1 GENERAL CONDITIONS OF CARRIAGE Article 1: Definitions Authorised agent An agent authorised by the Carrier to represent it in sales of tickets to passengers on the Carrier s flights. Baggage Personal belongings including assistive devices, that passengers bring with them on their journey. Unless expressly stated to the contrary, this includes both checked baggage and hand baggage. Baggage check That part of the baggage identification tag which passengers are given as their receipt for checked baggage. Baggage identification tag The document issued by the Carrier solely to identify checked baggage. Ticket A valid travel document, baggage check and notice of contract terms which are issued by the Carrier directly or on its behalf, and where electronic or telephonic ticketing is used and where the documents are handed over to passengers before boarding or after confirmation of the reservation. Days Calendar days. Includes all seven days of the week. For the purposes of changes or notification, the day on which the change or notice was received/sent will not be counted. For the purposes of deciding whether a ticket is valid, the day on which the ticket was issued or the flight commenced will not be counted. Carrier, the Norwegian Air Shuttle ASA Rules of the Carrier All rules and declarations, with the exception of these General Conditions of Carriage, laid down by the Carrier and applicable on the day the ticket was issued and applicable to the carriage of passengers and/or their baggage, including the applicable fares on that day. Force majeure An unusual and unforeseen event beyond the Carrier s control, the consequences of which could not have been avoided even if all reasonable due care and attention had been exercised. Voluntary disembarkations A disembarkation during a journey, requested by a passenger, at a stopping place between the place of departure and the final destination, accepted by the Carrier in advance. Full fare The highest fare on a scale defined by the Rules of the Carrier. Hand baggage/cabin baggage
2 All baggage that is not checked. Checked baggage All baggage for which the Carrier has taken responsibility and for which, in that connection, it has issued a baggage check. Check-in deadline The time fixed by the Carrier by which passengers must have completed check-in formalities and received their boarding card. Conventions One or more of the following documents, insofar as they are applicable to the contract of carriage: - 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 The Warsaw Convention as amended by Additional Protocol No. 1 at Montreal (1975) - The Warsaw Convention as amended by Additional Protocol No. 2 at Montreal (1975) - The Warsaw Convention as amended by Additional Protocol No. 4 at Montreal (1975) - The Guadalajara Supplementary Convention (1961) - The Montreal Convention of 28 May The EU regulation 261/ The EU regulation 889/ The EU regulation 1107/2006 Passenger Any person, with the exception of crew members, who is carried or is to be carried on an aircraft pursuant to ticket. Agreed stopping places Those places, except the place of departure and the final destination, specified in the passenger's ticket or in the Carrier s timetables as stopping places on the passenger s itinerary. Itinerary A document or documents issued by the Carrier to the passenger, containing the passenger s name, flight information and notices. Damage Includes death, personal injury, loss, partial loss, theft or other damage arising out of, or in connection with, air carriage. SDR Special Drawing Right Tariff The published fares and/or conditions of carriage of a carrier which has filed such a "tariff", where required, with the appropriate authorities. Article 2: When these conditions apply 2.1 General
3 These general conditions are the Carrier s conditions of carriage to which reference is made in the Carrier s tickets or electronic booking documentation. Except where clauses 2.3 and 2.4 say otherwise, they will apply to all carriage of passengers and baggage performed by the Carrier, and to other services provided by the Carrier, whether paid for or otherwise. The conditions of carriage supplement the Rules of the Carrier stated on the ticket or in electronic booking documentation on the Carrier's website. The conditions of carriage will also apply to carriage that is provided without compensation or for reduced compensation, unless reservations are specified in these conditions, in the contract, or on the ticket or in electronic booking documentation for the carriage. 2.2 Charter If the carriage is provided as a consequence of a contract concluded with a different carrier, these general terms will apply only insofar as they do not conflict with the conditions specified in the contract with the chartering company. 2.3 Mandatory statutory provisions The Carrier s General Conditions of Carriage will apply insofar as they do not conflict with applicable tariffs or legislation. In those cases where an inconsistency exists between these conditions and applicable tariffs and legislation, the tariffs and/or legislation will always take precedence over the Carrier s conditions of carriage. 2.4 The precedence of the General Conditions of Carriage over the Carrier's other rules In those cases where an inconsistency exists between the Carrier s other rules and the General Conditions of Carriage, the latter will take precedence. The English version of the General Conditions of Carriage is the original text, and any versions in other languages are a translation of this. In the event of an inconsistency between the English version and any other translated versions, the original English version will take precedence. Article 3: Tickets 3.1 General a) The ticket constitutes proof that a contract has been concluded between the Carrier and the passenger whose name is stated on the ticket. If no ticket has been issued, the reservation and consequent payment will constitute proof that a contract has been concluded. In these circumstances, the General Conditions of Carriage will apply. b) Passenger's right to carriage Carriage on a flight will only be accepted for persons who have been issued a ticket or whose reservation has been accepted pursuant to the rules specified in Article 6. The Carrier will only provide carriage to the person whose name is stated on the ticket. Passengers must present valid identification on demand and are responsible for obtaining all the requisite travel documents, including visas and passports if required, and for complying with all laws, regulations and other provisions of government authorities related to travel in the countries the passengers are flying from and to, and through which they will transit. The Carrier will not be liable for any consequences passengers may incur due to their failure to obtain such requisite documents or failure to obey such laws, regulations, requirements or orders.
