ARTICLE I
DEFINITION OF TERMS
Section 1. – As used in this contract:
“Baggage” means such articles, effects and other personal property as are appropriate for the passenger’s wear, use, comfort or convenience in connection with the trip, whether checked in the cargo compartment or carried in the passenger compartment of the aircraft. Unless otherwise specified, it includes both your Checked and Hand-Carried Baggage.
“Baggage Check” means a document issued to the passenger by SEAIR as a receipt for Checked Baggage and which relates to the carriage of Checked Baggage and includes the Baggage Identification Tag.
“Baggage Identification Tag” means a document issued by SEAIR solely for identification of Checked Baggage.
“Carriage” is equivalent to transportation.
“Carrier” means a Philippine or foreign air carrier as defined under Republic Act. No. 776 which operates scheduled and/or non-scheduled, charter, domestic and/or international flights originating or terminating at, or serving, a point within the Philippines.
“Checked Baggage” means baggage of which SEAIR takes custody and for which SEAIR has issued a Baggage Identification Tag.
“Conditions of Contract of Carriage” or “Conditions” means this contract and those statements contained in or delivered with the itinerary and/or contained in the ticket and/or the website of SEAIR, including but not limited to SEAIR’s Terms and Conditions and identified as such and which incorporate by reference this contract, notices available at SEAIR’s offices and check-in counters and other SEAIR Regulations.
“Confirmed Reserved Space” means space on specific date, on a specific flight and class of service of SEAIR which has been requested by a passenger, and which SEAIR or its agent has verified, by appropriate notation on the ticket, as being reserved for the accommodation of destination and for which full fare has been paid.
“Confirmation Number” or “Record Locator” or “Booking Reference” means the number allocated by SEAIR to the passenger to identify each confirmed flight reservation.
“Damage” includes death, bodily injury to the passenger, loss, partial loss or other damage including to baggage, arising out of or in connection with carriage or other services incidental thereto performed by SEAIR.
“Days” means calendar days, including all seven (7) days of the week.
“Domestic Flights” means Philippine domestic flights.
“Electronic Coupon” means an electronic flight coupon or other value document held in SEAIR’s database.
“Electronic Ticket” means the itinerary issued by SEAIR or on its behalf, the electronic coupon(s) and if applicable, a boarding document.
“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 the passenger is entitled to be carried.
“Hand-Carried Baggage” means any baggage other than Checked Baggage including all items brought by the passenger into the aircraft cabin.
”International Travel” means travel between two countries including any flights within a country but combined with an international flight.
“Journey” means a single flight from one airport to another airport.
“Passenger” means any person, except members of the crew, carried or to be carried in an aircraft with SEAIR’s consent; or the passenger identified and named in the ticket issued by SEAIR.
“Sector” means the flight from the airport at the point of origin to the airport at the point of destination. Each leg of the flight is considered a single journey or sector.
“SEAIR”, means Southeast Asian Airlines (SEAIR), Inc. (South East Asian Airlines).
“SEAIR’s Regulations” means rules and other notices other than this Conditions of Carriage, published by SEAIR and in effect from time to time governing carriage of passengers and/or baggage and shall include tariffs in force from time to time and are available at SEAIR’s offices, check-in counters and website.
“Seat” means a seat on the aircraft.
“Stop-over” means a deliberate interruption of a journey by the passenger, agreed to in advance by the carrier, at a point between the place of departure and the place of destination.
“Tariff” means SEAIR’s fares and charges including applicable terms and conditions and notices published electronically or on paper and conditions applicable thereto.
“Ticket” means itinerary and includes paper ticket, electronic confirmation, electronic ticket or electronic coupon issued by SEAIR or on its behalf and including the Conditions of Carriage and accompanying notices and regulations.
“Value of the first remaining flight coupon” means the applicable one-way fare, including any surcharge, less any applicable discount on any particular sector where boarding is denied.
“Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed in Warsaw, Poland in October 12, 1929, or that Convention as amended at The Hague, The Netherlands on September 28, 1955, as amended further by other Conventions and Protocols, whichever may be applicable.
“Website” means the Internet Site www.flyseair.com or any other website provided or contracted by SEAIR for purposes of passengers making online bookings and to access information about SEAIR.
ARTICLE II
APPLICABILITY
Section 1. – The terms and conditions of these Conditions of Carriage shall apply to both international and domestic carriage by air of the passenger and baggage performed by SEAIR, including services incidental thereto, unless otherwise specified herein and to any liability SEAIR may have in relation to that carriage or transportation. These Conditions are those referred to in the ticket, itinerary, Terms and Conditions found in SEAIR’s website, as well as in applicable international treaties and Conventions unless otherwise stated herein.
Section 2. – These Conditions shall also apply to gratuitous or reduced fare carriage except as otherwise provided for herein or in relevant contracts, notices, passes or tickets, and in SEAIR Regulations.
Section 3. – Except as otherwise provided in these Conditions, in the event of inconsistency between these Conditions and other SEAIR Regulations and notices, these Conditions shall prevail unless otherwise provided in the SEAIR Regulations and notices.
Section 4. – Language. The language of these Conditions is English which shall be the sole language used in the interpretation of these Conditions.
Section 5. – Overriding Laws. To the extent that any provision contained or referred to herein is contrary to any applicable laws, the Warsaw Convention, other conventions and treaties, government regulations, orders or requirements that cannot be waived by the agreement of the parties, such conditions shall apply. The invalidity of any provision of these Conditions shall not affect the validity of any other provision.
Section 6. – SEAIR reserves the right to change or modify these Conditions with or without notice to the passenger with the approval of the Civil Aeronautics Board (CAB). No agent, employee or representative of SEAIR has authority to alter, modify or waive any provision of the Contract of Carriage unless authorized in writing by a corporate officer of SEAIR.
ARTICLE III
TICKETS
Section 1– Ticket as Prima Facie Evidence of Contract. The Ticket is prima facie evidence of the contract of carriage between SEAIR and the passenger named on the ticket. The Conditions and notices contained in the ticket are summary of some the provisions of these Conditions.
Section 2.- Purchase of the ticket does not guarantee carriage by SEAIR. The ticket is and remains at all times the property of SEAIR.
