TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS OF AIR CARRIAGE BY FlyGR8

 

 

Table of Contents:

 

§1 General rules of carriage – application and scope

§2 Booking through the Charterer

§3 Ticket

§4 Fleet

§5 Data protection

§6 Travel documents

§7 Passenger check-in

§8 Refusal of Carriage

§9 Administrative formalities

§10 Passenger’s responsibilities and conduct during air carriage

§11 Carrier’s responsibilities during air carriage

§12 Special care passengers

§13 Carriage of infants and children

§14 Cabin luggage

§15 Registered luggage

§16 Transport of animals

§17 Objects excluded from air carriage and objects restricted from air carriage

§18 Reception of luggage

§19 The right to luggage check-ups

§20 Air Carrier’s liability

§21 Liability for harm inflicted on the passenger

§22 Liability for loss, pilferage, damage or delayed delivery of luggage

§23 Irregularities

§24 Claims

§25 Catering

§26 Additional services

§27 Applicable law and judicial venue

Annex I - List of items that cannot be carried by passengers into security restricted areas or aboard the aircraft

Annex II IATA Dangerous Goods Regulations, 60th edition, 01 January 2019

Annex III - Table of additional fees

I. DEFINITIONS

Luggage - Such articles, effects and other personal property of a Passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip.

Non-registered / Cabin Luggage – The passenger’s unregistered baggage and personal belongings, in his care in the passenger cabin.

Registered Luggage – the passenger’s registered baggage and personal belongings on which the Carrier issues a baggage check (Tag).

Ticket (Confirmation of Travel) – A “travel ticket” / “transport document” within the meaning of the Convention. This is an electronic record, provided by the Charterer to the Carrier or a document issued by the Charterer. The ticket entitles the Passenger to travel on the route indicated in the Ticket.

Charterer - A travel agent or any other natural or legal person or entity with whom FlyGR8 has entered into a flight / charter agreement or another agreement by which FlyGR8 has sold all or part of the aircraft capacity on specific routes.

Travel documents – Documents required for entering and exiting a given country, as per requirements of the country of embarkation, transfer and disembarkation, such as national ID card with photo, passport, visa, entry or exit documents, invitations or other documents required by the legislation of the countries of embarkation, transfer and disembarkation.

Carrier code - The carrier designator consisting of a two-character combination (digit and letter) or a three-letter combination identifying the air carrier (ELF).

Infant – A person over one week old and under the age of two years on the day of departure. An infant may travel by aircraft 7 days after birth.

The Convention – A convention on unification of certain rules in international air carriage, signed in Warsaw (hence the name The Warsaw Convention) on October 12, 1929, in its original wording or as amended by the Hague Protocol in 1955 and/or the Guadalajara Convention of 1961, or the Montreal Convention, signed on May 28, 1955, whichever of these two conventions apply to the particular carriage due to the route specified in the ticket or the total issued tickets.

GTCC - Acronym for these General Terms and Conditions of Carriage, in force during the Carrier’s performance of contracts for carriage.

Carrier – An air carrier whose flight designator code is given in the ticket.

SDR - (Special Drawing Right) – A conventional currency unit, set by the International Monetary Fund; update of its value is available on the IMF’s web page: www.imf.org

This carrier’s website: www.flygr8.com

Loss – Death, injury or any other personal injury resulting from an accident during air carriage provided by Carrier and loss, destruction, pilferage or delay of delivery of baggage resulting from or in connection with such carriage by air.

Baggage tag – A document, attached to a checked piece of Passenger’s luggage, issued by Carrier solely for its identification.

DETAILED RULES OF AIR CARRIAGE OF PASSENGERS AND BAGGAGE

 

§1.  General rules of carriage - application and scope

 

  1. General rules of carriage apply to regular and irregular flights performed by the carrier, ie. those for which the carrier's name or carrier code was indicated in the relevant Ticket field.

  2. In the case of free or discounted transport, the Carrier has the right to restrict or exclude these Terms of Carriage.

  3. If any provision or part-provision of the following terms and conditions are or become invalid, illegal of unenforceable, they shall be deemed deleted, but that shall not affect the validity of the rest of the conditions.

 

§2.  Booking through the Charterer

 

  1. FlyGR8, as charter carrier, is the supplier of the aircraft and crew for travel agencies, on the basis of a charter contract. Seat reservations can only be made at the Charterer who is the owner of the flight or through his service. On certain charter flights, FlyGR8 may provide a brokerage service for the Charterer in booking and sales of the seats on its flights.

  2. The booking is made out to customer’s name; the particulars contained therein may only be altered with consent from the Charterer or Carrier.

  3. When change of booking is possible, it must be made not later than 2 hours before scheduled time of departure. Confirmation of booking is issued by the ticket seller. Conditions of making a booking, confirmation and cancellation of the booking are determined by the agreement between the Passenger and the ticketseller.

  4. The booking may contain information related to the route as well as additional services ordered by the Passenger.

  5. The conditions of cancellation, withdrawal and termination of the flight reservation are specified by the agreement between the Passenger and the Charterer.

  1. §3. Ticket

 

  1. Until other evidence is presented, Ticket is a proof of a contract concluded with the Passenger named in theTicket.

  2. Ticket is valid only on days or during a period indicated init.

  3. A person who does not submit a valid Ticket issued in accordance with the Carrier's regulations or whose name is not included on the list provided by the Charterer to the Carrier will not be entitled tofly.

  4. The only person who can avail oneself of a Ticket is the person for whom the Ticket was issued, and Carrier may ask to see the person’s ID as well as compare the ID’s particulars with those in the Carrier’s database.

  5. Tickets are not transferable.

  6. The Carrier’s name in the Ticket may be made short by giving his Code, or in any other way.

 

§4.  Fleet

 

  1. FlyGR8 uses Boeing 737-400 aircraft's.

  2. FlyGR8 reserves the right to change the type of aircraft when the flight cannot be performed by the plane belonging to FlyGR8’s fleet and in the event when FlyGR8 is forced to perform a flight with assistance of another carrier; the identity of the carrier is provided pursuant to art. 11 of Regulation (EC) No 2111/2005 of the European Parliament and of the Council of December 14, 2005 on informing air transport passengers of the identity of the operating air carrier.

  3. In the situation described above, the air carrier shall immediately notify the Charterer.

§5.  Data protection

  1. The Administrator of your personal data is FlyGR8 with its registered seat in Thessaloniki, Greece. Full information on processing of your personal data by the administrator is provided in a separate Privacy Policy available on the Carrier's Website. The Privacy Policy also includes information regarding cases of transferring your personal data to domestic or foreign government and border control authorities, in accordance with the binding provisions of the law.

  2. The company has appointed a Personal Data Protection Officer. In matters of processing your personal data by the Inspector, including the execution of the rights you are entitled to, please contact the Inspector by instrument in writing to the Administrator's address or by email to privacy@flygr8.com.

 

§6.  Travel documents

 

  1. The passenger is bound to have all travel documents required during his journey as well as fulfill all requirements which make him eligible for entering and exiting a given state, as per requirements of state organs of the country of embarkation, transfer, transit and disembarkation and is solely responsible for their validity. Before the journey, the passenger is bound to submit such Travel documents as required by laws and regulations of a country of disembarkation and overfly and he is bound to respect laws and regulations of such countries. If the passenger fails to obey same, or when his travel documents are not correct, the Carrier may refuse to carry the passenger without responsibility for any aftermath.

  2. Should the Carrier be liable to incur any fine or forfeit, or in case the Carrier incurs any expenses due to the passenger’s non-compliance with any rules mentioned in Item 1 of this Clause, the passenger shall reimburse the Carrier to the amount of the damage suffered. The passenger shall also resume the cost of return from the country which refused him entry.

  3. The Carrier disclaims liability for any missing or invalid Travel documents in the passenger’s possession.

  4. The Carrier disclaims liability for turning the passenger down if, quite rightly, the Carrier thinks that the passenger’s Travel documents do not meet the requirements provided in laws and regulations or if the Carrier thinks that such refusal is necessary to abide by laws and regulations of any country which the flight goes through.

  5. The foregoing provisions also refer to documents for animals which travel along with the passenger.

 

§7.  Passenger check-in

  1. Passenger check-in begins 2 hours before and ends 40 minutes before the departure time. Gates to the aircraft are closed 10 minutes before the scheduled departure time. The checked-in passenger should be at the gate to the aircraft a reasonable time in advance and not later than thirty (30) minutes before the scheduled departure time. In specific cases, commencement and termination of check-in may differ, and the Carrier shall advise the Passenger or Charterer accordingly.

