General Terms and Conditions of Carriage

• "Baggage" or "baggage" means your personal property accompanying you in connection with your trip. Unless otherwise
• "Baggage Identification Tag" means a document issued by us solely for identification of Checked Baggage. 
• "Checked Baggage"means baggage of which we take custody and for which we have issued a Baggage Identification Tag. 
• “Convention”means the following instruments as applicable to the Passenger’s travel: 

• "Damage" includes death, bodily injury to a Passenger, delay, loss, partial loss or other damage to a Passenger’s Baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.
• "Electronic Coupon" means an electronic flight coupon or other value document held in our database.
• "Electronic Ticket" means the Itinerary issued by us or on our behalf, the Electronic Coupon and if applicable, a boarding document.
• "Fee Schedule" means the fees and charges for Baggage, modification and cancellation of Itinerary established or any other fees or charges denominated and published on our Website.
• "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.
• "Itinerary" means the document we issue to Passenger that includes the Passenger's name, flight information, booking number, Conditions of Contract and notices.
• "Passenger","you", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft with our consent.
• "Route" means the flight from the airport at the point of origin to the airport at the point of destination.
• "SDR" means the flight from the airport at the point of origin to the airport at the point of destination.
• "Ticket" means the Itinerary and includes the Electronic Ticket and Electronic Coupon issued by us or on our behalf and including the Conditions of Contract and notices contained in it.
• "Terms & Conditions" means these Terms and Conditions of Carriage.
• "Unchecked Baggage" means any baggage other than Checked Baggage including all items brought by you into the aircraft cabin.
• "We", "our", "ourselves", means SKS Airways Sdn. Bhd. (1255370-P).
• "Website" means the internet site www.sksairways.com provided by us for the purpose of Passengers making online bookings and to access information about us.

• Within -seventy two (72) hours prior to the scheduled flight departure time, no changes are allowed.
• You may request to change the flight date or flight time at the latest twenty four (24) hours prior to the scheduled flight departure time, subject to the following conditions:
  • If a lower fare is available, the difference in fares will not be refunded to the Passenger;
  • If the new Ticket to be booked is in a higher fare class than that of the cancelled Ticket, the difference in fares shall be paid by the Passenger before the change can be performed;
  • Changes are not confirmed until we issue you a new Ticket;
  • Changes on the Route or reversing the direction of travel are not allowed; and
  • Changes can only be processed at our Airport Ticketing Office.

• making a reservation and issuing a Ticket,
• providing ancillary services and facilities,
• facilitating immigration and entry procedures,
• accounting, billing and auditing,
• verifying payment cards or other payment methods,
• security, administrative and legal purposes,
• systems testing, maintenance and development,
• statistical analysis, and
• our future dealings with you.

• carry you on the same ASR or a seat of equivalent value to your ASR on the next available flight; or
• carry you on any randomly assigned seat and thereafter refund you the ASR payment.
•  

• carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your booking; or
• should you choose to travel at another time, reimburse the value of your fare in a credit account within thirty (30) days for your future travel provided that you must re-book within three (3) months therefrom.

• Original Malaysian Identification Card (MyKad/ MyKid /MyTentera /MyPR/ MyKAS) and other temporary documents issued by the National Registration Department of Malaysia;
• Original Malaysian Agency Enforcement Card (PDRM/ SPRM/ ATM);
• Original Birth Certificate (issued by the Malaysian National Registration Department);
• Original identity Card issued by the Ministry of Foreign Affairs, Malaysia (Diplomatic/ Non-Diplomatic/ Consular/ International Organisation);
• Original passport;
•  Original Student Card (Foreigners) issued by the Immigration Department of Malaysia - together with original passport;
• Original Malaysian Parliament Identification Card;
• Original UNHCR Identification Card;or
• Original Police report - (valid within 24 hours only).

