AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

Article 1 Definitions

“ACCOMPANYING PASSENGER” means a paying passenger of at least 15 years of age, who, in the Carrier’s reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular customer they are accompanying. “AIRLINE DESIGNATOR CODE” means the two characters or three letters which identify particular air carriers. “AUTHORIZED AGENT” means a passenger sales agent who has been appointed by Carrier to represent the same in the sale of air passenger transport on such services provided by Carrier. “ANCILLARY SERVICES OR PRODUCT” means any additional product or services extended which passenger may avail of in exchange for monetary or other values with respect to the air carriage service. "BAGGAGE" means the personal property accompanying a passenger in connection with his/her trip. Unless otherwise specified, it includes both the Checked and Unchecked Baggage of a passenger. "BAGGAGE CHECK" means a document issued to Passenger by the Carrier as a receipt for Checked Baggage and which relate to the carriage of Checked Baggage and includes the Baggage Identification Tag. "BAGGAGE IDENTIFICATION TAG" means a document issued by the Carrier solely for identification of Checked Baggage. “BOARDING PASS” is a set of information containing passenger details, flight details, boarding time and seat number. It also indicates the destination of the Passenger. Such information may be supplied and retrieved either by manual or electronic processes as determined and directed by the Carrier. “BOOKING” means the details which the Carrier or its Authorized Agent has entered in the Carrier’s system relating to a journey to be made by a Passenger. “BOOKING REFERENCE” means the reference issued by the Carrier or its Authorized Agent which identifies the Booking that a passenger has made with the Carrier. “CABIN BAGGAGE” is sometimes referred to as carry-on or unchecked baggage. It means any of the passenger’s baggage other than Checked Baggage. The Cabin Baggage is taken into the cabin of the aircraft with the passenger. "CHECKED BAGGAGE" is sometimes referred to as “registered baggage”. It means baggage which the carrier takes custody of and for which the carrier has issued a Baggage Identification Tag. "CARRIER" means Air Philippines Corporation (APC) known by its service brand name airphilexpress, that will carry or undertake to carry the Passenger and/or his or her Baggage under a Ticket issued by it, APC functions as a low cost point-to-point airline. “CONVENTION” means whichever of the following: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention); the Warsaw Convention as amended at The Hague on 28 September 1955; the Warsaw Convention as amended at the Hague and by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Supplementary Convention (1961); the Convention for the Unification of

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention); any other applicable protocols or conventions and any enabling legislation. “DAMAGE” includes death, injury, delay, loss, partial loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto. "DAYS" means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity the day upon which the Ticket is issued, or flight is commenced, shall not be counted. "DOMESTIC TICKETS" means Tickets with purely Philippine domestic itinerary. “ELECTRONIC TICKET" (E-TICKET) means the Itinerary issued by the Carrier or in its behalf and if applicable, a boarding document. "FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage" or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which the passenger is entitled to be carried. “IDENTIFICATION” means valid government issued identification which the Carrier will require passengers to produce to prove their identity at check-in or boarding if check-in is done via web. “INTERNATIONAL CARRIAGE UNDER THE WARSAW CONVENTION" means carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated, either within the territories of two High Contracting Parties to the Warsaw Convention one or both of which have not ratified the Hague Protocol or within the territory of a single High Contracting Party not having ratified the Hague Protocol if there is an agreed stopping place within the territory subject to the sovereignty, suzerainty, mandate or authority of another Power even though that Power is not a High Contracting Party. "INTERNATIONAL CARRIAGE UNDER THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL" means carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated, either within the territories of States both of which have ratified the Hague Protocol or within the territory of a single state which has ratified the Hague Protocol if there is an agreed stopping place within the territory of another State even if that State has not ratified the Hague Protocol. "ITINERARY RECEIPT" OR “TRAVEL ITINERARY OR TICKET” means the mainly printed document issued to Passenger that includes the Passenger's name, flight information, booking number, Conditions of Carriage and notices. “INTERNATIONAL FLIGHT OR INTERNATIONAL CARRIAGE” means travel between two or more countries including any flights within those countries where they are combined with any international flights. “PASSENGERS WITH REDUCED MOBILITY” refers to paraplegic or quadriplegic passengers. "PASSENGER"," YOU", "YOUR" AND "YOURSELF" means any person, except members of the crew, carried or to be carried in an aircraft with the Carrier’s consent. "ROUTE" means the flight from the airport at the point of origin to the airport at the point of destination.

airphilexpress. 2. "US" AND "CARRIER" means Air Philippines Corporation or airphilexpress. "WEBSITE" means the internet site www. “UNACCOMPANIED MINOR” means those children aged 8 to 12 years of age at the time of carriage may travel unaccompanied during flight provided they are accompanied by an adult and are properly endorsed to Carrier at check-in. without exception.2 Basis of carriage The carriage of a Passenger on any flight by us is.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE "SEAT" means a seat in the Carrier’s aircraft. including services incidental thereto. "OURSELVES". that the unaccompanied children. . Language: The language of these Conditions of Carriage is English and while there may be translations of the same in other languages. these Conditions of Carriage apply to both international and domestic carriage by air of Passenger and baggage.com provided by the Carrier for the purpose of passengers making online bookings and to access information about airphilexpress. "WE". as well as in applicable international treaties and Conventions and unless otherwise expressly stated. English shall be the sole language used in the interpretation of these Conditions. “FEE” OR “CHARGE” OR "TARIFF" means the Carrier’s fares and charges published electronically or on paper. will have an assured pick-up at the point of destination. these Conditions of Carriage as set out in your Itinerary receipt. performed by us for compensation or reward. 2. b. who are traveling unaccompanied.1 Gratuitous or reduced fare carriage These Conditions also apply to gratuitous or reduced fare carriage except to the extent that we have provided otherwise. Article 2 Applicability General: These Conditions are the Conditions of Carriage referred to in our Passenger Ticket and Baggage Check and except as provided in cases of gratuitous or reduced fare carriage. subject to: a. Any child below the age of 8 years shall not be carried without an accompanying adult. Booking. Provided further. "OUR". charters and overriding laws.

e. these Conditions of Carriage will prevail to the extent of the inconsistency. illegal or unenforceable.6 Conditions prevail over special procedures If any of these Conditions of Carriage is inconsistent with any special procedures we may have. However. it will be read down to the extent necessary to ensure that it is not invalid. This means that even if you have a reservation with us and hold a ticket where our name or Airline Designator Code is indicated as the Carrier. such as schedule changes. where applicable. such provision (s) shall not apply. and/or any applicable laws. We will facilitate check in and baggage handling only from one point to another. it will be severed from the Conditions of Carriage and the other conditions will remain valid. We shall not be responsible in any way for connecting flight arrangements. 2. government regulations. illegal or unenforceable. Philippine laws.. any specific directions given to a Passenger in writing by us. check in facilitation.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE c. 2. It is purely the passenger's responsibility to allot enough time and acquire adequate information in planning your trip itinerary should you have connecting flights.8 Charter operations . If such arrangements apply we will advise you of the Carrier operating the aircraft at the time of booking.7 Code Shares On some services we may have commercial arrangements with other Carriers known as "code shares". meal or baggage handling. these Conditions are subject to change without notice with the approval of the Philippine Civil Aeronautics Board (PCAB). provided that no such change shall after a ticket has been issued by us. etc. We operate as a low cost point-to-point carrier. another Carrier may operate the aircraft. 2. as applicable. d. orders or requirements that cannot be waived by agreement of the parties. The invalidity of any provision shall not affect the validity of any other provision.5 Cannot vary No employee or other person is authorized to vary any of these Conditions of Carriage.3 Overriding law To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention as defined herein. any International Convention or other laws of originating countries to the extent that it may be applicableto the journey in question. but if that is not possible. and the applicable fare rules or Loyalty Program redemption rules. 2.4 Read Down If any of these Conditions of Carriage is invalid. 2. 2.

2). 2. If we provide assistance for any of the above aspects of your travel. 2. other conditions may apply to such surface transportation.com. finding out from relevant consulates whether you need a passport. and our liability to you is limited. this does not release you of your responsibility in respect of these matters.11 Destination . health document or evidence of onward travel.10 Preparing to travel You alone are responsible for making all necessary arrangements for your travel and ensuring that you comply with all laws.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE If carriage is performed by us under a charter agreement. You must inform us if you: . such as hotel reservations or car rental.9 Additional services or other forms of transportation (a) If we make arrangements for you with any third party to provide any services other than carriage by air. Travel advice can be obtained from various sources. 2. regulations and orders of the places you will travel to. See Worry-Free travel insurance. you should enquire about any local issues and conditions at your destination(s) prior to commencing travel. b. obtaining inoculations. 2. in doing so we act only as your agent.1 We may refuse to carry you if we are not completely satisfied that it is safe for you to fly. travel advisories issued by other countries to their citizens. 2. The terms and conditions of the third party service provider will apply. visa or other travel document. these Conditions of Carriage apply except to the extent that we have provided otherwise.13.Passenger enquiries As you are traveling internationally or domestically.12 Travel Insurance Because travel involves many risks. We make no representations as to the safety.13 Health 2. including local governments. d. c. it is recommended that you purchase travel insurance. disease or other condition which may make it unsafe for you or other Passengers if you fly. and finding out about dangers to your health and safety at your destination (see 3. Such conditions are available from us upon request. and the website of the philtourism. (b) If we are also providing surface transportation to you. such as: a. local consular offices. conditions or other issues that may exist at any destination. Before you make a reservation you should tell us if you suffer from any illness. or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party. obtaining those documents.

or would require medical attention and/or special equipment to maintain your health during the flight. pre-existing medical condition. c. suffer from any disease which is or you believe may be actively contagious and communicable. The said certificate shall have been issued not more than seven (7) days before the scheduled flight departure date. 2. Pregnancy up to 25 weeks (inclusive): We will accept without a doctor's certificate subject to the passenger signing a Expectant Mother’s Information Sheet (EMIS).2 Deep vein thrombosis (DVT) Some studies have concluded that prolonged immobility may be a risk factor in the formation of blood clots in the legs (DVT .3 Pregnancy If you are pregnant: You are required to advise us of the progress of your pregnancy at the time of booking and again at the check-in counter.g.Deep Vein Thrombosis).13.13. Article 3 Tickets/Itinerary 3. b. In all instances. We reserve the right to refuse you carriage should you fail to advise us that you are pregnant.1 Prima Facie Evidence of Contract: The Itinerary Receipt is prima facie evidence of the contract for carriage between passenger and us. any unusual behavior or physical condition. You will be required to sign a EMIS. have. Pregnancy between 26 weeks to 32 weeks (inclusive): You shall submit a doctor's certificate confirming the number of weeks of pregnancy and that you are fit to travel. b. d. If you propose to travel with a known. because of a disease or any incapacitation. .AIRPHIL EXPRESS CONDITIONS OF CARRIAGE a. c. if there is a possibility that the flight might need to be diverted or require an unscheduled landing because of your condition). If you feel you may be at risk from DVT or other health problems Airphil Express recommends you consult with your doctor before travel. 2. could pose a potential hazard to the safety of the flight or its punctuality (e. The Itinerary and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us. Pregnancy 33 weeks and above: We will refuse carriage. We cannot provide any advice on your fitness to fly. which could have an adverse effect on the welfare and comfort of other Passengers or crew members. we reserve the right to determine if a passenger with a medical condition is fit to fly. you should do so only on the written advice of your own medical doctor or health professional. a.