4 The Carrier reserves the right to turn away passengers who cannot present valid identification or the requisite travel documents, e.g. passport or visa, on demand. Passengers travelling with a child under two years of age must, unsolicited, present a birth certificate for the child. If a birth certificate cannot be presented on demand, the Carrier may refuse carriage. c) Ticket transfer/changes The name, route and destination can be changed on a ticket in return for the applicable fee and any difference in fare. If a ticket is presented by a person other than the person whose name is stated on the ticket or reservation, and the Carrier knowingly undertakes the carriage of such a person, the Carrier may not be held liable in relation to the passenger whose name is stated on the ticket or reservation. d) Non-issue of ticket If the Carrier chooses not to issue a ticket, these conditions will apply to the passenger whose name is stated on the reservation. 3.2 Validity A ticket or reservation is only valid if it corresponds with a confirmation issued pursuant to the Carrier s rules, as described in clause 6.1, or in documentation issued as confirmation via an electronic letter. Article 4: Voluntary disembarkations 4.1 General The Carrier may give passengers permission to disembark from the aircraft at agreed stopping places, if local authorities and the Carrier s general conditions so permit. Article 5: Ticket fares and taxes 5.1 General Ticket fares will only apply to carriage between the place of departure and the final destination, unless specifically stated to the contrary. Fares do not include ground transport between airports or between airports and ground terminals. Ticket prices are calculated according to the applicable fares on the day the ticket is purchased for a journey on a particular day and according to a particular itinerary. Changes to itineraries or travel dates may result in changes to ticket fares. 5.2 Valid prices The valid fares are those that apply at the time a reservation is made. Fares may vary due to the number of seats still available in any given fare category, and the Carrier does not guarantee that fares will be available in all categories. 5.3 Taxes and charges The applicable taxes and charges imposed by government authorities or airport authorities must be paid by the passenger. If taxes or charges are abolished or reduced so that they no longer apply to the passenger s journey on the day of departure, passengers may claim reimbursement by contacting the Carrier. 5.4 Currency
5 Ticket fares and taxes must be paid in the currency stated by the Carrier at the time the reservation is made. Article 6: Reservations 6.1 Conditions of reservation The passenger hereby accepts that the personal data the Carrier has received has been provided for the purposes of making a reservation, buying a ticket, providing ancillary services such as hotel bookings and car rental, facilitating special arrangements and facilities for disabled passengers and other passengers with special wishes/requirements, ordering special meals, simplifying routines in relation to immigration and arrival procedures, and furnishing such data to government authorities in connection with the flight. For these purposes the passenger accepts that the Carrier may retain and use such data and that the Carrier may transfer these to its own offices, authorised agents, government authorities, other carriers and others who provide such services. The passenger's personal data will not be used for marketing purposes unless the passenger has consented to this in advance. a) Reservations are confirmed and will be regarded as having been confirmed once payment has been received. All tickets designated as low fare (referred to herein as low fare tickets ) must be paid for upon booking and cannot be refunded. We charge for our tickets per person per route, and specify all additional products and charges as separate transactions. All tickets designated as flexible or flex (referred to herein as flex tickets ) are charged for upon departure. b) The Carrier s ticket fares are based on a system of regulations that dictate whether or not the passenger has a right to change or cancel the reservation. These ticket fares and this system of regulations are fixed at the time of reservation, and the passenger will be notified of restrictions or charges in relation to changes or cancelling the ticket during the booking process. 6.2 Seat reservation Everyone who books a flight with Norwegian can reserve a seat. In special circumstances we may have to change the passenger's seat, even if it has been reserved in advance. Passengers without a reserved seat will be shown to other available seats in the aircraft. 6.3 Cancellation of ticket All unused low fare tickets become inactive and cannot be refunded, with the exception of taxes/charges imposed by government authorities, which the customer can have reimbursed by the Carrier. The Carrier's tickets which are sold as full flex, will not be charged for if the flight is not used. Article 7: Check-in and boarding 7.1 Check-in deadlines The Carrier reserves the right to cancel the reservation if passengers do not comply with the stipulated deadlines and requirements for check-in. Check-in deadlines may be found on the Carrier s website and are available by contacting the Carrier or its authorised agents.
