Conditions of Carriage

In these Conditions, except where it is otherwise expressly provided, the following expressions have the following meanings:

“we”, “our” and “us” means Royal Brunei Airlines Sdn Bhd (“BI”).

“you”, “your” means any person holding a Ticket, carried or to be carried in an aircraft, except members of the crew (see also definition for “Passenger” and “Ticket”).

“Agreed Stopping Places” means those places, except the place of departure and the place of destination, set out in your ticket or shown in our timetables as scheduled stopping places on your route.

“Airline Designator Code” means the two or three letters or the letter and number which identify particular carriers.

“Authorised Agent” means a passenger sales agent who has been appointed by us to represent us in the sale of air passenger transportation over our services and, when authorised, over the services of other air carriers.

“Baggage” means such articles, effects and other personal property accompanying a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the passenger.

“Baggage Check” means those portions of your Ticket which relate to the carriage of your Checked Baggage.

“Baggage Identification Tag” means a document issued by us to you to identify each piece of your Checked Baggage.

“Carrier” means an air carrier other than us whose Designator Code appears on your Ticket or on a Conjunction Ticket.

“Carrier’s Regulations” means rules, other than these Conditions, published by Carrier and in effect on date of Ticket issue or commencement of carriage, as applicable, governing carriage of passengers and baggage and shall include any applicable tariffs in force.

“Check-In Deadline” means the time limit specified by us or a carrier by which you must have completed check-in formalities and received your boarding pass.

“Checked Baggage” means Baggage of which we take sole custody and for which we have issued a Baggage Check.

“Conditions of Carriage” means these conditions of carriage or another carrier’s conditions of carriage as the case may be.

“Conditions of Contract” means those statements contained in or delivered with your Ticket which incorporate by reference these Conditions of Carriage.

“Conjunction Ticket” means a ticket issued to you in conjunction with another Ticket which together constitute a single contract of carriage.

“Convention” means whichever of the following instruments are applicable:

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);

the Warsaw Convention as amended at The Hague on 28 September 1955;

the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;

the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal 1975;

the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 3 of Montreal 1975.

the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999.

“Coupon” means a paper Flight Coupon or an Electronic Coupon held in our database.

“Damage” includes death of, wounding of, or bodily injury to a passenger, and delay, loss, partial loss or other damage arising out of or in connection with carriage or other services incidental thereto performed by us.

“Days” means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or flight commenced, shall not be counted.

“Electronic Coupon” means an electronic Flight Coupon or other value document held in our database.

“Electronic Ticket” means the Itinerary Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.

“Fare” means the charge imposed by us for carriage of the passenger, but excluding for this purpose carriage pursuant to any charter agreement.

“Flight Coupon” means that portion of the Ticket that bears the notation ‘good for passage’ and indicates the particular places between which you are entitled, subject to these Conditions, to be carried.

“Force Majeure” means unusual and unforeseeable circumstances beyond our or your control, the consequences of which could not have been avoided even if all due care had been exercised.

“Issuing Carrier” means the Carrier by whom or, in the case of carriage pursuant to a charter agreement, under whose authority a ticket is issued.

“Itinerary Receipt” means a document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger’s name, flight information and notices.

“Passenger” means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.

“Passenger coupon” or “PASSENGER RECEIPT” means that portion of the ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.

“BI” means Royal Brunei Airlines Sdn Bhd

“Regulations” means Carrier’s Regulations.

“Special Drawing Right” (SDR) means a Special Drawing Right as defined by the International Monetary Fund.

“Stopover” means a scheduled stop on your journey, at a point between the place of departure and the place of destination.

“Tariff” means the published fares, charges, fees, taxes and related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.

“Ticket” means either the document entitled ‘Passenger Ticket and Baggage Check’ or an Electronic Ticket issued by us or on our behalf and includes the Conditions of Contract, notices and coupons.

“Unchecked Baggage” means any of your Baggage other than Checked Baggage.

2.1   GENERAL

2.1.1   Except as provided in Articles 2.2, 2.4, 2.5, these Conditions of Carriage apply to all flights we operate under the ROYAL BRUNEI AIRLINES designator code and to any situation where we have a legal liability to you in relation to your flight.

2.1.2   These Conditions also apply to gratuitous and reduced fare carriage except to the extent that Carrier has provided otherwise in its Regulations or in the relevant contracts, passes or tickets.

2.2   CHARTER OPERATIONS

If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated, by reference or otherwise, in the charter agreement or the Ticket, and, in the case of any inconsistency between these Conditions and the provisions contained or referred to in the charter agreement, the latter shall prevail. The passenger, by accepting the Carriage pursuant to the said charter agreement, whether or not concluded with the passenger, agrees to be bound by the applicable provisions of such agreement.

2.3   CODE SHARES

On some services we have arrangements, known as Code Shares, with other carriers. This means that even if you have a reservation with us and hold a ticket showing our name or our Airline Designator Code as the carrier, another carrier may operate the aircraft. if such arrangements apply, we will advise you of the carrier operating the aircraft at the time you make the reservation.

