Terms and Conditions of Carriage
Article 1
Definitions
1.1

Meanings : In these Terms & Conditions, these particular expressions have the following meanings:

  • "Baggage" or "baggage" means personal property accompanying passenger in connection with the Journey Unless otherwise specified, it includes both your Checked and Unchecked Baggage;

  • "Baggage Check" means a document issued to Passenger by the airline as a receipt for Checked Baggage and which relates to the carriage of Checked Baggage and includes the Baggage Identification Tag.

  • "Baggage Identification Tag" means a document issued by the airline solely for identification of Checked Baggage.

  • "Checked Baggage" or “Registered Baggage”. means baggage of which the airline takes custody and for which a Baggage Identification Tag is issued ;

  • "Conditions of Contract" means those statements contained in or delivered with the Itinerary, identified as such and which incorporate by reference, these Terms & Conditions and notices available at the offices of the airline and check-in counters.

  • "Damage" includes death, bodily injury to a passenger, delay, loss, partial loss or other damage, arising out of or in connection with carriage or other services incidental thereto performed by the airline

  • "Electronic Coupon" means an electronic flight coupon or other value document held in the airline database.

  • "Electronic Ticket" means the Itinerary issued by the airline or on behalf of the airline, the Electronic Coupon and if applicable, a boarding document.

  • "Flight Coupon" means that portion of the Ticket that bears the notation "good for passage" or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which the Passenger is entitled to be carried.

  • "Itinerary" means the document issued to the Passenger that includes the Passenger's name, flight information, Conditions of Contract and notices.

  • "Passenger", means any person, except members of the crew, carried or to be carried in an aircraft with the consent of the airline.

  • "Sector" means the flight from the airport at the point of origin to the airport at the point of destination.

  • "Seat" means a seat in the aircraft.

  • "Tariff" means the fares and charges published by the airline electronically or on paper.

  • "Ticket" means the Itinerary and includes the Electronic Ticket and Electronic Coupon issued by or on behalf of the airline and includes the Conditions of Contract and notices contained in it.

  • "Terms & Conditions" means these Terms and Conditions of Carriage.

  • "Unchecked Baggage", means any baggage other than Checked Baggage including all items of the Passenger accepted by the airline for carriage in the aircraft.

  • "airline”, “We", "our", "ourselves","" and "Carrier" means KANG PACFIC AIRLINES

  • "Web site" means the internet site www.flykpa.com provided by the airline for the purpose of Passengers making online bookings and to access information about the airline.
 
 
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1.2 Captions : The title or caption of each Article of these Terms & Conditions is for convenience only and is not to be used for interpretation of the text.
   
Article 2
 
Applicability
   
2.1
General : These Terms & Conditions apply to the carriage by air or by other means of transportation including surface transportation of Passengers and Baggage performed by or on our behalf of the airline and to any liability we may have in relation to that carriage and transportation.
   
2.2
Terms & Conditions Prevail : Except as provided in these Terms & Conditions, in the event of inconsistency between these Terms & Conditions and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail.
   
2.3
Language : The language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other languages, English shall be the sole language used in the interpretation of these Terms & Conditions.
   
Article 3
   
Tickets / Itinerary
3.1
Prima Facie Evidence Of Contract : The Itinerary is prima facie evidence of the contract for carriage between passenger and us. The Itinerary, these Terms & Conditions and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between the Passenger and the airline
3.2 Transferability : The contract for carriage is only transferable as provided in these Terms & Conditions and the airline Conditions of Contract.
   
3.3 Validity : The Itinerary is only valid for the Passenger named and the flight specified therein.
 
3.4
Identity : The airline will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. The Passenger will be required to produce appropriate identification at check-in.
 
 
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Article 4
   
Fares
   
4.1
General : Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise specifically stated by the airline. The airline is a strictly a point-to-point carrier and shall not be responsible to the Passenger for any connecting flights. The airline hall not be liable to the Passenger for your failure to meet any connecting flights.
   
4.2
Infants : The fares for infants under the age of two (2) years (on the date of travel) but above eight (8) days old are provided for in the fee schedule. An infant may travel provided he sits on an adult's lap. Only one (1) infant is allowed for one (1) adult. No baby seats or perambulators are allowed on board the aircraft.
   