Charges and Insurance Surcharge: Any government taxes. We shall not be liable to you for your failure to meet any connecting flights regardless of the cause. charges or insurance surcharge as and when they fall due prior to departure.2 Transferability: The contract for carriage is only transferable as provided in these Conditions of Carriage.2 General: Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. 3. 4. Article 4 Bookings / Fares 4. Upon your request. relevant authority or the airport operator in respect of your use of any of our services or facilities will be in addition to our fares. 4. You will be required to produce appropriate identification as defined herein at check-in or upon boarding if check-in is done via web. BOOKINGS 4. Note: We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You shall nevertheless bear such government taxes. you may not board that flight without having paid the relevant fare and obtaining a boarding pass by checking-in and presenting your passport (for international travel) and other necessary travel documentation. No strollers or prams are allowed in the cabin of the aircraft.3 Validity: The Itinerary is only valid for the Passenger named and the flight specified therein. we or an Authorized Agent will give you written confirmation of your Booking. unless otherwise specifically stated by us. 4. charges or insurance surcharge imposed on air travel by the Government. An infant may travel provided he sits on an adult's lap. Such government taxes.4 Government Taxes. administration fees and charges and shall be borne by you.3 Infants: The fees for infants under the age of two (2) years but above sixteen (16) days old on the date of travel are provided for in the Fee Schedule . charges and insurance surcharge imposed on air travel may change from time to time and can be imposed even after the date that your booking has been confirmed.5 Currency: .1 When is a Booking made? A Booking for a flight is made when recorded as accepted and confirmed by us or an Authorized Agent. Fares exclude ground transport services between airports and town terminals unless otherwise specifically stated by us. Only one (1) infant is allowed for one (1) adult.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE 3. However. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. 4.

flight schedules. if the new flight booked is in a higher fare class than that of the canceled booked flight. c. 5. the change is not confirmed until we issue you or you print a new Itinerary and/or booking number.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us. Please contact us for further details. 4. no changes are allowed.6 Accuracy: All fares. 4. subject to the following conditions: a. d. flight changes are subject to the following terms: Inside of twenty-four (24) hours prior to the scheduled flight departure time. the difference in fares shall be paid by the passenger before the cancellation or change can be made. routes published. 5. The Fee Schedule shall indicate which fare classes are refundable and which are non-refundable.8 Non-refundable fares Some fares types are non-refundable. prices. The charges for flight change outside of twenty-four (24) hours prior to the scheduled flight departure time are provided for in the Fee Schedule .2 Group Bookings: These are governed by specific terms that vary from time to time. service charges and other charges unless otherwise specifically stated by us.1 Confirmation of Booking: The booking of a Seat is confirmed after full payment of the fare is made and after a booking reference and/or the Itinerary is issued to you. . b. whether electronically or by way of other medium. pre-booked products and services are correct at the time of publication and or booking and are subject to change at any time and from time to time without prior notice.3 Flight Change: Once a booking number has been issued. 4. Fares may exclude administration fees. changes on route(s) are not allowed. if a lower fare is available.7 Applicable Fares: Applicable fares are those published by us or in our behalf. Please refer to the applicable fare rules for more information. Article 5 Bookings of Seats 5. the difference in fares will NOT be refunded to the passenger.

5. government agencies. by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices. If the payment for your ticket was made with a credit card that is not your own. administrative and legal purposes. you are NOT allowed to substitute the passenger named in the confirmed booking with another passenger name. authorized agents. we reserve the right to cancel the booking prior to check-in. credit card issuance. including after boarding of the aircraft. . even after boarding of the aircraft. we reserve our right to assign or reassign seats at any time. and helping us in any future dealings with you.6 Personal Data: You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking. systems testing. government regulatory. In the event that the fare has not been paid in full for any reason whatsoever. For these purposes.4 Name Change: Once a booking number has been issued. the applicable fare. duly signed and endorsed by the card owner. This may be necessary for operational. maintenance and development. We reserve the right to re-assign seats at any time. shall need to be presented upon check in. and any other applicable administration fees. 5. facilitating immigration and entry procedures. b. billing and auditing. or the providers of the services mentioned above. a photocopy of that credit card .AIRPHIL EXPRESS CONDITIONS OF CARRIAGE 5. Please refer to our fee schedule for the rates. safety. security. service charges or taxes. This may be necessary for operational. and health or security reasons. You will be allocated a seat upon check-in. safety or security reasons. We do not guarantee any specific seat reassignments. Where a selected seat is purchased. statistical analysis.7 Seating: We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted or is otherwise made available on the flight. Payment must be made for: a.5 Payment: Fares must be paid in full when a booking is made (referred to as Book-and-Buy). 5. checking credit or other payment cards. and other charges unless specifically advised by us. 5.8 Reserved Seating Service: Subject to availability you may pay a fee for a reserved seating at the time of reservation or up to 24 hours prior to the scheduled time of departure for an advance seat assignment. You may opt to have your information removed from our database at any time by emailing a request to us. providing and developing ancillary services and facilities. accounting.

or carry you on an reserved seat of equivalent value on the next available flight. terminated. The itinerary receipt is proof of purchase of your pre-booked in-flight products or services and must be presented to the cabin crew onboard to redeem the pre-booked in-flight products or services.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE whether for an aisle. reassign you. delayed or merged due to circumstances which we reasonably consider to be beyond our control or for commercial reasons or reasons of safety. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking.1 Check-In. either: a. without prior notice. we reserve the right not to allow you to check in without any liability to you and without having to refund to you any fare paid: . If at any time after successfully purchasing a reserved seat and our schedules are changed. to amend/change the prices for pre-booked meals. In-flight products or services are non-refundable and non-transferable once purchased. In any event. window. 5. b. however. at our sole discretion. to amend/change the prices or substitute any component for in-flight products or services. All prices and/or savings quoted for your in-flight pre-booked products or services are correct at the time of booking. without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage. or other type of seat. You may at anytime purchase meals.8 are the sole and exclusive remedies available to you and we shall have no further liability to you. Food may contain nuts. All prices and/or savings quoted from your pre-booked meals are correct at the time of booking.9 In-flight products: The provision of in-flight products. We do not accept any bookings or changes to in-flight products or services within 24 hours from the scheduled flight departure time. dairy and/or gluten and or seafood. We do not accept any bookings or changes to your meal selections within 48 hours from the scheduled [for meals arranged before the flight] flight departure time. We reserve the right. services or advertised programmes is subject to availability. The counters close forty-five (45) minutes before the scheduled flight departure time*. 5. We reserve the right. Article 6 Check-in and Other Requirements of Carriage 6. We will. a seat of equivalent value on the same flight carry you on the same reserved seat on the next available flight. Deadlines and Conditions: Our check-in counters are open two (2) hours before the scheduled flight departure time. The itinerary receipt is proof of purchase of your pre-booked meal and must be presented to the cabin crew onboard to redeem your pre-booked meal. we shall at our option.10 Meals: Meal selections are subject to variation from time to time and are subject to availability. substitute any component of the pre-booked meal with an item of similar value subject to availability and/or aircraft suitability. c. snacks or drinks as available on board the aircraft. exit row. make all reasonable efforts to honor paid seat assignments. without prior notice. or The options outlined in this Article 5.

