CHAPTER 446 - AIR SERVICES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Zambia Air Services Regulations

Air Services (Aerial Application Permit) Regulations

Prescribed Fees

Air Service (Permit Fees) Regulations

Air Services (Permit Fees) (No. 2) Regulations

ZAMBIA AIR SERVICES REGULATIONS

[Section 20A]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Conditions of carriage

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

[Regulations by the Minister]

SI 50 of 1982.

1.   Title

   These Regulations may be cited as the Zambia Air Services Regulations.

2.   Conditions of carriage

   (1) The General Conditions of Carriage for Passengers and Baggage shall be as set out in the First Schedule.

   (2) The General Conditions of Carriage for Cargo shall be as set out in the Second Schedule.

   (3) The Special Conditions of Carriage for Air Express Parcels shall be as set out in Part 1 of the Third Schedule; and the Special Conditions of Carriage for Air Express Letters shall be as set out in Part 2 of the Third Schedule.

FIRST SCHEDULE

[Regulation 1 (1)]

GENERAL CONDITIONS OF CARRIAGE FOR PASSENGERS AND BAGGAGE

ARTICLE I
DEFINITIONS

In these Conditions, except where the context otherwise requires or where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them, that is to say:

“baggage” means such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his trip. Unless otherwise specified, it shall include both checked and unchecked baggage of the passenger;

“baggage check” means those portions of the ticket which provide for the carriage of passenger’s checked baggage;

“baggage tag” means a document issued by Carrier solely for identification of checked baggage, the baggage (strap) tag portion of which is attached by Carrier to a particular article of checked baggage and the baggage (identification) tag portion of which is given to the passenger;

“carriage” which is equivalent to the term transportation, means carriage of passengers and/or baggage by air, whether gratuitously or for reward;

“Carrier” includes the air carrier issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his baggage thereunder or perform or undertake to perform any other services related to such air carriage;

“checked baggage” means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage check;

“conjunction ticket” means a ticket issued to a passenger in conjunction with another ticket which together constitute a single contract of carriage;

“Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, October 12, 1929, or the Warsaw Convention as amended at The Hague, 1955, whichever may be applicable to the carriage under the contract of carriage;

“damage” includes death, injury, delay, loss or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto;

“days” means calendar days, including Sundays and legal holidays:

Provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted;

“flight coupon” means that portion of the ticket that bears the notation "Good for Passage" and indicates the particular places between which the coupon is good for carriage;

“French gold francs” means francs consisting of 65 1/2 milligrams of gold with a fineness of nine hundred thousandths:

Provided that sums mentioned in terms of French gold francs in these conditions shall be converted into national currencies, in the absence of any applicable national law governing such conversions, as follows:

One French gold franc shall be deemed to be one-fifteenth of one Special Drawing Right as defined by the International Monetary Fund, and any sum so arrived at in terms of the Special Drawing Right shall then be converted into national currencies according to the value of such currencies in terms of the Special Drawing Right. The value of a national currency, in terms of the Special Drawing Right, of a state which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund for its operation and transactions. The value of a national currency, in terms of the Special Drawing Right, of a state which is not a member of the International Monetary Fund shall be calculated in a manner determined by that state.

“International carriage as defined by the Warsaw Convention” means carriage in which according to the contract made by the parties the place of departure and the place of destination, whether or not there be a break in the carriage or a trans-shipment, are situated either within the territories of two High Contracting Parties to the Warsaw Convention one or both of which have not ratified The Hague Protocol or within the territory of a single High Contracting Party not having ratified The Hague Protocol if there is an agreed stopping place within the territory subject to the sovereignty, suzerainty, mandate or authority of another Power even though that Power is not a High Contracting Party;

“International carriage as defined by the Warsaw Convention as amended at The Hague, 1955” means carriage in which according to the agreement between the parties the place of departure and the place of destination, whether or not there be a break in the carriage or a trans- shipment, are situated either within the territories of states both of which have ratified The Hague Protocol or within the territory of a single state which has ratified The Hague Protocol if there is an agreed stopping place within the territory of another state even if that state has not ratified The Hague Protocol;

“normal fare” means the highest fare established for a first or economy/tourist class service during the period of applicability;

“passenger” means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier;

“passenger coupon” means that portion of the ticket which is so marked and which ultimately is retained by the passenger;

“special fare” means a fare other than the normal fare;

“stopover”, which is equivalent to a break of journey, means a deliberate interruption of a journey by the passenger, agreed to in advance by Carrier, at a point between the place of departure and the place of destination;

“ticket” means the document entitled "Passenger Ticket and Baggage Check" issued by or on behalf of the Carrier and includes the Conditions of Contract and Notices and the flight and passenger coupons contained therein;

“unchecked baggage” means any baggage of the passenger other than checked baggage.

