Terms & Conditions for scheduled flight bookings (with the prefix ZB ) made on or after 24 January 2016 with the date of the first flight of any such booking being on or after 01 November 2016 Flight Terms Flight Terms Terms & Conditions for scheduled flight bookings (with the prefix ZB ) made on or after 24 January 2016 with the date of the first flight of any such booking being on or after 01 November 2016 Many of the flights and flight inclusive holidays on this website are financially protected by the ATOL scheme, but ATOL protection does not apply to all holiday and travel services listed on this website. If you are buying a flight from Monarch Airlines operated by Monarch Airlines Limited with a flight date of on or after 1st November 2016 (or the first flight contained in a return booking has a flight date on or after 1st November 2016) your flight will NOT be ATOL protected. First Aviation will be arranging your flight in its capacity as an Airline Ticket Agent for Monarch Airlines Limited. Your contract will be between You and Monarch Airlines Limited. The terms and conditions that will apply to your booking can be found HERE. If you booked your flight on or before 23 January 2016 or you are buying a flight with a travel date of on or before 31 October 2016 then your flight may be ATOL protected. The terms and conditions that apply to your booking can be found HERE. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL certificate then the booking will not be ATOL protected. If you do receive an ATOL certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information or more information about financial protection and the ATOL certificate go to: www.atol.org.uk. Monarch flights, holidays and hotels book cheap flights, holidays and hotels online Copyright Monarch all rights reserved. First Aviation Limited Scheduled Flight Booking Terms & Conditions Monarch Airlines is a trading name of Monarch Airlines Limited (company number 00907593 and registered address Prospect House, Prospect Way, London Luton Airport, Luton LU2 9NU). These Flight Terms apply to: all scheduled flights operated by Monarch Airlines Limited or by any other Community Air Carrier on behalf of Monarch Airlines Limited, and all references to "us", "we", "our", and "Monarch" shall mean Monarch Airlines Limited and all references to "you" or "your" shall mean you and each member of your booking party. Definitions:
For the purposes of these terms: References to the Operating Carrier shall be references to Monarch Airlines Limited unless expressly stated otherwise. Any reference to fare shall mean the amount paid or to be paid for the relevant Flight and may include additional fees, taxes and/or surcharges (including fees for the use of a licensed third party booking system), but excluding APD. Any reference to Flight shall mean a single scheduled flight operated by the Operating Carrier with the prefix ZB from one airport to another airport. Any reference to Ticket shall mean, as applicable, your passenger ticket and /or Invoice or an Electronic Ticket and in each case your Baggage Identification Tag issued to you by us, or an authorised third party, and in each case including the Conditions of Carriage which form a part thereof. 1. Scheduled Flight Terms and Conditions ("Flight Terms") These Flight Terms should be read in conjunction with any Invoice, the Operating Carrier's Conditions of Carriage, your Electronic Ticket, any applicable Tariffs, our Website terms and conditions, and our privacy policy. These Flight Terms apply to all Operating Carrier scheduled flights sold by us with the prefix ZB. If you have booked a charter flight with the prefix MON, your contract will be with Avro Limited and you should refer to the Monarch Charter Flight Terms If you have booked any services other than Flights including accommodation and/or car hire via us please note that in addition to these terms. Monarch's Terms of Agency will also apply. 2. Security information The Monarch security guarantee protects you while booking online so that you never have to worry about credit or debit card security. We are so confident about the transaction security we offer on our site that we back every booking with a security guarantee. Our secure server software (SSL) is the industry standard and is among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit or debit card number, name and address so that it cannot be read as it travels over the Internet. 3. Booking Conditions
4. How do I make a booking? You can make your booking through a travel agent or at the airport via the Monarch sales desk (where available) or through our website www.monarch.co.uk, or by telephoning us direct on 0333 003 0700. Fares, all taxes and, in relation to your Flight, charges relating to your booking must be paid in full before a booking will be made. If such sums have not been paid in full (or appropriate credit arrangements are not made with us) when a booking is made, we may at any time without notice prior to travel cancel the booking. The fare will be payable by you regardless of whether you take your flight for which a booking has been made, except as provided in these Flight Terms. Insurance premiums (if required) are due at the time you make your booking. Payment can be made by credit/debit card. For any payments made by credit card, there will be a processing charge which will be advised to you at the time of booking. We can only accept a booking if the lead name or person making the booking is a minimum of 18 years old on or before the date of the flight. If the person making the booking is not a passenger we will ask for the person making the booking s name. The person making the booking will be deemed to accept these Flight Terms on behalf of all passengers named in the booking and be responsible for receiving and relaying any and all communications/correspondence (including changes, amendments and cancellations) from us and provide us with the contact details of the lead passenger on the booking who will be contactable by us for the purposes of advising of disruption events including delays and cancellations. Any person making the booking in this way will be deemed to have the consent of each passenger to receive any refund or payments made by us to any passengers under the booking. If you have booked and paid with a debit/ credit card you must be able to present that debit/ credit card at check in. This is to assist the check in process and to provide debit/ credit card verification. Payments must be authorised by the cardholder named in the booking. We reserve the right to cancel your booking without prior notice if we reasonably suspect that you or the cardholder are associated with any kind of fraudulent activity. Such suspicion may be based on the following activities: 1) You cannot provide, when questioned, contact information for the cardholder so that we may carry out security checks; 2) The cardholder did not authorise the payment and claims that the booking is fraudulent;