• such action is necessary for reasons of safety or security;
• such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over;
• your conduct, status, age, mental or physical condition or the physical condition of your Baggage:
  • causes reasonable fear of harm or discomfort, to other persons on board; or
  • poses a hazard or risk to yourself, other persons or property;
• you have not observed, or are likely to fail to observe, our instructions; 
• you have refused to submit to any security check to be conducted on you or your Baggage; 
• the applicable fare, charges or taxes payable by you have not been paid; 
• you do not have the proper documents to travel; 
• the booking or payment of the Ticket has been done illegally, fraudulently or unlawfully or has been purchased from a person not authorized by us; 
• the payment card used by you to pay for the fare has been reported lost or stolen; 
• the Itinerary or reservation or Ticket is counterfeit, has been reported as being lost or stolen, fraudulently obtained or altered by anyone other than us or our authorised agent, or has been mutilated (in which case we reserve the right to retain the Ticket);  
• the person checking in or boarding cannot prove that he is the person named as the Passenger on the Ticket (in which case we reserve the right to retain the Ticket);  
• you do not complete the check in process by the check-in deadline or fail to arrive at the boarding gate by the stipulated time;  
• you fail to have proper identification or fail to identify yourself to our staff; 
• you fail to have the proper documents (travel documents that are damaged will not be accepted as proper documents), permits, visa, necessary for travel to a particular place or country; 
• you have been violent towards our staff or caused disturbance at our counter or have abused our staff whether physically or verbally; 
• the government or other authorities prohibits your checking in or boarding the aircraft; 
• you are not fit to travel due to drunkenness, under the influence of drugs or any obvious adverse medical condition; or 
• you have behaved in a way mentioned above on a previous flight and we reasonably believe that you may repeat this behaviour. 

• After 32 weeks of pregnancy for those with multiple or complicated pregnancies for domestic flights.Pregnancy up to 27 weeks (inclusive):
  • Passenger must sign our Limited Liability Statement during check-in to absolve us from any liabilities arising there from. 
• Pregnancy between 28 weeks to 34 weeks (inclusive):
  • Passenger must submit an approved doctor's medical certificate confirming othe number of weeks of pregnancy. The doctor’s certificate must be issued not more than thirty (30) days from either the scheduled outbound or the scheduled inbound flight departure date, as the case may be.
  • oPassenger must sign our Limited Liability Statement during check-in to absolve us from any liabilities arising there from. 
• Pregnancy 35 weeks and above:
  • Carriage not permitted whatsoever.
  • Until seven days after normal delivery. (Post-caesarean section surgery – a letter from attending doctor is required indicating fit to fly).

• which are not properly packed in suitcases or other appropriate containers in order to ensure safe carriage with ordinary care and handling;
• which are likely to endanger the safety of the aircraft or persons or property on board and/or specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO), or our Terms & Conditions and Conditions of Contract;
• which are prohibited by the applicable laws, regulations or orders of any state, country or jurisdiction to be flown from, to or over;
• which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, size or character;
• valuables, fragile or perishable articles including money, jewellery, cameras, video and electronics equipment, silverware, negotiable instruments, business documents, samples, antiques, paintings, fur, manuscripts or similar items, computers and medication;
• live or dead animals;
• human or animal remains;
• fresh or frozen seafood or other meats subject only to:
  • such items being allowed to be carried on board as hand luggage if we are satisfied that they have been properly packed.; and
  • Strictly only Styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. Should Passengers refuse inspection, we have the right to reject admission of luggage;
• firearms and ammunition, including antique firearms, swords, knives and similar items;
• explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium) corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches), electronic cigarettes, electronic cigarettes.

9.1   General:
We undertake to use our best efforts to carry you and your Baggage with reasonable dispatch. All published flight schedules whether in the Ticket, timetables or elsewhere are not guaranteed and do not form part of the contract of carriage. We will not be liable for errors or omissions in any published flight schedules or in statements or representations made by our employees, agents or representatives as to the dates or times of departure or arrival or as to the operation of any flight.

9.3  Person To Whom Refund Will Be Made

• 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.
• [If a Ticket has been paid for by a person other than the Passenger named in the ticket, we may make a refund only in the same manner as how the payment was received.]
• If a Ticket is purchased through a travel agency, we shall refund the amount to the respective agency.
• A refund made to anyone presenting the details of the unused portion of the ticket, and holding himself or herself out as a person to whom a refund may be made, will be deemed a proper refund and will discharge us from liability to you or any other person for a refund.

