General conditions of carriage - passenger and baggage

As you read this document, please note that:

"We", "our" "ourselves" and "us" means Air Montenegro.

"You", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "Passenger").

"AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.

"AIRLINE DESIGNATOR CODE" means the two-characters or three letters which identify particular air carriers.

"AUTHORISED AGENT" means a passenger sales agent who has been appointed by us to represent, us in the sale of air transportation on our services.

"BAGGAGE" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage.

"BAGGAGE CHECK" - parts of the ticket relating to the carriage of your checked baggage.

"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage.

"CARRIER" means an air carrier other than ourselves, whose airline designator code appears on your Ticket or on a Conjunc- tion Ticket.

"CHECKED BAGGAGE" means Baggage of which we take custody and for which we have issued a Baggage Check.

"CHECK-IN DEADLINE" means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.

"CONDITIONS OF CONTRACT" means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.

"CONJUNCTION TICKET" means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage.

"CONVENTION" means whichever of the following instruments are applicable:

• The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
• The Warsaw Convention as amended at The Hague on 28 September 1955;
• The Montreal Agreement (1966);
• The Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975);
• The Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of Montreal (1975);
• The Warsaw Convention as amended at The Hague and by Additional Protocol No.3 of Montreal (1975);
• The Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975);
• Guadalajara, supplementary Convention (1961) (Guadalajara);
• The Montreal Convention (1999).

"COUPON" means both a paper Flight Coupon and an Electronic Coupon, each of which entitle the named passenger to travel on the particular flight identified on it.

"DAMAGE" includes death, wounding, or bodily injury to a passenger, loss, partial loss, theft or other damage, arising out of or in connection with carriage or other services incidental hereto performed by us.

"DAYS" mean all seven days of the week. For the purpose of sending notices, the day on which notice is sent shall not be counted; and for the purposes of determining duration of validity of a Ticket, the day on which the Ticket was issued, or the first flight commenced shall not be counted.

"ELECTRONIC COUPON" means an electronic flight coupon or other value document held in our database.

"ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.

"FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage", or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.

"FORCE MAJEURE" means unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.

"ITINERARY/RECEIPT" means a document or documents we issue to Passengers travelling on Electronic Tickets that contains the Passenger's name, flight information and notices.

"PASSENGER" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "you", "your" and "yourself").

"PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.

REGULATION (EC) No 261/2004 means Regulation of the European Parliament and of the Council, of 11^th February 2004, establishing common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights, and repealing Regulation (EEC) 295/91.

REGULATION (EC) No 2027/97 means Regulation of European Parlianment and of the Council, of 9 October 1997, establishing common rules on air carrier liability in respect of the carriage of the passengers and their baggage by air, as ammended by Regulation (EC) 889/2002 of 13 May 2002.

"SDR'S" means a Special Drawing Right as defined by the International Monetary Fund.

"STOPOVER" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.

"TARIFF" means the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.

"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.

"UNCHECKED BAGGAGE" means any of your Baggage other than Checked Baggage.

2.1. GENERAL

Except as provided in Articles 2.2, 2.4 and 2.5, our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code is indicated in the carrier box of the Ticket for that flight or flight segment.

2.2. CHARTER OPERATIONS

If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise, in the charter agreement or the Ticket.

2.3. CODE SHARES

On some services we have arrangements with other carriers known as "Code Shares". This means that even if you have a reservation with us and hold a ticket where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft. If such arrangements apply we will advise you of the carrier operating the aircraft at the time you make a reservation.

2.4. OVERRIDING LAW

These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law in which event such Tariffs or laws shall prevail.

If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.

2.5. CONDITIONS PREVAIL OVER REGULATIONS

Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, dealing with particular subjects, these Conditions of Carriage shall prevail.

3.1. GENERAL PROVISIONS

3.2. PERIOD OF VALIDITY

3.3. COUPON SEQUENCE AND USE

3.4. NAME AND ADDRESS OF CARRIER

Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "carrier" box in the Ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment in the Itinerary Receipt.

4.1. FARES

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

4.2. TAXES, FEES AND CHARGES

Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.

4.3. CURRENCY

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

5.1. RESERVATION REQUIREMENTS

5.2. TICKETING TIME LIMITS

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

5.3. PERSONAL DATA

You recognise that personal data have been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorise us to retain and use such data and to transmit it to our own offices, Authorised Agents, government agencies, other Carriers or the providers of the above mentioned services.

5.4. SEATING

We will endeavour to honour advance seating requests, however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.

5.5. RECONFIRMATION OF RESERVATIONS

5.6. CANCELLATION OF ONWARD RESERVATION'S

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

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

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

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

7.1. RIGHT TO REFUSE CARRIAGE

Air Montenegro may refuse the carriage of you or your baggage for reasons of safety, or if, in the exercise of its reasonable discretion, Air Montenegro determines that:

7.2. SPECIAL ASSISTANCE

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

8.1. FREE BAGGAGE ALLOWANCE

Certain volume of Baggage will be carried complimentary on Us, subject to our conditions and limitations, which are available upon request from us or our Authorized Agents.

