Turks and Caicos Islands airline - SkyKing Airlines serving Providenciales, Grand Turk, Bahamas, Dominican Republic, Haiti Turks and Caicos Islands airline - SkyKing Airlines serving Providenciales, Grand Turk, Bahamas, Dominican Republic, Haiti
Search Flights and Fares for Turks and Caicos Airline - SkyKing serving the Turks and Caicos and the Caribbean region from Providenciales

EFFECTIVE 2007

TRANSPORTATION OF PASSENGERS AND BAGGAGE BY TCI SKYKING LIMITED IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, IN ADDITION TO ANY TERMS AND CONDITIONS PRINTED ON OR IN ANY TICKET, TICKET JACKET OR E-TICKET RECEIPT,OR SPECIFIED ON ANY INTERNET SITE OR IN PUBLISHED SCHEDULES. BY PURCHASING A TICKET OR ACCEPTING TRANSPORTATION, THE PASSENGER AGREES TO BE BOUND THEREBY.

PRICES QUOTED ARE SUBJECT TO CHANGE AND MUST BE VERIFIED WITH THE CARRIER.

 

Contract of Carriage Effective 01-Aug-03

TABLE OF CONTENTS
RULE
Acceptance of Children/Minors and Infants
9
Application of Contract
3
Baggage
18
A) General Conditions of Acceptance
18
B) Free Baggage Allowance
18
C) Weight/Size/Excess Limitations and Charges
18
D) Special Items
18
E) Animals
18
Cancellation of Reservations
5
Customer Service - Complaints
24
Definitions
1
Denied Boarding Compensation
20
Flight Delays/Cancellations/Aircraft Changes
19
Ground Transfer Service
13
Additional Liability Limitations
23
Medical Services
11
Refunds
22
Refusal to Transport
16
Rerouting
21
Reservations-Confirmation/Fare Quotes/Disclosures
4
Returned Check Charge
8
Screening of Passengers and Baggage
15
Service Animals
12
Smoking Policy
17
Special Services
10
Standard Format of Electronic Rules for Tariff Filing Purposes
2
Tickets
6
Ticket Validity Period
7
Travel Documents
14

RULE 1 - DEFINITIONS

As used in this Contract of Carriage, the following terms, whether or not capitalized, shall have the meanings ascribed below:

Adult means a person who has reached his/her twelfth birthday as of the date of commencement of travel.

Animals means, the usual connotation of domestic pets as well as reptiles, birds and fish.

Arbitrary means an amount published for use only in combination with other fares for the construction of Through Fares. It is also referred to as "Proportional Fare", "Basing Fare", and "Add-On-Fare".

Area No. 1 (or "Area 1") means the area comprised of all of the TCI, Bahamas, and the islands of the Caribbean Sea.

Baggage means such reasonable articles, effects and other personal property of a ticketed Passenger as are reasonably necessary or appropriate for the wear, use, comfort or convenience of the Passenger in connection with the Passenger's trip. Unless otherwise specified, it shall include both checked and unchecked baggage of the Passenger.

Baggage Check or Baggage Claim Tag means those portions of the ticket that identify the carriage of a Passenger's checked baggage and that are issued by the carrier as a receipt for the Passenger's checked baggage.

Baggage Tag means a document issued by the carrier solely for identification of checked baggage, the portion of which is attached by the carrier to a particular article of checked baggage.

Banker's Buying Rate ("BBR") means the rate at which, for the purpose of the transfer of funds through banking channels (i.e., other than transactions in bank notes, travelers cheques and similar banking instruments), a bank will purchase a given amount of foreign currency in exchange for one unit (or units) of the national currency of the country in which the exchange transaction takes place.

Banker's Selling Rate ("BSR") means the rate at which, for the purpose of the transfer of funds through banking channels (i.e., other than transactions in bank notes, travelers cheques and similar banking instruments), a bank will sell a given amount of foreign currency in exchange for one unit (or units) of the national currency of the country in which the exchange transaction takes place.

Calendar Month means the period of time starting with the start of any day in a month, identified by number, and ending with the start of the same day of the following month. When the same day does not occur in the following month, this period ends on the last day of the month.
Calendar Week means a period of seven days starting at 12:01 a.m. Sunday and ending at midnight of the following Saturday, provided that when used in reference to service offered only once a week between points of travel, it shall mean a period of eight days commencing with 12:01 a.m. on the day the flight operates.

Educational Establishment means a school, academy, college, or university offering full time educational, vocational, or technical courses for a school year and does not include a commercial office, industrial or military establishment, or a hospital at which a student is serving an apprenticeship is part of the school curriculum of the Educational Establishment at which the student is enrolled.

Fare Component means each local currency fare (except Add-On-Fares) where more than one such fare is used in construction of the total fare for a journey.

Flight Coupon means a portion of the Ticket that indicates travel points between which the coupon is good for carriage.

Foreign Air Transportation means transportation between a point in the Turks & Caicos Islands and a point outside thereof.

Gateway means the Passenger's first point of arrival or last point of departure within a geographic locale, i.e.:
1) When traveling between zones within one area, the last point of departure/first point of arrival in that zone.
2) When traveling between countries within a zone, the last point of departure in one country and the first point of arrival in another country.

Half Round Trip Fare means 50 percent of a specified or constructed round trip normal or special fare. In the absence of a specified or constructed round trip normal fare, the one-way normal fare is considered to be a half round trip normal fare. If a specified or constructed one-way special fare may be doubled to establish a round trip special fare, the one-way special fare is considered to be a half round trip special fare.

IATA Rate of Exchange means the published rate of exchange issued by IATA from time to time.

Immediate Family Member means spouse, children, step-children, foster children, legally adopted wards, son/daughter-in-law, grandchildren, parents, step-parents, legal guardians, mother/father-in-law, grandparents, brother/sister, step-brother/sister, half-brother/sister, brother/sister-in-law, aunts/uncles and nieces/nephews.

Infant means a person who has not reached his/her second birthday as of the date of commencement of travel.

Interline Transfer Point means any point at which the Passenger transfers from the services of one carrier to the services of another carrier.
Interline Transportation means carriage on the services of more than one carrier where carriers agree to accept each other's tickets and baggage.

International Carriage ("International") means any carriage other than Domestic Carriage, however, when the Warsaw Convention is applicable, its definition of "International" shall prevail.

International Sector means a Sector of uninterrupted air travel for which the arrival and departure points are in two different countries.

Intraline Transportation or "On-line" transportation means carriage solely over the services of a single air carrier.

Journey means all travel included on a Ticket or group of Conjunction Tickets.

Legal Guardian means one who legally has the care and management of an infant/minor.

Local Currency Fares means fares and related charges expressed in the currency of the Country of Commencement of Transportation.

Maximum Outside Linear Dimensions means the sum of the greatest outside length plus the greatest outside width, plus the greatest outside height.

Medical Certificate means a letter or form from the Passenger's treating physician or hospital, where applicable, which must be signed and dated within one week of the first affected flight departure by the treating physician, or hospital in the country where the illness or treatment arose and which certifies the nature of the Passenger's illness and treatment.

Mid-Atlantic Area means the area comprised of Dominican Republic and Haiti.

Minor means a person who has reached his/her second birthday but not his/her 18th birthday as of the date of commencement of travel.

Miscellaneous Charges Order ("MCO") means a document issued by a carrier or its agents evidencing the provision of services to the person named in such document.

National ("a National") means a person who is a citizen of a country, either by birth or by naturalization.

Normal Fare means the full fare established for regular or usual service, the application of which is not dependent upon any limited period of ticket validity or other special circumstances. Unless otherwise herein specified, Normal Fares shall be considered to include the following, all year one-way, round trip, circle trip and open jaw trips.

On-line Tariff Data Base means the remotely accessible, on-line version, maintained by the filer, with ATPCO, Airline Tariff Publishing Company.

On-line Transfer Point means any point at which the Passenger transfers from one service of a carrier to another service of the same carrier (bearing a different flight number).

Open-Jaw Trip means travel which is essentially of a round trip nature but the outward point of departure and inward point of arrival and/or outward point of arrival and inward point of departure are not the same.

Origin means the initial starting place of the journey.

Other Charges means charges such as taxes, fees, etc., not to be shown in the fare construction box of the ticket, excluding excess baggage charges.

Oversold Flight means a flight where there are more Passengers holding valid confirmed Tickets that check-in for the flight within the prescribed check-in time than there are available seats.

Passenger means any person, except members of the crew, carried or holding a confirmed reservation to be carried in an aircraft with the consent of the carrier.

Passenger Coupon means that portion of the Ticket constituting the Passenger's written evidence of the Contract of Carriage.

Prepaid Ticket Advice ("PTA") means the notification between offices of a carrier or between carriers that a person has purchased and requested issuance of prepaid transportation for another person.

Proportional Fare: See "Arbitrary" above.

Qualified Individual with a Disability means any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

Rebooking means a change in date/time of reservation or other change not requiring ticket reissuance.

Related Charges means those charges to be shown in the fare construction box of the ticket and excess baggage charges.

Reroute means a change of routing, carriers, fares, class of service, flight or date from that originally provided on the ticket, but does not apply to open tickets.
Resident ("a Resident") means a person whose usual residence is in a certain country, provided that a more restricted definition may apply under local law.

Revalidation means any permissible change in flight reservations, as determined by the carrier, evidenced by the placement of a revalidation sticker.

Round-Trip means travel from one point to another and return by any air route for which the same normal all year through one way fare of the same class applies from the point of origin, provided that this definition shall not apply to travel for which the same all year through one way fare is established, between two points, in either direction around the world.

Routing means the cities and/or class of service and/or type of aircraft via which carriage is provided by the carrier(s) between two points.

School Year means a period of twelve (12) consecutive months less whatever interruptions for vacations are normally granted by the educational establishment at which the student in enrolled, provided that where the official scholastic year is less than twelve (12) months, "School Year" shall mean not less than a six-month period less whatever interruptions for vacations are normally granted at the educational establishment at which the student is enrolled.

Sector or Segment is the portion of a journey covered by a single Flight Coupon.

Service Animals means any guide dog, signal dog, or other animal trained to provide necessary assistance to a Qualified Individual with a Disability or, a trained animal that assists law enforcement officers in the search of contraband and or other items, or which provides assistance with rescue efforts.

Side Trip Combination means the combination of a fare that could be ticketed separately from and/or to an enroute point of a fare component.

Single Open Jaw means travel that is essentially of a round trip nature, except that the outward point of arrival and inward point of departure are not the same or the outward point of departure and inward point of arrival are not the same.

SITI means the sale and Ticket issuance both occur in the country of commencement of transportation.

SITO means the Ticket sale occurs in the country of commencement of transportation and the Ticket issuance occurs outside the country of commencement of transportation.

SOTI means the Ticket sale occurs outside the country of commencement of transportation and the Ticket issuance occurs in the country of commencement of transportation.

SOTO means the sale and Ticket issuance both occur outside the country of commencement of transportation.

Special Drawing Right ("SDR") means a special unit of currency, the value of which fluctuates and is recalculated each banking day. These values are known to most commercial banks and are reported in some newspapers and in the IMF Survey, published weekly by the International Monetary Fund, Washington, D.C. 20431.

Special Fare means a fare other than a normal fare.

