Västflyg’s general terms and conditions

Västflyg’s general terms and conditions regulate the relationship between you as a passenger and us as an airline. This when you fly on a ticket issued by us. As stated in these terms and conditions, special terms and conditions apply to certain tickets. Such conditions apply above all to your right to a refund of the ticket price, rebooking and the validity period of the ticket.

Among other things, these general conditions state our limitations of liability towards you in the event of damage and/or delay concerning you or your luggage. The terms are applicable except in cases where they conflict with mandatory law. In the event of such a conflict, the law shall always apply. Regardless of whether any provision in our general terms and conditions is invalid by law, the other terms and conditions shall apply.

Västflyg’s general conditions are available on our website www.vastflyg.se under the booking tab, as well as under the Västflyg’s general conditions tab.

1. The ticket

a. Confirmation that an agreement has been entered into

We will issue an electronic ticket, E-ticket, once we have received payment for your booking. This E-ticket will be sent to the e-mail you specified when booking.

The e-ticket is the final confirmation that an agreement has been concluded and we only transport passengers whose names are stated on the ticket. The e-ticket is a document of value and you must take appropriate measures to protect it.

Upon check-in, you may be asked to show identification.

b. Assignment

An E-ticket can be transferred in its entirety provided that:

(i) you contact us with a transfer request no later than 24 hours before the stated departure time of your flight with us on your trip, and

(ii) that the person to whom the E-ticket is to be transferred meets the conditions applicable to the original E-ticket.

When you have contacted us, we will issue a new E-ticket in the name of the person to whom the ticket is to be transferred. The same conditions will apply to the new Ticket as to the original Ticket. We will charge you an administration fee of SEK 400 for the transfer. Please note that we only transport passengers whose names appear on the E-ticket.

A ticket cannot be transferred in cases other than those stated above.

c. Discounted tickets

Some E-tickets are sold at discounted prices. In accordance with special conditions, such E-tickets may be fully or partially exempt from the right to redemption. You should choose the E-ticket that best meets your needs. It may also be advisable to ensure that you have suitable insurance in case you have to cancel your transport.

If you have such a discounted E-Ticket, which has not been used to any extent, and is prevented from traveling due to Force Majeure, we will provide you with a credit receipt equal to the price of the E-Ticket less an administration fee of 400 SEK, provided you immediately notify us and provide proof of such Force Majeure.

d. Valid E-ticket for transport

You are only entitled to Transport if a valid E-ticket has been issued in your name, and you can show identification that proves your identity.

2. Fares, taxes and fees

The ticket price is only valid for transport from the airport of the place of departure to the airport of the place of destination unless otherwise expressly stated. The ticket price does not include ground transport between airports and other transport terminals unless this is expressly stated.

Unless otherwise agreed, your ticket price will be determined in accordance with the price in force at the time of booking your E-ticket for travel on the particular dates and with the itinerary for which the booking relates. Please note that if your itinerary or departure date were to change due to your wishes, this may affect the ticket price.

You shall pay applicable taxes and fees imposed by governmental or other authorities or by the airport operator in relation to your E-Ticket. When you buy your E-Ticket, you will be made aware of taxes and fees that are not included in the ticket price and these are usually shown separately on the E-Ticket.

The e-ticket is paid for using the payment options specified when booking. When paying for an E-Ticket with a credit card, an authorization check will be carried out. If there are insufficient funds/credit at the time of reservation, the transaction will not be confirmed and your E-Ticket will also not be paid. We accept no responsibility whatsoever for any damage you may incur as a result.

3. Personal data

You acknowledge that we have received your personal data in order to, in connection with your trip:

• perform booking,
• buy E-ticket,
• develop and provide services (such as special aids for people with reduced mobility, special meals and to fulfill other special requests of our passengers),
• facilitate immigration and arrival procedures, and
• make such information available to the authorities.

For these purposes, you agree that we may retain and process such personal data

However, your personal data will not be used for marketing activities without consent.

