For passengers
General Terms and Conditions for passengers
1. DEFINITIONS
Expressions used in these General Conditions of Carriage for Passengers and Baggage (hereinafter – the Conditions, Conditions of Carriage) have the following meaning;
We, Our, Ourselves and Us means AS „Skystream Airlines“, address: Lõõtsa 8, 11415, Tallinn, Estonia.
You, Your, Yourself and Passenger means any person, except members of the crew, carried or to be carried in an aircraft, named in the Ticket or the List of Passengers.
List of passengers means a list of Passengers provided to Us by the Client for a certain flight performed under the Charter Flight Agreement entered into with the Client together with the list of persons who have separately publicly acquired Tickets for the particular flight.
Ticket means a material or immaterial (electronic) document issued by carrier or its Client that entitles You to travel on a certain flight and carry the prescribed Baggage and is an integral part of the Conditions of Contract conditions. Baggage receipt is an integral part of the Ticket.
Boarding pass – a document which is issued to the Passenger upon check-in and which entitles You to board the aircraft.
Check-in Deadline – the time limit specified by Us by which You must have completed check-in formalities and have received Your Boarding pass and/or Baggage identification tag.
Travel documents – mean the passport or ID card, invitation, visa, insurance, and other documents which are necessary for the relevant trip.
GDPR – The General Data Protection Regulation No. 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area and replaces Data Protection Directive 95/46/EB. It also addresses the export of personal data outside the EU and EEA areas.
Conditions – these General conditions of carriage (Passengers and Baggage and other conditions as provided by the Charter Flight Agreement and (or) in the Ticket, which We apply in executing air carriage of a Passenger and its Baggage.
Airline Designator Code – the two letters HN or the three characters HST code, which identify Us as a particular air carrier.
Baggage – articles which, according to Your choice, are carried together with You as Checked Baggage, Unchecked Baggage, or personal items which, in accordance with the special conditions, You may take with You, free of charge, on board along with Your hand luggage.
Baggage Identification Tag – a document which is issued solely for the identification of Checked Baggage, of which one half is attached to a piece of Your Checked Baggage and the other half is issued to the Passenger. Baggage identification tag must be kept until the passengers collect their baggage.
Checked baggage means Baggage of which We take custody and for which We have issued a Baggage Identification Tag.
Unchecked baggage and Cabin baggage – any article of Your Baggage which, according to the Conditions, is not Checked baggage which You take to the aircraft and for which You take sole custody throughout Your trip.
Prohibited items mean items that can be used to perform unlawful acts or items that have not been properly declared according to valid legal acts and rules or that are prohibited by legislation to be carried on an aircraft or by Passengers or in Unchecked baggage to be brought on board of an aircraft or to a controlled zone or to be carried in the Checked baggage.
Carriage means carriage of Passengers and/or Baggage by air which is performed pursuant to a Charter Flight Agreement between Us as actual carrier and the Client (contracting carrier (charterer or tour operator)) and is subject to the Charter fight agreement. Carriage also means carriage of Passengers and/or Baggage by air which is performed pursuant to the contract of carriage entered directly by Us between Us as contractual carrier with the Passenger.
Charter flight agreement means the agreement entered between Us as actual carrier and the Client.
Client is the person/entity (contracting carrier (charterer or tour operator)) with which we have entered into a Charter Flight or a block seat agreement.
Convention means any of the following applicable documents and their annexes: The Convention for Unification of Certain Rules related 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 Warsaw Convention as amended by the Additional Protocol No. 1 in Montreal (1975); The Warsaw Convention as amended at the Hague and by Additional Protocol No. 2 in Hague and Montreal (1975); The Warsaw Convention as amended by Additional Protocol No. 4 (1975) in Hague and Montreal; The Guadalajara supplementary Convention (1961); The Convention for Unification of Certain Rules related to International Carriage by Air, signed in Montreal on 28 May 1999; Tokyo Convention on Offences and Certain Other Acts Committed on Board of the Aircraft signed in 1963; Chicago Convention of International Civil Aviation (ICAO) signed on 7 December 1944.
Regulation No 261/2004 – Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to Passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
Damage means death or bodily injury of a Passenger, partial or total loss of the Baggage, including theft from the Baggage, arising out of or regarding Carriage or other services performed by Us.
Force majeure means special circumstances which could not have been predicted or avoided and the consequences of which could not have been avoided even if all reasonable measures were taken.
SDR means a Special Drawing Right, a unit of currency that is the official unit of exchange of 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.
Unlawful act means unlawful actions (action or omission to act) or attempts to perform such actions, which pose a threat to the safety of civil aviation, air transport, life or health of people, and other well-being protected by law. Furthermore, it means actions which, regardless of whether they constitute unlawful acts or not, may result or result in danger for the safety of the aircraft and the people or property on board the aircraft, or pose a threat to the order and/or discipline on board the aircraft.
APPLICABILITY OF CONDITIONS
2.1. GENERAL
2.1.1. Except as provided in Articles 2.2 and 2.3, these Heston Airlines Conditions of Carriage apply to the flights where our name or Airline Designator Code is indicated in the Ticket.
2.2. OVERRIDING LAW
2.2.1. If these Conditions of Carriage or parts thereof contravene the mandatory provisions of applicable law, that law shall prevail.
2.2.2. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
2.3. CONDITIONS PREVAIL OVER REGULATIONS
2.3.1. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
3. TICKETS
3.1. GENERAL
3.1.1. We will provide Carriage only to the Passenger named in the Ticket and/or the List of Passengers. During Your flight check-in You must prove Your identity so that We can identify that You are the person named in the Ticket and/or the List of Passengers. If We have information that Your Ticket may have been acquired unlawfully, We reserve the right to request You to submit additional details or information related to the acquisition of Your Ticket.
3.1.2. Tickets purchased are not transferable. Only the person named on the Ticket is permitted to travel using the Ticket.