  2. More rigorous security procedures at most airports may result in delayed departures and arrivals of all aircraft, without a fault on Carrier’s part. In order to minimize aircraft delays, passengers should accommodate themselves to these requirements:

    1. all passengers, including children and infants, must present at check-in desks valid travel documents specified in Part I, "Definitions" and the Clause 6 of these General Terms and Conditions of Carriage.

    2. the period of validity of the passport should not be less than six months from the date of departure.

    3. due to specific requirements of certain destination countries, supporting

    4. documents, such as visas - are already checked at check-in at the airport of departure.

    5. Passengers’ surnames and first names on ID documents should be identical to those on tickets and booking confirmations.

  3. Due to binding safety regulations, some items are not allowed on board (the list of prohibited items is provided in Annex I to these General Terms and Conditions of Carriage). The Carrier may either ask the passenger to remove selected item(s) from Hand luggage and put them into Registered Luggage, to be flown in a cargo hold, or refuse to check in a piece of luggage that contains for bidden item(s).

  4. Passengers, who for reasons beyond the Carrier’s control, do not turn up at a check-in counter within the time stipulated by the Carrier or do not appear a reasonable time in advance when boarding the aircraft, may not be taken on board and their booking for a given flight shall be cancelled.

  5. Each passenger is bound to obey respective regulations of a given state and orders from state functionaries and/or airport personnel. Disrespect for such regulations and orders from functionaries of state may end up in refusing to fly the Passenger.

  6. If departure has been delayed because of a passenger’s no show at the gate (necessitating unloading of his registered luggage), such passenger is obliged to bear related costs. Passenger acknowledges that the voluntary leave of the aircraft by the passenger results in a compulsory procedure for identifying and unloading checked baggage, which may cause delays and, in extreme cases, the need to cancel the flight. A passenger who, after boarding an airplane, voluntarily leaves it without important reason, and thus causes delay or cancellation of the flight, is liable for damages suffered by the carrier due to delay or cancellation, without any limits.

  7. The Carrier disclaims any responsibility to the passenger for any loss or expenditure caused by the passenger not meeting the requirements of this Clause 7 par. 3 above.

 

§8. Refusal of Carriage

 

The carrier reserves the right to refuse carriage of any Passenger or his baggage if, in the exercise of its reasonable discretion, finds it necessary:

  1. For reasons of safety;

  2. The carrier believes that the mental or physical condition of the passenger may endanger the life, health, well being or belongings of the passenger’s and/or other persons on board;

  3. The carrier believes that it is necessary to refuse to fly the passenger because of regulations and legislation of any country where the flights would originate or fly over, have a stopover, be a transit place or port of destination;

  4. The passenger disregarded commands of the Carrier’s flight attendants, functionaries of organs of the state and/or airport personnel, especially in respect to safety and order on board,

  5. The carrier had already informed the passenger in a written form that he was declared a passenger non grata on all the carrier’s flights;

  6. The passenger refused to undergo security checks;

  7. The passenger is not able to prove that he is the person for whom the ticket was booked;

  8. The passenger does not have the required and valid Travel documents, or refuses to show required Travel documents when asked by the carrier or its representatives;

  9. The passenger destroyed the required Travel documents, or they have been damaged or falsified, or he refused to deposit travel documents to the carrier’s personnel for the duration of the flight, acknowledging the receipt if it is required by the adequate state authorities.

  10. The passenger has been refused entry to the place of departure or arrival or, fly over a country enroute;

  11. The ticket which the passenger is showing:

    • was acquired illegally, or was not purchased at the Charterer;

    • has been declared lost or stolen;

    • has been falsified in any way or contains changes made by a person other than the Carrier or Charterer;

  12. The Passenger has not notified the Carrier of his special needs or medical condition or of his intention to take special luggage (such as portable oxygen concentrators) with him, at least 48 hours prior to the scheduled departure;

  13. The Passenger needs special care which the Carrier is not able to provide or afford as disproportionately expensive;

  14. The passenger has been improperly behaving during an earlier flight and the Carrier assumes that such behavior may be repeated;

  15. The Passenger’s behavior may become a misdemeanor or a crime;

  16. The Passenger has not obeyed the no smoking ban in the Carrier’s aircraft.

  17. The Passenger is under the influence of alcohol or drugs and FlyGR8 decides it is necessary to refuse carriage for safety reasons.

2. In case the Carrier refuses to carry a passenger for any of the aforementioned reasons or removes him from the aircraft during a stopover en route, the Carrier disclaims liability for any loss or expenditures incurred because of such refusal or removal. In such case, to the extent admissible under the statutory law, the passenger may also be charged all costs arising from such refusal.

§9. Administrative formalities

  1. It is the sole responsibility of the passenger to obey all regulations, provisions, rules and requirements related to travelling in the country of departure, in countries overflown, and in the country of arrival, as well as the carrier’s regulations and commands.

  2. The Carrier, his employees, representatives and proxies are not obliged to help passengers and third persons acquire information related to obtaining necessary documents (inclusive of visas) or fulfillment of regulations, and they do not answer for consequences the passenger is liable to bear for being misinformed and/or for his lack of such documents (inclusive of visas) or for non-compliance with binding regulations.

  3. The passenger is obliged to pay for his ticket as well as cover other charges related to his journey if, in consequence of being refused to disembark at airport of destination or at point of transit, state authorities command the Carrier to take the passenger back to the state of embarkation, or elsewhere. The tariff price that was received by the carrier for carriage to the point of rejection/deportation is not subject to reimbursement by the carrier.

 

§10. Passenger’s responsibilities and conduct during air carriage

 

  1. Before boarding the plane, when requested the Carrier’s personnel, the passenger is bound to identify himself with his ID and present such documents which make him eligible for carriage.

  2. A passenger is obliged to inform the travel agency and the Carrier through the travel agency about any health problems which could hinder its operation or have a negative impact on the flight, at least 48 hours before the scheduled departure.

  3. The passenger, including his Registered and Unregistered pieces of luggage, is bound to undergo a security check.

  4. The passenger is bound to be present at any customs requested check-up of his Registered and Unregistered pieces of luggage. The Carrier disclaims responsibility to the passenger for any loss or damage when occurred during such check-up, or due to the passenger’s objection to such requirement.

  5. Under international regulations in force, the Passenger may not have in his carry-on luggage any restricted materials, objects and substances (the list of restricted items is specified in Annex I to these General Terms and Conditions) and named in respective laws of a given country. Unless such things are contained in registered luggage, the passenger is bound to give them away to the Carrier or Airport Security personnel before the flight, without the right to recover the items (they are subject to confiscation by authorities).

  6. The passenger is bound to behave with care appropriate for air carriage and pay attention to commands given by the Carrier’s personnel or representatives.

  7. Furthermore, the passenger is bound to:

    1. unconditionally yield to captain’s and flight attendants’ commands and obey commands of personnel as well as the fasten-your-seat-belts illuminate designs,

    2. reseat where told by Carrier’s personnel,

    3. use enough care and refrain from any acts which might bring danger to the safety and progression of the flight. The passenger should not disturb other passengers, interfere with crew members’ jobs or inflict damage on Carrier’s and passengers’ property,

    4. refrain from acts which bring danger to the order and discipline on board the plane; the passenger should especially refrain from over dosing spirits,

    5. respect the ban on smoking, especially in aircraft toilets. Smoking ban also applies to electronic cigarettes.

    6. comply with Carrier’s instructions on using individual electronic devices which might interfere with the aircraft electronics and avionics, all electromagnetic waves emitting devices (e.g. cell phone) whose operation might distort the aircraft’s avionics, its electronic and other systems,

    7. in case of health problem, accept first aid without delay, give the personnel one’s personal details (with tips about health condition) and next undergo a medical examination,

    8. reimburse the Carrier for any costs incurred as a result of loss and/or damage which the Passenger caused through his actions or because of illegal transport of dangerous goods and animals,etc.,

    9. comply with the complete ban on drinking spirits brought on board in carry-on luggage. In justified cases, the captain is entitled to ask the passenger to show his ID and to confiscate the alcohol belonging to the passenger. 

  8. Use of still and video cameras or any other electronic device that can record or take photographs and photographing or video recording of airline personnel, equipment or procedures is prohibited.

  9. Use of hearing aids and cardiac pacers is allowed.

  10. When needed, the Carrier instructs passengers of safety requirements, order on board, and consequences of violations.