Our Conditions of Carriage will apply where we owe a legal liability to you. Provisions relating to baggage acceptance, check-in and boarding, refusal and limitation of carriage, conduct aboard aircraft, and schedules, delays and cancellation of flights may differ from the Conditions of Carriage of the operating carrier.

2.4   OVERRIDING LAW

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

2.5   CONDITIONS PREVAIL OVER REGULATIONS

Except as provided herein, in the event of inconsistency between these Conditions and Carrier’s Regulations, these Conditions shall prevail, except where Tariffs in force apply, in which case the Tariffs shall prevail.

3.1   TICKET PRIMA FACIE EVIDENCE OF CONTRACT

3.1.1   Except where carriage is to be performed pursuant to a charter agreement, the ticket constitutes prima facie evidence of the contract of carriage between Carrier and the passenger named on the ticket. Carrier will provide carriage only to the passenger holding a ticket, or holding, as proof of payment or part payment, any other document issued by or with the authority of Carrier. The ticket is and remains at all times the property of the issuing Carrier.

The conditions contained in the ticket are a summary of some of the provisions of these Conditions of Carriage.

3.1.2   REQUIREMENT FOR TICKET

Except in the case of an electronic ticket person shall not be entitled to be carried on a flight unless that person presents a ticket valid and duly issued in accordance with Carrier’s Regulations and/or any applicable charter agreement and containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Carrier or a person authorised by Carrier or its authorised Agent. In case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person provides positive identification and has a ticket valid and duly issued in accordance with Carrier’s Regulations and contained in Carrier’s database.

3.1.3   LOSS, ETC. OF TICKET

In case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, the issuing Carrier may at the passenger’s request and subject to Carrier’s Regulations and any applicable charter agreement, replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to Carrier that a ticket valid for the flights in question was duly issued.

3.1.4   TICKET NOT TRANSFERABLE

A ticket is not transferable. If someone other than the person entitled to be carried on a ticket travels pursuant to that ticket or is given a refund in connection therewith, Carrier shall not be liable to the person so entitled if, in good faith it provides carriage, or makes a refund. If a ticket is presented by someone other than the person entitled (subject to these Conditions) to be carried thereunder or to any refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage or makes a refund to the person presenting the ticket.

3.2   PERIOD OF VALIDITY

A ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof, except as otherwise provided in the ticket, these Conditions or Carrier’s Regulations. In the case however of a ticket issued in connection with carriage pursuant to any charter agreement, unless otherwise indicated in the ticket each flight coupon is valid only for the flight number and date shown therein or for such flight number and date as the Carrier may otherwise direct or agree.

3.2.1   EXTENSION OF VALIDITY

If a passenger is prevented from travelling within the period of validity of the ticket because Carrier:

a)   cancels the flight on which the passenger holds a reservation; or

b)   omits a scheduled stop, being the passenger’s place of departure, place of destination or a stopover; or

c)   fails to operate a flight reasonably according to schedule; or

d)   causes the passenger to miss a connection; or

e)   substitutes a different class of service; or

f)    is unable to provide previously confirmed space; the validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available in the class of service for which the fare has been paid.

3.2.2   When a passenger holding a ticket, is prevented from travelling within the period of validity of the ticket because at the time such passenger requests reservations Carrier is unable to provide space on the flight, the validity of such passenger’s ticket will be extended in accordance with Carrier’s Regulations.

3.2.3   When a passenger after having commenced his or her journey is prevented from travelling within the period of validity of the ticket by reason of illness, Carrier will extend, (provided such extension is not precluded by Carrier’s Regulations applicable to the fare paid by the passenger) the period of validity of such passenger’s ticket until the date when the passenger becomes fit to travel according to a medical certificate, or until Carrier’s first flight after such date from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. When the flight coupons remaining in the ticket, or in the case of an electronic ticket, the electronic coupon, involve one or more stopovers, the validity of such ticket, subject to Carrier’s Regulations, will be extended for not more than three months from the date shown on such certificate. In such circumstances, Carrier will extend similarly the period of validity of tickets of other members of the passenger’s immediate family accompanying an incapacitated passenger.

3.2.4   In the event of death of a passenger en route, the tickets of the persons accompanying the passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a passenger who has commenced travel, the validity of the passenger’s tickets and those of his or her immediate family accompanying the passenger may be likewise modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of the death.

3.2.5      The provisions of Article 3.2 above shall not apply to tickets issued in connection with carriage pursuant to any charter agreement.

3.3   FLIGHT COUPON SEQUENCE

3.3.1   Carrier will honour flight coupons, or in the case of an electronic ticket, an electronic coupon only in sequence from the place of departure as shown on the ticket.

3.3.2      The ticket may not be valid and Carrier may not honour the passenger’s ticket if the first flight coupon, or in the case of an electronic coupon for international travel has not been used and the passenger commences his or her journey at any stopover or agreed stopping place.

