IMPORTANT NOTICE - further terms and conditions such as the ticket returns policy, upgrades policy, commercial terms and suspensive conditions ("the Fare Rules") are displayed as a link from this website and users can access same after the booking but before the payment cycle. Such fare rules are deemed part of these website terms and conditions.
In this document: SAA means South African Airways and FLYSAA means this website
- Persons using the FLYSAA website for any reason whatsoever, subject themselves to and agree to the terms and conditions of FLYSAA when accessing the website as set out below.
- This website is intended to provide the user with information regarding FLYSAA, its products offered and/or services rendered.
- Without derogating from the aforegoing, FLYSAA hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
- such content is used for information and/or non-commercial purposes only; and
- any reproduction of this the content of this web site, or portion thereof, must include the following copyright notice: © SAA 2002. ALL RIGHTS RESERVED.
- Users that wish to use content from this site for commercial purposes may only do so with prior written permission.
INTELLECTUAL PROPERTY RIGHTS
All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to SAA, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.
DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002
- The full name and legal status of the website owner is: South African Airways SOC Ltd, reg. No. 1997/22444/07
- The full address of the website owner is detailed hereunder.
- The website address of this website is: www.flysaa.com
- Office bearers of SAA:
Ms. Duduzile Cynthia Myeni (Chairperson);
Ms. Mmakeaya Magoro Tryphosa Ramano (Deputy Chairperson and non-executive director);
Ms. Bajabulile Swazi Tshabalala (non-executive director);
Ms. Thandeka Nozipho Mgoduso (non-executive director);
Ms. Nazmeera Moola (non-executive director);
Mr. Akhter Hoosen Moosa (non-executive director);
Ms. Gugu Sepamla (non-executive director);
Mr. Siphile Buthelezi (non-executive director);
Mr. Peter Holmes Maluleka (non-executive director);
Mr. Mzimkulu Malunga (non-executive director);
Dr. Martha Mbatha (non-executive director); and
Mr. Peter Tshisevhe (non-executive director).
- Physical address for receipt of legal service: Airways Park, 1 Jones Road, OR Tambo International Airport, Kempton Park, Gauteng, South Africa.
- Main business: International and local passenger and cargo air transport.
- COSTS/PAYMENT METHODS
- Taxes: The following taxes are levied - Value-Added Tax, Airports Tax and Security Tax.
- Manner of payment: All major credit cards.
- Records of transactions: A record of the transaction is e-mailed to the user.
- Booking a flight without completing the purchase cycle shall not:
- constitute or give rise to any agreement between FLYSAA and users cannot hold FLYSAA liable if such items are not available when the purchase cycle is completed later; and/or
- constitute a booking for such a booking.
- An agreement between FLYSAA and a user shall only comes into effect if and when a credit card authorisation is received from an issuing bank; or
- FLYSAA reserves the right to refuse to accept and/or execute a booking without giving any reasons therefore. FLYSAA also reserves the right to cancel bookings in whole or in part in FLYSAA sole and absolute discretion. FLYSAA shall only be liable to refund monies already paid by the user.
- Time of dispatch: Users may collect tickets at SAA desks from departing airports
- Payment security: Secure Sockets Layer and digital certificates.
- Alternative dispute resolution: None
- Cooling-off period: You have the right to return goods or services purchased from this site within 7 days if such goods or services are not listed in section 42 of the Electronic Communications and Transactions Act No. 25 of 2002. This right does not extend to the following goods and/or services:
- for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
- by way of an auction;
- for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer.
- for services which have begun with the consumer's consent before the end of the seven day period referred to in section 45(1);
- where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;
- where the goods-
- are made to the consumer's specifications;
- or clearly personalized;
- by reason of their nature cannot be returned; or
- are liable to deteriorate or expire rapidly;
- where audio or video recordings or computer software were unsealed by the consumer;
- for the sale of newspapers, periodicals and magazines;
- for the provision of gaming and lottery services; or
- for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
- The user has the right to review, correct and cancel electronic transactions before the user effect payment and/or place a booking.
- The user may lodge a complaint at the Consumer Affairs Committee, as the case may be, if this site does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement.
- By using this website or communicating with FLYSAA by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".
- Booking a flight without completing the purchase cycle shall not:
CHANGES AND AMENDMENTS
- FLYSAA expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or nformation set out in this website without prior notice.
- FLYSAA reserves the right to change and amend the prices and rates quoted on this website without any notice.
- The user undertakes to check FLYSAA frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the website.
- FLYSAA protects a user's privacy.
