Travel Service a.s., Janackovo nabr. 59/138, 150 00 Prague 5, Czech Republic carries out scheduled low-fare air transport services under the brand "Smart Wings".

Pursuant to Section 4 of Decree of the Ministry of Transport No. 17/1966 Coll., on Air Carriage Rules, and with the approval of the Ministry of Transport the Carrier hereby declares the following

General Conditions of Carriage for Scheduled Flights

Effective Date: April 1, 2005

Contents

1. WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS
2. APPLICABILITY
3. TICKETS
4. FARES, TAXES, FEES AND CHARGES
5. RESERVATIONS AND SEATING
6. CHECK-IN AND BOARDING
7. REFUSAL AND LIMITATION ON CARRIAGE
8. BAGGAGE
9. SCHEDULES, CANCELLATIONS, DELAYS AND DIVERSIONS
10. REFUNDS
11. CONDUCT ABOARD AIRCRAFT
12. ARRANGEMENTS FOR ADDITIONAL SERVICES
13. ADMINISTRATIVE FORMALITIES
14. LIABILITY FOR DAMAGE
15. TIME LIMITATION ON CLAIMS AND ACTIONS
16. PLACE OF JURISDICTION / APPLICABLE LAWS
17. INTERPRETATION
18. MISCELLANEOUS REGULATIONS


1. WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS In these conditions:

"We", "our", "ourselves", "us", "Smart Wings" and "carrier" mean Travel Service a.s. dba Smart Wings. "You", "your" and "yourself" mean any person, except members of crew, carried or to be carried in an aircraft pursuant to a Ticket. )See also definition for "Passenger").

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

"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 IDENTIFICATION TAG" means a document issued 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.

"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.

"CONVENTION" means the Montreal Convention 1999.

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

"DAYS" mean calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.

"BOOKING CONFIRMATION/RECEIPT" means a document we issue to Passengers that contains the Passenger's name, reservation code, 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").

"SDR" means a Special Drawing Rights as defined by the International Monetary Fund. (The current value of this currency unit may be found in the financial pages of major newspapers.)

"TICKET" means the Booking Confirmation/Receipt issued by us, the paper ticket issued by us or the paper IATA BSP ticket issued by a IATA travel agency in favor of us or any other carrier whose tickets we accept.

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


2. APPLICABILITY

2.1 GENERAL
Except as provided in Articles 2.2, 2.3 and 2.4, 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, Travel Service a.s. General Conditions of Carriage for Charter Flights apply.

2.3 OVERRIDING LAW
2.3.1 These Conditions of Carriage are applicable unless they are inconsistent with applicable law in which event such law shall prevail.

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

2.4 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. TICKETS

3.1 GENERAL PROVISIONS
3.1.1 We will provide carriage only to the Passenger named in the Ticket. You will be required to produce appropriate photo identification.

3.1.2 A Ticket is not transferable except as for provided for in our regulations.

3.1.3 Our Tickets cannot be endorsed for use with other carriers but flights may be changed in accordance with our regulation subject to payment of a change fee plus any difference in price between the original fare paid and the lowest available fare for the new booking at the time. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket or are prevented from reaching the airport of departure by the Check-in Deadline be reason of "force majeure".

3.1.4 If you loose your paper IATA BSP Ticket, you are not entitled to obtain any copy from us. In such a case, contact your travel agent. You will not be allowed to check-in without any valid ticket.

3.2 VALIDITY
3.2.1 Except as otherwise provided in these Conditions and such regulations as we may make in accordance with Article 16 below, reservations are valid only for flight(s), date(s) and route specified on the Ticket.

3.2.2 In the event of serious illness or death of a Passenger, the Tickets of the Passenger and of persons traveling on the same reservation may be modified by waiving any restriction on changing reservations upon production of suitable documentary evidence. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the deceased Passenger's Ticket and those of his or her accompanying immediate family members may likewise be modified upon production of evidence of death.

3.3 OUR NAME AND ADDRESS
3.3.1 Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our address is Smart Wings / Travel Service, Corporate Head Office at Prague Airport, K letisti 1068/30, 16008 Prague 6, Czech Republic.