3.3.3   Each flight coupon, or in the case of an electronic ticket, an electronic coupon, will be accepted for carriage in the class of service (if any) specified therein on the date and flight for which accommodation has been reserved. When flight coupons, or in the case of an electronic ticket, an electronic coupon, are issued without a reservation being specified thereon (and otherwise for the purpose of carriage pursuant to a charter agreement), space will be reserved on application subject to the conditions of the relevant fare and the availability of space on the flight applied for.

3.4   NAME AND ADDRESS OF CARRIER

Carrier’s name may be abbreviated in the ticket. Carrier’s address shall be deemed to be the airport of departure shown opposite the first abbreviation of Carrier’s name in the “Carrier” box in the ticket, or in the case of an electronic ticket as indicated for the first segment in the itinerary/receipt.

Stopovers may be permitted at agreed stopping places subject to government requirements and Carrier’s Regulations.

5.1   GENERAL

Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town terminals, unless provided by Carrier without additional charge.

5.2   APPLICABLE FARES

Applicable fares are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier’s Regulations. Subject to government requirements and Carrier’s Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket. When the amount that has been collected is not the applicable fare the difference shall be paid by the passenger or, as the case may be, refunded by Carrier, in accordance with Carrier’s Regulations.

5.3   ROUTING

Unless otherwise provided in Carrier’s Regulations, fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing prior to issue of the ticket. If no routing is specified, Carrier may determine the routing.

5.4   TAXES AND CHARGES

Any tax or charge imposed by government or other authority, or by the operator of an airport, or by any service provider, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the passenger, except as otherwise provided in Carrier’s Regulations.

5.5   CURRENCY

Fares and charges are payable in any currency acceptable to Carrier. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with Carrier’s Regulations.

6.1   RESERVATION REQUIREMENTS

6.1.1   Reservations are not confirmed until recorded as accepted by Carrier or its authorised Agent.

6.1.2   As provided in Carrier’s Regulations, certain fares may have conditions which limit or exclude the passenger’s right to change or cancel reservations.

6.2   TICKETING TIME LIMITS

If a passenger has not paid the applicable fare for the ticket (or made credit arrangements with Carrier) prior to the specified ticketing time limit, Carrier may cancel the reservation.

6.3   PERSONAL DATA

The passenger recognises that personal data has been given to the Carrier for the purposes of reserving carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government authorities. For these purposes the passenger authorises Carrier to retain such data and to transmit it to its own offices, other carriers or the providers of such services, in whatever country they may be located.

6.4   SEATING

Carrier will endeavour to honour advance seating request, however, Carrier cannot guarantee any particular seat. Carrier reserved the right to assign or reassign seats at anytime, even after boarding of the aircraft. This may be necessary for operational, safety, security and any other reasons the Carrier deems fit and necessary.

6.5   SERVICE CHARGE WHEN SPACE NOT OCCUPIED

A service charge, in accordance with Carrier’s Regulations, may be payable by a passenger who fails to use space for which a reservation has been made.

6.6   RECONFIRMATION OF RESERVATIONS

Onward or return reservations may be subject to the requirement to reconfirm the reservation in accordance with and within the time limits specified in Carrier’s Regulations. Failure to comply with any such requirement may result in cancellation of any onward or return reservations.

6.7   CANCELLATION OF ONWARD RESERVATIONS MADE BY CARRIER

If a passenger does not use a reservation and fails to advise Carrier, Carrier may cancel or request cancellation of any onward or return reservations.

7.1   Check-In Deadlines are different at every airport and your journey will be smoother if you allow yourself ample time to Check-In. You must complete your check-in process and receive your boarding pass by the Check-In Deadline. We or our Authorised Agents will advise you of the Check-In Deadline for your first flight with us. Check-In Deadlines for all our flights can be found in our website or may be obtained from us or our Authorised Agents. Please find out the Check-In Deadline for your subsequent flights and comply with them. We reserve the right to cancel your reservation and not carry you if you do not comply with the Check-In Deadline.

7.2   We may refuse to carry, if passenger appear improperly documented and not ready to travel and if in our judgment, after consultation with the medical officer or doctor, the passenger is not medically fit to travel.

7.3   You must be present at the boarding gate not later than the time we give you when you check-in.  We may decide not to carry you if you fail to arrive at the boarding gate on time

7.4   We will not be liable to you for any loss or expense incurred due to your failure to comply with the provision of Articles 7.1, 7.2 and 7.3.

