Conditions of Contract


DOMESTIC FLIGHTS UNDER THE "IT" DESIGNATED CODE

"We", "our" "ourselves" and "us" means "Kingfisher Airlines Limited".

General Information – While compiling this information, we have endeavored to ensure that all information is correct. This information is subject to changes by us without prior notice. However, no guarantee or representation is made about the accuracy or completeness of the information contained herein.

Article 1 - What Particular Expressions Mean in these Conditions

As you read these conditions, please note that:
"We", "our" "ourselves" and "us" means “Kingfisher Airlines Limited”.
"You", "your" and "yourself” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "Passenger").
Flights are operated by Kingfisher Airlines Limited.
"AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.
"AIRLINE DESIGNATOR CODE" means the two characters or three letters which identify particular air carriers and in the case of “Kingfisher Airlines Limited” will mean “IT”.
"AUTHORISED AGENT". means a passenger sales agent who has been appointed by us to represent us in the sale of air transportation on our services
"BAGGAGE" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage.
"BAGGAGE CHECK" means those portions of the Ticket which relate to the carriage of your Checked Baggage.
"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage.
"CARRIER" means an air carrier other than ourselves, whose airline designator code appears on your Ticket or on a Conjunction Ticket.
"CHECKED BAGGAGE" means Baggage of which we take custody and for which we have issued a Baggage Check.
“CHECK-IN DEADLINE” means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.
"CONDITIONS OF CONTRACT" means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate, by reference, these Conditions of Carriage and notices.
"CONJUNCTION TICKET" means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage.
"COUPON" means both a paper Flight Coupon and an Electronic Coupon, each of which entitles the named passenger to travel on the particular flight identified on it.
"DAMAGE" includes death, wounding, or bodily injury to a Passenger, loss, partial loss or theft of or other damage to Baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.
"DAYS" mean 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.
"ELECTRONIC COUPON" means an electronic flight coupon or other value document held in our database.
"ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons 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 you are entitled to be carried.
“FORCE MAJEURE” means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.
"ITINERARY/RECEIPT" means a document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger's name, flight information and notices.
"PASSENGER" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "you", "your" and "yourself”).
"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
"STOPOVER" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
"TARIFF" means the published fares, charges and/or related conditions of carriage of an airline filed, where required, with the appropriate authorities.
"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.
"UNCHECKED BAGGAGE" means any of your Baggage other than Checked Baggage.

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Article 2 - Applicability

2.1 GENERAL
  Except as provided in Articles 2.2 and 2.4, our Conditions of Carriage apply to all domestic flights, or flight segments, operated by us or sold by us to you as principal.
2.2 CHARTER OPERATIONS
  If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated, by reference or otherwise, in the charter agreement or the Ticket.
2.3 CODE SHARES
  On some services we may have arrangements with other carriers known as "Code Shares". 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, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft at the time you make a reservation.
2.4 OVERRIDING LAW
  These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail.
If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.

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Article 3 - Tickets

3.1 GENERAL PROVISIONS
  3.1.1 We will provide carriage to the Passenger named in the Ticket, and you may be required to produce appropriate identification. We are however under no obligation other than to exercise ordinary prudence in verifying the validity, genuineness or authenticity of the identification produced.
  3.1.2 A Ticket is not transferable.
  3.1.3 Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs.
  3.1.4 You shall not be entitled to be carried on a flight unless you provide positive identification and a valid Ticket has been duly issued in your name.
  3.1.5 1 In case of loss or mutilation of a Ticket (or part of it) by you or non-presentation of a Ticket, upon your request we will replace such Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another carrier for misuse of the Ticket. We or the issuing carrier may charge a reasonable administration fee for this service.
  2 Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.
  3.1.6 A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost, stolen or damaged.
   
3.2 COUPON SEQUENCE AND USE
  3.2.1 The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket.
  3.2.2 Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed.
  3.2.3 Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example, if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many special fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or may be changed only upon payment of an additional fee.
  3.2.4 Each Ticket will be accepted for carriage in the class of service on the date and flight for which space has been reserved. When a Ticket is originally issued without a reservation being specified, space may be later reserved subject to our Tariff and the availability of space on the flight requested.
   