- No personal information will be disclosed to third parties without the user's permission or due process, however, FLYSAA may share personal information with business partners.
- FLYSAA gathers and will be in possession of the following private and personal information of users and passengers:
- Information provided by the user voluntarily - this information is used to provide a better service to users; and
- Information automatically provided (e.g. cookies) - this information is gathered to better your browsing and interaction with FLYSAA. Cookies cannot harm your computer or carry viruses.
- By using this website the User consents to the following:
- FLYSAA may use your personal information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications;
- FLYSAA may use user's information for non-personal statistical purposes;
- FLYSAA retains the copyright in databases of personal information of users; and
- FLYSAA may share user's information with business partners for commercial reasons.
- Flysaa.com uses 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Content Network (GCN). As always we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing system.
- You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
LINKING AND FRAMING
- Any third party site may link to this website provided that such a link is directed at the home page of this website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of this website, without the prior written approval of FLYSAA.
- It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of FLYSAA.
AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
- No information or data on this website is an offer, but merely an invitation to do business.
- Merely sending a data message to this website shall conclude no agreements or its owners, valid agreements are only concluded as detail above.
- Data messages, such as e-mail, are only deemed to have been received by FLYSAA once reply to and such a reply does not include an auto-reply.
The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site' server or copyright infringement of any data and information available from this website. Data and information may only be used in compliance with sections 1 hereof.
LINKS TO THIRD PARTY SITES
- FLYSAA may provide links to the user only as a convenience and the inclusion of any link does not imply FLYSAA's endorsement of such sites.
- Linked websites or pages are not subject to the control of FLYSAA. FLYSAA shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.
SECURITY OF INFORMATION
- All reasonable steps will be taken to secure a user's information.
- User's undertake not to divulge their user name and passwords to any other person.
- It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that FLYSAA should suffer any damage or loss, civil damages will be claimed.
- Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, FLYSAA shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, FLYSAA makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
- This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with FLYSAA that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
- Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of FLYSAA and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
- All items purchased from FLYSAA are made pursuant to agreements with shipping and delivery agents and risk of loss pass from FLYSAA to such agents upon delivery of any item to such SAA or its partners.
- Neither FLYSAA nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website.
- These Terms and Conditions of Use constitute the entire agreement between FLYSAA and you, the user of this website. Any failure by FLYSAA to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
- In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
RULE OF CARRIAGE
- If the user's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of SAA or its partners for death or personal injury and in respect of loss of or damage to baggage. See also notices headed "Advice to International Users on Limitation of Liability" and "Notice of Baggage Liability Limitations".
- As used in this contract "ticket" means this user ticket and baggage check, or this itinerary/receipt if applicable, in the case of an electronic ticket, of which these conditions and the notices form part, "carriage" is equivalent to transportation", "SAA or its partners" means all air SAA or its partners that carry or undertake to carry the user or his baggage hereunder or perform any other service incidental to such air carriage, "electronic ticket" means the Itinerary/Receipt issued by or on behalf of SAA or its partners, the Electronic Coupons and, if applicable, a boarding document. "WARSAW CONVENTION" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable.
- Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not "international carriage" as defined by that Convention.
- To the extent not in conflict with the foregoing carriage and other services performed by each SAA or its partners are subject to:
- provisions contained in the ticket;
- applicable tariffs;
- SAA or its partner's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of SAA or its partners), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
- SAA or its partner's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in SAA or its partner's tariffs, conditions of carriage, regulations or timetables; SAA or its partner's address shall be the airport of departure shown opposite the first abbreviation of SAA or its partner's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in SAA or its partner's timetables as scheduled stopping places on the user's route; carriage to be performed hereunder by several successive SAA or its partner is regarded as a single operation.
- An air SAA or its partners issuing a ticket for carriage over the lines of another air SAA or its partners does so only as its Agent.
- Any exclusion or limitation of liability of SAA or its partners shall apply to and be for the benefit of agents, servants and representatives of SAA or its partners and any person whose aircraft is used by SAA or its partners for carriage and its agents, servants and representatives.
- Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to SAA or its partners forthwith after discovery of damage and, at least, within seven days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered.
See tariffs or conditions of carriage regarding non-international transportation.
- This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in SAA or its partner's tariffs', conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. SAA or its partners may refuse transportation if the applicable fare has not been paid.
- SAA or its partners undertakes to use its best efforts to carry the user and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. SAA or its partners may without notice substitute alternate SAA or its partner or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. SAA or its partners assumes no responsibility for making connections.
