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).

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§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:

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• 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

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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.

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§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.

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§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.

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§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.

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§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.

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§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.