ARTICLE II
APPLICABILITY

1.   General

These Conditions are the Conditions of Carriage referred to in the ticket and, except as provided in paragraphs 2, 3, 4, 5 and 6 of this Article, apply to all carriage of passengers and baggage, including services incidental thereto, performed by Carrier for reward.

2.   Not Applicable to USA and Canada

These Conditions do not apply to carriage between places in the United States or in Canada or between a place in the United States or in Canada and any place outside thereof to which tariffs in force in those countries apply. The tariffs applicable to such carriage are available for inspection at the offices of Carrier.

3.   Gratuitous Carriage

These Conditions also apply to gratuitous carriage except to the extent that Carrier has provided otherwise in its Regulations or in the relevant contracts, passes or tickets.

4.   Conditions Subject to Change-Effectiveness

These Conditions and Carrier’s Regulations, fares and charges are subject to change without notice, provided that no such change shall apply after the carriage hereunder has commenced. The fares and charges applicable to the carriage are those in effect at the date of commencement of carriage covered by the first flight coupon of the ticket except as otherwise provided in Carrier’s Regulations.

5.   Charters

Carriage performed pursuant to a charter agreement with Carrier shall be subject to the Charter Regulations (if any) of Carrier applicable thereto, and these Conditions shall not apply except to the extent provided in the said Charter Regulations. Where Carrier has no Charter Regulations applicable to such carriage, these Conditions shall apply to such carriage except as far as Carrier has in the said charter agreement, or ticket issued in connection with it, excluded the application of all or any part of them. In case of any inconsistency between these Conditions and the provisions contained or referred to in the said charter agreement the latter shall prevail. The passenger, by accepting the carriage pursuant to the said charter agreement, whether or not concluded with the passenger, agrees to be bound by the applicable provisions of such agreement.

6.   Overriding Law

In so far as any provision contained or referred to herein may be contrary to anything contained in the Convention, laws, government regulations, orders or requirements which cannot be waived by agreement of the parties, such provision shall remain applicable and be considered as part of the contract of carriage to the extent only that such provision is not contrary thereto. The invalidity of any provision shall not have the effect of invalidating any other provision.

7.   Conditions Prevail over Regulations

Save as provided herein, in the event of inconsistency between these Conditions and Carrier’s Regulations, these Conditions shall prevail.

ARTICLE III
TICKETS

1.   –

      (a)   Ticket Prima Facie Evidence of Contract

The ticket constitutes prima facie evidence of the contract of carriage between Carrier and the passenger. The conditions of contract contained in the ticket are a summary of some of the provisions of these Conditions of Carriage.

      (b)   Requirement for Ticket

A person shall not be entitled to be carried on a flight unless he presents a ticket valid and duly issued in accordance with Carrier’s Regulations and containing the flight coupon for that flight and all other unused flight coupons, and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket he presents is mutilated or if it has been altered otherwise than by Carrier or his authorised agent.

      (c)   Loss, etc., of Ticket

In case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, Carrier may at the passenger’s request replace such ticket or part thereof by issuing a new ticket without further charge on receipt of proof satisfactory to Carrier that a ticket valid for the flights in question was duly issued, provided that the passenger undertakes in such form as may be prescribed by Carrier to pay to Carrier the fare applicable to the new ticket in the event, and to the extent, that the lost or missing ticket or the missing flight coupons are used by any person, or that refund in respect thereof is made to any person.

      (d)   Ticket not Transferable

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

      (e)   Each flight coupon will be accepted for carriage in the class of service specified therein on the date and flight for which accommodation has been reserved. When flight coupons are issued without a reservation being specified thereon, space will be reserved on application subject to availability of space on the flight applied for.

2.   –

      (a) Period of Validity

A ticket issued at the normal fare is valid for carriage for one year from the date of commencement of flight or if no portion of the ticket is used, from the date of issue thereof. A ticket issued at other than the normal fare is valid for carriage or for refund only for the period and subject to the conditions prescribed in Carrier’s Regulations or in the ticket itself.