8.1   RIGHT TO REFUSE CARRIAGE

Carrier may refuse to carry or remove en route, if where appropriate and necessary, any passenger or passenger’s baggage, without any liability or obligation to make any refund to the passenger, for, including but not limited to, reasons of safety or security if, in the exercise of its reasonable discretion, Carrier determines that:

8.1.1   such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over; or

8.1.2   the conduct, age, or mental or physical state of the passenger is such as to:

a)   require special assistance of Carrier, or

b)   cause discomfort or make himself or herself objectionable to other passengers, or

c)   involve any hazard or risk to himself or herself or to other persons or to property; or

8.1.3   such action is necessary because the passenger has failed to or is likely to fail to observe the instructions of Carrier; or

8.1.4   the passenger has refused to submit to or to pass any security check; or

8.1.5   the passenger’s baggage has not been cleared for carriage by all appropriate baggage screening checks; or

8.1.6   the applicable fare or any charges or taxes payable have not been paid or such payment cannot be verified by the carrier, or credit arrangements agreed between Carrier and the passenger (or the person paying for the ticket) have not been complied with; or

8.1.7   the passenger

a)   does not appear to be properly documented, or

b)   may seek to enter a country through which he or she is in transit, or

c)   may destroy his or her documentation for travel during flight, or

d)   will not surrender travel documents to be held by the flight crew, against receipt, when so requested by the Carrier; or

8.1.8   the ticket

a)   has been acquired unlawfully, or fraudulently or has been purchased from an entity other than the issuing Carrier, its Authorised Agent or, in the case of carriage pursuant to a charter agreement, the charterer or its agent, or

b)   has been reported as being lost or stolen, or

c)   is a counterfeit ticket, or

d)   electronic coupon has been altered by anyone other than Carrier or its authorised agent, or in the case of a flight coupon has been mutilated and Carrier reserves the right to retain such ticket; or

8.1.9   the person presenting the ticket cannot prove that he or she is the person named in the ‘Name of Passenger’ box, and Carrier reserves the right to retain such ticket; or

8.1.10   in the case of carriage pursuant to a charter agreement

a)   any outstanding obligation owed by the charterer to Carrier under the charter agreement or otherwise has not been performed, or

b)   the charterer and any sub-charterer by or through whom accommodation on the flight has been made available to the passenger fails to hold any license, permission or authority required under applicable law and entitling him to do so.

8.2   LIMITATION ON CARRIAGE

8.2.1   Acceptance for carriage of unaccompanied children, incapacitated person(s), expectant mother or persons with illness may be subject to prior arrangement with Carrier, in accordance with Carrier’s Regulations.

8.2.2   It is required that the incapacitated passenger(s) with reduced mobility be accompanied by another passenger who is capable of providing the assistance required by the person(s), in order to meet the applicable safety requirements.

9.1   FREE BAGGAGE ALLOWANCE

9.1.1   We will carry some of your Baggage free of charge. Your free baggage allowance will be shown on your Ticket, or in the case of an Electronic Ticket, on your Itinerary/Receipt and will depend on our Regulations applying at the time of your flight. If you are in doubt, please ask us or our Authorised Agents for details of your free baggage allowance.

9.1.2   Passenger with disability may carry at no additional charges in the hold a fully collapsible wheelchair and/or mobility aid, if fully independent on either or both.

9.1.3   In compliance with global occupational health and safety regulations for baggage handling, each single piece of baggage that is check-in shall not exceed 32 KGS.

9.2   EXCESS BAGGAGE

We reserve the right to refuse to carry Baggage that exceeds the free baggage allowance. Such Baggage will be carried at our discretion subject to space and weight limitations. You must pay a charge for the carriage of Baggage in excess of the free baggage allowance at the rate described in our Regulations. We may levy this charge at your point of departure, stopover or destination.

9.3   ITEMS UNACCEPTABLE AS BAGGAGE

9.3.1   YOU MUST NOT INCLUDE IN YOUR BAGGAGE:

9.3.1.1   Items which do not constitute Baggage as defined in Article 1;

9.3.1.2   Whilst we endeavor to take great care of our passenger belongings, we cannot guarantee that delicate items are able to withstand baggage handling processes during carriage by air. Checked Baggage can also be delayed or lost, therefore items with a special value or which you may urgently need should be kept close to you in your Unchecked Baggage.

9.3.1.3  You are advised NOT to include in your Checked Baggage valuable items, fragile or perishable, dangerous or unsafe items such as:

• Computer(s), computer equipment, personal electronic devices;
• Loose or spare lithium batteries such as powerbanks;
• Items with a special value such as money, jewellery, precious metals, silverware;
• Negotiable papers, share certificate(s), business documents or samples, securities or other valuable documents;
• Cameras, video cameras and related equipment;
• Passport and other travel and/or identification documents or samples;
• Essential medicines;
• Items we determine are unsuitable for carriage by reason of their character, weight, size, shape, or which are fragile or perishable, or which are dangerous or unsafe, or which affect the comfort of passengers. Information about unacceptable items is available upon request from us or our Agents.

We will not be responsible and be made liable in the event of accidental damage or loss to them. You will be required to repack any such item(s) into Unchecked Baggage or make other arrangements for their transportation.

