Conditions of carriage

Article 1   - Definitions 

Article 2   - Applicability

Article 3   - Tickets

Article 4   - Fares, Taxes, Fees, Charges and Currency

Article 5   - Reservations and Seating

Article 6   - Check-in and Boarding

Article 7   - Refusal and Limitation of Carriage

Article 8   - Baggage

Article 9   - Schedules, Cancellations, Delays and Diversions

Article 10 - Refunds

Article 11 - Conduct Aboard Aircraft

Article 12 - Arrangements for Additional Services

Article 13 - Administrative Formalities

Article 14 - Liability for Damage

Article 15 - Time Limitation for Claims and Actions

Article 16 - Miscellaneous Regulations

Article 17 - Interpretation

Article 18 - Applicable Law and Jurisdiction

In these Conditions:

‘We’, ‘our’, ‘ourselves’ and ‘us’ means Silverjet Aviation Limited of 72/104 Frank Lester Way, London Luton Airport, Bedfordshire, LU2 9NQ, United Kingdom.

‘You’, ‘your’ and ‘yourself’ means any person, except members of the crews, carried or to be carried on an aircraft (See also the definition for ‘Customer’).

‘Agreed Stopping Places’ means the places, except the place of departure and the place of destination, set out in your Ticket or shown in our timetables as scheduled stopping places on your route.

‘Airline Designator Code’ means the two characters or three letters or the letter and numbers which identify particular air carriers.

‘Authorised Agent’ means a sales agent who we have appointed to represent us in the sale of air transportation on our services.

‘Baggage’ means your personal property accompanying you on your flight, which unless otherwise specified, consists of both your Checked and Unchecked Baggage.

‘Baggage Identification Tag’ means a document issued solely for identification of Checked Baggage.

‘Checked Baggage’ means Baggage of which we taken custody and for which we have issued a Baggage Identification Tag.

‘Check-in Deadline’ means the time limit specified by us by which you must have completed the check-in formalities and received your boarding pass.

‘Conditions of Carriage’ means these General Conditions of Carriage for Customers and their Baggage.

‘Confirmation Reference’ means the unique reference number we assign to you to identify the booking you have made which has been confirmed by us.

‘Convention’ means the Montreal Convention 1999.

‘Coupon’ means a paper Flight Coupon or an Electronic Coupon, each of which entitles the Customer named on it to travel on the particular flight identified on it.

‘Customer’ means any person, except members of the crew, carried, or to be carried, on an aircraft pursuant to a Ticket (See also the definition for you, your, yourself).

‘Customer Coupon’ means the part of your Ticket which is marked as such.

‘Damage’ includes death of, wounding of, or bodily injury to a Customer. It also includes loss, partial loss, theft of, or other damage to Baggage arising out of, or in connection with carriage or other services incidental thereto performed by us.

‘Days’ means calendar days, including all seven days of the week. For the purpose of sending notices, we will not count the day on which notice is sent. For the purposes of deciding whether a Ticket is valid, we will not count the day on which the Ticket was issued, or the first flight began.

‘Electronic Coupon’ means an electronic flight coupon for an Electronic Ticket held in our computer database.

‘Electronic Ticket’ means a Flight Confirmation Document/Itinerary and/or receipt, Electronic Coupons and any boarding document we have issued to you.

’Flight Coupon’ means that portion of the Ticket that bears the notation "Good for Passage", or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.

‘Involuntary Refund’ means a refund, under Article 10.2, of the fare for your Ticket.

‘Itinerary and Receipt’ means a document or documents we, or our Authorised Agents issue on paper, by fax, by e-mail, or deliver electronically to a Customer travelling with an Electronic Ticket. It contains the Customer’s name, flight information and a receipt.

‘SDR’ means a Special Drawing Right as defined by the International Monetary Fund. (the current value of this currency unit may be found in the financial pages of major newspapers).

‘Tariff’ means the published fares, charges and related Conditions of Carriage of an airline which have been filed, where required, with the appropriate authorities.

‘Ticket’ means either a document called a ’Customer Ticket’ or an Electronic Ticket and/or Confirmation Reference, which we or our Authorised Agents have issued and/or assigned to you and the boarding document issued at check-in.