6 The Carrier is not liable for any loss and expense passengers incur due to their failure to comply with the provisions of this clause. 7.2 Boarding deadlines If passengers do not present themselves at the Carrier s boarding desk by the deadlines stipulated by the Carrier, their reservation will be cancelled. The flight will under no circumstances be held, and passengers will be denied boarding at their own expense. Boarding deadlines may be found on the Carrier s website and are available by contacting the Carrier or its authorised agents. The Carrier is not liable for any loss and expense passengers incur due to their failure to comply with the provisions of this clause. Article 8: Refusal and limitation of carriage 8.1 Right to refuse carriage The Carrier may, by exercise of reasonable discretion, refuse to carry passengers and baggage, providing the Carrier has informed the passenger in writing that the Carrier, following such notice, will refuse to carry the passenger on its flights, subject to denied boarding compensation rules set forth in Regulation (EC) 261/2004 or 14 CFR Part 250, where applicable. The Carrier may also refuse to carry passengers or baggage if one or more of the following has occurred or the Carrier has reason to believe it may occur: a) such measures are necessary to comply with given laws, regulations or other provisions issued by government authorities, b) carriage of the passenger or his/her baggage may endanger the safety and health of other passengers and/or the crew, c) the passenger is under the influence of alcohol or narcotics, d) the passenger has interfered with flight crew members or cabin crew in the performance of their duties (as set forth in 49 U.S.C ) during previous flights and the Carrier has reason to believe that such reprehensible behaviour may be repeated, e) the passenger s behaviour is disruptive to other passengers or crew, f) the passenger has refused to submit to a security check, g) the passenger has not paid the applicable ticket fare, taxes or other charges, h) it appears that the passenger lacks valid travel documents, or intends to destroy these during the flight, or refuses to present travel documents to the crew on demand, i) the passenger presents a ticket or reservation which has been obtained unlawfully or has been purchased from a source other than the Carrier or its authorised agents, or which has been reported
7 lost or stolen, is a forgery, or the passenger cannot prove his or her identity in relation to the name on the ticket or reservation, j) the passenger refuses to follow the Carrier s safety instructions, k) the passenger has previously committed one of the acts or omissions described above. In the circumstances described in clauses (a)-(k) above, a written warning is not required, and the Carrier will cancel the reservation with no liability to refund the ticket or for other expenses. 8.2 The carriage of children travelling alone, or passengers with special requirements, may be accepted on the condition that approval has been received from the Carrier. The carriage of children travelling alone may be refused if the Carrier, at the time of departure, is unable to guarantee that the child will reach the place of destination at the stipulated time. The carriage of passengers who require special assistance will take place in accordance with the Carrier s applicable guidelines for such carriage. Article 9: Baggage 9.1 Objects that cannot be accepted as baggage a) Passengers may not place the following in their baggage: 1) objects that are not baggage as defined in Article 1, 2) objects that may cause damage to and/or endanger the aircraft, persons or goods onboard the aircraft, such as for example the objects listed in the Safe Transport of Dangerous Goods Regulations of the International Civil Aviation Association (ICAO) or the International Air Transport Association (IATA), 3) objects whose carriage is not permitted by law, regulations or provisions issued by any state from, to or through which the flight takes place, 4) objects which in the Carrier s opinion are unsuitable for carriage in that they are deemed a safety hazard, or unsuitable for carriage on account of weight, size, shape or other properties, or which are fragile or perishable, 5) live animals, except as described in clause 9.8. b) Weapons and ammunition, including sporting and hunting weapons, are prohibited in the cabin. In general, no weapons and ammunition, other than sporting and hunting weapons, are acceptable as checked baggage. Weapons must in all cases be unloaded and made safe, and otherwise properly packed, and the bolt/forend must be sent separately from the rest of the weapon. The carriage of ammunition is subject to the regulations of the ICAO and IATA regarding dangerous goods. c) For flights that do not include a point of origin or destination in the United States, the passenger must not place fragile objects, perishable or valuable objects, such as laptop computers, jewellery and precious stones, money, security documents, briefcases and attaché cases with alarms installed, medicines, medical certificates or identity documents in checked baggage.