4.3 Currency : Fares and charges are payable in the currency prescribed with published fares of the airline unless otherwise specifically stated.
   
4.4
Accuracy : All fares, flight schedules and routes published are correct at the time of publication. The airline reserve the right to revise any fares and flight schedules at any time and from time to time without prior notice.
   
4.5
Applicable Fares : Applicable fares are those published by or on behalf of the airline, whether electronically or by way of other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated.
   
 
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Article 5
   
Booking of Seats
   
5.1
Confirmation of Booking : The booking of a Seat is confirmed after full payment of the fare is made and after the issue a booking number and/or the Itinerary. Once confirmed, the booking cannot be cancelled and payments made are not refundable.
   
5.2
Flight Change : Inside of twenty four (24) hours prior to the scheduled flight departure time, no changes are allowed. The charges for flight change outside of twenty four (24) hours prior to the scheduled flight departure time are provided for in the fee schedule, subject to the following conditions:
 
(a)
if the new flight booked is in a lower fare class than that of the cancelled booked flight, the difference in fares will not be refunded to the passenger;
(b)
if the new flight booked is in a higher fare class than that of the cancelled booked flight, the difference in fares shall be paid by the passenger before the cancellation or change can be made;
(c)
 the change is not confirmed until the issue of a new booking number and/or new Itinerary.
(d)
 changes on route(s) are not allowed.
   
5.3
Payment : Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, the airline reserve the right to cancel the booking prior to check-in and/or to disallow the Passenger to board the aircraft.
   
5.4
Personal Data : The Passenger hereby acknowledges and agrees that personal data has been provided to the airline ,or the purposes of making bookings for carriage and to provide the Passenger with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and facilitate any future dealings with Passenger. For these purposes, by entering into a contract of carriage with the airline the Passenger authorizes the airline to retain and use personal data and to transmit same to its own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above.
   
5.5
Seating : There are no seat allocations according to specific seat numbers. The airline operate a single-class and free-seating policy. Priority for boarding is given to the handicapped, elderly and those traveling with children. 
 
 
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Article 6
   
Checking and Other Requirements of Carriage
6.1
Check-In, Deadlines and Conditions : The check-in counters are open three (3) hours before the scheduled flight departure time. The counters close forty-five (45) minutes before the scheduled flight departure time. Check-in deadlines may vary at different airports and for particular flights. It is the responsibility of the Passenger to ensure compliance with these deadlines particulars of which will be available at the time of making the booking. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, the airline reserve the right not to allow the Passenger to check in without any liability to the Passenger and without having to refund any fare paid:
 
(a)
 if the Passenger attempts to check in inside forty-five (45) minutes before the scheduled departure time of your flight;
(b)
 if the Passenger fails to have proper identification or fail to identify him/herself to the airline staff;
(c)
 if the Passenger fails to have the proper documents, permits, visa, necessary for travel to a particular place or country;
(d)
 if the Passenger has not fully paid any fare or other fees or charges due to the airline ;
(e)
 if the Passenger has been violent to the airline staff or caused disturbance at the counter or abused airline staff whether physically or verbally;
(f)
 if the Government or other authorities prohibits the Passenger checking in or boarding the aircraft;
(g)
 if in the judgment of the airline, the Passenger is not fit to travel due to drunkenness or any obvious adverse medical condition; and/or
(h)
if in the judgment of the airline ,the Passenger is not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other passengers.
   
6.2
Boarding : The Passenger must be at the boarding gate at least thirty ( 30) minutes before the scheduled departure time. Passengers who fail to report at the departure gate will not be entitled to any refunds, credit or free transfer of flights. Airline reserve the rights to off load the Passenger along with the baggage.
   
6.3
No-show : If the Passenger fails to check in on time or fail to board the aircraft by the time the aircraft departs, the fare paid by the Passenger will not be refunded for any reason whatsoever.
   
6.4
Compliance : The Passenger is solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms & Conditions, notices and instructions given by the airline relating thereto. The airline shall not be liable in any way whatsoever to the Passenger in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for any consequences resulting from failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.
   
6.5
Travel Documents : The Passenger is responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. The airline reserves the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.
   
6.6
Refusal of Entry : The Passenger agrees to pay the applicable fare and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to inadmissibility into a country, whether of transit or destination. In such circumstances the airline will not refund the fare to the Passenger.
   
6.7
Passenger Responsible for Fines, Detention Costs, etc. : If the airline is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the Passengers’ failure to comply with laws, regulations, orders, demands or other travel requirements of the countries flown from, into or over or to produce the required documents, the Passenger shall on demand reimburse any amount so paid or expenditure so incurred or to be paid. The airline may apply towards such payment or expenditure the value of any carriage unused by or any funds due to the Passenger in the possession of the airline.
   
6.8 Security Inspections : The Passenger shall submit to any security or health checks by Government or airport officials or by the airline.
 
 
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Article 7
   
Refusal and Limitation of Carriage
   
7.1 Right to refuse carriage : the airline may refuse carriage of the Passenger or his baggage for reasons of safety or if, in the exercise of the reasonable discretion, of the airline it is determined that:
 
(a)
 such action is necessary for reasons of safety or security;
(b)
 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;
(c)
The conduct, status, age or mental or physical condition of the Passenger or the physical condition of the baggage is such as to (i) require special assistance or (ii) cause harm, discomfort or make the Passenger objectionable to other passengers or our crew or (iii) involve any hazard or risk to the Passenger or other persons or to property;
(d)
 The Passenger has committed and act of misconduct on a previous flight and such conduct may be repeated;
(e)
 The Passenger has not observed, or is likely to fail to observe, airline instructions;
(f)
 The Passenger has refused to submit to a security check;
(g)
 the applicable fare or any charges or taxes payable have not been paid;
(h)
 ithe payment of the fare is fraudulent;
(i)
 The passenger does not have the proper documents for travel;
(j)
 the booking of our Seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by the airline;
(k)
 the credit card by which the fare was paid has been reported lost or stolen;
(l)
 the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;
(m)
 the Itinerary has been altered by anyone other than airline or its authorized agent, or has been mutilated (in which case the airline reserves the right to retain such documentation); and/or
(n)
 the person checking in or boarding cannot prove that he is the person named as the passenger on the Itinerary (the airline reserves the right to retain such Itinerary in such circumstances).
   
7.2 Unaccompanied Child : Children below age 12 will not be accepted for carriage unless they are accompanied by a person of at least 18 years of age.
   
7.3
Special Assistance : Acceptance for carriage of incapacitated persons, persons with illness or other people requiring special assistance is subject to prior arrangement with the airline. Passengers with disabilities who have advised of any special requirements they may have at the time of booking of the Seat and been accepted by the airline, shall not subsequently be refused carriage on the basis of such disability or special requirements. The airline may charge a fee for providing these special requirements.
   
7.4 Pregnant Passengers : It is the duty of pregnant passengers to advise the airline of the progress of their pregnancy at the point of booking of Seat and at the check-in counter. The carriage of pregnant passengers are subject to the following conditions:
 
(a)
 Pregnancy up to 28 weeks: the airline will carry without a doctor's certificate subject to the Passenger signing a Limited Liability Statement.
(b)
Pregnancy 28 weeks to 35 weeks: Passenger shall produce a doctor's certificate confirming that she is fit to travel which certificate shall have validity of not less than seven (7) days from the scheduled flight departure date. The Passenger will be required to sign a Limited Liability Statement.
(c)
 Pregnancy 36 weeks and above: The airline will refuse carriage.
   
7.5
Infants less than 8 days-old: The airline reserve the right not to carry infants less than eight (8) days-old. Tech airline may in its absolute discretion decide to carry such infants on flights when such carriage is expressly sanctioned in writing by a medical practitioner and when the parent of the infant signs a limited liability statement.
 
   
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Article 8
   
Baggage
   
8.1 Items Unacceptable as Baggage or to be Carried Inside Baggage : The airline reserves the right to refuse carriage of such baggage or such items found in baggage as follows:
 
(a)
 Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling;
(b)
Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms & Conditions and Conditions of Contract.
(c)
 Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over;
(d)
 Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
(e)
 Fragile or perishable items;
(f)
 Live or dead animals;
(g)
 Human or animal remains;
(h)
 Firearms and ammunition;
(i)
Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium) corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches).
(j)
Weapons such as antique firearms, swords, knives and similar items provided that such items may be allowed as checked baggage at the absolute discretion of the airline for very special reasons. These cannot be carried into the aircraft for any reason whatsoever.
   
8.2
Valuable and Fragile Goods : Passengers are strongly advised not to check in such items as baggage. If they are checked in as baggage, passengers agree that carriage of such items is at their own risk. Such items include money, jewellery, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like.
   
8.3
Right to Search : For reasons of safety and security, the airline may require the Passenger to undergo a search, x-ray or other type of scan on the Passengers person or Baggage. The airline reserves the right to search the Passengers Baggage in the absence of the Passenger if he/she is not available, for the purpose of determining whether he/she is in possession of or whether such Baggage contains any unacceptable or prohibited items. If the Passenger refuses to comply with such searches or scans the airline reserves the right to refuse carriage of the Passenger and his/her Baggage without refund of fare and without any other liability towards the Passenger. In the event that a search or scan causes injury to you or damage to your Baggage, the airline hall not be liable for such injury or damage unless the same is due to its fault or negligence.
   
8.4
Checked Baggage : Upon delivery to the airline of Baggage to be checked, the airline shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have the name or other personal identification of the Passenger affixed securely to it. Checked Baggage will be carried on the same aircraft as the Passenger unless the airline decides for safety, security or operational reasons to carry it on an alternative flight. If Checked Baggage is carried on a subsequent flight the airline will deliver same to the Passenger within a reasonable time of arrival of that flight unless applicable law requires the Passenger to be present for customs clearance.
   
8.5
Free Baggage Allowance : The Passenger may transport free of charge checked Baggage up to a maximum weight of 20 kgs subject to the conditions and limitations contained in our Terms & Conditions. The Passenger is permitted to carry Checked baggage not exceeding 30 kgs when travel on any journey originates in the UAE and ends in Sri Lanka and or a point in India.
Applicable Free Baggage Allowance ex TRZ/TRV or BKK to CMB is 30kgs
   
8.6
Excess Checked Baggage : The Passenger is not entitled to transport Baggage in excess of the free baggage allowance. If, in the absolute discretion of the airline , Baggage in excess of the free baggage allowance is accepted for carriage, the Passenger shall pay a charge for the carriage of that excess Baggage at the rates provided for in the fee schedule (which rates may be changed or varied at any time and from time to time and will be available upon request at check-in counters).
   
8.7
Unchecked Baggage : Only one (1) piece of baggage is allowed to be carried on board provided that it does not exceed the dimensions of 55CMX40CMX20CM and provided that it does not weigh more than 7kg. Such baggage must fit under the seat in front of the Passenger or in an enclosed storage compartment in the cabin. Items determined by the airline to be of excessive weight or size or of an offensive nature will not be permitted on board.
   
8.8
Collection and Delivery of Baggage : The Passenger shall collect his /her Baggage as soon as it is available for collection at the end of the journey. If the Passenger does not collect it within a period of 07dayime and the baggage needs to be stored The airline may charge a storage fee. If Checked Baggage is not claimed within three (3) months of the time it was made available for collection, the airline may dispose of it without incurring any liability towards the Passenger . Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked is entitled to delivery of Baggage. If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, it will be delivered such person only on condition that he has established to the satisfaction of the airline his right thereto, and if required such person shall furnish adequate security to indemnify the airline for any loss, damage or expense which may be incurred as a result of such delivery. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage.
 
 
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Article 9
 
Schedules , Cancellations
 
9.1
Schedules : The airline will use our best efforts to avoid delay in carrying the Passenger and his/her baggage. The airline will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and the airline shall not be liable in any way whatsoever for any loss incurred by the Passenger as a result of such change.
 
9.2
Cancellation, Changes of Schedules : At any time after a booking has been made the airline change its schedules and/or cancel, terminate, divert, postpone reschedule or delay any flight where it reasonably considers such action to be justified by circumstances beyond its control or for reasons of safety or commercial reasons. In the event of such flight cancellation, the airline shall at its option, either:
 
(a)
carry you at the earliest opportunity on another of its scheduled services on which space is available without additional charge and, where necessary, extend the validity of the Passengers booking; or
(b)
should the Passenger choose to travel at another time, retain the value of the fare in a credit account for future travel provided that the Passenger re-books within three (6) months from date of such cancellation.
(c)
 Make a refund to you in accordance with these Terms and Conditions
 
9.3
Sole remedies : Upon the occurrence of any of the events set out in Article 9.1 the options outlined in Article 9.2 (a) to (c) are the sole and exclusive remedies available to the Passenger and the airline shall have no further liability.
   
9.4 Denied Boarding: If the airline is unable to provide the Passenger with previously confirmed space on any flight as a result of over-booking, it shall provide the Passenger with compensation in accordance with the denied boarding compensation policy as referred to in the airlines’ Carrier ’ s Regulations.
Article 10
   
Conduct Aboard Aircraft
   
10.1 If in the reasonable opinion of the airline the Passenger conducts him/herself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct or hinder 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, use of cellular telephones, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers of the crew, the airline may take such measures as it deems necessary to prevent continuation of such conduct including restraint. The Passenger may be disembarked and refused onward carriage at any point and may be prosecuted for offences committed on board the aircraft.
   
10.2 If as a result of the Passengers’ conduct the airline decides, in exercise of reasonable discretion, to divert the aircraft for the purpose of offloading the Passenger , then the Passenger shall be liable for all costs of whatsoever nature which are incurred as a result of or arising in relation to such diversion.
   
10.3 For safety reasons, the airline may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and alimentative. Operation of hearing aids and heart pacemakers is permitted.
   
10.4 Passengers are not allowed to consume their own food on board. No smoking is permitted on any of the flights.
 
   
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Article 11
   
Advice to International Passengers on Limitation of Liability and Notice of Baggage Liability Limitations
   
 

Passengers on a journey involving an ultimate destination or a stop in a country other than the country of origin are advised that the provisions of a treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers on a journey to, from or with an agreed stopping place in the United States of America, the Convention and special contracts of carriage embodied in applicable tariffs provide that the liability of certain carriers, parties to such special contracts, for death of or personal injury to passengers is limited in most cases to proven damages not to exceed US$75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part of the carrier. For such passengers travelling by a carrier not a party to such special contracts or on a journey not to, from, or having an agreed stopping place in the United States of America, liability of the carrier for death or personal injury to passengers is limited in most cases to approximately US$20,000.

Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately US$20.00 per kilo for checked baggage and US$400.00 per passenger for unchecked baggage.

   
Article 12
   
Refunds
12.1 General: There shall be no refund whatsoever unless in the circumstances as provided herein or in our Carrier’s Regulations.
   
12.2 Taxes:  If after having made a reservation you do not fly with us, whether or not a refund of the fare is payable, you will be entitled to claim a refund of any taxes advised to you and payable by you, which as a consequence we have no obligation to pay to any Government or other authority. We reserve the right to deduct an administration fee as provided in the fee schedule, from any such refund where you fail to fly with us despite a flight being available .
   
12.3 Proper person /Mode of Refund: In the event that we make a refund, it shall be made in the same mode of payment as was originally made for the reservation and to the person who has paid for the Seat upon presentation of identification and satisfactory proof of such payment.
   
12.4 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 our Carrier's Regulations.
 
   
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Article 13
   
Time Limitation on Claims and Actions
   
13.1 Notice of Claims : Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless it is proven otherwise. If the Passenger wishes to file a claim or an action regarding Damage to Checked Baggage, the Passenger must notify the airline as soon as such Damage is discovered, and at the latest, within seven (7) days of receipt of the Baggage. If the Passenger wishes to file a claim or an action regarding delay of Checked Baggage, he/she must notify the airline within twenty-one (21) days from the date the Baggage has been placed at the Passengers disposal. Every such notification must be in writing and posted or delivered to the airline within the above periods.
   
13.2 Limitation of actions : Any right to damages shall be extinguished if an action is not brought against the airline within two (2) years of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by law of the court where the case is heard.
   
   
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Article 14
   
Modification and Waiver
   
  None of agents, employees nor representatives of the airline has authority to alter, modify or waive any provisions of these Terms & Conditions.
   
 
 
     
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