General Conditions of Carriage for Passengers and Baggage

Article 1- Definitions

“Carrier”, “we”, “our”, “ourselves” and “us” means National Private Air Transport Services Company (National Air Services) Limited (trading as nas air).

“Passenger”, “you”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft with our consent.

“Airline Designator Code” means the two or three letters or the letter and number which identify particular air carriers.

“Authorized Agent” means an individual or a corporate entity appointed by us or having entered into contract with us in order to act on our behalf or on our account in various activities relating to the sale of air transportation on our services.

“Baggage” means your personal property accompanying you in connection with your trip, which unless otherwise specified, includes both your Checked and Unchecked Baggage.

“Baggage Identification Tag” means a document issued by us solely for identification of Checked Baggage.

“Baggage Receipt” means those parts of your flight confirmation document and/or Itinerary which relate to the carriage of your Checked Baggage and includes the Baggage Identification Tag.

“Booking” means a booking made by you for the purchase of a flight and which is accepted by us in accordance with these Conditions of Carriage.

“Booking Reference” means the unique number we assign to you to identify your Booking.

“Carrier’s Regulations” means rules, other than these Conditions of Carriage, published by us and in effect from time to time governing carriage of Passengers and/or Baggage and shall include applicable Tariffs in force from time to time and are available at our offices, check-in counters and/or on our Website.

“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 we have set by which you must have completed all check-in formalities and received your boarding pass.

“Conditions of Carriage” means these General Conditions of Carriage for Passengers and Baggage published by us and in effect from time to time governing your Booking.

“Convention” means whichever of the following instruments as applicable:

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

“Damage” includes death, wounding or bodily injury to a Passenger. It also includes loss, partial loss, theft or other damage to Baggage arising while in our custody, out of or in connection with carriage or other services incidental thereto performed by us.

“Days” means calendar days, including all seven days of the week. For the purpose of notification, the day upon which notice is dispatched shall not be counted.

“Boarding Pass” means that portion of the Itinerary that bears the notation “Good for Passage” that is given to the Passenger when he checks in for his flight.

“SAR” and “Saudi Riyal” means the lawful currency of the Kingdom of Saudi Arabia.

“Tariff” means fares and charges collected by us for carriage or collected for the services provided in connection to air carriage. Our tariff may be published electronically or on paper.

“Itinerary” means the confirmation of flight details (including the Booking Reference) together with Conditions of Carriage and important notices issued by us or on our behalf (whether in the form of a confirmation letter or the equivalent information on the Website).

“Unchecked Baggage” means any Baggage other than Checked Baggage including all items taken onboard by a Passenger.

“Validity Period” means the period for which your Itinerary is valid.

“Website” means the internet site www.flynas.com provided by us for the purpose of Passengers making online reservations.

Article 2 - Applicability

2.1 General
2.1.1 Except as provided in paragraphs 2.2, 2.4 and 2.5 of this Article 2, these Conditions of Carriage apply to all flights we operate and any liability we may have in relation to that carriage by air. These Conditions of Carriage are available through our Website and copies may be obtained from our offices at the address below.
2.1.2 The Carrier’s Regulations form a part of these Conditions of Carriage and apply to your Booking. We strongly advise that you read the Carrier’s Regulations relevant to your Booking. Copies are available through our Website and can also be obtained from our offices, from our Authorized Agents and at check-in.

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

2.3 Overriding Laws
If these Conditions of Carriage are inconsistent with any laws (such as the Convention) which apply to your contract of carriage with us, those laws will prevail..

2.4 Conditions of Carriage prevail over Carrier’s Regulations
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and our Carrier’s Regulations, these Conditions of Carriage will prevail.

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

Article 3 – Itinerary

3.1 General
The evidence of the contract of carriage is the Itinerary. The Itinerary, these Conditions of Carriage and our Carrier’s Regulations (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us. Visit our web site at www.flynas.com to find all the information you will need to plan your trip and learn more about travel documents, baggage information, etc.

We will provide carriage only to the Passenger named in the Itinerary who presents valid confirmation, duly issued by us in respect of that person for the flight. Nas air, in accordance with government regulations, will be checking photo IDs at the departure gate for all passengers. The name on the ID must match the name used on your itinerary/receipt. Accordingly you will be required to produce positive photographic identification identifying you as the Passenger named in the booking and valid travel documentation such as passport, visa or other documentation required, to satisfy the relevant authorities for the journey you are undertaking.

