Air Transport Contract
1. In this Contract, “Ticket" means this passenger ticket and luggage ticket, and in the case of an electronic ticket, as applicable, this itinerary/receipt, and the Terms and Disclosures constitute an integral part thereof.
"Carriage" means the same as “Transportation" and “Conveyance."
“Airline Carrier" means any party that transports or undertakes to transport the passenger or their baggage in accordance with this contract or to provide any other service that supplements such air carriage.
"Warsaw Convention" – the Convention for the Unification of Certain Rules Concerning International Carriage by Air, signed in Warsaw on October 12, 1929, or this Convention as amended at The Hague on September 28, 1955, whichever is applicable.
"Montreal Convention" is a convention on the unification of certain rules for international air carriage, signed in Montreal on May 28, 1999 and adopted in Israel on March 20, 2011.
2. Carriage under this contract is subject to the rules and restrictions that apply to liability as prescribed in the Warsaw and/or Montreal Conventions, unless the Carriage in question is not regarded as “international carriage" as defined in those conventions.
3. Provided this does not conflict with the aforementioned provisions, any Carriage or other service rendered by any airline carrier is subject to: (1) the conditions included in this ticket (2) applicable rates (3) the Carriage Terms and related regulations of the airline carrier, which constitute an integral part of these Terms & Conditions, except for Carriage between locations in the United States or Canada and any location outside these countries, to which the applicable rates in those countries will apply; (4) these regulations.
4. The name of the airline carrier can be indicated on the ticket in abbreviated form, while its full name and its abbreviation are listed in the itinerary and schedules of the airline carrier. The address of the airline carrier will be the airport of departure indicated on the ticket opposite the first abbreviation of the airline carrier’s name, the agreed-upon stopover locations are those specified in the airline carrier’s schedules as registered stopover locations in the passenger's itinerary. Carriage under this contract that is provided by multiple and consecutive airline carriers shall be deemed to have been rendered by one airline carrier.
5. An airline carrier that issues a ticket for carriage on the line of another airline carrier does so as the agent of that other airline carrier.
6. Any exemption from liability or limitation of liability of the airline carrier shall apply to the agents, employees and representatives of the airline carrier and any party that owns the aircraft used by the airline carrier for Carriage purposes.
7. Checked baggage transported by way of an international carriage will be delivered to the person in possession of the baggage ticket issued by the airline. In case of damage to baggage, a written complaint must be presented to the airline carrier immediately after the discovery of the damage and within seven days of receiving the baggage. In case of late baggage receipt, a complaint must be furnished within 21 days of the baggage’s delivery.
8. This ticket is good for carriage on the dates specified on it only, and, unless otherwise stated, in case of changes to flight dates or airlines. The ticket’s validity is subject to full payment, therefore. The airline carrier may refuse to complete the Carriage if applicable Carriage fees are not paid. If this ticket is issued for a charter flight, it will be valid only for the specific flight for which it was issued.
9. The airline carrier undertakes to make every effort to carry the passenger and baggage within a reasonable amount of time. The airline carrier does not guarantee the times stated in schedules or elsewhere, and they do not form part of this contract. The airline carrier may, if necessary, change the schedules, use substitute airline carriers or aircraft, and, if necessary, change or remove any landing location specified on this ticket, and all without prior notice. The airline carrier is not responsible for any connection flights.
10. The passenger must follow state-prescribed travel requirements, present departure and entry documents and any other necessary documents and arrive at the airport at the time specified by the airline carrier or, if there is no set time, at a reasonable time that allows the completion of departure arrangements.
11. No employee and/or agent and/or any other representative of the airline carrier may change or waive any provision of this contract or any part thereof.
12. The airline carrier will not be held liable for damage caused by delays in the carriage of passengers and/or baggage as specified in the Warsaw Convention, as amended, and/or the Montreal Convention, as the case may be.
13. If any problem arises with respect to excess cargo on the plane, the airline carrier will select, at its absolute discretion, the passengers and objects that will be transported and those that will not be transported on the flight. Passenger whose carriage was refused as stated may cancel their ticket and receive a refund of their carriage fees.
14. Israir and/or the airline carrier will not be liable for any disappearance, loss, or theft of flight tickets and checked baggage tickets, and the passenger will not be entitled to another passenger ticket and/or baggage ticket in place of that lost or stolen, and will not receive any rights and/or compensation therefor.
Addendum to Air Transport Contract – Terms of Contract (Charter Flights)
Without derogating from the provisions of the above Carriage Contract, which will also apply, mutatis mutandis, to charter flights, following are additional provisions that govern such flights: This airline ticket is intended for a charter flight to be completed by the airline carrier whose name is stated in the itinerary (hereinafter in this chapter: the "Carrier" ), for the organizer (Charter Airline), which chartered the aircraft’s capacity or any part thereof, as an independent business and not as an agent of the airline carrier, as the term “Organizer” is defined in the Licensing of Aviation Services (Charter Flights) Regulations, 5742-1982.