3) There has been previous fraudulent activity/chargebacks by you or the cardholder; 4) Information given while booking is erroneous/inadequate/inconsistent/linked to fraudulent behaviour; Following confirmation of your travel arrangements, we will issue an Invoice. We will have no liability to you arising out of the provision of an email address which is incorrect and/or not kept up to date or informed us of any changes. Please check that all information which appears on the Invoice is correct and complete. Please also check that each name is exactly as stated in the relevant passport. If any information which appears on the Invoice or elsewhere appears to be incorrect or incomplete, please contact us or your Travel Agent immediately (and in any case within 10 days of the receipt of confirmation (within 5 days for Flights)). This will greatly help us to make the changes you need. We will do our best to rectify any inaccuracies notified. However, if you delay in informing us of these, it may not be possible to correct them later. You will be responsible for any costs and expenses involved in correcting errors except where we made the mistake. Unless otherwise stated in these Flight Terms, you are not entitled to change your booking once confirmed, except that names of passengers or flights (subject to availability) may be changed prior to check in for the original flight on payment of a fee (as set out in our Flights fares, taxes & charges FAQs section of our website) per passenger per flight plus payment of any difference in fares, taxes and other applicable charges between the booking originally made and the applicable fares, taxes and any other charges for the new flights at the time the change is made. Please note that we reserve the right to refuse a booking at our discretion without giving any reason for such refusal. In such circumstances, any payment received by us will be returned to you. To the best of our knowledge all our published information is correct at the time of publication. It does not commit any of the carriers/independent organisations mentioned or any Operating Carrier whose services may be used by us in the course of any Flights. Please note, advertised information and prices may have changed by the time you come to book your chosen travel arrangements and we reserve the right to change any website prices or other information before your booking is confirmed and the amended information will then form part of your contract with us. Whilst every effort is made to ensure the accuracy of information and prices, regrettably errors do occasionally occur and we reserve the right to correct errors prior to confirming your booking. You must therefore ensure you check all details of your chosen arrangements (including the price) with your travel agent or us at the time of booking. Where there appears to be an obvious pricing error your travel agent has an obligation to point out such pricing errors to us. 5. Dynamic Currency Conversion (DCC) For your convenience we may offer you the choice of paying in either the on screen currency applicable to your booking or (if different) the currency of your payment card. The offer is valid for
your current booking only and may not be available for later transactions whether relating to the same or other bookings. This facility is known as Dynamic Currency Conversion (DCC) and the exchange rate is based on Reuters wholesale exchange rate plus an average margin of 7 percent which may be more competitive than the rate offered by your card provider. If you select the option of paying in your card currency then the on screen total will subsequently appear on your card statement. After payment has been made in the currency of your choice neither you nor we can change to another currency for the same booking. Cardholder's choice of currency is final. By opting to use DCC you are choosing not to use the MasterCard currency conversion process and agree that you will have no recourse against MasterCard concerning the currency conversion or its disclosure. The DCC service is not offered by Visa. 6. Discount Codes Discount codes are only valid at the time of booking. They are not applicable if flights are subsequently changed. Discount Codes are valid on new bookings only and cannot be applied to existing bookings. Any Discount is in addition to the normal internet discount of 15 per passenger per return flight in comparison to the price of booking via the phone. No more than one discount code can be used per booking. Discount codes are only valid for scheduled flights (ZB). Discount codes are not applicable to infant passengers. Discount codes cannot be used against airport taxes, charges or fees. Where the flight base fare is less than the value of the discount, we will only be able to discount by the value of the fare, thereby giving the customer less than the advertised discount. 7. If we change or cancel your flight before you depart. Our programme is planned many months in advance and occasionally we may have to make changes to and correct errors in published details both before and after bookings have been confirmed and we may also cancel confirmed bookings. We reserve the right to do so.