- Users shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by SAA or its partners or, if no time is fixed, early enough to complete departure procedures.
- No agent, servant or representative of SAA or its partners has authority to alter, modify or waive any provision of this contract.
- SAA OR ITS PARTNERS RESERVE THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR SAA OR ITS PARTNER'S TARIFFS, RULES OR REGULATIONS.
- ADVICE TO INTERNATIONAL USERS ON LIMITATION OF LIABILITY
- If your journey involves a destination or stop in a country other than the one from which you depart, the Warsaw Convention may govern the liability of all airlines involved in your journey, including any portion thereof within a single country. This Convention limits the liability of airlines for death or personal injury and for baggage loss or damage. Many air SAA or its partners have waived the Warsaw Convention limits for personal injury or death and the defence that they have taken all necessary measures to avoid the damage for the first 100,000 Special Drawing Rights of any such claim.
- In addition, in cases of death or bodily injury many air SAA or its partners will make advance payments to the person entitled to compensation, if required to meet immediate economic needs, in proportion to the hardship suffered. In accordance with EC Council Regulation No. 2027/97 ("the Regulation"). Community air SAA or its partners as defined in the Regulation make such payments to the person entitled to compensation. Other air SAA or its partners may apply alternate provisions.
- Consequently, you should inform yourself of the conditions applicable to your journey. The Conditions of Carriage of each airline involved in your journey, including its liability limits, are available from that airline.
- NOTICE OF BAGGAGE LIABILITY LIMITATIONS Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately US Dollars 9,07 per pound (US Dollars 20 per kilogram) for checked baggage and US Dollars 400 per user for unchecked baggage. For travel wholly between US points, Federal rules require any limit on an airline's baggage liability to be at least US Dollars 1250 per user. Excess valuation may be declared on certain types of articles. Some SAA or its partners assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the SAA or its partners.
- DENIED BOARDING BY OVERBOOKING In those countries where Denied Boarding Compensation regulations are in force, SAA or its partners operate compensation plans for users with confirmed reservations who are denied boarding because of non-availability of seats caused by overbooking. Details of these plans are available at the airline's offices.
- NOTICE OF GOVERNMENT IMPOSED TAXES AND FEES The price of a ticket may include taxes and fees, which are imposed on air transportation by government authorities. These taxes and fees, which may represent a significant portion of the cost of air travel, are either included in the fare, or shown separately in the 'TAX' box(es) of this ticket. You may also be required to pay taxes or fees not already collected.
- IMPORTANCE NOTICE: RECONFIRMATION OF INTERNATIONAL JOURNEYS If you break your journey for more than 72 hours at any point, please reconfirm your intention of using your continuing or return reservation. (This is not required by all airlines). To do so, please inform the airline office at the point where you intend to resume your journey at least 72 hours before departure of your flight. Failure to reconfirm will result in the cancellation of your reservation(s). If your journey is wholly within Europe this notice does not apply to you.
- DEPARTURE INFORMATION The time shown on the flight coupon is the departure time of the aircraft. However, to ensure on-time departure you must plan to arrive at the airport and report to the check-in counter in good time before the departure time. Flights cannot be held for users arriving late and not responsibility can be accepted in such cases. Therefore, it is in your own interest to check with the SAA or its partners on transport facilities and the minimum time required for check-in. SOUTH AFRICAN AIRWAYS is the actual SAA or its partners only when "SA" is entered in the "SAA or its partners" box of the flight coupon(s). Any other abbreviation in that box denotes another SAA or its partners.
APPLICABLE AND GOVENERING LAW
This website is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.
If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:
Street Address: Airways Park, OR Tambo International Airport, South Africa.
Postal Address: Private Bag X13, Airways Park, OR Tambo International Airport, 1627, South Africa
Tel: +27 11 978 1000 / +27 11 978 1000
Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of BUYS INCORPORATED ATTORNEYS, specialist in Internet and e-commerce law:
Telephone: (021) 461 7387
Website: www.buys.co.za This document is licensed to SAA for use on their website(s) only.
EXCLUSION OF LIABILITY
South African Airways will not assume responsibility to the member (or any Person nominated by them for an Award Certificate) for any indirect, consequential or special damages, howsoever caused, whether arising from any act or omission of South African Airways, or any third party for whom South African Airways is vicariously responsible (contractually or otherwise).
Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Voyager shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the service or content provided from and through this web site. Furthermore, Voyager makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from error or omissions or that the service will be 100% uninterrupted and error free.
- Voyager protects a user's privacy.