1. The airline ticket and the carriage of passengers thereunder are subject to the terms of the contract between the airline carrier and the Organizer (Charter Airline).
2. The passenger purchased the right to carriage services provided by the Organizer (Charter Airline), and, therefore, the airline carrier is not required to meet the Organizer’s (Charter Airline’s) obligations towards the passenger or the acts or omissions of the Organizer (Charter Airline), unless such liability applies to the airline carrier in accordance with the terms of the contract between the carrier and Organizer (Charter Airline) or under applicable law.
3. Organizer: Israir Charter (1994) Ltd. and/or Israir International Limited Partnership.
4. Notwithstanding the provisions of Section 8 of the above Air Carriage Contract, this airline ticket is good for carriage only for the dates and flights specified in it or the dates and flights as changed by the Organizer.
Notice regarding the Warsaw and Montreal Conventions
The Warsaw Convention and/or Montreal Convention may govern the journey or any part thereof, including the passenger's final destination (as opposed to the country of departure) and/or any stopover. The aforementioned conventions govern, and in most cases limit, the liability of the airline carrier in case of death or bodily injury of passengers, and in case of loss or damage to luggage.
The provisions of the Montreal Convention govern air carriage whose place of departure and destination are in two countries that are parties to the Montreal Convention, or in only one country that is a party to the Montreal Convention, if a stopover in another country was agreed upon. Where both the Montreal Convention and the Warsaw Convention apply, the provisions of the Montreal Convention will prevail.
The limits of liability under those Conventions manifest themselves in special withdrawal rights that change from time to time.
See the notice below titled "Notice to passengers on international flights regarding limits of liability," and "Notice regarding limits of liability for luggage."
Notice to passengers on international flights regarding limits of liability
For passengers flying to the USA, from the USA or who have agreed-upon stopovers within the USA, the Convention and special carriage contracts included in the airline fares include a provision under which the liability of certain carriers that are parties to those special contracts in case of the death or personal injury of a passenger is limited in most cases to proven damages not exceeding US$ 75,000 per passenger, and liability up to the aforementioned limit will not depend on the airline carrier's negligence. The names of airline carriers that are parties to those special contracts are available to the passenger at every ticketing office of said airline carriers and can be reviewed upon request. As for passengers who fly with an airline carrier that is not a party to those special contracts or who is not flying to the USA, from the USA or stopping in an agreed-upon location within the USA, the liability of the airline carrier for the death or personal injury of passengers is limited in accordance with the applicable convention. In any event, every passenger is advised to purchase private insurance that covers such cases. The airline carrier’s limited liability under the Conventions or the above special carriage contracts does not affect the insurance. Further information can be obtained from the relevant carrier, and if the journey includes several flights through different carriers, the passenger must communicate with each carrier separately to ascertain those limits.
Notice regarding limits of liability for luggage
The airline carrier's liability for any loss, delay or damage to luggage is limited to certain types of valuable objects in accordance with the Warsaw Convention and/or the Montreal Convention that may apply to the journey or any part thereof, including the passenger's final destination (as opposed to the country of departure) and/or any stopover. The airline carrier is not liable for damage to fragile or perishable items, money, jewelry, precious metals, money, bills of exchange, securities or other valuable objects, business documents or samples, passports and identity cards included in the passenger's baggage. Further information can be obtained from the airline carrier. Passengers are advised to insure themselves at their own expense as of the reservation’s completion and approval by way of comprehensive and extensive personal insurance, including, inter alia, private insurance that covers loss or damage to luggage, and to review the terms of such insurance.
Refused entry due to overbooking
Airline carriers may overbook to mitigate the effect of no-shows and enable the availability of seats for passengers who would otherwise not have a seat on the flight. In countries that prescribe regulations that govern compensation in the event of overbooking, airline carriers have compensation programs for passengers who have an approved seat reservation who were prevented from boarding due to unavailable seats caused by overbooking. Details about these programs can be obtained at the airline carrier’s offices.
Refusal to carry passengers
The airline carrier may refuse to carry a passenger who holds a valid airline ticket and who refused to be inspected by security and/or local customs authorities or a passenger who exhibits inappropriate behavior or a passenger who refuses to follow instructions or a passenger in a state of intoxication or a passenger with a medical condition whose boarding would endanger their health and that of other passengers, or a passenger whose boarding would endanger the safety of the flight, in which case the passenger will not be entitled to a refund or compensation or any service from the airline carrier.