Section 3. – Transferability. A ticket is not transferable except as provided for in these Conditions and other SEAIR Regulations and tariffs. If a ticket is presented for carriage by someone other than the passenger named in the ticket, SEAIR will not be liable to the passenger named in the ticket if in good faith SEAIR provides carriage to the person presenting the ticket.
ARTICLE IV
FARES
Section 1– General. Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Each leg or sector stated in the ticket/itinerary is considered a single journey. Fares exclude ground transportation services between airports and town terminals, whether or not provided by SEAIR for the convenience of the passenger, unless otherwise specifically provided by SEAIR in the passenger’s ticket or flight coupon. Fares shall be disclosed at time of confirmation of the flight concerned. Fares may include administration fees, service charges and other charges.
A fare applies only to the following:
A. Transportation via the intermediate destinations specified by SEAIR in reference to that fare. Any other routing may subject the passenger to an additional charge.
B. Tickets may not be issued or accepted for transportation that will either originate or terminate at an airport other than the airport for which the fares are published.
Section 2- Fares are subject to change without notice. SEAIR may change the fares from time to time. The fare a passenger is charged will be the applicable fare at the time when the reservation is confirmed, payment is made, and a confirmation number is issued.
Section 3- Currency. Fares and charges are payable in the currency prescribed in SEAIR’s published tariffs and fares unless otherwise specifically agreed by SEAIR.
Section 4- Connecting Flights.When an area is served by more than one airport and a passenger arrives at one airport and departs from another airport, transportation between those airports must be arranged by and at the expense of the passenger.
Section 5- Stopover. A stopover is a voluntary interruption in the passenger’s journey at an intermediate city (airport):
A. on which space is available; or
B. that will provide for the passenger’s earliest arrival at another city (airport) or the passenger’s destination.
Section 6- Infants and Children. An Infant under the age of two (2) years, on the date of travel, may fly at the prevailing administration fee per sector provided he sits on an adult’s lap. Only one (1) infant is allowed for one (1) adult. No baby seats or perambulators are allowed in the cabin of the aircraft. A child over the age of two (2) will require their own booking confirmation and separate seat like any other adult passenger. New born babies less than seven (7) days old will not be accepted for carriage.
Section 7 – Taxes and Insurance Charges. Any tax, fee or charge imposed by the Government or other authority or by the operator of the airport in respect to the passenger for any service or facilities will be in addition to SEAIR’s fares, administration fees and charges and shall be borne by the passenger, unless otherwise specifically provided by SEAIR. Such taxes, charges and fees imposed on air travel may change from time to time and can be imposed even after the date the passenger’s booking is confirmed and prior to departure.
Section 8– Administration Fee. SEAIR reserves the right to charge a reasonable administration fee for ancillary services which are not included in the price of the Ticket.
ARTICLE V
RESERVATIONS AND BOOKING OF SEATS
Section 1.– Reservation Requirements. The booking of a seat is confirmed after full payment of the fare is made and after SEAIR issues to the passenger a confirmation number or record locator. Once confirmed, the reservation cannot be cancelled, refunded, transferred, rerouted, rebooked or changed in any way unless otherwise provided herein and in SEAIR Regulations, tariffs and other notices and subject to payment of applicable fees and charges.
Section 2.– Confirmed Seat. A passenger with a valid confirmation number reflecting confirmed reservations for a specific flight and date on SEAIR for which the full fare has been paid is considered confirmed unless the reservation was cancelled due to reasons provided in these Conditions and other SEAIR Regulations.
Section 3. – Payment. Fares must be paid in full when a booking or reservation is made. In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, SEAIR reserves the right to cancel the booking at any time prior to check-in and/or disallow the passenger to board the aircraft.
Section 4.– Name Change. Each booking or reservation is only valid for the passenger named in the confirmation booking or ticket unless otherwise allowed by SEAIR’S Regulations. No substitution of passengers shall be allowed.
Section 5. – Personal Data. The passenger hereby undertakes and guarantees that all information provided to SEAIR upon booking of the flight is correct and accurate. The passenger shall hold SEAIR free and harmless from any loss, claim or damage, including failure to transport or failure to make a connection arising from the wrong or inaccurate information provided by the passenger to SEAIR.
The passenger acknowledges and agrees that his personal data provided to SEAIR may be used by SEAIR for purposes of making bookings for carriage and providing confirmation of bookings, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security and administrative and legal purposes, credit card issuance, systems testing, maintenance and developmental, statistical analysis, and helping us in any future dealing with the passenger, including marketing initiatives and programs. For these purposes, by entering into a contract of carriage with SEAIR, the passenger authorizes SEAIR to retain and use the passenger’s personal data and information and to transmit it to SEAIR’s own officers, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above.
Section 6. – Group Bookings. These are governed by specific terms and conditions and may vary from time to time. Further details are available at SEAIR offices.
Section 7. – Flight Change. Flight change is not permitted unless otherwise provided in SEAIR’s Regulations or tariffs. In case flight change is allowed, the following rules and regulations shall apply to flight change:
A. If the new flight is at a lower fare than that of the cancelled booked flight, the difference in fares will not be refunded to the passenger;
B. If the new flight booked is at a higher fare than that of the cancelled booked flight, the difference in fares shall be paid by the passenger before the cancellation or change can be made;
C. The change is not confirmed until SEAIR issues a new booking/confirmation number or itinerary to the passenger;
D. Changes cannot be made to any part of a flight combination journey once the departure of the first flight has passed;
E. In case of conflict between the passenger’s itinerary presented by the passenger and SEAIR’s records, the latter shall prevail.
Section 8. – Promotional Fares. The rules on flight change in the preceding paragraphs do not apply to certain selected promotional fares. For more information, the passenger should refer to the applicable terms and conditions of the promotional fare concerned or contact SEAIR for further details.
Section 9. – Seating. Unless previously booked and associated fees have been fully paid by the passenger, SEAIR does not guarantee to provide any particular seat in the aircraft and the passenger agrees to accept any seat that may be allotted on the flight in the class of service for which the ticket is issued.
Section 10. – Service Charge When Space Not Occupied. A service charge (no-show fee), in accordance with SEAIR’s Tariffs and Regulations, shall be payable by a passenger who fails to use the space for which a reservation has been made.