9.3.1.4   Items that are likely to endanger the aircraft or persons or property on board the aircraft, such as explosives, ammunition, compressed gases, corrosives, oxidizing, radio-active or magnetized materials, flammable liquids, radioactive materials, gels or materials that are easily ignited, or those specified in the International Civil Aviation Organisation (“ICAO”) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (“IATA”) Dangerous Goods Regulations, and in our Regulations (further information is available from us on request);

9.3.1.5   Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over;

9.3.1.6   Weapons such as, swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft, pursuant to ICAO Annex 17 Listings of Prohibited Items;

9.3.1.7   Certain replica weapons such as antique firearms and toys are only allowed in Checked Baggage, but must be declared to our Check-in Agents during check-in process. Airport Security personnel may be consulted to confirm the item, and they may deemed the item to be not allowed for carriage as is, then their judgment will be respected at all times by our Check-in Agents;

9.3.2   MUNITIONS

9.3.2.1   Carriage of Munitions of War onboard our aircraft are subject to prior approval and must be in accordance to the ICAO Guidelines for the Safe Transport of Dangerous Goods, and the requirement of the state of departure and the state of arrival authority(ies). Prior written permission must be sought from the Royal Brunei Police Force Commissioner.

9.3.2.2   Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in article 9.3.1.2 above;

9.3.2.3   Firearms other than for hunting and sporting purposes, munitions, explosives, and similar articles are prohibited from carriage as Baggage. We may at our discretion accept such articles for carriage only if they are transported as cargo in accordance with all applicable national and international laws and regulations governing carriage of dangerous goods;

9.3.2.4   The carriage of munitions is governed by country specific regulations, and you must obtain permits from the authorities of the countries you are travelling from and to, and notify us at least two (2) weeks for regional routes or one (1) month for international routes prior to your date of departure, and present the permits;

9.3.2.5   If, despite being prohibited, any items referred to in 9.3.1 and 9.3.2 are included in your Baggage, we shall not be responsible to such items. We do not accept liability for such items and you shall indemnify us for all claims or losses incurred.

9.4   RIGHT TO REFUSE CARRIAGE

9.4.1   Subject to article 9.3 we will refuse to carry as Baggage the items described in article 9.3.1 and 9.3.2, and we may refuse further carriage of any such items upon discovery.

9.4.2   We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.

9.4.3   Unless advance arrangements for its carriage have been made with us, we may carry on later flight’s Baggage which is in excess of the applicable free allowance, subject to your paying the appropriate charge.

9.5   RIGHT OF SEARCH

For reasons of safety and security, we may request that you permit a search and scan to be        made of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence, for the purpose of determining whether you are in possession of or whether your baggage contains any item described in Article 9.3 or any firearms or munitions which have not been presented to us in accordance with Article 9.3.2.2 or 9.3.1.5. If you are unwilling to comply with such request, we may refuse to carry you and your baggage. In the event a search or scan causes Damage to you, or an x-ray or scan causes Damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.

9.6   CHECKED BAGGAGE

9.6.1   Upon delivery to us of your Baggage which you wish to check, we will take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage.

9.6.2   Checked Baggage must have your name, initials or other personal identification affixed to it.

9.6.3   Checked baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight.  If your Checked Baggage is carried on a subsequent flight, we will deliver it to you, unless applicable law requires you to be present for customs clearance.

9.7   EXCESS VALUE DECLARATION AND CHARGE

9.7.1   You may declare a value for Checked Baggage in excess of the applicable liability limits set out in the Convention. If you make such a declaration, you shall pay the applicable additional charges in accordance with our Regulations.

9.7.2   We will refuse to accept an excess value declaration on Checked Baggage when a portion of the carriage is to be provided by another Carrier, which does not offer the excess value declaration facility.

9.8   CABIN or CARRY-ON BAGGAGE

9.8.1   Baggage which you carry on to the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive (more than 7KG) weight or size, or is considered unsafe for any reason, it will not be permitted in the cabin and must be carried as Checked Baggage.

9.8.2   Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments) and which do not meet the requirements of 9.8.1 above will only be accepted for transportation in the cabin compartment if you have given us notice in advance and we have granted permission in writing. You may be required to pay a separate charge for such transportation in accordance with our Regulations.

9.8.3   The carriage of certain items into the aircraft cabin, whether in your cabin baggage or otherwise, is restricted.  We have published a list of such items in our Regulations, but the list is constantly changing and varies from country to country.  We recommend that you verify the applicable list with our representative at each airport where you are taking your flight.  In general, these items include the following:

• sharp objects or cutting implements, such as knives, box cutters, scissors
• club-like objects or blunt instruments, such as baseball bats, softball bats
• liquids, aerosols, gels – these must be in containers of 100ml volume or less

Items remove by the screening authorities will not be return to you.

9.9   COLLECTION AND DELIVERY OF BAGGAGE

9.9.1   Subject to Article 9.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your checked baggage not be claimed within TWO (2) MONTHS of the time it is made available, we may dispose of it without any liability to us.

9.9.2   Only the bearer of the Baggage Check and Baggage Identification Tag, is entitled to delivery of the Checked Baggage. Failure to exhibit the Baggage Identification Tag shall not prevent delivery provided the Baggage Check is produced and the baggage is identified by other means.