4. FARES, TAXES, FEES AND CHARGES

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 tariffs and fare categories 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
Taxes, fees and charges imposed by government or other authority or by the operator of an airport or any aviation insurance surcharge or other levy in respect of a flight to be operated by us and undertaken by you shall be payable by you at the levels prevailing at the time you make your reservation. These taxes, fees and charges will normally be shown separately on the Ticket. If you do not travel, you may apply in writing within one month for a full refund of taxes, fees and charges paid subject to a deduction by us of a reasonable administration charge.

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


5. RESERVATIONS AND SEATING

5.1 RESERVATION AND REQUIREMENTS
5.1.1 We will record your reservation(s). Upon request, in case of reservations made through our webpage or callcenter, we will provide you with written confirmation of your reservation(s) via e-mail prior to related departure(s). In case of reservations made by travel agents, Passengers shall contact their travel agents.

5.1.2 Certain fares have conditions which limit or exclude your right to change or cancel reservations.

5.1.3 We kindly ask you to double-check your E-mail address entry. All potential changes and schedule modifications shall be communicated through this E-mail contact. The Carrier is not liable for lost information due to wrongly spelled address, malfunctioning mailbox or wrong definition of the message status within the user’s mailbox. Please note that users of @hotmial.com should carefully setup filters in their mailbox as there have been some problems previously reported. If you have any doubts about your flight, don’t hesitate to check online schedule or call our information desk.

5.2 PERSONAL DATA
You recognize that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services such as hotel reservations and car rental, developing and providing services such as special facilities for people with reduced mobility, facilitating immigration and entry procedures, and making available such data to governmental agencies, in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, governmental agencies, other air carriers or the providers of the above-mentioned services. We are entitled to disclose personal details of passengers to third parties should they have damaged or injured other passengers. Your personal data will not be used for marketing activities without your prior permission.

5.3 SEATING
Seats are allocated at time of check-in only. By arriving early, the Passenger is allowed to choose his/her seat according to the principle of "first come, first served". In spite of a possible reservation, we reserve the right to reallocate seats even after the Passenger has boarded the plane. This may be necessary for operational or safety reasons.

5.4 SMOKING
You may not smoke in any part of an aircraft operated by us. Failure to adhere to this regulation may result in severe criminal penalties being brought against you as well as all disruption costs being claimed against ourselves.


6. CHECK-IN AND BOARDING

6.1 Unless otherwise specified by us or by any applicable governmental or airport authority the Check-in Deadline for a flight operated by us is 40 minutes prior to scheduled departure time. We reserve the right to cancel your reservation and to deny you boarding if you do not comply with the Check-in Deadline indicated.

6.2 All passengers must present such valid photo identification for all flights upon check-in as we may specify from time to time.

6.3 You must be present at the boarding gate no later than 20 minutes prior to departure. If you fail to arrive at the boarding gate by this time, the space reserved for you may be cancelled.

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


7. REFUSAL AND LIMITATION ON CARRIAGE

7.1 RIGHT TO REFUSE CARRIAGE
7.1.1 We may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights.

7.1.2 We may also refuse to carry you or your Baggage if one or more of the following have occurred or we reasonably believe may occur:

7.1.2.1 such action is necessary in order to comply with any applicable government laws, regulations, or orders;

7.1.2.2 the carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew;

7.1.2.3 your mental or physical state or attitude or demeanour, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;

7.1.2.4 you have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;

7.1.2.5 you have refused to submit to a security check;

7.1.2.6 you have not paid the applicable fare, taxes, fees or charges;

7.1.2.7 you owe us any money in respect of a previous flight owing to payment having been dishonored, denied or recharged against us;

7.1.2.8 you do not appear to have valid travel documents, may seek to entry a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;

7.1.2.9 you cannot prove that you are the person named in the Ticket;

7.1.2.10 you cannot show your valid printed electronic reservation confirmation issued by Smart Wings or your IATA paper ticket issued by a IATA agent, if requested at the point of check-in;

7.1.2.11 you fail to observe our instructions with respect to safety or security.

If we have, in the reasonable exercise of our discretion under this Article 7.1.2 refused to carry you on the basis of any of the above, or have removed you en route, we may cancel the remained unused portion of your Ticket and you will not be entitled to further carriage. We will not be liable for any consequential loss or damage alleged due to any such refusal to carry or removal en route.