3.1.3. You will not be allowed to travel if You fail to provide a valid Ticket (confirmation of reservation) for a certain flight and a valid identity document.
3.1.4. The Ticket is a valuable document and You should take appropriate measures to safeguard it and ensure it is not lost, stolen or damaged. This provision is not applicable to an electronic Ticket.
3.1.5. Tickets shall not be valid unless the charter price, including, if applicable, taxes, levies, charges, increases and the like have been paid for Us by the Client or until credit arrangements established by Us have been complied with, pursuant to the terms of the applicable Charter flight agreement.
3.2. TICKET VALIDITY PERIOD
3.2.1. Ticket is valid only for the flight dates specified in the Ticket.
3.2.2. Tickets issued by the Client are valid provided that the Client pays Us for the certain charter flight or the block seats and duly fulfills all the other obligations under the Charter flight agreement We have entered into.
3.3. NAME OF THE CARRIER
3.3.1. Instead of Our name on the Ticket, Our Airline Designator Code or an abbreviation of Our name may be specified. You can request information about Us from the Client and/or find it on Our website www.heston.aero. The Client is always the contracting carrier in respect of the Ticket issued by Client for carriage of Passengers and/or Baggage by air which is performed pursuant to a Charter flight agreement between Us as actual carrier and the Client and such carriage is subject to the Charter Flight Agreement.
4. FARES, TAXES, FEES AND CHARGES
4.1. FARES
4.1.1. Ticket fare for the Passenger is determined by the Client and applies only to 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.
4.2. TAXES, FEES AND CHARGES
4.2.1. 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.
4.3. CURRENCY
4.3.1. 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 the Client during the payment or prior to payment.
5. RESERVETIONS
5.1. RESERVATION REQUIREMENTS
5.1.1. We or the Client make reservations for the flights. If reservations are made by the Client, the Client shall provide Us with the List of Passengers in accordance with the Charter Flight Agreement entered into between Us and the Client.
5.1.2. We or the Client may request an additional administrative payment for the issue, change of the Ticket or the provision of the related services thereof.
5.1.3. If You failed to pay for the Ticket by the date specified by Us or Our Client, or Our authorized representative, We or the Client have a right unilaterally and without any prior notice to cancel Your reservation for the flight.
5.2. SEATING
5.2.1. For all flights, Passengers are assigned seats on the aircraft at the time of check-in free of charge. Also, Passengers can pre-order a seat for an extra charge if there are vacant seats. We reserve the right at any time, even after boarding, to change Passengers' seat. We, or ground handling staff, or the aircraft crew have the right to change a Passenger’s seat if it is related to flight safety requirements or changes to the aircraft type or for other unforeseen reasons. In this case, if the Passenger has paid in advance for the seating, the Passenger may have this charge refunded. Seats in the emergency exit rows can only be booked for passengers who meet the following requirements: Passenger is at least 12 years old. Passenger is willing to help in the unlikely case of an emergency. Passenger is capable of reading and understanding instructions and of carrying out the instructions of the crew in an emergency. Passenger is able to carry out the instructed tasks without the help of a companion, parent or other relative. Passenger is not travelling with a passenger who would be dependent on your help in case of an emergency. Passenger has no physical or mental disabilities. Passenger is not travelling with an animal in the aircraft cabin. In order to ensure the safety of everyone on board, We, or ground handling staff, or the aircraft crew have the right to change a Passenger’s seat to customers who cannot meet these requirements. Please also note that any carry-on baggage must be stowed in overhead bins as no items may be put near or under the seats during take-off and landing.
SPECIAL ASSISTANCE
6.1. Infants / children / minors
6.1.1. Infants under the age of 2 years as of the date of travel may fly on an adult’s lap as an infant Ticket does not include a separate seat on the aircraft. If You want to have a separate seat for an infant, You must purchase a child’s Ticket. One adult can accompany only one infant. The number of infants on a flight is limited by the number of infant seat belts. Other infant protection devices, such as car-type baby chairs, baby cots, blankets etc., can in no event be used as infant safety belts. Baby chairs are not allowed in the cabin. If the infant reaches the age of 2 years prior to the return journey adult travelling with infant must pay the applicable fare, taxes, fees and charges for that part of the journey. In accordance with the stipulations that must be met by all other Passengers, the infant must have a valid identity document and other travel documents.
6.1.2. Children under 12 years of age can only travel when accompanied by an adult of at least 16 years of age. Children should not be permitted to wander around the aircraft on their own and must not touch the main door or emergency exits. In instances of the special transportation of groups of children under 12 years, such groups must be accompanied by adult persons numbering no less than 10 % of the number of children to be carried. An adult may attend a group of children if they are not in charge of an infant during the flight. In accordance with the stipulations that must be met by all other Passengers, all children must have a valid identity document and other travel documents.
6.2. Unaccompanied minors 6.2.1. For children 5-12 years of age this service is mandatory, but for children 12-16 years of age, this service is optional if requested by their parents or guardians. This service ensures that the child is under the supervision of the airline from check-in until the child has met his/her parent or guardian upon arrival at the destination. Upon arrival at the airport, the parent / guardian must know the name, surname and contact details of the parent/guardian who will meet the Passenger at the destination. This information must be provided at the airport at the time of checking-in for the flight. Note that the parent or guardian must remain at the airport until the flight has departed. At the final destination, the parent or guardian must arrive on time for the arrival of the flight. The unaccompanied minor service must be arranged and paid for in advance as prior confirmation is required due to the limited number of unaccompanied minors per flight. Children under the age of 5 years are not accepted for flight without an accompanying person.
6.3. Passengers with special needs
6.3.1. Acceptance for carriage of incapacitated person or other people that require or may require special assistance is subject to prior arrangement with Client or travel agent prior to the purchase of the Ticket. Client or travel agent must receive Heston Airlines confirmation about such service prior to the sale of a Ticket to such Passenger. At Your request, the Client will provide all the information about our requirements and the services We provide.
