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Conditions of Contract

Terms and Conditions – Domestic


CONDITIONS OF CONTRACT
The Carriage is subject to Kingfisher Airlines Limited General Terms & Conditions and also regulations relating to the conditions of Non-International Carriage (Passenger and Baggage) framed in accordance with The Carriage by Air Act, 1972 and as amended by notification from time to time regarding application of carriage which is non-international. These regulations are known as Kingfisher Airlines Limited Non-International Carriage (Passenger and Baggage) Regulations 2004. The liability of Kingfisher Airlines for damage sustained in the event of the death or any bodily injury suffered by a Passenger or damage to the Passenger’s registered baggage during the course of carriage by air will be governed by the provisions of sections 4, 5, 6 and the rules contained in the Second Schedule of Carriage by Air Act, 1972 with certain exceptions, adaptations, modifications, etc. as notified in the Notifications published by Ministry of Civil Aviation, Government of India.

Excerpts from Regulations

The ticket issued by the Airline shall be subject to rules of cancellation made by the Airline for the time being in force, which may be seen at this website or any reservation office of the Airline or the Airline’s approved travel agent on request.
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The Airline reserves to itself the right, without assigning any reason, to cancel or terminate or delay the commencement or continuance of the flight or to alter the stopping place or to deviate from the route of the journey or to change the type of aircraft in use without incurring any liability in damages or otherwise to the passengers or any other person for any reason whatsoever. The Airline also reserves to itself the right to refuse to carry any Passenger whom it considers unfit to travel or who in the opinion of the Airline may constitute risks to the aircraft or to the persons on board.
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If at any stage it is found that the aircraft with the booked load or Passengers, etc. will be over loaded, the Airline will have the right to decide which Passengers or articles shall be off-loaded and such decision shall be binding.
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The Airline is not liable for any delay or loss or damage occasioned by delay in the carriage by air of Passengers or baggage.
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Receipt without complaint of registered baggage on the termination of the journey shall be prima facie evidence that the baggage has been delivered correctly and in good condition.
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The Airline’s liability for loss or damage to baggage is limited to INR 450 per kilo, unless a special declaration of the value has been made in advance and the supplementary sum paid. Excess valuation may not be declared on certain types of articles. The Airline assumes no liability for fragile or perishable articles.
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In the event of death of a Passenger or any bodily injury or wound suffered by a Passenger which results in a permanent disablement incapacitating him or her from engaging in or being occupied with his or her usual duties or business or occupation, the liability of the Airline for each Passenger shall be INR 7,50,000 if the Passenger is 12 years or more of age and INR 3, 75,000 if the Passenger is below 12 years of age on the date of the accident.

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Limitation of Liability and Disclaimer of Warranties

We do not represent or warrant the completeness or accuracy of the information published in this website or that access to the website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted.We makes no representations about the suitability of the information products or services contained on this website for any purpose. All such information, products, and services are provided "as is" without warranty of any kind. We hereby disclaim all warranties and conditions with regard to the information products and services (other than carriage by air), including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS OR ANY WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS OR ANY WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT OR STRICT LIABILITY OR ANY OTHER LAW OR OTHERWISE.

ANY CARRIAGE BY AIR USING AN ELECTRONIC-TICKET OBTAINED BY USING THIS WEBSITE SHALL ALSO BE SUBJECT TO THE CONDITIONS OF CARRIAGE AS PROVIDED IN THE CARRIAGE BY AIR ACT 1972, APPLICABLE TO NON-INTERNATIONAL CARRIAGE (PASSENGER & BAGGAGE) AS AMENDED BY NOTIFICATION FROM TIME TO TIME.

THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

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Online Bookings

This online booking system is currently available only for flights operated by us details of which will be available at the time of booking online. The Passenger will use the online booking facility to make only LEGITIMATE reservations.

A Passenger can book online for up to six (6) Passengers per booking. The bookings can be made subject to applicable fare and seat vacancies.

Bookings within 2 hours of departure cannot be made through our website. Please contact our Reservation Offices for any assistance.

Electronic tickets will be issued for all bookings made by a Passenger through our website and the mode of payment will be credit card. An electronic image of the Passenger's ticket is stored in our reservation system. The itinerary receipt is the Passenger's confirmation of travel.

