Air Cairo Terms and Conditions
Air Cairo’s Passeger, baggage terms & conditions applying to transport contracts brokered by SunExpress (Güneş Ekspres Havacılık A.Ş.)
Scope of application
In these Terms & Conditions, “we“, “us” or “our” means Air Cairo, and “you” or “your” means any person holding a ticket who is to be carried or is carried on an aircraft, except members of the crew.
These Terms & Conditions apply to all contracts for carriage by air entered into between you and us (in our capacity as contracting and, in most cases, actual carrier (airline)), as effected through SunExpress (Güneş Ekspres Havacılık A.Ş.) acting as broker/intermediary without any operational responsibility.
In relation to SunExpress’ involvement in facilitating your flight booking you confirm, acknowledge and agree that:
- SUNEXPRESS ACTS SOLELY AS INTERMEDIARY BETWEEN YOU AND US AND AS BROKER IN THE MARKETING, FACILITATION AND MANAGEMENT OF BOOKINGS, INCLUDING REVENUE MANAGEMENT AND PAYMENT PROCESSING WITHOUT ANY OPERATIONAL RESPONSIBILITY;
- IN RESPECT OF YOUR BOOKING SUNEXPRESS IS NOT AN ACTUAL OR CONTRACTING CARRIER FOR THE PURPOSES OF THE MONTREAL CONVENTION 1999 OR WARSAW CONVENTION 1929 (INCLUDING AS AMENDED), NOR IS IT A COMMON CARRIER;
- TO THE FULLEST EXTENT PERMITTED BY LAW;
- SUNEXPRESS ASSUMES NO LIABILITY WHATSOEVER IN RELATION TO OR ARISING OUT OF YOUR BOOKING WITH US, INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF AN ITINERARY OR RELATED OPERATION OF AIRCRAFT; AND
- SUNEXPRESS [AND ITS INVESTORS, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, CONTRACTORS, ATTORNEYS AND THIRD PARTY SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE EMPLOYEES] SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACCIDENT, DELAY OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH ANY TRAVEL BOOKED THROUGH SUNEXPRESS IN ITS CAPACITY AS BROKER/INTERMEDIARY.
On some services your flight may be operated by another air carrier on Air Cairo’s behalf. This means that even if you have a reservation with Air Cairo and hold a ticket where the name Air Cairo or Air Cairo’s airline designator code (SM) is indicated as the carrier, another carrier may operate the aircraft (e.g. subcharter). In such cases these Terms & Conditions will also apply to such transportation. In cases where other carriers than Air Cairo will operate the flight we will inform you as soon as possible as to which airline will be actually providing carriage.
For all Air Cairo tickets which are sold via SunExpress’ booking systems (with SunExpress acting solely as a broker/intermediary), payments are collected and processed by SunExpress on behalf of Air Cairo.
All fares confirmed in the booking are valid only for the confirmed time, place of departure and destination for the person named in the booking confirmation. Full payment is due when the booking is completed. Air Cairo flights booked via phone or on the Internet via SunExpress’ website can be paid for by credit card (Master Card, Visa). The entire ticket price will be charged immediately.
Bookings can also be paid with Debit Card and with SOFORT Banking. SOFORT Banking is faster than a normal bank transfer and is done in real time. Your bank transfer is secured by SOFORT Banking.
In case of non or late payment (default) we are entitled to charge interest on arrears. In cases of return debits (meaning the amount charged by us is charged back in full or in part or is claimed otherwise) a return debit fee of 10.- € per booking is due and payable, if the passenger is not able to verify, that there is not a marginal or no claim originated for Air Cairo.
We are entitled to cancel the contract and to claim compensation relating to the escape clauses mentioned below in cases of notice of default without payment. Setting a deadline is not required if departure will be imminent so that setting a deadline would be impracticable. In such cases we are entitled to cancel the contract immediately and to deny carriage.
Fares apply only for carriage from the airport of departure to the airport at the point of destination. 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 the ticket, you will be advised of taxes, fees and charges not included in the fare. If there is an increase in taxes, fees or charges after the ticket has already been booked, you will be obliged to pay that particular tax, fee or charge.