‘Unchecked Baggage’ means any of your Baggage other than Checked Baggage.

‘Validity Period’ means the period for which your Ticket is valid.

‘Voluntary Refund’ means a refund, under Article 10.3, of the fare for your Ticket.

‘Website’ means our internet site which is to be found at www.flysilverjet.com.

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Except as provided in Articles 2.2, 2.3 and 2.4, our Conditions of Carriage apply only on those flights, or flight segments, where the Airline Designator Code 'Y7' is indicated in the carrier box of the Ticket for that flight or flight segment.

If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the charter agreement or the Ticket.

These Conditions of Carriage are applicable unless they are inconsistent with any Tariffs or laws which apply to your contract of carriage with us in which event such Tariffs or laws shall, should there be any inconsistency, prevail.

Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations dealing with particular subjects, these Conditions of Carriage will apply.

If any one of these Conditions of Carriage shall prove to be invalid, all other Conditions of Carriage shall remain valid.

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The Ticket, these Conditions of Carriage and any of our Terms & Conditions (including applicable Tariffs) together constitute the terms and Conditions of Carriage of the contract of carriage between you and us.

These Conditions of Carriage and our Terms & Conditions can be found and are accessible in full on our Website and copies may be obtained on request from our office at the address provided at the end of these Conditions of Carriage.

We will only provide carriage to the Customer named in the Ticket who presents valid confirmation, duly issued by us in respect of that person for the flight who will also be required to produce positive photographic identification identifying you as the Customer named in the booking and valid travel documentation in the form of passport and any visa or other documentation required to satisfy the relevant authorities for the journey you are undertaking.

We sell some Tickets at discounted fares which may be partly or completely non-refundable. You should choose the fare which best suits your needs and we would strongly recommend that you ensure you have an appropriate level of insurance to cover instances where you are unable to use your Ticket.

The Ticket you have purchased is valid for transportation only as shown on the Ticket for the Customer named, from the place of departure to the final destination on the date and flight number shown.

If you wish to change your flight or the Customer to be carried you must contact us in advance. All changes must be made at least 4 hours before the Check-In Deadline of the flight; such changes may only be made by the Customer named in the booking and/or the person who made the original booking.

Any additional fare due, in accordance with our Terms & Conditions and Tariffs and any applicable administration fee will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Detailed rules relating to fares and changes to Tickets are accessible on our Website or available from our offices upon request.

We shall not be liable to any person entitled to be carried by us or for any refund in connection with a proposed flight if, in good faith, we provide carriage to a person purporting to be entitled to carriage or make any refund to the person entitled in accordance with Article 10.

Unless it says differently on the Ticket, in these Conditions of Carriage, or in any Tariffs which apply, a Ticket is valid for one year from the date of issue or one year from the date you first travelled using the Ticket, providing your first flight took place within a year of the Ticket issue.

If, because we were unable to confirm your reservation at the time you asked for it, you are prevented from travelling within the Validity Period of the Ticket, we will extend the Validity Period of the Ticket or provide you with a Voluntary Fare Refund.

If, after beginning your journey you become ill and your illness prevents you from travelling on your next flight within the Validity Period of your Ticket; and you want us to extend the Validity Period so that you can continue your journey; you must provide us with a medical certificate. The certificate must state the facts relating to your illness and confirm the date you will be fit to travel again (“the Recovery Date”).

When we receive the certificate, we may decide to extend the Validity Period until either the Recovery Date, providing there is a seat available on the relevant flight for which you have paid the fare or, if not, the first date after the Recovery Date when a seat is available.

If a Customer dies during their journey and other Customers are travelling in the same party as the deceased Customer we may decide not to enforce any minimum stay Conditions of Carriage which apply to the Tickets of members of the party or to extend the Validity Period of their Tickets, or both.

If after beginning your journey a member of your immediate family dies and you have supplied us with a copy of the death certificate, we may decide to change your Tickets and those of your immediate family travelling with you by extending the Validity Period of the Tickets. We will not extend the Validity Period of the Tickets for more than 45 Days after the date of death.

Our name may be abbreviated to our Airline Designator Code, or otherwise, on any of our documents of carriage or on the Website. Our address is 72 / 104 Frank Lester Way, London Luton Airport, Bedfordshire LU2 9NQ, England. Please see our Website for more details of how to contact us.