6.4. Travelling during pregnancy
6.4.1. For the safety and comfort of all pregnant women traveling by air, the following regulations have been introduced:
Weeks Restrictions 0 – 27 weeks of single pregnancy / 0 – 27 weeks of multiple pregnancy Clearance not required
28 – 36 weeks of single pregnancy / 28 – 36 weeks of multiple pregnancy Medical certificate required from 37th week of single pregnancy or multiple pregnancy Not allowed to travel
Medical certificates must be dated within 14 days of flight departure. All medical certificates must include this information:
- the signature of a doctor or obstetrician;
- the certificate must be issued on a clinic / hospital form; indication of whether the pregnancy is single or multiple;
- number of weeks of pregnancy and expected date of birth; state “Fit to fly”;
- must be written in English or Lithuanian and understandable.
After the 28th week of pregnancy, Passenger assumes full responsibility for any consequences during the flight.
Air travel is prohibited for women within the first 7 days after delivery.
Expectant mothers who cannot present a pregnancy passport / medical certificate / pregnancy statement to prove their stage of pregnancy may be denied boarding for safety reasons if the airline representative has doubts that the Passenger can withstand the flight without requiring extraordinary care.
6.5. Passengers who are overweight. Overweight Passengers can book an extra seat. Extra seating can be ordered via the purchase of an additional adult Ticket.
7. CHECK-IN AND BOARDING
7.1. Check-in Deadlines are different at every airport and We recommend You check the information Yourself about these Check-in Deadlines in advance and honor them. Check-in counter closes 40 minutes before scheduled time of departure. Boarding gates are closed 15 minutes before scheduled time of departure. Your journey will be smoother if You have enough time for check-in and other departure procedures. We reserve the right to cancel Your flight reservation and refuse to carry You without providing any compensation if you fail to comply with the check-in deadlines indicated. You will be considered checked-in for the flight when a boarding pass has been issued to You. 7.2. We may cancel Your reservation if You fail to present yourself at the boarding gate on time. After the boarding gate has been closed, it is impossible for You to board the aircraft. 7.3. 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.
8. REFUSALAND LIMITATION OF CARRIAGE
8.1. If We have notified You in writing that We are refusing to carry You on all Our flights due to Your misbehavior on board or for any other reasons stipulated in international and national law, including cases of unlawful acquisition of Tickets, We may unilaterally refuse to carry You and Your Baggage after the date of such notice. If You have received a notification about Our refusal to carry You on Our flights, You have no right to travel on Our flights. If during the period of refusal specified in the notification You attempt to travel on Our flights, We will refuse to carry You without Your consent and the money for the Ticket will not be refunded.
8.2. We may also refuse to carry You or Your Baggage in the cases stipulated in these Conditions of Carriage or if one or more of the following have occurred or We reasonably believe may occur:
8.2.1. Such action is necessary in order to comply with the requirements of applicable law;
8.2.2. Carriage of You and Your Baggage may endanger or effect the safety, health or comfort of other Passengers or crew or endanger Our and Our Passengers’ property;
8.2.3. Your mental, emotional, or physical condition, including use of alcohol or drugs, may endanger or effect the flight safety, aviation safety, Yourself, Passengers, crew, Our and Our Passengers’ property or result in discomfort or prevent the crew from performing their duties;
8.2.4. You have committed misconduct on a previous flight and/or You have been arrested for violation of aviation safety and We believe that such conduct may repeat;
8.2.5. You have refused to submit to a security check or have refused to have Your belongings checked, or You have avoided such checks, or You are carrying Prohibited Items;
8.2.6. You have not paid the applicable fare, taxes, fees or charges related with the Tickets;
8.2.7. You have threatened, abused or insulted another Passenger, ground operation agent or a member of the crew or opposed the actions of ground operation agents or crew members or You have failed to follow legitimate requirements related to, for instance, the safety and security of Our ground handling agents and members of the crew;
8.2.8. During check-in, boarding and/or the flight You have endangered other Passengers, ground operation agents and members of the crew;
8.2.9. You do not appear to have and/or fail to surrender upon request Your valid personal documents, visa, You seek to enter a country through which You may be in transit or for which You do not have valid travel documents, destroy Your travel documents during the flight or refuse to surrender Your travel documents to the flight crew when so requested, or if We have reasonable grounds to believe that You will not be permitted to enter the country of Your destination or any other country through which You may be in transit;
8.2.10. You cannot prove that You are the person named in the Ticket or on the List of Passengers;
8.2.11. You fail to observe Our safety and security regulations;
8.2.12. You have smoked, or attempted to smoke, on a previous flight with Us;
8.2.13. You present a Ticket that has been issued unlawfully or You present a Ticket that has been reported as being lost or stolen or You present a Ticket that is counterfeited or damaged and within which it is not possible to identify the required data or You present a Ticket that has not been issued or replaced by the Client. If We have in the reasonable exercise of Our discretion under this Article
8.2 refused to carry You on the basis of any of the above, or have removed You from route, We may cancel the remaining unused portion of Your Ticket and You will not be entitled to further carriage. We will not be liable for any consequential loss or alleged damage due to any such refusal to carry.
8.3. Right to refuse carriage when there are reasonable grounds to believe that the Passenger acquired the Ticket unlawfully. If the Ticket has been paid electronically by a bank card that belongs to another person, We have the right to cancel Your reservation for the flight and/or refuse to carry You, if:
8.3.1. We suspect that the Ticket has been acquired unlawfully using a bank card that belongs to another person and at check-in or upon Our prior request, i.e. prior to the flight for which You have acquired the Ticket, You refuse or cannot specify the personal data of the owner of the bank card (first name, surname, and place of residence), the price of the Ticket, and other circumstances related to the acquisition of the Ticket;
8.3.2. The Ticket has been acquired using a bank card that belongs to another person and You specified the personal data of the owner of the bank card (first name, surname, and place of residence), the price of the Ticket, and other circumstances related to the purchase of the Ticket, but refuse to sign an obligation to compensate Us for the price of the Ticket(s) and any other loss arising therein, if it occurs that the Ticket has been unlawfully acquired using a bank card that belongs to another person;
8.3.3. It is known that the Ticket has been acquired unlawfully using a bank card that belongs to another person, i.e. the owner of the card or the bank that has issued the card used for purchasing the Ticket informs Us that his bank card has been used without the knowledge of the owner or by other unlawful means.