9.9.3   If a person claiming the baggage is unable to produce the Baggage Check and identify the baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage, and if required by us, furnishes us with adequate security to indemnify us for any loss, damage or expense which we may incur as a result of such delivery.

9.9.4   Acceptance of your Baggage without complaint at the time of delivery shall constitute sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract and/or conditions of carriage.

9.10   ANIMALS

9.10.1    Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits and other documents required by countries of exit, entry or transit will, with the advance agreement of Carrier, be accepted for carriage as manifested cargo, subject to Carriers Regulations.

9.10.2   Assistance dog(s) accompanying sight or hearing impaired passengers can be taken into the aircraft cargo free of charge in addition to the normal free baggage allowance. The animal is not permitted in the aircraft cabin. It will be carried in the aircraft cargo hold in accordance with all applicable laws permit and shall travel as manifested cargo for countries known to prohibit the import/export of animal as Checked baggage. Appropriate assistance is required for incapacitated passenger(s) as set out in Article 8.2.2.

9.10.3   Our acceptance for carriage of animals is subject to the condition that you assume full   responsibility for your animal. Where carriage is not subject to the liability rules of the Convention, we shall not be responsible for their injury, loss of, sickness or death, except in the case of our own negligence. We shall have no liability for the animal not having the   necessary exit, entry, health and other documents necessary for the animal’s entry into or passage through any country, state or territory and you agree to reimburse us for any fines, costs, losses or liabilities imposed on or incurred by us as a result.

10.1   SCHEDULES

Subject to these Conditions generally, Carrier will use its best efforts to carry the passenger and his or her baggage with reasonable dispatch and to adhere to published schedules (if applicable) in effect on the date of travel, but no particular time is fixed for the commencement or completion of carriage. Subject thereto, Carrier may without notice substitute alternative carriers or aircraft and may alter or omit stopping places shown on the face of the ticket in case of necessity.

10.2   CANCELLATION, CHANGES OF SCHEDULE, ETC.

10.2.1   If due to circumstances beyond its control Carrier cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a passenger’s stopover or destination point, or causes the passenger to miss a connecting flight on which the passenger holds a reservation, Carrier shall either:

a)    carry the passenger on another of its scheduled passenger services on which space is available; or

b)    reroute the passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or the scheduled services of another carrier, or by means of surface transportation. If the sum of the fare, excess baggage charge and any applicable service charge for the revised routing is higher than the refund value of the ticket or applicable portion thereof, Carrier shall require no additional fare or charge from the passenger, and shall refund the difference if the fare and charges for the revised routing are lower; or

c)    make a refund in accordance with the provisions of Article 11; and shall be under no further liability to the passenger.

The provision of Article 10.2(1) shall not however apply to carriage pursuant to any charter agreement.

10.2.2   Carrier operates denied boarding compensation rules for scheduled departures details of which are available on application from the Carrier.

10.2.3   Except in the case of its acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, Carrier shall not be liable for errors or omissions in timetables or other published schedules, or for representations made by employees, agents or representatives of Carrier as to the dates or times of departure or arrival or as to the operation of any flight.

11.1   GENERAL

On failure by Carrier to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his or her arrangements, refund for an unused ticket or portion thereof shall be made by Carrier in accordance with this Article and with Carrier’s Regulations

11.2   PERSON TO WHOM REFUND WILL BE MADE

11.2.1   Except as hereinafter provided in this Article, Carrier shall be entitled to make refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof.

11.2.2   If a ticket has been paid for by a person other than the passenger named in the ticket, and Carrier has indicated on the ticket that there is a restriction on refund, Carrier shall make a refund only to the person paying for the ticket or to that person’s order.

11.2.3   Except in the case of lost tickets, refunds will only be made on surrender to Carrier of the passenger coupon or passenger receipt and surrender of all unused flight coupons.

11.2.4   A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself or herself out as a person to whom refund may be made in terms of Article 11.2.1 and 11.2.2 shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund.

11.3   INVOLUNTARY REFUNDS

If Carrier cancels a flight, fails to operate a flight reasonably according to schedule, fails to stop at a point to which the passenger is destined or ticketed to stop over, is unable to provide previously confirmed space or causes the passenger to miss a connecting flight on which the passenger holds a reservation, the amount of the refund shall be:

11.3.1   if no portion of the ticket has been used, an amount equal to the fare paid;

11.3.2   if a portion of the ticket has been used, the refund will be the higher of:

a)    the one way fare (less applicable discounts and charges) from point of interruption to destination or point of next stopover, or

b)    the difference between the fare paid and the fare for the transportation used.

11.4   VOLUNTARY REFUNDS

If the passenger wishes a refund of his or her ticket for reasons other than those set out in Article 11.1 to 11.3, the amount of the refund shall be:

11.4.1   if no portion of the ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees;

11.4.2   if a portion of the ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the ticket has been used, less any applicable service charges or cancellation fees.