Section 11. – Reconfirmation Requirements. For Domestic Flights, if a passenger arrives in a place and stays there more than forty eight (48) hours, the passenger must contact SEAIR’s Reservations Office or nearest ticketing office to reconfirm his flight. To facilitate reconfirmation, mention the booking number shown in the ticket to SEAIR’s representative. SEAIR reserves the right to cancel any onward booking if the passenger fails to reconfirm his onward flight within forty eight (48) hours before the departure of the booked flight.
Section 12. – Cancellation of Reservations. All reservations are subject to cancellation without notice:
A. If the passenger fails to fulfill the requirements of the fare type of that reservation.
B. If the passenger fails to check-in before the check-in cut-off time specified by SEAIR.
C. If the passenger is not present at the boarding gate at the time specified by SEAIR.
D. If the passenger fails to occupy a reserved seat (for example, a no-show).
E. If such action is necessary to comply with any government regulation, or to comply with any governmental request for emergency transportation in connection with the national defense, or whenever advisable by reason of weather, safety, or other conditions beyond SEAIR’s control.
If SEAIR refuses to transport the passenger for any of the reasons stated above, passenger will not be eligible for denied boarding compensation. Cancellation may apply to all segments in the itinerary.
Section 13. Notice of Overbooking of Flights. Certain flights of SEAIR may be overbooked. There is no absolute guarantee that a seat will always be available on a flight for which the passenger has a confirmed reservation. In case of overbooking, SEAIR’s personnel shall ask for volunteers willing to give up their confirmed reservations in exchange for a payment of SEAIR’s choosing. In case there are not enough volunteers, passengers denied boarding may be entitled to compensatory payment in accordance with these Conditions.
ARTICLE VI
CHECK-IN CONDITIONS AND
OTHER REQUIREMENTS FOR CARRIAGE
Section 1 – Timely Arrival at Check-In. The passenger must arrive at SEAIR’s check-in location and boarding gate at the airport of departure sufficiently in advance of the scheduled flight departure time to permit completion of governmental formalities and departure procedures and in any event not later than the time indicated by SEAIR. It is the passenger’s responsibility to ensure his compliance with the deadlines set in these Conditions and applicable regulations and notices.
Section 2 – Check-In Time. SEAIR’s check-in counter opens two (2) hours before the scheduled flight departure time. In any event, SEAIR reserves the right not to accept the passenger for travel or cancel the passenger’s reservation or move his reservation to waitlist if the passenger fails to check-in thirty-five (35) minutes for domestic flights and forty-five (45) minutes for international flights before the scheduled departure time of the passenger’s flight without any liability to the passenger and no obligation to make a refund of the fare.
Section 3. – Arrival at Boarding Gate. If the passenger fails to arrive on time at SEAIR’s boarding gate, even if the passenger has already checked-in for the flight, SEAIR may cancel the seat reserved for the passenger and will not delay the flight. SEAIR is not liable to the passenger for any refund of the fare or for any loss, damage or expense of any nature due to the passenger’s failure comply with this provision. The passenger must be present at the boarding gate at least fifteen (15) minutes prior to original scheduled departure time of the flight for domestic flights and at least thirty (30) minutes prior to the original scheduled departure time of the flight for international flights.
Section 4. – Requirement for Check-In. Upon check-in, the passenger is required to present a valid proof of identity and other information relating to his flight and itinerary, including a valid visa for country of destination for international flights. For infants below twenty four (24) months old on the date of the flight, proof of age, such a birth certificate may be required. If it is found that the person presenting the ticket is not the same person named as passenger in the ticket or if such person is unable to satisfactorily prove that he is the same person named in the ticket, SEAIR has the right to refuse carriage of such person and invalidate the ticket so presented.
Section 5. – No Show. Unless otherwise specified in SEAIR’s Regulations or the terms and conditions of the fare type booked and paid by the passenger, if the passenger fails to check-in on time or fails to board the aircraft by the time the aircraft departs, the fare will not be refunded for any reason whatsoever.
Section 6. – Compliance. The passenger shall be solely responsible for complying with all laws, regulations, orders, demands, instructions and travel requirements of the countries to be flown from, into or over, and with SEAIR’s tariffs, Conditions of Carriage, Regulations and other instructions. SEAIR will not be liable in any way whatsoever to the passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, instructions and requirements, whether given in writing or otherwise or the passenger’s failure to obtain or observe such visas, requirements, laws, regulations, orders, demands or instructions.
Section 7. – Travel Documents. The passenger is solely responsible for and must possess and have available for presentation as required by relevant authorities all entry and exit, health and other documents required by law, regulation, order, demands or requirements of countries concerned. SEAIR reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or when SEAIR has reason to believe that the travel documents of the passenger are not in order.
Section 8. – Refusal of Entry. The passenger agrees to pay the applicable fare whenever SEAIR, on government orders, is required to return the passenger to his point of origin or elsewhere, owing to the passenger’s inadmissibility into a country, whether of transit or of destination. SEAIR may apply to the payment of such fare any funds paid to SEAIR for unused carriage, or any funds of the passenger in the possession of SEAIR. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by SEAIR.
Section 9. – Passenger Responsible for Fines, Detention Costs, etc. If SEAIR is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger’s failure to comply with laws, regulations, orders, demand and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse SEAIR for any amount so paid or deposited and any expenditure so incurred. SEAIR may use for such expenditure any funds paid by the passenger for unused carriage, or any funds of the passenger in the possession of SEAIR.
Section 10. – Customs Inspection. If required, the passenger shall attend the inspection of his baggage, Checked or Hand-Carried, by customs or other governmental authorities. SEAIR is not liable to the passenger for any loss or damage through his failure to comply with this provision.
Section 11. – Security Inspection. The passenger shall submit to any security or health inspection or checks by governments or airport officials.
Section 12. – Refusal to Check-In. SEAIR reserves the right to refuse the check-in of any passenger without any liability to SEAIR and without any obligation to refund the fare paid, if the passenger:
A. Attempts to check-in after the closure of the check-in counters;
B. Fails to present proper identification or fails to identify himself to our staff upon check-in;
C. Fails to present or possess the proper documentation, permits, visa necessary for travel to a particular place or country;
D. Fails to fully pay any fare, fees or charges due to SEAIR;
E. Has been violent to our staff or caused disturbance at our counter or have abused our staff whether physically or verbally;
F. Is prohibited by any government or other authorities from checking in or boarding the aircraft;
G. Is unfit for travel due to drunkenness or any obvious adverse medical condition in SEAIR’s judgment;
H. Is medically unfit to travel or under a medical condition that poses or could pose a danger or threat to the health of the other passengers in SEAIR’s judgment.