  11. If the Carries assesses that a passenger’s behavior poses threat to the aircraft, any person or property on board, that the passenger hampers on board activities of the crew, does not obey restrictions and bans on smoking, drinking and taking intoxicants, or whose behavior evokes passenger objections, the Carrier may take such measures which he considers necessary in order to contain the unruly passenger, including physical force or restriction, disembarkation, and refusal to fly him in the future.

  12. For flight safety and order aboard, the aircraft commander has been empowered to give commands to all persons on board and everybody is bound to execute such commands.

  13. The Carrier reserves the right to make claims for damages to passengers who harmed another passenger and/or the Carrier.

§11. Carrier’s responsibilities during air carriage

 

  1. FlyGR8 has a duty to ensure that all passengers know the whereabouts of and how to use:

    • seat belts,

    • emergency exits and objects destined for common use,

    • life jackets and oxygen masks, if provided under regulations of passenger carriage,

    • other emergency equipment designed for use by individuals.

  2. The passenger must be informed by FlyGR8 about what is forbidden on board aplane (Annexes I & II to the present).

  3. When necessary, FlyGR8 shall instruct passengers on conduct in emergencies.

  4. FlyGR8 must provide passengers with the possibility to use seat belts during take- off, landing, turbulence and whenever commanded by the aircraft commander.

  5. FlyGR8 shall instruct passengers how to stow their luggage and personal belongings in the aircraft.

  6. FlyGR8 admits a situation where another type of aircraft or another carrier’s aircraft may perform the flight, different from those given in the time-table.

  7. FlyGR8 reserves the right to perform additional, unplanned interruptions during the flight, which will be designated to indispensable technical stopover or caused by extra ordinary circumstances.

§12. Special care passengers

 

  1. Disabled passengers and passengers with reduced mobility means any person whose mobility is reduced due to physical disability, sensory or locomotory, permanent or temporary, intellectual disability or impairment, age or any other cause of disability, and whose situation needs appropriate attention and the adaptation of services available to all passengers to their particular needs .

  2. Passengers with special needs - the disabled, passengers with reduced mobility, unaccompanied minors, pregnant women etc. - who need special help and care - are obliged to inform Charterer and Carrier about that fact at the time of booking.

  3. Passengers requiring medical clearance for air travel shall be accompanied by private escorts and booking requests should be made at least 5 working days before departure.

  4. FlyGR8 must not refuse bookings and/or refuse to accept on board disabled persons or persons with reduced mobility, when such persons have a valid ticket and reservation. Exceptions to the rule are situations when refusal is necessary for safety reasons and should the aircraft door be too narrow to carry such person through. (In accordance ).

  5. The Carrier ensures that flight attendants will look after special care passengers during the flight,to the extent provided for in Annex II to A special care passenger shall not necessarily be accompanied by a private escort, except when the passenger is not able to:

    1. Fasten his seat belt by himself;

    2. Eat by himself;

    3. Help himself in the toilet.

  6. General rules for the carriage of passengers requiring special care:

    • Safety rules dictate that passengers who need special care may not take seats near emergency exits (in the case of Boeing 737-400 aircraft these are seats: 1ABCDEF, 13BCDE, 14BCDE, 29ABCDEF (the digit means the row number)),

    • Before boarding an aircraft, disabled passengers are subject to security control. Disabled passengers are requested to check in for the flight not later than 120 minutes (2 hours). Disabled passengers, including their mobility aids/devices, must undergo a security check.

    • Passengers’ own wheelchairs may be carried in a cargo hold free of charge. Battery-powered electric wheelchairs are not allowed on board when they are equipped with lead-acid batteries. The Carrier allows up to 4 unaccompanied wheeled passengers in any single flight. The Carrier can approve carriage of bigger groups of wheeled passengers, provided this is pre-arranged in advance.

    • The Carrier allows for the carriage of certified guide dogs with their masters, in the passenger cabin, provided that the dog meets the requirements stipulated in Clause 16, section 11.

    • Information about the equipment of the aircraft is specified in Clause 4 of these General Terms and Conditions of carriage.

  7. Expectant mothers can travel on FlyGR8 flights under the following conditions:

    • Women up to the 32nd week of pregnancy and without any complications, can travel with the consent of the attending physician without the necessity to have a certificate. Nevertheless, we recommend that such a certificate (in the mother tongue and in English) should be held by women after the 28th week of pregnancy, stating that there are no complications in pregnancy course and no contraindications for air travel.

    • Women with single pregnancy between the 32nd and 36th week can only travel if a doctor has provided a special MEDIF form in their mother tongue and in English. An example form can be found on the Carrier's Website.

    • For safety reasons, women with single pregnancy over 36 weeks and 32 weeks of multiple pregnancy will not be allowed to travel on FLYGR8 flights;

  8. (Persons with allergies) Without prejudice to the provisions of §20 section 6 of the General Conditions of Carriage (GTCC), passengers suffering from severe allergies, which may lead to anaphylactic reaction, are required to report allergy information the manner specified in section 2 of this §12 but no later than 5 working days before the time of departure and provide a certificate stating that there are no contraindications to travel, showed on MEDIF form in the mother tongue and in English (the form is available on the Carrier's Website). If, for any reason, FlyGR8 is unable to provide an allergen-free environment to the person referred to in the preceding sentence,the carrier has the right to refuse to take such person on board the aircraft. Passengers with severe allergies who are under 16 years of age cannot travel unattended. Flygr8 will not accept any liability from carriage of passengers with pre-existing medical conditions, including allergies, without prior notification and approval for carriage from the Company.

  9. Passengers with allergies are advised to carry easily accessible on-the-fly medication or other allergy protection means and a written emergency plan in their Cabin Luggage.

  10. In the cases referred to in this Clause 12, FlyGR8 has the right to ask the passenger to present a relevant medical certificate in the form provided by the carrier.

  11. Without prejudice to paragraph 10 above, doctor’s consent is required for the following categories of persons:

    • passengers suffering from any disease considered contagious and infectious;

    • passengers requiring medical care, extra oxygen for breathing (only if manufacturer states that the oxygen apparatus is cabin approved) and other specialized (medical) equipment during the flight,

    • women over 32 weeks of pregnancy,

    • passengers whose behavior or mental condition prevents their travel without additional care,

    • passengers whose health or behavior poses potential threat or discomfort to other passengers,

    • passengers identified as posing a potential threat to the safety or punctuality of the flight, including due to the possibility of redirecting the flight or other unplanned landing;

    • passengers whose health condition could be aggravated by airtravel,

    • passengers with stiffened limbs,

    • newborns up to 7 days of age,

    • FlyGR8 does not carry passengers on stretcher.

    • FlyGR8 reserves the right to refuse carriage of a passenger even if they present a valid medical certificate (MEDIF) if this is required for safety reasons, particularly in the cases specified in Clause 8 of these General Terms and Conditions.

§13. Carriage of infants and children

 

  1. Infants who are under the age of two on the day of departure, travel free of charge, provided they travel on the lap of an adult person.

  2. If an adult is travelling with more than one infant under the age of two years, but not younger than six months, one infant may sit on the accompanying adult's lap and the other infant shall occupy a separate seat and be seated in an approved car-type safety seat. An adult with two or more infants aged six months or less cannot be accepted for travel without a pre-booked dedicated female crew member (Crew Escort) flying for that purpose only and for whom the passenger has purchased a separate ticket, covering both the booked trip and the escort’s return flight (see Annex III, Table of charges); in this case the Carrier must be notified upon booking. Each infant is entitled to 5 kg of hand luggage free of charge and a folding baby stroller transported in the luggage compartment. The stroller must be registered at the check-in point, where an individual luggage number (tag) is assigned and attached.

  3. A maximum of 12 Infants may be carried on board at any one time. This restriction is dictated by safety considerations.

  4. An infant has no seat on the plane and can therefore travel:

  • on the lap of an adult (guardian),or

  • in a seat adapted for the carriage of infants, subject to paragraph 5 below.

  5. (Infant's seat) FlyGR8 does not provide chairs (cradles) intended for the carriage of infants, which are to be   provided by the passenger. child's caregiver is responsible for the installation of the child seat on the passenger seat. The use of the child seat is only possible if:

  • the passenger has purchased a separate seat where the child car-type safety seat can be placed,

  • the seat has a certificate of airworthiness for use in air transport (described on the seat)

  • the child seat does not exceed the dimensions of the aircraft seat,

  • the seat is equipped with the appropriate bolt, enabling its secure attachment to the passenger seat using the passenger's seat belt (aircraft seats do not have the ISOFIX system).

