Terms and Conditions of Carriage



ARTICLE 1 | DEFINITIONS

1.1   Meanings: In these Terms & Conditions, these particular expressions have the following meanings:

1.2   Captions: The title or caption of each Article of these Terms & Conditions is for convenience only and is not to be used for interpretation of the text.

ARTICLE 2 | APPLICABILITY

2.1   General: These Terms & Conditions apply to the carriage by air or by other means of transportation including surface transportation of Passengers and Baggage performed by us or on our behalf and to any liability we may have in relation to that carriage and transportation.

2.2   Terms & Conditions Prevail: Except as provided in these Terms & Conditions, in the event of inconsistency between these Terms & Conditions and our Conditions of Contract or any other regulations we may have dealing with particular subjects, these Terms & Conditions shall prevail.

2.3   Language: The language of these Terms & Conditions is English and even though there may be translations of these Terms & Conditions in other languages, English shall be the sole language used in the interpretation of these Terms & Conditions.

ARTICLE 3 | TICKETS/ ITINERARY

3.1   Prima Facie Evidence of Contract: The Itinerary is prima facie evidence of the contract for carriage between passenger and us. The Itinerary, these Terms & Conditions and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us.

3.2   Transferability: The contract for carriage is only transferable as provided in these Terms & Conditions and our Conditions of Contract.

3.3   Validity: The Itinerary is only valid for the Passenger named and the flight specified therein.

3.4   Identity: We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to produce appropriate identification at check-in.

ARTICLE 4 | FARES

4.1   General: Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier, and shall not be responsible to you for any connecting flights. We shall not be liable to you for your failure to meet any connecting flights.

4.2   Infants: The fees for infants between nine (9) days old to under the age of two (2) - 24 months) years old (on the date of travel for the first outbound flight) are provided for in the Fee Schedule. An infant may travel provided he sits on an adult's lap. Only one (1) infant is allowed for one (1) adult. No perambulators are allowed on board the aircraft. The number of infants is limited per flight due to safety regulations and as such, there may be a possibility that we may not be able to accommodate your request to carry infants with you.

4.3   Government Taxes, Charges and Insurance Surcharge: Any government taxes, charges or insurance surcharge imposed on air travel by the Government, 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, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such government taxes, 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. You shall nevertheless bear such government taxes, charges or insurance surcharge as and when they fall due prior to departure. Please refer to our Fee Schedule for amounts on taxes, charges and Insurance Surcharge.In the event of any refund case; we shall only refund the airport tax. This is only refundable if requested in writing within 30 days of the travel date and the refund is subject to a refund processing fees, where applicable. The carrier reserves the right to refund only to the person who originally paid for the ticket and refuse the refund when application is made later than 30 days after expiry date.

4.4   Currency: Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us.

4.5   Accuracy: All fares, prices, flight schedules, routes published, pre-booked products and services are correct at the time of publication and are subject to change at any time and from time to time without prior notice.

4.6   Applicable Fares:Applicable fares are those published by us or on our behalf, whether electronically or by way of other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated by us.

ARTICLE 5 | BOOKING OF SEATS

5.1   Confirmation of Booking: The booking of a Seat is confirmed after full payment of the fare is made and after we issue you a booking number and/or the Itinerary. Once confirmed, the booking cannot be cancelled and payments made are not refundable.

5.2   Group Bookings: These are governed by specific terms that vary from time to time. Please contact us for further details.

5.3   Flight Change: Once a booking number has been issued, flight changes are subject to the following terms: Inside of forty-eight (48) hours prior to the scheduled flight departure time, no changes are allowed. The charges for flight change outside of forty-eight (48) hours prior to the scheduled flight departure time are provided for in the Fee Schedule, subject to the following conditions:

5.4   Promotional Fares: Article 5.3 regarding Flight Change rules and Article 5.5 regarding Name Change do not apply to certain selected promotional fares.

