General Terms and Conditions of Carriage

Article 1 | Definitions

1.1 Definition:
In these Terms & Conditions, unless otherwise expressly provided, these expressions below mean:
  • "Baggage" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Unchecked Baggage.
  • "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.
  • "Conditions of Contract" means those statements contained in or delivered with the Ticket, the Itinerary, identified as such and which incorporate by reference, these Terms & Conditions, the Fee Schedule and notices available at our offices and check-in counters.
  • Convention” means the following instruments as applicable to the Passenger’s travel:

            (i) the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw, 12 October 1929;
           (ii) The Warsaw Convention as amended at The Hague on 28 September 1955;
           (iii) The Warsaw Convention as amended by Additional Protocol No 1 of Montreal (1975);
           (iv) The Warsaw Convention as amended at The Hague and by Additional Protocol No 2 of Montreal (1975);
           (v) The Warsaw Convention as amended at The Hague and by Additional Protocol No 4 of Montreal (1975);
           (vi) The Guadalajara Supplementary Convention signed at Guadalajara, 19 September 1961
           (collectively referred to as “Warsaw Convention”); or
           (vii) The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 29 May 1999 (“Montreal Convention”). 
  • "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" or “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 Special Drawing Rights as defined by the International Monetary Fund.
  • "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”, and “us" means SKS Airways Sdn. Bhd. (1255370-P).
  • "Website" means the internet site provided by us for the purpose of Passengers making online bookings and to access information about us.
1.2 Captions: The title of each Article of these Terms & Conditions is for convenience only and is not to be used for interpretation of the text.

Article 2 | Definitions

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 such 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,
these Terms & Conditions shall prevail. If and to the extent that these Terms & Conditions are inconsistent with mandatory and
applicable provisions of the Convention or the relevant laws, the latter shall prevail.

2.3   Language:
 English shall be the sole language used in the interpretation of these Terms & Conditions. All other translated versions of these Terms & Conditions are for convenience and
reference purposes only.

Article 3 | Tickets

3.1   Prima Facie Evidence of Contract: 
The Ticket constitutes prima facie evidence of the contract for carriage between the Passenger and us.

3.2   Transferability: 
Tickets are not transferable.

3.3   Validity: 
The   Ticket 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 Ticket. You will be required to produce appropriate identification at check-in and before boarding our flight. 

Article 4 | Fares

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

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

4.3 Infants:
The fees for infants between nine (9) days old andto under the age of two (2) years or twenty-four- (24) months) years old (on the date of travel for the first outbound flight) are
provided for in the Fee Schedule.

4.4   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 stated in the Ticket or the Conditions and Contract. Such charges may be adjusted from time to time and additional charges may be imposed even after the date that your Ticket is issued. You shall nevertheless pay in full such additional charges as and when they fall due prior to departure. Please refer to our Fee Schedule for the prevailing taxes, charges and insurance surcharges.

4.5   Currency: 
All fares and applicable charges are payable in the currency stipulated in our published fares and Fee Schedule unless otherwise provided.  

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

Article 5 | Booking of Seats

5.1   Confirmation of Booking: 
A reservation is only confirmed after (i) full payment of the fare and all applicable taxes, fees and charges is made and (ii) a Ticket is duly issued to the Passenger. A reservation that does not comply with any of these requirements may be cancelled by us at any time without notice, and the Passenger will not be allowed to board our aircraft. Once confirmed, the reservation cannot be cancelled or changed save
as provided in these Terms & Conditions.

5.2   Group Reservations: 
Group reservations are governed by specific terms and conditions that vary from time to time. Please contact us for further details.

5.3   Flight Change Request by Passenger:  
Once a Ticket has been issued, you may only make changes to the Ticket according to the following terms:
  • 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.
5.4   Name Change: 
Once a Ticket is issued, you are not allowed to substitute the Passenger named in the confirmed booking with another Passenger’s name.  

5.5  Promotional Fares: 
Article 5.3 (Flight Change) and Article 5.5 (Name Change) above do not apply to certain selected promotional fares. 