7.2 SPECIAL ASSISTANCE
Acceptance for carriage of young persons, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to specific prior arrangement with us on existing terms and conditions. Passengers with disabilities who have advised us of any special requirements they may have on the day of booking, and which have been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements. Failure to advise us of any special needs on the day of booking will result in the service being unavailable and your being refused carriage.


8. BAGGAGE

8.1 FREE BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available from us upon request.

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.

8.3 ITEMS UNACCEPTABLE AS BAGGAGE
8.3.1 You must not include in your Baggage:

8.3.1.1 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us upon request);

8.3.1.2 items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;

8.3.1.3 items which are considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile (e.g. perfumes, eau de toilet, glasses, contact lens, bottles of alcohol, glass, chinaware etc.) or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request;

8.3.1.4 firearms or ammunition.

8.3.1.5 fish, game or hunting trophies.

8.3.2 Swords, knives, scissors, blades, cutlery, darts, syringes and other sharp objects and any item which in our opinion could be used as a weapon may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.

8.3.3 You must not include in Checked Baggage money, debit and credit cards, medicine, jewellery, precious metals, keys, cameras, video cameras, walkmans, CD players, MP3 players, computers, data media, mobile phones, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.

8.3.4 If, despite being prohibited, any items referred to in Articles 8.3.1, 8.3.2 and 8.3.3 are included in your Baggage, we shall not be responsible for any loss or damage to such items.

8.4 RIGHT TO REFUSE CARRIAGE
8.4.1 We will refuse to carry as Baggage the items prohibited in Article 8.3, and refuse further carriage of any such items upon discovery.

8.4.2 We may refuse to carry as Baggage any item considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Information about unacceptable items are available upon request.

8.4.3 We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.

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 Article 8.3.1 or 8.3.2 or any firearms, ammunition or weapons. If you are unwilling to comply with such request we may refuse to carry you and your baggage. In the event of 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
8.6.1 Upon delivery to us of your Baggage which you wish to check we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.

8.6.2 Checked Baggage must have your name and other personal identification affixed to it.

8.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on another flight, Passenger shall take delivery of it at the airport. If Passenger's baggage arrives later than 24 hours after the related flight, the passenger can purchase necessary items up to 60 EUR. Passenger is advised to collect all receipts and send them to Carrier's claim department after his/her return.

8.7 UNCHECKED BAGGAGE
8.7.1 We specify maximum dimensions and/or weight for Baggage which you carry on to the aircraft. If we have not done so, Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or if it is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.

8.7.2 Objects which we deem unsuitable for carriage in the aircraft hold (such as delicate musical instruments), and which do not meet the requirements in 8.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.

8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.8.1 Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) month of the time it is made available, we may dispose of it without any liability to you.

8.8.2 Only the bearer of the Baggage Identification Tag is entitled to delivery of the Checked Baggage.

8.8.3 If a person claiming Checked Baggage is unable to produce and/or identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.

8.9 ANIMALS
8.9.1 Smart Wings accepts a limited number of animals only in hold on certain routes. No animals on board in cabin permitted. However, Smart Wings will carry one guide dog free of charge onboard on certain routes. Further details are available from us upon request.

8.9.2 Any passenger wishing to bring their animal, must request same through our reservation center on the same day as the flight booking is made, as not to do so, due to the above limitation, will result in Smart Wings being unable to accept your animal for the flight reserved. Transportation charge applies for animal including the weight of its transportation container.

8.9.3 The animal can be transported only in a suitable and secure transport container approved by Smart Wings which has to be provided by the passenger. The decision as to whether and how the respective animal can be transported in incumbent upon Smart Wings.

8.9.4 Smart Wings accepts no liability for possible damage to the animal's health caused by air transportation. All health checks/certificates and conditions/documents for the animal's entry in the destination country are the passenger's responsibility. On some routes no animals can be transported due to quarantine regulations.


9. SCHEDULES, CANCELLATIONS, DELAYS AND DIVERSIONS

9.1 SCHEDULES
9.1.1 The flight timings shown on your Ticket or elsewhere may change between the date of reservation and the date of travel.