Stopover means a deliberate interruption of travel by the Passenger, agreed to in advance by the carrier, at a point between the place of departure and the place of destination. For International flights a Stopover will also be deemed to occur at an intermediate point from which the Passenger is not scheduled to depart on the date of arrival, but if there is no connecting departure scheduled on the date of arrival, departure on the next day within 24 hours of arrival shall not constitute a Stopover. If a portion of the routing is traveled by surface transportation, one Stopover shall be deemed to have been taken for such portion. For Domestic flights, a Stopover will also occur when a Passenger arrives at a point and fails to depart from such point on:
1) The first flight on which space is available; or
2) The flight that will provide for the Passenger's earliest arrival at intermediate or junction transfer point(s) or destination point, via the carrier and class of service as shown on the Passenger's Ticket; provided, however, that in no event will a Stopover occur when the Passenger departs from the intermediate/junction point on a flight shown in the carrier's official general schedule as departing within four hours after arrival at such point.

Surface Sector means transportation by means other than air between two intermediate points in a Fare Component.

Through Fare means a fare applicable for travel between two consecutive fare construction points via an intermediate point(s).

Ticket means the record of agreement, for the carrier(s) to provide transportation and related services under certain terms and conditions to the Passenger named on the Ticket and in accordance with applicable governing tariffs and regulations.

Ticketed Point means points shown in the 'good for passage' section of the ticket plus any other point(s) used for fare construction and shown in the fare construction box of the ticket, provided that two flight numbers of two carriers such as for an interchange flight will not be permitted on one Flight Coupon.

Transfer means a change from the flight on one carrier to the flight of another carrier, or a change from the flight of a carrier to another flight of the same carrier bearing the same flight number, or a change from the flight of a carrier to another flight that is a service bearing a different flight number of the same carrier, irrespective of whether or not a change of aircraft occurs.

Transfer Point means any point at which the Passenger Transfers.

Transit Point means any stop at an intermediate point on the route to be traveled (whether or not a change of aircraft is made) that does not fall within the definition of a Stopover.

Transoceanic means the portion of travel covering the area over an ocean.

Unaccompanied Minor means Children/Minors 2 to 18 years of age when traveling alone or not accompanied on the same flight and in the same compartment by a companion Passenger at least 18 years of age or with their Legal Guardian or parent(s).

Validate means a confirmation that the Ticket has been officially issued by the carrier.

Warsaw Convention means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or where applicable, that Convention, as amended, including without limitation, by the Protocol signed at The Hague September 28, 1955.

Western Hemisphere means the Caribbean Area.

RULE 2 - STANDARD FORMAT OF ELECTRONIC RULES FOR TARIFF FILING PURPOSES

 

Rule number reserved for Airline Tariff Publishing Company ("ATPCO") filings.

RULE 3 - APPLICATION OF CONTRACT

A) These Rules constitute the conditions of carriage upon which SkyKing agree to provide Domestic and International Carriage and are expressly agreed to by the Passenger. These Rules are also the tariffs filed by SkyKing in accordance with certain government regulations.

B) This Contract of Carriage is subject to applicable laws, regulations, rules, and security directives imposed by governmental agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil unrest or terrorist activities. In the event of a conflict between the Rules contained herein and such government laws, regulations, rules, security directives and their corresponding effects on SkyKing's operation, the latter shall prevail.

C) Whether a Ticket for transportation on SkyKing was sold by SkyKing or its authorized agents (including other carriers acting on behalf of SkyKing), the rules herein are applicable to transportation only on SkyKing. Under arrangements with SkyKing, independent carriers may provide Interline Transportation or Code Share services. Travel on those independent carriers is subject to the terms and conditions of the contract of carriage of the independent carriers, which may differ from SkyKing's Contract of Carriage.

D) International Carriage is subject to the rules relating to liability and to all other provisions of the Warsaw Convention.

E) Except as otherwise provided within specific fare rules, transportation is subject to the Contract of Carriage and charges in effect on the date on which the Ticket is issued. References to pages, rules, items and notes are coterminous and include revisions, supplements and reissues thereof.

F) Where the Ticket has been purchased and issued before the effective date of an increase in the applicable fare, the increase will not be collected, provided there is no change in Origin, Destination, Stopover point(s), flight(s) or dates shown on the original Ticket. These provisions apply whether an increase results from a change in fare level, a change in conditions governing the fare or a cancellation of the fare itself.

G) SkyKing will be responsible for the furnishing of transportation only over its own lines. When SkyKing undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier (whether or not such transportation is part of a through service), SkyKing will act only as agent for the other carrier and will assume no responsibility for the acts or omissions of such other carrier.

H) No employee or agent of SkyKing has the authority to alter, modify, or waive any provision of the Contract of Carriage unless authorized by a corporate officer of SkyKing. SkyKing's appointed agents and representatives are only authorized to sell Tickets for air transportation pursuant to approved fares, rules, and regulations of SkyKing. Failure or delay on the part of either party to exercise any right or power herein shall not operate as a waiver thereof.

I) Unless specifically stated otherwise herein or required by law, SkyKing shall not be liable for any consequential, compensatory, indirect, incidental or punitive damages arising out of or in connection with the performance of its obligations under these rules.

J) SkyKing's obligations hereunder extend only to the Ticketed Passenger. There are no third party beneficiaries to these rules.

K) Except where provided otherwise by law, SkyKing's conditions of carriage, rules and tariffs are subject to change without notice, provided that no such change shall apply to Tickets issued prior to the effective date of such change.

L) The invalidity of any provision herein by local law shall not affect the validity of any other provision that shall remain in full force and effect.

M) If SkyKing makes arrangements for Passengers with any third party to provide any services other than carriage by air, or if SkyKing issues a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, SkyKing acts only as Passengers' agent in doing so. The terms and conditions of the third party service provider will apply.


RULE 4 - RESERVATIONS - CONFIRMATION/FARE QUOTES/DISCLOSURES

A) A reservation for space on a given flight of SkyKing is valid when the availability and allocation of such space is confirmed by SkyKing or an authorized agent of SkyKing. SkyKing will hold a telephone reservation without payment for 48 hours. Subject to payment or other satisfactory credit arrangements, a validated Ticket will be issued by SkyKing or the authorized agent of SkyKing indicating such confirmed reserved space provided the Passenger applies to SkyKing or the authorized agent of SkyKing for such Ticket at least 30 minutes before the scheduled Domestic departure time of the applicable flight, or 60 minutes prior to departure of an International itinerary. Such reservation of space is subject to cancellation by SkyKing without notice if the Passenger does not comply with this Rule.

EXCEPTION 1: If the Passenger agrees to apply to SkyKing or an authorized agent of SkyKing for a validated Ticket indicating such confirmed reserved space by a specific time before the scheduled departure time of the applicable flight, such earlier time limit will be entered into SkyKing's reservation system and the reservation will be subject to cancellation by SkyKing without notice if the Passenger does not apply to SkyKing or its authorized agent for a validated Ticket, indicating the confirmed reserved space before the agreed specific time in advance of the scheduled departure of the applicable flight.

EXCEPTION 2: Where other rules, including fare rules, provide for the issuance, validation, or purchase of a Ticket within specific time limits, these specific time limits will apply.

B) Once a Passenger obtains a Ticket indicating confirmed reserved space for a specific flight and date either from SkyKing or its authorized agent, the reservation is confirmed even if there is no record thereof in SkyKing's reservation system.

C) When a person calls SkyKing's telephone reservation system, SkyKing will offer such person the lowest published fare available through such telephone reservation system for which the person is eligible given the dates, flights and class of service requested.

D) SkyKing will disclose at the time a reservation is made and prior to actual Ticket purchase, any available information regarding a change of aircraft on a single flight with the same flight number.

E) Upon request, SkyKing will disclose general information regarding aircraft configuration, including seat size and pitch, for the aircraft type on which the Passenger is booked. Variations may occur within an aircraft type.

F) SkyKing will disclose to a Passenger, upon request, whether the flight on which the Passenger is Ticketed is, at the time of the request, Overbooked if, within the usual and ordinary scope of such SkyKing employee's work, the information is available to the employee to whom the request is directed.

G) SkyKing does not guarantee allocation of any particular seat in the aircraft, including advanced seat requests.

H) SkyKing may limit the number of Passengers carried at any fare level and certain fares will not necessarily be available on all flights. The number of seats which SkyKing shall make available on a given flight will be determined by SkyKing.

I) Waivers or Special Fare Restrictions
The following fare options may be available for emergency travel situations involving death, critical injury or illness requiring hospitalization, including hospice care, of an immediate family member:
1) For International travel, SkyKing bereavement fares may be applicable. Contact SkyKing for more information.
2) For Domestic Carriage, bereavement fares may be applicable. Contact SkyKing for more information.
3) Documentation
a) Serious Illness Emergencies
The Passenger must provide SkyKing with a written statement that provides the immediate family member's name, relationship to the Passenger, the name and telephone number of the hospital/hospice, the doctor's name, and a statement from the doctor that the immediate family member is actually hospitalized.
b) Death Emergencies
The Passenger must provide SkyKing with a written statement which provides the name of the deceased immediate family member, the relationship of the deceased to the Passenger, the name, address and telephone number of the funeral home, and if possible, a copy of the death certificate.
Note: If the funeral home information is not available prior to departure, it may be provided at the time of the return flight.
c) If the above required written documentation is not submitted to SkyKing's satisfaction, the Passenger must pay the applicable fare for transportation used. The Passenger may then submit a refund request accompanied by the appropriate documentation within the time allowed for refunds under Rule 27 B).

RULE 5- CANCELLATION OF RESERVATIONS

 

A) SkyKing has the right to cancel reservations (whether or not confirmed) of any Passenger whenever such action is necessary to comply with any governmental regulation, upon any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond Skyking's control, including Force Majeure events.

B) SkyKing has the right to cancel reservations (whether or not confirmed) due to the Passenger's failure to comply with the rules set forth herein, including but not limited to, the Passenger's failure to pay for the applicable Ticket under the conditions applicable to the fare for such travel.

C) Failure to Occupy Space
If a Passenger fails to occupy space which has been reserved for him/her on a flight of SkyKing and SkyKing fails to receive notice of the cancellation of the reservation before the departure, or if any carrier cancels the reservation of any Passenger, SkyKing may cancel all reservations (whether or not confirmed) held by such Passenger on the flights of SkyKing or any carrier for continuing or return space, provided SkyKing or an authorized agent of SkyKing originally reserved that space.

D) Airport Check-In Time Limits
SkyKing has the right to refuse the acceptance of checked baggage and cancel reservations (whether or not confirmed) of any Passenger who fails to present himself/herself within the following time limits preceding scheduled departure time of applicable flights as follows:

NOTE: The time limits provided by SkyKing in this Rule are minimum time requirements. Due to federal security screening measures in place at airports, Passenger and baggage processing time may differ from airport to airport.
It is Passenger's responsibility to ascertain the departure airport's time requirements for security screening so that Passenger complies with SkyKing's minimum time limits.