5.6   Personal Data:  
By entering into a contract of carriage with us, you acknowledge and agree that we may use your personal data given to us for the purposes of:  
  • making a reservation and issuing a Ticket,
  • providing ancillary services and facilities,
  • facilitating immigration and entry procedures,
  • accounting, billing and auditing, 
  • verifying credit or other payment methods,
  • security, administrative and legal purposes,
  • systems testing, maintenance and development,
  • statistical analysis, and
  • our future dealings with you.
Your personal data may be made available to government agencies who may share such personal data with other government agencies or any other third parties which is beyond our control. For these purposes, you authorise us to retain and use your personal data and to transmit it to our own offices, our authorized agents and third-party business associates, government agencies, other carriers or the providers of the services mentioned above. The collection and use of such personal data will be in accordance with our Privacy Policy, a copy of which may be obtained from our social media or from our Website].  
(which includes SKS’s customers).

5.7   Seating: 
We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted in the class of service for which your Ticket has been issued. 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.
Passenger can only occupy one (1) seat (per booking), unless:
a) Passenger due to their physical size is unable to fit in a single seat. We do not guarantee large / obese passengers a spare seat unless an EXTRA SEAT is paid for;
b) Passengers with medical condition e.g. having fractured leg with plaster cast no permitted;
c) Other medical conditions without obstructing the process of emergency evacuation will be consider to be accepted. Its subject passenger obtains a letter from a doctor stated he
/ she is fit to travel. Passenger with Injury / Illness

5.8   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. We will make reasonable efforts to honour paid seat assignments. However, any pre-selected or purchased seats under an ASR is not guaranteed and we reserve the right to assign or reassign seats at any time, even after boarding of the aircraft for operational, safety or security reasons.

If we are unable to honour your purchased ASR as a result of any change, termination, delay or merging of our schedules 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 and as your sole and exclusive remedy, either:
  • 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.

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

Article 6 | Check-In and Other Requirements of Carriage

6.1 Check-in

6.1.1   Check-In, Deadlines and Conditions: 

Our check-in counters open two hours before the scheduled flight departure time and generally close thirty (30) minutes before the scheduled flight departure time . Check-in deadlines vary at each airport 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.
(1) check in counters open 2 hours before departure (according to SKS’s website  
(2)the opening and closing time for check in for both domestic flights are the same (per the existing terms & conditions). We thought there are different times.

6.1.2   Self-Check-in: 
We do not offer sSelf-cCheck-in sServices at this time.

6.1.3   Unavailability of Seat: 
There is a possibility that your seat may not be available on your flight even if your booking is confirmed, as our flights may occasionally be overbooked to reduce the impact of Passengers who do not show up. If you are denied boarding due to an overbooking of our flight for which you have a valid Ticket, checked in on time and complied with all applicable requirements for travel as set out in these Terms & Conditions, we shall offer you as your sole and exclusive remedies reasonable assistance and care/compensation such as meals, refreshments, limited telephone calls, internet access, hotel accommodation and/or airport transfer and either:
  • 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.

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 the stipulated time at the boarding gate, you will be denied boarding.
(1) passengers must be at the boarding gate 30 minutes before departure (according to Article 6.2 of the existing terms & conditions) or 20 minutes before departure (according to SKS’s website
(2) boarding closes 30 minutes before departure (according to Article 6.2 of the existing terms & conditions) or 5 minutes before departure (according to SKS’s website]

6.3  General 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 published on our Website or 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.  

6.4 Travel Documents:
You are responsible for obtaining and must possess 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. 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.  

6.5   Documents Advisory:

6.5.1 Domestic Routes: 

All Passengers are required to produce either one of the following identification documents in original for all domestic flights.
  • 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;vi. 
  • Original Student Card (Foreigners) issued by the Immigration Department of Malaysia - together with original passport;
  • Original Malaysian Parliament Identification Card;
  • Original UNHCR Identification identity card; or
  • Original police report - (valid for a period of within 24 hours only). 

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

6.6   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 any fare collected for carriage to the point of refusal of entry or deportation to you. 