For Air Cairo tickets sold via SunExpress’ booking systems, we accept seat reservations up to 6 hours before scheduled departure at the latest. The handling of a seat reservation is fee required. Please ask for the effective costs and conditions or find them at www.sunexpress.com
Please note that the following category of persons is not allowed to sit at emergency exits because of security restrictions;
– Infants (under the age of 2) and children (under the age of 14)
– expectant mothers,
– persons carrying animals in the cabin,
– physically or mentally disabled passengers,
– passengers with reduced mobility (e.g. due to body measurements,
illness or old age).
By making reservations for seats at the emergency exits you confirm that none of these criteria apply to your reservation(s). If not, we may assign another seat without reimbursement of the reservation fee.
In cases where the assignment of another seat is impossible despite exhausting all possibilities, Air Cairo reserves the right to deny air-transport.
Air Cairo will provide carriage only to the passenger named in the booking confirmation. Tickets are not transferable. Provided that you are not traveling by electronic ticket, you only qualify for transportation on presentation of a valid ticket. If you are traveling by electronic ticket you will only qualify for transportation on presentation of a valid identity card or passport and coupon storage in the reservation system.
You have the right to cancel the contract for carriage at any time. In your own interest, Air Cairo strongly recommends that you issue notice of cancellation to us (through SunExpress) by calling our Customer Service Center, quoting your booking reference number. Cancellations can also be effected via SunExpress’ website in the “My Bookings” section. A no-show will be regarded as a cancellation.
In the event of cancellation, we (through SunExpress) shall be entitled to demand the agreed payment. We will take due account, however, of any expenditure which Air Cairo or SunExpress normally save as a result of any cancellation of the contract or through reallocation.
The amount due to us shall be based on the cost of carriage. The following cancellation fees will be payable per passenger and shall be rounded up to the next full Euro. You have the right to provide us (through SunExpress) with evidence that no losses have been incurred or that the loss is substantially lower. More information about the cancellation rules can be found here.
If you wish to change your flight from an originally higher-cost fare flight to a lower-cost flight, the fare for the original flight will generally still apply. If you wish to rebook onto a higher-cost fare flight, you will generally be obliged to pay immediately and in full the difference in price to any higher fare at the time of rebooking (flight fare on the day of rebooking).
If you make any changes to your flight date, destination or named airport of departure after booking your flight/s but prior to departure, additional rebooking fees will be payable per passenger, calculated on the basis of the flight fare; fees are rounded up to the nearest euro.
More information about the rebooking rules can be found here.
Name changes and replacement passengers
We do not accept any name changes or replacement passengers at all. Name changes and replacement passengers are excluded.
Unless otherwise instructed you are committed to be at the Air Cairo check-in counter not later than two (2) hours before scheduled departure. Please keep in mind to schedule your arrival at the airport with enough time to adhere to the Check-in deadline. Furthermore you are committed to be present at the gate for boarding no later than the time provided. Air Cairo reserves the right to cancel your booking or deny boarding if you do not show up in time for Check-in or at the gate. Air Cairo will not accept liability for damages and expenses you suffered because of any breach of the provisions mentioned above.
Conduct aboard aircraft
If your behaviour on board is such that you endanger the aircraft, persons or items on board or that you prevent the crew from carrying out their duties or that you fail to follow the crew’s instructions, including those regarding smoking, drug or alcohol consumption or if you cause trouble or injury to other passengers or the crew, Air Cairo reserves the right to prevent your behaviour with every necessary and appropriate measure and to deny further transport as specified below.
