Beförderungsbedingungen

Conditions of carriage for passengers and baggage in air transport

Valid from: 07. 02. 2024

1. INTRODUCTORY PROVISIONS

The Conditions of Carriage for Passengers and Baggage in Air Transport (further referred to as Conditions) shall be applied on all scheduled and charter intranational and international transport of passengers and baggage undertaken by any below-defined member carrier of the Smartwings Group (further referred to as “carrier”), including related services.

2. APPLICABILITY

2.1 Generally

(a) In the event of charter transport of passengers and baggage, the Conditions are binding unless the charter agreement and/or charter ticket state otherwise.
(b) Should a route be operated by a different carrier, different conditions of carriage may apply for this route. These conditions are available on the website of the operating carrier.
(c) These Conditions shall also apply for a carriage free of charge and for reduced fares unless otherwise specified by the carrier in its regulations or relevant agreements, certificates or air tickets.
(d) These Conditions do not apply to flights operated by Smartwings Hungary kft. Its Conditions of Carriage may be found here:

2.2 DEFINITION OF TERMS

(a) For the purposes of these Conditions, the following terms are defined:
- (i) “Smartwings” or “Smartwings Group” shall mean Smartwings, a.s., Smartwings Slovakia, s.r.o, and Smartwings Poland Sp. z o.o.
- (ii) “Carrier websites” shall mean www.smartwings.com
- (iii) „Contact Centre“ or “Reservation Centre” shall be an organizational unit of the carrier which performs the processing of the customer's requirements by phone or in written form.
- (iv) „Passenger“ shall mean any person, with the exception of crew members, carried by air with the approval of the carrier.
- (v) „Days“ shall mean calendar days including all seven days of a week; it is assumed that for the notification purposes, the day of sending the notification shall not be included; for the sake of determining duration of validity, the day of air ticket issue or the day of commenced flight shall not be included.
- (vi) „Agreed places of stopover“ shall be understood as the departure and destination places specified in the ticket or flight schedules of the carrier as the places of planned stopover in the trip of the passenger.
- (vii) „Carrier“ shall mean the air carrier issuing the air ticket and all air carriers, which within the ticket, carry or have committed themselves to carry a passenger and his/her baggage.
- (viii) „Master ticket“ – a list of passengers in an electronic form according to which the carriage of a passenger and the carriage of his/her baggage shall be undertaken.
- (ix) „Identification coupon of baggage tag“ shall be the part of a baggage tag that is given to the passenger during baggage check-in intended for the identification and for the purposes of possible baggage claim for damage, loss or delay of the baggage.
- (x) „IATA“ shall mean the International Air Transport Association.
- (xi) „ICAO“ shall mean the International Civil Aviation Organization.
- (xii) “Fare” is the price of carriage not including the airport taxes and other applicable fees included in the total price of the Air Ticket
- (xiii) „Coupon for passenger” or “Certificate for passenger“ shall mean the part of an air ticket issued by the carrier or in the name of the carrier that is intended to be kept by the passenger.
- (xiv) „Air Ticket / Electronic Air Ticket / Travel Confirmation“ shall mean the document issued by the carrier or its agent to the passenger pursuant to which the carriage of the passenger and his/her baggage shall be undertaken. This document together with the boarding pass remain with the passenger even after the flight is completed.
- (xv) „Flight Coupon“ shall mean the part of a paper air ticket that contains the list of single places among which the passenger shall be entitled for a carriage.
- (xvi) „Excess Baggage“ shall be a baggage which weight or size exceeds the allowance, however, acceptable for carriage pursuant to the Conditions of carriage of the carrier.
- (xvii) „Unchecked baggage (cabin baggage)” shall mean a baggage that the passenger may take with him/her into the cabin of the aircraft and he/she shall take care about during the whole trip.
- (xviii) „Search“ – shall mean the search procedure for an undelivered baggage undertaken by the carrier or a handling agent
- (xix) „Declared value charge“ shall be the charge based on the total value of a baggage as declared by the passenger prior to departure.
- (xx) „Declared value“ shall be the declared value of a baggage including its contents representing a value higher than the liability limit of the carrier.
- (xxi) „Operations Manual of the carrier“ shall be the manual pursuant to OPS 1.200 provisions of the Commission Regulation (EC) No. 859/2008 as amended.
- (xxii) „Standard form“ shall mean the Medical Information Form (MEDIF) which is available on the carrier websites and must be filled by a physician.
- (xxiii) „Carrier Regulations“shall mean rules different than these Conditions issued by the carrier and in force on the day of the air ticket issue related to the passenger or his/her baggage carriage, including applicable rates in force.
- (xxiv) „Flight discontinuation“shall mean an intentional discontinuation of the trip by the passenger in the point between the place of departure and destination agreed in advance by the carrier.
- (xxv) „Claim“shall mean the compensation request for the damage of health, damage or delay of the checked-in baggage and/or damage of unchecked baggage or other property of the passenger
- (xxvi) „Damage“shall include death, injury, delay, partial loss or other damage of any nature occurred during the carriage or in connection with the carriage or other services provided by the carrier.
- (xxvii) „SDR (Special Drawing Rights)” shall mean an international currency unit as defined by the International Monetary Fund.
- (xxviii) „Convention“shall mean any of the following conventions:
  - Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 (further referred to as Warsaw Convention).
  - Warsaw Convention as amended at The Hague on 28 September 1955.
  - Warsaw Convention amended by Additional Protocol No. 1 at Montreal in 1975.
  - Warsaw Convention amended at The Hague in 1955 and by Additional Protocol No. 2 at Montreal in 1975.
  - Warsaw Convention amended at The Hague in 1955 and by Additional Protocol No. 3 at Montreal in 1975.
  - Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, done in Guadalajara on 18 September 1961.
  - Convention for the Unification of Certain Rules for International Carriage by Air, done in Montreal on 28 May 1999.
  - Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft signed on the 14th of September 1963 as amended by Regulation No. 102/84 Coll.

(xxix) “Baggage“ shall mean such items and other personal possessions of the passenger that are a necessary and reasonable component of his/her clothes, individual needs and his/her convenience or comfort in connection with the trip. It shall include both the checked and unchecked baggage of the passenger, unless otherwise stated.
(xxx) „Baggage tag” shall be the identification tag for each part of a checked baggage.
(xxxi) „Checked baggage“ shall mean the baggage to be placed, for the duration of the flight, in the baggage compartment of the aircraft and with a baggage tag issued by a carrier.
(xxxii) “Disabled person” or “person with reduced mobility” shall mean any person whose mobility when using transport is reduced due to any physical disability (sensory or motor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose condition requires an appropriate attention and an adaptation of the services made available to all passengers to his or her particular needs (based on Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, Article 2 a), as last amended).

(b) Whenever any of the terms listed above in paragraph a) is used in these Conditions, its meaning corresponds to the definition specified in paragraph a)

2.3 LEASE (CHARTER FLIGHTS)

These Conditions shall apply in entirety, if the carriage is undertaken pursuant to a lease agreement (further referred to as Charter Flights), unless otherwise agreed in the lease agreement.

2.4 OVERRIDING LAW

(a) The provisions of these Conditions of Carriage are applicable unless they are in violation with the provisions of the Convention, any applicable law, government provisions, regulations or requirements of public authorities, which cannot be cancelled by agreement of contracting parties. In such an event, the Convention, law, government provisions, regulations or requirements shall prevail.
(b) If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions remain valid.

2.5 TERMS EXCEEDING REGULATIONS

In the event of nonconformity between these Conditions and regulations of the carrier, these Conditions supersede.