notices and instructions given by us relating thereto. extend the validity of your booking. 6. 6. f. into or over and with our Terms & Conditions. We reserve c.3 Overbookings: There is a chance a seat may not be available for you on your flight even if your booking is confirmed. regulations. into or over. or Refund to you the full value of your fare. the fare you paid will not be refunded to you for any reason whatsoever. 6. retain the value of your fare in an electronic or paper voucher for your future travel subject to the terms and conditions of such booking. In the event of such unavailability of seat. visa. or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws. b. 6.7 Compliance: You are solely responsible for complying with all laws. d. and/or if in our judgment. we shall at our option. h.2 Self Check-in: We may offer a self check-in facility for selected flights. demands. orders.. 6. health and other documents required by law. necessary for travel to a particular place or country.6 No-show: If you fail to check in on time or fail to board the aircraft by the time the aircraft departs. intoxication or other substance abuse. carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and. Your ticket shall be forfeited. b. g.3 (a) to (c) are the sole and exclusive remedies available to you and we shall have no further liability to you. you are not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other passengers. demands and requirements of countries flown from. orders.5 Boarding: You must be at the boarding gate at least thirty (30) minutes before the scheduled flight departure time. regulations. 6. e. regulations. whether given orally or in writing or otherwise. orders. The facility is subject to specific requirements which may be viewed in detail on our website under Self Check-in. order.4 Sole remedies: The options outlined in Article 6. . demands. or should you choose to travel at another time. permits.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE a. requirements or instructions. if you have not fully paid any fare or other fees or charges due to us. either: a. notices. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws. you are not fit to travel due to inebriation ie. if you have been violent to our staff or caused disturbance at our counter or have abused our staff whether physically or verbally. if the Government or other authorities prohibits your checking in or boarding the aircraft. if in our judgment. This is due to the common practice in the airline industry of overbooking. if you fail to have the proper documents such as passports or travel cards. if you fail to have proper identification as defined herein or fail to identify yourself to our staff. notices. where necessary. requirements or instructions. if you attempt to check in inside forty-five (45) minutes* before your scheduled flight departure time.8 Travel Documents: You are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit. 6. or any obvious adverse medical condition. demands or requirements of the countries flown from. c.1. regulations.

j. orders. into or over or to produce the required documents.: If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws. you have not followed. i. your conduct. in the exercise of our reasonable discretion. g. We may apply towards such payment or expenditure the value of any carriage unused by you. b. you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. c.11 Passenger Responsible for Fines. the credit card by which you paid for the fare has been reported lost or stolen. the booking of our Seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by us.1 Right to refuse carriage: We may refuse carriage of you or your baggage for reasons of safety or if. are required to return you to your point of origin or elsewhere. orders. . such action is necessary in order to comply with any applicable laws. such action is necessary for reasons of safety or security. such applicable laws. In such circumstances we will not refund the fare to you. Article 7 Refusal and Limitation of Carriage 7. k. you have refused to submit your baggage to mandatory inspection to a security check. demands or other travel requirements of the countries flown from. or are likely to fail to observe our instructions.9 Domestic Routes: Passengers are required to produce proper identification as defined herein for all domestic flights. h. Copies of children’s birth certificates or identity cards are required before they are allowed to board. other persons or to property. to other passengers or to our crew. regulations. f. 6. into or over. we determine that: a. owing to your inadmissibility into a country. e. 6. status. Documents Advisory 6. whether of transit or destination. regulations. on order of any Government or immigration authority. the applicable fare or any charges or taxes payable have not been paid.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE the right to refuse carriage to any Passenger who has not complied with. or any funds due to you in our possession. the payment of your fare is fraudulent. demands or requirements. or whose documents do not appear to comply with. etc.12 Security Inspections: You shall submit to any security or health checks by Government or airport officials or by us. you have previously committed acts of misconduct and have been deplaned or escorted by law enforcers/authority or denied boarding on a previous flight and there is a reasonable likelihood that such conduct may be repeated. regulations or orders of any state or country to be flown from. or (ii) that you may pose a hazard or risk to yourself.10 Refusal of Entry: You agree to pay the applicable fare and/or penalties or fines whenever we. d. age or mental or physical condition or the physical condition of your baggage is such: (i) as to cause reasonable fear of harm. the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained. Detention Costs. 6.