8 For flights that do include a point of origin or destination in the United States, we recommend that the passenger does not place in their checked baggage fragile objects, perishable or valuable objects, such as laptop computers, jewellery and precious stones, money, security documents, briefcases and attaché cases with alarms installed, medicines, medical certificates or identity documents, since our liability for any loss, damage and delay to baggage is limited in accordance with that stated in Article d) It is forbidden to bring replicas of weapons, daggers, (flick) knives and other articles resembling offensive weapons as hand baggage, but these may be accepted as checked baggage. e) For flights that do not include a point of origin or destination in the United States, if objects described in Article 9.1 are nonetheless included in the passenger s baggage despite the fact that this is prohibited, the Carrier will not be liable in relation to the passenger for the loss of damage to these objects. 9.2 Right to refuse carriage a) The Carrier will not carry as baggage those objects described in clause 9.1, and the Carrier may also refuse the onward carriage of such objects should they be discovered underway. b) The Carrier will not carry as baggage objects of such a size, shape, weight, content or other properties that they are unsuitable for carriage onboard an aircraft. c) The Carrier will not accept baggage for carriage that is not packed properly in suitable packaging, such that the Carrier under normal conditions can guarantee that it will arrive undamaged. 9.3 Right to inspect The Carrier may, for security or safety reasons, either request permission to inspect the passenger s baggage, or call in the airport authorities to conduct a body search. If the passenger cannot be present during the inspection of the baggage, the Carrier may, for security or safety reasons, inspect the baggage in order to satisfy itself that the passenger has not brought any of the objects described in clause 9.1 that have not been approved by the Carrier pursuant to clause 9.1. Should a passenger refuse to comply with such a request, the Carrier may refuse carriage of the passenger and baggage. 9.4 Checked baggage a) When the baggage has been presented to the Carrier for check-in, the Carrier will take charge of the baggage and issue a baggage identification tag for each piece of baggage. b) The passenger is obliged to attach a label that includes as a minimum the passenger's name and address. c) Checked baggage will be carried on the same aircraft as the passenger. d) Exception: If parts or all the baggage that a passenger wants to check-in cannot be accepted due to the aircraft s cargo capacity, the Carrier may decide to let said baggage be sent on afterwards on one of the Carrier s next flights, or on the flight of a different carrier. e) Passengers can bring up to two pieces of baggage in return for a fee set by the Carrier, provided, however, that such baggage limits and fees shall not apply to passengers assistive devices, such as
9 wheelchairs. The maximum weight per piece of baggage is 20 kg. Fee rates may be obtained on demand from the Carrier, from the Carrier s website or from one of the Carrier s authorised agents. 9.5 Excess and oversized baggage All baggage other than suitcases/bags/rucksacks and assistive devices will be regarded as oversized baggage. If a passenger is going to travel with a bicycle, large musical instrument or surfboard, this must be booked via our call centre no later than 48 hours prior to departure. All passengers travelling with oversized baggage must have completed check-in formalities one hour prior to departure. If a piece of baggage weighs more than 20 kg, the extra kilos will be charged for as excess baggage. If a passenger has more than two pieces of baggage, regardless of weight, the excess baggage will be charged for as excess baggage. Fee rates for excess and oversized baggage may be obtained on demand from the Carrier, from the Carrier s website or from one of the Carrier s authorised agents. 9.6 Hand baggage a) Baggage that is taken onboard as hand baggage must be of a size and/or weight that means it can be stowed in a closed baggage locker in the cabin, or under the seat in front of the passenger. Objects the Carrier considers to be of a size and/or weight that makes this impossible will not be accepted in the cabin, and must be sent as checked baggage. Before this is done, the passenger will be given an opportunity to remove the objects described in clause 9.1, third paragraph. b) Objects that cannot be carried in the aircraft s cargo may be accepted in the cabin to the extent permitted by applicable laws and the Carrier. c) Assistive devices shall be stowed in the cabin to the extent feasible and permitted applicable law. Assistive devices that cannot be stowed in the cabin may be stowed in the cargo hold. In either case, assistive devices shall be given priority stowage in either the aircraft s cabin or cargo hold, as applicable. 9.7 Retrieval of checked baggage a) Passengers must retrieve their checked baggage as soon as it is available at their final destination or stopping place. If passengers do not retrieve their baggage within a reasonable time, the Carrier may impose a storage fee. If passengers have not retrieved their baggage within three months after it was made available, the baggage will be removed without liability to the passenger. b) Only the person who can show a baggage check and baggage identification tag is entitled to retrieve checked baggage. c) Should a person demanding the retrieval of baggage be unable to show a baggage check or identify the baggage by a baggage identification tag, the Carrier may refuse to surrender the baggage to said person unless he or she can satisfactorily prove ownership of the baggage. 9.8 Animals a) The Carrier will accept live animals (dogs and cats), excluding service dogs, for carriage in the cargo hold to the destinations specified on The Carrier will accept live animals (dogs and cats), including service dogs, for carriage in the cabin to the destinations specified on