ARTICLE VII
FLIGHT COMBINATIONS
Section 1. – SEAIR may offer two or more flight sectors for sale in the same reservation from specific destinations, which may change from time to time.
Section 2. – All passengers traveling on an itinerary of more than one sector must clear customs and immigration, where applicable and have reclaimed Checked Baggage before checking in for their onward flight. A minimum of two hours must be allowed in order to complete such arrival and check-in formalities. Passengers are not allowed to stopover for more than 24 hours.
Section 3. – Subject to the provisions of these Conditions and any applicable laws, rules and regulations, SEAIR shall not be liable in any way whatsoever for any loss incurred by a passenger as a result of a change to the schedule resulting in the passenger not being able to complete his journey. Best efforts will be made to offer a seat on the next available flight for the affected sector.
ARTICLE VIII
REFUSAL AND LIMITATION OF CARRIAGE
Section 1. – Refusal to Transport. SEAIR may refuse to transport or may remove from any flight, any passenger or passenger’s baggage for one or several reasons, including but not limited to the following:
A. Compliance with applicable government rules, regulations or requirements or government requisition of space.
B. Action necessary or advisable due to weather, or other conditions beyond SEAIR’s control.
C. Refusal by a passenger to permit a search of personal property for explosives, deadly weapons, controlled substances, or dangerous articles.
D. Refusal by a passenger to produce positive identification upon request.
E. Passenger’s physical or mental condition is such that, in SEAIR’s sole opinion, passenger is rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an attendant. Passenger may be accepted provided advance notice is given and an accompanying attendant is responsible for caring for passenger en route.
F. Acquisition of a ticket at any time in violation of SEAIR’s rules or regulations and/or through the unauthorized use of a credit card.
G. If a passenger’s conduct is disorderly, abusive or violent, or the passenger:
1. Appears to be intoxicated or under the influence of drugs;
2. Attempts to interfere with any member of the flight crew;
3. Refuses to obey instructions form any flight crewmember;
4. Has a disease that has been determined by the public health authority to be transmissible to other persons in the normal course of flight;
5. Has an offensive odor not caused by a disability or illness;
6. Is barefoot, or is clothed in a manner that would cause discomfort or offense to other passengers;
7. Is unable to sit in a seat with the seat belt fastened;
8. Engages in any action, voluntary or involuntary that might jeopardize the safety of the aircraft or any of its occupants.
I. A passenger who requires constant oxygen or other life support equipment.
J. The ticket, booking or itinerary is counterfeit, fraudulent or not reflected in SEAIR’s records, or has been altered by anyone other than SEAIR or its authorized agent or has been mutilated.
K. If such action is necessary for reasons of safety and security.
Section 2. – Acceptance of Children:
A. Accompanied Children.
Infants and children with age up to twelve (12) years old at the time of travel will only be accepted for transportation when accompanied by a passenger at least eighteen (18) years of age.
SEAIR reserves the right not to carry infants under seven (7) days old. SEAIR may in its absolute discretion decide to carry such infants on its flights when such carriage is expressly sanctioned in writing by a medical practitioner and when the parent of the infant signs a limited liability statement.
B.Unaccompanied Children.
Anyone age thirteen (13) years old but below the age of eighteen (18) years may be accepted for carriage unaccompanied with a signed indemnity form at the point of check-in at each departure airport by a parent or a guardian. Parents and guardians must remain at the airport until the departure of the flight. Prevailing laws of each country may differ in respect of the carriage of unaccompanied children. Unaccompanied minors will be charged an administration fee in accordance with prevailing charges and Tariffs of SEAIR.
C. During schedule irregularities, SEAIR may refuse to provide connecting air transportation services at any destination to an unaccompanied child holding reservations. This may happen where there is a reasonable likelihood that the child will not make a flight connection, and therefore require overnight accommodations.
Section 3. It is the duty of pregnant passengers to advise SEAIR of the progress of their pregnancy at the point of booking of Seat.
A. Pregnancy less than twenty four (24) weeks, SEAIR will transport the passenger.
B. Pregnancy twenty four (24) weeks but less than thirty five (35) weeks, SEAIR will transport the passenger with a doctor’s certification confirming that she is fit to travel for the flight. Such certification must be dated within seventy two (72) hours of the scheduled flight departure time.
C. Pregnancy thirty five (35) weeks and over, SEAIR will refuse the transportation of the passenger.
Section 4 – Passengers Requiring Special Assistance. Passengers with special needs are generally required to be accompanied by another fare paying passenger of at least fifteen (15) years of age. SEAIR is not able to provide supervision for those passengers who cannot travel alone but SEAIR is able to provide limited assistance when requested. There may be a fee for some services that SEAIR has to obtain from a third party. The services may not be available on all routes. Passengers must inform SEAIR of the special assistance required upon booking the seat. Otherwise, the special assistance may not be available or the passenger may be denied boarding.
Section 5. – Reduced Mobility Passengers. For safety reasons, SEAIR can carry only a maximum of two (2) passengers per flight who have reduced mobility and require special assistance at the airport. Such passengers are required to be accompanied by another fare paying passenger of at least fifteen (15) years of age. SEAIR must be notified of the condition/requirements upon booking the flight. Failure to notify SEAIR as provided herein will result in the service being unavailable on passenger’s arrival at the airport or the passenger may be denied boarding. There may be a fee charged for some services that we SEAIR has to obtain from third parties. The services may not be available on all routes.
Section 6 – Visually impaired passengers may be permitted for carriage provided they are each assisted by a personal able-bodied helper. They are not permitted for travel if they have no personal assistance available and they are solely reliant upon airline or ground handling staff for assistance. Such passengers must notify SEAIR of their condition/requirements upon booking the seat. Limits may apply.
Section 7 – Smoking is prohibited in all SEAIR flights.