Restriction/refusal of carriage
Air Cairo is entitled to refuse carriage, subsequent carriage or cancel carriage ahead of schedule of passengers or their luggage if one or more of the following occurs:
in terms of passengers
- carriage of passengers would violate applicable law, regulations or requirements of the country they departing from, going to or flying over;
- carriage of passengers would impair the safety, order or health of other passengers or crew or would cause an unreasonable burden;
- possession of weapons of any kind including but not limited to (a) firearms, cutting or thrusting weapons as well as spraying devices used for attacking or defense (b) ammunition or explosive substances (c) items that appear to be weapons, ammunition or explosive substances that have not been notified by the passenger before check-in. The carriage of those items might be acceptable as long as they are carried as cargo or checked baggage in accordance with the regulations governing carriage of dangerous goods. This does not apply to police officers that are required to carry service weapons in order to manage their duties. Before departure these passengers are committed to hand over service weapons to the captain.
- the mental or physical condition of the passenger, including derogation caused by alcohol or drugs would cause a danger or risk for the passenger himself, other passengers, crew or items;
- the passenger refuses security checks;
- the passenger has not paid the valid fare, any due taxes or other charges and fees, including any such debts for previous flights;
- the passenger is not in possession of all relevant documents required for departure/entry of the country of destination, does not carry valid travel documents or destroys these documents during the flight or refuses to hand over these documents to the crew against receipt despite request;
- the passenger infringed rules to a not inconsiderable extent on an earlier flight and there is reason to believe that such conduct may be repeated;
- the passenger in need of special care because of a medical condition, disability or other reason does not register for special care within a period of two (2) business days (48 hours) before departure;
- for safety reasons Air Cairo will not provide carriage to expectant mothers within the final four (4) weeks prior to birth. For your own safety Air Cairo would like to point out that air transport as of the 36th week of pregnancy is a considerable risk for yourself and your baby.
- if fraudulent activities are suspected and/or detected by Air Cairo, SunExpress (in its capacity as our broker/intermediary) or acquirer bank, Air Cairo is entitled to cancel the affected booking or further reserve the right to define the way of collecting the total booking amount.
in terms of baggage
- your baggage includes items that are suitable for endangering the aircraft or persons or property aboard aircraft, such as those specified in the ICAO or IATA Dangerous Goods Regulations, which are available from Air Cairo or any authorized agent;
- this particularly includes explosives, ammunition, fireworks, flares, gases, flammable/ non-flammable/ deep frozen/ and toxic liquids such as camping gas, aerosols, lighter gas and lighter fuel, paints and thinners, flammable solids such as matches and other highly flammable materials (lighters);
- self-igniting substances, substances which develop combustible gases upon contact with water, oxidizing substances such as bleaching agents and peroxides, toxic substances, pathogenic agents as well as radioactive materials;
- acrid substances (e.g. mercury in alcohol-mercury thermometers), acids (alkalis, battery fluid), magnetizing substances, all kinds of liquids and hazardous goods listed in the IATA Dangerous Goods Regulations;
- carriage of items that are prohibited by applicable laws, regulations or orders of any state to be flown from, to or over;
- carriage of items that are dangerous, unsafe or not suitable for carriage because of their weight, size or perishable or fragile nature or particular sensitivity. Further information is available from any authorized agent.
If your checked baggage includes any of those items, materials or substances mentioned above, these items, materials or substances will be removed. This requires your baggage to be opened in order to remove the item, material or substance of risk.
Within the scope of the air-transport contract you are entitled to carry along a certain amount of baggage free of charge. The limits are to be derived from the booking confirmation and the invitation to bid that has been the basis of your offer the conclusion of contract concerning. An extra charge applies for additional, overweight and/or oversized pieces. Please be aware that each item of luggage must not be heavier than 32 kg.
Please keep in mind that your baggage might be checked at check-in. Air Cairo will not accept any pointed or sharp items in passengers´ carry-on baggage (e.g. knives, scissors or manicure sets). These kinds of items have to be carried in passengers’ checked baggage.
Air Cairo will not accept any liability or responsibility for safekeeping of items being rejected at the security checks.
Your checked/hold baggage may be opened by authorities for security reasons. If it is locked, Air Cairo shall not be held responsible for any damages which may occur.