2.6 SPECIAL PROVISIONS FOR FLIGHTS TO/FROM UNITED STATES OF AMERICA

Paragraphs 4.3 a), 12.3 d), 16.3 h), 16.3 i), 16.3 j) of these Conditions shall not apply for - flights to and from the USA. Some provisions of the Baggage Policy and Forbidden Items shall not apply for these flights either, in case it is specifically stated in them.

3. AIR TICKETS

3.1 General provisions

(a) The air ticket shall constitute a confirmation of the conclusion and the terms of a carriage of an agreement between the carrier and the passenger, unless otherwise proved.
(b) The air carrier shall accept for carriage by air a person with a valid air ticket or a document confirming the payment of an air ticket for the given flight issued by the air carrier or its agent.
(c) Should the submitted air ticket be damaged or lost, or the data in the air ticket be unreadable or changed by anybody different than the carrier or a representative authorized by the carrier, the passenger should not be entitled to the carriage.
(d) A duplicate of the original document may be issued as a replacement for a lost or stolen air ticket, if a loss or theft of the ticket was discovered by the passenger. In such event, the passenger shall be obliged to cover the carrier's costs related to drawing the duplicate and also to make a written guarantee to cover possible damages and losses of the carrier that might occur by abusing the original lost document.
(e) The air ticket shall be non-transferable. Should the air ticket be presented by anybody different than the person eligible to the carriage or refund in connection with the air ticket, the carrier shall not be liable to the eligible person, in case it carried, bona fide, the person submitting the air ticket or refunded such person.

3.2 Validity of air ticket

The air ticket shall be valid for 1 year as of the day of taking the first part of the journey, or, should not any flight coupon be used, for 1 year upon issuing the air ticket. The terms of the purchased fare may limit the period of applicability of the air ticket for the carriage by air.

3.3 Coupon sequence

Upon request of the carrier or other eligible authorities, the passenger shall be obliged to present the air ticket (or a document confirming the payment of the air ticket issued by the carrier or its agent) and submit to the carrier the relevant flight coupons (or a confirmation of the carrier substituting these coupons). The flight coupons have to be used in the sequence specified in the coupon for passenger. Throughout the whole trip, the passenger shall be obliged to keep the air ticket (or a confirmation of the carrier substituting these coupons) with all the flight coupons not yet submitted to the carrier or a confirmation of the carrier replacing this coupon. In case of a block air ticket use, an electronic air ticket or a trip confirmation, the passenger shall be checked in on the basis of an electronic list of passengers and special procedures of the carrier shall apply.

3.4 Name of carrier

The name of the carrier may be referred to in abbreviation, code or another clear manner in the air ticket.

4. FARES AND CHARGES

4.1 Generally

(a) Fares apply only for a carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise explicitly stated. The fares announced by the carrier as valid on the day of an air ticket payment shall be binding for a carriage where these Conditions apply. Should there be no fare between two places announced, a combined fare applies.
(b) The fare price confirmed at the reservation applies for a carriage from departure to destination airport only, unless otherwise explicitly stated. Neither the ground transport among individual airports, nor the carriage between airports and city terminals is included in the price. Should the passenger intend to change his/her flight or any part of his/her trip plan, other charges may possibly be added.
(c) A trip discontinuation shall only be possible, if the terms of the relevant fare allow. A trip discontinuation has to be marked in the air ticket.
(d) The prices and types of fares displayed on the carrier's website are sorted with regards to preferences chosen by a majority of passengers while booking the tickets.

4.2 Stopover

(a) A stopover is possible exclusively when the conditions of the fare permit it. A stopover must be printed on the ticket.
(b) The carrier reserves the right to make additional unplanned stopovers that may result from a necessary technical landing or other extraordinary circumstances.

4.3 Taxes and charges

(a) Any taxes or charges which may be imposed by a government or other authority or by the administration of an airport as well as charges for other services or additional equipment shall be payable by the passenger upon the purchase of a ticket in addition to the fares or charges due to the carrier, unless otherwise stated by the regulations of the carrier. In case of changing the conditions of the contract of carriage (e.g. a change of carrier, routing or the date of carriage) at the request of or by the fault of the passenger, applicable taxes and charges shall be calculated and collected. If the taxes and charges amount change in the period between the air ticket drawing and the start of the trip, the relevant financial difference shall be additionally collected or returned. The passenger shall be informed about the applied taxes and fees before booking the ticket. The fees and taxes are quoted separately on the ticket.
(b) The fees for additional services listed in the price list of the carrier are non-refundable and non-transferable to any other flight or person. This does not apply to cases when the passengers are provably precluded from using their purchased services by the carrier.

4.4 Fare payment

The fare shall be paid in cash or cashless in the currency accepted by the carrier according to the foreign exchange regulations of the relevant country. Should the fare be paid in the currency different to the one published, the calculation will be made according to an exchange rate used by the carrier.

5. RESERVATION

5.1 Reservation requirements

(a) The reservation(s) of every passenger shall be noted by the carrier. Should the reservation(s) be made via internet or the contact centre, the carrier will, upon request prior to departure(s), send the passenger a written confirmation of the reservation(s) by e-mail. Should the reservation(s) be made by agents of the carrier, the passenger shall contact these agents.
(b) Some fares of the carrier may be binded by terms limiting or excluding the right of the passenger to change or cancel the reservation.
(c) The carrier may cancel the reservation of a passenger who has not paid for the ticket or who has not completed credit arrangements with the carrier prior to the specified ticketing time limit.

5.2 Personal data

(a) For the sake of reservation, the passenger shall take note of submitting to the carrier and to the relevant authorities his/her personal data for the following purposes: reservations, flight purchase, additional service provision such as hotel booking and car lease, creating and providing a special service such as special equipment for persons with reduced mobility, immigration and entry formalities facilitation and information relating to the trip.
(b) Within the scope defined in the applicable legal provisions, the passenger shall explicitly authorize the carrier to save data to this end, use them and submit to its offices, authorized representatives, authorities and other carriers or suppliers of the mentioned services.
(c) The carrier shall be eligible to provide personal data of passengers to third parties in case a damage was caused to other passengers or other passengers were injured.
(d) Without prior consent of the passenger, his/her personal data shall not be used for a marketing activity. The Privacy policy is available on the carrier websites.

6. CHECK-IN

6.1 Generally

(a) The passenger shall be obliged to follow the Smartwings Check-in Policy available at the carrier websites.
(b) The passenger shall be obliged to come to the check-in desk or check-in online in time, at the latest until the time set by the carrier as specified in the Smartwings Check-in Policy available on the carrier websites.
(c) For the carriage pursuant to paragraph 2.3 of these conditions (Charter Flights), the party ordering the flight shall be liable to the carrier for an on-time arrival of the passengers to be checked-in pursuant to par. 6.1 b).

