Contract Terms and Conditions between Arkia Israeli Airlines Ltd (hereinafter: Arkia) and Domestic Passengers:
A. Baggage Weight and Size Notice:
Under the provisions, each passenger is entitled to board the aircraft with one carry-on only weighing up to seven kilograms and measuring 55*40*20 centimeters. The checked baggage weight, without being charged excess baggage fees, is 20 kilograms, unless otherwise advised in the booking summary. Passengers must attach a label with their full name to their checked and unchecked baggage.
The carriage is subject to the Air Transport Law, 1980 and the terms of this contract, which contain provisions limiting the carrier's liability and may be obtained and reviewed at carrier's offices.
With respect to this contract - a journey inside Israel is subject to the Air Transport Law, 1980 (hereinafter: the Law), which adopts the Montreal Convention concerning domestic flights carried out after March 20, 2011, the date on which it entered into force in Israel (with respect to domestic flights prior to this date, the Warsaw Convention continues to apply), and also subject to the regulations, orders and their amendments under the law. Flights which took place inside Israel prior to March 20, 2011 are subject to the Warsaw Convention and the Hague Protocol. Arkia bears liability only for the air carriage under this ticket. It is not liable with respect to the type of aircraft used for the air carriage of the passenger under this ticket. Any liability for carriage and arrangements under this ticket which are not by air applies to the other carriers and service providers concerned and Arkia does not assume any liability in this regard.
D. Contract Terms and Conditions:
1. In this contract, "ticket" means this passenger ticket and baggage tag, of which the terms, conditions and notices form part; "carriage" means the same as "transportation" and "delivery"; "carrier" means all carriers which transport or undertake to transport the passenger or baggage under this contract or perform any other service incidental to such air carriage. The "Warsaw Convention" means the convention for the unification of certain rules concerning international air carriage signed in Warsaw on October 12, 1929 or this convention as amended in The Hague on September 28, 1955, whichever is applicable. The "Montreal Convention" means the convention concerning the consolidation of certain international air carriage rules signed in Montreal on May 28, 1999, which entered into force with respect to Israel on March 20, 2011 and applies to flights carried thereafter, subject to the remaining applicable Montreal Convention conditions.
2. Carriage under this contract is subject to the rules and limitations regarding liability prescribed in the Warsaw or Montreal Convention, whichever is applicable. In the event of denied carriage of a passenger on a flight and/or a canceled flight and/or a late departure flight and/or a flight whose departure is brought forward, the provisions of the Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 2012 apply.
3. If this does not contradict the provisions included above, any other carriage and services executed by any carrier are subject to: (1) the terms included in this ticket; (2) the applicable tariffs.
4. The carrier's name may be abbreviated on the ticket, the full name and its abbreviation being recorded in the carrier's tariffs, carriage terms, regulations and timetables. The carrier's address shall be the airport of departure appearing on the ticket opposite the first abbreviation of the carrier's name. The agreed stopovers are those destinations specified in this ticket or stipulated in the carrier’s timetables as scheduled stops on the passenger's route. Carriage which must be carried out under this contract by several carriers one after the other will be considered as a single operator.
5. An air carrier issuing a ticket for carriage on the lines of another air carrier does so as the other carrier's agent.
6. Any exoneration or limits of liability of the carrier also applies to its agents, employees and representatives and any person whose aircraft serves the carrier for the purpose of carriage and his/her agents, employees and representatives.
7. The air ticket grants the right for the specific journey only and is valid when given to the passenger, subject to payment of the airfare. Once valid, the ticket grants the right of carriage from the departure airport to the destination airport on the route defined thereon. The ticket will be accepted for carriage on the pre-agreed date for the pre-agreed flight. Without derogating from the aforesaid, it is noted that under no circumstances will the ticket validity exceed one year from its date of issue.
8. The carrier undertakes to do its utmost to carry the passenger and baggage in reasonable time. The carries does not guarantee the times stipulated on the ticket, but will take all measures possible to meet them. The carrier has the right to use different carriers or aircrafts and if necessary, to change or omit any stopover stipulated in the ticket. The timetables may be changed without notice. The carrier does not assume any responsibility for connections.