10 The animals, excluding service dogs, must be placed in a kennel approved by IATA, and be accompanied by valid health and vaccination certificates, import permits and any other documents required by the destination or transit state. Animals, excluding service dogs, will only be accepted if the Carrier has been informed of this in advance. b) If the animal, (excluding a service dog), including kennel and food, is accepted as baggage, a surcharge will be payable. These charges may be obtained by contacting the Carrier, from the Carrier s website, or from one of the Carrier s authorised agents. c) Service dogs accompanying passengers with special needs, shall be permitted in the cabin of the aircraft to the extent permitted by applicable law, provided, however, that passengers shall remain solely responsible for obtaining all certificates, import permits and other documents required by the destination country. d) The Carrier shall not have any liability for fines, costs or losses incurred in connection with an animal being refused entry into a country. These costs will be charged to the passenger. Article 10: Timetables and cancellations Timetables The Carrier will do its best to carry passengers and baggage in the most expedient manner. The Carrier will also do its best to adhere to the published timetable for the day of carriage. Times indicated in timetables or elsewhere are not guaranteed and may change between when the timetable is published and the date the passenger wishes to travel. The Carrier reserves the right to make timetable changes. The customer will be notified of all changes to travel times via the address registered during the booking or telephone number registered against the reservation in accordance with clause Cancellations, timetable changes, delays, etc. The Carrier may, at any time after the booking has been made, change the timetable or cancel, change, re-route or delay a flight if this is warranted for reasons beyond the control of the Carrier, or for safety/security reasons. In such circumstances, the following conditions will apply: a) In the case of cancellations the Carrier will refund sums pursuant to the conditions in Article 11. b) In the case of re-routing to airports other than those in the passenger's itinerary, the Carrier will, at its own expense, ensure the passenger is carried to the agreed destination in the Carrier s route network. The Carrier is not liable for onward connections, unless the Carrier is liable due to the delay. c) In the case of delays, our general guidelines for delays will be followed (described in our flight information). Please also refer to clause 15.4, Regulation (EC) 261/2004 and our Customer Service Plan for US operations If the delay lasts more than five hours, the customer can choose to have his or her ticket refunded for the affected route, when he or she chooses not to use the ticket. If the passenger's loss due to the delay amounts to a sum larger than the refunded ticket fare, or the passenger has not received such a refund, the Carrier is only liable if the Carrier and its partners have not taken all necessary measures to avoid the delay, or if it was impossible for the Carrier or its partners to take such
11 measures. In the case of losses due to the delayed carriage of persons, liability is limited to 4,694 SDRs. If the weight of the baggage is not stated on the receipts, it will be assumed that the total weight does not exceed the permitted weight limit Occasionally, the Carrier must change the departure time after issuing a ticket. If the passenger provides contact information, the Carrier will try to inform the passenger of such changes. For flights to or from the US, the Carrier will notify passengers in accordance with the Customer Service Plan. If the Carrier, after the passenger has purchased the ticket, significantly changes the departure time to a time that is unacceptable to the passenger and the Carrier does not manage to obtain a seat on an alternative flight the passenger will accept, the passenger is entitled to a refund in accordance with Article 11. In addition to this, the provisions in clause 10.3 and clause 15.4 will apply Should some of the circumstances mentioned in clauses 10.2 a), b) and c) occur, except as provided by applicable law, the remedies in Article 10 will be the only remedies available to passengers and the Carrier will have no further liability to the passenger Overbooking The Carrier will provide compensation for involuntary denied boarding pursuant to the denied boarding compensation rules set forth in Regulation (EC) 261/2004, or 14 CFR Part 250 where applicable. Compensation for voluntary denied boarding will be paid pursuant to the conditions agreed between the affected passengers and the carrying Carrier, pursuant to Regulation (EC) 261/2004 or for nonstop flight segments originating at a point in the US or any interstate air transportation in the US, 14 CFR Part 250. Further information on this subject can be obtained by contacting the Carrier s ticket offices or authorised agents. Article 11: Refunds 11.1 General If the Carrier does not succeed in carrying the passenger, the ticket will be refunded by the Carrier pursuant to this Article and its rules. All claims for refunds must be submitted via the refund form on the Carrier s website or by mail to the Carrier s head office. A ticket is only refundable if it accords with a confirmed ticket reservation and the passenger has a ticket that, pursuant to the Carrier s rules at the time of issue, is deemed refundable, and the Carrier has received payment Recipient of refund a) Unless otherwise stated, the Carrier will refund sums by crediting the debit or credit card registered as the means of payment for the booking. Cash payments will be reimbursed to a nominated bank account.
12 b) If a ticket has been paid by someone other than the person named on the ticket as the passenger, the Carrier will only refund sums to the person who paid for the ticket, or in accordance with authorisation from said person. c) A refund made to a person who can show an unused ticket or has an unused reservation, or who presents himself or herself as the person entitled to a refund pursuant to paragraphs a) or b), will be deemed to be a full and complete refund and the Carrier will be without liability in relation to further refund claims Refunds due to cancellations If the Carrier cancels a flight, the sum refunded will be: a) if no part of the ticket has been used, a sum equalling the ticket fare, including specific fees for additional products such as baggage and seating for which the customer has paid extra. b) if part of the ticket has been used, a sum corresponding to the unused part of the journey Refunds If the passenger is entitled to a refund for reasons other than those stated in clause 11.3, the sum refunded will be as follows: a) if no part of the ticket has been used, the sum refunded will be the same as the ticket fare less any administration costs and cancellation fees. b) if part of the ticket has been used, the sum refunded will be equal to the difference between the ticket fare and the applicable fare for travel between the airports where the ticket has been used, less any administration costs and cancellation fees Refunds of taxes/charges due to cancellations No refunds will be paid for low fare tickets. However, government taxes and charges for unused flights can be refunded by writing to Norwegian. An administration fee will be deducted for the transaction Right to refuse a refund If the ticket s expiry date has passed, the Carrier may refuse to refund it, with the exception of taxes and charges, which we will refund Currency The Carrier reserves the right to refund sums in the same manner and in the same currency used to purchase the ticket Refund authorisation Only the Carrier or its authorised agents may make refunds. Article 12: Conduct onboard 12.1 General If a passenger conducts himself or herself onboard the aircraft in a manner that endangers the safety of those onboard, or in a way that is disruptive to other passengers or the crew, or is suspected of intending to damage the aircraft or its fittings, or prevents the aircrew discharging their duties, or
13 refuses to obey instructions from aircrew, including but not limited to instructions regarding smoking and the consumption of alcohol or narcotics, or interferes with flight crew members or cabin crew in the performance of their duties, the Carrier may take whatever precautions it considers necessary to prevent the continuation of such behaviour. This includes the use of force. The passenger may be put off the aircraft, refused onward carriage from any airport, and may be prosecuted for criminal acts committed onboard Use of electronic equipment Passengers are prohibited from using electronic equipment containing transmitters or receivers during their entire time onboard the aircraft. Such equipment includes, but is not limited to, mobile (cellular) telephones, portable cassette recorders, transistor radios, CD players, electronic games and radio-controlled toys. Exceptions will apply to electronic equipment with flight mode. Flight mode must be activated prior to departure. The use of electronic equipment not containing transmitters or receivers is prohibited while the Fasten Seat Belts sign is illuminated. Such equipment includes, but is not limited to, laptop computers, cassette players and video cameras. The use of hearing aids, cardiac pacemakers and any other such medical equipment is permitted during the entire flight. Article 13: Agreements for other services 13.1 General If the Carrier agrees, pursuant to a contract of carriage, to offer services provided by a third party, the Carrier will not be liable for these services, except to the extent such third parties are deemed servants of the Carrier and any other conditions for the Carrier s liability are met under applicable law. Article 14: Administrative formalities 14.1 General Passengers are responsible for obtaining all the requisite travel documents, including visas, and for complying with all laws, regulations and other provisions of government authorities related to travel in the countries the passengers are flying from and to, and through which they will transit. The Carrier will not be liable for any consequences passengers may incur due to their failure to obtain such requisite documents or failure to obey such laws, regulations, requirements or orders Travel documents Prior to carriage commencing, passengers must be able to present all exit, entry and other documents required pursuant to laws, regulations and provisions laid down by government authorities in the affected countries, and must permit the Carrier to take and retain copies of such documents. The Carrier reserves the right to refuse carriage if passengers have not complied with applicable regulations, or the passengers travel documents do not appear to be in order Refusal of entry If the passenger is refused entry to a country, he or she will be liable for any fines or charges imposed on the Carrier by the relevant authority. The passenger will also be liable for payment for his or her carriage out of the country concerned. The ticket fare for the journey to the place where entry was refused will not be refunded by the Carrier.