7. OBLIGATIONS OF PASSENGERS IN CARRIAGE BY AIR

(a) Prior to the purchase of a ticket and boarding the aircraft, the passenger shall be obliged, at the request of the carrier's staff members or state authorities, to identify him/herself and present the relevant travel documents, and answer questions of security nature, if appropriate, or submit the requested personal data to the eligible state authorities. Pursuant to the orders of a public authority, the carrier may be requested to submit the passenger's data or provide access to these data.
(b) When purchasing or reserving an air ticket through a travel agency, the passenger shall be obliged to report to the air carrier his/her health troubles that may complicate his/her carriage, or may have a negative impact on the flight procedure.
(c) The passenger shall be obliged to undergo a security check carried out by the authorities or authorized institutions and allow a check of his/her checked and unchecked baggage.
(d) A passenger is obliged to participate in the customs check of his/her registered and/or unchecked baggage. The carrier shall not be liable to the passenger for any loss or damage that may occur during the inspection or which is a consequence of not complying with this requirement.
(e) In accordance with the applicable international regulations the passenger may not carry in his/her checked or unchecked Baggage objects, materials and substances listed in the list of prohibited items, published on the carrier websites and the relevant legislation of the country concerned. Otherwise, the passenger is obliged to remove them before the flight and does not have any right to receive them back (such items are confiscated by the competent authorities). The carrier disclaims any liability for items confiscated for security reasons.
(f) Substances of dangerous nature such as explosives and ammunition, combustibles, corrosives, compressed gas, poisons or toxic and contagious material, oxidizing substances, radioactive material, magnetic material and other dangerous goods can be carried, with exceptions, only as goods according to an airway bill under special conditions of carriage.
(g) The passenger shall be obliged to observe diligence adequate to the nature of air traffic and pursue the carrier's employees' or representatives’ instructions under all circumstances, particularly at the following:
- (i) check-in, assembly and movement in the premises for passengers;,
- (ii) embarking and disembarking;
- (iii) placing the clothes and the unchecked (cabin) baggage in the aircraft.
(h) The passenger shall be obliged to refrain from acts resulting in endangering the safety and fluency of air transport, interfere or bother other passengers or be a cause of their complaints, prevent proper execution of obligations of employees of the carrier, damage the carrier's or passenger's property, and refrain from an excessive use of alcohol on board of the aircraft. The passenger hereby understands that, in the event of suspected illegal activity, the carrier is entitled to initiate an investigation of the situation by law enforcement authorities or such a passenger understands that misdemeanor proceedings may be initiated against him.
(i) During the flight, the passenger shall be obliged to refrain from the use of portable electronic devices specified by the carrier that may have a negative impact by their operation on the functions and operation of electronic devices and equipment of the aircraft. The rules of carriage and usage of electronic devices and batteries on flights operated by Smartwings are available on the carrier websites.
(j) The passenger shall also be obliged to the following:
- (i) come to be checked-in on time and meet all required formalities and check-in procedures and/or check-in online well in advance;
- (ii) cover a possible service fee for check-in at the standard check-in counter;
- (iii) submit unconditionally to the orders of the pilot in command and the cabin crew members during a flight;
- (iv) on call of a carrier's employee or following a request on a luminous switchboard to fasten the belt during the take-off and landing and possibly during the flight;
- (v) on call of a carrier's employee to change a seat, if necessary due to operational or security reasons;
- (vi) refrain from behaving in a way that could endanger the safety and discipline on board and from excessive alcohol consumption;
- (vii) refrain from perpetrating any kind of physical or verbal attack on any other person including the employees or representatives of the carrier, be it on board, at the airport or during communication with the contact center;
- (viii) refrain from damaging or destroying the property of the carrier, the airport, other person or any other third party. In case of violation of this prohibition the passenger may be off-loaded from the flight;
- (ix) comply with the prohibition of smoking on board of the aircraft; this also applies to e-cigarettes and heated tobacco devices. In case of violation of this prohibition, the passenger may be off-loaded from the flight;
- (x) in case of health problems during the flight undergo the necessary first aid, provide the crew with the required personal data and the information on the state of health, and then undergo a medical examination;
- (xi) refrain from diving for the period of 12 hours prior to commencing the flight, in the event of diving into lower depths and ascending with stopovers for decompression for the period of 24 hours prior to departure;
- (xii) cover all costs of losses and damages such as aircraft's interior damage, illegal carriage of dangerous animals or articles, emergency landing, etc., caused to the carrier by the passenger or caused by his/her undue act, to the fullest extent permitted under the Montreal Convention;
- (xiii) adhere to the total ban on the consumption of alcoholic beverages brought on board in a hand luggage. The pilot in command may reasonably require the passenger to provide proof of identity and take away alcohol for the duration of the flight;
- (xiv) adhere to the ban on the use of cameras, camcorders and other equipment recording sound and image in order to record or take pictures of the work and procedures of the crew inside the aircraft;
- (xv) undergo the prescribed personal security check undertaken by public authorities or another authorized parties;
- (xvi) accommodate his/her clothes and outer appearance so to meet the air transport standard.
(k) In addition, the passenger is also obliged to comply with anti-epidemic and other safety measures published on the carrier websites.
(l) The use of hearing aids and heart pacemakers is permitted.

8. OBLIGATIONS OF THE CARRIER IN CARRIAGE BY AIR

(a) The carrier shall be obliged to ensure the passengers are acquainted with the placing and the way of use of the following:
- (i) Safety belts;
- (ii) Emergency exits and equipment designed to common use;
- (iii) Life-jackets and oxygen apparatus, if prescribed for use by the passengers;
- (iv) Other emergency equipment designed for individual use.
(b) The passenger must be informed of the smoking ban and the rules of use of electronic devices on board the aircraft.
(c) If necessary, the carrier shall inform the passenger of the requirements for safety and order on board, and the consequences of their violation,
(d) Should the need arise, the carrier shall be obliged to advice the passengers on emergency procedures suitable for the given situation.
(e) The carrier shall be obliged to ensure the possibility of the passengers to fasten their safety belts on the take-off, landing, turbulence and at any time on call of the aircraft's captain, and to advise the passenger on storing his/her items in the aircraft.
(f) If, in the carrier’s opinion, the passenger's conduct onboard poses a danger to the aircraft or any person or property on board, or obstructs the performance of duties of the carrier’s staff, or the passenger does not submit to the orders of the carrier’s staff or behaves in a manner disturbing other passengers, the carrier may take action it deems appropriate to avoid such behaviour, including the use of coercive measures, removal of such passenger from the aircraft after landing and refusal of further carriage(s) of the passenger in the future.
(g) the carrier reserves the right to make a claim against the passenger who caused damage to the carrier,
(h) in order to ensure flight safety as well as security and order on board the aircraft the pilot in command is authorized to issue instructions to all persons on board and all persons on board the aircraft are required to submit to the orders of the commander.
(i) The carrier’s flight may be operated with a different type of aircraft than the one given in the original flight schedule.
(j) The carrier’s flight may be operated with an aircraft of another carrier. Based on EU regulation EU2111-2005 article 11, passengers shall be informed accordingly.