1) Passengers on Domestic flights, must adhere to the following minimum times:
a) Passengers required to purchase tickets must do so at least 45 minutes prior to scheduled departure otherwise SkyKing may cancel reservations of tickets not yet purchased;
b) Passengers required to check-in baggage must do so at least 30 minutes prior to scheduled departure otherwise SkyKing reserves the right to refuse to accept such baggage;
c) Reservations may also be cancelled if Passenger fails to be at the loading gate for boarding at least 15 minutes before the scheduled departure; and

2) Passengers on International flights must adhere to the following minimum times:
a) Reservations may be canceled if Passenger fails to check-in and obtain a boarding pass at least 60 minutes prior to scheduled departure; and
b) If Passenger fails to be at the loading gate for boarding at least 30 minutes prior to scheduled departure his entire reservation may be canceled.

E) SkyKing is not liable for any consequential, compensatory, or other damages when it cancels reservations (whether or not confirmed) of any Passenger in accordance with this Rule, but:
1) If such reservation was canceled according to paragraph A) of this Rule, SkyKing will take such action as is provided in Rule 24.
2) If such reservation was canceled according to other paragraphs of this Rule, SkyKing will refund in accordance with Rule 27 B) only to the extent the Passenger has paid.

F) Overbooking
All of SkyKing's flights are subject to Overbooking which could result in SkyKing's inability to provide previously confirmed reserved space for a given flight or for the class of service reserved. In that event, SkyKing's obligation to the Passenger is governed by Rule 21.


RULE 6 - TICKETS

 

A) When more than one Ticket, either in a paper or electronic format, must be issued to properly reflect all of the information required for a complete flight itinerary, the individual Tickets will be cross referenced by their Ticket numbers and are considered to be a single Ticket or "Conjunction Ticket."

B) A Ticket will not be issued, and in any case SkyKing will not be obligated to carry any Passenger until the Passenger has paid the applicable fare or has complied with credit arrangements established by SkyKing.

C) No person will be entitled to transportation except upon presentation of a valid Ticket.

D) Lost Tickets. See Rule 22 D).

E) A Ticket which has not been validated or which has been altered, mutilated, or improperly issued, is not valid.

F) Flight Coupons will be honored only in the order in which they were intended to be used and, in the case of written Tickets, only if all unused Flight Coupons and Passenger Coupons are presented together.

G) Tickets are not transferable unless otherwise stated on the Ticket at the time it was issued. SkyKing is not liable to the owner of a ticket for honoring or refunding such ticket when presented by another person. If a Ticket is in fact used by an unauthorized person with or without the knowledge or consent of the person to whom the Ticket was issued, SkyKing will not be liable for the destruction, damage, or delay of such unauthorized person's baggage or other personal property, or for the death or injury of such unauthorized person arising from or in connection with such unauthorized use. As used herein, "unauthorized person", means any person other than the person to whom the ticket is issued and who is entitled to be transported or to a refund in accordance with the rules in this Contract of Carriage.

H) A Ticket will be valid only for flight(s) for which reservation(s) have been made and only between the points named on the ticket or applicable Flight Coupons. A Passenger holding an unused open-date Ticket or portion thereof or Exchange Order for onward travel, or who wishes to change a ticketed reservation to another date, shall not be entitled to any preferential right with respect to the obtaining of reservations.

I) Prohibited Practices
1) Fares apply for travel only between the points for which they are published. Tickets may not be purchased and used at fare(s) from an initial departure point on the Ticket which is before the Passenger's actual point of origin of travel, or to a more distant point(s) than the Passenger's actual destination being traveled even when the purchase and use of such Tickets would produce a lower fare. This practice is known as "Hidden Cities Ticketing" or "Point Beyond Ticketing" and is prohibited by Skyking.
2) The purchase and use of round-trip Tickets for the purpose of one-way travel only, known as "Throwaway Ticketing" is prohibited by SkyKing.
3) The use of Flight Coupons from two or more different Tickets issued at round trip fares for the purpose of circumventing applicable tariff rules (such as advance purchase/minimum stay requirements) commonly referred to as "Back-to-Back Ticketing" is prohibited by SkyKing.

J) SkyKing's Remedies for Violation(s) of Rules
Where a Ticket is purchased and used in violation of the Contract of Carriage or any fare Rule (including Hidden Cities Ticketing, Point Beyond Ticketing, Throwaway Ticketing, or Back-to-Back Ticketing), Skyking has the right in its sole discretion to take all actions permitted by law, including but not limited to, the following:
1) Invalidate the Ticket(s);
2) Cancel any remaining portion of the Passenger's itinerary;
3) Confiscate any unused Flight Coupons;
4) Refuse to board the Passenger and to carry the Passenger's baggage, unless the difference between the fare paid and the fare for transportation used is collected prior to boarding;
5) Assess the Passenger for the actual value of the Ticket which shall be the difference between the lowest fare applicable to the Passenger's actual itinerary and the fare actually paid; and
6) Take legal action with respect to the Passenger.

RULE 7 - TICKET VALIDITY PERIOD

 

A) Period of Validity
Except as otherwise provided in this Rule, any eligible Ticket issued by SkyKing or its authorized agent on SkyKing ticket stock will be valid for transportation for one year from the date on which transportation commences at the point of origin as designated on the original Ticket or, if no portion of the Ticket is used, one year from the date of issuance of the original Ticket. When a Ticket includes an excursion or special fare having a shorter period of validity than one year, the shorter period of validity will apply only to the excursion or special fare transportation. When a fare limits the carriage to specific periods of the day, week, month, or year, the Ticket is valid for the specified periods only. When fares are combined to create Round/Circle/Open-Jaw Trips, the most restrictive provisions will apply to the entire transportation.
Note: Nonrefundable fares limit the period of validity. Tickets for travel on or after October 1, 2002 with a fare rule stating they are nonrefundable are, subject to applicable fare rules, not valid after the date of travel reflected on each Flight Coupon.

B) Extension of Validity Period
1) If the Passenger is prevented from using the Ticket, or a portion thereof during the period of validity specified in this Rule due to a SkyKing flight cancellation or because Skyking is unable to provide space on the flight, SkyKing will, without additional collection of fare, extend the ticket validity period of such Passenger's Ticket until the first flight of SkyKing, on which space is available in the class of service for which the fare has been paid.
2) If the Passenger is unable to commence or continue his/her travel due to his/her personal illness or physical incapacity, or the illness, death, or physical incapacity of a member of his/her immediate family, or of an associate with whom he/she is traveling, SkyKing will extend the period of validity beyond the original limit but not to exceed sixty (60) days.

C) Waiver of Minimum Stay Requirements- Special Fare
In the event of the death of a Passenger enroute, the minimum stay and group travel requirements with regard to any special fares will be waived for Passengers who are immediate family members of the deceased Passenger or were otherwise actually accompanying the deceased Passenger, on the following conditions:
1) The ticket must be endorsed "earlier return on account of death of (name of Passenger)"; and
2) A copy of the death certificate duly executed by the competent authorities under the applicable laws of the country in which death has occurred must be presented to Skyking at the time of reticketing. Passengers will be accommodated under this provision only in the class of service originally ticketed.
NOTE: If the death certificate is not available at the time the Passenger requests reticketing under this provision, or if documentation satisfactory to SkyKing has not been provided, the Passenger(s) requesting reticketing will be accommodated only upon payment of the fare applicable to transportation actually used and a request for a refund may later be filed with SkyKing with the documents required. Upon receipt of the request for a refund and all supporting documents, SkyKing will determine whether a refund to the Passenger is appropriate. If so, the maximum refund will be the difference between the total fare paid by the Passenger and the amount such Passenger would have paid if a waiver had been originally furnished under the provisions of this Rule.

D) Ticket Issue Date
The date when payment is made by credit card, or the ticket invoice date established when payment is made by other acceptable form of payment, will constitute the date a Ticket is "issued" in determining the validity period under this Rule.

RULE 8 - RETURNED CHECK CHARGE

SkyKing will collect USD 25 for each returned check. This charge is non-refundable and is not subject to any discount.

RULE 9 - ACCEPTANCE OF CHILDREN/MINORS AND INFANTS

A) Accompanied
1) Passengers under 15 years of age are deemed "accompanied" and will be accepted for transportation when traveling on the same flight and in the same compartment with an Adult Passenger. Proof of age of the Passengers may be required by SkyKing.
NOTE: Infants, Children and Minors will be considered accompanied when they are traveling with their Legal Guardian or one of their parents irrespective of the age of the parent or Legal Guardian.
2) SkyKing does not accept infants in incubator (except as permitted under Rule 15B) or infants under 7days old.
3) Lap Children (infants under the age of two years):
a) One Lap Child per Adult Passenger is accepted. Additional infants under the age of two years must occupy a seat and be ticketed at the applicable fare.
b) Infants under the age of two years who are not ticketed may not occupy a seat.
NOTE: Infants who are carried in an adult's lap do not require a Ticket for domestic travel. Infants traveling internationally may require a Ticket. In many cases a Ticket is required for the infant to travel on international flights even if no fare is paid. In addition, some international destinations may charge a fee. A USD 0 value or fee only Ticket may be issued for the infant.
4) Children who have reached their second birthday are required to purchase a seat and occupy a seat with a separated belt. Infants reaching their second birthday after outbound flights will be required to purchase a Ticket and occupy a seat for continuing/return flights only.
5) Infant/child Seats: Children unable to sit upright with the seat belt fastened must be carried in an approved infant/child seat, if not being held by an Adult Passenger as a lap child. Infant/child seats:
a) Must be CAA approved and be clearly marked with the original NHTSA label.
b) Must be used in unoccupied aircraft seats and cannot be held in an adult's lap.
c) Cannot be used in an Exit Row.
d) Must remain properly secured to an aircraft seat at all times unless stored as a carry-on.
B) Unaccompanied
Children/Minors 5 to 14 years of age are deemed "unaccompanied" when traveling alone or not accompanied on the same flight and in the same compartment by a companion Passenger at least 18 years of age or with their Legal Guardian or parent(s). Children under five years of age must be "accompanied" and will not be accepted as "unaccompanied" under any conditions. Unaccompanied Children/Minors are accepted for transportation at SkyKing's sole discretion, only under the following conditions:
1) The Child/Minor must be brought to the airport of departure by a parent, Legal Guardian, or responsible adult who shall remain with the Child/Minor until the Child/Minor has boarded and the plane has departed from the gate, and who must furnish SkyKing with satisfactory written documentation that the Child/Minor will be met by another parent, Legal Guardian, or responsible adult upon deplaning at the Child/Minor's destination. The parent, Legal Guardian, or responsible adult delivering the Child/Minor for departure and receiving the Child/Minor upon arrival will be required to complete and sign documentation as provided by SkyKing relating to such unaccompanied Child/Minor.
2) In no event will such unaccompanied Child/Minor be accepted for travel:
a) If the flight on which the Child/Minor holds a reservation is expected to terminate short of or bypass the Child/Minor's destination;
b) If the itinerary includes a connection to the last available flight of the day unless the connecting flight is the only published service to that destination; or
3) Children/Minors five, six, or seven years of age are accepted as unaccompanied only on SkyKing, subject to valid proof of age and only when through service is provided without change of aircraft.
4) Children/Minors eight years of age or over may be:
a) accepted as unaccompanied for On-Line Transportation that includes connecting flights; and
b) accepted as unaccompanied for Interline Transportation provided space has been confirmed to the first Stopover, or to a point where the child/minor is to be met by a parent, Legal Guardian, or responsible adult upon deplaning.