Section 8 – Trained Assist Animals and Specialty Dogs. SEAIR accepts for transportation, without charge, animals trained in special assistance to the disabled, dogs trained in search and rescue functions, and dogs trained to detect explosives. The trained animals, when properly harnessed, will be permitted to accompany such passengers (handlers) in the cabin, but may not occupy a seat or block access to the aisle. This may not be permitted in international flights.
Section 9– Use of Radios, Cell or Mobile Phones, Computer and TVs Onboard Aircraft. Radios, Cell or Mobile phones, computers or TV receivers and other similar equipment cannot be used onboard the aircraft because it may interfere with the aircraft’s navigation equipment.
Section 10 – For safety reasons, in cases of situations arising from but not limited to fire, fog, flood, severe weather conditions, inadequacy of field conditions of airports, riots or civil commotions, strikes, war, or hazards or dangers incident to a state of war or rebellion, aircraft weight limitation, aircraft seating capacity, or any other acts, matters, or things, whether or not of a similar nature, SEAIR or the pilot-in-command of the aircraft shall have complete and sole discretion concerning which persons or articles to be carried for transportation, its distribution, and as to whether or not a flight shall be undertaken, and as to where landings shall be made and all other matters concerning the flight and the passenger accepts such decision is final.
Section 11 – Consequences of Refusal of Carriage or Removal of Passenger or Baggage. Passengers on board SEAIR’s aircraft, whether on arrival at destination or on agreed stopping place, or when a flight is subject to delay or cancellation must disembark from the aircraft when required to do so by SEAIR. SEAIR may take reasonable measures to remove a passenger who refuses to disembark when required to do so by SEAIR and any such passenger shall on demand reimburse SEAIR for any costs, losses or expenses incurred by SEAIR as a consequence of such refusal to disembark.
ARTICLE IX
BAGGAGE
Section 1. – General Conditions of Acceptance. SEAIR will accept for transportation as baggage such personal property as necessary or appropriate for wear, use, comfort or convenience of the passenger for the purpose of the trip. All baggage is subject to inspection.
Section 2. – Checked Baggage. Baggage may only be checked in two (2) hours prior to the scheduled departure of flights. Due to security requirements, passenger’s baggage will not be accepted at the check-in counter less than thirty five (35) minutes for domestic flights and forty five (45) minutes for international flights prior to the scheduled departure of flights. Please note the minimum check-in time for passengers with Checked Baggage may be greater at some airports. The minimum check-in time for baggage at each SEAIR station is available at SEAIR ticket offices or website.
Checked Baggage is subject to the following terms and conditions:
A. Checked Baggage will be accepted for transportation only on flights on which the passenger is traveling. Baggage will only be checked:
1. To an airport that is on the passenger’s routing ;
2. To the passenger’s next airport of stopover ;
3. To the passenger’s final destination airport .
B. SEAIR will not accept baggage whose size, weight or character makes it unsuitable for transportation on the aircraft as determined by SEAIR. Baggage items must be suitably packaged to withstand normal handling as checked baggage or they may be refused. Acceptance of any baggage does not constitute agreement by SEAIR that such baggage is suitably packed.
C. Upon delivery to SEAIR of the baggage to be checked, SEAIR shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have the passenger’s name or other personal identification of the passenger for security reasons.
D. Checked Baggage may be claimed only by the holder of the baggage claim check. Baggage claim checks must be returned to SEAIR on request. SEAIR is not responsible to determine that the holder of the claim check is entitled to the baggage. If baggage claim checks are lost, proof of ownership may be required prior to release of the baggage.
E. Acceptance of baggage by the bearer of a baggage claim check without filing a written complaint shall constitute evidence of delivery by SEAIR of the passenger’s baggage, with all original contents, in good condition.
F. Baggage is measured by length + width + height. The dimensions of each measurement are added together to compose the total number of linear inches.
G. Any baggage which is unclaimed after being in the SEAIR’s possession for thirty (30) days shall be disposed of by SEAIR in any manner it deems proper.
Section 3. – SEAIR reserves the right to refuse carriage of such baggage or such items found in the baggage as follows:
A. Items which are not properly packaged in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling or those items or packages which due to size, weight, character make them unsuitable for transportation, or that cannot be accommodated without harming or annoying the passengers;
B. Hazardous items and materials which are likely to endanger the aircraft or persons or property on the board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms and Conditions and Regulations;
C. Items the carriage of which is prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over;
D. Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
E. Fragile or perishable items;
F. Live or dead animals;
G. Human or animal remains;
H. Fresh or frozen seafood or other meats provided that such items may be carried on board as checked baggage only if SEAIR is satisfied that they have been properly packed. Strictly only Styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities;
I. Firearms and ammunition;
J. Explosives, flammable or non-flammable gas (such as aerosol paints, butane gas, lighter refills), refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable fluids (such as paints, thinners, solvents), flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium), corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches);
K. Weapons such as antique firearms, swords, knives and similar items provided that such items may be allowed as Checked Baggage subject to SEAIR’s Conditions of Carriage and Regulations and at our absolute discretion for very special reasons. They cannot be carried into the passenger cabin for any reason whatsoever;
L. Plants, flowers, fruits, cuttings or other plant products;
M. Money, jewelry, precious metals, silverware, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples;
N. Items which do not constitute baggage as defined in Section 1, Article I hereof.
If any items referred to in any part of this Section are carried, whether or not they are prohibited from carriage as baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions of Carriage and SEAIR Regulations, Tariffs and notices applicable to the carriage of baggage.
Section 4. – Right to Search. For reasons of safety and security, SEAIR may require the passengers to undergo a search, x-ray or other type of scan on their persons or their baggage. SEAIR reserves the right to search the passengers’ baggage in their absence if they are not available, for purposes of determining whether they are in possession of or whether their baggage contains any unacceptable or prohibited items. If the passenger refuses to comply with such searches or scans, SEAIR reserves the right to refuse carriage of the passenger and such baggage without refund of fare and without any other liability to the passenger. In the event that a search or scan causes injury to the passenger or the baggage, SEAIR shall not be liable for such injury or damage.
If required, the passenger must attend the inspection of his baggage, Checked or Hand-Carried, by customs or other Government officials. SEAIR will not be liable to the passenger for any loss or damage suffered by the passenger by his failure to comply with this requirement.