9.1.2 When we accept your booking, we will notify you of the scheduled flight timings in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight timings after you have booked your flight. If you provide us with your e-mail address, we will endeavor to notify you of any changes by such means. If, after you purchase your Ticket, but before the date of travel, we change the scheduled departure time by more than 5 hours and this is unacceptable to you and we are unable to book you on an alternative flight which is acceptable to you, you will be entitled upon application to a full refund in accordance with Article 10.2.

9.2 CANCELLATIONS, DELAYS & DENIED BOARDING
9.2.1 We will take all the necessary measures to avoid any delay(s) in the transportation process of yourself and your baggage. In the exercise of these measures and in order to prevent from flight cancellation, we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.

9.2.2 Unless otherwise stated in the Convention or its later amendments, in case of a flight cancellation or a failure to operate the flight reasonably according to schedule or in case we cease to operate the route or you will be denied to board, your rights to remedy are being specified and determined in line with EU Regulation /EC/ 261/2004. For the rights to remedy under /EC/ 261/2004 and all the details, please click here.

9.2.2.1 All refunds shall be carried out with accordance to provisions of Article 10.2.

Upon the occurrence of the events set out in provisions of Article 9.2, the options mentioned in Article 9.2.2 are exclusive remedies available to your.

9.3 DIVERSIONS
If, for reasons outside our control, we are unable to land at the airfield at your destination and are diverted so as to land at another airfield then the carriage by air shall, unless the aircraft continues to the original destination, be deemed to be completed when the aircraft arrives at that other airfield. However, we will try, if possible, to arrange or designate alternative transportation, whether by our own services or by other means of transportation specified by us to carry you to the original destination as set out in your Ticket without additional cost.

9.4 DENIED BOARDING COMPENSATION
If we are unable to provide previously confirmed space, we shall provide compensation to those passengers with denied boarding on our flights in accordance with applicable law(s) or, if preferable, our denied boarding compensation policy.

9.5 CONNECTING FLIGHTS
Smart Wings is a low-cost carrier and as such specialize in point-to-point transportation to major European cities. Therefore, where not expressly stated, we do not offer connecting flights and can take no responsibility for any missed connections. In case you book consecutive flight(s), please note that you will have to check-in your baggage before each departure. We recommend you to reserve at least 120 minutes for this procedure(s), though no guarantee can be granted.


10. REFUNDS

10.1 NON-REFUNDABILITY
Except as provided in Articles 4.2, 10.2 and 10.3 of these Conditions, all money paid for flights operated by ourselves are non-refundable.

10.2 INVOLUNTARY REFUNDS
10.2.1 If we cancel a flight, fail to operate a flight or cease to operate a route, the amount of the refund shall be:

10.2.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid plus any associated taxes, fees and charges paid;

10.2.1.2 if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used plus any associated taxes, fees and charges paid in respect of that part of the journey not undertaken.

10.3 BEREAVEMENTS
In the event of a bereavement of an immediate family member (mother, father, brother, sister, grandparent or child) within fourteen days of travel we will upon application, make a refund in line with Article 10.2.


11 CONDUCT ABOARD AIRCRAFT

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 onboard, 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 we reasonably believe may cause or does cause 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 onboard the aircraft.

11.2 ELECTRONIC DEVICES
For safety reasons, we may forbid or limit operation aboard the aircraft or electronic equipment, including, but not limited to cellular telephones, laptop computers, portable recorders, portable 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 ARRANGEMENTS FOR ADDITIONAL SERVICES

12.1 If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.

12.2 If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.


13 ADMINISTRATIVE FORMALITIES

13.1 GENERAL
13.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through you transit.

13.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

13.2 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.

13.3 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 will not be refunded by us.

13.4 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.

13.5 CUSTOMS INSPECTION
If required, you shall attend inspection of your Baggage, by customs or other governmental or airport authorities. 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.

13.6 SECURITY INSPECTION
You shall submit to any security checks by duly authorized representatives of governments or airport authorities or by us.