The Passenger acknowledges that for safety reasons, the allocation of seats when a car-type safety seat is used is subject to the following restrictions:

  • the seat next to the car-type safety seat must be occupied by a person who is responsible for the child,

  • car-type safety seats can only be placed on the seats the window (seats A orF),

  • a car-type safety seat cannot be in the emergency row nor directly in front of or behind this row (in the case of Boeing 737-400 aircraft, these are seats: 1ABCDEF, 13BCDE, 14BCDE, 29ABCDEF (the digit means the row number)),

If the child seat is not suitable for air transport, in particular if it does not have the appropriate marking (certificate) or its dimensions or specifications make it impossible to securely attach to the passenger seat, it will be moved to the main luggage compartment. Information regarding the carriage of infants and children, including car-type safety seat is also available on the Carrier's Website.

 6. Infants and passengers under 16 are not allowed to travel alone. Care must be taken by an adult who is over 18 years of age.

7. Unaccompanied Minors: Children who have reached their 5th but not their 12th birthday can be accepted to travel alone, without an accompanying adult, under the care of the Carrier, for an additional fee, as indicated in Annex III (additionally, children between the ages of 12 and 17 may also be accepted as Unaccompanied Minors, if requested and at an additional fee). Conditions for acceptance of Unaccompanied Minors are:

  • Child must carry valid travel documents;

  • The form "Handling Advice for Minors" must be correctly completed and signed, in accordance with national law, by the parents or guardians of the child, indicating the name, surname, contact details and the identity document of the person who will be picking up the child on arrival. The form can be obtained directly at the check-in counters.

Accompanying adults at both departure and arrival will be required to produce proof of identity.

FlyGR8 also accepts Unaccompanied Minors that fall under the Special Care Passengers category, as laid down in Clause 12 paragraph 1 of these GTCC, provided the booking is made well in advance, since the child must be escorted by an additional, dedicated female crew member (UM ESCORT) flying for that purpose only. However, a very young age or the degree of disability may result in Carrier’s refusal of transportation as an Unaccompanied Minor.

The child shall become Flygr8’s full responsibility from the moment he is handed over by the parents/responsible person at departure, till the moment he is handed back upon arrival to the parents/responsible or designated person.

Please note that the parent/guardian escorting the child at check-in, is requested to remain at the airport until the flight is airborne, in case of unforeseen flight delay or cancellation.

FlyGR8 informs you that a child's travel abroad is treated in most countries, including Greece, as an activity requiring the consent of both parents who are entitled to parental responsibility. In accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council of 9th March 2016 on the provisions of the EU Code governing the movement of persons across borders (the Schengen Borders Code), in case of minors travelling alone, the border guards assure, by means of detailed checks of travel and supporting documents, that the minors could not leave the territory of the state against the will of the person who holds parental care over them. In some countries, the child's independent travel may need to meet other formal requirements resulting from the provisions of national legislation. In this situation, it is the responsibility of the parents/guardians to ensure that the child has the appropriate documents required by national law, valid on the day of departure.

8. Travel of minors under the assistance of the Carrier requires prior agreement with FlyGR8. Due to restrictions regarding the number of unaccompanied minors accepted per flight, for operational or legal reasons, the Carrier reserves the right not to offer said services on certain flights or to limit the number of seats offered.

§14. Cabin luggage

 

  1. The passenger may carry on board 1 piece of cabin luggage free of charge. The weight of such Cabin luggage must not exceed the 10kg limit and the total dimensions of 115cm (sum of length, height and width) per passenger (excluding infants). The Carrier has the right to check the weight and dimensions of such luggage.

  2. The limits on Hand luggage, mentioned in this Clause 14 par. 1, do not include the following objects for personal use, indispensable during the travel, provided they are in good care of the passenger:

  • One small bag of duty free items (average size);

  • One coat, cape or blanket;

  • One umbrella or walking stick;

  • One small camera or binoculars;

  • Reading material for the flight;

  • Baby food for consumption on board;

  • An umbrella or a walking stick;

  • A fully collapsible wheelchair (in cargo hold);

  • A photographic camera or a video camera or a pair of binoculars or a laptop computer;

  • A cradle or bassinet or child car seat;

  • Crutches or other medical equipment provided the passenger is dependent upon them.

  3. Within the framework of Cabin Luggage, the Carrier may allow aboard other objects, provided their size permits stowage in the aircraft cabin and they are neutral to flight safety and passengers comfort.

  4. When there is insufficient room for passenger’s Cabin luggage in the cabin, the Carrier may ask passengers to hand these over for stowing in a cargo hold, notwithstanding its measurements being within the Carrier’s established dimensions. such case, the passenger should empty the luggage from valuable items, documents and electronic devices. The luggage will then become Registered Luggage and fall under relevant provisions of these Terms of Carriage.

  5. A list of items that Passenger’s Cabin luggage may not contain, as well as items that may not be brought by passengers into security restricted areas or on board an aircraft is included in Annex I to these Terms.

  6. Detailed rules for the control of Cabin Luggage, including the transport of liquids, are set out in the Annex to . Information on the transportation of liquids, aerosols and gels in the cabin baggage are also available on the following website https://europa.eu, under EUROPA> Your  Europe> Citizens> Travel> Carry> Luggage Restrictions.

§15. Registered luggage

 

  1. The passenger is entitled to carry Registered Luggage provided that:

    • the Registered Luggage, stowed in cargo holds, is contained in suitcases or in other proper packaging, assuring safe carriage.

    • the Registered Luggage should be marked with a name label, initials, or some other individual mark to facilitate its identification by the Passenger.

    • The number and weight of the Registered Luggage which each passenger is entitled to free of charge is 01 baggage at a maximum 20 kg and its size must not exceed the total dimensions of 158 cm (sum of length, height and width). the luggage weight exceeds 20 kg, an additional fee is to be paid for each kilogram of excess luggage, the amount of which is specified in the Table of additional charges (Annex III to these GTCC). The maximum weight of a piece of luggage cannot exceed 32 kg.

    • Any luggage with dimensions greater than the aforesaid shall be considered as additional. The Carrier may accept such oversized luggage for conveyance only after the Carrier’s tariff surcharge has been paid (Annex III to these Terms).

    • All information on the rates for extra baggage transportation and procedures to be met is available from Charterer or Carrier. The Carrier has the right to refuse carriage of additional baggage not meeting the conditions specified by the Carrier.

    • The Carrier is not bound to convey any additional luggage; such service goes beyond any contractual obligation. However, the Carrier will do his best, technical conditions and aircraft’s capacity permitting, to take the passenger’s additional luggage on board.

    • The Carrier’s consent to carry additional luggage is given on a case to case basis and   subject to aircraft’s capacity.

  2. Registered Luggage is carried in the same aircraft as the Passenger whom it is assigned to, unless the Carrier finds this unfeasible due to shortage of space or fear of overload. In such case, the Carrier shall carry the Registered Luggage in the first possible flight with available space, unless otherwise provided. In this situation the carrier shall make every effort to deliver such luggage promptly to the passenger, unless under applicable law, the passenger must be present for customs clearance.

  3. Lists of prohibited articles and Dangerous Goods not authorized for carriage are available in Annexes I and II to these Terms.

  4. The following items should not be included in passengers’ Registered Luggage and should be carried with them at all times:

  • banknotes and securities;

  • jewelry, noble and precious metals, precious and semi-precious gemstones;

  • computers, photographic cameras, video cameras, cell phones, other electronic or engineering devices and their accessories, optical instruments and fragile items;

  • negotiable papers, deeds and any kind of document, commercial or private;

  • travel documents or other IDs;

  • keys and spanners;

  • works of art/valuable artistic objects;

  • any other valuable or fragile items.

  5. Should a passenger’s Registered Luggage contain any of the objects listed above, the Carrier disclaims liability for any loss, destruction, delay or damage to such objects.

  6. Should the value of the Registered luggage be above the limits of liabilities set in the Convention & relevant regulations, the passenger must insure the luggage on his own

and shall inform the Carrier of such fact, when checking in at the latest. The Carrier reserves the right to refuse acceptance of such luggage as Registered without passenger’s proof of private insurance.

  7. The Carrier reserves the right to refuse acceptance, as Registered, of any luggage packed unsuitably and in a way that does not guarantee safe conveyance notwithstanding usual handling with care.