Once e-ticketed online the system will generate an electronic ticket and a printable itinerary receipt will be displayed. The Passenger will need to print this itinerary receipt and use it for access to the airport and check-in. To enter the airport and for check-in, the Passenger must present the itinerary receipt along with any one of the valid photo identification (Official Government issued photo identification/ driving license/ election photo identification/ Passport [mandatory for international Passengers]/ photo credit card).

For any valid reasons if a Passenger's ticket does not get generated online, the Passenger's itinerary receipt will have a message as "Your Ticket was not issued". Please contact our nearest offices for further assistance. This itinerary receipt cannot be used for airport entry or check-in and is only for reference.

In this situation please contact our call centre at 1800 200 9000 to confirm your itinerary details.

The Passenger is responsible to read all “notes and rules” mentioned on each web page displayed while booking on our website. We will consider that the Passenger has accepted these notes and rules if the Passenger completes his/her booking process.

Passengers are responsible for the correctness of the age of children booked by the Passengers online. A child is one who has reached his/her second birthday but not yet reached his/her twelfth birthday on the date of commencement of journey.

Once an online booking is made, Passengers are requested to confirm the time, and date of departure. We assume no responsibility whatsoever on account of delay or cancellation of flight for any reason whatsoever including change in flight schedule.

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Modifications and Refunds

Once purchased online, changes or cancellation to this booking cannot be made online on www.flykingfisher.com or any other internet site. Please contact our nearest Reservation office in India to make the changes or cancel reservation. Passengers residing outside India must send their request to [email protected]

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Credit Card

We will accept major credit cards, for making bookings on our flights. Payment for online booking is accepted only by credit card. The credit card used to book online should be available for verification at the airport during check-in or while processing refunds. A Guest who has made booking(s) online (whether for his/her travel alone or for a group of persons traveling with him/her) using his/her own credit card is required to present the said credit card to our airport check-in staff at the time of check-in. In the case of Guest(s) whose ticket(s) has/ have been booked online using another person’s credit card and the credit card holder is not traveling with him/her/them, such Guest(s) is/ are required to carry either the original of the said credit card or a copy of the front side of the said credit card. We reserve the right to deny boarding to Guest(s) who does/do not comply with these requirements without being liable in any manner whatsoever.

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Personal Profile and Registration

A Passenger can make a reservation through this website without registering or without creating any login ID. However at a later date all the Passengers booking on this website may have to register online on this website and, a user ID will be allotted to the Passenger, which can be used in all future transactions.

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Age and Responsibility

The Passenger represents that they are of sufficient legal age to use this service, and they possess the legal right and ability to create binding obligations for any liability they may incur as a result of the use of this service. The Passenger understands that they are financially responsible for all uses of this service by them and those using their login information. The Passenger will supervise all usage of the booking facility under their name or account. The Passenger warrants that all information supplied by them and members of their household in using the booking facility are true and accurate.

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Documentation and health requirements

The responsibility to ensure the correctness of all documentation including valid Indian resident permit, passport & visa (if required) rests solely with the Passenger. We will not be responsible for any damages arising out of incomplete or improper documentation on the Passenger's part.

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Airport Tax and all other applicable Taxes

All the applicable taxes at the time of ticketing will be collected on the Passenger's ticket.

However in case of any other levy or taxes as may be imposed by any statutory authority, we reserve the right to collect the same from the Passenger. Some airports will levy an airport departure tax, which is payable by the Passenger at the airport locally. Information on these charges is not given through our quoted fares.

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Modification of Terms

We reserve the right to change any of these terms and conditions at any time without prior notice or liability. The Passenger is responsible for regularly reviewing these terms and conditions. Continued use of our online booking system following any such changes shall constitute the Passenger's acceptance of such changes.

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Restrictions on Use

We and our licensors retain all rights (including copyright and patent rights) with respect to all software and underlying information and material available through our online booking facility. The Passenger must not download or otherwise export or re-export any software or underlying information or material available through our online booking facility except with our prior written permission and in full compliance with all Indian and other applicable laws and regulations. In particular, but without limitation, the Passenger must not download or otherwise export or re-export any software or underlying information or material available through our online booking facility unless such downloading occurs in the course of using our online booking facility in accordance with our written instructions.