9. The passenger must comply with governmental travel requirements; furnish exit, entry and any other documents required; and reach the airport at the time stipulated by the carrier, or if no time is fixed, within sufficient time to complete the exit arrangements. If he fails to fulfill such liabilities, the carrier bears no liability for damage incurred to the passenger as a result.
10. The carrier may, for reasons of flight safety or force majeure, carry the passenger or baggage to their destination by other means of carriage. In the event of a problem arising regarding overloading the aircraft, the carrier must decide at its absolute discretion which passengers and objects will and will not be carried on that flight. Passengers so rejected have the right to cancel the ticket and have the carriage fees refunded.
11. None of the carrier's agents, employees, or representatives has the authority to change or waive any of the provisions of this contract without the carrier's prior consent.
E. Restricted Items in Passenger Baggage:
For safety reasons, restricted items, such as those listed hereafter, cannot not be carried in the passengers' baggage without consent and prior arrangement with the carrier, except for medication and cosmetics in small quantities required or appropriate for a passenger during the journey, such as hair spray, perfume and medication containing alcohol, which may be carried without advance approval.
1. Compressed gas (flammable, non-flammable and toxic).
2. Corrosive materials (such as acids and liquid batteries).
3. Explosive materials, ammunition, fireworks and flammable items.
4. Flammable liquids and solids (such as lighters, heating fuel, matches or any highly flammable substances).
5. Oxidizing material (such as whitening powders and peroxides).
7. Radioactive material.
8. Other restricted material (such as mercury, magnetic material, and hazardous or irritating material).
9. It is forbidden to smoke and/or hold any type of smoking means and, inter alia, cigarettes, cigarellos, cigars, pipes and electronic smoking means in or around the aircraft.
F. Liability Limit Notice to Domestic Flight Passengers:
1. The Warsaw or Montreal Convention regulates the air carrier's liability and may limit it with respect to death or bodily injury as well as in the case of loss, damage or late arrival of baggage.
2. The Montreal Convention applies when the carriage departure and destination points (as indicated in the carriage contract) are both in the territory of one or more countries which are parties to the Montreal Convention.
3. The liability limits of these conventions are expressed in special drawing rights, a unit of currency which is the official unit of exchange of the International Monetary Fund. The following Euro and US Dollar limits are for convenience only, estimates and subject to exchange rate fluctuations.
G. Passenger Death and Injury:
1. Notice is hereby given to flight passengers that the provisions of the Warsaw or Montreal Convention may apply to any flight. For passengers to which the Warsaw Convention applies, the carrier's death or personal injury liability is in most cases limited to 8,300 special drawing rights (approximately USD13,280) or 16,600 special drawing rights (approximately USD 26,560) if the Hague Protocol also applies.
2. If the Montreal Convention applies, the carrier's death or personal injury liability is limited to proven damages not exceeding an amount in local currency equivalent to 100,000 special drawing rights per passenger and the liability up to this limit is irrespective of the carrier's negligence. The carrier is not required to pay damages exceeding this amount if it is proven that the damage was not caused by negligence or other unlawful acts or omissions of the carrier or its employees or agents or if the damage arises only from a third party's negligence or other unlawful acts or omissions.
3. Some carriers have voluntarily waived these liability limits, and under the requirements of US law concerning flights from, to or which include a stopover in the United States, the liability limit is no less than USD 75,000 per passenger.
4. The names of the carriers which have waived the liability limit as aforesaid are available at all ticketing offices of all such carriers and can be reviewed on request.
5. Additional coverage is usually obtainable by purchasing insurance from a private company. The carrier's liability limit under the Warsaw Convention or such special carriage contracts does not affect such insurance. For further information, please consult the airline or an insurance company representative.
H. Baggage Limit of Liability Notice:
1. The air carrier is liable for damage caused in the event of destruction, loss or damage of checked baggage only if the incident occurs on the aircraft or while the checked baggage is under its supervision, and its liability is limited to the following amounts:
2. If the Warsaw Convention applies, the carrier's liability for loss, delay or damage of a passenger's baggage is limited to 17 special drawing rights (approximately USD 27) per kilogram of checked baggage and 322 special drawing rights (approximately USD 530) for unchecked baggage. If the Montreal Convention applies, the carrier's liability for destruction, loss, damage or delay of a passenger's checked baggage is limited to the equivalent of 1,131 special drawing rights (approximately USD 1,800) per passenger and 19 special drawing rights per kilogram of cargo (approximately USD 30).