Section 5. – Free Baggage Allowance. Unless otherwise specified in SEAIR’s Regulations, passengers traveling on SEAIR are allowed one (1) piece of Checked Baggage free of charge provided they meet size and weight limitations, as follows:
A.Domestic Flights. The maximum weight per checked bag is ten kilograms (10 kg) and the maximum size is fifty nine inches (59 in) (length + width + height) unless otherwise provided in SEAIR’s Regulations. Military Personnel may check one (1) Duffle Bag or Sea Bag in place of a 59 inch bag.
B.International Flights. The maximum weight per Checked Baggage is fifteen kilograms (15 kg) subject to SEAIR’s Rules and Regulations regarding the maximum size of permitted baggage and subject to the conditions and limitation found in these Conditions.
C.Passengers may choose to pay to upsize their Checked Baggage up to 72 hours prior to departure for an additional fee. This service is available online at the time of making of the booking or through SEAIR’s Reservation’s Offices if selected at a later date. If the passenger chooses to upsize the weight of his Checked Baggage, any excess baggage exceeding the upsize limit will be subject to normal excess baggage fees as provided in SEAIR’s tariffs and Regulations. Upsize baggage excludes, but is not limited to, sporting equipment. All upsize baggage fees paid are strictly non-transferable and non-refundable.
Section 6. – Overweight Baggage. A passenger shall pay a charge for the carriage of baggage in excess of the free baggage allowance at the rate provided in SEAIR’s tariffs and Regulations. Baggage in excess of the free baggage allowance will only be carried at the discretion of SEAIR subject to space and weight limitation and payment of required charge(s).
Section 7. – Oversize Baggage. Checked baggage with overall dimensions exceeding the allowable dimensions provided in SEAIR’s tariffs and Regulations will be charged for carriage in accordance with the rate provided in SEAIR’s tariffs and Regulations. Oversize Baggage will only be carried at the discretion of SEAIR subject to space and weight limitation and payment of required charge(s).
Section 8. - Special items such as wheelchairs and assistive devices, bicycles, golf equipment, surfboards, and scuba equipment are not included in a passenger’s free baggage allowance and are subject to additional charges.
Section 9. – Hand-Carried Baggage. Unless otherwise specified in SEAIR’s Tariffs and Regulations, passengers traveling on SEAIR are allowed one (1) piece of Hand-Carried Baggage free of charge, provided they meet the conditions, size and weight limitations contained in these Conditions and prevailing SEAIR Tariffs and Regulations. The suitability of Hand-Carried baggage will be determined solely by SEAIR.
A. Each passenger may carry on, without charge, only one (1) piece of carry-on baggage plus an additional hand-bag or laptop provided that it does not exceed the dimensions of 20cm x 32cm x 45cm and does not weigh more than three kilograms (3 kg).
B. The Hand-Carried Baggage must fit under the seat in front of the passenger or in the enclosed storage compartment in the cabin. Garment bags are considered one of the allotted pieces. Objects not suitable for transport in the cargo compartment will not be accepted for transportation in the cabin compartment except as otherwise provided in SEAIR’s Conditions and Regulations or with the prior consent of SEAIR. The transport of such objects may be charged separately.
C. All baggage must be completely stowed before the airplane may depart the gate.
Section 10. – Items removed by Airport Security Personnel. SEAIR will not be responsible for, nor have any liability in respect of items removed from passengers or their baggage by airport security personnel.
Section 11. – Other Conditions. Other conditions relating to the carriage of passenger baggage, including but not limited to carriage of sporting equipment and musical instruments, can be found at SEAIR’s website, tariffs, notices and Regulations.
ARTICLE X
SCHEDULES AND CANCELLATION OF FLIGHTS
Section 1. – Schedules.
A. SEAIR undertakes to use its best efforts to carry the passenger and his baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. However, no particular time is fixed for the commencement or completion of carriage and times shown in the ticket, timetables or elsewhere are approximate and not guaranteed, and do not form part of the Conditions of Carriage. Schedules are subject to change without notice and SEAIR assumes no responsibility or liability for any loss incurred by passengers as a result of such change.
B. SEAIR may, without notice to the passengers, substitute alternative carriers or aircraft.
Section 2. – Cancellation, Changes of Schedule, etc. At any time after a booking has been made, SEAIR may change flight schedule and/or cancel, terminate, divert, postpone, reschedule or delay any flight where SEAIR may consider this to be justified by circumstances beyond its control or for reasons of safety or commercial reasons. In such cases, SEAIR shall not be liable to the passenger for any indirect, special or consequential loss, expense or damage, including loss of income. In the event of such flight cancellation or changes to the schedule, SEAIR at its option, may either:
1. Carry the passenger at the earliest opportunity on another of its scheduled passenger services on which space is
available without additional charge and, when necessary, extend the validity of the passenger’s booking; or
2. Reroute the passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or the scheduled service of another carrier, or by means of surface transportation; or
3. Allow the passenger to retain the value of the fare in a credit account for future travel provided that the passenger must rebook a flight with SEAIR using the credit within six (6) months therefrom; or
4. Make a refund in accordance with this Conditions of Carriage and shall be under no further liability to the passenger.
Upon occurrence of the events stated in this Section, the options outlined in this Section are the sole and exclusive remedies available to the passenger and SEAIR shall have no further liability to the passenger.
ARTICLE XI
REFUNDS
Section 1. – In General. Fares are not refundable at all times unless otherwise specified herein or in SEAIR’s Regulations and tariffs. When applicable, SEAIR’s refund policy will be in accordance with the type of ticket purchased and its restrictions.
A. Voluntary Refunds. If the passenger decides not to use the ticket and the ticket is not subject to non-refundable restrictions, the following refund options will be made available to the passenger:
1. A credit account for future travel with SEAIR will be established for the total fare paid for each unused segment; or
2. The passenger may be rebooked on another flight subject to applicable charges unless otherwise.
SEAIR reserves the right to charge an administration fee for any refund where the passenger fails to fly with SEAIR despite a flight being available.
B. Involuntary Refunds. In the event the refund is required because of SEAIR’s failure to operate or refusal to transport, the following refund options will be made available to the passenger:
1. The total fare paid for each unused segment will be refunded; or
2. A credit account for future travel with SEAIR will be established for the total fare paid for each unused segment; or
3. The passenger will be rebooked on another flight.
An administrative fee will not be charged for the involuntary refund option selected.