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No Unlawful or Prohibited use

The Passenger will not use this website for any purpose that is unlawful or prohibited by these Conditions. The Passenger will not use our online booking facility to make any speculative, false or fraudulent reservation.

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The Passenger must not

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resell the service of our online booking facility; or

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use our online booking facility for any activity which breaches any law; or

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use our online booking facility in a way which interferes with its availability for other users; or

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use other means to transact or obtain information if you are unable to use our online booking facility.

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No Representation

We do not warrant or represent that the Passenger's access to our online booking facility will be uninterrupted or error-free or that any information, data, content, software or other material accessible through our online booking facility will be free of bugs, viruses, worms, Trojan horses or other harmful components.

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E-Ticket and Boarding Pass Prima Facie Evidence of Contract

The e-ticket and the boarding pass are and remain at all the times our property and constitute prima facie evidence of the contract of carriage between us and the Passenger named on the ticket.

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Requirement For Ticket

The Passenger shall not be entitled to be carried on a flight unless that Passenger presents a ticket valid duly issued in accordance with our regulations.

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Ticket Not Transferable

A ticket is not transferable. If a ticket is presented by someone other than the Passenger entitled to be carried thereunder or to a refund in connection therewith, we shall not be liable to the Passenger so entitled if in good faith it provides carriage or makes a refund to the Passenger presenting the ticket.

PLEASE NOTE ONCE THE TICKET HAS BEEN ISSUED, THE NAME OF THE PASSENGER CANNOT BE CHANGED.

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Stopovers

Stopovers may be permitted at agreed stopping places subject to government requirements and our regulations. Stopovers be arranged with us in advance and specified on the ticket.

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Fares and Charges

General -

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 service between airports and between airports and town terminals, unless provided by us without additional charge. Applicable fares are subject to change as per our regulations. We are required by the government to charge and collect Passenger Service Fee (PSF) as applicable. Besides, an insurance charge is also levied. All the above taxes and government levies are collected along with the basic fare at the time of issuance of the ticket. Any additional taxes, surcharges, cess, duty, levies and/or any other charges of such nature imposed by lawful authority on the tickets shall be directly paid by the Passenger to us at the time of Check-In.

 

Applicable Fares -

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Applicable fares are those published by us.
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Please note that fares are subject to change without prior notice.
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In any case we are not obligated to carry any Passenger as long as the applicable fare has not been paid to us.

 

Routing -

Unless otherwise provided in our regulations, fares apply only to routings published in connection therewith.

 

Taxes And Charges -

Any tax or charge imposed by government or other authority, or by the operator of an airport, in respect of a Passenger or the use by a Passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the passenger, except as otherwise provided in our regulations.

 

Currency -

Fares and charges are payable in any currency acceptable to us. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with our regulations.

 

Seating -

Seating will be assigned through advance reservations by selecting the seat by the Passengers online or seating will be assigned at the airport check-in counter prior to boarding.

 

Schedules -

We undertake to use its best efforts to carry the Passenger and his or her baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel.

The times shown in timetables, website or elsewhere are approximate and not guaranteed and form no part of the contract of carriage.

Schedules can be subject to change without prior notice and we assume no responsibility for making connections.

 

Cancellation and Changes in Flight Schedule -

In case of circumstances beyond our control (including, but without limitation, meteorological conditions, mechanical failures, acts of nature, force majeure, strikes, riots, civil, commotion's, embargoes, wars, hostilities, disturbances, government regulations, orders, demands or requirements, shortage of labour, fuel or facilities, or labour difficulties of Kingfisher Airlines or others all actual, threatened or reported) we may without notice cancel or delay a flight.

If due to such circumstances we cancel such flight, we shall:

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Refund the entire cost of the ticket to the Passenger through the point of sale, or

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If the Passenger so requests, carry the Passenger on another of its scheduled passenger services on which space is available or reroute the Passenger to the destination indicated on the ticket or applicable portion thereof by the scheduled services of another carrier, or by means of surface transportation, in which case no refund will be payable.

Except in the case of its act(s) or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, Kingfisher Airlines shall not be liable for errors or omissions in timetables or other published schedules, or for representations made by employees, agents or representatives of Kingfisher Airlines as to the dates or time of departure or arrival or as to the operation of any flight.

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