  8. Delicate objects, especially prone to wear and damage if transported in a cargo hold as Registered Luggage, like some musical instruments or paintings, and which are not on the banned-for-transportation list of objects and materials, may be carried as Hand Luggage after they have been reported to and accepted by the Carrier. Carriage of such objects as Hand Luggage may involve an extra charge to be paid by the passenger.

  9. Within the weight limit of Registered Luggage, collapsible prams are carried free of charge for infants under the age of two years. For children above two years of age, the pram is transported as a part of Registered Luggage and its weight is included in the weight of Registered Luggage.

 10. Fully collapsible wheelchairs, stow able in a cargo hold, are carried as Registered Luggage. A passenger's own wheelchair (incl. battery-drive, where permitted) will be carried as Registered Luggage in the aircraft cargo compartment free of charge (i.e. over and above the passenger’s free baggage allowance), provided the precautions prescribed in Annexes I and II to these Terms are observed.

 11. Baggage containing sports equipment (such as windsurfing or boogie board, golf equipment, skiing equipment, kite surfing equipment, scuba diving equipment, bicycles and others) is accepted for carriage, subject to the payment of additional fees (Annex III to these Terms) and the appropriate packaging to prevent damage. The Carrier must be informed at least 48 hours prior to standard time of departure when such items’ size exceeds 158 linear cm. The passenger will be asked to sign a Limited Release Form when they check in, agreeing that the sporting equipment is being carried entirely at his/her own risk.

 12. Musical Instruments may be permitted as registered or cabin luggage, subject to the payment of additional fees (Annex III to these Terms), provided they are carried in a secure hard case and information on carriage of such items is available at least 5 working days prior to the scheduled departure of the flight. The following rules and conditions apply:

  • When a stringed instrument is transported by air, it is exposed to dramatic changes in temperature and pressure, which can cause its head stock to crack or snap off. To prevent possible damage, it is the passenger’s responsibility to ensure that the strings are loosened so that the tension is reduced.

  • If the musical instrument is carried as registered luggage, the passenger will be asked to sign a Limited Release Form when they check in, agreeing that the musical instrument is being carried entirely at his/her own risk.

  • If the passenger wishes to take the instrument with them into the cabin of the aircraft, it will be counted as hand baggage. Its dimensions must not exceed 56 cm in length x 45 cm in height x 25 cm in width, and it must not weigh more than 8 kg. If the musical instrument exceeds these limits and the passenger wishes to carry it with them in the cabin, a pre-booked extra seat must exist on the same booking. The charges for the extra seat are paid at the airport of departure during check-in and no taxes are charged (Annex III to these Terms).

§16. Transport of animals

 

  1. The transportation of animals in cabin and/or in cargo hold is subject to governmental regulations concerning import/export and transit of live animals. The passenger shall assume the responsibility to provide all necessary documents, such as pet passport, ID microchip, export / import permits and health and/or vaccination certificates. Flygr8 cannot be held responsible if an animal is refused entry into or transit through any country.

  2. The Carrier must be notified of any passenger’s Pets/Animals in advance, preferably on the same day as booking. The Carrier reserves the right to refuse carriage of any Pets/Animals for which prior notification was not given.

  3. The animal shall be accompanied by their owner and the following conditions shall be met:

 

  • The animal shall be clean, healthy, odourless and harmless;

  • Females may not be pregnant;

  • Be booked in advance.

 

  4. Unaccompanied animals, domestic animals of unusual size or nature and wild animals shall not be transported.

  5. Specific conditions of carriage of animals may be laid down by national regulations of arrival or transit places.

  6. Animals accompanying passengers, transported for non-commercial purposes from third countries into the European Union will have to meet the import requirements described in Chapter III, Section I of the

the Council No 576/2003 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003. Failure to meet these requirements means refusal of carriage. Carriage of animals can also be subject to other limitations which may but need not take place and relevant information is obtainable from the Charterer or the Carrier

  7. Pets in Cabin: Only dogs and cats may be permitted for carriage in the cabin, under the following conditions and at a service charge (Annex III to these Terms) per sector flown:

  • The pet must be in a suitable, soft-sided, leak-proof, lockable cage, with dimensions not larger than 55cm in length, 40cm in height and 23cm in width to fit the space under the seat. The passenger must always keep the container on the aircraft floor and ensure the pet is kept in its container throughout the entire flight. The Passenger is entirely responsible to provide the appropriate cage for transporting the animal;

  • The pet must be accompanied by his owner and be minimum 105 days old to be accepted for transportation;

  • The container plus the pet must not weigh more than 8kg;

  • If passenger is travelling with an infant, they are not allowed to travel with a pet in cabin as well.

Pets which do not meet the aforementioned requirements for transportation in the           cabin, shall be refused carriage.

  8. Animals in aircraft hold: FlyGR8 accepts larger animals, exceeding the 8kg weight limit, for transportation in the baggage hold compartment of the aircraft, as Registered Luggage, at a service charge (Annex III to these Terms) per sector flown.

a. The following acceptance conditions apply:

  • Animal shall be carried in a suitable container, provided by the passenger, during the whole flight; the container must meet the following requirements:

  • The total weight of the animal along with its container should not exceed fifty (50) kilos.

  • The container should be large enough for the animal to stand upright, turn and lie down in a natural manner.

  • It should be clean, odourless, leak-proof, escape-proof (door lock) and claw-proof.

  • The owner should ensure that the animal has enough food and water for the duration of the flight.

  • Food and drink containers must be covered, to avoid spills.

  • The container must fit for air transportation and handling (feeding, watering, cleaning).

  • It should be adequately ventilated on at least 3 sides.

  • The owner should remove any wheels, for the container to be properly secured in the aircraft hold.

b. Only warm-blooded mammals and birds considered to be personal pets or show/exhibition animals are permitted for carriage.

c. Primates, including lemurs, monkeys, orangutans, gorillas and chimpanzees will not be permitted;

d. Animals must be considered non-offensive and not dangerous to passengers and airport staff.

e. All other animals, including reptiles and animals intended for laboratory and scientific purposes shall not be accepted.

  9. The Carrier disclaims liability for bodily harm, loss, delayed release, illness or death of an animal when the animal was refused entry onto the territory of the state of destination or transit.

  10. Service Animals: Guide/assistance dogs are carried by air free of charge. Passengers travelling with a guide/assistance dog shall carry a valid Pets Passport or third country official veterinary certificate (plus required medical documentation) on all EU/EEA flights. The following acceptance conditions apply:

  • A guide/assistance dog must be trained to perform tasks for the benefit of an individual with a disability (physical, sensory or psychiatric) and passenger must provide certificate of training course and required documentation;

  • The guide/assistance dog shall wear a leash, muzzle and standard identifying jacket or harness throughout the journey;

  • Guide/assistance dogs travel in the aircraft cabin and must sit on the floor at the passenger's feet.

Immediately after booking, the passenger must inform the Charterer and the Carrier of his intention to travel with a guide/assistance dog and arrive at the airport to check-in 2 hours before the scheduled departure time.

  11. The Carrier reserves the right to limit the number of animals in a single flight.

§17. Objects excluded and/or restricted from air carriage

  1. Passengers are not permitted to carry the following articles into the security restricted area and the cabin of an aircraft:

  • guns, firearms & weapons, or any object capable, or appearing capable, of discharging a projectile or causing injury, including:

  • all firearms (pistols, revolvers, rifles, shotguns etc.);

  • replica and imitation firearms;

  • component parts of firearms, (excluding telescopic sighting devices & sights);

  • air pistols, rifles and pellet guns;

  • signal flare pistols;

  • starter pistols;

  • toy guns of all types;

  • ball bearing guns;

  • industrial bolt and nail guns;

  • cross bows;

  • harpoon & spear guns;

  • animal humane killers; or

  • stun or shocking devices g. cattle prods, ballistic conducted energy weapons (taser);

  • lighters shaped like a firearm;

  • pointed/edged weapons & sharp objects, or pointed or bladed articles capable of causing injury, including:

  • axes & hatchels;

  • arrows & darts;

  • harpoons & spears;

  • ice axes & ice picks;

  • ice skates;

  • lockable or flick knives with blades of any length;

  • knives, including ceremonial knives, with blades of more than 6 cm, made of metal on any other material among enough to be used as a potential weapon;

  • meat cleavers;

  • open razors and blades (excluding safety or disposable razors with blades enclosed in cartridge);

  • sabers, swords & swordsticks;

  • scissors with blades more than 6cm in length;

  • ski and walking/ hiking poles;

  • throwing stars (shuriken); or

  • tradesman's tools that have the potential to be used as a pointed or edged weapon g. drills and drill bits, box cutters, utility knives, all saws, screwdrivers, crowbars, hammers, pliers, wrenches/spanners, blow torches;