We sell some flights at discounted fares which may be partially or completely non-re-fundable. You should choose the fare that best suits your needs. We also strongly recommend that passengers ensure to have an appropriate level of insurance to cover instances where they are unable to fly. Group bookings are governed by specific terms that vary from time to time. Please contact us for further details.

3.2 Changes to Schedule or Itinerary
3.2.1 The flight you have purchased is non refundable and is valid for transportation only as shown on the Itinerary for the Passenger named, from the place of departure to the final destination on the date and flight number shown.

3.2.2 If you wish to change your flight or the Passenger to be carried, you must contact us in advance. All changes must be made more than 48 hours ahead of the scheduled departure. No flight change is allowed for less than forty eight 48 hours of the flight departure. The charges for flight changes more than forty-eight (48) hours prior to the scheduled flight departure time are provided for in the Fee Schedule, subject to the following conditions:
(a) if the new flight booked is in a lower fare class than that of the cancelled booked flight, the difference in fares will not be refunded to the passenger;
(b) if the new flight booked is in a higher fare class than that of the cancelled booked flight, the difference in fares shall be paid by the passenger before the cancellation or change can be made;
(c) the change is not confirmed until we issue you a new booking number and/or new Itinerary.
(d) changes on route(s) are not allowed.

3.2.3 Article 3,2.2 regarding flight change rules and Article 3.2.5 regarding name change do not apply to certain selected promotional fares.

3.2.4 Name Change: Provided that the request is made more than six (6) hours prior to the scheduled flight departure time and the original passenger's identity is authenticated, you may be allowed to substitute the passenger named in the confirmed booking with another passenger subject to payment of a charge as provided for in the Fee Schedule.

3.2.5 We shall not be liable to any person entitled to be carried by us or for any refund in connection with a proposed flight if, in good faith, we provide carriage to a person purporting to be entitled to carriage or make any refund to the person entitled in accordance with these Conditions of Carriage.

3.2.6 All changes of the itinerary has to be done via our contact centre at 9200 01234

3.3 Cancellations of flight
3.3.1 If you wish to cancel your flight you must contact us in advance. All changes must be made at least 48 hours prior to the scheduled flight departure.

3.3.2 We will credit you with the value of unused ticket after deduction of any cancellation fees. Such credit may be used within 3 months of the date of cancellation of your original Booking by the named Passenger or by someone of their close family sharing the same family name. Passengers who no-show their flight, will forfeit the fare paid.

3.3.3 Cancellation of the itinerary has to be done via our contact centre at 9200 01234

3.4 Validity
An Itinerary is valid only for the Passenger named and the flight specified being the person and flight for which the reservation was originally made or as subsequently changed and accepted by us in accordance with Article 3.2 above.

Article 4 - Fares, Taxes, Fees and Charges and Currency

4.1 Fares
Unless stated otherwise, fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport services between airports and between airports and town terminals. Fares will be calculated in accordance with our Tariff in effect on the date of payment for your flight Itinerary. The fare will be for travel on the specific dates and itinerary shown on it. Should you wish to change your flight or any part of your Itinerary, there may be additional payments due, as specified in our Carrier’s Regulations.

We reserve the right to apply special service fees based on the type of sales channel which is used to make the reservation as provided for in the Fee Schedule.

4.2 Taxes, Fees and Charges for International flights
Any taxes, fees or charges imposed on us by Government or other authority, including the operator of an airport, for which we are obliged to collect from you or pay in respect of you and your flight, shall be payable to us in addition to the published fare. At the time of your Booking, we will advise you of any taxes, not included in the fare and payable by you. These will normally be shown separately on the Itinerary. Taxes, imposed on air travel change constantly and can be imposed or altered after the date of issue of your Itinerary. If any tax, is increased or introduced after we have issued your Itinerary, you will be obliged to pay such increase or new charge prior to your departure.

If any taxes, fees or charges are abolished or reduced before we are obliged to pay it, you will be entitled to claim a refund for the same. If you did not use your Itinerary, you will be entitled to claim a refund of any taxes, fees or charges which you have paid.

4.3 Currency
Fares, taxes, fees and charges are payable in the currency of the country in which the Itinerary is issued, unless otherwise agreed by us or our Authorised Agents.