C) Unaccompanied Assistance Charge
Unaccompanied Children's/Minors' assistance is a service provided by Skyking as follows:
1) Unaccompanied assistance for Passengers five to 14 years old.
2) Unaccompanied assistance is optional for Passengers 15 to 17 years old.
NOTE: SkyKing will not provide a minor 15 to 17 years of age with unaccompanied minors' assistance when the minor is traveling with a child or infant under the age of five.

RULE 10 SPECIAL SERVICES

A) Definition of Non-Ambulatory under this Rule :
1) Persons who are unable to move themselves or need the support of another person to walk or move, but who are otherwise capable of caring for themselves without assistance throughout the flight are considered Non-Ambulatory.
2) If a Passenger uses a wheelchair for convenience, the Passenger is not considered to be Non-Ambulatory.
3) A child or infant is not considered to be Non-Ambulatory merely because of his/her age, except when requiring an Infant Transport System.
4) If the Passenger can move himself/herself from his/her seat to the nearest emergency exit without the aid of another person, the Passenger is not considered to be Non-Ambulatory, regardless of the degree of impairment.

B) Qualifications for Acceptance of Non-Ambulatory Passengers
Non-Ambulatory Passengers are accepted when accompanied by an attendant able to assist the Non-Ambulatory Passenger to evacuate the aircraft.

C) Qualified Individual with a Disability
SkyKing requires a Passenger, including a Qualified Individual with a Disability, to provide up to 48 hours' advance notice and one hour advance check-in for Domestic flights/two hours advance check-in for International flights if such Passenger wishes to receive any of the following service accommodations:
1) Transportation of an electric wheelchair on a flight scheduled to be made on an aircraft, with fewer than 60seats.
2) Provision by SkyKing of hazardous materials packaging for a battery for a wheelchair or other assistive device.
3) Accommodation for a group of ten or more Qualified Individuals with Disabilities who make reservations and travel as a group.
4) Provision of an on-board wheelchair on an aircraft that does not have an accessible lavatory.

D) Denied Boarding Compensation
1) If SkyKing determines that an attendant is essential for safety, SkyKing may require that a Passenger, including a Qualified Individual with a Disability, meeting any of the following criteria travel with an attendant as a condition of being provided air transportation:
a) A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from SkyKing personnel, including the safety briefing b) A person with a mobility impairment so severe that the person is unable to assist in his or her evacuation of the aircraft; or
c) A person who has both severe hearing and severe vision impairments if the person cannot establish some means of communication with SkyKing personnel adequate to permit the transmission of the required safety briefing.
NOTE: If SkyKing determines that a person meeting the criteria in subparagraphs (a), (b) or (c) above must travel with an attendant, contrary to the individual's self-assessment that he/she is capable of traveling independently, SkyKing will not charge for the transportation of the attendant. Or,
2) If, because there is not a seat available on a flight for an attendant whom SkyKing has determined to be necessary, a Qualified Individual with a Disability with only one confirmed reservation is unable to travel on the flight, the Qualified Individual with a Disability shall be eligible for denied boarding compensation in accordance with Rule 25. For purposes of determining whether a seat is available for an attendant, the attendant shall be deemed to have checked in at the same time as the Qualified Individual with a Disability.

E) For Rules regarding wheelchairs, see Rules 23 and 28.


RULE 11 - MEDICAL SERVICES

A) Oxygen Service
SkyKing will not provide limited on-line, on-board oxygen service on flights.

B) Medical Transport Services
Is not available on scheduled service.


RULE 12 - SERVICE ANIMALS

A) SkyKing accepts for transportation, subject to a fee, trained Service Animals for travel with a Qualified Individual with a Disability who requires the animal to assist them in the performance of necessary activities. The animals will be permitted to accompany the Passenger into the cabin, if they meet the conditions of acceptance noted below.

B) Conditions of Acceptance
1) SkyKing shall accept as evidence that an animal is a Service Animal such items as identification cards, other written documentation, the type of harness or markings on the harness, tags, or other credible assurances of the Qualified Individual with a Disability using the animal.
2) Service Animals must be properly harnessed and remain under the direct control of the Passenger.

RULE 13 GROUND TRANSFER SERVICE

A) Skyking may provide ground transfer service between airports and city centers.

B) Except where ground transfer service is directly operated by Skyking, it is agreed that any such service is performed by independent operators. Anything done by an employee, agent or representative of Skyking in assisting the Passenger to make arrangements for such independent ground transfer service shall in no way make Skyking liable for the acts or omissions of such independent operator.

C) In cases where Skyking maintains and directly operates local transfer services for its Passengers, the terms, conditions, rules and regulations of Skyking, including but not limited to, those stated or to which reference is made in Skyking's Tickets, Baggage Checks and baggage valuation agreements shall be deemed applicable to such local ground transfer services. No portion of the air transportation fare shall be refundable in the event local ground services are not used by the Passenger.

RULE 14 TRAVEL DOCUMENTS

 

A) Each Passenger desiring transportation across any international boundary is responsible for obtaining all necessary travel documents and for complying with the laws of each country flown from, through or into which he/she desires transportation. The Passenger will pay or reimburse each carrier for any loss, damage, or expense suffered or incurred by such carrier by reason of such Passenger's failure to do so. SkyKing is not liable for any assistance or information provided by any agent/employee of Skyking to any Passenger relating to such documents or compliance with such laws, or for the consequences to any Passenger resulting from his/her failure to obtain such documents or to comply with such laws. Where legally permitted, SkyKing reserves the right to hold, photocopy or otherwise reproduce a travel document presented by any Passenger.

B) Subject to applicable laws and regulations, the Passenger must pay the applicable fare whenever SkyKing, on government order, is required to return a Passenger to his/her point of origin or elsewhere due to the Passenger's inadmissibility into/or deportation from a country. The fare will be the applicable fare in effect at the time of the original Ticket's issuance. Any difference between the applicable fare and the fare paid will be collected from or refunded to the Passenger, as the case may be. SkyKing will apply to the payment of such fares any funds paid by the Passenger for unused carriage or any funds of the Passenger in possession of SkyKing. The fare collected for carriage to the point of refusal of entry or deportation will be refunded by SkyKing unless the law of such country requires that the fare be refunded.

C) Transit facilities permitting, and subject to (D) below, Skyking will accept for transportation Transit Without Visa Passengers (TWOVs) provided TWOV complies with all transit requirements established by the transited country and assumes all responsibility and expense for any failure to meet the local requirements.

D) This Rule and its limitations includes, but is not limited to, Travel Documents related to travel by minors. Some countries require special documents for minors traveling with only one parent to/from an international destination.


RULE 15 - SCREENING OF PASSENGERS AND BAGGAGE

 

Passengers and/or their baggage are subject to security screening, including but not limited to, security profiling, physical pat-downs and inspections, x-ray screening, manual bag searches, questioning of Passengers, and use of electronic or other detectors or screening or security devices, in the sole discretion of the government, airport or SkyKing, and with or without the Passenger's presence, consent or knowledge. Neither SkyKing nor its employees or agents is liable for any damage, loss, delay (including refusal to transport), confiscation of property, injury or other harm relating to or arising out of security screening or Passenger's failure to submit to or comply with such security screening.


RULE 16 - REFUSAL TO TRANSPORT

 

SkyKing shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:

A) Breach of Contract of Carriage - Failure by Passenger to comply with the Rules of the Contract of Carriage.

B) Government Request or Regulations - Whenever such action is necessary to comply with any government regulation, security directive, or any governmental request for emergency transportation in connection with the national defense.

C) Force Majeure and Other Conditions - Whenever such action is necessary or advisable by reason of weather or other conditions beyond SkyKing's control including, but not limited to, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported.

D) Search of Passenger or Property - Whenever a Passenger refuses to submit to electronic surveillance or to permit search of his/her person or property.

E) Proof of Identity - Whenever a Passenger refuses on request to produce identification satisfactory to SkyKing or who presents a Ticket to board and whose identification does not match the name on the Ticket. SkyKing will require identification of persons purchasing Tickets and/or presenting a Ticket(s) for the purpose of boarding the aircraft.

F) Failure to Pay - Whenever a Passenger has not paid the appropriate fare for a Ticket, Baggage, or applicable service charges for services required for travel, or produced satisfactory proof to SkyKing that the Passenger is an authorized non-revenue Passenger or has engaged in a prohibited practice as specified in Rule 6.

G) Across International Boundaries - Whenever a Passenger is traveling across any international boundary if:
1) The government required travel documents of such Passenger appear not to be in order according to SkyKing's reasonable belief; or
2) Such Passenger's embarkation from, transit through, or entry into any country from, through, or to which such Passenger desires transportation would be unlawful or denied for any reason.

H) Safety - Whenever refusal or removal of a Passenger may be necessary for the safety of such Passenger or other Passengers or members of the crew, including, but not limited to:
1) Persons whose conduct is disorderly, abusive, or violent;
2) Persons who fail to comply with or interfere with the duties of the members of the flight crew, federal regulations, or security directives;
3) Persons who assault any employee of SkyKing, including the gate agents and flight crew, or any SkyKing Passenger;
4) Persons who, through and as a result of their conduct, cause a disturbance such that the captain or member of the cockpit crew must leave the cockpit in order to attend to the disturbance;
5) Persons who are barefoot or not properly clothed;
6) Persons who are unable to sit in a single seat with the seat belt properly secured, unless they comply with Rule 6 I);
7) Persons who appear to be intoxicated or under the influence of drugs unless the appearance of such condition is solely due to the person being a Qualified Individual with a Disability, in which case boarding will not be denied;
NOTE: If SkyKing determines a passenger has engaged in the activity(ies) enumerated in H)1-7, such actions will constitute a Breach of the Contract of Carriage.
8) Persons who wear or have on or about their person concealed or unconcealed deadly or dangerous weapons.
9) Persons who are manacled;
10) Persons who have resisted or may reasonably be believed to be capable of resisting custodial supervision;
11) Pregnant Passengers expecting delivery within seven days, unless such Passenger provides a doctor's certificate dated no more than 72 hours prior to departure stating that the doctor has examined and found the Passenger to be physically fit for air travel to and from the destination requested on the date of the flight and that the estimated date of delivery is after the date of the last flight;
12) Persons with a communicable disease or infection known or reasonably believed by SkyKing to pose a direct threat to the health or safety of others in the course of a flight. If a Qualified Individual with a Disability with such communicable disease or infection presents a medical certificate (dated within ten (10) days of the date of the flight for which it is being presented) to SkyKing with specific conditions under which such person can travel and not pose a direct threat to the health and safety of other persons, transportation will be provided to such individual unless it is not feasible for SkyKing to implement the conditions set forth in the medical certificate as necessary to prevent the transmission of the disease or infection to other persons in the normal course of flight;
13) Persons who fail to travel with the required attendant(s) pursuant to Rules 14 and 15.
14) Persons who do not qualify as acceptable Non-Ambulatory Passengers. See Rule 14.

I) Refunds
SkyKing may, at the request of a Passenger who is removed or refused transportation in accordance with this Rule, provide a refund in accordance with Rule 27 A).


RULE 17 - SMOKING POLICY

 

Smoking is not permitted on any SkyKing operated flights.