9. SECURITY PROTECTION MEASURES IN AIR TRANSPORT

9.1 EXCLUSION FROM CARRIAGE

(a) The carrier may exclude a passenger or baggage from carriage, if in its opinion:
- (i) it is necessary to fulfill the laws, ordinances and regulations of the state of origin, stopover or destination, or over which the flight will be operated;
- (ii) behaviour, physical or mental condition of the passenger leads to a breach of good manners, which may arise a concern of other passengers or the passenger represents a threat to him/herself, other passengers and/or the property of the carrier, the airport, other passengers or other third parties;
- (iii) the passenger's conduct during the flight, embarkation, disembarkation or ground transportation might endanger the safety of carriage by air or public order;
- (iv) the passenger does not submit to the instructions and orders of the carrier’s staff, representatives of state bodies and/or airport staff, in particular the instructions on the safety and order onboard;
- (v) the passenger physically or verbally attacked any other person including the employees or representatives of the carrier on board or at the airport and/or attempted to damage (successfully or unsuccessfully) the property of the carrier, the airport, other passengers or another third parties;
- (vi) the passenger refused to undergo the security check, carried out by authorized services at the airport;
- (vii) the relevant charges or taxes in relation to air transport were not paid;
- (viii) the passenger does not have or cannot present applicable documents in relation to air transport;
- (ix) the Passenger cannot prove that he/she is the person for whom the reservation was made or the ticket bought;
- (x) the passenger's flight tickets:
  - have been destroyed or damaged;
  - the passenger refused to surrender, against receipt, his/her travel documents, to be held by the carrier during the journey in the case the relevant public authorities require to do so;
  - was gained illegally;
  - is declared lost or stolen;
  - is counterfeited;
  - the flight coupon was changed by someone different to the carrier or its authorized representative; the carrier shall reserve the right to take such ticket in retention;
  - is not issued by the carrier or not accepted by the carrier.
- (xi) the passenger is not listed in the electronic list of passengers (in the case of use of block air ticket, electronic air ticket or trip confirmation);
- (xii) the passenger failed to arrive for departure in time pursuant to the Check-in policy published on the carrier websites;
- (xiii) the passenger has been refused the entry to the country of departure, destination or over which the flight is operated;
- (xiv) in relation to previous flights, the passenger was behaving in a manner that violates the law, in particular in the area of the safety and security of air transport, or good manners, and there are reasonable grounds to conclude that due to his/her condition, the passenger may commit such violations again;
- (xv) the passenger's behaviour may constitute or constitutes an offense or a criminal offense;
- (xvi) refusal of carriage is necessary for security reasons, when the passenger is under the influence of alcohol or drugs;
- (xvii) such steps have been taken in accordance with the Tokyo Convention;
- (xviii) carriage of the passenger is contrary to the provisions of the carrier;
- (xix) carriage of the passenger is contrary to the Operations Manual of the carrier;
- (xx) the clothes and outer appearance of the passenger fail to correspond to air transport standard;
- (xxi) the passenger suffers from infectious disease that is subject to obligatory notification;
- (xxii) the passenger does not comply with the obligations defined by Article 7 of these conditions;
- (xxiii) the passenger requires special assistance, which the carrier is not able to provide or the cost of which would be disproportionately high.
(b) If for any of the above reasons the carrier refuses to carry the passenger or removes the passenger from the aircraft, the carrier shall not be liable for any loss or damage caused by the refusal of carriage or removal of the passenger from the aircraft. Damages may also be claimed against the passenger for costs incurred in connection with the refusal of his/her carriage or in connection with his/her exclusion from carriage.
(c) Before offloading the passenger from the flight, the captain may issue a written Warning Card about the potential offloading in case the passenger fails to stop his/her unacceptable behaviour immediately.

9.2 AGREEMENT ON CONTRACTUAL PENALTY

(a) By attending the agreed flight, the passenger confirms that he/she was informed of the contractual penalty clauses listed below before purchasing the ticket or otherwise concluding the transport contract. By purchasing a ticket or otherwise concluding a transport contract, the passenger expresses his consent to the contractual penalty clauses listed below.

(b) The passenger is obliged to pay the carrier a contractual penalty in the amount of:
(i) EUR 200 if
- contrary to Article 7 letter g) he/she disobeys the instructions of the carrier (including the instructions of its employees or representatives), except for a written warning from the captain of the aircraft according to paragraph 9.1 by letter. c);
- his/her behavior during the flight, during boarding or disembarking or during ground transportation violates public order;
- he/she violates anti-pandemic or other safety and security measures listed on the carrier's website, which he/she is obliged to comply with according to Article 7 letter k).

(ii) EUR 500 if
- he/she violates the ban on the use of portable electronic devices specified by the carrier which through their operation can negatively affect the functions and operation of the electronic devices and equipment of the aircraft during the flight according to Article 7 letter i);
- he/she repeatedly violates the smoking ban pursuant to Article 7 letter j) point ix or;
- he/she, in violation of Article 7 letter j) point vii, on board the aircraft or at the airport commits a verbal attack against another person, including employees and representatives of the carrier.

(iii) EUR 1,000 if
- he/she repeatedly violates the ban on the use of portable electronic devices set by the carrier which through their operation can negatively affect the functions and operation of the electronic devices and equipment of the aircraft during the flight according to Article 7 letter i);
- he/she repeatedly violates the smoking ban pursuant to Article 7 letter j) point ix or;
- he/she, in violation of Article 7 letter j) point vii, on board the aircraft or at the airport commits a verbal attack against another person, including employees and representatives of the carrier.

(iv) EUR 2,000 if
- he/she in violation of Article 7 letter j) point vii commits a physical attack against another person, including employees and representatives of the carrier, or attempts such an attack on board the aircraft or at the airport;
- he/she does not obey the written warning of the captain of the aircraft according to paragraph 9.1 letter c); the contractual penalty for the objectionable conduct or behaviour of the passenger to which the captain's warning is directed will not apply in such a case.

(c) The contractual penalty is applied to each individual case of objectionable conduct or behaviour of the passenger. The contractual fine is payable on the first request of the carrier, while the carrier is entitled, in addition to the contractual fine, to full compensation of damage or loss that arose in connection with the passenger's objectionable conduct or behaviour.

(d) The carrier is entitled, in justified cases, to decide not to collect the contractual penalty to which it is entitled from the passenger, or not to collect it in full; however, such a decision by the carrier does not constitute a waiver.

10. CONDITIONAL ACCEPTANCE FOR CARRIAGE BY AIR

(a) The carriage by air of a passenger whose physical or mental condition or age may lead to the detriment of his/her health or other damage, shall be undertaken under the condition that the carrier shall not be liable for any contingent injury, illness or other health detriment including the passenger's death, nor for a damage of personal belongings kept by the passenger with him/her, if such detriment or damage has occurred in connection with or as a consequence of the carriage.
b) (b) Due to safety reasons, the carrier shall be entitled to refuse carriage of a physically or mentally handicapped passenger without escort. At the airport and throughout the whole flight, the sick or injured passenger must keep with him/her a physician's confirmation on the Medical Information Form (MEDIF) stating he/she is able to be carried by air, if required by Article 10, letters c) and d). The form includes the conditions required by applicable law.
(c) On the flights to/from the USA, the physician's certificate shall be required in the following events:
- (i) Requirement for a stretcher service/travelling with incubator;
- (ii) Need of medical oxygen during the flight;
- (iii) In all other events defined in article 10 par. d), except those mentioned above, the physician’s confirmation is only recommended.

(d) On all other flights, except flights to/from the USA, the physician’s certificate shall be required in the following events:

(i) Heart stroke up to 21 days from the event;
(ii) Stroke up to 10 days from the event;
(iii) Newly born children up to 7 days from birth;
(iv) Decompression disease;
(v) Pneumothorax up to 14 days from the event;
(vi) Requirement for stretcher/travelling with incubator;
(vii) Need of medical oxygen during the flight;
(viii) Inability to keep an upright seating position;
(ix) Head injury up to 14 days from the event;
(x) Fractures (except for uncomplicated fractures of limbs and fingers that occurred more than 72 hours before departure);
(xi) Plaster cast (except for plaster casts on limbs and fingers, if the injury occurred more than 72 hours before departure);
(xii) Deep vein thrombosis;
(xiii) Serious mental disease (the passenger must be carried by an escort, who has the adjacent seat ensured);
(xiv) Any serious or acute infection disease including chickenpox.

(e) Medical certificate of the physician shall be valid for the period of 21 days as of the day of issue.

(f) In the event of a sudden death of a passenger during the flight, his/her remains shall be disembarked from the aircraft at the nearest airport and handed over with a protocol to the competent local authorities for further examination and ordering of an alternate transport.