3.3 NAME AND ADDRESS OF CARRIER
  Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket.
Our address is: Kingfisher Airlines Limited
UB Tower, Level 12,
UB City, 24, Vittal Mallya Road,
Bangalore - 560 001, INDIA.
Tel: + 91 80 41979797 / 022-66499393 / 020-27293030 / 0124-2844700 / 18002333131 / 18001800101
Email Id: guestcare@flykingfisher.com
   

In compliance with The Civil Aviation Requirements under section 3 - Air Transport, Series 'M' Part IV, Issue I, dt.06.08.2010, w.e.f.15.08.2010 stipulated by the Directorate General of Civil Aviation, you are hereby informed that the “Nodal Officer” for settlement of passenger grievances is Ms. Snehal Parikh who may be contacted during working hours at the following number and address: +91 22 2856 6000; nodalofficer@flykingfisher.com. The “Appellate Authority” designated for the purposes of the said directive is Mr Gaurav Rathore who may be contacted during working hours at the following number and address: +91 22 2856 6000; appellate@flykingfisher.com.

     

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Article 4 - Fares, Taxes, Fees and Charges

 

4.1

FARES

 

 

Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may change the fare to be paid.

 

4.2

TAXES, DUTIES, FEES, CHARGES AND SURCHARGES

 

 

The amount of any applicable taxes, duties, fees, charges or surcharges payable by you is calculated as at the date of Ticket issuance. If there is a change in an existing tax, duty, fee, charge or surcharge, or a new tax, duty, fee, charge or surcharge is imposed, after the date of Ticket issuance, you will not be obliged to pay it or get a refund as the case may be, unless:
(a) you decide to change your travel dates which requires reissuance of the ticket or
(b) the tax, duty, fee, charge, surcharge (including User Development Fee) is to be paid to or is on behalf of a regulatory authority.

 

4.3

CURRENCY

 

 

Fares, taxes, fees and charges are payable in the currency indicated by us or our Authorised Agent at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may, at our discretion, accept payment in another currency.

 

 

 

 

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Article 5 - Reservations

 

5.1

RESERVATION REQUIREMENTS

 

 

5.1.1

We or our Authorised Agent will record your reservation(s). Reservations are not confirmed until recorded as accepted by us or our Authorised Agent. Upon request we will provide you with written confirmation of your reservation(s).

 

 

5.1.2

Certain fares have conditions which limit or exclude your right to change or cancel reservations.

 

 

5.1.3

We request that at the point of reservation you provide us or our Authorised Agent with a contact number for each city in your itinerary including the applicable country and area codes. You are also requested to provide your mobile phone number and e-mail address. This will assist us with informing you of any irregularities with a flight on which you are booked.

 

5.2

TICKETING TIME LIMITS

 

 

If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorised Agent, we may cancel your reservation.

 

5.3

PERSONAL DATA

 

 

You recognise that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining and for providing ancillary services or products that may be offered by us and/or our chosen partners from time to time, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other Carriers or the providers of the above-mentioned services. You also recognize that we and / or our chosen partners may contact you via email or other means to inform you of account status or changes or alterations to the service, or to inform you of other services provided or contemplated.

 

5.4

SEATING

 

 

Seating will ordinarily be initially assigned through advance reservation where available or during the check-in process at the airport for flights operated by us. We will endeavour to honour advance seating requests. However, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.

 

5.5

RECONFIRMATION OF RESERVATIONS

 

 

Reservations are not confirmed until recorded as accepted by us or our Authorised Agent. Onward or return reservations may be subject to the requirement to reconfirm the reservations within specified time limits. We will advise you when we require reconfirmation, and how and where it should be done. If it is required and you fail to reconfirm, we may cancel your onward or return reservations. However, if you advise us you still wish to travel, and there is space on the flight, we will reinstate your reservations and transport you.

You should check the reconfirmation requirements of any other Carriers involved in your journey with them. Where it is required, you must reconfirm with the Carrier whose code appears for the flight in question on the Ticket.

 

5.6

CANCELLATION CHARGE

 

 

The terms and conditions of cancellation and refund are available on our website under the relevant fare rules and you are deemed to have read and accepted them. On cancellation of a booking, the refund will be processed through the point of sale through which and the mode of payment by which the ticket was purchased.

 

5.7

ONLINE RESERVATIONS

 

 

Please refer to our website as this contains further terms and conditions relating to the use of and information provided by our online reservations facility.