  • blunt instruments, or any blunt instrument capable of causing injury, including:

  • baseball and softball bats;

  • clubs or batons rigid or flexible e.g. billy clubs, blackjacks, night sticks & batons;

  • cricket bats;

  • golf clubs;

  • hockey sticks;

  • lacrosse sticks;

  • kayak and canoe paddles;

  • billiard, snooker and pool cues;

  • fishing rods; or

  • martial arts equipment g. knuckle dusters, clubs, coaches, ice flails, nunchucks, kubatons, kubasaunts;

  • explosives and flammable substances, or any explosive or highly combustible substances which pose a risk to the health of Passengers and crew or the security /safety of aircraft or property, including:

  • blasting caps;

  • detonators & fuses;

  • explosives and explosive devices;

  • replica or imitation explosive military stores;

  • grenades of all types;

  • gas & gas containers e.g. butane, propane, acetylene, oxygen in large volume;

  • fireworks, flares in any form and other pyrotechnics (including party poppers and toy caps);

  • non safety matches;

  • smoke generating canisters or cartridges;

  • flammable liquid fuel e.g. petrol/gasoline, diesel, lighter fuid, alcohol, ethanol;

  • aerosol spray paint;

  • turpentine & paint thinner; or

  • alcoholic beverages exceeding 70% by volume (140 proof); packages containing up to 5 litres of alcoholic beverages with an alcohol content of between 24%-70% are, however, permitted.

  • chemical and toxic substances; or any chemical or toxic substances which pose a risk to the health of Passengers and crew or the security / safety of aircraft or property, including:

  • acids and alkalis e.g. spoilable wet batteries;

  • corrosive or bleaching substances- g. mercury, chlorine;

  • disabling or incapacitating sprays- g. mace, pepper spray, tear gas;

  • radioactive material- g. medicinal or commercial isotopes;

  • infectious or biological hazardous material- g. infected blood, bacteria and virus;

  • material capable of spontaneous ignition or combustion; or

  • fire extinguishers;

  • the following articles shall not be placed in Checked Baggage:

  • explosives, including detonators, flares, grenades, mines and explosives;

  • gases including for example propane, butane;

  • flammable liquids, including gasoline, methanol;

  • flammable solids and reactive substances, including magnesium, firelights, fireworks, flares;

  • oxidizers and organic peroxides, including bleach, car body repair kits;

  • toxic or infectious substances, including rat poison, infected blood;

  • radioactive material, including medicinal or commercial isotopes;

  • corrosives, including mercury, vehicle batteries; or

  • vehicle fuel system components which have contained fuel;

  2. If a passenger attempts to bring on board any of the above mentioned objects, the Carrier may refuse it either at boarding or, if uncovered in flight, refuse to carry it further.

  3.A list of dangerous goods authorized for carriage in passenger baggage based on IATA Dangerous Goods Regulations is available in Annex II.

  4. Electronic cigarettes (e-cigarettes) contain a battery and a heating element that vaporizes a liquid vapor to simulate tobacco smoking: Several incidents were reported to the International Civil Aviation Organization (ICAO) involving e-cigarettes overheating resulting in a fire in checked baggage. For this reason, these devices can only be carried in the cabin, and it is forbidden to recharge them while on board the aircraft.

  5. In case an object(s) forbidden from air carriage or not conforming to these Terms is uncovered, its carriage will fall under applicable charges. Additionally, such object will be subject to refusal and restrictions in respect to liabilities and to other provisions of these Terms of Carriage of luggage. The Carrier may seize the objects which he deems dangerous from the passenger and carry them in his care.

§18. Reception of luggage

 

  1. Passengers are required to collect their baggage as soon as it is delivered to the final destination indicated on the baggage identification tag.

  2. If the luggage is not collected within a reasonable time, the carrier may charge passenger for safekeeping. Any luggage remaining unclaimed for more than 3 months after its delivery at final destination will be released from liability to the passenger and handled in accordance with Carrier’s procedures.

  3. The person entitled to collect the baggage is the person who can present evidence in the form of luggage tags (voucher section attached to the boarding card) consistent with the baggage identification tag of the incoming luggage. Carrier is not obliged to verify that the holder of the voucher section of the baggage tag is authorized to collect the baggage. Failure to present the baggage identification tag shall not prevent delivery of the luggage, provided that altogether ticket and baggage can be identified by other means.

  4. If the person collecting the baggage cannot provide Ticket or baggage tag, Carrier may release the luggage to such a person, on the condition that he will present evidence of the right to the luggage, satisfying to air carrier and, at the request of the air carrier, will provide sufficient proof to release carrier from any liability (damage or expense claims) that might arise as a result of such release.

 

§19. The right of search

 

Except as otherwise required under applicable laws, for reasons of safety and security, the Carrier may request the Passenger to permit a search to be made of their person and their Baggage, and may search or have searched the Passenger's Baggage in their absence if the Passenger is not available, for the purpose of determining whether they are in possession of or whether their Baggage contains any item described in Clause 17 above or any arms or munitions which have not been presented to the Carrier. If the Passenger is unwilling to comply with such request the Carrier may refuse to carry the Passenger or Baggage.

§20. Air Carrier’s liability

  1. The Carrier disclaims liability for any damage resulting from failure to perform a contract, or from negligent performance.

  2. Air carriage, performed under these Terms and Conditions, is subject to rules and limitations in carriers’ responsibility laid down in the Convention, provided that the carriage is an „international carriage” in the meaning of the Convention. To the extent that provisions of the Convention do not apply, such responsibility determined by laws of specific states, Greek laws in this respect and the laws of other EU states, in compliance with the Convention.

  3. In cases where loss or damage was, partly or wholly, caused by the person harmed, the Carrier may shrink from responsibility in full or in part under binding laws.

  4. The Carrier answers for personal harm suffered by the passenger (death, bodily harm, health disorder), according to principles laid down in the laws which provide for limitations to the Carrier’s responsibilities.

  5. The Carrier’s responsibility is limited solely to damage occurred in his own flight or in flight bearing his Code. Issuing a boarding pass or registering luggage for another carrier’s flight, the Carrier acts merely as an agent of such carrier.

  6. If doubts are raised as to the health condition of the passenger, the Carrier may require to be shown a relevant health certificate, or have the passenger examined by a doctor at the airport (before departure).

  7. The Carrier disclaims liability arising from his observance of binding laws and regulations of administrative organs, or for damage arising from passengers’ failure to observe such laws and regulations.

  8. The liability of the carrier cannot exceed the proven value of the damage.

  9. If this does not stem from the provisions of the Convention or other applicable laws, the Carrier is not liable for lost profits, indirect or consequential damages.

§21. Liability for harm inflicted on the passenger

  1.  There are no financial limits to the liability for proven damages sustained in the event of Passenger injury or death caused by an accident on board the aircraft or during embarking or disembarking.

  2. For any damages up to and including 113,100 SDRs (exchange rate approximately EUR 131,083*) the Carrier shall not exclude or limit its liability.

  3. The Carrier shall not be liable for damages to the extent that they exceed 113,100 SDRs (exchange rate approximately EUR 131,083*) if the Carrier proves that:

  • such Damage was not due to the negligence or other wrongful act or omission of the Carrier or its employees or agents; or

  • such Damage was solely due to the negligence or other wrongful act or omission of a third party.

  4. Irrespective of regulations, if the Carrier proves that the damage was caused by the dead or injured passenger, or that said passenger contributed to the damage, the Carrier may be exempt from part or all of liability, in accordance with pertinent legalprovisions.

  5. If a Passenger is killed or injured, the Carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (exchange rate approximately EUR 18,544*). An advance payment does not constitute recognition of liability and may be offset against any subsequent sums that are paid.

  6. The advance payment does not stand for acceptance of liability, ergo, it can be credited to all next sums paid in respect to Carrier’s liability, however, it is returnable except for specific cases and circumstances when it becomes proven that the recipient did cause or contribute to a loss through his own fault or had no right to compensation.

 

1.§22. Liability for loss, pilferage, damage or delayed delivery of luggage (Refer also to Clause 24, Claims)

 

  1. FlyGR8 is responsible for damage, loss or pilferage of checked baggage in case the FlyGR8 is responsible for damage, loss or pilferage of checked baggage in case the situation occurred on board the aircraft, or during the time the baggage is under the care of the carrier. The liability of FlyGR8 is specified in General Condition of Carriage, Warsaw Convention for the Unification of Certain Rules Relating To International Carriage by Air, signed in Warsaw on 12 October 1929, Montreal Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999, Regulation (EC) No 261/2004 of the European Parliament and the Council of 11 February 2004 which establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 and other legal requirements.

  2. The liability for loss, delay, damage or pilferage of luggage is limited to the amount prescribed in the Convention. case of delay in delivery of the baggage for more than 24 hours, the carrier may reimburse the purchase of reasonable first need items (such as toiletries, underwear and if necessary, a change of clothing) to the amount of EUR30 per delayed luggage, per day.

  3. In case of Baggage delay, the Carrier is liable for Damage, unless it took all reasonable measures to avoid the Damage or it was impossible to take such measures. When the carriage is subject to the provisions of the Montreal Convention, the liability is limited to the sum of 1131 SDRs per passenger for Registered and Cabin luggage, except in case of acts or omissions made with the intention of causing injury or recklessly and with knowledge that Damage would probably result. The limitation of liability referred to above is the upper limit of liability of the carrier, which means that under these limitations the passenger bears burden of proof for the occurrence and the amount of damage suffered. In the absence of proof of damage, the passenger is entitled to compensation based on the principles of life experience.

  4. Unless the weight of luggage was determined, it is assumed that its weight is not greater than the weight limits applied to carriage of luggage which is carried free of charge.

  5. The Carrier may free himself from liability to the passenger for the loss or damage to luggage through showing that he is not responsible for the damage:

  • FlyGR8 is not liable for damage sustained in case of destruction, loss or damage to checked baggage, in which the damage resulted from the natural characteristics, quality, defects of the baggage or inadequate protection by the Passenger.

  • FlyGR8 is not liable for minor damage to the outer surface of the luggage (abrasions, scratches, dirt, stains, dents, broken wheels or handles etc.) that result from normal use of the baggage, and for any damage caused by overloading the baggage.

  • FlyGR8 is not responsible, if and in so far as the destruction, loss or damage was caused by the actions of public authorities carried out in connection with travel, entry or transit of the baggage.

  • FlyGR8 is not liable if the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom it obtained its rights – to the extent that such negligence or wrongful act or omission caused or contributed the damage.

  • In case of Cabin Baggage (including personal items) FlyGR8 is liable only if the damage resulted from a mistake or fault of the carrier’s employees.

  • The carrier is not responsible for losses, damages or other expenses incurred in connection with the receipt of luggage by an unauthorized person, including the luggage mistakenly being picked up by another passenger. A person who mistakenly receives a baggage of another passenger will cover any cost incurred by the necessity of delivering the baggage.

  6. If after the passenger’s arrival at destination it is discovered that his luggage did not arrive on the same flight, the passenger should immediately report the missing baggage to the baggage office, and the Carrier or a ground handling agent acting in his stead shall write a relevant report and initiate the search procedure aimed at locating the luggage.

  7. If the loss of luggage is an aftermath of circumstances which the Carrier is not responsible for, the Carrier or the ground handling agent shall notify the passenger of reclaiming the luggage at the airport. The passenger should pick up the luggage within 5 working days from notification. After that time, the passenger will be charged the cost of storage. At the passenger’s request and within his means, the Carrier may send the luggage over to an airport other than the port of destination.

  8. The Carrier advises that in case the passenger reclaims his luggage at a time other than directly after arrival, the passenger should check the luggage for missing items and damage and immediately file a claim if so should happen.

  9. In the unlike event that the Local Airport Lost and Found department is not able to locate the delayed baggage within five days, passenger will be asked to file a claim by completing a Baggage Declaration Form. This Form will be used to further trace the missing baggage. For this reason, it is important the passenger includes a full description of their baggage and a detailed list of its contents.

  10. Luggage not found within 45 days of filing a complaint is considered missing. The liability of the Carrier for lost baggage is governed by the provisions of the above mentioned legal acts, these Terms and the relevant provisions of the Convention and Greek law.

  11. The Carrier may release himself from liability to the Passenger for the loss or damage of baggage, by demonstrating that he is not responsible for this, unless the provisions of the applicable law, in particular the provisions of the Convention, provide οtherwise.

§23. Irregularities

 

  1. The Carrier will make every effort to carry the Passenger and his luggage without delay in accordance to the current time-table, however in cases of extraordinary circumstances beyond the Carrier’s control, the carriage may be impeded, delayed or cancelled.

  2. Should the flight deviate from its schedule, the Carrier is bound to inform the passenger about his rights, inclusive of the right to compensation and other privileges. In case of flight cancellation due to causes beyond the Carrier’s control (force majeure), the Carrier will be exempt from the obligation to pay compensation.

  3. Should FlyGR8 foresee any change to the departure or arrival time, FlyGR8 is obliged to inform the passengers through the Charterer or respective ground handling agent.

  4. The rights of passengers due to overbooking, as laid down in REGULATION (EC) No 261 2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 February 2004:

   4.1If a passenger is refused boarding although:

  • Holds valid ticket and other travel documents;

  • Has confirmed booking for the given flight;

  • meets carriage terms,

and assuming he arrives at the check-in desk within the time stipulated by FlyGR8 or not later than 45 minutes before scheduled departure, FlyGR8, through their ground handling agent, will:

  • At check-in opening, search for passengers who are voluntarily willing to resign their booking, if needed, in exchange for alternative routing to their destination. Additionally, and should the volunteers not board their original flight, the Carrier may offer other benefits as sees fit.

  • When the number of passengers voluntarily denied boarding is insufficient, FlyGR8 will involuntarily deny acceptance of passengers, based on priority of arrival at check-in; in this case FlyGR8 ensures, to the extent possible, that no special care passengers or families with young children are affected.

  • The passengers who were involuntarily denied boarding have the right to alternative routing to their destination, compensation and care.

The care the passengers are entitled to includes:

  • meals and drinks in a reasonable relation to waiting time;

  • hotel accommodation in case alternative flight departs on a different date or if hotel accommodation is deemed necessary;

  • transfer between airport and place of accommodation;

  • two phone calls, telex or fax messages ore-mail.

  4.2 The compensation will be paid within 21 working days, via electronic bank transfer and alternatively, in the case of obtaining the passenger’s written consent, by travel voucher and/or other services:

  • For flights not longer than 1500 km – EUR250;

  • For flights within EU which are longer than 1500km and for all other flights from 1500km to 3500km – EUR 400;

  • For flights which do not meet the terms of letters A and B – EUR600.

In case FlyGR8 offers alternative connections to the port of destination, not taking longer than:

  • 2 hours from the scheduled time of arrival (STA) for the flights mentioned under letter A,

  • 3 hours from STA for the flights mentioned under letter B,

  • 4 hours from STA for flights mentioned under letter C,

FlyGR8 may reduce the above amounts by 50%.

  5. Passengers’ rights when a flight is cancelled.

      5.1 In case of cancellation, the passenger is entitled to compensation unless passenger was notified:

  • at least two weeks before the scheduled time of departure; or

  • between two weeks and seven days before the scheduled time of departure and is offered re-routing, allowing him to depart no more than two hours before the scheduled time of departure and to reach his final destination less than four hours after the scheduled time of arrival; or

  • less than seven days before the scheduled time of departure and is offered re-routing, allowing him to depart no more than one hour before the scheduled time of departure and to reach his final destination less than two hours after the scheduled time of arrival.

 

The following table provides information on the amount of compensation; any requests concerning compensation payment should be addressed to the Carrier:

  • Flights not longer than 1500 km – EUR250;

  • Flights within the EU which are longer than 1500km and for all other flights from 1500km to 3500km – EUR 400;

  • Flights which do not meet the terms of letters A and B – EUR600

 

The compensation will be paid within 21 working days via electronic bank transfer and/or other services in case of obtaining the passenger’s written consent, by personal check/travel voucher.

In case FlyGR8 offers alternative connections to the port of destination, not taking longer than:

  • 2 hours from the scheduled time of arrival (STA) for the flights mentioned under letterA,

  • 3 hours from STA for the flights mentioned under letter B,

  • 4 hours from STA for flights mentioned under letter C,

FlyGR8 will reduce the above amounts of compensation by 50%.

   5.2 In the case of a cancelled flight, the passenger may choose between:

  • a refund (within 7 days) of the costs of unused sections of his ticket, or for used sections on condition that his further flight does not serve any purpose or does not coincide with his return to his original destination along with a return flight to first point of departure at the earliest opportunity; or

  • a change of route to a place of destination at an earliest date on terms comparable to original terms, or at a later date on seat availability condition.