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Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless we state otherwise. Fares do not include ground transport services. Fares will be calculated in accordance with our Tariff in effect on the date you pay for it. The fare will be for travel on the specific dates and itinerary shown on it. If you wish to change your itinerary or dates of travel, this may impact the fare to be paid.

Taxes, fees and charges imposed by government or other authority or by the operator of an airport or any aviation insurance surcharge levied in respect of a flight to be operated by us and undertaken by you shall be payable by you at the levels prevailing at the time you make your reservation. These taxes, fees and charges may be shown separately on the Ticket. If you do not use your Ticket, you will be entitled to claim a refund of any taxes, fees and charges which you have paid, less a reasonable administration charge.

Fares, taxes, fees and charges are payable in the currency of the country of origin of the first Coupon of any given Ticket unless another currency is indicated by us at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may at our discretion, accept payment in another currency.

We reserve the right to charge a reasonable administration fee for ancilliary services, not included in the price of the Ticket, including but not limited to requests for personal data pursuant to Article 5.3 and duplicate receipts.

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We will record your reservations in our computer system. If you ask, we or our Authorised Agents will give you written confirmation of your reservation in the case of a telephone reservation. In the case of internet bookings through our Website, a unique booking reference number, the Confirmation Reference, will be displayed along with the booking confirmation details on the screen upon completion of the transaction. You should print a copy of this for your records as you will be required to quote your Confirmation Reference at the time of check-in.

A reservation is not made or confirmed until you have received a Confirmation Reference and payment has been received by us. Some fares have conditions which limit or exclude your right to change reservations. See Article 3.2 and our Terms & Conditions

Fares plus all applicable taxes, fees and other charges must be paid in full when a confirmed reservation is made. If such sums have not been paid in full or your credit/debit card is declined we may cancel the reservation at any time without liability.

You recognise that personal data has been given to us and that we may use the information you have provided, including information about how you use our services and facilities (“your Personal Data”), for the purposes of making a reservation and issuing a Ticket; providing you with your transportation and any related services and facilities; accounting, billing and auditing; checking credit or other payment cards; immigration, customs and entry procedures; security, administrative and legal purposes; statistical analysis; ensuring our compliance with legal and regulatory obligations applicable to us; operating frequent flyer programmes; systems testing, maintenance and development; customer relations; helping us in any future dealings with you; and direct marketing and market research (in which case we will give you the opportunity to opt out). For these purposes you authorise us to retain and use your Personal Data and to transmit it to our own offices; Carriers and other companies involved in providing your transportation or related services and facilities; data processors working for us; our Authorised Agents; government and enforcement agencies; and credit and other payment card companies. This may involve sending your Personal Data outside the European Economic Area.

We cannot guarantee that you will be able to sit in any particular seat. We will try to honour advance seating requests. We can change your seat at any time, even after you have boarded the aircraft. We may need to do this for operational, safety or security reasons.

Our flights are not intended for use in connecting with flights of other carriers or other flights of ours. Any connections are made at your own risk and if you have an onward flight you will have to check in with your baggage for each portion of your journey.

You may not smoke in any part of an aircraft operated by us. Failure to adhere to this regulation may result in severe criminal penalties being brought against you as well as disruption costs being claimed against you by ourselves.

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Unless otherwise specified by us or any applicable governmental or airport authority, the Check-In Deadline for a flight operated by us is 45 minutes prior to scheduled departure time. If you do not complete the check-in process by the Check-in Deadline we may cancel your reservation and deny you boarding and your fare may be non-refundable. By completing the check-in process we mean that you have received your boarding pass for your flight.

You must be present at the boarding gate not later than 15 minutes prior to departure or as otherwise advised at check in. If you fail to arrive at the boarding gate by this time, the space reserved for you will be cancelled.

We will not be liable to you for any loss or expense you suffer if you fail to meet the Check-in Deadline or fail to be at the boarding gate on time.

You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over and with our Terms & Conditions and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.