Section 2. – Refund of Lost Ticket. SEAIR will not refund nor replace lost tickets.
Section 3. – Other Conditions for Refund.
A. Except as herein provided, refund shall be made either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of proof satisfactory to SEAIR of the entitlement to the refund.
B. Refund will not be made after the ticket is expired.
C. A refund made to anyone presenting the passenger ticket or passenger receipt and all unused flight coupons and holding himself out as a person to whom refund may be made in accordance with this article and SEAIR makes a refund in good faith, the refund made shall be deemed proper refund and shall discharge SEAIR from any and all liabilities and any further claim for refund.
ARTICLE XII
DENIED BOARDING COMPENSATION
Section 1. – Denied Boarding. When applicable, SEAIR shall furnish passengers who are denied boarding involuntary from flights on which they hold confirmed reserved space, immediately after the denied boarding occurs, a written statement explaining the terms, conditions, and limitations of denied boarding compensation and describing SEAIR’s boarding priority rules and criteria. SEAIR shall also furnish the statement to any person upon request at all airport ticket counter positions and at all boarding locations being used by the carrier. The statement shall read as follows:
“Compensation for Denied Boarding”
“IF YOU HAVE BEEN DENIED A RESERVED SEAT ON SEAIR YOU ARE PROBABLY ENTITELD TO MONETARY COMPENSATION. THIS NOTICE EXPLAINS SEAIR’S OBLIGATIONS AND THE PASSENGER’S RIGHTS IN THE CASE OF AN OVERSOLD FLIGHT, IN ACCORDANCE WITH REGULATIONS OF THE CIVIL AERONAUTICS BOARD (CAB).”
A. Volunteers and Boarding Priorities. If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his will until airline personnel first ask for volunteers who will give up their reservation willingly in exchange for a payment of the airline’s choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily in accordance with the following boarding priority of SEAIR:
1. The last passenger to present himself at the boarding gate.
2. Reasonable efforts will be made to accommodate disabled, elderly, or infirmed passengers needing assistance, unaccompanied children under 12 years of age and connecting passengers.
B. Compensation of Involuntary Denied Boarding. If a passenger is denied boarding involuntarily, the passenger is entitled to a payment of “denied boarding compensation” from the airline unless:
1. The passenger has not fully complied with the airline’s ticketing, check-in, and reconfirmation requirements; or, the passenger is not acceptable for transportation under the SEAIR’s Conditions, Regulations and usual rules and practices; or
2. The passenger is denied boarding because of Government requisition of space; or the flight is cancelled due to operational and/or safety reasons, force majeure, weather, strikes, or other causes beyond the control of SEAIR; or
3. The passenger is denied boarding because a smaller capacity aircraft was substituted for safety or operational reasons; or
4. The airline offered accommodations in a section of the aircraft other than specified in the passenger’s ticket, at no extra charge (a passenger seated in a section for which a lower fare is charged must be given a appropriate refund); or
5. The airline arranges for comparable air transportation, or for other transportation accepted by the passenger; which at the time of either such arrangement is made, is scheduled to arrive at the place of the passenger’s next stop-over, (or, if none, at the place of his destination) not later than three (3) hours in case of domestic flights or not later than four (4) hours in case of international flights, from the scheduled time of arrival of the flight on which he was denied boarding.
C. Amount of Denied Boarding Compensation. Passengers who are eligible for denied boarding compensation must be offered compensation at the rate of:
1. Passengers for Domestic Flights – 100% of the value of the first remaining flight coupon plus the amount of One Hundred Fifty Pesos (Php150.00), and
2. Passengers for International Flights – 100% of the value of the first remaining flight coupon, but not to exceed One Thousand Five Hundred Pesos (Php1,500.00) or its equivalent, plus an amount not exceeding Five Hundred Pesos (Php500.00) or its equivalent, to cover accommodation, meals, land transportation and other expenses.
D. Method of Payment. The airline must give each passenger who qualifies for denied boarding compensation a payment by cash or check or credit for future travel in the amount specified above, on the day and place the involuntary denied boarding occurs or at any SEAIR branch or main office. However, if the airline arranges alternate transportation for the passenger’s convenience that departs before the payment can be made, the payment will be sent to the passenger within reasonable time. The passenger may refuse all compensation and bring private legal action.
E. Passenger’s Option. Acceptance of compensation by the passenger shall relieve SEAIR from any further liability to the passenger for all claims of damages caused by its failure to honor the confirmed reservation. However, the passenger may decline the payment and seek to recover damages in a court of law or in some other manner.
ARTICLE XIII
LIMITS OF LIABILITY FOR
INTERNATIONAL CARRIAGE
Section 1. – Warsaw Convention Notice. Passengers on a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that the Warsaw Convention may apply to the entire journey, including any portion thereof entirely with a country. For such passengers, the Warsaw Convention, including special contracts of carriage embodied in applicable tariffs, govern the liability of the carrier for death of or injury to passengers and loss of or damage to baggage. The names of the carriers that are party to such special contacts are available at all ticket offices of such carriers and may be examined upon request.
Section 2. – Notice of Baggage Liability Limitations. Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional chargers are paid. Liability for domestic travel and liability for international travel vary according to the applicable laws.
ARTICLE XIV
TIME LIMITATION ON CLAIMS AND ACTIONS
INVOLVING INTERNATIONAL CARRIAGE
Section 1. Notice of Claims. No action shall prosper in case of damage to Checked Baggage involving international carriage unless the person entitled to delivery files a complaint with SEAIR after the discovery of the damage, and at the latest, within seven (7) days after the receipt; and in case of delay, unless the complaint is made at the latest within twenty one (21) days from the date on which the Baggage has been placed at the passenger’s disposal, and in case of loss unless the complaint is made at the latest within twenty one (21) days from the date of receipt of notice of loss issued by SEAIR. Every complaint must be made in writing and dispatched within the period abovestated. The method of calculating the period of limitation shall be determined by the law of the court having jurisdiction.