12.1 Carry-on baggage
You are allowed to bring one (1) piece of carry-on baggage up to eight (8) kg (max. measurements: 55cmx40cmx20cm) free of charge. Excess baggage will be charged with a special fee. According to Regulation (EC) No. 1546/2006 all passengers departing from airports in the European Union and Switzerland (including connecting flights) are only allowed to transport liquids, pressurized containers, pastes, lotions and other gel-like substances up to a maximum amount of 100 ml per item in their carry-on baggage. Essential is the maximum filling amount printed on the container. All of these single containers must be packed in one (1) transparent, re-sealable plastic bag with capacity not greater than one (1) liter and will be checked. Only one (1) plastic bag per passenger is allowed. Special rules apply to prescribed medication and baby food. Some Non-EU states have adopted these or similar regulations. Further information is available from Air Cairo and our authorized agents.
You do not have any claim for transportation as far as items are concerned that do not match the requirements mentioned above and that are not suitable for transportation in the cargo hold (e.g. sensitive musical instruments). These kind of items will only be accepted for carriage if Air Cairo has been notified in advance and we have approved them for carriage. Carriage of these special items is fee required. Unless Air Cairo agrees to a fee required contract of deposit, Air Cairo does not accept any liability for baggage left behind at the Check-in counter or gate.
For safety reasons, Samsung Galaxy Note 7 mobile telephones are currently not allowed to be used on any aircraft. This means that the telephone must be completely switched off and it is not allowed to be charged on board.
12.2 Special baggage
The carriage of special baggage is fee required. Sports equipment e.g. bicycles, bodyboards, surfboards etc. in particular are deemed to be special baggage. The same is true of animals. Air Cairo would like to point out that the national regulations and the IATA Live Animals Regulations will be applied. Animals must be transported in a suitable, solid, leak-proof and escape-proof container as stated in the IATA Live Animals Regulations. For safety reasons and limitation of aircrafts hold capacity the passenger has to apply in advance, with Air Cairo’s reconfirmation, for carriage of animals. The passenger is responsible for all documents required for the animal to enter the country of destination. Air Cairo reserves the right to deny carriage of animals in any case of non-compliance.
Checked baggage must not include:
- money, jewellery, precious metal, cameras, mobile phones, electronic devices (e.g. laptops or personal computers), business papers;
- identity cards, passports or other identification papers, samples and valuables, meaning items worth more than € 300,– (the cost price is the critical factor), except for clothing.
With reference to Article 20 of the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999) and Article 20 and 21 of the Warsaw Convention, Air Cairo will not accept any liability for damages to or loss of items being wrongfully carried in the checked baggage. The same is true of consequential and indirect damages.
Liability and time limitation
The Montreal Convention or the Warsaw Convention may be applicable to your carriage and these Conventions govern and may limit the liability of air carriers for death or injuries of passengers, for loss of or damage to baggage and for delay.
Where the Montreal Convention applies, the limits of liability are as follows:
1. There are no financial limits for passengers´ injury or death. For damages up to 128,821.00 SDRs (approximately €153,500,–) the air carrier reserves the right to prove that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights. The air carrier will be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage (Art. 20).
Above that amount the air carrier can defend itself against a claim by proving that the damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents or was solely due to the negligence or other wrongful act or omission of a third party. The air carrier will make an advanced payment to cover immediate economic needs.
2. In case of destruction, loss of, damage to or delay of baggage up to 1,288 SDRs (approximately € 1,500,–) unless the interest in delivery is higher than the limit mentioned above and the passenger informed the air carrier at Check-in and paid the supplementary fee or ensured that the baggage is fully insured.
3. In case of damages caused by delay up to 5,346 SDRs (approximately € 6,370,–).
Where the Warsaw Convention applies, the limits of liability are as follows:
1. 250.000 Poincare Francs (approximately € 27.400,–) as far as the Hague Protocol is applicable and 125.000 Poincare Francs (approximately € 13.700,–) as far as the Warsaw Convention is applicable.
2. 250,– Poincare Francs (€ 27,35) per kg for destruction, loss of, damage to or delay of checked baggage and 5.000,– Poincare Francs (€ 547,–) for unchecked baggage. A passenger can benefit from a higher liability limit by paying a supplementary fee for a special declaration.