RULE 18 - BAGGAGE

 

Provisions contained in this Rule are arranged in the following order:
A) General Conditions of Acceptance
B) Free Baggage Allowance
C) Weight/Size/Excess Limitations and Charges
D) Cabin Baggage Requiring a Seat
E) Special Items
F) Animals

A) General Conditions of Acceptance
Passengers may check Baggage for carriage in the cargo compartment of the aircraft and/or may carry Baggage on board the aircraft subject to provisions in this Rule. SkyKing will accept Baggage subject to the following conditions:
1) Passengers must present a valid Ticket for transportation over the lines of SkyKing or over the lines of SkyKing and one or more other carriers with which SkyKing has an Interline Transportation agreement.
2) SkyKing has the right to refuse to transport Baggage on any flight other than the one carrying the Passenger.
3) a) SkyKing will refuse to accept property for transportation when the size, weight, character or type of packaging renders it unsuitable for transportation on the particular aircraft which is to transport it, or when the property cannot be accommodated without harming or annoying Passengers.
b) All Baggage or other property for which SkyKing assumes custody and for which it issues a Baggage Claim Check shall be deemed acceptable for transportation by air.
4) Baggage will not be checked:
a) To a point that is not on the Passenger's Routing;
b) Beyond the Passenger's next point of Stopover or, if there is no Stopover, beyond the final Destination of the Ticket;
c) Beyond a point at which the Passenger wants to reclaim the Baggage or any portion thereof;
d) Beyond a point to which all applicable charges have been paid;
e) Beyond a point at which the Passenger is to Transfer to a connecting flight, if that flight is scheduled to depart from an airport different from the one at which the Passenger is scheduled to arrive;
f) More than four hours prior to Passenger's scheduled flight departure; or
g) To an intermediate point unless the intermediate point to which the Baggage is to be checked is a permissible Stopover point at the fare paid.
EXCEPTION: If the Passenger is making a connection to the first available Skyking flight departing from such intermediate point and the connection exceeds four hours, the Passenger may reclaim his/her Baggage at such intermediate connecting point.
5) SkyKing has the right to refuse to accept Baggage without a signed release of liability from the Passenger if the Passenger fails to present the Baggage within the following time limits preceding scheduled departure time of applicable flights as follows:
a) For Domestic flights, Passenger must check-in Baggage at least 30 minutes prior to scheduled departure.
b) For International flights, Passenger must check-in Baggage at least 90 minutes prior to scheduled departure.
6) SkyKing will not accept Baggage for transport without the Passenger's identification and unless the Passenger's name appears on the Baggage. SkyKing will supply baggage identification tags or labels free of charge.
7) Checked Baggage will be carried on the same aircraft as the Passenger unless such carriage is deemed impractical by carrier, in which event the carrier will make arrangements to transport the Baggage on the next flight on which space is available.

B) Free Baggage Allowance
When a Passenger presents a valid Ticket for transportation between points on SkyKing, SkyKing will transport the Passenger's Baggage between such points without charge, subject to the conditions of acceptance below and the allowances set forth in this Rule. For purposes of this Rule, Free Baggage Allowance is defined as the number of pieces/weight of Baggage that will be carried, either as Checked Baggage or Carry-on Baggage, free of charge provided such Baggage meets the specified Maximum Outside Linear Dimensions and maximum weight of each piece.
1) For all Domestic flights
Checked Free Baggage Allowance
SkyKing current baggage allowance is up to 44 lbs per passenger. Passengers exceeding the 44 lbs weight limit will be charged the current excess rates per lb in USD$ Domestic.
NOTE: A maximum weight limit per piece of baggage is enforced; a single bag must not exceed 70 LBS.
In addition, the following provisions apply to the Free Baggage Allowance for Checked Baggage:
(i) Duffel Bag is defined as a canvas, cylindrically shaped bag, folded and fastened at one end.
(ii) Sea Bag is defined as a canvas, cylindrically shaped bag, closed at one end by means of draw ropes.
(iii) B-4 Bag is defined as a suitcase type handbag made of canvas with leather and metal binding and with expandable canvas compartments on the two sides of the bag.
2) SkyKing current baggage allowance is up to 44 lbs per passenger. Passengers exceeding the 44 lbs weight limit will be charged the current excess rates per lb in USD$, note International Flights are charged at a higher rate than Domestic flights.
NOTE: A maximum weight limit per piece of baggage is enforced; a single bag must not exceed 70 lbs.
In addition, the following provisions apply to the Free Baggage Allowance for Checked Baggage:
(i) Duffel Bag is defined as a canvas, cylindrically shaped bag, folded and fastened at one end.
(ii) Sea Bag is defined as a canvas, cylindrically shaped bag, closed at one end by means of draw ropes.
(iii) B-4 Bag is defined as a suitcase type handbag made of canvas with leather and metal binding and with expandable canvas compartments on the two sides of the bag.

a) Exceptions for International travel:
(i) One box per Passenger will be accepted as Checked Baggage in the Free Baggage Allowance in lieu of one suitcase, provided the box is suitable for normal handling and meets the above dimension requirements. The box will be transported on a space-available basis only and will be carried subject to the load capacities of the aircraft.
3) Carry-on Free Baggage Allowance
SkyKing will accept one piece of Carry-on Baggage free of charge, which, for purposes of this Rule, is referred to as the Carry-on Free Baggage Allowance. Carry-on Baggage is subject to Maximum Outside Linear Dimensions of 51 inches and a maximum weight of 10 lbs. Carry-on Baggage may be stored in carry-on compartments of the aircraft if so equipped, or it must be retained in the Passenger's custody and stored under a seat or in an approved area for the carriage of such Baggage.
Carry-on Baggage is subject to the following additional conditions:
a) Operations, security directives or other safety considerations may require limitations to the allowable Carry-on Baggage on a specific flight. SkyKing reserves the right in its sole and absolute discretion to determine the suitability and place of storage of any items to be carried in the cabin of the aircraft.
(i) Subject to carry-on storage capacities of the aircraft, SkyKing reserves the right to check a Passenger's carry-on baggage.
b) In addition to the Carry-on Free Baggage Allowance and providing operational and space limits permit, each Passenger may carry on board the aircraft, without additional charge, any of the following personal articles:
(i) One small personal article such as a briefcase, small laptop computer, purse, day planner or camera bag;
(ii) A cane, walking stick and/or crutches and/or braces or other assistive devices on the same flight with the Passenger dependent on the device.
NOTE: Restrictions as to weight and size do not apply to these assistive items except in cases where they exceed the operational capabilities of the aircraft; and.
4) Free Baggage Allowance for Children
a) Children paying at least 50 percent of an Adult fare or a published Child's fare receive the same Free Baggage Allowance as Adults.
b) Children carried without charge will not be granted a Free Baggage Allowance.
5) Passenger Reroutes
A Passenger rerouted in accordance with Rule 21 will be entitled to the maximum Free Baggage Allowance applicable for the trip originally purchased, regardless of whether the Passenger is transferred to a different class of service or whether the Passenger in entitled to a fare refund.
6) Pooled Baggage
When two or more passengers traveling together on the same Passenger Name Record [PNR] their maximum Free Baggage Allowance will be the sum of their individual maximum Free Baggage Allowances. Baggage in excess of the combined Free Baggage Allowance will be subject to the Excess Baggage Charge.

C) Weight/Size/Excess Limitations and Charges
1) Subject to the requirements of Free Baggage Allowances, Baggage in excess of the maximum Free Baggage Allowances will be accepted for transportation only upon payment of Excess Baggage Charges and Oversize/Overweight Baggage charges specified in this Rule on a space-available basis only and will be carried subject to the load capacities of the aircraft.
2) No articles will be accepted for transportation if they exceed more than 70 lbs. or if the aircraft in use does not yield itself to the carriage of the Baggage except as provided in this Rule.
3) In no event, will SkyKing accept over the Free Baggage Allowance limit that are either overweight, oversize or a combination thereof.
4) Excess Baggage Charges and Oversize/Overweight Baggage charges will apply from the point at which Baggage is accepted for transportation to the point at which Baggage is checked or transported in the Passenger compartment. Baggage connecting to other airlines also will be subject to the connecting airlines' excess charges and/or oversize/overweight charges, in addition to SkyKing's excess and/or oversize/overweight charges (see below for charges).
5) International Baggage Limitations
For purposes of this Rule, "Embargo" is defined as a period of time when the acceptance of Baggage is restricted or not allowed as set forth below.
a) Applicable for travel on all Domestic and International Flights
EMBARGO: Any Baggage in excess of the Free Baggage Allowance will be put on standby and transported as soon as space is available, upon payment of the excess charge, during the months of November to February.
6) Applicable Charges
For purposes of this Rule, Excess Baggage Charge is defined as the fee that is charged on a one-way trip basis for Carriage of an item that is in excess of the Free Baggage Allowance. Baggage that is excess and also oversized and/or overweight will be subject to both Excess Baggage Charges and Oversize/Overweight Baggage charges.