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In the reasonable exercise of our discretion, we may refuse to carry you or your baggage if we have notified you in writing that we would not at any time after the date of such a notice carry you on our flights. We may also refuse to carry you or your Baggage if one or more of the following has occurred or we reasonably believe may occur:

If you are a disabled person or have limited mobility and you have told us or our Authorised Agents that you have special needs, such as a wheelchair, or that you need special help and you have asked us or our Authorised Agents to provide this; and we or our Authorised Agents have agreed, before you check in, to provide for your special needs and/or give you special help, we will not then refuse to carry you because of your disability, limited mobility or special needs.

We may decide not to carry pregnant women; Customers who are ill; or Customers who are disabled, have limited mobility or need special help if arrangements to carry them have not been made before check-in. We do not accept unaccompanied children under the age of 14 years.

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You may carry some of your baggage free of charge. Your free baggage allowance may be carried as specified and is subject to the Conditions of Carriage and limitations contained in our Terms & Conditions.

The acceptance and carriage of Excess Baggage is at our discretion and you will be required to pay a charge for the carriage of baggage over your free baggage allowance. Excess baggage will be charged at a rate of 60 GBP / 120 USD / 365 AED per piece per flight sector..

You must not include in your baggage items which do not constitute baggage as defined in Article 1 of these Conditions of Carriage.

If we discover that you are carrying forbidden items, we will refuse to carry them. Please ask us for information about forbidden items if you need it.

If you want to travel with firearms and ammunition (sporting guns); you must obtain our permission in advance. If you do not, we may decide not to carry them. All firearms and ammunition must be carried as Checked Baggage and we will not allow you to take them into the aircraft cabin. All firearms carried as Checked Baggage must be unloaded, have the safety catch on and be suitably packed.

Carrying firearms and ammunition is covered by the lCAO Technical Instruction and IATA Regulations referred to above. You must make sure that you have all the documents you need for firearms and ammunition. If you do not, we may decide not to carry them.

You must not take any item into the aircraft cabin if we tell you that we reasonably believe that its presence there would affect the safety and security of the aircraft or any person in it.

You must not take antique, toy or replica guns into the aircraft cabin. You must not take swords, knives, scissors, archery bows, arrows, blades, cutlery, syringes and other sharp objects, into the aircraft cabin. We may either tell you to check in these items as Checked Baggage or refuse to carry them altogether.

You must not include in your Checked Baggage fragile or perishable items or items of special value such as:

We are not responsible for loss of or damage to forbidden items. If, despite the fact that an item is forbidden under this Article 8.3, you include it in your Checked Baggage, we will not be responsible for any loss, delay or damage caused to it.

We may refuse to carry as Baggage such items described in Article 8 that are prohibited from carriage as Baggage and may refuse further carriage of any such items on discovery.

We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable because of its size, shape, weight, content or character or for safety or operational reasons or the comfort of other Customers.

We may refuse to accept Baggage for carriage if we reasonably believe that it is not properly and securely packed in suitable containers to ensure safe carriage with ordinary care in handling.

For reasons of safety and security we may request that your permit a search and scan of your person and a search, screen or x-ray your Baggage. We will always try to search, screen or x-ray your Baggage when you are present. However, if you are not available, we may search your Baggage in your absence. If you do not allow us to carry out the necessary safety and security searches, screening and x-rays, we will refuse to carry you and your Baggage. If a search or screening causes Damage to you, or a search, screening or x-ray causes Damage to your Baggage, we will not be liable for the Damage unless it was caused by our negligence or fault.

Subject to Article 8.5.1, you must collect your Checked Baggage as soon as we have made it available at your place of destination. If you do not collect it within a reasonable time, we may charge you a storage fee. If you do not claim your Checked Baggage within three months from the date we make it available, we may dispose of it without any liability to you.

We do not accept animals for carriage.

Human remains will not be accepted for carriage.

We will not be responsible for, nor have any liability in respect of, items removed from Customers’ baggage by airport security personnel acting in accordance with international or government authority, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed by such airport security personnel to us.

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If, for reasons outside our control, we are unable to land at the airfield at your destination and are diverted so as to land at another airfield then the carriage by air shall, unless the aircraft continues to the original destination, be deemed to be completed when the aircraft arrives at that other airfield. We shall, however, arrange or designate alternative transportation, whether by our own services or by other means of transportation specified by us to carry you to the original destination as set out in your Ticket without additional cost to you.