Caution: If Ticket(s) has(ve) been unlawfully acquired using a bank card that belongs to another person, We will always report this to the relevant law enforcement authorities. We take no responsibility for any of Your losses if, as prescribed in the law, at the place of check-in You are detained by law enforcement authorities. Any loss arising from Your unlawful actions will be claimed from You under the applicable law.
8.4. Special assistance
8.4.1. Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement 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. At Your request, We and/or Our Client will provide all the information about Our requirements and the services We provide.
9. BAGGAGE
9.1. General
9.1.1. Baggage accepted for Carriage must comply with the limitations for the size and weight set out for all Baggage. During flights, Baggage may be transported in the cabin and in the cargo hold. All items You may require during the flight should be in Your Carry-on baggage, which You may take in the cabin with You.
Larger Baggage and other kinds of larger items are transported as Checked baggage in the cargo hold. Specialty items, such as various sports equipment, musical instruments, pets, children’s car seats, folding buggies, prams or baby seats, etc., fall under separate rules and fees.
BAGGAGE ALLOWANCES: Checked-in baggage 30 kg*; maximum dimensions 158 cm (height + length + width). 1 item Maximum weight of a single baggage item cannot exceed 32 kg. Tolerance – 0 kg.
Additional checked-in baggage for passengers with infants (for a child younger than 2 years who will be traveling on your lap) – 10 kg; maximum dimensions 158 cm (height + length + width). 1 item (1 folding buggy or 1 car seat packed appropriately for transportation) is allowed free of charge.
* EXCEPTIONS:
Conditions may differ depending on the flight, please check luggage allowance before purchasing a ticket.
9.2. Unchecked baggage (Cabin baggage)
9.2.1. Each Passenger (including infants) may take one hand baggage item that does not exceed 8 kg with him onto the cabin. Carry-on baggage dimensions cannot exceed 55 x 40 x 20 cm. Aside from free carry-on baggage, Passengers may also have a small backpack/handbag/laptop bag, not exceeding 30 x 40 x 10 cm dimensions or a throw, blanket, on-board reading materials, baby food, umbrella, cane, crutches, folding wheelchair for Passengers with disabilities or one bag of duty-free items.
9.2.2. If a Passenger is at the boarding gate and his/her Cabin baggage is overweight, oversized, or exceeds the quantity permitted, this Cabin baggage will be forwarded to the aircraft cargo compartment and a Baggage fee will apply.
9.3. Checked baggage
9.3.1. Passenger may carry a certain number of pieces of Checked baggage, subject to the maximum weight and dimensions for one piece of Checked baggage (Article 9.1.1.) Passengers may check-in a set quantity of check-in baggage. Any baggage that exceeds the set quantity (in weight, size or item numbers) will be regarded as excess Baggage and is subject to fees. Checked baggage is loaded in the aircraft cargo compartment and is transported on the same aircraft as the Passenger. Only properly closed, zipped and locked suitcases or other pieces of Baggage are accepted for carriage.
9.3.2. Upon accepting and checking Your Checked baggage, We or Our Authorized Agent issues a Baggage Identification Tag, bearing Your name and other information about Your flight, for each piece of Checked baggage.
9.3.3. Checked baggage must bear Your name or other personal information.
9.4. Excess baggage or non-compliance with size limitations
9.4.1. Passengers may check-in a set quantity of free Checked baggage. Any Baggage that exceeds the set quantity (in weight, size or item numbers) is regarded as excess Baggage and is subject to fees.
9.4.2. If Your Baggage exceeds the allowances for Checked Baggage, We have the right (without assuming any liability) to refuse to carry such Baggage, or accept to carry the Baggage (or part thereof) if You pay an additional fee for such excess Baggage. If the number of Baggage Units is exceeded, Baggage will be charged for each additional kilogram.
9.4.3. Passenger will be charged for excess baggage at the rates applicable for collection at the time of check-in at the airport. If the Passenger has prepaid for excess Baggage at the self-check-in, at US or Our Client, or at the travel agency, but the actual weight of Checked baggage exceeds the limit for which Passenger has paid, the difference will be charged during check-in at the airport. Special baggage fees for most of Our flights can be paid at Us, or Clients or travel agency in advance. In case you need additional info, please request it during purchase of the tickets.
9.4.4. If the size of Your Baggage does not comply with our size limitations, We have the right (without assuming any liability) to refuse to carry such Baggage.
9.5. Prohibited items for carriage
9.5.1 The following items are prohibited from being carried in Unchecked baggage:
Firearms and non-firearm weapons and ammunition: all items which are suitable or appear to be suitable for firing a projectile or items which can cause injury;
Stun or shock devices: devices intended for stunning or causing immobility of an individual;
Items with sharp ends or edges: items with sharp end or edges which may endanger the safety of the aircraft or individuals (injure individuals) or property on board the aircraft;
Work tools: tools which may endanger the safety of the aircraft or individuals (injure individuals) or property on board the aircraft;
Blunt items whose impact may endanger the safety of the aircraft or individuals (injure individuals) or property on board the aircraft;
Liquids in containers exceeding 100 ml capacity (total liquids cannot exceed 1 litre per person). The concept of liquids includes gels, pastes, lotions, mixes of liquid and solid substances, and the content of hermetically sealed containers, e.g. toothpaste, hair styling gel, beverages, soups, syrups, perfumes, shaving foam, aerosols, and other products of similar texture;
Explosives and incendiary substances and incendiary devices which may endanger or seemingly endanger the aircraft or people or property on board the aircraft; As well as other items which may not be carried in Checked baggage (IATA and ICAO regulations).