8.2. EXCESS BAGGAGE

You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request and are available at Air Montenegro offices or at our Authorized Agents.

8.3. ITEMS UNACCEPTABLE AS BAGGAGE

8.4. RIGHT TO REFUSE CARRIAGE

8.5. RIGHT OF SEARCH

For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in 8.3.1 or any firearms, ammunition or weapons, which have not been presented to us in accordance with 8.3.2 or 8.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or scan causes Damage to you, or an x-ray or scan causes damage to your Baggage we shall not be liable for such Damage unless due to our fault or negligence.

8.6. CHECKED BAGGAGE

8.7. UNCHECKED BAGGAGE

8.8. COLLECTION AND DELIVERY OF CHECKED BAGGAGE

8.9. ANIMALS

If we agree to carry your animals they will be carried subject to the following conditions:

8.10. BAGGAGE IRREGULARITIES

In case of any irregularity with your baggage (lost/ damaged or delayed baggage) please report the irreglarity IMMEDIATELY upon landing to the local Lost and Found service that exists at every airport usually near the baggage claim conveyour belts.

Please retain all your travel documents after the flight (airplane ticket, copy od baggage tag, boarding ticket). If, later on, you want to submit a remuneration claim please do so via:

• E-mail: [email protected]

Please enclose following documents so we could successfuly process your file:

• DAMAGED BAGGAGE
  
  • DPR (damage report)
  • Airline ticket
  • Boarding pass
  • Baggage tag
  • Baggage receipt
  • Photos of the damage
  • Instructions for payment (exact name of the beholder of the damage report)
• DELAYED BAGGAGE
  • PIR (delayed report)
  • Airline ticket
  • Boarding pass
  • Baggage tag
  • List of items with original prices that was in baggage
  • Receipts for purchase of necessary clothing (75€ max for economy class/ 110€ max for business class)
  • Fuel or Taxi receipit for picking up delayes baggage
  • Instructions for payment (exact name of the beholder of the delayed report)
• MISSING THINGS
  • DPR (damage report)
  • Police report form local Police Deparment including a detailed list of any items you have declared missing or tampered
  • Airline ticket
  • Boarding pass
  • Baggage tag
  • Missing things receipts
  • Instructions for payment (exact name of the beholder of the damage report)

Incomplete documentation will not be processed.

8.11. PROCEDURE FOR CHARGE OF VALUE IN CHECKED BAGGAGE

Introduction

In accordance with the Montreal Convention, Air Montenegro (hereinafter reffered to as MNE) offers to passengers the option of declaring "Excess value of baggage", if it is estimated that the value of baggage exceeds SDR1000 (converted to local currency) for which MNE is responsible.

The passenger may determine the excess value for delivery of checked baggage on the sale counter, at the airport, before departure.

Implementation of procedure

Passenger may request the apllication of procedure:

• if it is a booked flight on which MNE is an operating carrier;
• on the day of travel;
• during the travel while the baggage is under the jurisdiction of MNE.

The procedure does not apply to:

• flights on which MNE is a marketing carrier;
• travels which include other carriers.

The procedure implies liability of the carrier in the event of destruction, loss, damage or delay of baggage.

Note: Possibility to declare the excess value of baggage is not offered proactively to passengers. The procedure applies only in case when passenger explicitly request this.

Excess value and charge

The passenger can declare the excess value of baggage to maximum SDR2500 (approximately EUR 300) for the complete checked baggage. This value is added to the basic amount to which the passenger is entitled in the case of lost,damage and delayed baggage.

MNE charges an amount equal to 10% of the the declared value of the baggage.

The charged amount is not redundant even in cases of irregularities on the flight.

Excluded items

1. The Excess Value Declaration does not apply to items excluded from the liability in the General Conditions of Carriage and items that are not allowed for carriage in checked baggage:
   • Hazardous materials.
     Items and materials which use can cause a serious injuries or are threat to aircraft safety such as those specified in the ICAO/IATA hazardous materials regulation.
     The transport of the following items in the checked baggage is especially prohibited: explosive i.e device for fireworks, toxic and infectious substances, corrosive,magnetized, radioactive and oxidizing materials, flammable and combustible liquids and materials, liquids with more than 70% of alcohol.
   • Items whose transport is prohibited by applicable laws, rules or regulations of any of the countries in which flight is operated.
   • Items which are not suitable for aircraft transport because their weight, size, shape or feature can be hazardous or unsafe, as well as items which are fragile or perishable, depending on,inter alia, the type of aircraft used.
   • Weapon.
     All types of weapons or explosives, disabling devices- pepper spray and similar substances, explosive, ammunition, inflammable projectiles and items which by external appearance and markings resemble to weapons,ammunition or explosives.
     Exceptions are sport and hunting weapons which can be accepted on a flight as checked baggage in accordance with IATA/ICAO regulations.
2. Items whose transport can be denied:
   • any item that MNE reasonably considers inappropriate for transport due to its shape, size, weight, composition, character or safety and operational reasons or due to the comfort and safety of other passengers;
   • items that MNE reasonably considers to be incorrectly and unsafe packed.
3. Animals, whether AVIH or PETC.