11.5   REFUND ON LOST TICKET

11.5.1   If a ticket or portion thereof is lost, refund will be made on proof of loss satisfactory to Carrier and upon payment of any applicable service charge, on condition:

a) that the lost ticket, or portion thereof, has not been used, previously refunded or replaced;

b) that the person to whom the refund is made undertakes, in such form as may be prescribed by Carrier, to repay to carrier the amount refunded in the event and to the extent that the lost ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the ticket.

11.6   RIGHT TO REFUSE REFUND

11.6.1   After the expiry of the validity of the ticket, Carrier may refuse refund when application therefore is made later than the time prescribed in Carrier’s Regulations.

11.6.2   Carrier may refuse refund on a ticket which has been presented to Carrier or to Government officials of a country as evidence of intention to depart therefrom, unless the passenger establishes to the Carrier’s satisfaction that he or she has permission to remain in the country or that he or she will depart therefrom by another carrier or another means of transport.

11.7   CURRENCY

All refunds will be subject to Government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the ticket was paid for, but may be made in another currency in accordance with Carrier’s Regulations.

11.8   BY WHOM TICKET REFUNDABLE

Voluntary refunds will be made only by the Carrier which originally issued the ticket or by its Agent if so authorised.

11.9   OTHERS

The provisions of the Article do not apply to carriage provided or to be provided pursuant to any charter agreement or to any ticket issued in connection with such carriage.

12.1   GENERAL

If in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instruction of the crew, including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.

12.2   DIVERSION COSTS

If, as a result of your behaviour, we divert the aircraft to an unscheduled airport for the purpose of offloading you, you must pay us the reasonable and proper costs of the diversion, and all losses suffered by us, passengers, contractors arising from your misconduct.

12.3   ELECTRONIC DEVICES

For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including cellular telephones, laptop computers, portable recorders and radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies.  Operation of hearing aids and heart pacemakers is permitted. You will not operate any other electronic devices on board without our permission.

12.4   SEAT BELTS COMPULSORY

While in your seat on board the aircraft, you have the obligation to fasten your seat belt during the entire flight.

12.5   SMOKING ABOARD AIRCRAFT

Smoking onboard any aircraft we operate, including the use of electronic cigarettes and any other simulated smoking devices, is prohibited by the laws of Brunei Darussalam. All our flights are non-smoking flights. You will be liable to severe criminal penalties for violating this law and, in addition, we shall be entitled to refuse to carry you on any of our flights and to hold you liable for any costs we incur as a result of any flight disruption resulting from your action.

If in the course of concluding a contract of carriage by air, Carrier also agrees to make arrangements for the provision of additional services, Carrier shall have no liability to the passenger except for negligence on its part in making such arrangements.

14.1   GENERAL

14.1.1   You are solely responsible for obtaining all required travel documents, such as passports, and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.

14.1.2   We shall not be liable for the consequences to you resulting from your failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

14.2   TRAVEL DOCUMENTS

Prior to travel, you must present to us all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements or if your travel documents do not appear to be in order.

14.3   REFUSAL OF ENTRY

If you are denied entry into any country, you will be responsible to pay any fine, charge and cost of detention assessed against us by the Government concerned and the fare for transporting you from that country. We may apply to the payment of such fare the value of any unused part of your Ticket, and any of your funds in our possession. We will not refund to you the fare collected for carriage to the point of refusal of entry or deportation.

14.4   PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.

If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, you must reimburse us the amount we have paid or deposited and any expenditure so incurred. We may use towards such reimbursement the value of any unused part of your Ticket, or any of your funds in our possession.

14.5   CUSTOMS INSPECTION

If required, you shall attend inspection of your baggage, checked or unchecked, by customs or other Government officials. We are not liable to you for any loss or damage you suffer in the course of this inspection or through your failure to comply with this requirement.

14.6   SECURITY INSPECTION

You shall submit to any security checks by Government, airport officials, carriers, or by us.

Carriage to be performed by us and other Carriers under one Ticket, or under a Conjunction Ticket is regarded as a single operation for the purposes of the Convention. However, please note Article 16 below.

16.1   Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which Convention applies.

16.2   In carriage which is not international carriage to which the Convention applies:

16.2.1   Carrier shall be liable for damage to a passenger or his checked baggage only if such damage has been caused by the negligence of Carrier. If there has been contributory negligence on the part of the passenger, Carrier’s liability shall be subject to the applicable law relating to contributory negligence;

16.2.2   except in the case of acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result:

a)    the liability of Carrier with respect to each passenger for death, wounding or other bodily injury shall be limited to the sum of 100,000 Special Drawing Rights provided that if in accordance with applicable law a different limit of liability is acceptable such different limit shall apply;

b)    the liability of Carrier in the case of damage to checked baggage shall be limited to 17 Special Drawing Rights per kilogram and in the case of damage to unchecked baggage shall be limited to 332 Special Drawing Rights per passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply;

c)    the making of any advance payment shall not constitute recognition of any liability on the part of the Carrier;

d)    With respect to delay, Carrier shall be under no liability except as provided in these Conditions of Carriage;

e)    Carrier shall in no circumstances be liable for any indirect or consequential damages arising from any loss of or damage or delay to any baggage or any delay to any passenger (including any loss of earnings or profits, loss of business opportunity or loss of revenue arising from loss of use).