9.5.2. The following items are prohibited from being carried in Checked baggage:
Explosives and incendiary substances and incendiary devices which may endanger or seemingly endanger the security of the aircraft or individuals or property on board of the aircraft, including, but not limited to, firearms and ammunition, unless these satisfy the requirements of IATA and ICAO regulations, blasting caps, detonators and fuses, mines and other explosive military stores, fireworks and other pyrotechnics, smoke generating canisters and cartridges, dynamite, powder and plastic explosives;
Items the Carriage of which is prohibited by the applicable laws and other regulations of the country of origin or destination; Items which, considering the type of the aircraft, are unsuitable for Carriage due to their weight, size, form or other characteristics that may endanger security and safety;
Other items which are likely to endanger the security of the aircraft or persons or property on board of the aircraft and are specified in the International Civil Aviation Organization (ICAO) Technical Instructions for Safe Transport of dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015, and in our rules, which You may familiarize Yourself with by asking the Client or consulting Our website;
Firearms and ammunition can be carried only as Checked baggage. Firearms must be unloaded (with the ammunition not loaded in the firearms and separated from the case containing the firearm), with a safety mechanism, and suitably packed (in a special case). Carriage of firearms and ammunition is subject to ICAO and IATA regulations and applicable legislation. The firearms carried on board the aircraft must be declared to the services registering Passengers of civil aviation companies;
Acceptance for carriage of weapons is subject to prior arrangement with the tour operator prior to the purchase of the Ticket. The Agent, prior to selling the Ticket to such Passenger, must receive Heston Airlines’ confirmation regarding such service. At Your request, the tour operator will provide all the information about Our requirements and the services We provide;
Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked baggage, provided this does not violate safety and security requirements and that they are suitably packed. However, these items are prohibited from being carried in the cabin of the aircraft;
You must not include in Your Checked baggage fragile or perishable items or items having a special value, such as money, keys, medicines, medical documents, glasses, sunglasses, cameras, video cameras, and other valuable electronic or technical equipment and their auxiliary parts, computers, personal electronic devices, telephones, mobile telephones, batteries of electronic equipment, jewelry, precious metals, precious and semi-precious stones, musical instruments, securities, or other valuables, valuable pieces of art, business documents, passports and other identification documents, or samples;
Aviation security officers may refuse to admit a Passenger in the limited access area and/or aircraft cabin who is carrying a suspicious looking item or refuses to carry such item as Checked baggage.
9.5.3. If, despite being prohibited, any items referred to in Articles 9.5.1. or 9.5.2. are included in Your Baggage, We take no responsibility for any loss or damage to such items.
9.5.4. Applicable law may prescribe other restrictions to the Checked and Unchecked baggage.
9.6. Right to refuse carriage of Baggage
9.6.1. We will refuse the carriage as Baggage of any prohibited items referred to in Article 9.5.
9.6.2. We may refuse the carriage as Baggage of any item not suitable for Carriage due to its size, form, weight, content, or other characteristics that may affect the safety of the flight, the smooth working of the crew, or the comfort of Passengers.
9.6.3. We may refuse the carriage as Baggage of any item if it is not suitably and safely packed.
9.7. Right of search
9.7.1. For reasons of safety and security We may request that You permit a search, scan, and check of Your Baggage. If You are not available, Your Baggage may be searched in Your absence for the purpose of determining whether Your Baggage contains any prohibited items specified in Article 9.5.
9.7.2. If You refuse to comply with this request, We may deny carriage of You and/or Your Baggage. In the event that such 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 it occurred due to Our fault or gross negligence.
9.8. Collection and delivery of Checked baggage
9.8.1. According to Article 9.3.2. and 9.3.3. You are required to collect Your Checked baggage as soon as it is made available at Your destination or stopover. Should You not collect it within a reasonable time, We may charge You a storage fee. Should Your Checked baggage not be claimed within two (2) months of the time it is made available, We may dispose of it without any liability to You.
9.8.2. Only the bearer of the Baggage Identification Tag is entitled to delivery of the Checked baggage.
9.8.3. 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.
9.9 Pets in the cabin Animals can be transported in the cabin if the following requirements are fulfilled:
9.9.1. PETC (pet in cabin) shall be a pet (only a dog or a cat) in the cabin in an approved transport container (maximum size 50x40x20 cm and maximum total weight of 8 kg). The transport container must be completely shut, and the pet must remain inside for the duration of the flight. The transport container must be stored under the seat in front of You. The transport container must be appropriate for transporting animals:
The door must be secured in such a manner that it will not open accidentally or cannot be opened by Your pet during handling and transport.;
The container must be well ventilated. The bottom of the container must be leak-free;
The pet must have enough space to stand up, turn around and to lay down;
9.9.2. Passengers transporting pets must have valid health and vaccination certificates, pet passports, veterinary entry documents and other documents, required by destination and transit countries, without which the pet will not be permitted to enter these countries.
9.9.3. Pregnant animals or pets under 8 weeks old are not allowed onto our flights.
9.9.4. Assistance dogs, such as guide dogs or hearing dogs, may travel with the Passenger in the cabin without weight restrictions applying; approval from the airline must be obtained in advance.
9.9.5. Passengers travelling with pet in the cabin are subject to restrictions on the choice of seat. Passengers with pet in cabin and assistance dogs cannot be seated: at/near emergency exits; next to VIP Passengers; next to Passengers with reduced mobility.
9.9.6. The transport container with the pet must be stored on the ground.
9.9.7. Pets are subject to additional fees. Please contact the Client or Your travel agent for more information on pet transportation.