4.4 Administration Charges
We reserve the right to charge a reasonable administration fee for auxiliary services, not included in the price of the Itinerary (please refer to our Fee Schedule in the Carrier’s Regulations), including but not limited to requests for personal data pursuant to Article 5 and duplicate receipts.

Article 5 - Reservations

5.1 General
5.1.1 In the case of a telephone Booking, on request, we or our Authorized Agents will provide written confirmation of your Booking. Where a Booking is made through our Website, you will be issued a Booking Reference. The Booking Reference will be displayed along with the booking confirmation details on the screen upon completion of the transaction. You should print a copy of this for your records as you will be required to quote the Booking Reference at the time of check-in.

5.1.2 A reservation is considered confirmed only when you have been issued with a Booking Reference.

5.2 Payment
Fares and all taxes, fees and other charges applicable to your flight(s) must be paid in full when a reservation is confirmed. If such sums have not been paid in full, or appropriate credit arrangements are not made with us, we may cancel the reservation at any time prior to check-in.

5.3 Personal Information
You acknowledge that your personal data has been given to us and that we may use the personal information you have provided, including information about how you use our services and facilities (“your personal information”), for the purposes of:
making a reservation and issuing an Itinerary; providing you with your transportation and any related services and facilities;
accounting, billing and auditing;
checking credit or other payment cards;
immigration, customs and entry procedures;
security, administrative and legal purposes;
statistical analysis;
ensuring our compliance with legal and regulatory obligations applicable to us;
operating frequent flyer programs;
systems testing, maintenance and development;
Passenger relations; helping us in any future dealings with you; and direct marketing and market research (in which case we will give you the opportunity to opt out).

For these purposes you authorize us to

• retain and use your personal information and to transmit it to our own offices;
• carriers and other companies involved in providing your transportation or related services and facilities;
• data processors working for us;
• our Authorized Agents;
• government and enforcement agencies;
• and credit and other payment card companies.

5.4 Seating
We will endeavor to meet all seating requests, although these cannot be guaranteed as we may find it necessary to change your seat for operational, safety or security reasons. Passengers with special needs, together with the elderly, frail or any other passenger who, in our reasonable opinion would be unable to assist in the event of an emergency will not be seated at or adjacent to an emergency exit.

5.5 Connections
Our flights are not intended for use in connecting with flights of other carriers but are able to be used in connection with one another. Regulations and minimum connecting times are shown in our Carrier’s Regulations.

Article 6 - Check-in and Boarding

6.1 Check-in Deadlines
You must comply with the check-in deadline. Check-in deadlines may vary and it is your responsibility to ensure that you comply with these deadlines. Details of check-in deadlines will be available at the time you make your Booking. If you do not comply with the check-in process by the check-in deadline, or appear to be inadequately documented and not ready to travel, we may refuse to carry you. We are not liable for any loss or expense caused due to your failure to comply with the provisions of this Article 6.

6.2 Boarding Gate Deadlines
You must be present at the boarding gate no later than 30 minutes prior to departure . We may refuse to board you if you fail to arrive at the boarding gate on time.
We will not be liable to you for any loss or expense caused due to your failure to be present at the boarding gate on time.

6.3 Travel Documents and Visas
You are responsible for obtaining, possessing and making available for presentation as required, all entry and exit visas, health and other documents required by laws, regulations, order, demands or requirements of the countries to be flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to be in compliance with, such applicable laws, regulations, orders, demands or requirements.

In the event that a passenger is unable to produce the required travel documents or visas, no compensation can be claimed by him.

6.4 Administration
You as passenger will be solely responsible at all times to comply with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over and with our Carrier’s Regulations and instructions given by us relating thereto. We shall neither be obliged nor be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.

6.5 Security Inspections
You shall submit to any security checks or requirements by Government or airport officials or by us.

Article 7 - Refusal and Limitation of Carriage

7.1 Right to Refuse Carriage
In the reasonable exercise of our discretion, 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 a notice carry you on our flights. In this circumstance you will be entitled to a refund of the fare you have paid, plus any Taxes, Fees and Charges, less any reasonable administration charge we may apply.