  • Additionally, passengers are entitled to:

  • meals and drinks in a reasonable relation to waiting time;

  • hotel accommodation in case alternative flight departs on a different date or if hotel accommodation is deemed necessary;

  • transfer between airport and place of accommodation;

  • two phone calls, telex or fax messages ore-mail.

  • FlyGR8 will be exempt from the obligation to pay compensation in case the flight is canceled due to extraordinary circumstances.

  • Passengers’ rights when a flight is delayed.

  • In case FlyGR8 foresees that departure, compared to SDT, can be delayed by:

  • two hours or more in the case of flights not longer than 1500km;

  • three hours or more in the case of flights longer than 1500km inside the EU, and in the case of all other flights longer than 1500km, though not longer than3500km;

  • four hours or more in the case of all other flights which do not meet the above conditions,

  •         FlyGR8 shall provide for passengers with:

  • meals and drinks in a reasonable relation to waiting time;

  • hotel accommodation in case flight departs on a different date or if hotel accommodation is deemed necessary;

  • transfer between airport and place of accommodation;

  • two phone calls, telex or fax messages ore-mail.

  • in case the delay exceeds five hours, and within seven days, a refund of the ticket cost.

§24. Claims

 

  1. Subject to article 4, all complaints must be submitted in writing or through the Carrier’s website Contact form, in Greek or English only. Properly filed complaints are dealt with promptly, with responses to complaints no later than within 20 working days from the date of receipt. In exceptional cases, this period may be extended to 40 days. Claims can be sent to the following addresses:

FlyGR8 ............

..........................

..........................

& customerservice@flygr8.com

  2. Compensation claims under Regulation (EC) 261/2004 : the passenger must prove they met the conditions set out in Article 3 par. 2 point a) of - had a confirmed reservation for the flight and showed up for check-in in as stipulated and at the time indicated by the air carrier, no later than 45 minutes prior to the departure. These circumstances shall be demonstrated by the passenger by sending the confirmed reservation for the flight, including the issued boarding pass.

2.1 Passengers must submit claims directly to FlyGR8 and allow the Carrier 20 working days or such time as prescribed by applicable law (whichever is the lesser) to respond directly to them before engaging third parties to claim on their behalf.

2.2 FlyGR8 will not process claims submitted by a third party if the passenger concerned has not submitted the claim directly to FlyGR8 and allowed FlyGR8 time to respond, in accordance with Article 2.1 above.

2.3 Articles 2.1 and 2.2 above will not apply to passengers who do not have the capacity to submit claims themselves. The legal guardian of a passenger who lacks capacity may submit a claim to FlyGR8 on their behalf. FlyGR8 may request evidence that the legal guardian has authority to submit a claim on the passenger’s behalf.

2.4 A passenger may submit a claim to FlyGR8 on behalf of other passengers on the same booking. FlyGR8 may request evidence that the passenger has the consent of other passengers on the booking to submit a claim on their behalf.

2.5 In any event, save for Articles 2.3 and 2.4 above, FlyGR8 will not process claims submitted by a third party unless the claim is accompanied by appropriate documentation duly evidencing the authority of the third party to act on behalf of the passenger.

2.6 Passengers are not prohibited by this clause from consulting legal or other third party advisers before submitting their claim directly to FlyGR8.

2.7 In accordance with FlyGR8’s procedures, any payment or refund will be made to the bank account of a passenger on the booking. FlyGR8 may request evidence that the bank account is held by the passenger concerned.

2.8 Article 2.9 shall not apply regarding any claim under Regulation (EC) 261/2004 where passengers are in compliance with Articles 2.1 to 2.6 of these Terms & Conditions of Carriage.

2.9 The assignment of any right to compensation, damages or refund shall only be valid where the right is assigned to natural persons that are registered in claimant’s flight booking as additional passengers and/or, if claimant is a member of a travel group, to other passengers of this travel group and/or, where the customer is a minor or otherwise not legally competent, to their guardians. In all other cases the assignment of any right to compensation, damages or refund against FlyGR8 to third parties shall be invalid. This prohibition of assignment does not apply where assignment or subrogation of the claim is required by law. 

3. Delayed Luggage claims: the passenger must provide the Property Irregularity Report (PIR), filed upon arrival along with all the documents confirming any financial loss caused. If the Passenger received his baggage without submitting a complaint means that the luggage has been delivered, in good condition, and in accordance with shipping documents.

4. Luggage damage: the passenger must file a complaint with the local airport Baggage Office (Property Irregularity Report - PIR) immediately after the discovery of the damage upon arrival or within 7 days from receipt of the checked baggage. In case of a delay in delivering the baggage, the complaint must be made within 21 days from the date of receiving the baggage according to Article 31 para. 2-4 of the Montreal Convention.

5. Every luggage complaint must be submitted to the carrier in writing or via email at customerservice@flygr8.com, along with the Property Irregularity Report, boarding pass and luggage tag or luggage tag check, within the timeframes specified above. FlyGR8 reserves the right to ask the passenger to provide other additional documents which are necessary to determine the limit of liability. FlyGR8 may designate an additional channel dedicated to luggage complaints, including through an e-mail address, for selected or all flights, as reported to passengers. The additional channel does not exclude the possibility of filing a complaint in writing in accordance with par.1.

6. If the damaged baggage cannot be repaired by the carrier or any company acting on its behalf, the passenger has the right to have the luggage repaired by a third party, obtain the receipts and send them to the carrier. In case baggage is irreparable, the passenger must obtain written confirmation from the appraiser, including indication of the brand and type of baggage.

7. If the checked baggage has been damaged or pilfered, passenger must immediately report this to the airport services/baggage office and complete the PIR before leaving the transit area. Acceptance of the Baggage without complaint made before leaving the transit area and without completion of a Property Irregularity Report (PIR), is prima facie evidence that the Baggage has been delivered in good condition.

8. If the Passenger’s baggage did not arrive with the flight carrying the Passenger, the Passenger has to report this fact immediately to the airport services/baggage office and complete a PIR upon arrival and before leaving the transit area. Should the passenger fail to meet this requirement, FlyGR8 will be released from liability for damage, destruction, loss or delay of passenger’s baggage.

9. The maximum compensation in the amount of EUR30 per baggage/per day, and up to a total of EUR100, for the delay in baggage delivery over 24 hours during the passenger’s stay abroad is admitted on the basis of the receipts for purchase of first need products (underwear, necessary change of clothing and toiletries) regardless the period of waiting for the luggage. However, the carrier reserves the right to adjust the claims individually.

10. FlyGR8 disclaims liability for any damage to Cabin or unregistered baggage, unless the damage was caused by carrier’s negligence or the negligence of their employees.

11. According to Art. 35 sec. 1 of the Montreal Convention, the right to compensation provided for by the Convention shall expire if the claim is not made within two years from the date of arrival to the place of destination or from the date on which the aircraft should have arrived or from the date on which the carriage

ceased.

§25. Catering

 

Depending on contract with Charterers, the Carrier offers food, non-alcoholic and alcoholic drinks free of charge or entirely for a full charge. Relevant information is available from the Charterer. The food and drink menu, including prices, is available on board and at the Carrier’s website.

§26. Additional services

 

  1. The Carrier offers a selection of additional services such as:

    • the carriage of special baggage including sport baggage,

    • the carriage of excess luggage,

    • the carriage of animals,

    • special assistance to a minor traveling alone,

Extra services are not free of charge. The fees are given in  Annex III to these General Terms and Conditions of Carriage.

The Passenger may avail himself of additional services after stating such intention to the Agent of the Carrier and obtaining confirmation that such service may be rendered by the Carrier.

   2. All the information concerning procedures connected to extra services are available at the Charterer and the Carrier. Such information can be obtained either by contacting the Charterer or though the carrier’s website. FlyGR8 has the right to refuse to provide special services that do not fulfill the conditions set by the carrier.

   3. The Carrier is not obliged to provide special services. The Carrier reserves the right to refuse to provide a special service for capacity shortage, or for operational reasons.

§27. Applicable law and judicial venue

 

  1. Unless otherwise stated in the provisions of the Convention or mandatory provisions of law, these Terms and Conditions of Carriage and each carriage that FlyGR8 provides to the passenger (in respect of the passenger and / or his / her baggage) shall be governed by Greek law.

  2. Any dispute between passenger and carrier concerning or arising out of such carriage in any way whatsoever shall be subject to the nonexclusive jurisdiction of the courts of Greece.