If, after you make a booking, we make a significant change to your Flight, which is not acceptable to you, and we are unable to book you on an alternate flight, which is acceptable to you, you will be entitled to a refund for the fare, or the portion of the Fare as applicable, paid for that Flight. A significant change is a change made before departure which, taking account of the information you give us at the time your booking is made and which we can reasonably be expected to know is likely to have a significant effect on your travel arrangements. Our primary concern is for the Operating Carrier to transport you to your destination safely and on time, but in the event of your Flight being delayed or cancelled, or that you are denied boarding due to over booking, we are aware of the Operating Carrier s obligations under the European legislation regarding your rights to compensation (Regulation (EC) 261/2004). 8. Force Majeure Except where otherwise expressly stated in these Flight Terms, we regret we cannot accept any liability, pay compensation or welfare expenses where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever as a result of, force majeure. In these Flight Terms, force majeure means any event, which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events (actual or threatened) may include war, riot, civil strife, terrorist activity, industrial dispute, insolvency of airlines, natural or nuclear disaster, epidemics, technical problems with aircraft or transport, closure or congestion of airports and/or runways, adverse weather conditions, fire and all similar events outside our control. 9. If you want to change or cancel your booking Change of Flight Where a booking has been made directly with us, you can, subject to these Flight Terms, transfer Flights (that is, the date, the time or the route of the Flight) for an administration fee per passenger per Flight as set out in the Flights fares, taxes & charges FAQs section of our website plus any difference between the original fare paid and the lowest fare available for the new Flight at the time the change is made. If the available fare is lower than the original fare paid, no refund will be made. The changes must be completed more than three hours prior to the original Flight's scheduled departure time by calling customer services on 0333 003 0700, or completed more than 6 hours prior to the original Flight's departure through our website. Where the booking has been made by one of our agents or any other third party the Flight can be transferred to another Flight but such transfer must be made through that agent or third party
booking system and different fees may apply. The changes must be completed more than three hours prior to the original Flight's scheduled departure time. Name Change Subject to these Flight Terms, names of passengers may be changed on payment of a fee as set out in the Flights fares, taxes & charges FAQs section of our website per Flight as long as this change is made more than three hours prior to the Flight s scheduled departure time and the original booking was made directly with us. Such changes can be made either via the website, with an agent or third party booking system or by telephoning our customer service team. Such changes can also be made by going to the airport Sales Desk (where available) at any time more than three hours prior to the Flight s scheduled departure time. Name changes must apply to the entire trip. Where the booking has been made directly with us, changes to that booking can only be made by contacting us. Where the booking has been made an agent or third party, changes to that booking must be made via them and different fees may apply. If there is a difference between the original fare paid or payable when the booking is made and the applicable fare available at the time the change is made, you will be required to pay any increase in the fare since the original booking was made. We will not be able to refund you if the new fare is lower than the original fare when the booking was made. Cancelling your Flight Bookings for Flights are generally non refundable except as provided in these Flight Terms. Credit card charges and/or fees are not refundable. Any taxes (other than Air Passenger Duty ( APD )) and charges levied against us or the Operating Carrier directly, even if they are based on the number of passengers flown, by an airport operator are not refundable. In circumstances where you accept an alternative to a refund, the relevant terms and conditions will apply to that alternative. A cancellation can only be processed if notified to us more than 3 hours prior to the Flight's scheduled departure time. Subject to a non refundable ticket being unused, and subject always to these Flight Terms, any taxes, fees or charges levied by Government or other authority will be refunded on request, subject to an administration charge of 25/37.50 euros per refund transaction (not per passenger). Fuel surcharges, admin fees, credit card charges and passenger liability charges are non refundable. Any refund shall be made within 7 business days for credit card or cash purchases and 20 days for
