Air Chathams Terms & Conditions Of Carriage

In these Terms and Conditions of Contract, Air Chathams Ltd is referred to as Air Chathams. These Terms and Conditions of Contract are referred to as Conditions. These Conditions apply to all carriage of passengers and baggage and freight by Air Chathams. These Conditions are to be read in conjunction with and subject to the provisions of all applicable laws including the limitations of liability in the Carriage by Air Act 1967 and the Carriage of Goods Act 1979.

RULES

Air Chathams may from time to time make separate regulations or rules or give notices or set other terms and conditions relating to specified carriage requirements. All such rules shall equally apply as these conditions as though fully set out herein.

CONTRACT OF CARRIAGE

All carriage of passengers, baggage and freight shall be performed pursuant to a contract of carriage between Air Chathams and the passenger. All contracts of carriage shall be subject to rules relating to such matters as terms of issue, period of validity, requirements for payment, fare structures, check in requirements, carriage of children and otherwise as Air Chathams might determine. A booking for any carriage is not effective unless a contract of carriage has been entered into. A booking is not a condition of carriage. While Air Chathams will endeavour to accommodate all passengers, a contract of carriage is not a guarantee of a seat on a particular flight service, or any particular aircraft or timely or other performance of any carriage. All contracts of carriage are specifically subject to the provisions detailed under the section in Schedules. These conditions apply also to gratis carriage except as may otherwise be set out in any rules. All contracts of carriage are subject to all the provisions of these Conditions.

TRAVEL PROCEDURES

Passengers must be checked in at least 45 minutes prior to the scheduled departure time to comply with regulatory requirements and to ensure timely departure procedures. Travel with Air Chathams is ticketless and every booking is assigned a unique reference number. At check in simply present your baggage and state your name. A suitable form of personal identification will also be required and evidence of age may be required for those travelling on Child fares. Air Chathams may cancel your booking if you fail to arrive at the appropriate check in location no later than 40 minutes prior to the scheduled departure time and you may forfeit all payments.

BAGGAGE

Baggage in these Conditions means baggage of the passenger carried on or in conjunction with the passenger's flight. All carriage of baggage is subject to these Conditions and to Rules setting out separate terms and conditions relating to baggage. Air Chathams may refuse to carry any passenger or baggage where these Conditions or any Rules relating to baggage are not complied with. Air Chathams may search any passenger or baggage to ensure such compliance. All carriage of goods not being baggage as defined herein shall be subject to similar Conditions and to any Rules determined by Air Chathams or other agreements made from time to time.

BAGGAGE ALLOWANCE AND RESTRICTIONS

Each fare paying passenger has a 20kg normal dimension baggage allowance. Each piece of baggage should not exceed total dimensions (length + width + height) of 158cm. Passengers travelling together may combine their baggage entitlement provided no individual item weighs more than 32kg. Infants travelling with a fare paying passenger are entitled to a 20kg normal dimension baggage allowance. Baggage in excess of the free allowance may be carried if space and load capacity permit. Excess baggage will be subject to a surcharge. Baggage is, where possible, carried on the same flight as the passenger. However, when this is not possible, it may be carried on the next available flight. Passengers are limited to one item of carry on baggage that must weigh less than 5kg and maximum total dimensions (length + width + height) of 115cm.

UNACCEPTABLE BAGGAGE ITEMS

Air Chathams advises that the following items may not be included in your checked baggage and Air Chathams accepts no liability for their damage or loss unless the items are identified and Air Chathams has in writing accepted them for carriage:

• Cash, negotiable bonds, deeds or other valuable documents;
• Jewellery, antiques or similar valuable items;
• Any item of a fragile or brittle nature e.g. glassware;
• Electrical or electronic components e.g. computers;
• Any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air,
• Undeclared dangerous goods are also unacceptable baggage items as shown below.

DANGEROUS GOODS

Dangerous goods may not be carried as baggage. A list of common dangerous goods is displayed at check in counters and further information is available on request. Passengers are requested to clarify any doubtful items prior to check in. Common examples are: knives, scissors, compressed gases, camping equipment, flammable liquids and solids, matches, firearms (may only be carried with approval as checked in baggage) and poisons and infectious substances. Dangerous goods may be carried at the discretion of Air Chathams as freight, if all packing and documentation regulatory requirements have been complied with.

BAGGAGE CLAIMS

Claims for immediately identifiable baggage damage or loss must be reported to the handling agent prior to the passenger leaving the airport. All damage not immediately identifiable must be reported to Air Chathams on discovery and at least within 24 hours of travel.

FARES

Fares apply only for carriage from the airport at point of departure to the airport at point of destination. All fares must be paid or secured to Air Chathams satisfaction prior to departure. The passenger must also pay any other charges that may be applicable or required including any airport departure tax, other taxes or charges, excess baggage surcharge, or otherwise. Terms and conditions of different fare classes may be set out in Rules determined by Air Chathams from time to time. Unless set out in such Rules, fares shall be non-refundable. Applicable fares at any time shall be published or advised by Air Chathams. All fares are quoted in New Zealand Dollars and include Goods and Services Tax (GST), unless otherwise specified. Fares are subject to price increases when not paid in full.