      (b)   Extension of Validity

If a passenger is prevented from travelling within the period of validity of his ticket because

Carrier–

      (i)   cancels the flight on which the passenger holds a reservation; or

      (ii)   omits a scheduled stop, being the passenger’s place of departure, place of destination or place of stopover; or

      (iii)   fails to operate a flight reasonably according to schedule; or

      (iv)   causes the passenger to miss a connection; or

      (v)   substitutes a different class of service; or

      (vi)   is unable to provide space that has been reserved;

the validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available in the class of service for which the fare has been paid.

      (c)   When a passenger holding a normal fare ticket, or a special fare ticket which has the same validity as a normal fare ticket, is prevented from travelling within the period of validity of his ticket because at the time such passenger requests reservation Carrier is unable to provide space on the flight, the validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available in the class of service for which the fare has been paid, but not for more than seven days.

      (d)   When a passenger after having commenced his journey is prevented from travelling within the period of validity of his ticket by reason of illness, Carrier will extend, provided such extension is not precluded by Carrier’s Regulations governing the fare paid by the passenger, the period of validity of such passenger’s ticket until the date when he becomes fit to travel according to a medical certificate, or until Carrier’s first flight after such date from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. When the flight coupons remaining in the ticket involve one or more stopovers, the validity of such ticket will be extended for not more than three months from the date shown on such certificate in the case of a normal fare ticket or a special fare ticket having the same validity as a normal fare ticket, and for not more than seven days in any other case. In such circumstances, Carrier will extend similarly the period of validity of tickets of other members of his immediate family accompanying an incapacitated passenger.

3.   Coupon Sequence and Production

Carrier will honour flight coupons only in sequence from the place of departure as shown on the passenger coupon. The passenger coupon and all unused flight coupons not previously surrendered to Carrier shall be retained by the passenger throughout his journey and shall be produced and the applicable flight coupons surrendered to Carrier at Carrier’s request.

4.   Name and Address of Carrier

Carrier’s name may be abbreviated in the ticket, the full name and its abbreviation being set forth in Carrier’s Regulations or time-tables; Carrier’s address shall be the airport of departure shown opposite the first abbreviation of Carrier’s name in the ticket.

ARTICLE IV
STOPOVERS AND AGREED STOPPING PLACES

1.   When Stopovers Permitted

In the case of a passenger holding a ticket issued at the normal fare stopovers within the period of validity of the ticket will be permitted at any scheduled stop (subject to paragraph 2 below) unless Government requirements or Carrier’s Regulations or time-tables do not permit such stopover. In the case of passengers holding tickets at special fares, stopovers are in addition subject to the limitations or prohibitions on stopovers as provided in Carrier’s Regulations. Additional charges for stopovers will be payable as provided in Carrier’s Regulations.

2.   Advance Arrangements Required

Stopovers will be permitted only if arranged with Carrier in advance and provided for in the ticket.

3.   Agreed Stopping

For the purposes of the Convention and of these Conditions the agreed stopping places (which may be altered by Carrier in accordance with Article X) are those places, except the place of departure and the place of destination, set forth in the ticket or as shown in Carrier’s time-table as scheduled stopping places on the passenger’s route.

ARTICLE V
FARES, CHARGES AND ROUTINGS

1.   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 centres, unless Carrier’s Regulations provide that such ground transport will be furnished without additional charges.

2.   Applicable Fares

Applicable fares for carriage governed by these Conditions are those published by Carrier or, if not so published, constructed in accordance with Carrier’s Regulations. Except as otherwise provided in Carrier’s Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket.

When the amount that has been collected is not the applicable fare the difference shall be paid by the passenger or, as the case may be, refunded by Carrier, in accordance with Carrier’ Regulations.

3.   Precedence of Fares

Unless otherwise provided in Carrier’s Regulations, a published fare takes precedence over the combination of intermediate fares applicable to the same class of service between the same points via the same routing.

4.   Routing

Unless otherwise provided in Carrier’s Regulations, fares apply in either direction and only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger, prior to issue of the ticket, may specify the routing; if no routing is specified, carrier may determine the routing.