and/or m. 7. or a. l. 7. We reserve the right to determine your fitness to fly. Provided further.4 Passengers with reduced mobility/medical condition: For safety reasons. 7. the passenger is unable to assist in his own evacuation from the aircraft. if carrying you will break government laws. p. For the safety of other passengers. or for which you do not have valid travel documents. we reserve the right to deny boarding to passengers suffering from infectious. who are traveling unaccompanied.6 Travel with a companion: We may require that you travel with a companion if:it is essential for safety. regulations. Under certain circumstances we may require the passenger to travel with a companion. that the unaccompanied children. o. will have an assured pick-up at the point of destination. 7. Failure to notify us will result in the service being unavailable upon your arrival at the airport and you being refused carriage. or has been mutilated (in which case we reserve the right to retain such documentation). For health and safety reasons passengers with specific requirements must check-in at the airport.2 Unaccompanied Child: Children below age 8 will not be accepted for carriage unless they are with an accompanying passenger. if you do not appear to have valid travel documents. Passengers with illnesses or a medical condition are required to submit a medical certificate at check in confirming that they are fit to fly.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE the Itinerary has been altered by anyone other than us or our authorized agent. 7. or the passenger is unable to understand safety instructions . contagious or chronic diseases.3 Unaccompanied Minors: Children aged 8 to 12 years of age at the time of carriage may travel unaccompanied during flight provided they are accompanied by an adult and are properly endorsed to Carrier at check-in. other analogous circumstances. the person checking in or boarding cannot prove that he is the person named as the passenger on the Itinerary (we reserve the right to retain such Itinerary in this circumstance) n.5 Passengers Requiring Special Assistance Passengers with specific requirements requiring special assistance and passengers with illnesses including those who are mentally-ill are requested to contact our call center at least 48 hours before the scheduled flight departure date to make a prior arrangement with us for the type of special assistance required. when so requested. orders or an immigration direction from a country to which you are traveling or are to depart from. may seek to enter a country through which you may be in transit. b. we can carry only a maximum of 4 passengers per flight who have reduced mobility provided that quadriplegic passengers are limited to not more than 2 per flight. destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew.6).(See7. against receipt.

then it must be non-rigid and unfolded. An infant under the age of two (2) years at the date of travel may be carried for a fee provided the infant is accommodated in the lap of an Accompanying Passenger. d. We reserve the right to re-assign seats at any time.. Carriage of Wheelchairs . Carriage of wheelchairs shall be subject to such other requirements as we may implement from time to time. and the dimensions must not exceed 60cm (width) + 114cm (height) + 11cm (depth). b. and health or security reasons 7. c. Only one infant is permitted per Accompanying Passenger.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE c. If you need to use these special services you must make your Booking through the airphilexpress Call Center . handbag. a. Article 8 Baggage 8. . a. small suit-pack etc).7 Seating: We will make reasonable seating accommodations for Passengers with specific requirements in accordance with applicable laws. laptop. In all instances. We reserve the right not to carry infants less than sixteen (16) days old. is required at check-in (ie passport check). as these are not available on board. Each piece must be able to fit under the seat in front of you or fit in an enclosed storage compartment in the cabin of the aircraft.8 Children and Infants less than 16 days old: We will not carry infants less than sixteen (16) days old. 7. the carrier reserves the right to determine if a passenger with a medical condition is fit to fly. For infants not requiring their own seat. Under no circumstances will a child below the age of 7 years and 11 months be accepted for carriage unless traveling with an Accompanying Passenger. b. c. safety. Dimensions of the main item must not exceed 56cm (width) + 36cm (height) + 23cm (depth) or 45 linear inches. government regulatory.1 Baggage allowance You may carry some Baggage free of charge provided you comply with our Baggage requirements which are set out below. proof of age (under 2). Total weight of all Cabin Baggage must not exceed 7kg. If the small item is a suit-pack. No collapsible prams or strollers are permitted in the aircraft cabin. (Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if traveling unaccompanied. Passengers are required to bring their own baby food and baby nappies. This may be necessary for operational.g. including after boarding of the aircraft.Your fully collapsible manual wheelchair may be carried in the hold at no extra charge. Cabin Baggage: Each passenger (except infants not occupying an aircraft seat) is permitted 1 item of Cabin Baggage and 1 other small item (e.

regulations or orders of any state or country to be flown from. Items which in our reasonable opinion are unsuitable for carriage by reason of their weight. b. magnetic substances. swords. Human or animal remains. . 8. poisons. k. snow boards. golf clubs. shape. and cots. Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling. knives and similar items are prohibited on board.9 meters). such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms & Conditions and Conditions of Contract. i. 8. improper packing or character. including but not limited to bicycles. bacteria). Items which are likely to endanger the aircraft or persons or property on board the aircraft. Fragile or perishable items. No single item may exceed 15kg in weight for A330 aircraft and 10kg in weight for flights to and from Caticlan. Live Human Organs or tissues for transplant. c. we recommend you contact a cargo agent or airphilexpress. h. g. 8. Live or dead animals. Firearms and ammunition. Charge for excess baggage shall apply and shall be paid for accordingly upon check in. skis. surfboards. if appropriately packed. lighter refills) refrigerated gas (such as filled aqualung cylinders. mercury. Bulky items (maximum 1. size.4 Valuable and Fragile Goods: c. e. oxidizing materials (such as bleaches). For these requirements. f. alkali. j. (Please contact us to know our Special Handling Requirements) Fresh or frozen seafood or other meats provided that such items may be carried on board as checked luggage only if we are satisfied that they have been properly packed. Strictly only Styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. If any piece of baggage does not comply with any of these conditions. Weapons. solvents) flammable solids (such as matches. organic peroxides (such as resins). thinners. we have the right to reject admission of baggage. fire lighters). to or over.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE d. Explosives. thermometers). it must be checked in to the aircraft hold. Call airphilexpress Reservations or visit our website for more details. radioactive material (such as radium) corrosive materials (such as acid. Should passengers refuse inspection.3 Items Unacceptable as Baggage or to be carried inside Baggage: We reserve the right to refuse carriage of such baggage or such items found in baggage as follows: a. b. Passengers must ensure all baggage is packed appropriately before being presented at check in. subject to space and weight availability and shall be assessed with appropriate fees. Items the carriage of which are prohibited by the applicable laws. Weapons such as antique firearms. flammable or non-inflammable gas (such as aerosol paints. Please see Schedule of Fees. flammable liquids (such as paints. butane gas. smell. liquid nitrogen). infective substances (such as viruses. . a. l. d.2 Checked Baggage: Cabin Baggage limits are strictly applied so passengers who have more Baggage than the applicable Cabin Baggage Allowance conditions and charges apply.

If they are checked in as baggage. 119cm wide and 119cm depth. We reserve the right to search your Baggage in your absence if you are not available. cameras. Sporting equipment may be carried in the hold of the aircraft upon payment of the fee set out in the fee schedule and at your own risk. securities or other valuables. we shall not be liable for such injury or damage unless the same is due to our fault or gross negligence. 8. negotiable papers. title deeds. advised to purchase the necessary insurance for such items. Checked Baggage must have your name or other personal identification affixed securely to it. jewelry. b. artifacts. Please refer to our fee schedule for details on all rates. computers. a fully collapsible wheelchair and/or a pair of crutches and/or a walking stick and/or other prosthetic device for you if you are dependent on them.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE Passengers are strongly advised not to check in such items as baggage. This weight limit does not apply to mobility equipment. a. passports and other identification documents. Musical instrument which exceed our cabin baggage dimensions provided it is within 65 kg may be carried in the cabin if a seat for it has been purchased and the appropriate fare paid. we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. we will not accept any individual item for check-in exceeding 32 kg and with combined dimensions of more than 81cm height. x-ray or other type of scan on your person or your Baggage. silverware. In the event that a search or scan causes injury to you or damage to your Baggage. Checked Baggage will be carried on the same aircraft as you unless we decide for safety.5 Right to Search: For reasons of safety and security. Please see our Schedule of Fees. The fee is non-refundable and nontransferable. . Passenger booked in the same itinerary and does not travel may not transfer their unused Checked Baggage weight to the other passenger(s) in the same Itinerary. We will carry at no charge in the hold a baby’s collapsible pram or stroller(if travelling with an infant. precious metals. manuscripts and the like at absolutely NO LIABILITY to airphilexpress. security or operational reasons to carry it on an alternative flight. video equipment. electronic devices. If you refuse to comply with such searches or scans we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. 8. for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. There is no baggage allowance for infants less than 2 years of age.6 Checked Baggage: Upon delivery to us of Baggage to be checked. passengers agree they send for carriage of such items at THEIR OWN RISK. Such items include money. Passengers may not use the unused Checked Baggage of other passengers unless travelling on the same Itinerary. 8. You are therefore. Passengers who anticipate having bulky items or excess baggage should arrive at the airport to check in 2 hours prior to the scheduled departure time.7 Excess Baggage: Any passenger checking in baggage which exceeds the nominated amount or the amount purchased at time of booking will be charged on a per kg basis at the Airport Check-in counters. we may require you to undergo a search. For health and safety reasons.

8. Passengers carrying hypodermic needles will need to declare them at the screening point. Article 9 Schedules. re-sealable 1 liter plastic bag The plastic bag should be presented separately at security.1 Schedules: . delayed or lost if you have ignored our requirements and included the item/s as Checked Baggage. We shall not be responsible in the storage and safekeeping of medication brought or carried in the cabin. security or operational reasons to carry it on an alternative flight. We will not be responsible for. Such baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Cancellations 9. Passengers purchasing an extra seat will be entitled to the standard checked baggage allowance(if applicable for that fare) but no additional cabin baggage We may refuse to carry any piece of Baggage that does not comply with the our policy. 8. We do not accept any responsibility for items which we refuse to carry and which are not carried as Checked Baggage. unless we decide for safety. but you must still comply with all relevant weight and size limitations. expenses. we will not be liable for any inconvenience costs. loss or damage you suffer as a consequence of the item being damaged. The liquid is in a container with a maximum volume of 100ml That all liquid containers meeting the maximum volume of 100ml each can be fitted comfortably into a transparent. Medication should have a professionally printed label identifying the medication or a manufacturers name or pharmaceutical label affixed. articles removed from your Baggage by airport security personnel acting in accordance with any applicable regulations. Checked Baggage will. You may be required to dispose of liquids which do not meet the above requirements. Subject to the prevalent applicable local laws and regulations passengers may take liquids on board in their hand luggage provided they meet the following restrictions: a. Please contact airphilexpress should you have a question. b. be carried on the same aircraft with you. documentation or identification to confirm the passenger's medical condition should be submitted. or have any liability in respect of.8 Cabin Baggage: Passengers (except infants) are allowed the following baggage: Only one (1) item of baggage is allowed to be carried on board provided that it does not exceed the dimensions of 56cm X 36cm X 23cm and provided that it does not weigh more than 7kg.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE c. whenever possible. with or without our knowledge.9 Restrictions on cabin baggage All Cabin Baggage must comply with all applicable size and weight restrictions. Such items should be carried as Cabin Baggage. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board. When possible. As our liability is limited.

however. We shall pay to Passengers holding confirmed reservation and who have presented themselves for carriage at the proper time and place and fully complied with our check-in and reconfirmation procedures and who are acceptable for carriage under the our Tariffs. or should you choose to travel at another time. that.2 Cancellation. Uncontrollable circumstances include but are not limited to weather conditions at point of origin or en-route or other ports.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE We will use our best efforts to avoid delay in carrying you and your baggage. Where other amounts are prescribed by the government authorities of the country where boarding is denied by us as understood herein such other amounts shall apply. where necessary.4 Denied Boarding Compensation a. either: a. divert. we will try to assist you to get to your destination. we shall at our option. carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and. Provide you a full refund. safety or commercial reasons.00) or its equivalent in foreign currency.3 Late or canceled flights (due to uncontrollable circumstances) Where an uncontrollable circumstance is responsible for the delayed or cancelled flight. postpone reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of maintenance. Sole remedies: Upon the occurrence of any of the events set out in Article 9. but will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation such as accommodations. industrial action caused by staff not directly employed by airphilexpress. terminate. have priority of booking for the next available flight using the same Ticket for which he was denied boarding provided. rebook you on a future flight waiving any applicable fees and charges. However. The compensation for denied boarding due to unavailability of space shall constitute liquidated damages for damages incurred by you.2 (a) to (c) are the sole and exclusive remedies available to you and we shall have no further liability to you. meals.500. Changes of Schedules: At any time after a booking has been made we may change our schedules and/or cancel. 9. times shown in timetables. b. but who have been denied boarding for unavailability of space. Exceptions of Eligibility: . In the event of such flight cancellation. or closure of runways.2. or other expenses of a personal nature. the options outlined in Article 9. 9. b. schedules or elsewhere are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss incurred by passengers as a result of such change. air traffic control requirements/restrictions. plus Five Hundred Pesos (PHP500. whether you have checked in or not.00) or its equivalent in foreign currency.00). The Passenger shall. . c. incapacitated Passengers. We will endeavor to adhere to published schedules in effect on the date of travel. the elderly and unaccompanied minors shall have priority over other Passengers. extend the validity of your booking. in addition to the liquidated damages. 9. c. a compensation equivalent to the full value of your unused fare plus the amount of One Hundred Fifty Pesos (PHP150. Philippine Currency for domestic flights and for passengers on international flights. the full value of your unused fare but not to exceed One Thousand Five Hundred Pesos (PHP1.

safety and security of all Passengers. is scheduled to arrive at the place of the Passenger's next stop-over. safety and security. We prohibit the consumption of alcoholic beverage brought from outside the aircraft. conduct yourself so as to endanger the safety of the aircraft or any person or property on board b. and all other directions of any crew member on your airphilexpress flight. any crew member c. b. or (2) substitution of equipment of lesser capacity when required by operational and/or safety reasons and/or other causes beyond the control of the Carrier. or c.2 Control of Passengers We will take all reasonable steps to maintain the comfort. b. force majeure. If you fail to comply with our requests in this regard. use infant restraints as directed. laptop computers. remote or radio controlled toys that could interfere with the flight. If necessary. c. Article 10 Conduct Aboard Aircraft 10. electronic games. strikes. you must comply with the following requirements. We reserve the right not to serve alcoholic drinks of the situation so warrants. in particular while the aircraft is moving on the tarmac do not operate any electronic devices including cellular telephones. do not smoke (see 10. h. i. or other causes beyond the control of the Carrier. CD players.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE You shall not be eligible for denied boarding compensation if: a. obstruct. k. we may restrain you or remove you from any flight anywhere. e. 10. for example if you: a. the flight for which the Passenger holds confirmed reservations is unable to accommodate him because of: (1) government requisition of space. g. f. Hearing aids and heart pacemakers are permitted. drink only alcohol served on your airphilexpress flight as part of its inflight bar service. j. the flight is cancelled due to operational and/or safety reasons.1 Obey directions To maximize passenger comfort. weather. walkie-talkies. we may retain the device until the end of the flight. laser products or transmitting devices. or place of his destination not later than three hours from the scheduled arrival time on the flight where he holds a confirmed reservation. d. stow Cabin Baggage under the seat in front of you or in the stowage bins. behave in a manner to which other Passengers may reasonably object . recorders.4) if you drink alcohol. when on board: a. at the time such arrangement is made. since Cabin Baggage may move during flight keep your seatbelt fastened at all times when seated remain seated with your seatbelt securely fastened during turbulence stay seated as directed. radios. be cautious when you open stowage bins. and do not behave in a manner to which other Passengers may reasonably object Passengers are not allowed to consume their own food on board. the Carrier arranges for comparable air transportation or for other transportation which. or refuse to comply with any direction of.

we will release it to you only if you: • • • produce adequate proof of entitlement to it undertake in writing to us that you will reimburse us for any loss.6 Customs Inspection: If required. you shall attend inspection of your Baggage. if we offload you. 11. produce your Baggage Identification Tag to us.4 Smoking prohibited Smoking is not permitted on any aircraft.4 Disposal of Baggage by us: If you do not collect your Checked Baggage and you have not claimed it within 90 Days after your flight. If we cannot identify you or contact you.3 Diversion costs caused by unacceptable behavior If as a result of your behavior we divert the aircraft to an unscheduled destination and make you leave the aircraft. it is your responsibility to immediately return the bag at your own cost to the baggage claims officer or airport manager at the airport where you collected it.2 If you cannot find your Checked Baggage: If you cannot find your Checked Baggage. 11. interfere with a crew member who is performing his or her duties aboard an aircraft e. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement. damage or expense incurred as a result of that release. 11. 10. we will use reasonable efforts to try to contact you if your baggage can be identified as belonging to you. you must pay us the reasonable and proper costs of the diversion.1 Collect your Checked Baggage: You must collect your Checked Baggage as soon as it is available for collection. you may be refused further carriage on airphilexpress and may be prosecuted for offenses committed on board the aircraft. we may sell or otherwise dispose of it without notifying you and without liability on our part. by customs or other Government officials.3 Release of Checked Baggage by us: If we have baggage you claim is yours but you do not have the Baggage Identification Tag. ARTICLE 11 1111 After the Flight 11.5 If you collect the wrong bag: If you pick up the wrong bag from the baggage carousel. We are not liable for any loss you may suffer if you leave Cabin Baggage on an aircraft when you disembark or if you leave any belongings in the airport terminal. and comply with any other applicable directions given to you by us. . 11.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE d. tamper or interfere with the aircraft or its equipment f. 10. 11. Only the person to whom the Baggage Identification Tag was issued is entitled to collect that Baggage.

a point of destination or agreed stopping place: . If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws. However. Carrier and certain other carriers have agreed under the 1966 Montreal Inter-Carrier Agreement that as to all International Carriage by such Carriers to which the Convention applies and which according to the Contract of Carriage includes a point in the United States of America as a point of origin. However. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us. Liability for loss. you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. and a charge may be payable. no refunds will be given for partly used fares. some changes may be permitted to the Booking provided the requisite amount of notice is given (see Fee Schedule). you shall reimburse us on demand any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket. Liability for domestic travel and liability for international travel vary according to the respective law. Article 12 Liability Limitations If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure. in accordance with Article 22 (1) of the Convention. regulations. or specified in these Conditions of Carriage. orders. demands or other travel requirements of the countries concerned or to produce any required documents.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE 11. LIMITS OF LIABILITY IN INTERNATIONAL CARRIAGE (a) Carrier shall avail itself of the limitation of liability provided in the Convention. REFUNDS 11. or any of your funds in our possession.8 No refund Except where required by law.7 Refusal of Entry: If you are denied entry into any country. delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. the Warsaw Convention or the Montreal Convention 1999 may be applicable and the Warsaw Convention or the Montreal Convention 1999 governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage. Otherwise failure to travel on a Booking will result in the fare being forfeited.

the liability of Carrier for death or injury of persons (including loss of earning capacity) attributable solely to the act. (2) (b) Nothing in the said Agreement shall be deemed to affect the rights and liabilities of such carriers with regard to any claim brought by. any person who has wilfully caused damage which resulted in death. on behalf of. shall not exceed the sum of Two Hundred Fifty Thousand Pesos (PHP250. omission or negligence of the Carrier and not by any cause beyond its control. or in respect of. (d) LIMITS OF LIABILITY IN DOMESTIC CARRIAGE DOMESTIC CARRIAGE OF PERSONS In the Domestic Carriage of persons. DOMESTIC CARRIAGE OF UNCHECKED BAGGAGE In the case of Baggage or objects which the Passenger takes charge himself in domestic carriage. the liability of the Carrier for loss. damage or delay was caused by the act . inclusive of legal fees and costs. DOMESTIC CARRIAGE OF CHECKED BAGGAGE In the Domestic Carriage of Checked Baggage. Philippine Currency. attributable solely to the act.00 inclusive of legal fees and costs except that. the liability of the Carrier for loss. Pursuant to Article 22 but subject to the provisions of Article 20 of the Warsaw Convention. the limit shall be the sum of US$58.00 or its equivalent. per kilogram.000. avail themselves of any defense under Article 20(1) of the Convention. unless the Passenger has declared a higher value at the time the Checked Baggage was handed over to the Carrier and has paid a supplementary sum therefore in accordance with Carrier's Tariffs. Carrier agrees to apply US$75.00 exclusive of legal fees and costs.000. wounding. is limited to the sum of Forty Pesos (PHP40. damage or delay of the Checked Baggage or of any object contained therein. for all International Carriage performed by Carrier.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE (1) the limit of liability for each Passenger for death. with respect to any claim arising out of the death. wounding or bodily injury. wounding or other bodily injury of a Passenger. as the limit of liability for Passengers death. including carriage which is not International Carriage as defined in the Convention. damage or delay. wounding or other bodily injury shall be the sum of US$75. for a journey which is not to. such carriers shall not.00). in case such loss. or other bodily injury of a Passenger (c) It is understood that each of such carriers has entered into the said Agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability on any other carrier with respect to the portion of the carriage performed by such other carrier or assumed any liability with respect to the portion of the carriage performed by such other carrier.000. in the case of a claim brought in a state where provision is made for a separate award for legal fees and costs.000. omission or negligence of Carrier and not due to any cause beyond the control of Carrier.00) Philippine Currency per passenger. from or with an agreed stopping place in the United States of America.

unless you prove otherwise. or disability. within seven (7) days of receipt of the Baggage. such as money. Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result. If in the case of Checked Baggage. a higher value is declared in writing pursuant to an excess valuation facility. you must notify us as soon as you discover the Damage. securities. attributable to your physical condition or for the aggravation of such condition. we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law. e. you must notify us within twenty-one (21) days from the date the Baggage has been . You shall be responsible for any Damage caused by your Baggage to other persons or property. our liability shall be limited to such higher declared value. Any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law. precious metals. j. h. b. Except where other specific provision is made in these Terms & Conditions. applies to our authorized agents. title deeds or samples. negotiable papers. We are not responsible for any illness. We will not be liable for any Damage arising from our compliance with applicable laws or Government rules and regulations or from your failure to comply with the same. If the weight of the Baggage is not recorded on the Baggage Identification Tag. c. The total amount recoverable from us and from such authorized agents. We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Unchecked Baggage including but not limited to fragile or perishable items. computers.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE or negligence of the Carrier and not by any cause beyond its control. or other valuables. employees and representatives to the same extent as they apply to us. Philippine Currency. We are not liable for any Damage caused by your Baggage. If you wish to file a claim or an action regarding Damage to Checked Baggage. d. is limited to Four Hundred Pesos (PHP400. Where Warsaw Convention is not applicable: Where your carriage is not subject to the liability rules of the Warsaw Convention. employees and representatives shall not exceed the amount of our own liability if any. g. include our property. f. including death. our liability in the case of Damage to Checked Baggage and Unchecked Baggage shall be limited to amount as provided for in the Fee Schedule .00). passports and other identification documents. and at the latest. The contract of carriage including these Terms & Conditions and exclusions or limits of liability. the following rules shall apply: a. jewelry. If you wish to file a claim or an action regarding delay of Checked Baggage. per Passenger. business documents. We will not be liable for Damage to Checked or Unchecked Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody. i. items having a special value. Article 13 Time Limitation on Claims and Actions Notice of Claims: Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of arrival is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage. it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. Nothing in these Terms & Conditions of the Conditions of Contract shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable laws unless otherwise expressly stated by us. servants. personal electronic devices. servants.

employee or representative of Carrier. or the date on which the aircraft was scheduled to arrive. or the date on which the carriage stopped. by conduct. you or your personal representative should notify us in writing as soon as possible. 14. Article 15 Topic Headings Topic Headings are for ease of reference only and are not part of these Conditions of Carriage. The method of calculating the period of limitation shall be determined by law of the court where the case is heard. Every such notification must be in writing and posted or delivered to us within the above periods. Limitation of actions: Any right to damages shall be extinguished if an action is not brought against us within twelve (12) months of the date of arrival at the destination. has authority to alter. modify or waive any provision of these Conditions of Carriage. Article 14 Modification and Waiver No agent.AIRPHIL EXPRESS CONDITIONS OF CARRIAGE placed at your disposal. -o0o- .1 Personal death or injury claims If you have a claim for personal injury or death . in writing or otherwise.