In these Conditions of Carriage the expressions set forth below shall have the following meanings:
(a) “Airline”, “We”, “we”, “Our” or “us” refers to FitsAir.
(b) “Airline Designator Code” means the two (02) or three (03) characters which identifies a particular airline.
(c) “Baggage” or “baggage” means the Passenger’s personal property accompanying the Passenger on the journey either taken on board the aircraft or accepted by FitsAir at the same time of boarding such passenger on the aircraft in such circumstances as set out hereinafter for transportation and delivery to such passenger at the agreed Destination set out in the Passenger Ticket by any other method of transportation including surface transportation. Unless otherwise specified, Baggage referred herein includes both the Passenger’s Checked and Unchecked Baggage.
(d) “Baggage Tag ” means a document issued to Passengers by FitsAir as a receipt for Checked Baggage and which relates to the carriage of your Checked Baggage.
(e) “Carriage” means the transportation of Passengers and Baggage provided under the contract of carriage as evidenced by the Ticket issued to the Passenger.
(g) “FitsAir” is the brand name of Fits Aviation (Private) Limited;
(h) “Checked Baggage” means Baggage which FitsAir has taken delivery of from a Passenger for the purpose of transportation for which a Baggage Tag has been issued;
(i) “Conditions of Carriage” means those statements contained in or delivered with any Ticket or Itinerary issued including inter alia these terms, conditions and notices, which are hereby incorporated by reference into all Tickets issued for travel on FitsAir, available at the office(s) and on the Website of FitsAir;
(j) “Convention” means whichever of the following instruments as are applicable to the carriage performed by FitsAir:- (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12 1929, as amended by the Hague Protocol of September 28 1955 and/or (ii) the Montreal Convention of 1999 and any amendments made thereto or such other international convention or legal instrument which has been given the force of law in Sri Lanka governing inter alia the rights and obligations of Passengers vis a vis a the air carriers.
(k) “Damage” means and includes death, wounding, or bodily injury to a Passenger, loss, partial loss, theft destruction or other damage to Baggage, arising during transportation by air or in the course of embarkation or disembarkation in relation to Carriage performed by FitsAir;
(l) “Electronic Coupon” means an electronic flight coupon or other value document held in the database of FitsAir.
(m) “Electronic Ticket” means the Itinerary/Receipt issued by the airline or on behalf of the airline, the Electronic Coupon and if applicable, a boarding document.
(n) “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.
(o) “Force Majeure” means and includes any laws, regulations, requirements, acts, demands, orders, interposition’s or interference of any governmental authority, acts of God, sanctions (financial or otherwise), seizure by government under legal process, hijacking, riots, civil commotion’s, strikes or labour stoppage (whether resulting from disputes between a party hereto and its employees or between other parties whose involvement is essential for the operation of the Aircraft), for, fog, flood, weather, inability to obtain fuel, quarantines, requisition of the Aircraft, Governmental military airlift requirements, war, rebellion, insurrections, hostilities or hazards or dangers incident thereto, damage or accident to the Aircraft or failures, failure or refusal by any governmental authority to issue approvals, clearances, permits, operating, layover or traffic rights or rescission or revocation thereof provided that timely applications for such approvals, clearances, permits or rights, aircraft on ground (AOG) situation due to technical defects in the aircraft or any other cause whatsoever which is reasonably beyond the control of FitsAir.
(p) “Itinerary/Receipt” means a document or documents issued by or on behalf of FitsAir to Passengers including Electronic Tickets that contains the Passenger’s name, flight information and notices.
(q) “Passenger” means any person (except members of crew) travelling on FitsAir on a valid Ticket who may in these Conditions of Carriage be sometimes referred to as “You” “you” or “Your”.
(r) “SDR” or “Special Drawing Rights” means an international recognized currency unit defined by the International Monetary Fund based upon the values of several leading currencies, which fluctuate and are re-calculated each banking day.
(s) “Tariff” means fares and charges published by FitsAir electronically or on paper and conditions applicable thereto.
(t) “Ticket” means the passenger ticket and Baggage Check, or itinerary/receipt issued by FitsAir or on its behalf and includes electronic tickets, these Terms and Conditions of Carriage, notices including the notice of liability limitation and Coupons all of which shall form part and parcel of the contract of Carriage between Passenger and FitsAir.
(u) “Unchecked Baggage” means any of Baggage other than Checked Baggage.
(v) “Website” means the internet site www.fitsair.com provided by FitsAir for the purpose of Passengers making online bookings and to access information about the airline.
2.1. General: These Conditions of Carriage apply to the carriage by air Passengers and Baggage performed by or on behalf of the airline and in relation to any liability the Airline may have in relation to that Carriage and transportation
2.2. Charters – If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply to the extent they are incorporated in such charter agreement.