3. The aforesaid compensation limit in the case of checked baggage or cargo does not apply if the passenger has provided a special declaration of interest in delivery at the destination and paid a surcharge, if the case so requires. In this case, the carrier will pay an amount not exceeding the declared sum, unless it is proven that this amount is greater than the actual amount of the passenger's interest in delivery at destination.
4. If the value of the passenger's baggage is higher than the applicable liability limit, it is advisable for the passenger to purchase full insurance against baggage loss or damage.
5. In the event of shipment of fragile and/or perishable goods and/or those that are unsuitable for air carriage and/or valuables, the passenger must pack them in the most protected manner and exercise discretion whether to send them by air carriage and insure them separately. When choosing to send these items by air carriage, the passenger runs the risk of being found at fault in the event of damage caused to them, exonerating the air carrier from liability.
6. When the Montreal Convention applies, no liability is applicable to the air carrier if the damage stems from any defect, quality or deficiency inherent in the baggage, such as damage to the baggage wheels, handles, carrying mechanism, zippers, stitches and locks as well as stains, scratches and damage to baggage resulting from natural wear and tear or overloading in terms of capacity or weight.
7. The air carrier is not liable for damage to unchecked baggage unless caused by its fault or that of its employees or agents.
8. The air carrier is not responsible for cargo destruction, loss or damage if it is proven that it is the result of any defect, quality or damage inherent in the cargo or due to faulty packing of the cargo by a person who is not the carrier or its employees or agents or any act of war or armed conflict or act of a public authority performed in respect to entry, exit or passage of the cargo.
9. If the checked baggage weight is not recorded on the checked baggage document, it is assumed for all intents and purposes that the overall checked baggage weight does not exceed the free weight allowance for the flight class applicable to the passenger's booking.
10. The passenger is liable for damage caused to other persons or property by his/her baggage and/or cargo and/or their contents.
11. Under no circumstances is the air carrier liable for destruction, loss, damage or late arrival of baggage which is not under its responsibility, including baggage undergoing security inspections or measures, which are beyond its control and direction.
12. In the event of a compensation claim for physical baggage damage, the passenger must keep the relevant baggage in his/her possession, and if requested, allow the carrier to examine it to assess the nature and extent of the damage and the possibility of repairing it.
13. With respect to any baggage compensation claim, the passenger must keep all information and documentation required to prove entitlement to compensation and if he/she is found so entitled, for proof of the compensation amount to be paid, and must give this information and documentation to the air carrier at its request. It is emphasized in this context that the passenger must consult the air carrier regarding the extent and nature of the costs which he intends to spend during the baggage arrival delay and whether they are covered under the provisions of the convention.
14. If required by the air carrier, the passenger must sign an affidavit concerning the facts of his/her baggage damage claim before any compensation is paid.
I. Time Limit for Baggage Claims:
1. Acceptance of baggage by the bearer of a baggage identification document without complaint at the time of delivery constitutes sufficient evidence that the baggage was delivered in good condition and in accordance with the carriage contract, unless proved otherwise.
2. Checked baggage transported by domestic carriage will be given to the baggage ticket holder. In the event of baggage failing to reach its destination, this should be reported immediately, without delay, to the air carrier's representative at the airport. In the event of baggage damage, a written complaint must be filed with the carrier immediately after discovery of the damage and maximum within seven days from the receipt of the baggage in the event of delivered baggage and within 14 days from receipt in the event of cargo. In the event of delay, a complaint must be filed within 21 days from delivery of the baggage or cargo. Any such notice must be given in writing. If such a complaint is not filed within the times stipulated above, no claim may be made against the carrier, except in the case of fraud on its part.
3. When a passenger wishes to file a compensation claim for checked baggage that was not placed at his/her disposal, he/she is entitled to do so 21 days from the date on which this baggage should have arrived.
1. The carrier is liable for damage caused by delay in the air carriage of passengers, baggage or cargo, unless proven that it and its employees and agents took all the measures reasonably required to prevent the damage or that it was impossible for them to take such measures.