11.CARRIAGE OF SPECIAL NEEDS PASSENGERS

11.1 Generally

(a) Passengers requiring special assistance and care are required to inform the tour operator or contact centre at the time of reservation.
(b) The carrier will endeavour to facilitate the travel for the sick, the disabled, unaccompanied children or pregnant women. Acceptance for carriage of unaccompanied children, the sick, the disabled or pregnant women may be subject to prior consultation with the carrier on the conditions of such transportation, in accordance with applicable law.
(c) Due to enhanced safety measures, passengers requiring special care and parents with small children should pre-notify the airport staff on their needs.
(d) Passengers with special needs are screened before boarding an aircraft. Wheelchairs, crutches and stretchers are subjected to manual inspection.
(e) Due to safety requirements, passengers with special needs cannot occupy seats near the emergency exits on the aircraft.
(f) The carrier shall ensure that the person accompanying a passenger with reduced mobility will be assigned the seat next to this passenger, if the fact of traveling with a companion is announced to the carrier no later than 48 hours before departure.
(g) The carrier shall not be liable for any injury, illness or other bodily injury, including death, and for damage to baggage during the carriage, if they were caused by the passenger’s physical or mental condition or his/her age.

11.2 Carriage of passengers with reduced mobility

(a) Passengers with reduced mobility shall be those passengers whose actual health or physical condition requires a special care from the carrier. The scope of care during the trip shall be subject to safety regulations for carriage by air, carrier's aircraft equipment and local conditions of the relevant airport.
(b) Passengers who plan to travel with their own wheelchair or other equipment facilitating movement are obliged to inform the carrier while making the reservation or purchasing the ticket, or at any time after, but no later than 48 hours before departure. During check-in, personal wheelchairs will be given to the airport staff in order to be located in the cargo compartment of the aircraft. Passengers will be able to pick them up at the destination airport. Airport ground staff will provide assistance to the passengers with moving from the check-in stands to the aircraft and from the aircraft to the baggage claim area after the flight, using a different wheelchair. The passenger must provide the carrier with information about the size and weight of the wheelchair. The passenger can carry for free two fully collapsible wheelchairs that are not included in the baggage allowance. It is not allowed to carry wheelchairs powered by batteries filled with corrosive substances. If possible, the passenger is obliged to disconnect the battery from the wheelchair before handing it to the representatives of the carrier.
(c) Some of the seats on board have movable armrests to facilitate movement. If possible, the carrier shall ensure that these seats are available to passengers with reduced mobility.
(d) Some toilets are equipped with handrails, making the use of them easier for - passengers with reduced mobility.
(e) The carrier reserves the right to change the type of aircraft, if the flight cannot be operated with an aircraft belonging to the carrier and the carrier is assisted by another carrier. The Carrier shall immediately inform, by e-mail or phone, the tour operator of the passenger or the passenger with an individual reservation about this fact and about the identity of the operating carrier. In such case, the carrier shall ensure that the travel class of the aircraft operating the flight and its equipment are not worse than the aircraft of the carrier.
(f) Cabin crew can help passengers with reduced mobility on the way to and from the toilet but are not authorized to lift -passengers from the wheelchair seat or aid at the toilet.

11.3 Carriage of passengers travelling with a guide dog

Blind passengers or other passengers dependent on a guide dog must carry a certificate that the dog is trained to assist disabled persons, the required travel documents, and it is recommended that the dog wears a muzzle. The guide dog must wear a harness and a leash and shall be carried on board the aircraft free of charge.

11.4 Carriage of pregnant women

Any pregnant women after the 34th week (after the 28th week in case of multiple pregnancy) of pregnancy shall not be accepted for carriage by air under any circumstances. Any pregnant woman in an advanced stage of pregnancy who is not able to prove the current week of pregnancy (holds no certificate of maternity, physician's certificate or similar document) shall not be accepted for carriage by air under any circumstances either.

11.5 Carriage of minors up to 2 years of age

(a) A minor under 2 years of age shall be understood a minor upon his/her birth up to the completion of the second year of age. In case of a return flight, the date of the return shall be the determining time.
(b) A minor under 2 years of age shall not be entitled to his/her own seat and refreshments and he/she is carried on the lap of the accompanying person, with the exclusion of using a certified child safety seat, pursuant to paragraph 11.7 of these Conditions.
(c) On flights operated by the Smartwings Group carriers, an adult passenger may travel with one minor up to 2 years of age as a maximum. For one row of 3 seats, only one minor up to 2 years of age shall be allowed.

(d) A minor under 2 years of age cannot be seated in a row next to the emergency exits.

11.6 Unaccompanied minors

(a) Children under 6 years of age cannot be carried unless accompanied by an adult. An adult is a person of at least 18 years of age.
(b) Minors above 6 years of age up to the completion of the 11th year of age can travel unaccompanied by an adult person (unaccompanied minor - UM). In such case, the carrier provides the UM assisting service at the airport of departure and destination. An adult sending the UM is responsible for them. The escorting person must be of age; and must provide the carrier with a written confirmation on the Unaccompanied minor/MAAS form that the UM will be awaited at the destination airport by another adult. The form is available on the carrier websites. In case an adult person fails to await the UM at the destination airport, all costs related to taking care of the UM will be borne by the person responsible for sending the UM at the departure airport. The carrier is authorized to demand proof of age of the child. The parents/guardians/escorting person must remain at the airport until the departure of the aircraft with the UM on board.
(c) A passenger aged 12 to 17 years (inclusive) may, upon a request of parents or another legal guardian, also be granted an assistance service. The assistance service (UM) shall be subject to a fee according to the applicable price list.
(d) The carriage of unaccompanied minor and the assistance service shall be possible only upon a prior notification of such carriage to the carrier no later than 48 hours prior to departure.

11.7 CHILD SAFETY SEATS

(a) A use of child safety seat is allowed only for children under 12 years of age under the following terms:
- (i) The child safety seat is certified for use in air transport and the certificate is marked on the child safety seat;
- (ii) The child safety seat may only be used if it can be fastened by a two point belt which has to be fastened throughout the entire flight;
- (iii) The child safety seat may only be used by children with their own seat booked.

11.8 OXYGEN

(a) For safety reasons, Smartwings Group does not permit passengers to bring their own oxygen bottles on board. If oxygen is required for use during the flight, it must be booked directly with the carrier on the same day the flight booking is made, though no later than 3 days before departure. The clients of tour operators or other flight charterers shall book the oxygen via the tour operators or flight charterers. The carrier may refuse to provide the service on particular flight for operational reasons.
(b) Passengers must travel with a Medical Information Form (MEDIF) filled by a physician confirming that they are fit to travel. The carrier may exclude the passenger from carriage without this form. The form is available on the carrier websites.
(c) The service contains one bottle of oxygen (311.5 L) and shall be subject to charges pursuant to the applicable price list of the carrier.

12. BAGGAGE

12.1 Generally

(a) Baggage shall be carried as checked or unchecked. A passenger shall be entitled to a carriage of his/her baggage in accordance with the travel class and fare rules of the ticket. All conditions on the carriage of baggage are to be found in the Baggage Policy available on the carrier websites. The above-mentioned Baggage Policy in particular contains and regulates the number and weight limits of transported baggage, provisions governing carry-on baggage, provisions governing baggage check-in, baggage that is transported under special conditions, excessive baggage, transportation of live animals and items prohibited for transportation. The limits for weight and dimensions of the baggage may differ according to the travel class and fare rules of the ticket. An additional service fee for the check-in procedure at a standard check-in counter may be collected.
(b) The carrier is entitled to charge a fee for the carriage of baggage exceeding the free limit. The fee will be in accordance with the applicable price list.
(c) The carrier has the right to check the dimensions and weight of each piece of baggage transported at any time before boarding the aircraft. The carrier is entitled to refuse the carriage of baggage that does not meet the limits established in accordance with the travel class and the tariff conditions of the ticket.
(d) Passenger may not carry by air the following:
- (i) baggage and items that may threaten the safety of the flight, the security of persons and property as well as baggage and items that might easily be damaged during the carriage, the package of which is not suitable, or may bother other passengers;
- (ii) items specified by regulations of the International Civil Aviation Organization (ICAO), International Air Transport Association (IATA) and regulations of the carrier as dangerous goods;
- (iii) items forbidden for carriage according to applicable law, directives or regulations of the relevant state;
- (iv) items that, in view of the carrier, are not suitable for carriage due to their weight, size or nature;
- (v) items included in the List of forbidden items available on the carrier websites.