2.3. Terms & Conditions Prevail: Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail.
2.4. Overriding Law – In the event any provision of these Conditions of Carriage are adjudged or deemed to be illegal, invalid, void and or unenforceable, the remaining provisions of these Conditions of Carriage shall not in any way be affected or impaired but shall remain binding to such extent as permitted by applicable law.
3.1. Tickets shall only be valid for the date, destination and Passenger specified thereon.
3.2. All tickets are non- refundable.
3.3. The Ticket shall constitute prima facie evidence of the contract of Carriage between the Passenger and FitsAir.
3.4. FitsAir will provide carriage only to the Passenger named in the Electronic Ticket /Itinerary. The Passenger will therefore be required to produce appropriate identification at check-in.
4. FARES, TAXES, FEES AND CHARGES/SURCHARGES
4.1. Fares apply only for Carriage from the airport/dock at the point of origin to the airport/dock at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports/ terminals/docks and hotels. Passenger’s fare will be calculated in accordance with FitsAir’s Tariff in effect on the date of payment of Passenger’s Ticket for travel on the specific dates and itinerary shown on it. Should the Passenger change his itinerary or dates of travel, or any conditions applicable to the Passenger’s original contract of Carriage, this may impact the fare paid.
4.2. 20%of the adult fare payable by any Passenger shall be charged for an infant who is between the ages fifteen (15) days old to two (02) years and such infant will be allocated the same seat as the parent/guardian.
4.3. Passengers who are more than one hundred and ten (110) kgs of physical weight are required to pay for two (2) seats on the airfares or rates. This charge should be done at time of booking. FitsAir reserves the right to refuse to board any Passenger who has not complied with this requirement or to make such additional charge prior to acceptance for boarding/carriage on a space available basis.
4.4. Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full when a booking is confirmed for any reason whatsoever, the Airline reserves the right to cancel the booking prior to check-in and/or to disallow the Passenger to board the aircraft
4.5. All fares, flight schedules and routes published are correct at the time of publication. The airline reserves the right to revise any fares and flight schedules at any time and from time to time without prior notice
4.6. The Passenger hereby acknowledges and agrees that personal data has been provided to the Airline for the purposes of making bookings for carriage and to provide the Passenger with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis and to facilitate any future dealings with Passenger. For these purposes, by entering into a contract of Carriage with the airline the Passenger authorizes the Airline to retain and use personal data and to transmit same to its own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above
4.7. Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by the Passenger. At the time the Passenger purchases the Ticket, the Passenger will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, the Passenger will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, the Passengers shall be obliged to pay it. Similarly, in the event any taxes, fees or charges which the Passenger has paid to FitsAir at the time of Ticket issuance are abolished or reduced such that they no longer apply to the Passenger, or a lesser amount is due, the Passenger will be entitled to claim (a written claim) a refund within 30 working days after the claim has been submitted. Whilst there will otherwise be no increase in the price of a Ticket after it is issued and paid for, FitsAir reserves the right to impose a surcharge to reflect increased costs resulting from any exceptional event or circumstances.
5. CHECK-IN, BOARDING AND CONDUCT
5.1. Check in will be 60 minutes prior to the scheduled time of departure. The Passenger is responsible for ensuring that all travel documents including a valid ticket and passport and/or National Identity Card required to identify the Passenger are available at the time of check in.
5.2. FitsAir reserves the right to refuse carriage or to refuse to check in a Passenger, without any liability to such Passenger and without having to refund any fare paid, in the following circumstances:
5.2.1. if the Passenger reports or attempts to check in at any time where less than thirty (30) minutes remain to the scheduled departure time of the flight;
5.2.2. if the Passenger has not fully paid any fare or other fees or charges due to FitsAir;
5.2.3. if the Passenger has been violent to the airline staff or caused disturbance at the counter or abused airline staff whether physically or verbally;
5.2.4. if in the judgment of the airline, the Passenger is not fit to travel due to drunkenness or any obvious adverse medical condition or poses or could pose a danger or threat to the health and safety of other Passengers, the Aircraft or its operations.
5.3. Failure to produce the necessary documents may result inFitsAir refusing to permit the Passenger to board the aircraft, forfeiting the Passenger’s seat and/or reallocating the same. FitsAir shall be under no liability whatsoever to the Passengers’ in respect of such forfeiture and reallocation and/or refusal to board the aircraft as aforesaid.
5.4. There are seat allocations according to specific seat numbers. FitsAir operates a single-class and allocated seating policy. Priority for boarding is given to the handicapped, elderly and those travelling with children;
5.5. The Passenger shall not enter or stay in the aircraft in any event wherein the opinion of any servant or staff of FitsAir, his/her mental status or physical condition is objectionable to other passengers, or it involves him/her being a hazard to himself/herself, other persons or property and FitsAir shall not be liable or responsible to provide substituted Carriage for such a person.