Note: While carrying Pets between countries on connecting by flights, all consequences resulting from each local law and rule/regulation related to animal carriage are the Passenger’s own responsibility.
9.10. Special baggage
9.10.1. We also provide Carriage of sports equipment, prams, wheelchairs and other special Baggage if You have observed the respective allowances for Baggage type in terms of maximum size, weight and unit number, and any other restrictions.
9.10.2. If You wish to transport special equipment, You should inform Us in advance, provide Us with the exact measurements of Your special Baggage, and receive Our approval for transportation.
9.10.3. Special Baggage constitutes sports equipment or any other special Baggage that does not meet the requirements for Check-in baggage (exceeding 158 cm). 9.10.4. Special equipment is transported for a set fee only. 9.10.5. We may refuse to transport special equipment if: We have not been notified in advance about the planned special Baggage carriage and no confirmation of its transportation has been received from Us; The object is not suitable for Carriage in the cargo compartment (for example, delicate musical instruments); The object is not packaged appropriately for transportation. 9.10.6. We do not accept the following sports equipment on board: Kayaks, canoes and oars/paddles; Hang-gliders; Spears; Pole vault poles;
10. SCHEDULES
10.1. Before reservation, the Client will notify You of the charter flight time on the day You purchase the Ticket and such information shall also be specified on Your Ticket. The flight timings shown on Your Ticket or elsewhere may change between the date of reservation and the date of travel; the flight can be delayed or cancelled.
The Client will notify You of any such changes using Your specified contact details. Information about any changes to the charter flight time using the contact details, including email address, specified by You to the Client shall be considered duly delivered.
10.2. If Your chosen flight, for which You hold a confirmed booking and a purchased Ticket, experiences a change in time, is delayed or canceled, or, in cases of denied boarding or downgrading of service class, We act according to the demands of the Regulation No 261/2004.
10.3. We take all possible measures to avoid changes in flight times, flight delays or cancellations. Therefore, in cases where We are taking or have taken such necessary actions, We, among other things, are entitled to complete the flight to Your chosen destination with another aircraft and/or to entrust the operation of the flight to another Carrier if thereby, in Our opinion, it shall be possible to avoid changes in flight times and flight delays or cancellations, and/or to decrease the flight delay time.
11. Conduct aboard the aircraft
11.1. If We have reason to believe that Your conduct endangers the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instructions of the crew, including, but not limited to, those with respect to smoking, alcohol or drug consumption, or causes discomfort, damage or injury to other Passengers, property or the crew, We may, at Our discretion, take the necessary actions, including restraint, to prevent such conduct.
You may be refused Carriage at any time, both on current and future flights, and You may be sued for damages caused or be prosecuted for offenses committed on board the aircraft.
11.2. For safety reasons, We may forbid or limit aboard the aircraft the operation of electronic equipment, including, but not limited to, mobile phones, laptop computers, tablets, electronic games, transmitting devices, radio-controlled toys and walkies-talkies. The operation of hearing aids and cardiac pacemakers is permitted.
For safety reasons, laptops and larger portable electronic devices must be stowed during taxi, take-off and landing or at any other time as requested by the Captain. Small portable electronic devices may be used during all stages of a flight if Flight Mode is selected. Any device that transmits or receives communications which does not have a flight mode, must be switched off for the duration of the flight.
11.3. If as a result of conduct by You which is prohibited under Article 11. We decide, in the exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading You, You must pay all reasonable costs resulting from such diversion.
12. Administrative formalities
12.1. General
12.1.1. 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 which you transit.
12.1.2. 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.
12.2. Travel documents
12.2.1. Prior to travel, You must present to Us, our employees, agents or representatives all entry, exit, health and other documents required by law, regulations, orders, or demands of the countries concerned. We are entitled to make and retain copies of these documents or retain the information contained in such documents.
We reserve the right to refuse to carry a Passenger who fails to comply with the applicable law, regulations, orders or demands related to entry to another country or if there is suspicion that his/her travel documents are not in order or if s/he prevents Us from making copies of the documents or in any other way retain the data available in the relevant documents. A child’s birth certificate is not an valid travel document for traveling abroad.
12.3. Refusal of entry
12.3.1. If You are refused entry into any country due to immigration inadmissibility, You will be required to pay any fines levied against Us by the Government or immigration authority concerned, plus the cost of transporting You from that country back to Your point of origin or elsewhere.
We will not refund any flight You are unable to use as a result of Your refused entry.
12.4. Passenger responsible for fines, detention costs, etc.
12.4.1. If We are required to pay or deposit any fine or penalty or incur any expenditure by reason of Your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned, You shall reimburse Us on demand, any amount paid, or expenditure incurred.
12.5. Customs inspection
12.5.1. 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.
12.6. Security inspection
12.6.1. You must submit to any security checks of Your person or Baggage, since Passenger and Baggage security inspection constitutes a major prevention measure aimed to assure aviation safety which is applicable to all Passengers and Baggage and grants the right to board the aircraft.
12.6.2. We are not liable for any loss or Damage suffered by You if it is caused due to our refusal to carry You because We believe/may believe that Your Carriage will be in breach of the rules, requirements, orders or instructions of the relevant country of origin/destination/transit or any other applicable law.
12.6.3. We shall not be liable if, due to security inspection or detention, You miss your flight. In such cases, the flight that You are late for will not be refunded.
13. Liability for Damage
13.1. General
13.1.1. Unless provided otherwise in these Conditions, the Carriage referred to here-under (even where such Carriage is not international Carriage) is subject to the following legal acts regulating Carrier’s rights and obligations:
“The Convention for the Unification of Certain Rules Relating to International Carriage by Air”, signed in Warsaw, 12 October 1929;
The Warsaw Convention as amended at the Hague on 28 September 1955;
“The Convention for the Unification of Certain Rules for International Carriage by Air” signed in Montreal, 28 May 1999 and others mentioned under Convention;
Council Regulation (EC) No. 2027/97 of 9 October 1997 on air carrier liability in respect of the carriage of Passengers and their Baggage by air;
Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to Passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91;
Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air and others.