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

7.1.1 If your carriage or your Baggage may endanger or affect the safety of the aircraft or the safety, health and/or comfort of other Passengers or crew;

7.1.2 If you are drunk or under the influence of alcohol or traveling while intoxicated or if you, as we reasonably believe are in unlawful possession of prohibited drugs;

7.1.3 lf your mental or physical state is a danger or risk to you, the aircraft or any other person in the aircraft;

7.1.4 If you have refused to allow a security check to be carried out on you or your Baggage;

7.1.5 If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security and/or used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft;

7.1.6 7.1.7 If you have deliberately interfered with a member of the crew of the aircraft in the performance of their duties;

7.1.8 If you have put the safety of either the aircraft or any person in it in danger;

7.1.9 If you have made a threat relating to bombs, biological or chemical weapons;

7.1.10 If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft;

7.1.11 If you have not, or do not appear to have, valid travel documents; or if you try to enter a country for which your travel documents are not valid; destroy your travel documents during the flight, refuse to surrender your travel documents to a member of the crew, against receipt, when so requested or refuse to allow us to photocopy your travel documents;

7.1.12 If you ask the relevant government authorities for permission to enter a country in which you have landed as a transit Passenger; if carrying you would break government laws, regulations, or orders; if you have refused to give us information which a government authority has asked us to provide about you.

7.1.13 If you have not presented a valid Itinerary where:
(a) you have not paid the fare (including any taxes, fees or charges) for your journey;
(b) you have presented an Itinerary acquired illegally;
(c) you have presented an Itinerary which you did not buy from us or our Authorized Agents;
(d) you have presented an Itinerary which was not issued by us or our Authorized Agents;
(e) you have presented an Itinerary which has been reported as being lost or stolen;
(f) you have presented a counterfeit Itinerary;
(g) you have presented a torn or damaged Itinerary or an Itinerary which has been tampered with;

7.1.14 If you cannot prove that you are the person named in the Itinerary when presenting for check-in or boarding. We reserve the right to prevent you from boarding the flight.

7.1.15 If you have changed your transportation without our agreement as set out in Article 3.2 and our Carrier’s Regulations;

7.1.16 If you have failed to present your Itinerary or your Boarding Pass or your travel documents to us when reasonably asked to do so; if you have failed to complete the check-in process by the check-in deadline; if you have failed to arrive at the boarding gate on time; or,

7.1.17 If you have behaved in a way mentioned above or in connection with a previous flight and we believe you may repeat this behavior.

7.2 Special Assistance
If you are a disabled person or have limited mobility and you have informed us or our Authorized Agents that you have special needs, such as a wheelchair, or that you need special help and you have asked us or our Authorized Agents to provide this; and we or our Authorized Agents have agreed, before you check in, to provide for your special needs and/or give you special help, we will not then refuse to carry you because of your disability, limited mobility or special needs.

7.3 Pregnant Passengers
It is the duty of pregnant passengers to advise us of the progress of their pregnancy at the point of making a Booking and at the check-in counter. Pregnant passengers onboard our carriages are subject to the following conditions:

(a) Pregnancy up to 28 weeks: we will carry the passenger without a doctor's certificate subject to the passenger signing a limited liability statement.

(b) Pregnancy 28 weeks to 35 weeks: passenger shall produce a doctor's certificate confirming she is fit to travel, the certificate of which shall have a validity of not less than seven (7) days from the scheduled flight departure date. The passenger will be required to sign a limited liability statement.

(c) Pregnancy 36 weeks and above: we will refuse carriage.

(d) In case of twins from week 30 of pregnancy, we will not carry expectant mothers.

7.4 Unaccompanied Minor (“UM”)
Nas air recognizes that the safe transport of your child is your number one concern, and we recognize the importance of that responsibility. Your child will be escorted at all times and will be released only to the person designated to meet your child at the arrival city. Government issued photo identification is required for those designated to drop off or pick up an unaccompanied minor. By following the simple rules below, we will work together as a team to ensure the safety and security of your child.

In order to ensure that your child is given the best possible service while traveling alone, Nas air requires strict adherence to the eligibility and reservation rules stated below.
Eligibility Requirements
Nas air designates children from ages 5 - 12 as unaccompanied minors when traveling without a parent, guardian, or companion of at least 15 years of age.

Children ages 13 - 17 are defined as adults for domestic travel and may travel without restriction at the option of the parent or guardian. Use the "Adult" option on the booking page for a child ages 13 – 17 who will NOT require an escort. Children ages 13 - 17 are not defined as adults for international travel and may not travel alone on international flights.
Children ages 13 – 17 traveling alone will need to present one of the following: A photo ID issued by a government authority, or be accompanied by an adult with photo ID issued by a government authority.