5.6. The Passenger shall remain seated at all times during the flight.
5.7. The Passenger shall not smoke in or in the vicinity of the aircraft, throw anything from the aircraft or walk in or about in front of the aircraft or in the vicinity of the engine and propeller at any point.
5.8. The Passenger shall not, whilst on board the aircraft, consume any intoxicating beverage.
5.9. If the Passenger fails to check in on time or fail to board the aircraft by the time the aircraft departs, the fare paid by the Passenger will not be refunded for any reason whatsoever.
5.10. The Passenger shall submit to any security or health checks by Government of Sri Lanka or airport officials or as required by the airline.
6. REFUSAL AND LIMITATION OF CARRIAGE
6.1. Passengers acknowledge that those with special needs (except for accompanied minors) cannot be accommodated usual circumstances due to the inability to provide adequate facilities at all locations. Passengers with special needs are required to contact FitsAir for confirmation of acceptance prior to purchasing tickets.
6.2. Passengers acknowledge that the aircraft operated by FitsAir is unpressurised and that FitsAir cannot accommodate Passenger’s with altitude related health problems. The Passenger shall be responsible for disclosing any such health related problems before boarding which will require medical clearance in writing from their doctor in order to travel.
6.3. Expectant Mothers – Expectant mothers shall require medical clearance from their doctor in order to travel which shall be evidenced by a doctor’s certificate, obtained not more than one week prior to travel, confirming fitness to travel and stating the following compulsory information: 1. Duration of the pregnancy, 2. Expected delivery date (EDD), 3. Blood pressure
6.4. Infants – FitsAir regrets that it is unable to accommodate Infants within fifteen days of birth for Carriage for health and safety reasons
6.5. Unaccompanied Minors – FitsAir regrets that it is unable to accommodate any Unaccompanied Minor/s (UM) for Carriage for safety reasons.
6.6. The Passenger hereby acknowledges that all services of FitsAir are entirely at the Passengers own risk. FitsAir shall not be responsible for any direct/indirect losses arising from including but not limited to pregnancy, travel sickness, altitude health related problems and any undisclosed health condition inherent to the Passenger.
- Cessna 208 Aircraft:
Checked – in Baggage – The checked-in baggage allowance is 7kg per passenger. Any checked-in baggage exceeding weight allowance will be subject to space availability and at the applicable charges determined by FitsAir from time to time. In any event no one (l) piece of baggage shall be in excess of 7kg.
- ATR72 Aircraft:
Checked – in Baggage
For Domestic flights: No free checked-in baggage is allowed. Any checked-in baggage shall be subject to applicable charge of Rs.750.00 for 1st 20 kgs or a part thereof.
Above 20kgs, the rate applicable is Rs.100.00 per kg. Maximum baggage limit per person is 40 kgs. Dimensions of each Checked-in baggage shall be less than 158 cm (height + width + length).
International Flights : Single piece of baggage with maximum weight of 20kg is allowed. Dimensions of each Checked-in baggage shall be less than 158 cm (height + width + length).
7.2. It is the objective of FitsAir to always to carry Baggage along with the Passenger in the same flight. However, there may be instances when Baggage may have to be sent by a later flight or through secured ground transportation provided by FitsAir, due to weight restrictions on the aircraft. In these circumstances Passengers must be aware that Baggage will be delivered at Destination several hours after the flight lands or in the case of departing Passengers, baggage will be collected several hours before, or in some instances the evening prior to, the scheduled departure of the flight. FitsAir will not in any circumstance be liable for delay in the transportation of Baggage in the circumstances set out herein above which for all intents and purposes shall deemed to be transportation provided by FitsAir under the same contract of Carriage.
7.3. FitsAir is not responsible for objects of value in any Passenger’s checked-in baggage (including jewellery, antiques, important documents, computer laptops, etc.). These types of articles or any essential medical supplements must be carried on the Aircraft by the Passenger, not exceeding 2 kgs in weight as carry on baggage
7.4. Carry – on Baggage
Cessna 208 aircraft:
The Passenger may take aboard one carry–on bag with a maximum weight of 2kg. Given the size of the aircraft, carry-on baggage will need to be handed over to the crew prior to or after boarding. The Passenger is solely responsible for ensuring that all personal/valuable belongings such as passports and wallets are with the Passenger before the Passenger boards.
For Domestic and International flights: The Passenger may take aboard one carry–on bag with a maximum weight of 7kg. The Passenger is solely responsible for ensuring that all personal/valuable belongings such as passports and wallets are with the Passenger before the Passenger boards.
7.5. For safety reasons, the Passengers are prohibited from taking into the aircraft or including in his or her Baggage any flammable liquids and solids, poison, radioactive material, explosives, volatile spirits, firearms, ammunitions, compressed gases, corrosives, lighters or matches, any easily ignitable article or any offensive thing likely to cause inconvenience to passengers or anything likely to endanger the aircraft, passengers or crew.