cheque purchases. A cancellation fee per passenger per Flight will be charged in accordance with the fees set out in our fares, taxes & charges fees for scheduled flights section on our website. If your booking has been made with us, the booking may only be cancelled by contacting our customer services team. We shall make a refund straight back either to the original method of payment or if the original method of payment is no longer available, a different method of payment which must also be in the booker s name. Cancelling/Changes in Exceptional Circumstances We will consider at our sole discretion issuing a credit or a refund or changing your booking where you have exceptional circumstances which make you unable to fly, provided that the claim and a copy of any supporting documentation (e.g.: death certificate in the case of a bereavement) is submitted to our customer services team. All claims will be assessed entirely at our discretion. Any credit issued will be to the value of the original fare paid per passenger per Flight and can be used within the following six month period against any future Flights with us. We strongly recommend that you obtain adequate travel insurance to cover yourself and your travel group for such circumstances. 10. Taxes and charges After payment of all fare(s), taxes and charges for your Booking have been made, there will be no increase in fare(s) for the date, Flight and class of services booked EXCEPT that if any government or other authority, or the operator of an airport, subsequently imposes a per passenger tax or charge, or increases the amount of any existing per passenger tax or charge, then we reserve the right to require payment of the additional tax or charge applicable to your booking and to recover such additional taxes or charge from you by using (which use you hereby authorise) the payment card detailed on your Confirmation Form irrespective of whether we have sent, or you have received, notice thereof. We will use our reasonable endeavours to ensure that you are promptly notified of any requirement for an additional payment. Baggage allowance and additional Monarch Charges As a guide, and on payment of the applicable charge, the Monarch hold baggage allowance is 20kg per bag (for Infants this is 10kg, provided the hold bag fee has been paid by the Infant s
accompanying adult). Excess baggage is charged at the prevailing rate at the time of the Flight and additional charges may apply for certain types of baggage, for example, sports equipment or musical instruments. Please see the relevant section on the Monarch website for full details. Flights fares, taxes & charges FAQs. If your Flight is booked with an Operating Carrier other than Monarch Airlines Limited, your baggage allowance and additional baggage charges will be subject to the Terms and Conditions of that Operating Carrier. 11. Travel Insurance If you have purchased single trip travel insurance as part of your booking process the policy wording does not apply to any insurance policies purchased outside of the booking process (e.g annual trip, sports cover, business cover, extended stay, etc). If you purchased insurance at the time you booked your Flight and subsequently change your Flight times, please note that this may invalidate your travel insurance. You will need to pay an additional premium or purchase a new policy in order to keep your insurance cover valid. If your outward Flight is scheduled to depart within the next 14 days, immediately click here to effect your new travel insurance for the entire duration that you are overseas. If your departure date is over 14 days away then please call our specialist travel insurance helpline on 0870 027 3829 0870 027 3829 who will be happy to make appropriate arrangements for you. Our normal office hours are Monday to Friday 9am to 5.30pm. 12. Behaviour You must be responsible for the behaviour of yourself and your party. We can refuse to accept you as a customer or refuse to continue dealing with you by terminating your arrangements if your behaviour, or the behaviour of any member of your party, is, or is likely to be, in our reasonable opinion, or in the reasonable opinion of the Airline Pilot or any other person in authority, disruptive, upsetting or dangerous to yourself or anyone else, or if you have caused, or are likely to cause, damage to property. We will not pay any refund, compensation or any other sum whatsoever or any costs or expenses incurred by you or your party if we have to terminate your arrangements due to any of the above or similar unacceptable behaviour. In this situation we will have no further responsibility for you (including your return travel arrangements). If your unacceptable behaviour means you are not able to board a Flight then we will treat your booking as cancelled from that