16.3   To the extent not in conflict with the foregoing and whether or not the Convention applies:

16.3.1   Carrier is liable only for damage occurring on its own line. A Carrier issuing a ticket or checking baggage over the lines of another Carrier does so only as agent for such other Carrier. Nevertheless, with respect to checked baggage the passenger shall also have the right of action against the first or last Carrier;

16.3.2   Carrier is not liable for damage to cabin or carry-on baggage unless such damage is caused by the negligence of Carrier. If there has been contributory negligence on the part of the passenger, Carrier’s liability shall be subject to the applicable law relating to contributory negligence;

16.3.3   Carrier is not liable for any damage arising from its compliance with any laws or Government regulations, orders or requirements, or from failure of the passenger to comply with the same;

16.3.4   If the weight of checked baggage is not recorded on the baggage check, it is presumed that its total weight does not exceed the applicable free baggage allowance. If a higher value is declared for checked baggage pursuant to Article 9.2, the liability of Carrier in respect thereof shall be limited to such higher declared value;

16.3.5   Carrier’s liability shall not exceed the amount of proven damages. Carrier shall furthermore not be liable for indirect or consequential damages. In the event of delivery to the passenger of part but not all of his Checked baggage, or in the event of damage to part but not all of such baggage, the liability of the Carrier with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, notwithstanding the value of any part of the baggage or contents thereof;

16.3.6   Carrier shall not be liable for preexisting damage, including minor cuts, scratches, wear and tear, broken zippers as a result of over packing, or for items that protrude from luggage such as wheels, luggage feet and retractable handles.

16.3.7   Carrier is not liable for damage to a passenger’s baggage caused by property contained in such passenger’s baggage. Any passenger whose property causes damage to another person’s property or to the property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof;

16.3.8   Carrier is not liable for damage to fragile or perishable items, money, jewellery, precious metals, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, which are included in the passenger’s checked baggage whether with or without the knowledge of the Carrier;

16.3.9   If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, Carrier shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition;

16.3.10   Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, employees and representatives of Carrier and any person whose aircraft is used by Carrier and such person’s agents, employees and representatives. The aggregate amount recoverable from Carrier and from such agents, employees, representatives and person shall not exceed the amount of Carrier’s limit of liability.

16.4   Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.

16.5   For Carriers who are Parties to Montreal Agreement:

Special Agreement applicable to carriage to, from or with an agreed stopping place in United States of America (see applicable U.S tariffs).

17.1    Carrier shall avail itself of the limitation of liability provided in the Convention. However, in accordance with Article 22(1) of the Convention, ROYAL BRUNEI AIRLINES and certain other Carriers agree that as to all international carriage by such Carriers to which the Convention applies and which according to the Contract of Carriage includes a point in the United States of America as a point of origin, a point of destination or agreed stopping place:

17.1.1   The limit of liability for each passenger for death, wounding or other bodily injury shall be the sum US$75,000 inclusive of legal fees and costs except that, in the case of a claim brought in a State where provision is made for separate award of legal fees and costs, the limit shall be the sum of US$58,000 exclusive of legal fees and costs;

17.1.2   such Carriers shall not, with respect to any claim arising out of the death, wounding or other bodily injury of a passenger, avail themselves of any defence under Article 20(1) of the Convention.

17.2   Nothing herein shall be deemed to affect the rights and liabilities of such Carriers with regard to any claim brought by, on behalf of, or in respect of, any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a passenger.

17.3   The names of Carriers party to the agreement referred to in this Paragraph are available at all ticket offices of such Carriers and may be examined on request. Each of such Carriers has entered into the said agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability on any other Carrier with respect to the portion of the carriage performed by such other Carrier or assumed any liability with respect to the portion of the carriage performed by such other Carrier.

18.1   BAGGAGE CLAIMS

Notwithstanding Clause 9.9.4, you are entitled to file a claim or an action to the Carrier after the discovery of the damage or at the latest within SEVEN (7) DAYS from the date of receipt. In the case of delay, the claim or action must be made at the latest within TWENTY-ONE (21) DAYS from the date of which the baggage has been placed at your disposal. Every claim or action must be made in writing and made within the time frame mentioned above.

18.2   LIMITATION OF ACTIONS

You will have no right to any Damage if an action is not brought within two (2) years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

No Agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.

In addition to these Conditions of Carriage, we have other Regulations that apply to the carriage of Passengers and their Baggage. You have to comply with these regulations except as provided in Article 2.5. These Regulations, as amended from time to time, concern matters such as the carriage of unaccompanied minors, expectant mothers and sick passengers; and restrictions on use of electronic devices. You may obtain a copy of these Regulations from our website: www.flyroyalbrunei.com

The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.

Name of Carrier: ROYAL BRUNEI AIRLINES SDN BHD

Abbreviation of Name:    BI