5.   Currency

Subject to applicable law, fares and charges are payable in any currency acceptable to Carrier. 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 for such purpose by Carrier, the current statement of which is available for inspection by the passenger at Carrier’s office where the ticket is purchased.

6.   Payment of Fares and Charges

Carrier shall not be obliged to carry, and may refuse onward carriage of a passenger or his baggage, if the applicable fare or any charges or taxes payable have not been paid, or if credit arrangements agreed between Carrier and the passenger (or the person paying for the ticket) have not been complied with. On refusal by Carrier to carry the passenger or his baggage in accordance with the provisions of this paragraph, Carrier’s sole liability shall be to refund any amount that may be payable under Article XI, paragraph 3 (b), of these Conditions.

ARTICLE VI
CHANGES TO TICKET OR SCHEDULES, MISSED CONNECTIONS

1.   Changes Requested by Passenger

Changes to the ticket requested by the passenger will be subject to Carrier’s Regulations.

2.   Cancellation, Changes of Schedule, etc.

If Carrier cancels a flight, fails to operate reasonably according to schedules, substitutes a different type of equipment or different class of service, is unable to provide previously confirmed space, or causes a passenger to miss a connecting flight on which he holds a reservation, Carrier, with due consideration to the passenger’s reasonable interests, shall—

      (a)   carry the passenger on another of its scheduled passenger services on which space is available; or

      (b)   re-route the passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or the scheduled services of another Carrier, or by means of surface transportation. If the fare, excess baggage charges, and any applicable service charge for the revised routing is higher than the refund value of the ticket or applicable portion thereof as determined under Article XI, paragraph 3(b), Carrier shall require no additional fare or charge from the passenger and shall refund the difference if the fare and charges for the revised routing are lower; or

      (c)   make a refund in accordance with the provisions of Article XI, paragraph 3(b)

ARTICLE VII
RESERVATIONS

1.   Reservation Requirements

      (a)   A reservation of space on a flight shall not be effective and binding on Carrier unless (i) a ticket for that flight has been duly issued to the passenger and the reservation entered on the appropriate flight coupon by Carrier or its authorised agent; or (ii) the passenger has made a deposit in the amount and within the time limit prescribed in Carrier’s Regulations. A reservation that does not comply with one or other of these requirements may be cancelled by Carrier at any time without notice.

      (b)   On failure of Carrier to provide space in the class of service for which a reservation has been duly made in accordance with sub-paragraph (a) and paragraph 6 hereof, Carrier shall be liable to the extent provided in Article XVII, paragraph 3 (i).

2.   No Particular Space Guaranteed

Carrier does not undertake to provide any particular seat in the aircraft. The passenger agrees to accept any seat that may be allotted to him on the flight in the class of service for which his ticket has been issued.

3.   Time of Arrival at Check-in

The passenger shall arrive at Carrier’s check-in location at the airport or other point of departure at the time fixed by Carrier or, if no time is fixed, sufficiently in advance of flight departure to permit completion of government formalities and departure procedures. If the passenger fails so to arrive in time at Carrier’s check-in location at such airport or other point of departure, or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for him. Departures will not be delayed for passengers who arrive at Carrier’s check-in location at airports or other points of departure too late in Carrier’s opinion for such formalities to be completed before scheduled departure time. Carrier is not liable to the passenger for loss or expenses due to the passenger’s failure to comply with the provisions of this paragraph.

4.   Service Charge When Space Not Occupied

A service charge in accordance with Carrier’s Regulations shall be payable by any passenger who fails to arrive at Carrier’s check-in location at the airport or other point of departure by the time fixed by Carrier (or if no time if fixed, sufficiently in advance of flight departure to permit completion of government formalities and departure procedures) or appears improperly documented and not ready to travel, and as a consequence thereof does not use space for which a reservation has been made for him, or who cancels his reservation later than the time limit for cancellation prescribed in Carrier’s Regulations. The service charge shall not be payable if the passenger’s failure to cancel his reservation or to arrive in time is due to a flight delay or cancellation, or omission of a scheduled stop, or failure to provide reserved space, or to medical reasons supported by a doctor’s certificate.

5.   Communications Expenses

The passenger will be charged for communications expenses incurred by Carrier as the result of a request by the passenger in connection with his reservation or journey other than communications expenses incurred in securing his original reservation on a flight.