Children ages 13 - 17 may also receive the benefits of an unaccompanied minor if the parent or guardian requests special supervision. The rules listed above for unaccompanied minors will need to be followed. When making online reservations for children 13 – 17, use the "Child" option on the booking page. The service fee listed below will apply.

Fees
Children traveling as unaccompanied minors pay a full adult fare. An additional service charge of SAR70 per segment, per child, will apply. A segment is defined as one take-off and one landing. This charge is NOT reflected in the base fare quoted. The service charge is collected at the first point of airport check-in to cover the extra handling required for an unaccompanied child.

Example of Service Charge Calculation: A 10 year-old unaccompanied minor is traveling from Riyadh to Jeddah and return. The entire service charge amount of SAR140 should be paid at the Riyadh ticket counter.
Unaccompanied Minor Form
The child's identification information:

• the child’s flight itinerary
• the name(s) of the designated person(s) who will be meeting the child at the
• destination point
• the parent or guardian's authorizing signature

Nas air personnel will escort the UM to the departure gate, pre-board the UM onto the aircraft, meet the UM upon arrival and escort the UM to the designated person on the UM form. Photo identification and a signature on the UM form must be obtained from the designated person on the UM form in order to release the UM.

A UM will not to be released to anyone other than the person indicated on the UM form. In the event the airline is not able to release the child to the designated person, local authorities will be notified and all expenses (meals, hotels, administrative fees) relating to the care of the UM will be charged to the parent or guardian.

Departing Flight
Nas air strongly recommends that you check your child in two (2) hours prior to departure. Due to new security measures at airports, the responsible adult will need to check-in at the ticket counter; show a government issued ID, and obtain a pass to escort the unaccompanied minor through security and to the gate. You may not go directly to the gate without checking in at the ticket counter. After obtaining an escort pass, you will need to escort the child to the gate and wait until the aircraft has left the ground before leaving the boarding area.

In Flight
Once boarding announcements are made, a Nas air representative will escort the child onboard the aircraft, assist them with any carry-on Baggage, as well as introduce the crew to the child. During the flight, the child will receive special attention during our onboard snack service, as well as a personal escort from the aircraft to the designated pick-up party.

Arriving Flight
Only the person listed on the unaccompanied minor's form as the designated recipient of the child may pick up the child. The individual picking up the child must go to the airport ticket counter and advise the agent that they are meeting an unaccompanied minor. A pass will need to be obtained from the agent to get through airport security. The individual picking up the child may only then proceed to the gate. A government issued photo ID will need to be shown before Nas air will release the child into the meeting party’s custody

Article 8 - Baggage

8.1 Free Baggage Allowance
You may carry some of your Baggage free of charge. Your free Baggage allowance may be carried as specified and is subject to the conditions and limitations contained in our Carrier’s Regulations.

8.2 Excess Baggage
The acceptance and carriage of excess Baggage is at our discretion and you will be required to pay a charge for the carriage of Baggage over your free Baggage allowance. Details of the applicable excess Baggage rates are available in our Carrier’s Regulations.

8.3 Items Unacceptable as Baggage
8.3.1 You must not include in your Baggage (whether as Checked Baggage or Unchecked Baggage):
(a) items which do not constitute Baggage as defined in Article 1 of these Conditions of Carriage;
(b) items you are forbidden from carrying by law;
(c) items you are forbidden from carrying by our Carrier’s Regulations;
(d) items likely to put the aircraft or people or property on board the aircraft in danger. These include the items shown in the “International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air” and the “International Air Transport Association (IATA) Dangerous Goods Regulations”;
(e) items which we reasonably consider unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, we will take into account the type of aircraft being used.

8.3.2 Firearms
Firearms and ammunition (sporting guns) may be carried only if our agreement is obtained in advance of check-in. Please note that we reserve the right to refuse carriage of such items as Baggage. Where we have agreed to carry firearms and ammunition as Baggage, these must be carried as Checked Baggage and cannot be taken into the aircraft cabin. All firearms carried as Checked Baggage must be unloaded, have the safety catch on and be suitably packed.