D) Special Items
Special items listed below will be accepted as Baggage by SkyKing in accordance with the following provisions and/or service charges specified. Charges prescribed in this Rule are based on a one-way trip and are applicable from the point at which the item is accepted to the point to which the item is transported. Where an item is not included in the Free Baggage Allowance, it will be subject to both the Excess Baggage Charge (but not Oversize/Overweight Baggage charges) and the service charges below.
1) Bassinets and Infant Carrying Seats
An Infant bassinet or carrying seat (approved in accordance with the CAA and US FAR 121.311), including car seats approved for airline travel, will be accepted for use in the Passenger compartment only when an additional seat is reserved for the Infant, a Ticket is purchased, and the Infant carrying seat (bassinet or car seat) can be secured properly by a seat belt.
2) Duffel bags, B-4 bags, and Sea bags - See Checked Free Baggage Allowance.
3) Firearms -Are not permitted.
4) Fragile or Perishable Items
a) A fragile or perishable item (see examples below) may be accepted as Checked Baggage in accordance with this Rule only if it is packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item or packed with protective internal material). SkyKing is not liable for loss/damage of contents or delay in delivery which result from the unsuitability of such item as Checked Baggage and/or the inadequacy of its packaging and not from the carrier's failure to exercise the ordinary standard of care.
b) Fragile and Perishable Items include, but are not limited to examples in Limitation of Liability, Rule 28 C) 9).
5) Musical Instruments
One musical instrument item will be carried free as Checked Baggage in lieu of one piece of Baggage. This item will be included in determining the Free Baggage Allowance, and when in excess, overweight or oversize (90 linear inches - 116 linear inches is considered oversized for musical instrument items) such item will be subject to the Excess Baggage Charge. SkyKing is not liable for damage to musical instrument items.
6) Restricted Articles
a) Any articles deemed a hazardous material pursuant to CAA DOT Hazardous Materials Regulations (49 CFR 171-177), the IATA Dangerous Goods Regulations and Official Air Transportation Restricted Articles Tariff No. 6-D, NTA (A) No. 37, C.A.B. No. 82 and revisions and reissues thereof (hereinafter the "Haz-Mat Regulations") will only be accepted subject to advance arrangements and compliance with the Haz-Mat Regulations.
b) Limited quantities of dry ice (maximum 4.4 pounds (2.0 kilograms) will be accepted for carriage in checked or Carry-on Baggage provided the Baggage is properly designed to permit the release of carbon dioxide, and the container is labeled, "DRY ICE" or "CARBON DIOXIDE SOLID."
7) Sporting Equipment
Sporting equipment items listed below will be accepted as Checked Baggage by SkyKing subject to the following conditions and/or payment of prescribed charges:
a) Unless otherwise indicated, one item of the following listed sporting equipment will be carried free as Checked Baggage in lieu of one piece of Baggage. This item of sporting equipment will be included in determining the Free Baggage Allowance, and when in excess, such item will be subject to the Excess Baggage Charge (but not Oversize/Overweight Baggage charges) in addition to any service charges specified below for the single piece, whether or not presented as a single piece.
(i) Boogie Boards
For purposes of this provision, one boogie board or one boogie board bag containing up to two boards will be considered as one item of sporting equipment. Skyking is not liable for damage to Boogie Boards.
(ii) Bowling Equipment
For purposes of this provision, one bowling bag containing up to three bowling balls and one pair of bowling shoes will be considered as one item of sporting equipment. Skyking is not liable for damage to Bowling Equipment.
(iii) Fishing Equipment
For purposes of this provision, two rods, one reel, one landing net, one pair of fishing boots and one fishing tackle box (all properly encased) will be considered as one item of sporting equipment. Skyking is not liable for damage to Fishing Equipment.
(iv) Hockey/Lacrosse Sticks
For purposes of this provision, up to two Hockey or Lacrosse sticks, taped together, will be considered as one item of Sporting Equipment. Skyking is not liable for damage to Hockey/Lacrosse sticks.
(v) Golfing Equipment
For purposes of this provision, one golf bag containing one set of golf clubs, golf balls, and one pair of golf shoes will be considered as one item of sporting equipment. The golf bag should be appropriately covered (e.g., zipped and/or locked in a golf bag carrying case).
SkyKing is not liable for damage to Golfing Equipment that is not contained in a hard-sided case.
(vi) Scuba-Diving Equipment
For purposes of this provision, one dive bag containing equipment used in the scuba-diving sport will be considered as one item of sporting equipment. Scuba equipment will be included in determining the Free Baggage Allowance, and when in excess, it will be subject to the Excess Baggage Charge for the single piece, whether or not presented as a single piece. SkyKing is not liable for damage to Scuba-Diving Equipment.
EXCEPTION: An empty dive tank will not be included in determining the Free Baggage Allowance and will be subject to a service charge of the applicable excess baggage charge.
(vii) Shooting Equipment
a. Firearms will not be accepted.
b. Shooting equipment is defined as:
i) A rifle case containing rifles, with or without scopes, 11 lbs. (five Kgs.) of ammunition, one shooting mat, noise suppressors and small rifle tools;
ii) Shotguns and shotgun cases and 11 lbs. (five Kgs.) of ammunition;
iii) A pistol case containing pistols.
iv) One bow case containing not more than two bows, quiver of arrows and maintenance kit.
c. Shooting equipment will not be accepted
d. Unless otherwise indicated, one item of the following listed sporting equipment will be carried as Checked Baggage in lieu of one piece of Baggage. These items of sporting equipment are not included in determining the Free Baggage Allowance and will be subject to the service charges specified below. Service charges are in addition to any Excess Baggage Charges that will apply. Oversize/Overweight Baggage charges will not apply.
(i) Bicycling Equipment (defined as one bicycle)
a. SkyKing will accept non-motorized touring or racing bicycles with single seats.
b. Bicycles must have handlebars fixed sideways and pedals removed, or handlebars and pedals encased in plastic foam or similar material, or bicycles must be placed in cardboard containers.
c. Bicycles will be subject to a service charge equal to the applicable Excess Baggage Charge per bicycle whether or not presented as a single piece.
Bicycles will be subject to a service charge of USD 80.00.
d. Bicycles will not be accepted for transportation during an Excess Baggage Embargo when no Excess Baggage is allowed.
(ii) Hang Gliding Equipment
(iii) Pole Vaulting Equipment
Subject to the conditions and charges specified below, one pole vault pole per Ticketed Passenger will be accepted as Checked Baggage, if aircraft size and load conditions permit. Skyking is not liable for damage to Pole Vaulting Equipment.
a. Advance arrangements must be made.
b. A pole vault pole will be subject to a service charge equal to the applicable Excess Baggage Charge.
c. Pole Vault poles will not be accepted for transportation during an Excess Baggage Embargo.
(iv) Surfboard/Wakeboards
Subject to the conditions and charges specified below, surfboards/wakeboards will be accepted as Checked Baggage. For purposes of this provision, one surfboard/wakeboard or one surfboard bag containing up to two boards will be considered as one item of surfing equipment. A surfboard is considered any regulation sized single board not exceeding 50 inches in length. Skyking is not liable for damage to Surfboards/Wakeboards.
a. Surfboards/wakeboards will be subject to a service charge for each item of surfing equipment, whether or not presented as a single piece, as follows:
i) (Applicable for travel to/from all other Destinations) Applicable Excess Baggage Charge.
b. The surfboard's skeg (fin) must be removed or well padded and the entire board encased in a suitable container sufficient to prevent scratches, dents or other damage during normal handling.
c. Surfboards in excess of one or one surfboard bag containing more than two boards per Ticketed Passenger will be accepted as Checked Baggage subject to a charge equal to three times the rate shown above and will be carried subject to availability of space.
d. Surfboards/wakeboards will not be accepted for transportation during an Excess Baggage Embargo when no excess Baggage is allowed during an Embargo period.
(v) Windsurfing Equipment
Subject to the conditions and charges specified below, windsurfing boards will be accepted as Checked Baggage. For purposes of this provision, one windsurfing board not exceeding 50 inches in length and not exceeding 100 lbs. with a boom and one mast and sail will be considered as one item of windsurfing equipment. Windsurfing equipment exceeding either the size or weight limitations will be accepted only as airfreight and will be subject to Skyking's normal freight charges. SkyKing is not liable for damage to Windsurfing Equipment.
a. Items of windsurfing equipment must be padded and enclosed in suitable packing to protect from scratches, dents or other damage resulting from normal handling.
b. Windsurfing equipment provisions will apply to tandem boards.
c. Windsurfing equipment will be subject to a service charge for each item of windsurfing equipment, whether or not presented as a single piece, of USD 50.00 as follows.
d. Items of windsurfing equipment in excess of one per Ticketed Passenger will be accepted subject to payment of three times the applicable service charge specified above and will be carried subject to availability of space. Additional size or acceptance limitations may apply dependent upon aircraft type and configuration.
e. Windsurfing equipment will not be accepted for transportation during an Excess Baggage Embargo.
9) Strollers
One stroller will be carried free as Checked Baggage in lieu of one piece of Baggage (62 inches Maximum Outside Linear Dimensions). This item will be included in determining the Free Baggage Allowance, and when in excess, overweight or oversize, such item will be subject to the Excess Baggage Charge. Skyking is not liable for damage to strollers.
10) Wheelchairs
Skyking will accept one wheelchair per Passenger as Baggage at no extra charge in addition to the Free Baggage Allowance.
a) In-cabin stowage of a wheelchair is not permitted
b) If no in-cabin storage space is available, the wheelchair will be carried in the cargo compartment of the aircraft.
c) SkyKing will accept only collapsible dry cell wheelchairs.
d) SkyKing has the ultimate responsibility to confirm an electric-powered wheelchair has its cables disconnected and terminals protected against electrical shortages before carriage.


E) Animals
The transportation of live animals (other than Service Animals) in the cabin of the aircraft is not permitted.
1) Charge for Carriage of Animals
An animal and its container will be subject to a service charge of USD 25.00.
2) Limitation of Exclusion from Liability
a) SkyKing will not be liable for illness or injury to an animal or death of an animal due to illness or injury when the animal has been handled by Skyking with ordinary standards of safety and care or when SkyKing has acted in the interests of the entire flight such as in an emergency or a force majeure event.
b) SkyKing will not be liable for loss or expense due to the Passenger's failure to comply with the provisions of this Rule, including, without limitation, if any animal is refused passage into or through any state or country.


RULE 19 - FLIGHT DELAYS/CANCELLATIONS/AIRCRAFT CHANGES

 

A) General
The provisions of this Rule apply to a Passenger who has a Ticket and a confirmed reservation on a flight that incurs a Change in Schedule, Force Majeure Event or a Schedule Irregularity. Times shown on ticket, timetable or elsewhere are not guaranteed and form no part of the Contract of Carriage. Schedules are subject to change without notice. SkyKing will notify Passengers at the gate and on board an affected aircraft, in a timely manner, of the best available information regarding known delays, cancellations, and diversions. SkyKing will not be responsible for errors or omissions either in timetables or other representation of schedules. No employee, agent or representative of SkyKing is authorized to bind SkyKing by any flight information statement.

B) Definitions
For the purpose of this Rule, the following terms have the meanings below:
1) Change in Schedule - an advance change in SkyKing's schedule that is not an unique event such as a Schedule Irregularity or Force Majeure Event as defined below.
2) Connecting Point - a point to which a Passenger holds or held confirmed space on a flight of one carrier and out of which the Passenger holds or held confirmed space on a flight of the same or another carrier. All airports through which a city is served by any carrier will be deemed to be a single Connecting Point when the receiving carrier has confirmed reservations to the Delivering Carrier.
3) Delivering Carrier - a carrier on whose flight a Passenger holds or held confirmed space to a ConnectingPoint.
4) Force Majeure Event - any of the following situations:
a) Any condition beyond SkyKing's control including, but not limited to, meteorological conditions, acts of God, riots, terrorist activities, civil commotions, embargoes, wars, hostilities, disturbances, or unsettled international conditions, either actual, threatened or reported, or any delay, demand, circumstances, or requirement due directly or indirectly to such condition;
b) Any strike, work stoppage, slowdown, lockout, or any other labor-related dispute involving or affecting SkyKing's services;
c) Any governmental regulation, demand or requirement;
d) Any shortage of labor, fuel, or facilities of SkyKing or others;
e) Damage to SkyKing's Aircraft or equipment caused by another party;
f) Any emergency situation requiring immediate care or protection for a person or property; or
g) Any event not reasonably foreseen, anticipated or predicted by SkyKing.
5) Misconnection - occurs at a Connecting Point when a Passenger holding confirmed space on an Original Receiving Carrier is unable to use such confirmed space because the Delivering Carrier was unable to deliver him/her to the Connecting Point in time to connect with the Original Receiving Carrier's flight.
NOTE: The same rules regarding Delivering and Original Receiving Carrier responsibilities apply at the subsequent point(s) of Misconnection as would apply at the point of original Misconnection.
6) Original Receiving Carrier(s) - a carrier or combination of connecting carriers on whose flight(s) a Passenger originally held or holds confirmed space from a Connecting Point to a destination, next Stopover or Connecting Point.
7) Schedule Irregularity - any of the following irregularities:
a) Delay in scheduled departure or arrival of a carrier's flight resulting in a Misconnection;
b) Flight or service cancellation, omission of a scheduled stop, or any other delay or interruption in the scheduled operation of a carrier's flight;
c) Substitution of aircraft type that provides different classes of service;
d) Schedule changes which require Rerouting of Passengers at departure time of the original flight; or
e) Cancellation of a reservation by SkyKing pursuant to Rule 5.