6.7   Passenger Responsible for Fines, 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 reimburse us on demand any amount so paid or expenditure so incurred or to be paid. We may apply to the payment of such fare any funds paid to us for unused carriage, or any funds due to you in our possession.

6.8 Security Inspections: 
You shall submit to any security or health checks by gGovernment agencies or airport officials or us.

Article 7 | Refusal and Limitation of Carriage

7.1   Right to refuse carriage: 
We may refuse to carry you or your Baggage, or remove you or your Baggage from our flight if we reasonably believe that:
  • 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, or mental or physical condition or the physical condition of your Bbaggage:    
    • causes reasonable fear of harm or discomfort, to other person 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 credit payment card by which 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.

7.2 Recourse when carriage refused: 
If you were refused carriage pursuant to Article 7.1 above, we may cancel the remaining unused portion of your Ticket and you will not be entitled to further carriage or to a refund either for the journey that is the subject of the refusal of carriage or removal, or any subsequent journeys covered by the Ticket. We will not be liable for any consequential or incidental loss or damages whether arising in tort, contract or otherwise due to any such refusal to carry or removal en route and we shall be entitled to recover from you all direct and indirect costs we incur as a result of such refusal or removal including the costs of diverting our flight.

7.3   Unaccompanied Child: 
Children below the age of twelve (12) will not be accepted for carriage unless they are accompanied by a Passenger of at least eighteen (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.  

7.4  Passengers with reduced mobility / medical condition: 
For safety reasons we are unable to carry Passengers with reduced mobility (i.e. paraplegic, quadriplegic and blind passengers), unless they travel with a companion. We are unable to accept wheelchairs or other mobility devices on our flights.

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 persons on board, we reserve the right to deny boarding Passengers who [(i) have refused to submit to any health assessment or medical screening required by us and/or the relevant state or country to be flown from, into or over], or (ii) appear to have symptoms of or have an infectious, contagious or chronic disease or any other condition (or there is reason to believe there was exposure to such disease or condition) that could pose a direct threat to the health or safety of other persons on board.

Passengers with specific requirements requiring special assistance and Passengers with medical conditions / illnesses including those that may require administering or carrying medication / syringes on board must contact us at  +603-78317422 or email us at at the latest -7 days before the scheduled flight departure time to make prior arrangement for the type of special assistance required.. We will make reasonable seating accommodations for Passengers with specific requirements in accordance with applicable laws and regulations. Failure to provide us with the necessary prior notification 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.

7.5   Infants 8 days and/or below: 
It is the responsibility 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:
  • 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.
    • Passenger 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).
7.6   Infants 8 9days old and/or below:
We reserve the right not to carry infants nine 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. 

7.7   Infants between nine (9) days old and under two (2) years or twenty-four (24) months old:
Only one (1) infant between nine (9) days old and under two (2) years or twenty-four (24) months old is allowed for each adult Passenger and the infant must be seated on the adult’s lap. Notwithstanding, the total number of infants allowed per flight is limited due to safety regulations. As such, we may not be able to accommodate your request to carry infants with you.

Article 8 | Baggage

8.1   Items Unacceptable as Baggage or to be Carried Inside Baggage: 
We reserve the right to refuse carriage of  items :
  • 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:  
    • osuch items being allowed to be carried on board as hand luggage if we are satisfied that they have been properly packed.; and(inclusive):
    • oStrictly 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. 
If, despite being prohibited, any items above are included in your Baggage and we carry the Baggage, we shall not be responsible for any Damage to such items.

8.2 Checked Baggage Allowance:
Each Passenger travelling in the DHC6-300 Twin Otter aircraft is allowed free of charge one (1) piece of Checked Baggage each of up to 7kg. The maximum dimensions of the Check Baggage are 45cm length x 36cm width x 20cm depth.

Upon delivery to us of your Checked Baggage to be checked, we shall take custody of the Checked Baggage and issue a Baggage Identification Tag. It is your responsibility to ensure that your Baggage is adequate and correctly labelled for the purpose of identification.