If we are unable to provide previously confirmed space, we shall provide compensation to those Customers denied boarding on our flights in accordance with EU Regulation 261/2004.

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If we fail to provide carriage in accordance with our contract of carriage with you or where a refund is payable in accordance with these Conditions of Carriage or our Terms & Conditions, refund of the fare for your Ticket, or any unused part of it, and any taxes, fees and charges, as applicable shall be made by us in accordance with this Article and with our fare rules and Tariffs and our Terms & Conditions. Applicable taxes, fees and charges paid at the time of issue of your Ticket will be included in fare refunds where appropriate.

If after having made a reservation you do not fly with us, whether or not a refund of the fare is payable you will be entitled to claim a refund of any taxes, fees and charges paid by you which as a consequence we have no obligation to pay to any government or other authority. We reserve the right to deduct a reasonable administration fee from any such refund where you fail to fly with us despite a flight being available.

Unless we specify otherwise, we will only make a refund either to the person named on the Ticket or to the person who paid for the Ticket. If you want a refund you must prove to us that you are the person named on the Ticket or, if applicable, the person who paid for the Ticket.

If a Ticket has been paid for by someone other than the Customer named on it and it says that there is a restriction on refund, we will only make the refund to the person who paid for the Ticket.

Unless you are applying for a refund on a lost Ticket, we will only make the refund if you first give us the Ticket and all unused Flight Coupons.

If we cancel a flight or fail to stop at your destination and no alternative flight is available, or if a refund is otherwise due to you under these Conditions of Carriage, the amount of the refund shall be:

If you are entitled to a refund of the fare for your Ticket for reasons other than those set out in Article 10.2, the amount of the refund shall be.

We may decide to refuse to give you a refund if you apply for it after the end of the Validity Period for the Ticket purchased.

We may decide to refuse to give you a refund if, when you arrived in a country, you presented your Ticket to us or to government officials as evidence of your intention to leave that country, unless you can prove to us that you have permission to stay in the country or you will be leaving the country on another airline or on another form of transport.

We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.

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If, while you are on board the aircraft, we reasonably believe that you have put the aircraft, or any person in it, in danger; deliberately interfered with the crew in carrying out their duties; failed to obey the instructions of the crew relating to safety or security; failed to obey the seat-belt or no-smoking signs; committed a criminal offence; allowed your physical or mental state to become affected by drink or drugs; failed to obey the crew’s instructions relating to drink or drugs; made a hoax bomb threat; threatened, abused or insulted the crew or other Customers or behaved in a threatening, abusive, insulting or disorderly way towards the crew or other Customers or behaved in a way which causes discomfort, inconvenience, Damage or injury to the crew or other Customers, or in any other way behaved in breach of any law, regulation or statute, we may take any measures we think reasonable to prevent you continuing your behaviour, including restraint.

When the aircraft lands, we may decide to make you leave the aircraft; refuse to carry you on the remaining sectors of the journey shown on your Ticket; and report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you might have committed.

If, as a result of your behaviour, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion.

For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, mobile telephones; laptop computers; personal recorders; personal radios; MP3, cassette and CD players; electronic games or transmitting devices (for example, radio-controlled toys and walkie-talkies). You must not use these items when we have told you that they are not allowed. Clearly the use of hearing aids and heart pacemakers is permitted.

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You are responsible for obtaining all required travel documents and visas and all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned. You also shall permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.

If you are refused entry to a country, you must pay any fine, penalty or charge imposed on us by the government concerned; any detention costs we are charged; the fare for transporting you back to your place of departure; and any other costs we reasonably pay or agree to pay. We will not refund to you the fare for carrying you to the place where you were denied entry.

If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such fine, penalty, payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession, or shall otherwise become immediately payable by you to us.

If required, you must be present when your Baggage is inspected by customs or other government or airport officials. We will not be liable to you for any loss or Damage suffered by you in the course of an inspection or because you are not present.

You shall submit to any security checks by duly authorised representatives of governments or airport authorities or by us.

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Any right to Damages shall be extinguished if an action is not brought within two 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.

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