moment. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to us or to any other supplier or any person in authority. If you fail to do so, you must indemnify us for the full amount of any claim (together with our own and the other party's full legal costs) made against us by any third party as a result of your behaviour. 13. Passports, Health & Travel Documents Please ensure that your passport is valid and you have any required visa or other documentation for your complete trip and that the name on your passport matches the name on your Invoice. If you fail to do so, you may not be accepted for a Flight and you will be solely responsible for the associated costs, losses or damage incurred as a result of your failure to present the correct documents. British citizens must hold a valid 10 year passport. Please note that certain destinations insist upon at least six months validity from the return date Depending on your nationality, visas may be required for entry into certain destination countries and it is your responsibility to verify whether a visa is required before you travel. If health documents are necessary to comply with the requirements of any country you wish to visit, it is your responsibility to obtain them. Should failure to obtain any such documents result in fines, surcharges or other financial penalty being imposed upon us, you will be liable to reimburse us accordingly. Where entry is refused, fines or other penalties may be imposed on us and you may be required to return immediately to their country of departure. In addition to being liable to pay any fines and surcharges, you will be liable to pay the cost of your immediate return Flight. You should investigate, by consulting your own doctor if necessary, specific health precautions deemed prudent for the country / resort you intend to visit, and ensure that the appropriate medication/ inoculation requirements are complied with. If you arrive at the airport without the correct documentation, you may be refused carriage by us (or the Operating Carrier if not us) or if you do board your Flight, may be refused entry into any country. As a result of legislation introduced by the European Union, when you are travelling between certain countries in Europe and surrounding countries, we are required to provide Advanced Passenger Information (API) to certain destination airports in advance of your Flight. If this information is required, we will advise you of the requirement and how to provide this information. You will need to provide this information more than 3 hours before the scheduled departure of your Flight. The provision of this information to the destination airports does not imply any acceptance or eligibility for you to enter any state, territory or country. 14. Flying with children and infants
Infants (children under 2 years old at the time of flying) Infants MUST be accompanied by an adult aged 16+ years. In all circumstances the booking must be made by someone who is 18 years or older If an adult is travelling with two Infants, one Infant must sit on the accompanying adult s lap and the other Infant must occupy a separate seat on the aircraft next to and purchased by the accompanying adult and be seated in a suitable child car seat/restraint. Infants under two weeks of age will not be accepted for travel. It is the accompanying person's responsibility to ensure that each Infant and child is adequately secured in its aircraft seat. Children Children aged two years or over must occupy their own seat on the aircraft for which the fare payable will be the same as for any adult. Children (under 16 years at time of travel) MUST be accompanied by an adult aged 16+ years. In all circumstances the Booking must be made by someone who is 18 years or older. It is your responsibility to ensure that all children and infants on the booking have the correct travel documents. 15. Assistance at the Airport If you have pre booked assistance to get to the departure gate, please advise either a member of our airport staff at check in or proceed to the pick up point provided by the nominated Airport Authority (ie the relevant operator of the airport) when you arrive at the airport and they will organise the assistance for you. Please remember to allow extra time for this. If you are travelling with a wheelchair or are accompanied by a Guide or Assistance Dog, you must notify us, or any third party through which your booking was made, of any additional assistance you require at least 48 hours prior to travel and preferably when your booking is made. Neither we nor the carrier will be liable for any Guide or Assistance Dogs without the requisite documentation at the time of travel or for any injury, loss, delay, sickness or death of the animal or any costs incurred in the event that the Guide or Assistance Dog is refused entry into any country or territory. Guide or Assistance Dogs will be accommodated free of charge on the floor of the aircraft at the feet of the handler/passenger and must wear a harness (which shall be supplied by the