6.   Reconfirmation of Reservations

Any onward or return reservation shall be subject to the requirement to reconfirm the reservation in accordance with and within the time limits specified in Carrier’s Regulations. Failure to comply with any such requirement will entitle Carrier to cancel the onward or return reservation.

7.   Cancellation of Onward Reservations Made by Carrier

If a passenger fails to occupy space that has been reserved for him on a flight, Carrier shall be entitled to cancel or to request cancellation of any onward or return reservations that Carrier has made or procured for the passenger.

ARTICLE VIII
REFUSAL OF CARRIAGE

1.   Right to Refuse Carriage

Carrier will refuse carriage or onward carriage, or will cancel the reservation of any passenger when, in the exercise of its reasonable discretion, Carrier decides—

      (a)   that such action is necessary for reasons of safety; or

      (b)   that such action is necessary to prevent violation of any applicable laws, regulations, or orders of any state or country to be flown from, into or over; or

      (c)   that the conduct, age, or mental or physical state of the passenger is such as to—

      (i)   require special assistance of Carrier; or

      (ii)   cause discomfort or make himself objectionable to other passengers; or

      (iii)   involve any hazard or risk to himself or to other persons or to property; or

      (d)   that such action is necessary owing to the failure of the passenger to observe the instructions of Carrier.

2.   Recourse When Carriage Refused

The sole recourse of any person so refused carriage or whose reservation is cancelled for any reason specified in the preceding paragraph shall be recovery of the refund value, in accordance with Article XI, paragraph 3(b), of the unused portion of his ticket from the Carrier so refusing, or cancelling. In cases falling under paragraph 1(c)(ii) or 1(d) of this Article the refund will be subject to deduction of any applicable service charge.

3.   Weight or Seating Limitation

If the aircraft’s weight limitations or seating capacity would otherwise be exceeded, Carrier shall decide in its reasonable discretion which passengers or articles shall not be carried.

4.   Carriage of Children

Children will be accepted for carriage subject to the provisions of and to compliance with the requirements of Carrier’s Regulations.

ARTICLE IX
BAGGAGE

1.   Articles Unacceptable as Baggage

      (a)   The passenger shall not include in his baggage:

      (i)   Articles which do not constitute baggage as defined in Article I hereof.

      (ii)   Articles which are likely to endanger the aircraft or persons or property on board the aircraft, including (but without limitation) explosives, compressed gases, corrosives, oxidising radio-active or magnetised materials that are easily ignited, poisonous, offensive or irritating substances, and liquids (other than liquids in the passenger’s unchecked baggage for his use in the course of the journey).

      (iii)   Articles the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over.

      (iv)   Articles which in the opinion of Carrier are unsuitable for carriage by reason of their weight, size or character.

      (v)   Live animals, except that dogs, cats, household birds and other pets will be accepted for carriage subject to the provisions of paragraph 10 of this Article.

      (b)   If the passenger is in possession of, or if his baggage includes any arms or munitions, he shall present them to Carrier for inspection prior to commencement of carriage. If Carrier accepts such articles for carriage it may require them to be delivered to and remain in its custody until the passenger’s arrival at the airport building at the place of destination.

2.   Right to Refuse Carriage

Carrier may refuse carriage as baggage of any article described in paragraph 1 of this Article and may refuse further carriage of any baggage on discovering that it consists of or includes any such articles.

3.   Right of Search

Carrier may request the passenger to permit a search to be made of his person and his baggage, and may search the passenger’s baggage in his absence if the passenger is not available for such permission to be sought, for the purpose of determining whether he is in possession of or whether his baggage contains any article described in paragraph 1(a) above or any arms or munitions which have not been presented to Carrier in accordance with paragraph 1(b) above. If the passenger is unwilling to comply with such request Carrier may refuse to carry the passenger or his baggage and in that event Carrier shall be under no liability to the passenger except to refund to him in accordance with the provisions of Article XI, paragraph 3(b), of these Conditions.

4.   

If Carrier accepts as baggage articles which do not constitute baggage as defined in Article I hereof, the carriage thereof shall nevertheless be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of baggage.

5.   Checked Baggage

      (a)   Upon delivery to Carrier of baggage to be checked, Carrier shall take custody thereof. Carrier will thereupon make an appropriate entry on the ticket which act shall constitute the issue of the baggage check. Baggage (identification) tags that may be issued by the Carrier in addition to the baggage check are for identification purposes only.

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