Time limitation: Any action in court to claim damages must be brought within two (2) years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Air Cairo will not accept any liability for damages occurring because of the removal of items, materials or substances out of your baggage. This does not apply to cases of malice or gross negligence.
Flight schedules and times of departure
Times of departure published in flight schedules may change between the date of publication and the date of booking or departure. They are not an integral part of the contract.
Before accepting your booking, Air Cairo will communicate the scheduled time of departure in effect. Please keep in mind that Air Cairo does not guarantee set hours for departure but air transport during the day of operation that you have booked. Air Cairo will provide passengers with definite times of departure as soon as possible.
Air Cairo will endeavour to reduce any changes in times of departure to a minimum and to inform passengers as soon as possible. Due to operational reasons even provided times may change to a certain extent.
Air Cairo reserves the right to change the aircraft or delegate air transport to a third party either halfway or in full. Air Cairo will still be responsible for your carriage even though delegating air transport to another carrier. In case of delegation to another carrier, Air Cairo will inform about the change as soon as possible meaning during boarding at the latest. The blacklist of all carriers that are not allowed to deliver air transport is obtainable by the relevant National Enforcement Bodies (NEB) such as the French DGAC and the Air Transport User Council or Civil Aviation Authority for the United Kingdom.
The unauthorized operation of electronic equipment, including, but not limited to, mobile phones, laptops, PDAs, CD Players, electronic games or transmitting devices, radio controlled toys and Walkie-Talkies aboard the aircraft is prohibited and may be subject to criminal prosecution. Pacemakers and hearing aids are excluded.
All Air Cairo flights are non-smoking flights, meaning that smoking is prohibited in all areas aboard the aircraft and during your whole stay on board.
You are obliged and responsible for obtaining all required, relevant documents and visas and for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over. Air Cairo will not accept any liability for consequences resulting from your failure to obtain such documents or for your failure to follow rules and instructions.
It is your obligation to exhibit and permit copying all documents relevant for entering and/or leaving the particular country, health certificates or other important papers that are required by law, regulation, order, demand or other requirement of that country. We reserve the right to deny carriage in cases of noncompliance with prevailing provisions or incompleteness of documents. We will not accept any liability for losses or expenses resulting from failure to comply with these provisions.
Violation of conditions of entry and consequences
If you are denied entry into a country, you will be held liable for any fine imposed against Air Cairo by the relevant country. If you are refused entry into a country (final destination or transit) and in case of adjudication of authorities to do so, Air Cairo will carry you back to the place of your departure or any other place. You are committed to pay the applicable fare for that particular flight. As far as the payment of that particular fare is concerned, Air Cairo may apply the funds you have paid for parts of the journey not made or any of your funds we are in possession of. Air Cairo will not refund the pro rata fare collected for parts of your journey to the point of refusal of entry or deportation. If Air Cairo is committed to pay any fine or deposit or have to bear expenses by reason of your failure to comply with laws, regulations, orders, demands or other requirements of the countries concerned, you will have to reimburse the amount of money that we advanced on loan. To cover such expenses, Air Cairo is entitled to use the value of any unused carriage on our ticket or any of your funds we are in possession of. Fines vary from country to country and may be higher than the fare you have paid.
You accept that you have provided Air Cairo and/or our broker SunExpress with your personal data for the following purposes: the booking process itself and as the case may be, the booking of auxiliary services (also third parties), handling as far as conditions of entry are concerned and conveyance to the relevant authorities that are involved in processing your flight. You authorize Air Cairo and our broker SunExpress to pass on the data to our offices, empowered agents, domestic and foreign authorities, other airlines or persons rendering services mentioned above in order to execute in a proper way. There are contracts between Air Cairo and SunExpress regarding the protection and transfer of personal data in accordance with data protection regulations.
The air fare does not include a travel cancellation insurance. We strongly recommend to effect that kind of insurance while booking your flight. In case of an insured event, it is your obligation to inform the insurer in writing immediately. Air Cairo is not involved in claim settlement.