Section 2. – Limitation of Actions. Any right to damages involving international carriage shall be extinguished if no action is brought within two (2) years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
ARTICLE XV
LIMITS OF LIABILITY FOR
DOMESTIC CARRIAGE
Section 1. – Domestic Baggage Claim Limits and Procedures
A. SEAIR’s liability for loss, damage or delay in delivery of baggage in its custody shall not exceed Php 40.00 per kilo.
B. SEAIR is not responsible for normal wear and tear to Checked Baggage.
C. SEAIR will not be liable or responsible for property carried on board an aircraft by a passenger and retained in their custody.
NOTE: ALL CLAIMS ARE SUBJECT TO PROOF OF VALUE AND LOSS
ARTICLE XVI
TIME LIMITATION ON CLAIMS AND ACTIONS
INVOLVING DOMESTIC CARRIAGE
Section 1– Claims for damaged or delayed baggage must be submitted before leaving the airport after arrival. Notice may be provided within twenty four (24) hours of arrival if claimant established he was unable to give notice at the airport for good cause. Good cause will be determined at the sole discretion of SEAIR. No claim of personal injury or death of a passenger will be entertained by SEAIR unless preliminary notice of the claim is presented to an office of the carrier within (4) hours after the occurrence of the event giving rise to the claim. Failure to give notice within these time limits will not bar the claim if the claimant establishes, to the satisfaction of the carrier, that he was unable, in whole or in part, to file such claim.
Section 2– Any legal action premised on or related to the incident must be commenced within one (1) year of the date of incident. If notice is not provided as set forth above and legal action is not commenced within one year of the date of the incident, then SEAIR is discharged from any and all liability arising from or relating to such incident.
Section 3– In the event of loss of Checked Baggage, written notice of any and all claims must be reported to SEAIR in person within four (4) hours of passenger’s arrival destination.
Section 4– The provisions of Articles X, XI, XII, XIII, XIV, XV and XVI of these Conditions shall not cover or apply to free-of-charge (FOC) and/or discounted tickets with respect to liability for personal injury of death and/or injury or damage to baggage and/or cargo, and no liability shall be recoverable from SEAIR, and no right to recovery or reimbursement exists, by reason of such FOC and/or discounted tickets except as may be equitably determined at the sole discretion of SEAIR.
ARTICLE XVII
GENERAL PROVISIONS
ON LIMITATION OF LIABILITY
Section 1 – To the extent not in conflict with and whether or not the Warsaw Convention applies:
A. SEAIR cannot guarantee that the passenger’s baggage will be carried on the flight if sufficient space is not available based on the sole determination of SEAIR.
B. SEAIR will not provide or reimburse passengers for expenses incurred due to delays or cancellations of flights, including meals, lodging and accommodations to the passengers who are unable to continue with their journey by reason of such cancellation or delay.
C. No Liability for Additional Services. If in the course of concluding the contract of carriage by air, SEAIR also agrees to make arrangements for additional services such as hotel accommodations, transfers, excursion trips, special assistance to passengers and the like, whether for a fee or otherwise, SEAIR does so only as agent of the passenger and shall have no liability to the passenger for any loss, damage or expense of any nature whatsoever incurred by the passenger as a result of or in connection with use by the passenger of such arrangements or services or the denial of the use thereof to the passenger by any other person, company or agency.
D. SEAIR is liable only for damage occurring on its own line or air services.
E. SEAIR is not liable for damage to Checked or Hand-Carried Baggage unless such damage is caused by the negligence of SEAIR and such baggage was within the control and custody of SEAIR. If there has been contributory negligence on the part of the passenger, SEAIR’s liability shall be subject to the applicable law relating to contributory negligence.
F. SEAIR is not liable for damage arising from its compliance with any laws or governmental regulations, order or requirements, or from failure of the passenger to comply with the same.
G. SEAIR’s liability shall not exceed the amount of proven damages and in no event will our obligations exceed any liability specified in these Conditions. SEAIR shall furthermore not be liable for indirect, special or consequential damages.
H. SEAIR is not liable for injury to a passenger or for damage to a passenger’s baggage caused by property contained in such passenger’s baggage. Any passenger whose property causes injury to another person or damage to another person’s property or to the property of SEAIR shall indemnify SEAIR for all losses and expenses incurred by SEAIR as a result thereof.
I. SEAIR is not liable for delay, loss or damage to articles or items not permitted to be contained in Checked or Hand-Carried Baggage, including but not limited to, fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities, or any other valuables, business documents, passports and other identification documents or samples. Carriage of the foregoing shall be allowed only under special arrangement with SEAIR without any liability to SEAIR.
J. If a passenger is carried whose age or mental, medical or physical condition is such as to involve any hazard or risk to himself or herself, SEAIR shall not be liable for any illness, injury, disability, including death, attributable to such condition or for the aggravation of such condition. SEAIR is not liable for any consequence resulting to solely from the state of health of the passenger.
K. Any exclusion or limitation of liability of SEAIR shall apply to and be for the benefit of agents, employees and representatives of SEAIR and any person or company whose aircraft is used by SEAIR and such person’s or company’s agents, employees and representatives. The aggregate amount recoverable from SEAIR and from such agents, employees, representatives and person or company shall not exceed the amount of SEAIR’s limit of liability.
L. Unless so expressly provided, nothing herein contained shall waive any exclusion or limitation of liability of SEAIR under the Warsaw Convention or applicable laws, rules and regulations.
M. SEAIR, its agents and employees shall not be liable for any death, personal injury, loss or damage however caused unless such death or personal injury, loss or damage was caused by our negligence or our agents and employees
N. The passenger voluntarily assumes risk and danger in connection with the assistance provided to passengers with reduced mobility including any death, personal injury, loss, damage or liability. Any complaints regarding the service shall be directed to and dealt with by the handling agent for such services.
O.SEAIR’s liability for any accident, injury, or death is governed by applicable laws.
ARTICLE XIX
CHOICE OF LAW
AND JURISDICTION
Section 1. – Unless otherwise provided by the Warsaw Convention or any applicable law, government regulations, orders or requirements:
A.These Conditions and any carriage which SEAIR agree to provide the passenger or his baggage shall be governed by the laws of the Philippines;
B. Any dispute between the passenger and SEAIR concerning or arising out such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of the Philippines.
Section 2. – Any person who is not a party to these Conditions shall not have any right to enforce any terms of these Conditions.