5.5   Name Change: Once a booking number has been issued, you are not allowed to substitute the passenger named in the confirmed booking with another passenger’s name.

5.6   Payment: Fares must be paid in full when a booking is made. In the event that the fare has not been paid in full for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/or to disallow you to board the aircraft.

5.7   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, 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 helping us in any future dealings with you. For these purposes, 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, authorized agents and third-party business associates, government agencies, other carriers or the providers of the services mentioned above.

5.8   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. You will be allocated a seat upon check-in. We reserve the right to re-assign seats at any time, including after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, health or security reasons. Passengers are not allowed to move to seats of higher value when on board.

5.8.1   Advance seat request (ASR): Subject to availability you may pay a fee for an advance seat request (ASR) prior to the scheduled time of departure. Please refer to our Fee Schedule for the fee for an ASR. Where an ASR is purchased, we reserve our 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. We do not guarantee any specific seat reassignments, whether for an aisle, window, exit row, or other type of seat. We will, however, make reasonable efforts to honour paid seat assignments. Passengers are not allowed to move to seats of higher value when on board.

5.8.2 If at any time after successfully purchasing an ASR and our schedules are changed, terminated, delayed or merged due to circumstances which we reasonably consider to be beyond our control or for commercial reasons or reasons of safety, we shall at our option, either:

5.9   Inflight products: The provision of inflight products, services or advertised programmes is subject to availability. Inflight products or services are non-refundable and non-transferable once purchased. We do not accept any bookings or changes to inflight products or services within 24 hours from the scheduled flight departure time. We reserve the right, without prior notice, to amend/change the prices or substitute any component for inflight products or services. The boarding pass is proof of purchase of your pre-booked inflight products or services and must be presented to the cabin crew onboard to redeem the pre-booked inflight products or services. All prices and/or savings quoted for your inflight pre-booked products or services are correct at the time of booking.

5.10   Travel Insurance: As our liability to you is limited, we recommend that you purchase a travel insurance to cover:

  • changes in travel plans and travel cancellation
  • loss, delay or damage to Baggage and/or personal possessions
  • medical cost incurred including charges imposed by paramedics in cases of emergencies at ports of departure and arrival
  • ARTICLE 6 | CHECK-IN AND OTHER REQUIREMENTS OF CARRIAGE

    6.1.1   Check-In, Deadlines and Conditions: Our check-in counters are open one hour thirty minutes (1 hour 30 minutes) before the scheduled flight departure time for Domestic flights and one hour thirty minutes (1 hour 30 minutes) before the scheduled flight departure time for International. The counters close thirty (30) minutes before the scheduled flight departure time for Domestic flights and thirty (30) minutes before the scheduled flight departure time for International. Check-in deadlines may vary at different airports and for particular flights. 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. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, 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:

    6.1.2   Self-Check-in: We may offer a self-check-in facility. The facility is subject to specific requirements and restrictions to changes after checking in which may be viewed on our website under Self Check-in.

    6.1.3   Unavailability of Seat: There is a chance a seat may not be available for you on your flight even if your booking is confirmed. This is due to the common practice in the airline industry of overbooking. In the event of such unavailability of seat, we shall at our option, either:

    6.1.4   Sole remedies: The options outlined in Article 6.1.3 (a) to (b) are the sole and exclusive remedies available to you and we shall have no further liability to you.

    6.2   Boarding: You should be at the boarding gate at least thirty (30) minutes prior to scheduled departure. Boarding closes twenty (20) minutes prior to departure. If you arrive later than this at the boarding gate you will not be accepted for travel.

    6.3   No-show: You must be present at check in on time and be present at the boarding gate not later than the time specified by us at the time of check in. Failing to check in on time and boarding the aircraft by the time the aircraft departs, the fare you paid will not be refunded to you for any reason whatsoever.

    6.4   Compliance: You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms & Conditions, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.