BOOKING RULES

Standard Air Chathams fare types are Black Robin, Weka, Taiko and Albatross. From time to time special fares may also be introduced for a limited period on selected flights.

SERVICE FEE

Air Chathams reserves the right to charge service fees for bookings. When service fees apply, they will be communicated to the customer and once a reservation is confirmed and or paid for, shall be non-refundable. .

PASSENGER NAME CHANGE CONDITIONS

The person identified as the passenger under the booking reference is the only person who can travel on that booking. Air Chathams permits name changes to the passenger up to 24 hours prior to the scheduled departure time unless fare conditions state otherwise.

BLACK ROBIN FARE CONDITIONS

• Fare levels available under these conditions may vary from flight to flight, over the booking time for a flight and may not be available on all flights.
• Liability for payment occurs at booking. Once the booking is completed these fares are non refundable and non transferable to another flight or fare class.
• Bookings may be made up to time of flight sales close off provided seats at a Black Robin fare level are available on the flight

WEKA FARE CONDITIONS

• Fare levels available under these conditions may vary from flight to flight, over the booking time for a flight and may not be available on all flights.
• Liability for payment occurs at booking. Once the booking is completed these fares are non refundable.
• Weka fares are transferable up to 24 hours before the scheduled departure time. If the same fare price as originally booked is unavailable the cost of upgrading to the best available is payable on rebooking.
• Bookings may be made up to time of flight sales close off provided seats at a Weka fare level are available on the flight.

TAIKO AND ALBATROSS FARE CONDITIONS

• Fare levels available under these conditions may vary from flight to flight, over the booking time for a flight and may not be available on all flights.
• Liability for payment occurs at booking.
• The following changes are permitted provided Air Chathams is notified more than 1 hour before the scheduled departure time of the booked flight.
• Change dates and times of a booked flight.
• Change origination and destination airports.
• Decide not to travel on the booked flight.
• Bookings may be made up to time of flight sales close off provided seats at either a Taiko or Albatross fare level are available on the flight.

SPECIAL FARES

From time to time Air Chathams may offer non standard fares. These special fares will have the following general booking rules together with others that may be advised at the time.

• Fare levels available under these conditions may vary from flight to flight, over the booking time for a flight and may not be available on all flights.
• Liability for payment occurs at booking.
• Bookings may be date or flight restricted (i.e. booking must be made within a certain time period or may only apply to some flights)
• Fares are non refundable, non transferable to another person or flight and not upgradeable to another fare type.

ROUTES AND SCHEDULES

Carriage will be performed on such routes and in accordance with such schedules as Air Chathams may from time to time publish. Air Chathams may vary such schedules or cancel any flights at any time. Air Chathams will use its best efforts to carry the passenger and baggage in accordance with the contract of carriage. However, timely or other performance is not guaranteed and the schedules and the times of any carriage are subject to change at any time without notice. In particular Air Chathams cannot guarantee the timely performance of any carriage where there is:

• Any fault or neglect of a passenger
• Any operational, maintenance, weather or emergency requirements affecting the aircraft.
• Force majeure or any matter outside Air Chathams' control. Air Chathams may offload or not carry any passenger or baggage in its discretion should weight limitations or seating capacity require this. Air Chathams reserves the right to without notice to substitute alternate carriers or aircraft for any carriage. Timetables published are subject to change without notice.

AIR CHATHAMS CONTROL OF FLIGHTS

Air Chathams has full authority and control in respect to the operational and safety aspects of all flights and may change the flight details, refuse carriage to any passenger or make any other decision in relation to a flight as it may consider appropriate.This authority and control may be exercised by a duly authorized representative of Air Chathams or the captain of the aircraft.

OBLIGATIONS OF AIR CHATHAMS WHERE CARRIAGE CANNOT BE COMPLETED

Where Air Chathams is unable to commence or continue any flight or carry any contracted passenger it will rebook the passenger on the next available Air Chathams flight. If alternative carriage time is not possible or suitable, the passenger may rebook with Air Chathams or receive a refund. A passenger who is refused carriage may receive a refund for such part of the carriage as may be applicable. Air Chathams has no obligation to a passenger who is late to check in for a flight and misses the flight.

LIMITATION OF LIABILITY

Air Chathams has no obligation or liability to any passenger for any unperformed or delayed carriage except as set out in these Conditions. In particular Air Chathams has no liability for any missed connections or appointments or for any consequential or other loss. This limitation of liability extends to Air Chatham''s agents, officers, servants and representatives.

CONSUMER GUARANTEES ACT

These Conditions are subject to the provisions of the Consumer Guarantees Act 1993 where they are applicable. Where any passenger undertakes or holds themselves out as undertaking carriage for the purpose of a business the provisions of the Consumer Guarantees Act 1993 shall not apply.

NO WAIVER OF CONDITIONS

No agent, representative, or employee of Air Chathams is authorized to waive the application of any of these Conditions or of any rules.

SERVICES

The provision of refreshments or other services on any flight shall be solely in Air Chatham's discretion.

NEW ZEALAND LAWS

These Conditions shall be governed by and interpreted in all respects in accordance with New Zealand law and subject to the jurisdiction of the New Zealand courts.

If you require clarification on any of the above points please feel free to contact us