 

 

 

 

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Article 6 - Check-in and Boarding

 

6.1

Check-in Deadlines may be different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honour them. Your journey will be smoother if you allow yourself ample time to comply with the Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. We or our Authorised Agents will advise you of the Check-in Deadline for your first flight on us. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines

For flights within India: Check-in usually starts 120 minutes before departure and the Check-in counters will be closed 45 minutes before departure time for all classes of guests.

Guests are requested to report 120 minutes prior to departure time at Srinagar, Jammu & Leh airports for check-in due to extra security measures.

Please note that guests travelling on flights originating from Jammu, Srinagar and Leh stations will not be allowed to carry any hand baggage.

 

6.2

You must be present at the boarding gate not later than the time specified by us when you check in;

 

6.3

If you are travelling as part of a group of 10 or more passengers, you are advised to arrive at least 90 minutes prior to the flight departure;

 

6.4

We may cancel the space reserved for you if you fail to arrive at the boarding gate in time;

 

6.5

We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article."

 

 

 

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Article 7 - Refusal and Limitation of Carriage

 

7.1

RIGHT TO REFUSE CARRIAGE

 

 

In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. In this circumstance you will be entitled to a refund. We may also refuse to carry you or your Baggage if one or more of the following have occurred or we reasonably believe may occur:

 

 

7.1.1

such action is necessary in order to comply with any applicable government laws, regulations, or orders;

 

 

7.1.2

the carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew;

 

 

7.1.3

your mental or physical state, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;

 

 

7.1.4

you have refused to submit to a security check;

 

 

7.1.5

you have not paid the applicable fare, taxes, fees or charges;

 

 

7.1.6

you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorised Agent, has been reported as being lost or stolen, or is a counterfeit, or you cannot prove that you are the person named in the Ticket;

 

 

7.1.7

you present a Ticket which has been issued or altered in any way, other than by us or our Authorised Agent, or the Ticket is mutilated;

 

 

7.1.8

you fail to observe our instructions with respect to safety or security;

 

 

7.1.9

you have refused or failed to undergo health screening or a health examination requested by us or by a government enforcement agency;

 

 

7.1.10

you have failed to complete the Check-In Deadline or failed to arrive at the boarding gate on time.

 

 

7.1.11

you have previously committed one of the acts or omissions referred to above, and we have reason to believe that you may do so again.

 

7.2

SPECIAL ASSISTANCE

 

 

Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.

 

 

 

 

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Article 8 - Baggage

8.1

FREE BAGGAGE ALLOWANCE

 

 

You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us or our Authorised Agents. The current limitations for the free Baggage allowance are as set out below in Article 8.2 and Article 8.3.

8.2

CHECKED BAGGAGE

 

8.2.1

The Free Baggage Allowance for Checked Baggage for Passengers is as follows:

 

 

 Kingfisher First Class

30 Kgs.

 Kingfisher Class

20 Kgs.

 Kingfisher Red

20 Kgs.

 

8.2.2

Upon delivery to us of your Baggage which you wish to check, we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.

 

8.2.3

Checked Baggage must have your name or other personal identification affixed to it.

 

8.2.4

Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you.

 8.2.5  (i) We shall charge INR 5000/- (Rupees Five Thousand) (or such other amount as may be notified by us from time to time) per firearm/sports arm/airgun and other such similar arms (hereafter referred to as “Firearm”) including ammunition up to 50 (fifty) cartridges per guest, for carriage of such items in Checked Baggage, subject to the following conditions -
  • In accordance with the applicable rules, regulations and guidelines, Firearms and ammunition carried by guests are only allowed in the Checked Baggage, which shall at all times be subject to our procedures in relation to acceptance of Checked Baggage.
  • Each guest is allowed to carry not more than 1 (one) licensed Firearm and up to a maximum of 50 (fifty) cartridges (hereafter referred to as “Permissible Ammunition”).
  • It is a pre-requisite for such guests to have a valid license for the Firearm issued in accordance with the Indian Arms Act, 1959, which must be valid for the purposes of travel.
  • In the event a guest, being a sportsperson by profession (hereafter referred to as “Sportsperson”) is travelling for the purposes of participating in a central or state government sports authority recognized shooting sports event within India in his/her individual capacity and not representing the country or state, which requires him/her to carry more than 1 (one) Firearm and/or more than the Permissible Ammunition, he/she shall be allowed to carry such required number of Firearms and ammunition in his/her Checked Baggage, subject to the presentation of the following documents:

    valid license/authorization for the Firearms and ammunitio;
     a  letter addressed to Kingfisher Airlines Limited from the President or Secretary of the concerned sports association/sports club (recognized by a central or state government sports authority), sponsoring him/her for the shooting sports event (recognized by a central or state government sports authority);
    • 
     valid photo identity issued by a government agency or the concerned sports association/sports club (recognized by a central or state government sports authority) within India sponsoring him/her; and
     the necessary authorization issued by the Directorate General of Civil Aviation (“DGCA”) for the carriage of the Firearms and ammunitions in accordance with the applicable rules, regulations and guidelines.
  • Firearms must be:
  • un-loaded;
  • separated from the ammunition; and
  • carried in a locked hard-sided container.
  • Ammunition must be securely packed and enclosed in cardboard or wooden/metal boxes or in such other manner which is safe and secure for the purposes of carrying small amounts of ammunitions.
  • Ammunition may also be located in the same hard-sided container of the Firearms, provided it is properly and securely packed as set out above.
  • Black powder and percussion caps used with black powder type fire arms are not permitted in the Checked Baggage or Hand Baggage.
(ii) Exemption from charges for carriage of Firearms and ammunitions - The following categories of persons are exempted from the charges for carriage of Firearms and ammunitions as set out above in Article 8.2.5 (i):    
  • Serving personnel from Defense forces, Para-military forces and Police, SPGs with/without protectees, PSOs of VIPs/VVIPs, if travelling on duty and carrying an official movement order issued by their concerned department authorizing the carriage of weapon and / or ammunition for official purposes;
  • Dignitaries of high risk categories exempted from pre-embarkation checks; and
  • Sportsperson travelling either domestic or International for a shooting competition or trial representing the country or state.

8.3

UNCHECKED BAGGAGE

 

8.3.1

Unless otherwise advised by us, only one piece of Unchecked Baggage per passenger will be allowed. The dimensions of the Unchecked Baggage should not exceed (L+B+H) - 55+35+25 totaling 115cms for Airbus aircraft and (L+B+H) - 50+45+20 totaling 115cms for ATR aircraft. The weight of the Unchecked Baggage must not exceed 7 kgs. Strolley bags with the above specified dimensions will be allowed.

 

8.3.2

We may specify other maximum dimensions and/or weight for Unchecked Baggage. If we have not done so, except as specified in 8.3.1, Unchecked Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Unchecked Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage, subject to Articles 8.6 and 8.7.

 

8.3.3

Contours are available at all airports to check the dimensions of Unchecked Baggage. If it exceeds these specifications, you will be requested to check-in the Baggage into the baggage hold. Unchecked Baggage is accepted in the cabin subject to availability of space in the overhead bin.

 

8.3.4

Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in Article 8.3.1 and Article 8.3.2 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may be required to pay a separate charge for this service.

8.4

EXCESS BAGGAGE

 

The Free Baggage Allowance is effective only on sectors operated by us. Any excess baggage beyond the permissible Free Baggage Allowance will be charged at carriage rates that vary from sector to sector. These rates are available from us upon request.

8.5

EXCESS VALUE DECLARATION AND CHARGE

 

8.5.1

If in accordance with our terms and conditions we offer an excess valuation facility, you may declare a value for Checked Baggage in excess of the applicable liability limits. If you make such a declaration, you shall pay the applicable charges.

 

8.5.2

Except as otherwise provided in our terms and conditions, excess value charges shall be payable at your point of origin for the entire journey to the point of destination; provided that, if at a stop-over en route you declare a higher excess value than that originally declared, additional excess value charges for the increased value from such stopover to final destination shall be payable.

 

8.5.3

We are unable to accept an excess value declaration on Checked Baggage when a portion of your carriage is to be provided by another carrier, which does not offer the facility.

8.6

ITEMS UNACCEPTABLE AS BAGGAGE

 

8.6.1

You must not include in your Baggage:

 

8.6.1.1

items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations. Further information is available from us on request although illustrative examples include:


Compressed gases (deeply refrigerated , flammable, non-flammable and poisonous), such as butane, oxygen, liquid nitrogen, aqualung cylinders and compressed gas cylinders such as camping gas.