13.1.2. In addition, the following provisions shall be applicable:
13.1.2.1. If We prove that losses have been caused, or have been contributed to, by negligence or prohibited actions, or lack of action, on Your part or on the part of the person whose rights You have assumed, then We will be wholly or partially exempt from liability to You, to the extent of losses caused by or contributed to by said negligence, prohibited actions, or lack of action;
13.1.2.2. We do not assume liability for losses caused by You or Your Baggage, unless it is Our fault or due to Our gross negligence. You are liable for any losses to other persons or other persons’ property (including Us or Our property) caused by You or Your Baggage.
13.1.2.3. We are liable only for losses or other Damages incurred during Carriage on flights operated by Us.
13.1.2.4. We are not liable for any losses or other Damages occurring to You due to Our compliance with existing legal acts and appropriate procedures, or from Your failure to comply with the same.
13.1.2.5. In order to prove the expenses incurred and/or the extent of Damage, Your responsibility is to supply the documents that We request within the specified period of time, including documents supporting Your expenses if claiming their reimbursement (for example, a sales receipt for Your purchase showing the date, transcript of purchase, and price of purchase). Otherwise, our liability may be limited to the extent of the proven amount of losses incurred.
13.1.2.6. In any case, We are not responsible for loss of profit, indirect losses, or losses resulting from such consequences.
13.1.2.7. These conditions, limits of liability, and exceptions apply to Our staff, crew, and Authorized Agent to the same extent as they apply to Us. The total amount recoverable from Us or said persons may not exceed the upper limit of Our own liability pursuant to these Conditions or the legal acts listed under Article 13.1.1.
13.1.2.8. None of the provisions contained in these Conditions revoke any due liability of Ours as specified under Article 13.1.1. or any other legal acts, including any of the provided exceptions or limitations, unless expressly prescribed otherwise.
13.2. Baggage liability
13.2.1. If Your Baggage does not arrive on the same flight with You or arrives damaged, please contact the lost and found Baggage service desk at the arrivals terminal before leaving the airport. If Your Baggage is delayed or damaged, the agent at the lost and found Baggage service will give You a Property Irregularity Report (PIR) with a report number and further instructions. A written claim regarding damaged Baggage to Us must be filed immediately after the damage is noticed and no later than 7 days after receival of Baggage.
A written claim regarding delayed Baggage to Us must be filed no later than 21 days after receival of Baggage. The Documents that must accompany the claim are the following: Property Irregularity Report (mandatory), boarding pass and/or Ticket, Baggage identification tag (mandatory) and proof of damages (receipts for items purchased due to delayed Baggage, receipts for lost or damaged items). If the Property Irregularity Report is missing or received from the lost Baggage service desk incorrectly completed, if Passenger failures to provide a baggage identification tag, proving the holder’s right to baggage, We retain the right to refuse the claim.
The claim must be filed in writing and before the aforementioned deadlines. If the deadline for filing the claim is missed, We will not review Your claim.
13.2.2. In cases where the Baggage, including personal items, is not Checked, We are liable if the damage has occurred due to the demonstrable fault of Us or Our staff or Our crew. We are not liable for any damage, loss, destruction or delay of any object unauthorized for Carriage, any Baggage that has been accepted for Carriage with a limited liability sticker, or an object to which special provisions apply and about which We were not informed during booking or which did not receive our written approval.
We are not liable for damage caused to Unchecked Baggage unless it has occurred due to Our fault or gross negligence.
13.2.3. If You have left personal property belonging to You, or to a another person for which You are responsible, in the aircraft, airport or anywhere else, then You are liable for any losses that You and/or the property owner incur, and We are not liable for losses incurred in said cases.
13.2.4. Our liability in cases of damaged Checked Baggage is limited to the extent of 1131 SST, as provided by the legal acts specified under Article 13.1.1. When evaluating the amount of compensation for Baggage, its wear may be considered.
13.2.5. We shall assume no liability for any Damage to items that are prohibited to be carried in Checked baggage according to Article 9.5.1. and 9.5.2., including fragile or damageable items, improperly packed items, previously damaged or overloaded Baggage, minor damages, such as cuts, scratches, bends or stains arising in usual wear, or valuable items, such as money, keys, prescription medicines, medical documents, spectacles/sunglasses, photo cameras, video cameras and other valuable electronic or technical appliances and their accessories, computers, personal electronic devices, telephones, mobile telephones, jewelry, precious metals, precious and semiprecious stones, musical instruments, negotiable instruments, securities or other valuables, works of art and paintings, business documents, passports and other identity documents or specimens.
13.2.6. We shall not be liable for any minor or superficial Damage to the Baggage as a result of normal wear and tear in the course of the travel.
13.2.7. If You are not satisfied with Our liability limits as provided in the legal acts specified under Article 13.1.1., which are prescribed for cases of loss of, or damage to, Checked Baggage (including loss of articles from Baggage), or if You are carrying items of significant value, then We advise You to insure Your Checked Baggage prior to the flight.
13.2.8. In cases of Checked Baggage delivery delays or loss, You are obliged to cooperate with Us in the search for said Baggage and in organization of its delivery, including and not limited to, submitting to Us detailed information on the contents of the delayed Baggage, or specifying the precise address for Baggage delivery. We are entitled to consider Your lack of cooperation when deciding on the amount of compensation due to You.
13.3. Liability for Passenger’s death or injury due to accident
13.3.1. In the case of the death or injury of Passengers, our liability is not limited. Our liability may not exceed 113 100 SDR per Passenger in case of Passenger‘s death or injury if We manage to prove that damage was caused not through the fault, unlawful act or omission to act by us, our servants or representatives, or if such Damage was caused exclusively through a third party’s fault, or by a third party‘s unlawful acts or omission to act. If the claim exceeds this limit, We may be exempted from it if We can prove that We and our agents have taken all necessary measures to avoid the Damage or that it was impossible for us or them to take such measures.