7.6. Excess Baggage – An excess baggage rate of – US$ 5.00 per kg will be charged for baggage exceeding the regular allowance of 7 kg.
7.7. Fragile Baggage – FitsAir will only undertake to carry fragile baggage at the risk and expense of the Passenger. Whilst FitsAir will endeavour to ensure that fragile items are carried with due caution, it is unable to accept any responsibility or liability in case of damage during Carriage.
8. SCHEDULES DELAYS AND CANCELLATIONS
8.1. FitsAir reserves the right to effect changes to the timetables between the date of publication and the date of travel. FitsAir makes no guarantee pertaining to the timings stated on the published timetable to the Passenger and shall not be liable in any manner to the Passenger on account of delay resulting from any changes or variations to flight schedules, timings or cancellation of flights. FitsAir shall nevertheless make all endeavours to provide transportation to the Passenger with due despatch and as close possible to the schedules and the agreed timings as set out in the Ticket.
9. LIMITATION OF LIABILITY
9.1. The Warsaw/Montreal Convention System is applicable to all journeys and the said Conventions govern and may limit the liability of Airline for death or bodily injury, for loss of or damage to baggage, and for delay.
9.2. If the Montreal Convention applies, the limits of liability are as follows:
9.2.1. There are no financial limits applicable to the liability of the Airline in respect of death or bodily injury in respect of provable damages.
9.2.2. In respect of destruction, loss of, or damage or delay to baggage the liability of the Airline is limited to, 1,131/- SDRs Rights (approximately EUR 1,357; US $1,663) per passenger in most cases.
9.2.3. For damage occasioned by delay the liability of the Airline is limited to, 4,694 Special Drawing Rights (approximately EUR 5,655; US $6,786) per passenger in most cases
9.3. If the Warsaw Convention as amended by the Hague Protocol applies, the following limits of liability may apply:
9.3.1. The liability of the Airline is limited to 16,600 Special Drawing Rights (approximately EUR 20,000; US $20,000) in respect of death or bodily injury,
9.3.2. The liability of the Airline is limited to Special Drawing Rights (approximately EUR 20; US $20) per kg for loss of or damage or delay to checked baggage and 332 Special Drawing Rights (approximately EUR 400; US $400) for unchecked baggage.
Further information may be obtained from FitsAir as to the limits applicable to your journey. Regardless of which Convention applies to your journey, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.
9.4. Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the Passenger.
10.1. It is possible FitsAir may need to change the scheduled flight time subsequent to issuance of the Ticket. If the Passenger provides FitsAir with contact information, FitsAir will endeavour to notify the Passenger of any such changes. FitsAir shall not accept any responsibility or liability if such notice is not provided.
10.2. Arrangements for Additional Services – FitsAir acts only as the Passenger’s agent, in the event that it makes arrangements for and on behalf of the Passenger or issues a ticket/voucher relating to transportation/services offered by any third party to provide any services other than carriage by air, (i.e. hotel reservations or car rental). The terms and conditions of the third party service provider will apply to such services.
10.3. In the event FitsAir in its absolute discretion provides surface/ground transportation to Passenger, other conditions may apply to such transportation/services, as applicable. Such terms and conditions are available from FitsAir upon request.
10.4. FitsAir will not carry any animals/birds on the aircraft.
10.5. FitsAir reserves the right, without notice, to cancel any flight or to substitute any aircraft for that originally scheduled or to transfer the Passenger without notice to any other aircraft or flight and all the conditions of the Ticket shall remain applicable to such substituted Carriage.
10.6. FitsAir may arrange with any person or corporation to undertake the Carriage hereby contracted for any part thereof or any service auxiliary thereto including the transportation of the passenger, his Baggage to and from any aerodrome or taking off or landing place and any such person or corporation and his servants, agents or employees shall be entitled to the benefits of these conditions to the same extent as the FitsAir.
10.7. Notwithstanding the place of issue of the Ticket or travel documents this contract shall be governed and construed in accordance with the laws of Sri Lanka.
10.8. Passengers’ shall comply with the instructions of FitsAir, its servants or agents concerning all matters connected with or consequential to the air service and shall comply with the conditions of this Ticket and the terms of any notice exhibited in the aircraft. The Passenger shall be responsible for any loss or damage occasioned by non-observance of any instructions, conditions or notice.
10.9. No agent, representative or third party have the authority to alter, modify or waive any provisions of this contract.
11. Refund and Date Change Policy
Refund Policy: Only applicable tax portion will be refunded for cancellation of bookings
Date change: Processing fee of Rs.5000 + price difference
12. Flight Cancellation Policy
Flight cancellation: Transfer to next available flight, or refund 100%. Mode of refund will be mode of payment within 02 working days