agreed for pursuant to Article 15.3.7, where the Montreal Convention applies but (as per Article 15.1.5) our liability to you is limited to proven losses.
15.3.5 Where local law applicable to your carriage provides for different limits of liability for Damage to Baggage, those different limits will apply.
15.3.6 Where neither the Warsaw Convention nor the Montreal Convention applies to the Damage to Baggage, our liability will be limited to the amount specified in Article 15.3.4 (a) and (b).
15.3.7 If a higher value is declared in writing at the time Checked Baggage was handed to us and the additional charge is paid to us pursuant to an excess valuation facility, the liability of the airline for Damage will be limited to an amount not exceeding the declared value unless we prove that the declared amount is greater than your actual interest in delivery at destination.
15.3.8 If the weight of the Checked Baggage was not recorded on the Baggage Check it is presumed for all purposes that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage applicable to the Passenger’s booking.
15.3.9 We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.
15.3.10 All of your Checked Baggage shall be considered to be your property.  Individual pieces of Baggage shall not be considered to be the property of more than one Passenger.  Unchecked Baggage, including personal items in your possession at the time of embarkation, shall be considered to be your property.
15.3.11 In no event shall we be liable for destruction, loss, damage, or delay of Baggage not in our charge, including Baggage undergoing security inspections or measures not under our control and direction.
15.4 Delay
15.4.1 Our liability for Damage occasioned by delay in the carriage of air of passengers is limited to the local currency equivalent of a maximum amount of 4694 SDRs where the Montreal Convention applies and to different amounts where the Warsaw Convention applies, depending on a number of circumstances.
15.4.2 Airport, air traffic control, security, and other facilities or personnel, whether public or private, not under our control and direction, are not our servants or agents and we are not liable to the extent delay is caused by these kinds of facilities or personnel.

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16. TIME LIMITATIONS ON CLAIMS AND ACTIONS AND PROCESSING OF BAGGAGE CLAIMS

16.1 Notice of claims
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If 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 made in writing.
If you wish to file a compensation claim for Checked Baggage which is not placed at your disposal, you may do so at the expiration of 21 days after the date it ought to have arrived.
16.2 Limitation of actions
Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
16.3 Processing of Baggage Claims
16.3.1 Where the Montreal Convention applies, all claims for compensation for Damage to Baggage must be accompanied by an itemised list identifying each affected item by description, manufacturer and age, together with proof of purchase or ownership for all such items.  Proof of purchase will not be required in relation to any item which costs less than US$10 (or local currency equivalent), or is more than five (5) years old and has a claims value of less than US$100 (or local currency equivalent). Where we consider it appropriate, we will deduct an amount for depreciation at the rate which is commensurate with the age of the subject item but at not less than 10% per annum.
16.3.2 In the case of a compensation claim concerning physical damage to Baggage, you must retain and, if requested by us, let us examine the affected Baggage so that we may assess the nature, extent and repairability of that damage.
16.3.3 Where the Montreal Convention applies, if you wish to claim the cost of replacement of an individual item which forms part of a claim for compensation for Damage to Baggage, you must consult us before you incur such cost otherwise we may not include the cost in any compensation payable.  This requirement will not apply where the total cost of replacement items does not exceed US$50 or the local currency equivalent.  Proof of purchase of all replacement items must accompany your claim.  Proof of purchase will not be required in relation to any item which costs less than US$10 (or local currency equivalent).
16.3.4 For all claims for compensation concerning Baggage, you must provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.
16.3.5 If required by us, you will sign a statement of truth regarding the facts of your claim for Damage to Baggage before we pay any compensation to you.
16.3.6 Failure by you to fully comply with the relevant requirements of Article 16.3 may adversely affect the amount of any compensation to which you may be entitled.

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17. OTHER CONDITIONS
Carriage of you and your Baggage is also provided in accordance with certain other Regulations and conditions applying to or adopted by us. These Regulations and conditions as varied from time to time are important. They concern matters such as but not limited to: the carriage of unaccompanied minors, persons with limited mobility, pregnant women and sick passengers, restrictions on use of communication equipment and electronic devices and items on board the aircraft, carrying animals, the on board consumption of alcoholic beverages, smoking aboard the aircraft, conduct aboard the aircraft, security, forbidden items in baggage, limits on size and weight of baggage, check-in times and procedures and reconfirmation, and airport operational policies.
Regulations and conditions concerning these matters are available from us upon request.

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18. INTERPRETATION

18.1 Our interpretation of applicable government laws, regulations, or orders in relation to paragraphs 7.1.1 (right to refuse carriage) and 11.1.1 (conduct aboard aircraft) shall be final and binding even if it subsequently proves incorrect provided that at all material times we had no reasonable grounds for believing otherwise
18.2 The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
18.3 Words signifying the masculine gender shall include the other gender and vice versa.
18.4 Words signifying the singular number shall include the plural and vice versa.
18.5 The term “including” means without limitation and by way of example only.
18.6 Any relaxation or indulgence which we may afford a Passenger in respect of whom we reasonably believe the provisions of Articles 7 and 11 apply will not prejudice our rights in the event of any further misconduct or prevent us from exercising our rights at any future time.
Except as expressly provided in these Conditions of Carriage, nothing stated herein shall be construed so as to waive any exclusion or limitation of our liability under the Warsaw or the Montreal Convention or applicable laws.

237-790 General Conditions of Carriage

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