13.3.2. We reserve the right to defense regarding such claims under the Convention or any other applicable international or national legal acts as well as all rights of recourse against any other person in charge of causing Damage.
13.3.3. In case of death or injury in an accident, We shall perform advance payment, required by applicable laws, for satisfaction of urgent economic needs in proportion to difficulties incurred within 15 (fifteen) days from identification of a natural person entitled to compensation. Such advance payment shall not be considered as recognition of our liability assumption and amounts paid based on this Article may be deducted from any other subsequent amounts payable because of air carrier’s liability. Advance payment must be refunded to Us if We manage to prove the following:
damage was caused or its amount was affected by negligent behavior of the injured or deceased Passenger;
a person who received advance payment caused Damage or affected its amount by his/her negligent behavior;
compensation was paid to a person having no right to such compensation.
13.3.4. Please note that We are not liable for any kind of disease, injury, physical or mental disabilities, or death, nor for any deterioration of such a state, if Your age or mental or physical state are at cause.
14. Claims procedure
14.1. Notice of claim of baggage:
14.1.1. Acceptance of Checked Baggage by the bearer of the Baggage Identification Tag, without complaint at the time of delivery, is evidence that it has been delivered in good condition and in accordance with the contract of carriage.
14.1.2. If You wish to file a claim or an action regarding Damage to Checked Baggage, You must write a complain as soon as possible. In the case of Damage to Checked Baggage, You must write a 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.. Claims may be submitted by e-mail info@heston.aero.
14.2. Regulation No 261/2004:
14.2.1. Passengers must submit claims directly to Us and allow Us such time as prescribed by applicable law to respond directly to them before engaging third parties to claim on their behalf. Claims may be submitted by e-mail info@heston.aero.. Leading documents must be presented: travel documents, boarding pass, a copy of the person’s identification document.
14.2.2. We will not process claims submitted by a third party if the Passenger concerned has not submitted the claim directly to Us and allowed Us time to respond, in accordance with Article 14.2.1 above.
14.2.3. Articles 14.2.1 and 14.2.2 above will not apply to Passengers who do not have the capacity to submit claims themselves. The legal guardian of a Passenger who lacks capacity may submit a claim to Us on the Passenger’s behalf providing Us with a power of attorney certified by notary authorizing the legal guardian to act on behalf of the Passenger and a copy of his/her identification document according to the norms of the Civil Code of the Republic of Lithuania (Article 2.138 CC).
14.2.4. Passenger may submit a claim to Us on behalf of other Passengers on the same booking. We may request evidence that Passenger has the consent of other Passengers on the booking to submit a claim on their behalf.
14.2.5. In any event, save for Article 14.2.3 and 14.2.4 above, We will not process claims submitted by a third party unless the claim is accompanied by appropriate documentation duly evidencing the authority of the third party to act on behalf of Passenger.
14.2.6. In accordance with Our procedures, any payment or refund will be made to Passenger’s bank account only. We may request evidence that the bank account is held by Passenger concerned.
Payment of compensation for Passenger shall be made as soon as possible, but not later than within 10-12 weeks after the Passenger has submitted all the necessary documents (Articles 13.2.1, 14.2.1) and his / her claim is satisfied.
14.3. Limitation of actions
14.3.1. Any right to damages under the Convention 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.
The time limit for bringing actions for compensation under Regulation 261/2004 shall be determined in accordance with the law on the limitation of actions of the court where the case is heard.
15. Other conditions
15.1. GENERAL
15.1.1. In individual cases, carriage of You and Your Baggage may be provided in accordance with other legal acts and condition which apply to Us or which We have adopted in relation to flight safety, punctuality, and Passenger convenience. They also apply to, and not only, the Carriage of Persons with Limited Mobility; restrictions on the use of electronic devices and items; the transportation of certain dangerous articles; and the on-board consumption of alcoholic beverages and tobacco products.
15.1.2. These procedures and regulations shall be provided to You by Us or the Client upon Your request or You can find them on www.heston.aero.
15.1.3. Our Conditions of Carriage can be amended in writing exclusively by Us. The last amendments of Our Conditions of Carriage announced shall be effective.
15.1.4. Our Conditions of Carriage and any disputes thereof are governed by Lithuanian law, and international law, unless the application of another national law is mandatory.
15.2. DATA PROTECTION
15.2.1. When processing Your personal data, which either You or another person acting on Your behalf has submitted to Us, We act in accordance with the applicable legal acts dealing with the domain of data protection – GDPR.
15.2.2. Within the scope defined in the applicable legal provisions of GDPR, Passenger is obliged to provide the Carrier with his/her personal data necessary for booking a flight, issuing a Ticket, performing the carriage arrangement, obtaining other benefits in potential complaints procedures, and complying with immigration requirements and other entry requirements.
The Carrier shall process the personal data referred to above and submit it to relevant state authorities and/or other foreign recipients (including, e.g., authorities that use them for preventing and combating terrorist acts or other international crimes), authorized agents, other carriers and other entities for the purpose of fulfillment of the above or other legally justified goals being pursued by administrators or data recipients. Passengers are entitled to access and correct their personal data.
Our partners are always obliged to adequately safeguard Your personal information and process it in accordance with instructions stated in Our mutual agreement.
16. Interpretation
16.1. 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.
16.2. In the case of differences between the Lithuanian and the English text of these Conditions of Carriage the English wording shall prevail.
17. Passenger rights
17.1. We do Our very best to make sure Your flight goes as planned. However, if You have been denied boarding, Your flight has been cancelled or You have suffered a long delay, You are entitled to request compensation and assistance in line with Regulation No 261/2004 that outlines Passenger rights in the previously noted cases.