At your request, we will once a year provide you with information regarding e.g. the information about you that we have access to. For such requests for information, or to have incorrect information corrected, please contact us at the following address: Västflyg AB, info@vastflyg.se

4. Check-in and boarding

The check-in deadlines may vary between different airports and we recommend that you inform yourself of the current check-in deadlines and follow them. Your trip will go more smoothly if you allow enough time to follow the check-in deadlines. We reserve the right to cancel your booking if you do not meet the specified check-in deadlines.

You must be at the ”gate” where boarding is to take place no later than the time specified by us. We can cancel the seat reserved for you on the flight if you do not arrive on time at the ”gate” where boarding is to take place.

We will not be liable for any loss or expense arising from your failure to comply with the provisions of this clause 4, unless we have been negligent.

5. Restrictions in transportation

We may, in our sole discretion, refuse to carry you or your Baggage provided that we have notified you in writing that, after giving notice, we will not at any time carry you on any of our flights. In that case, you will get the money back.

We can also refuse to transport you or your Baggage if one or more of the following circumstances occur or when we have reason to assume that they may occur:

• if it is necessary to refuse carriage to comply with the law;
• if the carriage of you may endanger or affect the safety or health or materially affect the well-being of other passengers or the crew;
• if the carriage of your Baggage can be refused in accordance with point xx below;
• if your mental or psychological condition, including but not limited to, the influence of alcohol or drugs and violent behavior, poses a risk to yourself, passengers, crew, or property;
• if you have behaved inappropriately on a previous flight and we have reason to believe that this behavior may be repeated;
• if you have refused to undergo a security check in accordance with point xx below;
• if you have not paid the applicable ticket price or taxes and fees attributable to your E-Ticket, if you cannot show the credit card or debit card with which the trip was paid upon request;
• if you present an E-Ticket that has been obtained illegally, that has been purchased by someone other than us, that is counterfeit or reported lost or stolen;
• if you cannot prove that you are the person to whom the E-ticket is issued;
• if you do not follow our safety regulations.

For the transport of persons with disabilities or reduced mobility, pregnant women or others who need special assistance, Västflyg has the right, according to Article 4 of Regulation 1107/2006, to refuse to approve a seat reservation or deny boarding. This is because in some cases it is not possible to meet the applicable safety requirements or if the size of the aircraft or its doors make it physically impossible to board or transport the person.

6. Baggage

a. Free baggage

Free baggage is such baggage that you may take with you, at no extra cost, provided that the baggage meets the restrictions stated on vastflyg.se under the Travel Info tab.

When transporting luggage, you must pay a fee for the part of the luggage that exceeds the free luggage limit. See vastflyg.se under the Travel Info tab.

b. Prohibited items and animals

You may not take the following with you as baggage:

• items that may pose a risk to the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organization (ICAO) Technical Regulations for the Safe Transport of Dangerous Goods in Aviation, in the International Air Transport Association (IATA) Dangerous Goods Regulations, in Commission Regulation (EC) No. 68/2004 of 15 January 2004 amending Regulation (EC) No. 622/2003 on measures to implement common basic standards regarding aviation security;
• items the carriage of which is prohibited by Law in any country from, over or to;
• animals, with the exception of what is prescribed in point 6h below; or
• items considered by us to be unsuitable for carriage because they are dangerous and unsafe or unsuitable due to their weight, size, shape, content or nature or are fragile taking into account, among other things; the type of aircraft to be used.

Firearms and ammunition for use other than hunting or sports are prohibited for transport as baggage. Firearms and ammunition for hunting and sports may, however, be allowed as checked baggage. Firearms must be unloaded, have the safety on and be reliably packaged.

Transport of ammunition is subject to ICAO, IATA and EU regulations, specified in point 6b). We may, at our discretion, allow weapons in the form of antique firearms, swords, knives and similar items as Checked Baggage, but these may not be brought into the aircraft cabin.

It is not permitted to bring money, keys, prescription medicines, jewels, passports and other identity documents, precious metals, fragile/valuable items, poorly packaged goods (eg bottles), computers, mobile phones, cameras, electronic devices, documents of value, securities, business documents or other important, pilferable or valuable items in checked baggage. Special equipment that you cannot manage must be packed in your hand luggage, which you are also responsible for yourself during the trip.

We are not responsible for loss, delay or damage to items listed in the paragraphs above which, despite being prohibited, are carried in your checked baggage.

c. Right to refuse carriage

We will refuse carriage of baggage containing the items listed in clause 6b).

We may refuse to carry baggage which, in our opinion, contains items unsuitable for carriage with regard to safety and operational aspects, or the comfort of other passengers.

We may refuse to carry baggage which, in our opinion, is not properly and securely packed in a suitable package or bag.

If we have not agreed in advance on the carriage of Baggage in excess of Free Baggage, we may transport such Baggage on a later flight without any obligation to compensate you for the delay.

d. Right to search

For security reasons, you may be asked to allow yourself to be searched and examined by a security detector and to allow us to examine and x-ray your baggage. We normally examine your baggage in your presence. However, if you are not available, your Baggage may be examined in your absence. We can deny you and your baggage transport if you do not comply with a request regarding search and examination as above.

If a search or examination causes you injury or if an examination or X-ray causes damage to your baggage, we are not responsible for such damage unless it is due to our fault or negligence.

e. Checked baggage

When you leave your baggage with us for check-in, we will take care of and issue a baggage tag for each individual checked-in baggage. Checked baggage must bear your name and address, or other personal identification.

Whenever possible, checked baggage, which does not exceed the free baggage allowance, will be carried on the same aircraft as you, unless for safety or operational reasons we decide to carry it on another flight. If your Checked Baggage is transported on a later flight, we will deliver it to you as agreed, unless Law requires you to be present at customs declaration or for any other reason. In case of delay of your checked baggage due to the separate carriage, the provisions of Article 19 and 22 of the Montreal Convention apply.

Regulations on checked baggage can be found on vastflyg.se under the tab Reseinfo/Bagage/Checked baggage.

f. Hand luggage

We have regulated the maximum permitted dimension and weight for hand luggage. Hand luggage must fit under the seat in front of you or in a closed storage area in the aircraft cabin. If your hand luggage cannot be stored in this way, weighs more than what is allowed or is considered dangerous for any reason, it must be transported as checked luggage.

Regulations on hand luggage can be found on vastflyg.se under the tab Reseinfo/Bagage/Handbagage.

Items that are not suitable for carriage in the hold of the aircraft (such as fragile musical instruments) and that do not meet the carry-on requirements above will only be accepted for carriage in the cabin if you have notified us in advance and we have given permission to such transportation. You may have to pay an additional fee for this service.

g. Collection and delivery of checked luggage

You must, unless point 6e second paragraph applies, collect checked baggage as soon as it has been made available at your destination. Should you not collect it within a reasonable time, we may demand a fee for storage. If your Checked Baggage is not collected within three (3) months from the time it was made available, we may dispose of it without any liability to you.

Only the holder of the baggage receipt and baggage tag is entitled to have checked baggage released. Exceptions may be made if the person concerned can otherwise prove, to our satisfaction, his or her right to the baggage.

h. Animals

If we accept the transport of animals, the following regulations apply:

• You must always ensure that the animal, such as dogs and cats, has a suitable cage.
• When you have permission to transport animals as baggage, these, together with their cage and food, will not be considered part of the baggage that you can freely take with you, but will instead be considered excess baggage, for which you are obliged to pay the applicable charge.
• Guide dogs together with cages and food accompanying passengers with disabilities will be transported free of charge in addition to free baggage.
• Where a carriage is not subject to the liability rules of mandatory law, we are not liable for injury to or loss of an animal which we have accepted to carry or for the illness or death of such an animal, unless we have acted negligently.
• Regulations regarding the transport of animals can be found on vastflyg.se under the tab Reseinfo/Resa med djur.

7. Timetables

The flight times in the timetables may have changed between the publication date of the timetable and the actual date of your journey. If we need to change the scheduled flight time after your ticket has been issued, we will notify you via the contact details you have provided in connection with the booking. If you do not accept our new flight time, it is important that you get back to us within the specified time frame specified in connection with information about the schedule change. If you choose not to return within the time frame, we assume that you have accepted your new flight time. If the change is more than three hours from the original flight time and we are unable to rebook you on another flight that you accept, you may be entitled to redemption or damages in accordance with clause 10.

8. Delayed and canceled flights

We will take all reasonable steps to avoid delays in the carriage of you and your Baggage. In order to live up to this and to avoid canceling a flight, we may in special cases have to have the flight handled on our behalf by another airline and/or aircraft.

If a flight is cancelled, deviates from the timetable or does not land at the agreed destination, you have the right to assistance and compensation according to articles 5-7 and 9 of Regulation EC 261/2004. In cases where, according to the reference in article 5 or 6, you are entitled to a refund or rebooking, this is regulated in the manner stated in article 8.

9. Conduct on board the aircraft

If you conduct yourself on board the aircraft in a manner that endangers the aircraft or any person or property or obstructs the crew in the performance of their duties or refuses to follow the crew’s instructions regarding, including but not limited to, smoking, alcohol or drug consumption, or behave in a way that causes inconvenience, inconvenience or harm to other passengers or the crew, we may take such measures as we consider necessary to prevent the continuation of such behaviour, including the use of coercion. You may be asked to disembark from the aircraft and denied further transportation. You may also be prosecuted for misdemeanors committed on board the aircraft.

For safety reasons, we may prohibit or restrict the use on board the aircraft of electronic equipment, including but not limited to mobile phones, laptop computers, portable radios, CD players, electronic games or transmitting equipment, including but not limited to radio controlled toys and walkie-talkies. The use of hearing aids and pacemakers is permitted.

10. Liability

Transport according to these General Terms and Conditions is covered by the liability provisions of the Ordinance, which implements the relevant provisions of the Montreal Convention regarding the air transport of passengers and their baggage.

a. Personal injury

Our liability for damage to passengers shall be regulated in accordance with the Montreal Convention. If the damage exceeds one hundred thirteen two thousand one hundred (113,100) SDR, we shall not exclude or limit our liability for damages. Nor shall we exclude or limit our liability to a passenger for damage in excess of SDR 113,100, provided we cannot prove that the damage was not caused by the negligence or wrongful act or omission of us or our employees or contractors.

In the event of injury to a passenger, we shall without delay, and in any event no later than fifteen (15) days after the identity of the natural person entitled to damages has been established, make such advance payments as may be necessary to meet immediate financial needs in proportion to the suffering of the person concerned. In the event of death, this advance payment shall not be less than sixteen thousand (16,000) SDR per passenger.

An advance payment in accordance with above shall not constitute an acknowledgment of liability for damages on our part and may be set off against any amounts that may later be paid due to our liability. An advance payment shall not be refunded except in cases where we prove that the damage was caused in whole or in part by negligence or other wrongful act or omission by the passenger or the person claiming compensation or by someone from whom the claimant derives his right, or if that person who received the advance payment was not a person entitled to compensation.

Except as stated above, we reserve the right to all limitations or disclaimers of liability in current laws and regulations regarding personal injury claims. We also reserve the right to recourse claims against third parties.

Actions in court for compensation must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft should have arrived.

b. Damage to and delay of baggage

We are not responsible for damage to checked baggage to the extent that the damage is caused by the characteristics of the checked baggage or by an inherent defect or weakness of the checked baggage. Our liability may cease or be reduced if negligence on your part contributed to, or caused, the damage/delay.

We are only responsible for damage to hand luggage if we or our employees or contractors have caused such damage through error or negligence.

We are only liable for damage caused by delayed carriage of baggage if we and, where applicable, our employees or contractors have not taken all measures that can reasonably be required to avoid damage. We shall not be responsible if it was impossible to take such measures.

In the event of damage to and/or delayed transport of luggage, our liability is limited to 1,131 SDR per passenger.

In the case of checked baggage, you can, for an additional fee, but no later than in connection with check-in, specifically indicate the interest linked to the transport of your checked baggage to the destination. In such a case, our liability shall be limited to the higher value stated therein.

Västflyg is responsible for checked baggage that is damaged, lost or destroyed to the extent and in the manner that follows from Article 17.2 of the Montreal Convention.

Västflyg shall have no responsibility whatsoever for damage to items that are not permitted to be carried as checked baggage according to point 6b above, including for example fragile items, items that are valuable such as e.g. money, jewels, precious metals, computers, electronic devices, valuables, securities, business documents or identity documents. This condition does not cover hand luggage.

We are not responsible for damage to hand luggage, unless we, our employees or retailers have committed an error.

We reserve all rights against any damage or loss that may arise as a result of incorrect information found on our website.

In case of baggage delay when you are at your home location, no compensation is paid from Västflyg. If the luggage is later classified as lost (after 21 days), compensation is paid accordingly. No compensation for checked baggage in point 6b will be issued and age deductions may be made.

If luggage is delayed when you are not at your place of residence, compensation is paid for the most necessary items. No compensation for items covered, but not necessarily limited to point 6b will be issued. When purchasing branded items, a deduction of 50% of the purchase price will be made, as you subsequently keep the purchased items. Receipts for purchased items must be presented.

c. Passenger delay

We are responsible for damages resulting from the delay of passengers and baggage. However, Västflyg shall not be liable to pay compensation according to Article 7 of EC Regulation 261/2004, if Västflyg can demonstrate in accordance with Article 5.3 that the canceled flight is due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. In the event of loss due to delayed transport of persons, the liability is limited to 4694 SDR, cf. the Montreal Convention.

d. Limitation of liability

Our liability for damage under this clause 10 shall be reduced if we prove that the damage was caused in whole or in part by the negligence or other wrongful act or omission of the passenger or the claimant or by anyone from whom the claimant derives his right.

We are only responsible for damage that occurs when boarding, during air transport and when disembarking. We will only be liable for damage incurred during carriage on flights or flight segments where our airline code is specified.

We are not responsible for damage caused by our compliance with the law, or your failure to comply with any law.

Our liability shall be limited to damages for such substantiated losses and costs which, in accordance with current regulations, entitle to compensation. This also applies to non-pecuniary damage.

11. Time limits for claims

Unless you can prove the contrary, the baggage is considered delivered in good condition and in accordance with the contract of carriage when the holder of the baggage receipt has received the baggage without making any complaint.

If you wish to claim damage to checked baggage, you must notify us as soon as you discover the damage and at the latest within seven (7) days of receipt of the baggage. A baggage tag that remains on the baggage is a requirement for a complaint to be accepted, as the damage cannot otherwise be attributed to Västflyg. If you wish to make a claim due to delayed checked-in baggage, you must notify us within twenty-one (21) days of the baggage being made available to you.

If you wish to make a claim due to delay on your part as a passenger, you should notify us as soon as possible from the date you arrived at the place of destination, or from the date the aircraft was scheduled to arrive, but no later than 2 months from the date of arrival for the right for compensation according to Regulation EC 261/2004.

Complaints according to above must be in writing and submitted according to the deadline. It is the passenger who must prove that the complaint was made in the right way and at the right time.

The application for the right to compensation should be received as soon as possible after the day of arrival at the place of destination, or from the date on which the aircraft was scheduled to arrive, or the date on which transportation ceased. All rights to compensation for damage or delay expire if the action is not brought within two (2) years from the date of arrival, or from the day the plane arrived or from the day the carriage was interrupted. Calculation of time limits for legal proceedings is prescribed by statutory rules of the country where the legal proceedings are brought.