Carrying firearms and ammunition as Baggage is governed by the ICAO Technical Instruction and IATA Regulations referred to above. It is your responsibility to ensure that you have all the necessary documentation required for the carriage of firearms and ammunition. We reserve the right to refuse carriage of firearms and ammunition where any Passenger has not complied with, or whose documents do not appear to be in compliance with such applicable Regulations.

8.3.3 Dangerous Items
You must not carry any items into the aircraft cabin which are likely to affect the safety and security of the aircraft or any person in it.
Antique, toy or replica guns and weapons such as swords, knives, archery bows, arrows or similar weapons may at our reasonable discretion be accepted as Checked Baggage but will not be accepted into the aircraft cabin.
8.3.4 Fragile, Perishable and Valuable Items
You must not include in your Checked Baggage fragile or perishable items or items of special value such as:

• money;
• jewellery;
• precious metals;
• computers;
• personal electronic devices;
• share certificates, bonds and other valuable documents;
• business documents; or
• passports and other identification documents.

8.3.5 Right to Refuse Baggage
(a) We may refuse carriage as Baggage of such items described in this paragraph 8.3 that are prohibited from carriage as Baggage and may refuse further carriage of any such items on discovery.
(b) We may refuse to carry as Baggage any item because of its size, shape, weight or character.
(c) We may refuse to accept Baggage for carriage unless it is properly and securely packed in suitable containers to ensure safe carriage with ordinary care in handling.
(d) If any items referred to in this paragraph 8.3 are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions of Carriage applicable to the carriage of Baggage.

8.4 Right to Search
For reasons of safety and security we may require you to permit a search, x-ray or other type of scan to be made of your person and your Baggage. We will endeavor to search, screen or x-ray your Baggage in your presence however, where you are not available, we may search your Baggage in your absence. If you do not allow us to carry out the necessary safety and security searches, screening and x-rays, we may refuse without refund or other liability to carry you or your Baggage. In the event that a search or screening causes damage to you or your Baggage, we shall not be liable for such damage unless it was caused by our negligence or fault.

8.5 Checked Baggage
8.5.1 Checked Baggage must have your name or other personal identification affixed securely to it. On delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage.

8.5.2 We will carry your Checked Baggage, whenever possible, on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on another flight. If we carry your Checked Baggage on another flight we will deliver it to you, unless the law requires you to be present for customs clearance.

8.6 Unchecked Baggage
8.6.1 Each Passenger is usually permitted to carry [one (1)] piece of Unchecked Baggage into the aircraft cabin provided that it does not exceed the maximum dimension and weight as set out in our Carrier’s Regulations. For guidance, the Unchecked Baggage must be of a size that fits under the seat in front of you or in an enclosed storage compartment in the aircraft cabin. Items considered by us to be of excessive weight or size will not be permitted in the aircraft cabin and must be checked in as Checked Baggage.

8.6.2 Items which are not suitable for carriage as Checked Baggage but exceed the maximum dimension and weight as set out in Carrier’s Regulations, may be carried into the aircraft cabin with our express prior consent. The carriage of such items may be charged for separately.

8.7 Collection and Delivery of Checked Baggage
8.7.1 You must collect your Checked Baggage as soon as it is available for collection at places of destination or stopover. If you do not collect your Checked Baggage within a reasonable time, we may charge you a storage fee. If you do not claim your Checked Baggage within three months (3) from the date it was available for collection by you, we may dispose of it without any liability to you.

8.7.2 Only the person who holds the Baggage Identification Tag and, if one has been issued the Baggage Receipt, is entitled to delivery of the Checked Baggage.

8.7.3 If a person claiming a piece of Checked Baggage cannot produce the Baggage Identification Tag and/or the Baggage Receipt, we will deliver the Baggage to such person only on condition that they establish to our satisfaction that the Baggage is theirs and if required by us, such person shall provide us with adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.

8.7.4 Acceptance of Baggage by the holder of the Baggage Receipt and/or Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless proved otherwise.

8.8 Exclusions of Liability
Minor damage to Baggage: When Nas air has exercised ordinary standard of care, it assumes no liability for incidental damage such as scuffs, dents, stains, and cuts that results from normal wear and tear.

Damage to wheels/handles: When Nas air has exercised the normal standard of care, Nas air shall not be liable for damage to wheels or feet, or telescoping handles that are attached to the exterior of checked baggage. This exclusion applies whether or not the passengers sign a limited release tag.

Fragile articles: When Nas air has exercised ordinary standard of care, it shall not be liable for damage to, or damage caused by fragile articles described in the above paragraph.

Perishable articles: Nas air shall not be liable for deterioration or spoilage of any perishable articles contained in checked baggage, whether with or without the knowledge of Nas air.

Late Check-In: If baggage is presented for checking less than fifteen (15) minutes before flight departure time, Nas air will not be liable for any resultant expenses, including delivery charges, resulting from baggage not being loaded on the same flight as of the passenger.

Carry-on/unchecked property: Nas air will not be liable for damage loss or theft of items taken on board an aircraft and remaining in the personal possession care of the passenger. Assistance provided by flight crew members to properly store such items does not transfer liability to Nas air.

Unsuitable, valuable articles: The following items are judged to be unsuitable as contents of Checked Baggage, and Nas air assumes no liability for loss, theft, damage or delay in the delivery of:

• cash, currency
• negotiable papers
• securities
• business contracts, documents
• jewelry, watches
• cameras, videos and photographic equipment, camcorders, audio equipment, film, camera equipment, photographs.
• electronic equipment/devices, personal electronic equipment/devices, including components such as compact discs and video game cartridges.
• computers and related components
• binoculars, telescopes, optical devices including eyeglasses
• silverware
• precious metals, stones or materials.
• art objects, sculptures
• historical artifacts
• original manuscripts
• irreplaceable books, publications, collectibles such as baseball cards
• antiques, heirlooms
• keys
• sales samples
• medications
• furs, including coats, gloves, hats
• game trophies, antlers, pelts

Attached items: Nas air will not be liable for tents, sleeping bags, or similar articles which are strapped, taped, or tied to another piece of baggage and may become separated as a result of normal handling during transportation.

Missing contents: Except for excluded items specified above, Nas air will accept liability for missing contents from checked baggage, provided the passenger has exercised reasonable precautions to externally lock or secure the baggage as protection against possible loss or separation of such contents.

Consequential damages: Nas air shall not be liable for "special" or "consequential" damages such as lost wages, ground transportation, temporary lodging, unavailability of keys, and other "inconveniences" or emotional distress resulting from damaged, delayed, or lost baggage.

Unclaimed baggage: Nas air will not be liable for baggage not claimed within 1 hr. after baggage has been made available for claiming in a public baggage claim area.

8.9 Animals
Subject to the following exceptions, carriage of animals will not be accepted.

8.8.1 Subject to our Carrier’s Regulations, Guide Dogs accompanying sight, hearing and/or physically handicapped Passengers, together with any containers and food, will be carried free of charge in addition to the normal free Baggage allowance.

8.8.2 Acceptance for carriage of the above animals is subject to the condition that the Passenger assumes full responsibility for such animal. We shall not be liable for injury to or loss, delay, sickness or death of such an animal unless caused by our fault or negligence.

8.10 Human Remains
Human remains will not be accepted for carriage on any route.

8.11 Items Removed from Passengers by Security Personnel
We will not be responsible for, nor have any liability in respect of, items removed from Passengers’ Baggage by airport security personnel acting in accordance with international or government authority, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed by such airport security personnel to us.

Article 9 - Schedules, and Cancellations

9.1 Schedules
We will use our best efforts to avoid delay in carrying you and your Baggage. We will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss incurred by passengers as a result of such change.

9.2 Cancellation, Changes of Schedules
At any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety or commercial reasons. In the event of such flight cancellation, we shall at our option, either:

(a) carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your booking; or

(b) Should you choose to travel in any other time, you may retain the value of your fare in a credit account for your future travel provided you must re-book within three (3) months from the booking date which had been cancelled.

9.3 Sole remedies
Upon the occurrence of any of the events set out in Article 9.2, the options outlined in Article 9.2 (a) and (b) are the sole and exclusive remedies available to you and we shall have no further liability to you.

Article 10 - Conduct Aboard Aircraft

10.1 Unacceptable Behavior
If while on board the aircraft, in our reasonable opinion, you conduct yourself in such a manner as to: endanger the aircraft, or any person or property on board; deliberately interfere with the crew in carrying out their duties, or fail to comply with the instructions of the crew; fail to obey the seat-belt or no-smoking signs; commit a criminal offence; allow your physical or mental state to become affected by drink or drugs; make a threat involving explosives; behave in a threatening, abusive, insulting or disorderly manner towards the crew or other Passengers or otherwise behave in a manner to which other Passengers may reasonably object, we may take such measures as we deem necessary to prevent the continuation of your conduct including restraining or removing you from the aircraft. Please note that where necessary, we may refuse to carry you on the remaining sections of the journey shown on your Itinerary and we may report the incident on board the aircraft to the relevant authorities with a view to them prosecuting you for any criminal offences you may have committed.

10.2 Diversion Costs Caused by Unacceptable Behavior
If as a result of your behavior, we consider it necessary in our reasonable opinion to divert the aircraft to an unscheduled place of destination in order to remove you from the aircraft, you must pay to us all costs incurred by us arising out of that diversion.

10.3 Electronic Devices
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including but not limited to, mobile telephones, laptop computers, portable recorders, portable radios, MP3, cassette and CD players, electronic games or transmitting devices (for example, radio-controlled toys and walkie-talkies). Operation of these items are prohibited unless we have given our express prior permission for their use. Please note that the use of hearing aids and heart pacemakers are permitted.

Article 11 - Arrangements for Additional Services

In cases where we make arrangements for you with any third party to provide any services other than carriage by air or, if we issue an Itinerary 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 will apply and we shall have no liability to you except for negligence on our part in making such arrangements.

Article 12 - Administrative Formalities

12.1 Refusal of Entry
If you are refused entry to a country, you must compensate us for any fine, penalty and/or charge imposed on us by the Government of such country, any detention costs incurred by us as a result of the refusal to admit you into such country, the fare for transporting you back to your place of departure and, any other costs we reasonably pay or agree to pay. You will not be entitled to a refund for your Itinerary to the destination where you were denied entry.

12.2 Passenger Responsible for Fines, Detention Costs etc
You must repay to us any fines, detention costs and/or other charges that may arise as a result of us fulfilling our obligations under the contract of carriage with you. We reserve the right to deduct these amounts from the value of any unused part of your Itinerary, or any of your money that we may hold in our possession.

12.3 Customs Inspection
If necessary, you must be present when your Baggage is inspected by customs or other Government officials. We will not be liable to you for any damage to your Baggage that may occur in the course of such an inspection whether or not you are present during such inspection.

Article 13 - Liability for Damage

13.1 These Conditions of Carriage govern our liability to you. The Conditions of Carriage of any and each other carrier involved in your journey govern its liability to you.

13.2 The liability rules of the Convention, as varied by the rest of this Article 13, will apply to international carriage, as defined in the Convention.

13.4 General
13.4.1 We are not liable for damage arising from our compliance with any laws or Government rules and regulations, orders or requirements, or from your failure to comply with the same.

13.4.2 Our liability shall not exceed the amount of proven damages. We shall furthermore not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising.

13.4.3 Any exclusion or limitation or our liability shall apply and be for the benefit of our Authorized Agents, servants, employees and representatives and any person whose aircraft is used by us and such person’s agents, employees and representatives. The total amount recoverable from us and our Authorized Agents, servants, employees, and representatives and such person, such person’s agents, employees and representatives shall not be more than the total amount of our limit of liability.

13.4.5 Unless otherwise stated, nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or any applicable laws.

Article 14 - Time Limitation for Claims and Actions

14.1 Notice of Claims
14.1.1 In respect of damage to Baggage (including partial loss), you must advise us in writing immediately upon discovery of the damage and in any event, no later than seven (7) days from the date you received the Checked Baggage.
14.1.2 Where Checked Baggage is delayed, you must advise us in writing within (21) twenty-one days at the latest of the date on which your Checked Baggage should have been made available to you.

14.2 Limitations of Actions
Any right to damages shall be extinguished if an action is not brought within two (2) years calculated from the date of arrival at the place of destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard.

14.3 Modification and Waiver
None of our Authorized Agents, servants, employees or representatives have authority to alter, modify or waive any provision of these Conditions of Carriage.

Article 15 – Choice of Law and Jurisdiction
Unless otherwise provided by the Convention or any applicable law:

15.1 these Conditions of Carriage and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of Saudi Arabia and,

15.2 any dispute between you and us concerning or arising out of such carriage shall be subject to the non-exclusive jurisdiction of the Courts of the Kingdom of Saudi Arabia.

Last updated: 04/10/07