2. When the Montreal Convention applies, the air carrier's liability for damage caused by a delay in the air carriage of passengers is limited to a maximum amount of 4,694 special drawing rights, which equals approximately USD 7,500 per passenger in most cases, subject to exchange rate fluctuations, and other amounts when the Warsaw Convention applies, based on several circumstances.
3. The carrier's liability for damage caused by delay of carriage is limited to the amounts set forth above in the baggage limit of liability notice chapter.
4. Airport and air traffic control installations or staff and other installations or persons, public or private, which are beyond the carrier's control and direction, are not its employees or agents and it is not liable if the delay was caused by such type of installations or persons.
5. In the event of late departure of a flight, the provisions of the Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 2012 also apply.
K. General Provisions concerning Liability:
1. Any damage liability applicable to the carrier will be offset by any negligence on the part of the passenger which causes or contributes to the damage under the applicable law.
2. When the Warsaw Convention applies, the carrier is exonerated from liability in one of the following cases:
a) When the carrier proves that the damaged party is guilty of causing or contributing to the damage, the court is entitled, in accordance with its laws, to exonerate the carrier from liability, in whole or in part.
b) When the carrier proves that it and its employees and agents have taken all measures required to prevent the damage or that it or they could not take them.
c) The carrier bears no liability in the carriage of goods or baggage if it is proved that the damage resulted from a fault in the flight, steering of the aircraft or navigation and the carrier and its employees and agents took all the measures necessary to prevent the damage.
3. When the Montreal Convention applies and the carrier proves that the claimant, or the person from whom his/her rights arise, caused or contributed to the damage due to his/her negligence or unlawful act or omission, the carrier shall be fully or partially exonerated from its liability towards the claimant to the same extent that the said negligence, act or omission caused or contributed to the damage, including if the damages for the death or bodily injury of a passenger are claimed by a person who is not the passenger.
4. The carrier is liable only for damage occurring during carriage on flights or legs of flights operated. If Arkia issues a ticket or checks in baggage for carriage by another carrier, it does so only as an agent for the other carrier.
5. The carrier is not liable for damage stemming from its compliance with applicable laws, rules or governmental regulations or for the passenger's failure to comply with them.
6. The carrier is liable towards the passenger only for compensable damage for proven losses and costs, in accordance with the Warsaw or Montreal Convention.
7. When the Montreal Convention applies, the air carrier's liability in the event of loss, delay or damage of the passenger's baggage and damage caused by a delay in the carriage of passengers is limited to the above amounts specified in the convention. The air carrier's liability in the event of loss, delay, or damage to the passenger's baggage and damage caused by delay in the carriage of passengers is limited to the above amounts specified in the Warsaw or Montreal Conventions, unless the passenger proves that the damage stemmed from an intentional or reckless act or omission by the air carrier, its employees or agents, knowing that damage would most likely be caused thereby, provided that if such an act or omission is of an employee or agent, it is also proven that the said employee or agent acted in the framework of their employment.
8. When the Warsaw Convention applies, the carrier's liability in the event of loss, delay or damage to the passenger's baggage and damage caused by a delay in the carriage of passengers is limited to the above amounts set forth in the Warsaw Convention, unless proven that the damage resulted from an intentional or reckless act or omission of the carrier, its employees or agents, knowing that this would most likely cause damage, provided that if such act or omission was carried out by an employee or agent, it is also proven that he/she acted while performing his/her duties.
9. Any right to compensation expires if a claim is not filed within two years from the aircraft's arrival or planned arrival at the destination or from the time the carriage was terminated. The method of calculating the period under the statute of limitations will be determined according to applicable laws in the court where the claim is ruled.
10. The European Union regulations require European carriers to implement the provisions of the Montreal Convention regarding all passengers and baggage carried by them. Many non-European carriers assume more stringent liability limits than those stipulated in the applicable convention with respect to the relevant passengers. Further information with respect to applicable limits for a journey may be obtained from the relevant carrier. If the journey includes flights by other carriers, the passenger must contact each carrier separately to ascertain the liability limits.