    6.5   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, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. Your travel documents will be checked against various databases, including INTERPOL’s databases, for security, crime prevention and law-enforcement purposes. You are also responsible for ensuring that you have sufficient pages in your travel document to meet the entry requirements for the destination. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.

    6.6   Documents,Advisory:

      Domestic Routes: Adults are required to produce either one of the following documents in original for all domestic flights.

      International Routes: All passengers traveling on international routes must possess valid passports with at least six (6) months’ validity and the applicable valid visas. Such passengers shall possess a return on an onward journey ticket.

    6.7   Refusal of Entry: You agree to pay the applicable fare and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund the fare to you.

    6.8   Passenger Responsible for Fines, Detention Costs, Medical Costs etc.: 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, regulations, orders, demands or other travel requirements of the countries flown from, into or over or to produce the required documents, or administering any medical care including paramedic services in cases of emergencies at ports of departure and arrival, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession.

    6.9   Security Inspections: You shall submit to any security or health checks by Government or airport officials or by us.

    ARTICLE 7 | REFUSAL AND LIMITATION OF CARRIAGE

    7.1   Right to refuse carriage: We may refuse carriage of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that:

    7.2   Unaccompanied Child: Children below the age of 12 will not be accepted for carriage unless they are accompanied by a person of at least 18 years of age. Such child/children must be seated next to the accompanying adult. The accompanying adult is solely responsible for the well-being of the child/children traveling together with him/her. This also includes ensuring that seats are booked to ensure child/children and accompanying adult are seated together.

    7.3   Passengers with reduced mobility/medical condition: For safety reasons SKS Airways is unable to carry passengers with reduced mobility/ medical condition. * “reduced mobility” refers to paraplegic, quadriplegic and blind passengers. Please also refer to 7.3.1 (Travel with a Companion).Passengers with reduced mobility/medical condition: For safety reasons SKS Airways is unable to carry passengers with reduced mobility/ medical condition. * “reduced mobility” refers to paraplegic, quadriplegic and blind passengers. Please also refer to 7.3.1 (Travel with a Companion). We DO NOT accept wheelchairs/mobility devices (including battery-powered wheelchairs/mobility devices) on our flights, subject to Article 8.5 below. Unless otherwise determined by us, passengers with a medical condition / illness are required to produce a valid medical certificate dated no more than ten (10) days from the date of travel and sign a Limited Liability Statement upon check in confirming that they are fit to travel. For the safety of other passengers, we reserve the right to deny boarding passengers suffering from infectious, contagious or chronic diseases at our sole discretion. Passengers with specific requirements requiring special assistance and passengers with medical conditions / illnesses including those that may require administering or carrying medication / syringes onboard are requested to contact us: +607- 3360024 / 3365492 or email at: customercare@sksairways.com at least 48 hours before the scheduled flight departure date to make prior arrangement for the type of special assistance required. Passengers requiring wheelchair service are requested to pre-book the same at the time of booking or via Manage My Booking at least 5 hours before the scheduled flight departure time. Failure to notify us may result in any special assistance or wheelchair service being unavailable upon your arrival at the airport and you being refused carriage. For health and safety reasons passengers with specific requirements must check-in at the airport.

    7.3.1   Travel with a companion: We may require that you travel with a companion if:-

    7.3.2   Seating: We will make reasonable seating accommodations for Passengers with specific requirements in accordance with applicable laws. We reserve the right to re-assign seats at any time, including after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, health or security reasons.

    7.4   Pregnant Passengers: It is the duty of pregnant passengers to advise us of the progress of their pregnancy at the point of booking of Seat and at the check-in counter. Our carriage of pregnant passengers is subject to the following conditions:

    7.5   Infants 8 days and/or below: We reserve the right not to carry infants eight (8) days-old and/ or below. We may in our absolute discretion decide to carry such infants on our flights when such carriage is expressly sanctioned in writing by a medical practitioner and when the parent of the infant signs a Limited Liability Statement.

    ARTICLE 8 | BAGGAGE

    8.1   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: