Pacific Terms & Conditions of Carriage
In these terms and conditions Air Chathams Ltd
(trading as Chathams Pacific, The Friendly Islands Airway) are called Chathams
These Terms and Conditions of Carriage are called
These Conditions apply to all carriage of passengers and baggage by Chathams
Pacific. These Conditions are to be read in conjunction with and subject to the
provisions of all applicable laws (both within The Kingdom of Tonga and New Zealand)
including the limitations of liability in the Carriage by Air Act 1967 and the
Carriage of Goods Act 1979.
Chathams Pacific may from time to time make separate
regulations or rules or give notices or set other terms and conditions (all in
these Conditions called Rules) relating to specified carriage or requirements.
All such Rules shall apply equally as these Conditions as though fully set out
herein. Chathams Pacific may vary or amend any Rules from time to time. Where
there is any conflict between these Conditions and any Rules these Conditions
All carriage of passengers and baggage shall be
performed pursuant to a contract of carriage between Chathams Pacific and the
passenger. This contract of carriage shall be in such form as Chathams Pacific
may determine. All contracts of carriage shall be subject to Rules relating to
such matters as terms of issue, period of validity, requirements for payment,
fare structures, check in requirements, carriage of children, and otherwise as
Chathams Pacific may determine. A booking for any carriage is not effective
unless a contract of carriage has been entered into. A booking is not a
contract of carriage. While Chathams Pacific will endeavour to accommodate all
passengers, a contract of carriage is not a guarantee of a seat on a particular
flight or any particular aircraft or timely or other performance of any
carriage. All contracts of carriage are specifically subject to the provisions
detailed under the section in Routes and Schedules. These Conditions apply also
to gratuitous carriage except as may otherwise be set out in any Rules. All
contracts of carriage are subject to all the provisions of these Conditions.
Passengers must be checked in at least 45 minutes
prior to scheduled departure time to comply with Air Security regulations
and to ensure timely service.
Travel with Chathams Pacific is ticketless. Every
booking is automatically allocated a unique reference number usable for booking
confirmation. At check-in simply present to our check in counter with your
baggage and state your name. With the exception of Unaccompanied Minors, no
forms are required at the airport, but personal identification may be
requested, and evidence of age may be required for those travelling on Child
Fares. A confirmation of your booking is available on request for your
records. Chathams Pacific may cancel your booking if you fail to arrive
at the Chathams Pacific check-in location later than 45 minutes prior to
scheduled flight departure and you may forfeit all payments.
Baggage in these Conditions means baggage of the
passenger carried on or in conjunction with the passenger's flight. All
carriage of baggage is subject to these Conditions and to Rules setting out
separate terms and conditions relating to baggage. Chathams Pacific may refuse
to carry any passenger or baggage where these Conditions or any Rules relating
to baggage are not complied with. Chathams Pacific may search any passenger or
baggage to ensure such compliance. All carriage of goods not being baggage as
defined herein shall be subject to similar Conditions and to any Rules
determined by Chathams Pacific or other agreements made from time to time.
Allowance And Restrictions
Each fare paying passenger has a 20kg normal dimension
baggage allowance. Each piece of baggage should not exceed total
dimensions (length + width + height) of 158cm.
Passengers travelling together may combine their
baggage entitlement provided no individual item’s weight exceeds 32kg.
Infants travelling with a fare paying passenger are
entitled to a 20kg normal dimension baggage allowance.
Baggage in excess of the free allowance may be carried
if space and load capacity permit.
Excess baggage will be subject to a surcharge. Baggage
is, where possible, carried on the same flight as the passenger. However, where
this is impractical it may be carried on the next available flight. Passengers
are limited to one item of carry on baggage that must weigh less than 7kg and
maximum total dimensions (length + width + height) of 115cm.
Large items of baggage such as bicycles and surfboards
may be carried for an additional fee and may be carried on a different flight.
Commercial goods and samples and tools of trade are
not generally considered passenger baggage and may be transported as freight on
other flights or by other means to the destination at the passengers
Chathams Pacific may refuse carriage to any baggage
that in its view is unsuitable for carriage for any reason.
Further information on baggage allowances and
restrictions is covered in the following sections and is available at the
Unacceptable Baggage Allowance Items
Chathams Pacific advises that the following items may
not be included in your checked baggage and Chathams Pacific accepts no
liability for their damage or loss unless the items are identified and Chathams
Pacific has, in writing, accepted them for carriage:
Dangerous goods (see below)
Cash, negotiable bonds, deeds, or other valuable documents;
Jewellery, antiques or similar valuable items;
Any item of a fragile or brittle nature eg. Glassware;
Electrical or electronic components eg computers;
Any item that has insufficient packaging to withstand the normal circumstances
and effects of carriage by air
Dangerous goods may not be carried. A list of common
dangerous goods is displayed at check-in counters and further information is
available on request. Passengers are requested to clarify any doubtful items
prior to check in. Common examples are: knives, scissors, compressed gases
(some common camping equipment); flammable liquids and solids (strike anywhere
matches, lighter and heater fluids, flammable aerosols); firearms (may only be
carried with approval as checked luggage); and poisons (not including medical
prescriptions). Further information on dangerous goods is available at the
Dangerous goods may be carried, at the discretion of
Chathams Pacific, as freight, if all packing and documentation regulatory
requirements have been complied with.