14 14.4 Passenger's liability for fines and charges If the Carrier must pay a fine or incurs a cost due to the passenger s failure to comply with laws, regulations or other conditions related to their journey in the countries concerned, or failure to obtain the necessary documents, the passenger will, on demand, reimburse the Carrier for any sum paid or expense incurred Customs inspection If required, passengers must be present during inspection of their baggage by customs or other government officials. The Carrier will not be liable to passengers for losses or other damage caused by such an inspection or a passenger's failure to be present Security screening The passenger undertakes to submit to any security check performed by government officials, airport officials, the Carrier or other carriers. Article 15: Liability for damage 15.1 General The Carrier s conditions of liability are as follows: The Carrier will only be liable for damage that occurs on the Carrier's own routes operated by the Carrier itself. In those cases where the Carrier is named on the ticket as a chartering company, but another carrier is performing the actual flight, the passenger can choose which carrier to hold liable The Carrier's liability may, pursuant to the applicable regulations, be reduced or lapse in the event of any negligence on the part of the passenger that caused or contributed to the damage The Carrier is not liable for damage arising from the passenger's failure to comply with applicable laws or government rules and regulations The Carrier's liability is limited to documented financial losses, and the Carrier will under no circumstances be liable for consequential losses, except as required by applicable law The Carrier shall have no liability for any unforeseen medical emergency that occurs onboard an aircraft. Should the Carrier incur costs due to a necessary stop to convey a passenger to a hospital, the Carrier reserves the right to hold the passenger liable for the reimbursement of all the costs and expenses the Carrier may have incurred in connection with this The limitations regarding the Carrier s liability apply to its authorised agents, employees and representatives to the same extent as they apply to the Carrier. The total sum that can be demanded from the Carrier and from such authorised agents, employees and representatives may not exceed the Carrier s total liability, if the Carrier has such liability.
15 Unless expressly stated, none of what is contained in these General Conditions of Carriage shall be construed to mean that the Carrier waives any exception or limitation in its liability pursuant to applicable laws, conventions or agreements Liability for damage to baggage The Carrier assumes no liability for damage caused to hand baggage, unless the damaged resulted from its fault or that of its servants or agents The Carrier s liability for loss or damage to checked baggage will conform to the limitations pursuant to current national or international Conventions and rules. The Carrier s liability for such damage or loss is limited to 1,131 SDRs per passenger A passenger may benefit from a higher liability limit by making a special declaration of interest at the latest at check in and by paying a supplementary sum to be made known by the Carrier upon request. In that case the Carrier will be liable to pay a sum not exceeding the declared sum. The ordinary packing conditions apply. The Carrier reserves its right to: (a) inspect the checked baggage so as to confirm that the articles declared as being of value are present in the quantity and condition indicated; (b) cap the level of declaration which may be made; and (c) restrict the items in respect of which a declaration may be made. The foregoing limitations will not apply if it is proved that the damage resulted from an act or omission of the Carrier, its servants or agent, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment. For any flight from one point in the US to another point in the US, notwithstanding the foregoing, the Carrier s liability for lost, damaged or destroyed assistive devices, such as wheelchairs, shall be limited to the original purchase price of such assistive device The Carrier will not be liable for any damage the passenger's baggage may cause to the Carrier. All passengers will be personally liable for any damage caused to the Carrier, by the passenger or due to the passenger s baggage, and must cover all losses incurred by the Carrier due to this The Carrier will bear no liability for damage caused by objects which it is prohibited to carry in checked baggage (see clause 9.1.) for flights that do not include a point of origin or destination in the United States. This includes fragile and perishable objects, valuable objects (such as laptop computers, jewellery and precious stones, money, security documents, briefcases and attaché cases with alarms installed, medicines, medical certificates or identity documents), regardless of whether this baggage is checked or taken as hand baggage.