Corrosives such as acids, alkalis, mercury and wet cell batteries and apparatus containing mercury.

Explosives, munitions, fireworks and flares, blank cartridges, pistols or any other weapons and pistol caps.

Flammable liquids and solids such as lighter refills, lighter fuel, matches, paints, thinners, fire-lighters, lighters that need inverting before ignition, substances liable to spontaneous combustion, substances which emit flammable gases on contact with water.

Radioactive materials

Briefcases and attaché cases with installed alarm or pyrotechnic devices.

Oxidizing materials such as bleaching powder and peroxides.

Poisons and infectious substances such as insecticides, weed-killers and live virus materials.

Other dangerous articles such as magnetised materials, offensive or irritating materials.

 

8.6.1.2

items the carriage of which is prohibited by the applicable laws, regulations or orders of governmental authorities;

 

8.6.1.3

items which are reasonably considered by us to be unsuitable for carriage because they are dangerous or unsafe, or because of their weight, size, shape or character, or because they are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.

 

8.6.2

Dry cell batteries, scissors, sharp instruments, tools, weapons such as antique firearms, toy weapons, swords, knives and similar items may be accepted as Checked Baggage, at our sole discretion, but will not be permitted in the cabin of the aircraft.

 

8.6.3

You must not include in Checked Baggage money, currency, jewellery, precious metals, computers, personal electronic devices, negotiable papers or instruments, securities or other valuables, business documents, passports and other identification documents or samples. To the extent that it is necessary to carry such items (at your risk), they should be carried in your Unchecked Baggage in the cabin. We will not bear responsibility for loss of or damage to such valuables in the event they are offered as checked Baggage by you.

 

8.6.4

Medicines and toiletries may be carried in limited quantities, which are necessary or appropriate during your journey (to the extent that carriage is permitted by the appropriate regulations). Otherwise, many of these items can be carried as air cargo provided they are packed in accordance with cargo regulations.

 

8.6.5

If, despite being prohibited, any items referred to in Articles 8.6.1 and 8.6.3 are included in your Baggage, we shall not be responsible for any loss or damage to such items.

8.7

RIGHT TO REFUSE CARRIAGE

 

8.7.1

Subject to Articles 8.6.2, 8.6.3 and 8.6.4 we will refuse to carry as Baggage the items described in Article 8.6, and we may refuse further carriage of any such items upon discovery.

 

8.7.2

We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content or character, or for safety or operational reasons, or in the interests of the comfort of other passengers. Information about unacceptable items is available upon request.

 

8.7.3

We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.

8.8

RIGHT OF SEARCH

 

For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in Article 8.6.1 or 8.6.4 or any firearms, ammunition or weapons. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or scan causes damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such damage.

8.9

COLLECTION AND DELIVERY OF CHECKED BAGGAGE

 

8.9.1

Subject to Article 8.2.4, you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. We bear no responsibility for failure to collect your Baggage at the time of disembarking the plane (in case of cabin Baggage) or at the arrival hall (in case of Checked Baggage). In the event we hold such Baggage on your behalf in good faith, we may charge you a storage fee. Should your Baggage not be claimed within reasonable time when in our custody, we may dispose of it without any liability to you.

 

8.9.2

Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage.

 

8.9.3

If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.

 

8.9.4

We do not accept responsibility for the transfer of baggage to other flights.

8.10

ANIMALS

 

We reserve the right, at our absolute discretion, to refuse to carry any animals. If we agree to carry any animals they will be carried subject to the following conditions:

 

8.10.1

You must ensure that animals such as dogs, cats, household birds and other pets, are properly crated (or carried in a container complying with any applicable legal requirements) and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit, failing which they will not be accepted for carriage. Such carriage may be subject to additional conditions specified by us, which are available on request.

 

8.10.2

If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable rate.

 

8.10.4

We are not responsible for injury to or loss, sickness or death of an animal which we have agreed to carry unless we have been negligent.

 

8.10.5

We will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal's entry into or passage through any country, state or territory and the person carrying the animal must reimburse us for any fines, costs, losses or liabilities reasonably imposed or incurred by us as a result.

8.11

ITEMS REMOVED BY AIRPORT SECURITY PERSONNEL

 

We will not be responsible for, or have any liability in respect of, articles removed from your Baggage by airport security personnel acting in accordance with any applicable regulations.

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Article 9 - Schedules, Delays, Cancellation of Flights, Overbooking, Denied Boarding

 

9.

SCHEDULES, CANCELLATION, REROUTING, DELAYS, DENIED BOARDING COMPENSATION ETC.

 

 

9.1

The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.

9.2

Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will endeavour to notify you of any such changes.

9.3  It is not uncommon for Passengers with confirmed tickets to fail to check in for their flights without giving sufficient notice to the applicable airline. In order to permit those seats to be used by Passengers who would otherwise not be able to travel on a chosen flight, Kingfisher flights are subject to the common commercial practice of overbooking, which means that we may confirm more reservations for a given flight than the actual seating capacity for that class of service on the aircraft in question. Consequently there is a small chance that a seat will not be available on the flight or in the class of service for which a Passenger holds a confirmed reservation.
9.4

When required by law or where practical to do so, we will first solicit volunteers who are willing to give up their reservation. Where insufficient volunteers present themselves we will deny boarding to Passengers on an involuntary basis in our absolute discretion. However, If you have complied with all applicable check-in requirements and we are unable to provide previously confirmed space, we shall provide compensation to those Passengers denied boarding in accordance with applicable law and our denied boarding compensation policy. A copy of our denied boarding compensation policy is available upon request, which is based on the  Civil Aviation Requirements under section 3 - Air Transport, Series 'M' Part IV, Issue I, dt.06.08.2010, w.e.f.15.08.2010.

Please click here to view our policy on Cancellation / denied boarding / delay and the Civil Aviation Requirements under section 3 - Air Transport, Series 'M' Part IV, Issue I, dt.06.08.2010 DGCA  CAR.

9.5 The Civil Aviation Requirements under section 3 - Air Transport, Series 'M' Part IV, Issue I, dt.06.08.2010, w.e.f.15.08.2010 has been stipulated by the Directorate General of Civil Aviation to apply in situations where there is denial of boarding, cancellation or delay of flight. A copy of the said directive is annexed to these Conditions of Carriage and you are advised to make yourself aware of its provisions. Upon the occurrence of any of the matters set out therein except as otherwise provided by the said directive or applicable law, the remedies provided therein are the sole and exclusive remedies available to you and we shall have no further liability to you.  We do not accept responsibility for your connection with onward flights with us or with any other airline and we do not accept any liability for any losses or expenses arising out of any failure to board a planned connection.
   

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Article 10 - Refunds

 

10.1

We will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, as follows:

 

 

10.1.1

Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.

 

 

10.1.2

If a Ticket has been paid for by a person other than the Passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid for the Ticket, or to that person's order.

 

 

10.1.3

Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.

 

 

10.1.4

The terms and conditions of cancellation and refund are available on our website under the relevant fare rules and you are deemed to have read and accepted them. On cancellation of a booking, the refund will be processed through the point of sale through which the ticket was purchased.

 

10.2

REFUND ON LOST TICKET

 

 

10.2.1

If you lose your Ticket or portion of it, upon your furnishing us with satisfactory proof of the loss, and paying a reasonable administration charge, refund will be made as soon as practicable after the expiry of the validity period of the Ticket, on condition:

 

 

 

10.2.1.1

that the lost Ticket, or portion of it, has not been used, previously refunded or replaced (except where the use, refund or replacement by or to a third party resulted from our own negligence).

 

 

 

10.2.1.2

that the person to whom the refund is made undertakes, in such form as may be prescribed by us, to repay to us the amount refunded in the event of fraud and/or to the extent that the lost Ticket or portion of it is used by a third party (except where any fraud or use by a third party resulted from our own negligence).

 

 

10.2.2

If we or our Authorised Agent lose the Ticket or a portion of it, the loss shall be our responsibility.

 

10.3

CURRENCY

 

 

We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.

 

 

 

 

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Article 11 - Conduct aboard aircraft

 

11.1

GENERAL

 

 

If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew, including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.

 

11.2

PAYMENT OF DIVERSION COSTS

 

 

If, as a result of conduct by you of the sort mentioned in Article 11.1 we decide, in the exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, you must pay all costs resulting from that diversion.

 

11.3

ELECTRONIC DEVICES

 

 

For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.

 

11.4

NON-SMOKING AND ALCOHOL

 

 

In order to comply with applicable law, smoking on flights and/or the consumption of alcohol on flights is prohibited. As a separate precautionary measure, all toilets are also fitted with smoke detectors.

 

 

 

 

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Article 12 - Arrangements for Addtional Services

 

12.1

If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.

 

12.2

If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.

 

 

 

 

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Article 13 - Administrative Formalities

 

13.1

GENERAL

 

 

13.1.1

You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries and territories to be flown from, into or through which you transit.

 

 

13.1.2

We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions

 

13.2

TRAVEL DOCUMENTS

 

 

Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries and territories concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.

 

13.3

REFUSAL OF ENTRY

 

 

If you are denied entry into any country, 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. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.

 

13.4

PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.

 

 

If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, 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, or any of your funds in our possession.

 

13.5

INSPECTION

 

 

If required, you shall attend inspection of your Baggage, by Government officials. 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.

 

13.6

SECURITY INSPECTION

 

 

You shall submit to any security checks by Governments, airport officials, Carriers or by us.

 

 

 

 

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Article 14 - Advice to Passengers on Limitation of Liability

 

14.1

DEATH OF OR INJURY TO PASSENGERS

 

 

14.1.1

The liability of Kingfisher Airlines Limited for damage sustained in the event of the death or any bodily injury suffered by a Passenger or damage to the Passenger’s registered baggage during the course of carriage by air will be governed by the provisions of sections 4, 5, 6 and the rules contained in the Second Schedule of the Carriage by Air Act, 1972 with such exceptions, adaptations, modifications, etc. as notified. We will not be liable for damage to Unchecked Baggage unless such damage is caused by our negligence.

 

 

14.1.2

We are not liable for any damage caused by your Baggage. You shall be responsible for any damage caused by your Baggage to other persons or property, including our property.

 

 

14.1.3

We shall have no liability whatsoever for damage to articles not permitted to be contained in Checked Baggage including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples

 

14.2

GENERAL

 

 

14.2.1

If we issue a ticket or if we check Baggage for carriage on another carrier, we do so only as agent for the other Carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last Carrier.

 

 

14.2.2

We are not liable for any damage arising from our compliance with or your failure to comply with applicable laws or Government rules and regulations.

 

 

14.2.3

Except as may be specifically provided otherwise in these Conditions of Carriage or by applicable law, we shall be liable to you only for recoverable compensatory damages for proven losses.

 

 

14.2.4

The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as it and they apply to us. The total amount recoverable from us and from such authorised agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.

 

 

14.2.5

Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under applicable laws.

 

 

14.2.6

Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability or any defence available to us under applicable laws as against any public social insurance body or any person who is liable to pay compensation or has paid compensation in respect of the death, wounding or other bodily injury of a Passenger.

 

 

 

 

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Article 15 - Passengers with a Disability

 

15.1

GENERAL

 

 

15.1.1

If you are a passenger with a disability and require special assistance, you should inform us at the time of booking of your special needs.

 

 

15.1.2

If you are a passenger with a disability we will carry you where arrangements have been made to provide for your special needs. If you do not inform us at the time of booking of your special needs, we will nevertheless use reasonable efforts to accommodate your special needs.

 

15.2

SEATING

 

 

We will endeavour to meet your seat requests subject to availability and applicable safety rules and regulations.

 

15.3

TRAVEL WITH AN ATTENDANT

 

 

We may require that you travel with an attendant if it is essential for safety or you are unable to assist in your own evacuation from the aircraft or you are unable to understand safety instructions. You will be responsible for the expense relating to such travel.

 

15.4

STRETCHERS

 

 

We reserve the right to cease accepting passengers who must travel on a stretcher on any flight.

 

 

 

 

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Article 16 - Other Conditions

Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern among other things:
(i) the carriage of unaccompanied minors, pregnant women, and sick passengers,
(ii) restrictions on use of electronic devices and items;
(iii) the on board consumption of alcoholic beverages.
Regulations concerning these matters are available from us upon request.

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Article 17 - Interpretation

The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text

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Article 18 - Card Payment

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

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