Reporting damage on baggage

The passenger is obliged to report any of irregularities in connection with baggage immediately after landing at the airport at the authorized place.

It is exceptionally possible to report in writing:

• damage to baggage within 7 days;
• damage occured on the baggage delivered with a delay of 21 days.

Indemnification

The processing of claims and payment of idemnity is done through competent departments of Ground Operations.

In the case of destruction, damage, lost or delayed baggage, passenger is obliged to show proof of payment.

If MNE can prove that the damage done is less than excess value reported, the proportional amount can be reimbursed.

9.1. SCHEDULES

9.2. CANCELLATION, REROUTING, DELAYS, ETC.

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

10.2. INVOLUNTARY REFUNDS

10.3. VOLUNTARY REFUNDS

10.4. CURRENCY

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

10.5. BY WHOM TICKET IS REFUNDABLE

Voluntary refunds will be made only by the carrier which original issued the Ticket or by its agent if so authorised.

11.1. GENERAL

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

11.2. ELECTRONIC DEVICES

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

12.1. GENERAL

12.2. TRAVEL DOCUMENTS

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

12.3. REFUSAL OF ENTRY

If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.

12.4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.

If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.

12.5. CUSTOMS INSPECTION

If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.

12.6. SECURITY INSPECTION

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

The liability of Air Montenegro and each Carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as follows:

Unless otherwise stated herein, carriage of passengers and baggage is subject to the liability rules of the Montreal Convention and Regulation (EC) 889/2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents.

Pursuant to the Convention, Air Montenegro's liability for damage is as follows:

14.1. NOTICE OF CLAIMS

Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.

If you wish to file a claim or an action regarding 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. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twentyone (21) Days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.

14.2. LIMITATION OF ACTIONS

Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern among other things the carriage of pregnant women, restrictions on use of electronic devices and items, the on board consumption of alcoholic beverages, and smoking on board.

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

* In accordance with the Regulation EC 261/2004 of the European Parliament and of the Council

17.1 APPLICABILITY

The rules defined herein shall apply:

• in respect of flights departing from an airport situated in the EU or in a country signatory to the ECAA Agreement^[1]
• in respect of flights departing from an airport situated in a third country to an airport in the EU or in a country signatory to the ECAA Agreement, provided that you received no benefits or compensation and were given no assistance in that third country, and that the operating carrier of the flight concerned is a Community carrier or a carrier of a country signatory to the ECAA Agreement;
• in respect of both scheduled and non-scheduled flights.

The rules shall apply on condition:

• that you hold a ticket with a confirmed reservation on the flight concerned and present yourself for check-in at the time indicated in writing, or, if time has not been indicated, no later than 45 minutes prior to the published departure time (except for the cases where the flight has been cancelled in advance);
• that you are travelling at the fare directly or indirectly available to the public (published fare). The same shall also apply if your ticket has been issued under the frequent flyer programme.

^[1] ECAA Agreement – Multilateral agreement on the establishment of a European Common Aviation Area

17.2 DELAY

When we reasonably expect a flight to be delayed beyond its scheduled time of departure:

17.3 CANCELLATION

17.4 DENIED BOARDING

17.5 DOWNGRADING OR UPGRADING

EXPECTANT MOTHERS

Expectant mothers within the 20th week of pregnancy, of normal health and with no pregnancy complications, can travel on Air Montenegro' flights without medical clearance.

In cases when pregnancy has entered 20th week, we will restrict such travel unless a medical clearance issued within 7 days prior to commencement of travel has been submitted. Medical clearance should confirm that:

• delivery is not expected within 4 weeks from the beginning of travel, and that the pregnant lady is fit to travel;
• there is not uncertainty of progress of pregnancy or time of confinement, or
• complications in delivery may not be expected.

The clearance provided remains in the ticketing office.

We will restrict travel to pregnant ladies within the last seven days prior to confinement and within the first seven days after delivery.

Travel is not recommended to pregnant ladies after 32nd week of pregnancy and 7 days after delivery.

We believe you understand that these rules are in force for the sake of both the mother's and the baby's health.

NEWBORN BABIES

Newborn babies will be accepted on our flights only seven days after birth, provided not prematurely born. For travel of prematurely born infants an advance arrangement and the medical clearance will be necessary.