handler/passenger) at all times on board the aircraft and in the airport terminal. Once you have checked in, your passport and travel documents will be checked as you go through the security screening point and again before you board the aircraft. We recommend that you present yourself at the boarding gate ready for boarding no later than 60 minutes before the scheduled departure time of your Flight. 16. Seat selection and Check in These provisions are subject always to the Terms and Conditions of the Operating Carrier. All seat fees are non refundable. Seat fees are transferable should you change your Flight. Seat requests will be honoured wherever possible, however they cannot be guaranteed. Passengers with medical conditions are advised to contact our call centre on 0333 003 0700, or to go to our website www.monarch.co.uk or the applicable Operating Carrier s website to request assistance if required and specific seating suitable for their needs, subject to availability. For safety reasons, passengers travelling with Infants are only allowed to occupy certain seats. Seat requests are only available online until 6 hours prior to the scheduled departure time the Flight. Within 6 hours of departure of the scheduled departure time of the Flight, seat selection can only be requested at check in. We reserve the right to reallocate your requested seat to another passenger if you fail to check in within 90 minutes of the scheduled departure time. Subject to operational requirements, it may be necessary for the Operating Carrier to change the aircraft type operating your Flight. In such circumstances, we will endeavour to match your seat request on the new aircraft, however this cannot be guaranteed. Should we need to amend your seat selection, but are unable to honour any extra legroom seat reservations you may have paid for, you will receive a refund of the seat reservation fees. To avoid leaving unallocated single seats, seat selections of a window/aisle or aisle/middle combination may be changed prior to check in. For safety reasons, passengers occupying exit row seats must be fit and able bodied, aged 16 or above and have weight in proportion to height. Seat requests may be altered at check in or on board if passengers do not meet these criteria. If you, or members of your Booking group, are moved
because you do not meet the stated standard safety criteria (fit, able bodied, aged 16+) then you will not be offered a refund. 17. Check In We recommend that you check in at least 2 hours prior to the scheduled departure time to your Flight. Should you check in less than 60 minutes before the scheduled boarding of your departure time, then you may not be allowed to board the Flight. Should you be refused boarding of your Flight or refused entry into to the destination country by the airline or government authority, then we are powerless to assist and cannot be held responsible. In all such cases we will not be liable for any costs or damages involved. Check in at the Airport You should present yourself at the appropriate check in desks, which will generally open 2 hours before the scheduled time of departure of your Flight. At check in you will be required to present certain information relating to your Flight and your identity. This will include the Booking (including Booking Reference) of your Flight and an acceptable form of photographic identification. Online Check in Where you are permitted to check in on line for your Flight, you can do so 28 days before and up to 6 hours prior to the scheduled departure time of your Flight. You must be in possession of your printed boarding pass when you arrive at the airport. Failure to bring your boarding pass with you to the airport will require you to check in again at the airport and the applicable time restrictions for airport check in will apply. On arrival at the airport, if you are travelling with hand baggage only, you should proceed straight through the security screening point and any customs/immigration area to the departure gate. Online check in may be stopped or withdrawn at any time. Where the online check in service is not available, or due to operational requirements at some airports, you will be required to check in at the airport in accordance with our check in at airport procedure. 18. Airport Security You shall submit to any security screening checks or requirements placed on passengers by Government, airport officials, the Operating Carrier (if not us) or by us. For reasons of safety and security, you may be required to permit a search, x ray or other type of
scan (including a body scan) to be made of your person and/or your baggage, and have searched your baggage in your absence if you are not available (including by breaking any locks attached to your baggage), for the purpose of determining whether you are in possession of, or whether your baggage contains, any prohibited item/s. If you are unwilling to comply with the requirements relating to prohibited items or in relation to airport security we or the Operating Carrier may refuse, without refund or other liability to you, to carry you or your baggage. In the event that 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. If required, you must attend the inspection of your baggage, whether hand baggage or hold baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you through your failure to comply with this requirement unless due to our negligence. 