C) Change in Schedule
When a Passenger's Ticketed flight is affected because of a Change in Schedule, SkyKing will, at its election arrange one of the following:
1) Transport the Passenger on its own flights, subject to availability, to the Destination, next Stopover point, or transfer point shown on its portion of the Ticket, without Stopover in the same class of service, at no additional cost to the Passenger, will be transported on SkyKing's next flight on which space is available;
2) Reroute Passengers over the lines of one or more carriers when a Change in Schedule results in the cancellation of all Skyking service between two cities; or
3) Provide a refund in accordance with Rule 27 A) if the Passenger is not transported as provided in C) 1) or 2) above


D) Force Majeure Event

In the event of a Force Majeure Event, SkyKing without notice, may cancel, terminate, divert, postpone, or delay any flight, right of carriage or reservations (whether or not confirmed) and determine if any departure or landing should be made, without any liability on the part of Skyking. Skyking may reschedule passenger on another available SkyKing flight or refund any unused portions of the ticket in the form of a travel certificate.

E) Schedule Irregularity
1) Liability
Except to the extent provided in this Rule and the Warsaw Convention, SkyKing shall not be liable for any Schedule Irregularity.
2) Delay, Misconnection or Cancellation
a) When a Passenger's ticket is affected because of a Schedule Irregularity caused by SkyKing, SkyKing will take the following measures:
(i) Transport the Passenger on its own flights, subject to availability, to the Destination, next Stopover point, or transfer point shown on its portion of the Ticket, without Stopover in the same class of service, at no additional cost to the Passenger, in which space is available; or
(ii) At the Passenger's request, provided that the tariff covering the original transportation permits routing via the carrier which will transport the Passenger, SkyKing will reaccommodate the Passenger in the same class of service on the next available flight on another carrier, or combination of carriers, if the length of the delay to the Passenger's destination exceeds two hours.
b) In the event a Passenger misses an onward connecting flight on which space is reserved because the Delivering Carrier did not operate its flight due to a Schedule Irregularity or Change in Schedule, the Delivering Carrier is responsible to arrange for carriage of Passenger or to make a refund.
3) SkyKing will provide a refund in accordance with Rule 27 A), if the Passenger is not transported as provided in C) 2) above.

F) Amenities for Delayed Passengers
1) Lodging
The Passenger will be provided one night's lodging, or a maximum allowance for one night's lodging as established by each location, when a SkyKing flight on which the Passenger is being transported incurs a Schedule Irregularity and the Passenger incurs a delay that is expected to exceed four hours during the period 10:00p.m. to 6:00a.m.
EXCEPTION: Lodging will not be furnished:
a) To a Passenger whose trip is interrupted at a city which is his/her permanent domicile, or
b) When the destination city airport that is designated on the Passenger's Ticket and the city airport that the Passenger is diverted to are both within the following city groups:
c) When such interruption is due to circumstances outside SkyKing's control such as weather condition and air traffic control delays.

2) Meals
Passengers will be provided with one meal, per Passenger, if the delay caused by SkyKing to the Passenger under this Rule will extend beyond normal meal hours. When lodging is furnished in accordance with 1) above, the Passenger may be provided up to two meals.
3) Ground Transportation
When lodging is furnished in accordance with 1) above and ground transportation is not furnished by the hotel, SkyKing will provide ground transportation to the place of lodging via public conveyance.
4) Communication
SkyKing will provide one three-minute long distance telephone call when the delay caused by SkyKing under this Rule is expected to exceed two hours.
5) Passengers with Special Needs
During a Schedule Irregularity, SkyKing will provide such amenities as are necessary to maintain the safety and/or welfare of certain Passengers such as Qualified Individuals with Disabilities, unaccompanied minors, or the elderly.


RULE 20 - DENIED BOARDING COMPENSATION

 

A) Denied Boarding
When there is an Oversold SkyKing flight, the following provisions apply:
1) Request for Volunteers
a) SkyKing will request Passengers who are willing to relinquish their confirmed reserved space in exchange for compensation in an amount determined by SkyKing. If a Passenger is asked to volunteer, SkyKing will not later deny boarding to that Passenger involuntarily unless that Passenger was informed at the time he was asked to volunteer that there was a possibility of being denied boarding involuntarily and of the amount of compensation to which he/she would have been entitled in that event. The request for volunteers and the selection of such person to be denied space will be in a manner determined solely by SkyKing.
b) In exchange for voluntarily relinquishing confirmed reserved space on SkyKing, SkyKing may, at its option compensate the Passenger with credit valid for transportation on SkyKing in lieu of monetary compensation. The transportation credit will be valid only for travel on SkyKing for one year from the date of issue and will have no refund value.
2) Boarding Priorities
a) If a flight is Oversold, no one may be denied boarding against his/her will until SkyKing or other carrier personnel first ask for volunteers who will give up their reservations willingly in exchange for compensation as determined by SkyKing. If there are not enough volunteers, other Passengers may be denied boarding involuntarily in accordance with SkyKing's boarding priority as follows:
b) Passengers who are Qualified Individuals with Disabilities, or unaccompanied children under the age of 12 years, will be the last to be involuntarily denied boarding if it is determined by SkyKing that such denial would constitute a hardship.
c) The priority of all other Passengers will be determined in the order in which they present themselves for check-in in accordance with SkyKing's rules.
3) Transportation for Passengers Denied Boarding
When SkyKing is unable to provide previously confirmed space due to an Oversold flight, Skyking will provide transportation to such Passengers who have been denied boarding whether voluntarily or involuntarily in accordance with the provisions below.
a) SkyKing will transport the Passenger on its own flight to the Destination without Stopover on its next flight on which space is available at no additional cost to the Passenger, regardless of class of service.
b) If space is available on another Carrier's flight regardless of class of service, such flights may be used upon Passenger's request and at no additional cost to the Passenger only if such flight provides an earlier arrival than the SkyKing flight offered in 3) a) above.
4) Compensation for Passengers Denied Boarding Involuntarily
a) Subject to the following exceptions, SkyKing shall pay compensation to Passengers denied boarding involuntarily from an Oversold flight in the form of free Round-Trip Passage on a future flight.
b) EXCEPTIONS: A Passenger denied boarding involuntarily from an Oversold flight shall not be eligible for denied boarding compensation if:
(i) The Passenger holding a Ticket for confirmed reserved space does not comply fully with SkyKing's ticketing, check-in, and reconfirmation procedures, and requirements in this Contract of Carriage for acceptance for transportation;
(ii) The flight for which the Passenger holds confirmed reserved space is unable to accommodate the Passenger because of substitution of equipment of lesser capacity when required by operational or safety reasons;
(iii) The Passenger is offered accommodations or is seated in a section of the aircraft other than that specified on his/her ticket at no extra charge. Provided, if a Passenger is seated in a section for which a lower fare applies, the Passenger will be entitled to a refund applicable to the difference in fares;
(iv) The Passenger is accommodated on alternate transportation at no extra cost, which at the time such arrangements are made, is planned to arrive at the airport of the Passenger's next Stopover, (if any), or at the final destination, not later than 90 minutes within the scheduled arrival time of the flight on which the Passenger held confirmed reserved space; or
(v) The Passenger is an employee of SkyKing or of another Carrier or other person traveling without a confirmed reserved space.
5) Payment Time and Form
a) Compensation will be made by SkyKing on the day and at the place where the failure to provide confirmed reserved space occurs, and if accepted by the Passenger, the Passenger will provide asigned receipt to SkyKing. However, when SkyKing has arranged, for the Passenger's convenience, alternate means of transportation that departs before the compensation to the Passenger under this provision can be prepared and given to the Passenger, the compensation shall be sent by mail or other means to the Passenger within 24 hours thereafter.
b) SkyKing may offer free or reduced rate air transportation in lieu of monetary compensation due under this Rule.
6) Limitation of Liability
If SkyKing's offer of compensation pursuant to the above provisions is accepted by the Passenger, such payment will constitute full compensation for all actual or anticipatory damages incurred or to be incurred by the Passenger as a result of SkyKing's failure to provide the Passenger with confirmed reserved space.
7) Written Explanation of Denied Boarding Compensation and Boarding Priority Rules
Immediately after a denied boarding occurs, SkyKing will give Passengers who are denied boarding involuntarily a written explanatory statement describing the terms and conditions of denied boarding compensation and SkyKing's boarding priority rules.

RULE 21 REROUTING

 

A) Rerouting Eligibility
Unless the fare purchased otherwise indicates, SkyKing will reroute a Passenger at the Passenger's request and upon presentation of the Ticket or portion thereof then held by the Passenger plus payment of any applicable fees, charges, and fare differentials.

B) Fare Applicable to Rerouting or Change in Destination
1) Passengers may change the routing and/or the ultimate destination designated on his/her Ticket in accordance with paragraph 2 below provided that, after transportation has commenced, a one-way Ticket will not be converted into a Round-Trip, Circle-Trip, or Open-Jaw Trip Ticket.
2) Except as otherwise provided in Rule 25, the fare and charges applicable to any changes in itinerary, class of service, or change in ultimate destination made at the Passenger's request at an office of SkyKing prior to arrival at the ultimate destination named on the original Ticket, shall be the fare and charges in effect on the date when the revised routing and/or ultimate destination is entered on the Passenger's new Ticket. Any difference between the fare and charges so applicable to the original Ticket issued to the Passenger will be either collected from or refunded to the Passenger, as the case may be.


RULE 22 REFUNDS

 

A) Refunds - Involuntary
1) The amount SkyKing will refund upon surrender of the unused portion of the Passenger's Ticket for involuntary reasons pursuant to Rule 18 or Rule 21 will be as follows:
a) If no portion of the Ticket has been used: An amount equal to the fare and charges paid.
EXCEPTION: SkyKing shall not be obligated to refund any portion(s) of a fully unused Ticket which does not reflect a confirmed reservation on a SkyKing flight involved in a Schedule Irregularity, unless such Ticket was issued by SkyKing.
b) If a portion of the Ticket has been used:
(i) One-way fares - An amount equal to the unused segment.
(ii) Round-Trip - 50% of the round-trip fare for the class of service paid, for the unflown segment.

B) Refunds - Voluntary
For tickets eligible for refunds, unless it is an involuntary refund as stated in Paragraph (A) above, SkyKing will upon the Passenger's surrender of the unused portion of a SkyKing issued ticket or voided eTicket, refund to the Passenger as follows:
1) If no portion of the Ticket has been used, in accordance with these rules, the refund will be an amount equal to the total fare and charges paid, (less service charge).
2) If a portion of the Ticket has been used, in accordance with these rules, the refund will be an amount equal to the positive difference if any, between the fare and charges applicable to the Ticket issued to the Passenger, and the fare and charges applicable to the transportation of the Passenger covered by the used portion of the Ticket.
3) Refund will be made, provided application for such refund has been made not later than the expiration date of the Ticket.
4) SkyKing assumes no obligation to issue a voluntary refund unless such Ticket was issued by Skyking as a SkyKing Ticket. The term "RU Ticket" means Tickets printed, imprinted or issued electronically with the Skyking carrier code (025) as part of the Ticket serial number.
5) Any applicable administrative service charge or cancellation fee included as part of the published fare rule for the Ticket in question will be deducted from the amount to be refunded under 1) and above.
6) Tickets purchased with a fare rule stating they are non-refundable will not be refunded at the request of the Passenger.
7) SkyKing will issue refunds for eligible tickets within seven (7) business days for credit card purchases and 3 business days for cash purchases.