Baby prams, strollers and buggies cannot be brought on board but one (1) piece of fully collapsible baby pram, stroller or buggy not exceeding 7kg can be checked-in for free per accompanying adult. Any form of child car seats must also be checked-in but will be counted towards your Checked Baggage allowance. [Note to SKS: We have taken this from SKS’s website ( Please confirm that this is correct.]

8.3 Value Declarations:
You may make a special declaration of the value of your Checked Baggage in excess of the applicable liability limit set out in Article 11.2 below. If you make such a declaration, you shall pay a supplemental fee of RM37.10 / as set out in the Fee Schedule at the point of origin.

8.4  Our Right to Require a Search:
For reasons of safety and security, we may request you to permit searches or scans to be conducted on you and/or your Baggage, and may search your Baggage in your absence if you are not available, to ascertain whether you are carrying any prohibited items set out in Article 8.1 above. If you refuse to comply with such searches or scans, we may refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. We are not liable for any Damage caused by such searches or scans, unless such Damage is due to our fault or negligence.

8.5 Hand Unchecked Luggage BagsBaggage Allowance:
Each Passenger travelling in the DHC6-300 Twin Otter aircraft is allowed one (1) piece of Unchecked Baggage each of up to 3kg. The maximum dimensions of the Uncheck Baggage are 23cm height x 33cm length x 33cm width. Any Unchecked Baggage must be stowed beneath the Passenger seat or loaded at the back of the aircraft. We will not be liable for any Damage to Unchecked Baggage unless such Damage is caused by our own negligence.

8.6  Excess Baggage:
Due to the limitations in the size of the aircraft cabin/luggage compartment of our DHC6-300 Twin Otter aircraft, we are unable to accept any Checked Baggage exceeding 7kg or any excess baggage.

8.7  Collection and Delivery of Checked Baggage:
Your Checked Baggage must be collected as soon as it is available for collection at your destination. We may impose a storage fee on Baggage which are not collected within a reasonable period of time.

Only the bearer of the Baggage Identification Tag is entitled to delivery of the Checked Baggage. If a person claiming the Checked Baggage is unable to present the Baggage Identification Tag, we will deliver the Checked Baggage to such person provided that he establishes his rights to our satisfaction, and if required by us, furnish adequate security to indemnify us for any loss, damage or expense which may arise in connection with such delivery.

Acceptance of Checked Baggage without complaint at the time of delivery shall be prima facie evidence that the Checked Baggage has been delivered in good condition and in accordance with the contract of carriage. Should a Passenger notice that the Checked Baggage is damaged, then he/she should immediately approach one of our customer service officers who will take down the details of the damage to the Checked Baggage and offer immediate assistance if necessary.

8.8  Unclaimed Baggage:
Any Checked Baggage unclaimed within [one (1) month] from the day it was made available for collection may be disposed by us without any liability to the Passenger.  

8.9  Items Removed by Airport Security Personnel:
We will not be responsible or liable for any items removed from you or your Baggage by airport security personnel acting in accordance with any laws or governmental regulations, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed to us by such airport security personnel.

Article 9 | Flight Cancellations and Refunds

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. In the event of any flight cancellation, delay, termination or diversion caused by technical failure, death of a Passenger or if you choose to not use your Ticket, refund shall be made for the Ticket in accordance with these Terms & Conditions.

9.2  Change in Flight Status:

 In the event of a change in the status of a flight where there is a cancellation or delay of thirty (30) minutes or more in the scheduled operation of the flight, we shall provide to you prior notification of such change in flight status as soon as practicable.

In the event we decide to cease operating any Route, we shall provide to you information about the intended cessation at least one (1) month prior to the date of the cessation.
In the event we decide to perform a planned flight rescheduling of at least three (3) hours earlier or later than the scheduled time of departure, we shall inform you of the rescheduled time not less than twelve (12) prior to the scheduled time of departure.