11. It should be noted that, in certain cases, Arkia has arrangements with other carriers known as Code Share or Feeder Flights. Occasionally, due to high demands or unexpected non-availability of an Arkia aircraft, it could use the services of another carrier under an arrangement called Wet Lease. This means that even if the passenger has a booking with Arkia and holds a ticket in which Arkia's name or identifying code appears as the carrier, another carrier could operate the aircraft. If such arrangements apply, Arkia must advise the passenger of the carrier operating the aircraft at the time that the booking is made, or if there is a last minute change, when boarding the aircraft. These carriage terms apply to the aforesaid Code Share flights, Feeder Flights or flights in the Wet Lease framework where Arkia's identifying code appears as the carrier in the Carrier field on the ticket for that flight or leg of the flight.
L. Limit of Liability Waiver Notice:
By special contract, Arkia Israeli Airlines Ltd. (Arkia) has voluntarily waived the liability limit for death or bodily injury set forth in Article 22 (1) of the Warsaw Convention or Article 21 of the Montreal Convention, whichever is applicable, and the exonerating defense that it has taken all measures required to prevent the damage, which appears in Article 20 of the Warsaw Convention or Article 19 of the Montreal Convention, whichever is applicable, up to a liability limit of 100,000 SDRs (special drawing rights). In addition, Arkia has also agreed to pay advance payments to persons entitled to compensation in the event of passenger death or bodily injury. Precise details of the provisions implemented by Arkia are available at the airline and obtainable on request.
M. Notice of Denied Boarding due to Overbooking:
In countries with regulations in place regarding compensation in events of overbooking, air carriers exercise a compensation plan for passengers with a confirmed booked seat on a flight, who are prevented from boarding that flight due to unavailability of seats resulting from overbooking. The air carriers might record overbooking to reduce the implications of no-show passengers and to allow seats to be given to passengers who would otherwise not have been allocated a seat on the flight they desire. Although air carriers do their utmost to provide booked and confirmed seats, seat availability is not absolutely guaranteed. In the event of denied boarding due to overbooking, the provisions of the Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 2012 apply.
N. Notice of Government Imposed Taxes and Levies:
The airfare may include air carriage taxes and levies imposed by governmental authorities. These taxes and levies may be part of the air carriage cost and included in the airfare or appear separately on the ticket in the Taxes field. Passengers may also be requested to pay a tax or levy which was not yet collected when the ticket was issued.
The free passenger baggage allowance is intended only for clothing and other belongings for the passenger's personal use and convenience, excluding valuable, breakables or perishables. The carrier is not liable for damage to breakables, perishables, cash, jewelry, precious metals, silverware, exchangeable bills, securities, other valuables, business documents or samples, passports and ID cards included in the passenger's baggage.
P. Notice concerning the Loss of a Passenger Ticket or Baggage Tag:
The carrier does not assume any liability for the disappearance, loss or theft of a passenger ticket, including a Tick Tak voucher or baggage tag and he/she will not be entitled to receive a replacement ticket and tag or any right and/or remuneration in respect thereof.
Q. Notice concerning Carriage Cancellation:
1. When the Consumer Protection Law, 1981 applies and it a remote sale transaction, the consumer is entitled to cancel the transaction in writing under the Consumer Protection Law as follows:
- If all the conditions specified hereafter are fulfilled (without exception), reduced cancellation fees apply amounting to 5% of the transaction price or NIS 100, whichever is lower:
- The booking was made by telephone or online directly by the consumer, as defined in the Consumer Protection Law(Consumer - someone who purchases a commodity or receives a service from a dealer during the course of his/her business primarily for personal, household or family use);
- The booking was made eight or more business days prior to the departure date;
- The consumer cancels the booking in writing within 14 days from making the booking;
- The cancellation was made at least two business days prior to the departure date. Written cancellation must be sent to the address given to the passenger for this purpose by the party from which the ticket was purchased and the cancellation enters into effect only if the passenger receives a cancellation confirmation.
2. When the Consumer Protection Law does not apply, the passenger has the right to cancel the carriage contract after booking, subject to the contract terms and conditions given to him, which are prescribed by the party from whom the tickets were purchased. In order to avoid doubt it is clarified that if a cancellation notice is given less than 24 hours prior to the stipulated departure time or no notice at all is given, the carrier will not reimburse the passenger any share of the carriage fees.