C) Person to Who Refund is Made
Except as provided below, SkyKing will refund in accordance with this Rule only to the person named as the Passenger on the Ticket.
EXCEPTION 1:
1) Tickets issued in exchange for a Prepaid Ticket Advice (PTA) will be refundable only to the purchaser of the PTA.
2) Tickets issued against a Transportation Request issued by The TCIG, will be refunded only to the government agency that issued the Transportation Request.
3) Tickets issued against a credit card honored by SkyKing will be refunded only to the account of the person to whom such credit card was issued.
4) Tickets issued in the name of a minor will be refunded to the parent, guardian, or a third party as designated in accordance with Exception 2 below.
EXCEPTION 2:
If at the time of purchase, the purchaser designates on the Ticket another person or entity to who refund shall be made, the refund will be made to the person so designated. A refund made in accordance with this procedure to a person representing his/herself as the person so designated on the Ticket exchange order shall be deemed a valid refund, and SkyKing will not be liable to the purchaser, or any other person for another refund.
EXCEPTION 3:
If at the time of application for refund, evidence is submitted that a company and/ or organization purchased the Ticket on behalf of its employees members, or the travel agent has made a refund to its client, such refund will be made directly to the employee's company or the Travel Agent.

D) Lost Tickets
1) Amount of Refund
Lost tickets will not be refunded. For a service charge equal to 50% of the base fare the ticket will be reissued.
2) Nonrefundable Tickets
Lost nonrefundable tickets will not be refunded. For a service charge, equal to 50% of the fare the ticket will be reissued, if application is submitted prior to scheduled travel. Non-refundable tickets will not be reissued after the date of travel reflected on each Flight Coupon.

E) Overcharge Refunds
Refund claims for overcharges must be submitted to SkyKing in writing within 45 days after the operation of the flight Segment to which such overcharge claim relates, after which time no claim or legal action based on such overcharge can be maintained.


RULE 23 - ADDITIONAL LIABILITY LIMITATIONS

 

A) Successive Carriers
Carriage to be performed under one Ticket or under a Ticket and any Conjunction Ticket issued in connection therewith by several successive carriers is regarded as a single operation.

B) Warsaw Convention Application
SkyKing agrees in accordance with Article 22(1) of the Warsaw Convention that, as to all international transportation hereunder as defined in the Warsaw Convention:
1) SkyKing shall not invoke the limitation of liability in Article 22(1) of the Warsaw Convention as to any claim for recoverable compensatory damages arising under Article 17 of the Warsaw Convention;
2) SkyKing shall not avail itself of any defense under Article 20(1) of the Warsaw Convention with respect to that portion of such claim which does not exceed 100,000 Special Drawing Rights (SDR's);
3) Except as otherwise provided in paragraphs (a) and (b) above, SkyKing reserves all defenses available under the Warsaw Convention to such claims. With respect to third parties, SkyKing reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity;
4) SkyKing agrees that subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the law of the Domicile or permanent residence of the Passenger;
5) Liability for delay of the Passenger shall not exceed the limitation set forth in the Warsaw Convention;
6) Nothing herein shall be deemed to affect the rights and liability of SkyKing with regard to any claims brought by, on behalf of, or in respect to any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger; and
7) Any action brought pursuant to the Warsaw Convention is barred unless commenced within two years of the alleged occurrence.

C) General Limitation of Liability
Except to the extent the Warsaw Convention or other applicable law may otherwise require or except as specifically provided otherwise in this Contract of Carriage, the following limitations of liability apply:
1) SkyKing shall not be liable for any death, injury, delay, loss or other damage of whatsoever nature (hereafter referred to collectively as "damage") arising out of or in connection with carriage or other services performed by SkyKing, unless such damage is proven to have been caused by the sole negligence or willful misconduct of SkyKing and there has been no contributory negligence on the part of the Passenger.
2) SkyKing shall not be liable for any damage arising out of SkyKing's compliance with any laws, government regulations, orders, rules, requirements or security directives or as a result of a Passenger's failure to comply with such laws, government regulations, orders, rules, requirements or security directives or as a result of Passenger's reliance on advice provided by SkyKing regarding such laws, regulations, orders, rules, requirements or security directives. See also Rule 19.
3) SkyKing shall not be liable for any punitive, consequential or special damages arising out of or in connection with carriage or other services performed by SkyKing, whether or not SkyKing had knowledge that such damage might be incurred.
4) Any limitations or exclusions of liability of SkyKing shall apply to and be for the benefit of SkyKing's agents, employees, vendors and representatives acting within the scope of their employment and also to any person whose aircraft is used by SkyKing and its agents, employees or representatives acting within the scope of their employment.
5) SkyKing shall not be liable for any illness, injury or disability, including death, attributable to Passenger's physical condition or for the aggravation of such condition.
6) International Limitation of Liability for Baggage
If at least one of the Passenger's Ticketed segments is for carriage outside the TCI, the following apply:
a) SkyKing shall not be liable for any damage arising out of or relating to the carriage of Passenger's unchecked, Carry-On Baggage or Cabin Baggage unless it was caused by the sole negligence or willful misconduct of SkyKing. Assistance rendered to the Passenger by SkyKing's employees in loading, unloading, or storing unchecked, Carry-On Baggage or Cabin Baggage shall be considered as gratuitous service to the Passenger for which SkyKing will not be liable.
b) Any liability for a Passenger's checked Baggage is limited to 9.07 USD per pound in the case of checked baggage with a maximum of 399.00 USD per bag, unless a higher value is declared and applicable charges paid in advance, as described below. In no case shall SkyKing's liability for a Passenger's Baggage exceed the actual loss incurred by the Passenger. All claims are subject to proof of the amount of the actual loss by the Passenger.
NOTE: (Applicable only to transportation exclusively on SkyKing or to Interline Transportation where SkyKing is the originating carrier). For purposes of determining liability under the Warsaw Convention and Contract of Carriage with respect to baggage acceptable for checking under Rule 23, the weight of each piece of such baggage shall be deemed to be the maximum allowable weight for each piece of such baggage under the Rule, unless the actual weight is stated on the Baggage Check.
c) SkyKing will not be liable for a Passenger's checked baggage if a fraudulent claim has been made concerning the bag, its contents or other property. If a fraudulent claim has been made then any form of compensation shall not be given.
d) In the event of delivery to the Passenger of part but not all of the Passenger's Checked Baggage, or in the event of damage to part but not all of such Baggage, the liability of SkyKing with respect to the undelivered or damaged portion shall be reduced proportionately on the basis of weight, regardless of the value of any part of the Baggage or contents thereof.
e) An action against for damage, delay or loss to Checked Baggage will be barred unless a Passenger makes a written claim to SkyKing for damage to Checked Baggage within seven (7) days from the date of receipt; and in the case of delay or loss, within 21 days from the date on which the Baggage or goods have been placed at his disposal (in the case of delay), or should have been placed at his disposal (in the case of loss).
f) No right to any claim against SkyKing related to Baggage will lie unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft was scheduled to have arrived, or from the date on which the carriage stopped.
7) Domestic Carriage Limitation of Liability for Baggage
If all of the Passenger's Ticketed segments are for carriage within the TCI, the following apply:
a) Liability for the loss of, damage to or delay in delivery of a Passenger's personal property, including Baggage, when such personal property or Baggage has been checked (unless a higher value is declared in advance and additional charges are paid and personal property is not otherwise excludable), is limited to USD 399.00 per Ticketed Passenger. Passenger will be responsible for documenting and proving the actual value of the loss. SkyKing shall not be liable for any consequential damages arising from the loss of, damage to or delay in delivery of Baggage.
b) SkyKing will not be liable for a Passenger's checked baggage if a fraudulent claim has been made concerning the bag, its contents or other property. If a fraudulent claim has been made then any form of compensation shall not be given.
c) SkyKing assumes no responsibility or liability for Baggage or other items carried in the Passenger compartment of the aircraft.
d) In the case of lost, damaged or delayed Baggage, a preliminary notice of claim must be submitted to SkyKing by the Passenger within four hours after arrival of the flight on which the Baggage was or was to be transported. In the event of failure to give such preliminary notice of claim (absent extraordinary circumstances to be determined at SkyKing's discretion), no action shall lie against SkyKing.
e) After preliminary notice of claim to SkyKing by the Passenger, the Passenger must obtain a written claim form from SkyKing.
f) The completed written claim form pertaining to the claimed lost, damaged or delayed Baggage must be received by SkyKing's System Tracing Center from the Passenger within 45 days after the flight date. If the Passenger's fails to return the completed written claim form within the specified time period (absent extraordinary circumstances to be determined at SkyKing's discretion), no action shall lie against SkyKing.
8) Wheelchairs and Other Assistive Devices
For domestic travel only, the baggage limitations of liability set forth in this Rule do not apply to claims for loss, damage or delay concerning wheelchairs or other assistive devices. Liability for a lost or irreparably damaged wheelchair or other assistive device will be the original purchase price of the device, or where repairable, the actual cost of repair. Documentary proof is required from the Passenger for any claim for damages, loss or repair. SkyKing has the right to inspect and document any pre-existing damage prior to acceptance of wheelchairs or other assistive devices as Checked Baggage. The notice and claim requirements of this Rule do apply.
9) Exclusions from Baggage Liability (Applies to Domestic and International Carriage)
a) Notwithstanding the foregoing limitations, SkyKing shall not be liable for the loss of, damage to or delay in delivery of any fragile or perishable items, nor for loss of, damage to or delay in delivery of any of the following:
(i) Antiques, artifacts, heirlooms, collectibles;
(ii) Antlers
(iii) Backpacks, sleeping bags and knapsacks made of plastic, vinyl or other easily torn material with aluminum frames, outside pockets or with protruding straps and buckles;
(iv) Business equipment and business samples;
(v) CDs, DVDs, MP3s;
(vi) Chinaware, glass, ceramics, pottery;
(vii) Computer hardware/software and electronic components/equipment;
(viii) Items checked in sacks or paper/plastic bags that do not have sufficient durability, do not have secure closures or do not provide sufficient protection to the contents;
(ix) Items checked in corrugated/cardboard boxes, including cardboard boxes provided by SkyKing, except for items that otherwise would be suitable for transportation without the cardboard box (e.g., bicycle, garment bag);
(x) Electronic and mechanical items, including electronic games;
(xi) Eyeglasses
(xii) Garment bags not designed for travel;
(xiii) Irreplaceable items;
(xiv) Items made of paper (e.g., advertising displays, blueprints, maps, manuscripts, business/personal documents, historical documents, photos, books, negotiable papers, securities, etc.);
(xv) Jewelry;
(xvi) Keys;
(xvii) Liquids, perfumes, liquor;
(xviii) Medicines, medical equipment;
(xix) Money;
(xx) Natural fur products;
(xxi) Perishable items such as food;
(xxii) Photographic/cinematographic/audio/video equipment and related items;
(xxiii) Precious metals/stones;
(xxiv) Tools;
(xxv) Totally unprotected items such as tennis racquets and umbrellas, either individual