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 SKS Airways we cancels, terminate, divert or fail to operate a flight according to schedule due to technical failure / unable to provide previously confirmed space, 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:
(i) reasonable assistance and care/compensation such as meals, refreshments, limited telephone calls, internet access, hotel accommodation and/or airport transfer;
(ii) make a refund subject to the following:

  • 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.
 (iii) within a reasonable period of time, re-route you to the destination indicated on your Ticket or applicable portion of your Ticket by our own scheduled services or the scheduled services of another carrier, or by means of surface transportation.

9.5  Voluntary Refunds
If  Passenger cancels a flight for due to death [and/or medical issues i.e., pregnancy and long-term hospitalization], a refund shall apply only for the deceased [and the affected Passenger experiencing such medical issues] 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
  • if a portion of the Ticket has been used, the refund will an amount equal to 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.
 If Passenger wishes to cancel his Ticket for any reasons other than those set out above, 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 refund processing fees of up to 5% of the airport tax to be refunded.

9.6  Right to Refuse Refund:
No refund shall be given for flight cancellation caused by extraordinary circumstances i.e., war, weather impediment, security risks, unexpected flight safety shortcomings and strikes that affect our operation.

  • 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:

No refund shall be given for flight cancellation caused by 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, In the event of any refund case; we shall only refund the airport tax provided . This is only refundable if requested any such request was made in writing within thirty (30) days fromof the travel date and the refund willis be subject to a refund processing fees of up to 5% of the airport tax to be refunded, where applicable.

9.8  Currency of Refund:
Refunds will be made in the currency in which the amount originally collectedTicket was originally paid for.

 9.9  Persons Authorised To Make Refunds:
Voluntary refunds will be made only by the carrier which originally issued the ticketus or persons authorised by us in accordance with these Terms & Conditions.

Article 10 | Conduct on Board Aircraft

If in our reasonable opinion, you conduct yourself on board the aircraft so as to endanger the aircraft or any Passenger or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instruction of the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to other persons on board, we may take such measures as we deem 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.

If as a result of your conduct we decide, in the exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you shall be liable for all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.

For safety reasons, we may forbid or limit operation of electronic equipment (other than hearing aids and heart pacemakers) on board, including but not limited to laptops, mobile phones, portable recorders, portable radios, radio-controlled toys and walkie-talkies.

Smoking and recharging of e-cigarettes are strictly prohibited on any of our flights

 Article 11 | Liability for Damage

11.1  International Carriage where the Convention applies: 
You are advised that if your journey involves an ultimate destination or stop in a country other than the country of departure, your entire journey may be governed by the Montreal Convention or its predecessor the Warsaw Convention, and our limits of liability for any Damage shall be in accordance with the provisions under the applicable Convention. 

11.2  General Provisions: 

  • 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
    • o 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.

11.3 Additional Arrangements:
If we agree to make arrangements for the provision of additional services (such as hotel accommodation, excursion trips on the ground and/or non-airline transport) in the course of concluding the contract of carriage by air with you, whether or not the cost of such arrangements is borne by us, we shall not be responsible or liable to you for any Damage or expense whatsoever arising from or in connection with such arrangements, save where any such injury or death arises solely out of our wrongful act or omission.

11.4   Value Declarations and Travel Insurance: 
As our liability to you is limited, we recommend that you make a special declaration of the value of the Checked Baggage and paying a supplementary fee in accordance with Article 8.3 above, or purchase a travel insurance to benefit from a higher limit of liability.

Article 12 |  Time Limitation on Claims and Actions 

12.1 Notice of Claims:
Subject to Article 8.7 above, if you wish to file a claim or an action pertaining any Damage to your Checked Baggage, you must notify us at the latest within seven (7) days of receipt of the Checked Baggage.
If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us at the latest within twenty-one (21) days from the date the Checked Baggage has been placed at your disposal. 
Every such notification must be in writing and posted or delivered to us within the above periods.

12.2 Limitation of Actions:
Any right to recover damages shall be extinguished if an action is not brought within two (2) years from the date of arrival t the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped, whichever is earlier. All and any of your claims and rights in respect of any liability against us shall be waived, released and discharged accordingly after the expiry of the said two (2) years.