9.4  Involuntary Refunds

If we cancel, terminate, divert or fail to operate a flight according to schedule due to technical failure, we may elect to offer you either one or more of the following options with due consideration to your reasonable interests and applicable circumstances and as your sole and exclusive remedies:

• if no portion of the ticket has been used, an amount equal to the ticket price; or
• if a portion of the Ticket has been used, the refund will not be less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.
• a refund processing fee as set out in the Fee Schedule shall be deducted from the amount to be refunded.

9.5  Voluntary Refunds

If Passenger cancels a flight for death and/or medical issues i.e., pregnancy and long-term hospitalization, a refund shall apply only for the deceased and the affected and the amount of the refund shall be:

• If no portion of the ticket has been used, an amount equal to the ticket price; or
• Ticket has been used, the refund will not be less than the difference between the fare paid and the applicable fare for travel between the points for which the ticket has been used.
• Payment processing fee shall not be refunded.

9.6  Right to Refuse Refund:

We may refuse to refund:

• any Ticket when such refund application is submitted more than [thirty (30) days] after the expiry of the validity of the Ticket; or
• any Ticket which has been presented to us or to government officials of a country as evidence of intention to depart, unless you establish to our reasonable satisfaction that you have permission to remain in the country or that you will depart therefrom by another carrier or other means of transport.

9.7  Non-Eligibility of Refunds:

In the event your flight is cancelled due to extraordinary circumstances i.e., war, weather impediment, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect our operation, we will not be liable to you and shall be under no obligation to compensate you nor refund the cost of any Ticket.  

In the event your flight is cancelled under such circumstances and not rescheduled, we shall only refund the airport tax provided any such request was made in writing within thirty (30) days from the travel date and the refund will be subject to a refund processing fees of up to 5% of the airport tax to be refunded.

• We will be liable for Damage to a Passenger or his Checked Baggage where such Damage has been caused by our negligence.
• Any liability we have for Damage will be reduced by any negligence on the Passenger’s part which causes or contributes to the Damage, in accordance with any applicable laws, regulation or Convention.
• Our liability in the case of delay or Damage to Checked Baggage and Unchecked Baggage (other than any Damage caused by an act or omission done recklessly or with intent to cause Damage) shall be subject to the limits prescribed by applicable laws, regulations and Convention:
  • where the Warsaw Convention applies, the prevailing limit will be 17 SDR per kilogram for Checked Baggage and 332 SDR for Unchecked Baggage; and
  • where the Montreal Convention applies, the limit will be 1,288 SDR per passenger (for both Checked and Unchecked Baggage).
• If the weight of the Checked Baggage is not recorded on the Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance. If a higher value is specially declared in writing pursuant to an excess valuation facility in accordance with Article 8.3 above, we shall be liable to such higher declared value.
• We will not be liable for any Damage arising from our compliance with applicable laws or Government rules and regulations or from your failure to comply with the same.
• Except where other specific provision is made in these Terms & Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable laws, regulations and Convention.
• We are not responsible and will have no liability whatsoever for Damage to prohibited articles or items carried in Checked and Unchecked Baggage with or without our knowledge as set out in Article 8.1 above.
• We will not be liable for any Damage to a Passenger or a Passenger’s Baggage caused by property contained in such Passenger’s Baggage. Any Passenger whose property causes Damage to another person or to our property shall indemnify us for all losses and expenses incurred by us as a result thereof.
• Except as the Convention or other laws or regulations may otherwise require, we do not assume any liability for any Baggage which is improperly or inadequately packed, or normal wear and tear to Baggage, which includes nicks and dirt and Damage of protruding parts of the Baggage.
• If your age or mental or physical condition is such as to cause any hazard or risk to yourself, we shall not be liable for any loss, illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition.
• The conditions of carriage including these Terms & Conditions and exclusions or limits of liability, applies to our authorised agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorised agents, servants, employees and representatives shall not exceed the amount of our own liability if any.
• Nothing in these Terms & Conditions or the Conditions of Carriage shall waive any exclusion or limitation of our liability under any applicable Convention, laws and regulations unless otherwise expressly stated by us.