12.2 Baggage check

(a) The carrier, if suspecting that the passenger’s baggage may contain items prohibited from carriage or the carriage of which may require special procedures, may inspect the passenger's baggage in the passenger's presence. If the passenger is not present and is therefore not able to consent to the baggage check, the carrier shall be eligible to open the passenger's baggage in the presence of at least one witness, who is not an employee of the carrier, if it suspects the baggage contains items excluded from carriage or items the carriage of which requires special procedures.
(b) Should the passenger deny the baggage inspection request, the carrier may deny the carriage of the passenger and/or her/his baggage.
(c) The carrier is not liable for any damage to the baggage or its contents resulting from the baggage safety and security inspection.

12.3 Baggage collection

(a) The passenger shall be obliged to collect his/her baggage immediately upon arrival to the airport of final destination.
(b) If the baggage has not been collected within 2 months after the arrival of the flight, the carrier shall be entitled to dispose of the baggage within the deadlines and principles defined in the relevant provisions of legal regulations.
(c) The baggage may be collected by the holder of the identification coupon of a baggage tag.
(d) The carrier shall not be obliged to investigate whether the holder of the identification coupon of a baggage tag is eligible to collect the baggage and it shall not be liable for loss, damage or other costs that the passenger may potentially incur in this connection.
(e) Failure to present the identification coupon of a baggage tag shall not prevent baggage reclaim provided that a ticket has been presented and the baggage can be identified by other means.
(f) If the person collecting the baggage is unable to present the passenger ticket and identify the baggage by means of a baggage identification tag, the carrier will release the baggage to such person only if he/she proves his/her right thereto and on the carrier's demand he/she shall furnish adequate security to indemnify the carrier against any loss or expense which might be incurred by the carrier as a result of such release.
(g) The baggage collection by a holder of the identification coupon of a baggage tag without lodging a claim at the time of delivery, shall be an evidence that the baggage was delivered in good condition and in line with the carriage agreement.
(h) It shall be necessary to report to the carrier on a baggage destruction, undelivery or a loss of contents immediately during the baggage collection or, in case of undelivered baggage, immediately once the baggage reclaim from the flight concerned is completed. The passenger is obliged to check the inner contents of his/her baggage immediately upon receiving the baggage. The carrier shall be obliged to draw up a protocol about the damage, delay or undelivery of the baggage. Otherwise, it shall be presumed that the baggage has been released in proper condition. If the damage is reported later, the passengers must prove a causal link between the reported damage and the relevant air transport.

12.4 Baggage claims

(a) All complaints shall be submitted by filling the online form on the carrier websites, by e-mail or by post.
(b) In order to submit the complaint, the originals or copies of the following documents shall be provided:
- (i) Property Irregularity Report (PIR);
- (ii) airline ticket/boarding pass;
- (iii) identification coupon of the baggage tag;
- (iv) bills for lost or damaged items;
The carrier reserves the right to request additional documents from the passenger if necessary to evaluate the scope of liability of the carrier, especially a repair receipt or a confirmation of irreparability of the baggage.
(c) Properly filed claims are dealt with within 90 days from the date of receipt.
(d) Pursuant to Montreal Convention or Warsaw Convention, the passenger shall be obliged to report the damage of the checked baggage to the carrier immediately after realizing it or no later than 7 days after delivery of the baggage. The passenger shall be obliged to report a non-delivery of the baggage and fill in the protocol (PIR) immediately upon arrival, any claims filed later shall not be accepted. The claim for liability of a delayed baggage should be lodged within 21 days from handing over the baggage to the passenger.
(e) If the checked baggage has been damaged and it is impossible for the carrier or other persons acting on its behalf to repair it, the passenger has the right to have their baggage repaired and deliver the bill to the carrier. If it is not possible to repair the baggage, the passenger must obtain a written appraiser confirmation of irreparability together with the description of the baggage and the reason for irreparability.
(f) If the passenger does not submit some of the documents described in 12.4 b), it is assumed that the baggage has been delivered in proper condition.
(g) If the baggage has not arrived on the same aircraft as the passenger, it shall be reported immediately upon arrival at the destination airport to the carrier and a relevant Property Irregularity Report (PIR) has to be filled out. If the passenger does not meet this requirement or does not submit some of the documents described in par. 12.4 b), the carrier is released from liability for any damage, destruction, loss or delay of the baggage.
(h) The amount of compensation for delay in delivery of the baggage while abroad shall be granted on the basis of the bills for the purchase of the necessities (underwear, required clothes, toiletries, and hygienic items). The coverage of the bills will not be provided to passengers residing in the destination.
(i) Baggage is searched for a period of one month from non-delivery, after which the passenger can claim reimbursement. If the luggage is found later, the passenger is not entitled to a compensation and is obliged to return any compensation to the carrier.
(j) If unchecked baggage has been damaged, the passenger shall report this fact on board. Otherwise, the carrier shall not be liable for any damage, destruction or loss of the baggage.
(k) The right to a compensation for damage expires after 2 years from the date of arrival at the destination or from the day the aircraft should have arrived, or 2 years from the end of the transportation.
(l) Detailed information on baggage claim procedure is referred to at the carrier websites (www.smartwings.com)

13. TIMETABLE AND IRREGULARITIES

13.1 Timetable

(a) The carrier shall be bound to make a maximum effort to ensure the carriage of passengers and their baggage according to the timetable applicable at the day of flight. Within these measures and to prevent a possible cancelation of a flight, the carrier may under exceptional conditions organize the flight operated in its favour by an alternate carrier and/or aircraft.
(b) The departure and arrival time specified in the air ticket, or elsewhere, shall be subject to change in the period between the reservation and departure date.
(c) For carriage according to Paragraph 2.3 of these Conditions (Charter Flights), the flight ordering party shall be fully liable for keeping passengers informed on changes of timetable according to Article 13.1b) of these Conditions.
(d) When making a reservation on scheduled flights of Smartwings Group, the carrier shall notify the passenger on the departure and arrival time valid at the time, and these times shall also be specified on the air ticket. At any time after the reservation, the timetable may be subject to changes by the carrier. Should the passenger provide the carrier with an e-mail address and phone contact, the carrier will make a maximum effort to notify the passenger on these changes as soon as possible. Should the carrier change the departure time by more than 5 hours in the period from the air ticket purchase up to one (1) day prior to the scheduled departure, and this is unacceptable to the passenger, and at the same time the carrier is not -able to book an alternate flight that is acceptable to the passenger, the passenger is entitled to a refund to the full extent according to Paragraph 14.1 of these Conditions.

13.2 Irregularities in air transport

(a) In case of irregularities in air transport, on request of a passenger the carrier must provide a written information on passengers' rights, including their right to care and compensation. If the irregularity results from reasons beyond the control of the carrier, the carrier shall be relieved of the obligation to pay the compensation.
(b) When there are more passengers than seats available, the air carrier first calls for volunteers to surrender their reservations in return for agreed benefits. This compensation shall include the possibility of choice among:
- (i) reimbursement of the full cost of the ticket at the price at which it was bought within 7 days, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure at the earliest possibility; or,
- (ii) re-routing, under comparable conditions, to their final destination at the earliest possibility; or
- (iii) re-routing, under comparable conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.
(c) If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will. In such case the passengers have the right to compensation as follows:

#	Distance(km)	Maximum compensation limit (EUR)
1	0-1500 km	250 €
2	Intra-Community flight of more than 1500 km	400 €
3	Extra-Community flight between 1500 and 3500 km	400 €
4	Extra-Community flight of 3500 km and more	600 €

However, if the passenger is offered re-routing to their final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked:

(i) by two hours, in respect of all flights of 1500 kilometres or less; or
(ii) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all extra-Community flights between 1500 and 3500 kilometres; or
(iii) by four hours, in respect of all extra-Community flights of 3500 km or more.

the compensation shall be reduced by 50 %. The passenger also has the possibility of choice between reimbursement of the full cost of the ticket at the price at which it was bought and re-routing /see par. 13.2 b)/.

(d) If case of denied boarding, the passenger has a right to the following care:
- (i) meals and refreshments in an amount reasonable for the waiting time;
- (ii) hotel accommodation in cases where a stay of one or more nights becomes necessary;
- (iii) transport between the airport and the place of accommodation (hotel or other);
- (iv) two telephone calls, telex or fax messages, or e-mails.

(e) In case of a cancellation of a flight, the passenger has the possibility of choice between the reimbursement of the full cost of the ticket at the price at which it was bought and a re-routing /see par. 13.2 b) above/. The passenger also has the right to care provided by the air carrier /see Article 13.2 d) above/. If the passenger has not been informed about the cancellation at least:

(i) two weeks before the scheduled time of departure; or
(ii) between two weeks and seven days before the scheduled time of departure and has not been offered a re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) less than seven days before the scheduled time of departure and has not been offered a re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival,

the passenger has the right to compensation /see par. 13.2 c) above/. Nevertheless, the passenger does not have the right to compensation if the cancellation has been caused by extraordinary circumstances (i.e. political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings, strikes, etc.), which could not have been avoided even if all reasonable measures had been taken.

(f) When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:

(i) for two hours or more in the case of flights of 1500 kilometres or less; or
(ii) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all extra- Community flights between 1500 and 3500 kilometres; or
(iii) for four hours or more in the case of all extra-Community flights of 3500 km and more.

the passengers have the right to care provided by the operating air carrier /see par. 13.2 d) above/.

(g) If, for reasons other than exceptional circumstances, the passenger arrives at their final destination at least three hours later than originally scheduled by the air carrier, the passengers of such flights will be treated as passengers of cancelled flights in order to exercise their right to compensation /see par 13.2) c) above/.

(h) When the delay is of at least five hours, the passenger also has the right to assistance consisting of reimbursement of the full cost of the ticket at the price at which it was bought within 7 days, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure, at the earliest opportunity.

(i) The passenger does not have these rights if the event was caused by extraordinary circumstances and the air carrier and its servants and agents took all the measures that could reasonable be required to avoid the damage or it was impossible for them to take such measures. The passenger also does not have these rights if the damage was caused by or contributed to by the negligence or other wrongful act or omission of the passenger or the person from whom they derive their rights.

13.3 Payment of compensations

(a) The provisions of this paragraph shall apply to the procedure for the enforcement of passengers' claims for compensation in the event of denied boarding, cancellation or significant flight delays pursuant to the Regulation of the European Parliament and of the Council (EC) No 261/2004 and to the rulings of the Court of Justice of the European Union.
(b) If the passenger is represented by a third party in the recovery of the claim, the third party is obliged to prove to the carrier the right to represent such passenger by means of a written Power of Attorney to represent the claimant for compensation with an officially authenticated signature of such a passenger.
(c) In accordance with the carrier's internal procedures, in order to promote transparency of payments and to protect the consumer, any compensation will be paid only to the account from which the ticket has been paid, unless the passenger communicates to the carrier another bank account of the passenger where the payment is to be paid. In such case, the passenger is obliged to prove to the carrier the ownership of such an account.

14. REIMBURSEMENT

14.1 Reimbursement of air tickets on schedule flights of Smartwings

(a) If the carrier cancels the flight, the passenger will be refunded as follows:
- (i) The amount equal to the price of the air ticket including any related paid charges, if neither part of the air ticket has been used;
- (ii) The amount equal to the difference between the total price of the air ticket and the price for the part of flight where the air ticket was used including any related paid charges for a non-flown part of the flight, if the air ticket has been partly used.
(b) In the event of a death of a closest family member such as mother, father, brother, sister, husband, wife, child or grandparent, the carrier shall upon a request refund the money at the price of the air ticket or its non-flown part.
(c) If a passenger, for reasons other than those mentioned in letter b), decides not to fly and use any section of an air ticket, he/she will be refunded the cost of the airport taxes after deducting an administrative fee. The fare and other charges are non-refundable, unless stated otherwise in the fare Conditions of the air ticket.

14.2 Reimbursement of air tickets on charter flights

In the event of carriage pursuant to par. 2.3 of these conditions (Charter Flights), the flight ordering party shall be liable to reimburse the air tickets.

14.3 A person entitled to reimbursement

(a) Unless otherwise stated hereinafter, the carrier 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 a satisfactory proof of such payment.
(b) The passenger named in the ticket or the person who paid for the ticket can authorize a third person to receive the refund for an unused ticket or a portion thereof.
(c) Except in the case of a lost ticket, refunds will only be made on surrendering the ticket and all unused flight coupons as well as a confirmation of payment, if applicable, to the carrier.
(d) Refund to a person presenting the coupon along with the unused parts of the ticket and a payment confirmation (if applicable), according to par. 14.3, is considered as a refund to the authorized person and shall release the carrier from any further liability.

14.4 Currency

All refunds are subject to the laws of the state where the ticket was sold and the country where the refund is made. The refund shall be made in the currency used to pay for the ticket. In particular cases, when a refund in the currency used to pay for the ticket is not possible, the carrier shall make the refund in the currency used in the country in which the refund is paid or any other currency agreed between the carrier and the person entitled to the refund in accordance with the law.

14.5 Right to refuse refund

(a) The carrier may refuse a refund until it receives a proof of payment from the passenger or another person who paid for the ticket.
(b) The carrier may decide to refuse a refund of a ticket which has been presented to it, or to Government officials, as an evidence of an intention to depart from the country, unless the passenger attests that he/she has a permission to remain in the country or that he/she will depart from the country by another carrier, or another means of transport.
(c) The carrier may refuse a refund of an unused ticket or a portion of a ticket, if the ticket or a portion thereof has not been used due to the reasons set out in Article 9.1) and the carrier has decided to secure the ticket or a portion thereof in order to satisfy claims for damages caused to another passenger or the carrier.

15. TRAVEL FORMALITIES

15.1 General

(a) The passenger is obliged to obtain all documents and fulfill all conditions required by the authorities of the departure, transit, transfer, or arrival country. The carrier is eligible to check all travel documents and formalities. The carrier shall reserve its right to refuse the carriage of a passenger not meeting the required travel formalities. The carrier shall not be liable for damages or costs incurred to the passenger due to his/her obligation default.
(b) The flight ordering party is obliged upon request to cover all costs incurred to the carrier to this end, if the carrier is assigned by a decision of relevant authorities to transport a passenger back to the departure country due to a denied entry into the arrival country, be it either the transit or transfer country, or the final destination. Upon request, the passenger is obliged to cover all costs incurred to the carrier by default on the prescribed administrative travel requirements requested in the departure, transit, transfer, or arrival country.

15.2 Customs and security check

Upon request, the passenger is obliged to undergo a check by the customs and other competent authorities of his/her checked or unchecked baggage. Except as required by the Montreal Convention, the carrier is not liable to the passenger for any damage or loss suffered by the passenger due to default on these requirements, and the passenger is obliged to cover the carrier the loss occurred due to default on this obligation. The passenger is obliged to undergo the required security checks of the carrier, airport or state authorities.

16 CARRIER'S LIABILITY FOR DAMAGE

16.1 General

(a) In the international air transport, the carrier's liability is subject to the Convention for the Unification of Certain Rules for International Carriage by Air dated 28 May 1999 (further referred to as the Montreal Convention) as well as the Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97, whereas the latter results from the Montreal Convention, and possibly the Warsaw Convention applicable to both international and intranational air transport. The flights to and from the USA are subject to Title 14 C.F.R. Part 254.
(b) These Conditions constitute the basis of the liability of the carrier. If carriage is performed by another carrier, the liability may be determined by the conditions of the carrier operating the flight.
(c) The carrier shall be liable up to the amount of an actual damage, albeit up to the limit restricting its liability according to the relevant law regulations, in particular, the Convention. The carrier shall not be liable for punitive, exemplary or non-compensatory damages.
(d) The carrier shall not be liable if a damage was caused or contributed to by a negligence or other wrongful act or omission of the person claiming compensation or a person from whom he/she derives his/her rights, up to the extent that such act contributed to the damage.
(e) The carrier is not liable for any damage arising from its act in compliance with any laws, regulations, orders or government requirements, or from a failure of the passenger to comply with them.
(f) The carrier is liable only for a damage occurring on its operated flights or on the flights where the carrier's airline designator code is presented in the ticket.
(g) The carrier's liability limitation relates to all employees, agents as well as the carrier's representatives.

16.2 Carrier's liability and indemnity scope

(a) The carrier is liable for damage sustained in a case of death or bodily injury of a passenger only when the accident which has caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking,
(b) The Carrier agrees, with respect to damages caused by a passenger's death or bodily injury:
- (i) in line with the Montreal Convention to not exclude or limit the carrier's liability for any damages up to claims not exceeding SDR 128821 (or its equivalent in other currency) for each passenger;
- (ii) to the extent of the damages exceeding SDR 128821 for each passenger, the carrier reserves the right to defend itself and not be held liable for these damages, if it proves that such damage was not caused by a negligence or other wrongful act or omission of the carrier or its servants or agents, or that such damage happened solely due to a negligence or other wrongful act or omission of a third party.
(c) In case of a death or injury of a passenger, the carrier shall provide the entitled person with an advance payment in a minimum amount of 16000 SDR to cover immediate financial needs. The advance payment shall be provided within 15 days from the date of determining the person entitled to indemnity. The advance payment shall not be meant as an acceptance of the carrier's liability, and should any subsequent payments occur, it should be considered a part of the total indemnity. The advance payment shall not be returned to the carrier, unless the carrier proves that the damage had occurred by a negligence, omission or other incorrect acts of the passenger, whom the payment relates to, or if the advance payment has been received by a person not entitled to it, pursuant to applicable law.
(d) If a passenger whose age or mental or physical condition involves any hazard or risk to him/herself, the carrier shall not be liable for any illness, injury or disability, including death, that may be attributable to such condition or to the aggravation of such condition.
(e) The carrier shall not be liable for damage caused by a delay in the carriage of passengers, baggage or cargo, if the carrier proves that it and its servant and agents took all measures that could be reasonably required to avoid the damage, or that it was impossible to take such measures.

16.3 Carrier's limitation of liability for damage

(a) The carrier is liable for damages caused on flights operated by itself only.
(b) The carrier shall not be liable for damage of unchecked baggage and other items kept in the personal care of a passenger, if such damage was not caused by the fault of the carrier, or that of its servants or agents.
(c) In the carriage of baggage, the liability of the carrier in the event of destruction, loss, damage or delay shall be limited to 1288 SDR for each passenger.
(d) If the weight of the baggage has not been specified, it is assumed that the weight of the baggage does not exceed the weight allowance applicable to baggage carried free of charge.
(e) The carrier shall not be liable for baggage damage of a passenger caused by the negligence of the passenger.
(f) The carrier shall not be liable for damage to the checked baggage, neither its contents, if caused by the latter.
(g) The carrier shall not be liable for any destruction, loss or damage caused by common wear, and in cases when the baggage of the passenger was already damaged or defective prior to the start of the trip.
(h) The carrier shall not be liable for any destruction, loss or damage caused by natural forces, death of animals or behaviour of animals such as biting, kicking, stabbing or asphyxiation or due to a deficiency of the animal crate or inability of the animal to cope mentally with the different conditions of carriage by air.
(i) The carrier shall not be liable for a contingent loss or destruction of fragile items such as perfumes, toilet waters, dioptric and sun glasses, contact lenses, bottles, glassware, porcelain, water pipes, optical apparatus etc., or perishable articles, pharmaceuticals, money, credit cards, valuable items and objects of art, jewellery and precious metal articles, keys, securities, stock and shares or bonds, commercial documents, passports or other ID documents, data carriers and electronic devices (i.e notebooks, tablets, electronic readers, mobile phones, music players, cameras etc.) including accessories, if placed in the checked baggage.
(j) The carrier shall not be liable for a possible loss or damage of a sporting equipment or other special baggage that failed to be duly reported and packed separately according to the Baggage Policy published on the carrier websites.
(k) The liability for loss, delay, or damage to the baggage or loss of the items carried inside the baggage is limited unless the passenger declared the value of the baggage higher than provided for by the Convention, prior to departure and paid the appropriate fee.
(l) The carrier is not liable if the baggage has been mistakenly claimed by another passenger. A person who mistakenly claimed another passenger’s baggage shall cover all related costs incurred by both passengers.
(m) The carrier is not liable for damages caused by manipulation with liquids onboard.
(n) The carrier is not liable for damages to health or material damage fully or partially caused by the passengers.
(o) The carrier is not liable for damage to the luggage or its contents, if it has not been packed appropriately to its nature and value.

17. CONSUMER DISPUTE RESOLUTION, WHISTLEBLOWER PROTECTION

17.1 CONSUMER DISPUTE RESOLUTION

(a) If the passenger contacted the carrier and is not satisfied with the response to the complaint, he/she can exercise his/her rights by commencing an off-court proceeding. The notified subjects for concrete EU countries are listed by the European Comission. The passenger can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

17.2 WHISLTLEBLOWER PROTECTION

(a) Smartwings, a.s., ID 25663135, registered office: K Letišti 1068/30, 161 00, Prague 6 – Ruzyně and its subsidiaries required to do so, as of 15 June 2023, have implemented an internal notification system in accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report violations of Union law and related legislation.
(b) Guidelines on possible procedures for reporting violations of Union law and login details for logging into the notification system can be found on the carrier websites (www.smartwings.com).

18. FINAL PROVISIONS

18.1 EFFECTIVENESS

(a) These Conditions of Carriage become valid and come into effect on 07 February 2024, are issued in an electronic form and available at the carrier websites.
(b) In the event of a group reservation or of the carriage pursuant to Article 2.3 of these Conditions (Charter Flights), the flight or group reservation ordering party shall be obliged to allow the passengers to acquaint themself with these Conditions.
(c) Unless the applicable law, international agreement or directly applicable acts of the EU provide otherwise, law of the state of the carrier's residence is applicable to all legal relations resulting from these Conditions and all related rights (according to the Regulation 593/2008 (article 5 subsection 2) – Rome I). Similarly, according to the Regulation 1215/2012 (article 25) – Brussels I bis, the courts of the state of the carrier's residence have jurisdiction over all legal relations between the carrier and a passenger.
(d) This version of the Conditions is done in the English language. In case of disputes or uncertain interpretations of other language versions, the English language version shall always be the determining one.
(e) The validity and effect of the Conditions of Carriage for Passengers and Baggage in Air Transport dated 03 May 2017 expires on 07 February 2024.

Smartwings