14 LIABILITY FOR DAMAGE

14.1 International travel, as defined in the Convention, is subject to the liability of the Convention and European Union Council Regulation No. 2027/97 (as amended by Regulation No. 889/2002). Additionally, our liability will be determined by these Conditions of Carriage.

14.2 There are no financial limits to our liability for death, wounding or any other bodily injury suffered by a Passenger. We have strict liability up to 100,000 SDRs unless we can prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger. For claims in excess of this limit, we may be exonerated if we can prove that we and our agents took all necessary measures to avoid the damage or that it was impossible for us or them to take such measures.

14.3 We will without delay, and in any event not later than fifteen (15) days after the identity of the natural person entitled to compensation has prima facie been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. Such payment shall not be less than 16,000 SRDs per Passenger in the event of death. Making an advance payment shall not constitute recognition of liability and may be offset against any subsequent settlement. Advance payments made hereunder shall not be refunded unless:

14.3.1 we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger; or

14.3.2 where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation; or

14.3.3 it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence.

14.4 Subject to Articles 14.2 and 14.3 above, our liability provisions are as follows:

14.4.1 Any liability we have for Damage, will be reduced by any negligence of your part which causes or contributes to the Damage in accordance with applicable laws.

14.4.2 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.

14.4.3 We are not 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.

14.4.4 Our liability in the case of Damage to Baggage shall be limited to 1,000 SDRs (or equivalent) per passenger unless you have had a declaration of higher value by check-in at the latest and paid a supplementary fee.

14.4.5 Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory Damages for proven losses and costs in accordance with the Convention.

14.4.6 We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.

14.4.7 We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, or for unsuitably packed, perishable, damaged or fragile Baggage or for minor damage to the exterior of Baggage (e.g. scratches, stains, soiling, dents) resulting from normal wear and tear or for water damage to non water-resistant Baggage.

14.4.8 We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.

14.4.9 The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such employees, representatives and persons shall not exceed the amount of our own liability, if any.

14.4.10 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.


15 TIME LIMITATION ON CLAIMS AND ACTIONS

15.1 NOTICE OF CLAIMS
15.1.1 Acceptance of Checked Baggage by the bearer of the Baggage Identification Tag, without complaint and without completion of a Property Irregularity Report at the time of delivery, is prima facie evidence that it has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.

15.1.2 If you wish to file a claim or an action regarding Damage to Baggage, you must write and complain as soon as possible, attaching a copy of the Property Irregularity Report. In the case of Damage to checked baggage, you must write and complain within seven (7) Days and in the case of delay within twenty-one (21) Days, in both cases from the date on which the baggage was placed at your disposal. If an item of your checked baggage is reported lost and cannot be wound within 21 days, it shall be presumed to be lost. In such a case, you must make a complaint to us requiring compensation within the limits set out in the Convention within a further twenty-one (21) days, failing which Smart Wings shall not be liable to you.

15.2 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.


16 PLACE OF JURISDICTION / APPLICABLE LAWS

16.1 The courts of Prague, Czech Republic shall be responsible for legal proceedings pertaining to proprietary disputes arising from or in connection with the transportation of the passenger by Carrier unless another exclusive place of jurisdiction has been established. The agreement regarding the place of jurisdiction shall not apply in the territory of application of the convention and also not to persons who are not businessmen or women and have a general place of jurisdiction in Czech Republic.

16.2 This transport contract and the provisions connected with it shall be subject to Czech law unless another national law is mandatorily applicable.


17 INTERPRETATION

17.1 The individual titles of these conditions of transport serve purely practical purposes and may not be used for interpreting the text.

17.2 The approved Czech-speaking version of these general conditions of transport shall take precedence should its translations be in doubt.


18 MISCELLANEOUS REGULATIONS

18.1 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: flight and/or name changes, the carriage of young persons, reduced mobility passengers, sports equipment, musical instruments, restrictions on use of electronic devices and items and the onboard consumption of alcoholic beverages. Regulations and conditions concerning these and other matters are available from us upon request or from our website.

18.2 These conditions were issued in compliance with §4 of the Air Transportation Regulation No. 17/1966 Coll. of the Ministry of Transport and in agreement with the Ministry of Transport the following General Carriage Conditions for Passengers, Baggage and Goods.