19. If you have a problem If you have a problem or complaint, you must report it to us or the agent or third party that you made the booking with so that we can handle your complaint as soon as possible. It is difficult and sometimes impossible to carry out a proper investigation of a complaint if we are not told about it quickly. In the event of a problem or complaint please contact our Customer Relations Department on 0333 003 0105 or at Prospect House, Prospect Way, London Luton Airport, Luton, Bedfordshire LU2 9NU. 20. Liability Where any successful claim, or part of a claim (including those involving death or personal injury), against us relates to the Flight itself or to the Operating Carrier's acts or omissions in any respect or on any basis whatsoever, the maximum amount of compensation paid to you will be limited. The maximum amount we will pay you for that claim if we or the Operating Carrier (if not us) are found liable to you on any basis is the maximum which would be payable under the applicable International Convention or Regulation which applies to your travel arrangements (for example, but not limited to, the Warsaw Convention unamended or as amended for international travel by air, the Montreal Convention for international travel by air and/or for carriers with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability No. 2027/97 as amended by EC Regulation No. 889/2002 for national and international travel by air). Please note, the Operating Carrier is also entitled to limit its liability to you in accordance with such applicable International Convention or Regulation. Where an Operating Carrier would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. You must give credit for all payments due or received from the Operating Carrier,
which relate to the claim in question. Copies of the applicable International Conventions and Regulations are available from us on request. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from the Operating Carrier in cases of denied boarding, cancellation or delay to Flights. Full details of these rights will be publicised at EU airports and will also be available from the Operating Carrier. [] Your right to a refund and/or compensation from us is set out above. If the Operating Carrier does not comply with these rules you should complain to the Civil Aviation Authority on 020 7240 6061 020 7240 6061. Unless otherwise provided by any International Convention or any other applicable law, government regulations, orders or requirements these Flight Terms shall be governed by the laws of England and any dispute will be governed by the courts of England. Air carrier liability notice for passengers and their baggage. NB. The information notice below is required to be given by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention. It does not form part of the contract between the Operating Carrier(s) and you. No representation is made by the Operating Carrier(s) as to the accuracy of the contents of this notice. Your Flight will be subject to the Terms and Conditions of the Operating Carrier. Click here [insert link to MAL Conditions of Carriage] for the Terms and Conditions of Monarch Airlines Limited. Please note however that the notice is inaccurate. It states that for damages up to 113,100 SDRs the Operating Carrier cannot contest claims for compensation. However, the Regulation and the Montreal Convention state that for damages up to 113,100 SDRs in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, the Operating Carrier cannot exclude or limit its liability except where there is contributory negligence. Also the limit of the Operating Carrier's liability for baggage delays, destruction, loss or damage to baggage is 1,131 SDRs in total and not, for example, 1,131 SDRs in respect of delay and 1,131 SDRs in respect of damage where both have occurred to the same baggage. The statement that if the name or code of an Operating Carrier is indicated on the ticket, that carrier is the contracting carrier, does not apply in all cases. Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 SDRs (approx. 110,000) the Operating Carrier cannot contest claims for compensation. Above that amount, the Operating Carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. Advance payments If a passenger is killed or injured, the Operating Carrier must make an advance payment to cover immediate economic needs within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approx. 15,500). Passenger Delays In case of passenger delays, the Operating Carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694 SDRs (approx. 4,600). Baggage Delays In case of baggage delay, the Operating Carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,131 SDRs (approx. 1,100). Destruction, loss or damage to baggage The Operating Carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs (approx. 1,100). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault. Higher limits for Baggage A passenger can benefit from a higher liability limit by making a special declaration at the latest at check in and by paying a supplementary fee. Complaints on Baggage If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the Operating Carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers If we are not the Operating Carrier actually performing the Flight, the passenger has the right to address a complaint or make a claim for damages against either the Operating Carrier or us. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier. Time limit for action Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Basis for the information The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of Member States.