16 The Carrier will under no circumstances be liable for cosmetic and/or surface damage suffered by baggage during carriage and which is caused by normal wear and impacts (wear and tear) Liability for personal injury and death The Carrier will be liable for personal injury and death pursuant to the current legislation, provided that the personal injury or death takes place on a flight operated by the Carrier itself The following conditions apply to all carriage with the Carrier, irrespective of whether the carriage is subject to national or international law If a passenger is killed or suffers bodily injury or damage to his or her health, the Carrier shall be liable, provided that the event that caused the damage occurred onboard the aircraft, or in connection with the passenger s boarding or disembarkation. The liability for damages will not be subject to any financial limitation, whether laid down by law, convention or agreement Regardless of the provisions of , the Carrier may, wholly or partially, be relieved of liability for damages pursuant to the applicable legislation if the Carrier can prove that the injured or killed person caused or contributed to the injury through negligence If an accident occurs, the Carrier will immediately, and under no circumstances later than 15 days, after the identity of the person who is entitled to compensation has been established, pay an advance, which will be proportional the injury sustained, to cover immediate needs. In the case of death, this advance will not be less than 16,000 SDRs expressed in EUR per passenger Payment of an advance as described in clause : a) is not an admission of liability, b) may be deducted from any sum that is subsequently paid on the basis of the Carrier s liability, c) need only be repaid in those cases described in , or if it is subsequently proven that the person who received the advance caused or contributed to the injury through negligence, or is not the person entitled to the compensation The Carrier s liability for injury or death is not subject to any financial limitations. Liability for damages of up to 113,100 SDRs for injury or death may not be contested on the Carrier s part. If the sum is higher, the Carrier can contest the claim by proving that the damages suffered were not due to the negligence or other wrongful act or omission of the Carrier or its servants or agents or that such damages were solely due to the negligence or other wrongful act or omission of a third party The Carrier confirms that it carries liability insurance that covers at least 113,100 SDRs per passenger and not less than the minimum sum stipulated in applicable laws, conventions or agreements.
17 15.4 Liability for delays The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures, cf. Article 19 of the Montreal Convention In the case of losses due to the delayed carriage of persons, liability is limited to 4,694 SDRs In the case of losses due to the delayed carriage of checked baggage, liability is limited to 1,131 SDRs. Article 16: Deadlines for complaints or legal proceedings 16.1 Deadlines If the holder of the baggage check retrieves the checked baggage without making a complaint, this will be adequate proof that the baggage was delivered in good condition and in conformity with the contract of carriage. The passenger must prove the contrary is true. If the passenger wishes to make a claim for damage to checked baggage, the passenger must notify the Carrier as soon as possible after discovery of the damage, and no later than seven (7) days after the receipt of the baggage. Passengers who wish to claim for delayed baggage must inform the Carrier no later than twenty one (21) days after the baggage was made available. All communication and complaints must be made in writing to: Norwegian Air Shuttle, Bags, Postboks 115, 1366 Lysaker, Norway Passengers who discover damage to checked baggage at the destination must immediately notify the Carrier s representatives of this, and complete the damaged baggage form Time-barring of right to complain/legal proceedings All rights to compensation for damage will lapse if legal proceedings are not brought within two (2) years from the day of arrival at the destination, or from the day the aircraft was to have arrived or from the day the carriage was interrupted. Methods for calculating deadlines for legal proceedings are laid down by statutory rules in the country where legal action is brought. Article 17: Termination 17.1 If the passenger does not comply with the conditions stated in the General Conditions of Carriage or in the Rules of the Carrier, the contract with the passenger will be terminated with immediate effect without warning or written notice, and the payment made will be retained by the Carrier. Article 18: Authorisation
18 18.1 No agent, employee or representative of the Carrier is authorised to alter, modify or waive requirements stated in the conditions of carriage.