- No personal information will be disclosed to third parties without the user's permission or due process, however, Voyager may share personal information with business partners.
- Voyager gathers and will be in possession of the following private and personal information of users and passengers:
- Information automatically provided (eg cookies) - this information is gathered to better your browsing and interaction with Voyager. Cookies cannot harm your computer or carry viruses.
- By using this web site the User consents to the following:
- Voyager may use your personal information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications;
- Fly SAA may use user's information for non-personal statistical purposes;
- Fly SAA retains the copyright in databases of personal information of users; and
- Voyager may share user's information with business partners for commercial reasons.
SECURITY OF INFORMATION
- All reasonable steps will be taken to secure a user's information.
- User's undertake not to divulge their user name and passwords to any other person.
- It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that Voyager should suffer any damage or loss, civil damages will be claimed.
To learn more on our baggage policy and liability please read the information below:
ARTICLE 9 - BAGGAGE
FREE BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us or our Authorised Agents and are available on our website www.flysaa.com
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from your local Travel Agent or South African Airways office. or click here for a printable version.
ITEMS UNACCEPTABLE AS BAGGAGE
- You must not include in your Baggage:
- Items which do not constitute Baggage as defined in Article 1;
- Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);
- Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
- Items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request;
- Firearms and ammunition of any nature are prohibited from carriage as, or within Checked Baggage. We may accept such items as part of your baggage allowance and will provide you with assistance in the acceptance of such items. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 220.127.116.11.
- Weapons such as swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.
- You must not include in Checked Baggage, fragile or perishable items, artwork, money, jewellery, precious metals, computers, personal electronic devices, cellular telephones, cameras, audio and video equipment, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
- If, despite being prohibited, any items referred to in 9.3.1, 9.3.2 and 9.3.4 are included in your Baggage, such inclusion is entirely at your own risk, shall be without prejudice to any rights we may have in respect of such contravention and we shall not be responsible for any loss of or damage to such items in excess of the limitation of liability and subject to such defenses as applicable under the Convention.
- You must not include in your Baggage:
RIGHT TO REFUSE CARRIAGE
- Subject to paragraph 9.3.2 and 9.3.3, we will refuse to carry as Baggage the items described in 9.3, and we may refuse further carriage of any such items upon discovery. The right of search, whether exercised or not, constitute an agreement by us, either express or implied, to carry items within your Baggage which would otherwise be precluded from carriage.
- We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items is available upon request.
- We may refuse to carry as Baggage any item, due to safety, security or operational reasons, including Baggage which does not belong to you and which you have pooled* with your Baggage. *Baggage or items packed within your baggage that was passed on to you by a 3rd party, or baggage carried on behalf of someone else, the contents of which are not known to you must be declared to. The identification of such items, without you informing us could result in the refusal of carriage, and possible legal action. We do not accept liability for such Baggage and are entitled to an indemnity from you in respect of claims or losses incurred as a result of damage caused to it.
- We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
RIGHT OF SEARCH
- For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence of the purpose of determining whether you are in possession of or whether your Baggage contains any item described in 9.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 9.3.2 or 9.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or scan causes Damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.
- Upon delivery to us of your Baggage which you wish to check we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.
- Checked Baggage must have your name or other personal identification affixed to it.
- Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
- We may specify maximum dimensions and/or weight for Baggage which you carry on to the aircraft. If we have not done so, Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, it must be carried as Checked Baggage.
- Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 9.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
COLLECTION AND DELIVERY OF CHECKED BAGGAGE
- Subject to Article 9.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.
- Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage.
- If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage and if required by us, such person shall furnish adequate security to reimburse us for any loss, damage or expense which may be incurred by us as a result of such delivery.
If we agree to carry your animals they will be carried subject to the following conditions:
- You must ensure that animals such as dogs, cats, household birds and other pets, are properly crated and accompanied with valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit failing which, they will not be accepted for carriage. Such carriage may be subject to additional conditions specified by us, which are available on request;
- If accepted Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable rate. Animals will not be carried in the passenger cabin of the aircraft. They will be carried, suitably containerised, in the cargo compartment of the aircraft.
- 9.9.3 Guide dogs accompanying Passengers with disabilities will be carried free of charge in addition to the normal free Baggage allowance, subject to conditions specified by us, which are available on request.
- Where carriage is not subject to the liability rules of the Convention, we are not responsible for injury to or loss, sickness or death of an animal which we have agreed to carry unless we have been negligent;
- We will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal's entry into or passage through any country, state or territory and the person carrying the animal must reimburse us for any fines, cost, losses or liabilities reasonably imposed or incurred by us as a result.
ARTICLE 16 - LIABILITY FOR DAMAGE
- 16.1 The liability of South African Airways (Proprietary) Limited and each Carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as described in this article.
- 16.2 Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention. Reference is made to the special agreement we apply (see Article 16.4).
- 16.3 Where your carriage is not subject to or not inconsistent with the liability rules of the Convention, the following rules shall apply:
- 16.3.1 Any liability we have for Damage, will be reduced by any negligence, wrongful act or omission on your part which causes or contributes to the Damage in accordance with applicable law.
- 16.3.2 We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment. If we issue a Ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last carrier.
- 16.3.3 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.
- 16.3.4 We are not liable for any Damage arising from our compliance with.
- 16.3.5 Except in the case of and act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to SDR 19 per kilogram and in the case of Damage to Unchecked Baggage shall be limited to SDR 332 per passenger, where the Warsaw Convention applies to your journey, or 1,131 SDRs for Checked and Unchecked baggage where the Montreal Convention applies to your journey, provided that in either case if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If in the case of Checked Baggage a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value.
- 16.3.6 Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.
- 16.3.7 We are not liable for any Damage caused by your Baggage. You shall be responsible for and shall reimburse us in respect of any Damage caused by your Baggage to other persons or property, including our property.
- 16.3.8 Our liability for Damage to articles not permitted to be contained in Checked Baggage under 9.3, including fragile or perishable items, items having a special value, electronic devices, jewellery, precious metals, computers, personal equipment, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples shall, subject to any defenses as may be available to us, not exceed the limits of liability as provided for under the Convention.
- 16.3.9 We are not responsible for damage to any sporting equipment or musical instruments not presented in a hard-sided or appropriate case. If there is no damage to the outside of the hard sided case we shall have no liability to the contents thereof.
- 16.3.10 We shall have no liability for any existing damaged baggage.
- 16.3.11 We shall have no liability for oversized, overweight or over packed baggage.
- 16.3.12 In the course of normal handling, your baggage may show evidence of use. We are not liable for conditions that result from normal wear and tear such as minor cuts, scratches, scuffs, dents and soiled baggage. We are not liable for protruding parts such as wheels, feet straps, handles including telescoping / pull handles, hangers, hooks, loose flaps, pockets or other attached items.
- 16.3.13 We are not responsible for damaged baggage due to manufacturer’s defects.
- 16.3.14 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
- 16.3.15 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, is without exception also applicable to our Authorised Agents, servants, employees and representatives.
- 16.3.16 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly so stated herein.
- 16.3.17 We shall have no liability for items checked in sacks or paper/plastic bags that do not have sufficient durability or do not have secure closures or do not provide sufficient protection to the contents.
16.4 INTERNATIONAL CARRIAGE - SPECIAL AGREEMENT
- 16.4.1 The provisions in this Article 16.4 do not bind any other Carriers involved in your journey unless expressly indicated by them to you.
- 16.4.2 We agree that in respect of all international carriage of Passengers, to which the Convention applies, performed on flights or flight segments where our Airline Designator Code appears in the carrier box of the Ticket for that flight or flight segment:
- 18.104.22.168 We shall not invoke the limitation of liability in Article 22(1) for any claim for damages under Article 17 of the Convention;
- 22.214.171.124 We shall not avail ourselves of any defence under Article 20(1) of the Convention with respect to the portion of such claim which does not exceed 113,100 SDR's;
- 126.96.36.199 We shall without delay, and in any event not later than fifteen (15) days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered;
- 188.8.131.52 Without prejudice to paragraph 184.108.40.206 an advance payment shall not be less than the equivalent in ECU's of 16,000 SDR's per Passenger in the event of death;
- 220.127.116.11 an advance payment by us in terms hereof shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of our liability, but is not returnable, except if we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.
- 16.5 Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability or other defence available to us under the Convention or applicable laws. Without prejudice to the generality of the foregoing nothing herein contained shall waive any exclusion or limitation of liability or defence available to us under the Convention or applicable laws in relation to death, wounding or other bodily injury as against any public social insurance or similar body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury. Such claims shall be subject to the limit in Article 22(1) and to the defences under Article 20(1) of the Convention. We will compensate the Passenger or the Passengers' dependants for recoverable compensatory damages in excess of payments received from any public social insurance or similar body.
16.5.1 DOMESTIC CARRIAGE IN SOUTH AFRICA
For all carriage on our domestic services within the Republic of South Africa to which the Convention does not apply, the limit of our liability to or for each Passenger for death, wounding or other bodily injury shall be the sum of R1,000,000 (one million rand) inclusive of legal fees and costs subject to proof of the quantum of the claim and that the incident was the result of or was caused by negligence on our part, provided that this limit shall not apply to acts or omissions done with intent to cause damage or recklessly and with knowledge that damage should probably result.
ARTICLE 17 - TIME LIMITATION ON CLAIMS AND ACTIONS
17.1 NOTICE OF CLAIMS
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If your wish to file a claim or an action regarding delay of Checked Baggage you must notify us within twenty-one (21) Days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing and dispatched immediately after discovery of the damage or delay and at the latest within the time limits aforesaid.
LIMITATION OF ACTIONS
Any right to Damages shall be extinguished if an action is not brought within two (2) years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
NOTE For domestic carriage (i.e. wholly within the Republic of South Africa) the period of limitation shall be three years.
ARTICLE 18 - MODIFICATION AND WAIVER
No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.
These General Conditions represent a binding contract between you and us. You must make sure that you have read carefully all of its provisions to ensure that you are prepared to be bound solely by its terms.
ARTICLE 19 - OTHER CONDITIONS
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern, amongst other things, the carriage of unaccompanied minors, pregnant women, sick passengers, restrictions on use of electronic devices and items, the on board consumption of alcoholic beverages and the carriage of animals.
ARTICLE 20 - INTERPRETATION
The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of text.
Name of Carrier : South African Airways
Abbreviation of Name : SA
The information in this e-mail which includes any attachments is
- may be privileged and
Access to this e-mail by anyone else is unauthorised. If this e-mail is not intended for you, you may not copy, distribute, or disclose the included information to anyone. Neither South African Airways, nor any related entity will be held liable for any loss or damages whatsoever arising out of your reliance on the information contained in this e-mail. If you are not the intended recipient you are requested to advise the sender by return and delete this e-mail and any enclosed data from all storage media. Any disclosure of confidential or privileged information transmitted herewith may result in legal proceedings being instituted against the recipient hereof.
Whilst all reasonable steps are taken to ensure the accuracy and integrity of information and data transmitted electronically, and to preserve the confidentiality thereof, South African Airways will not be held liable for any loss or damages caused of whatsoever nature arising out of information or data that is, for whatever reason, intercepted, corrupted, infected with a computer virus or does not reach its intended destination, timeously or at all. It is the responsibility of the named recipient(s) to ensure that this e-mail and its contents are virus free.
Unless the sender of this e-mail is duly authorised by South African Airways to send this e-mail and unless the content of this e-mail is also duly authorised by South African Airways, any views or undertakings expressed in this e-mail are those of the individual sender in his or her personal capacity and South African Airways will not be held liable for any loss or damages arising there from of whatsoever nature. Any recipient of an e-mail which constitutes spam contains infringing or offensive content of any nature is requested to report the matter to South African Airways. No one may conclude any binding agreement on behalf of South African Airways with another party by e-mail without express written confirmation by a duly authorised representative of South African Airways.
This notice also serves to inform any person who intends to use the e-mail system provided by South African Airways that any e-mail communication so sent may be intercepted in accordance with applicable provisions of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002. Persons corresponding with SAA by e-mail are advised that all e-mail received into SAA and sent out from SAA, is archived. SAA reserves the right to institute legal proceedings against the sender for any use of this email facility contrary to the acceptable use policy.
If your journey was a private one, commenced after 31st October, 2013 and if the place of jurisdiction is Germany, you will have the right in the event of a dispute to contact the independent, cross-transport-service ‘Arbitration Board for Public Passenger Transport’ (SÖP):
Schlichtungsstelle für den öffentlichen Personenverkehr e.V.
You can do this when your concern relates to non-carriage, delayed carriage or a flight cancellation; the destruction, damage, loss or delayed carriage of your baggage, or breach of duties during the carriage of disabled or mobility-impaired passengers if you have already contacted South African Airways regarding your concerns and have not received any reply within two months, or you disagree with the handling of your complaint, or with the settlement of your claims by South African Airways, your financial claim amounts to at least 10 Euro and not more than 5,000 Euro, your issue is not already being dealt with by a national regulatory authority, e.g. the Civil -Aviation Authority (Germany), or is or has not already been pending before a court or has not been settled in a similar way. Reference should also be made to the rules of procedure of the Arbitration Board for Public Passenger Transport (SÖP).