Claims for immediately identifiable baggage damage or
loss must be reported to the handling agent prior to the passenger leaving the
All damage not immediately identifiable must be
reported to Chathams Pacific on discovery and at least within 24 hours of
Fares apply only for carriage from the airport at
point of departure to the airport at point of destination. All fares must be
paid or secured to Chathams Pacific’s satisfaction prior to departure. The
passenger must also pay any other charges that may be applicable or required
including any airport departure tax, other taxes or charges, baggage surcharge,
or otherwise. Terms and conditions of different fare classes may be set out in
Rules determined by Chathams Pacific from time to time. Unless otherwise set
out in such Rules, fares shall be non-refundable. Applicable fares at any time
shall be as published or advised by Chathams Pacific. All fares are quoted in
Tongan Dollars and include Consumption Tax.
Chathams Pacific reserves the right to charge service
fees. When service fees apply, they will be communicated to the customer
and once a Reservation is confirmed and/or paid for, shall be non-refundable.
1. Fare levels available under these conditions may
vary from flight to flight, over the booking time for a flight and may not be
available on all flights.
2. Liability for payment occurs at booking. Once the
booking is completed JustGo fares are non refundable.
3. Bookings may be made up to time of flight sales
close off provided seats at JustGo fare level are available on the flight.
4. Changes at a cost of $30 per person per change may
be made up to 48 hours prior to scheduled departure time to:
a. Name of passenger
b. Dates and times of the booked journey.
c. Direction of travel may be reversed
d. Cancel the trip and Chathams Pacific will hold the
balance for access by the originally named customer as a credit, for up to 6
months from the original date of booking, against future travel.
5. If the same fare price as originally booked is
unavailable, the cost of upgrading to the best available fare is payable on
6. A one-way journey is defined as travel for one
person made with a single booking which may involve single or multiple directly
connecting sectors in one direction.
7. Children’s discounts may apply to these fares.
Unaccompanied minors may travel subject to arrangement with Chathams Pacific at
levels available under these conditions may vary from flight to flight and over
the booking time for a flight.
Liability for payment occurs at booking.
can be made up to time of sales flight close off provided seats at EasyGo fares
are available on the flight.
Children’s discounts may apply to these fares. Unaccompanied minors may travel
subject to arrangement with Chathams Pacific at booking.
purchasing an Easy Go B fare then changes at a cost of $30 per person per change
may be made up to 24 hours prior to scheduled departure time. The
following changes may be made:
a) Name of
and times of the booked journey.
and destination ports (additional costs will be charged if applicable).
purchasing an Easy Go H fare then the following changes may be made at no
additional cost up to 24 hours prior to scheduled departure time:
d) Name of
and times of the booked journey.
Origination and destination ports (additional costs will be charged if
7. If the
same fare price as originally booked is unavailable the cost of upgrading to
the best available fare is payable 24 hours on rebooking.
If bookings are cancelled more than 24 hours before the scheduled departure
time of a booked flight then H class fares will be refundable. Bookings
will be forfeited thereafter if the passenger does not check-in for a booked
flight as per General Conditions.
& Promotional Fares – Conditions
time to time Chathams Pacific may offer non-standard fares. These special
fares will have the following general booking rules together with others that
may be advised at the time.
levels available under special fare conditions may vary from flight to flight,
over the booking time for a flight and may not be available on all flights.
Liability for payment occurs at booking.
may be date restricted (i.e. booking must be made within a certain time period
or may only apply to some flights operating during a certain time period).
4. Once the
booking is completed:
including cancellation are not permitted.
are non refundable, not transferable to another person and not upgradeable to
another fare type.
only applies to the flights and dates booked.
unaccompanied minors can be booked and no children’s discounts apply to special
fares may include companion fares. Only an adult standard fare can be
matched with a companion fare.
Name Change Conditions
The person or representative of the organisation who
actually incurred liability for payment for a booking is the only person
authorised to change a passenger name in a booking. Travel agents are not
permitted to resell a booking to another party not directly associated with the
party who incurred liability for the initial booking.
Carriage will be performed on such routes and in
accordance with such schedules as Chathams Pacific may from time to time
determine or publish. Chathams Pacific may vary such schedules or cancel any
flights at any time.
Chathams Pacific will use its best efforts to carry
the passenger and baggage in accordance with the contract of carriage. However,
timely or other performance is not guaranteed and the schedules and the times
of any carriage are subject to change at any time without notice. In
particular, Chathams Pacific cannot guarantee the timely performance of any
carriage where there is:
Any fault or neglect of a passenger.
Any operational maintenance weather or emergency requirements affecting the
Force majeure or any matter outside Chathams Pacific's control.
Chathams Pacific may offload or not carry any
passenger or baggage in its discretion should weight limitations or seating
capacity require this. Chathams Pacific reserves the right without notice to
substitute alternate carriers or aircraft for any carriage. Timetables shown
are subject to change without notification.
PACIFIC CONTROL OF FLIGHTS
Chathams Pacific has full authority and control in
respect of the operational and safety aspects of all flights and may change the
flight details, refuse carriage to any passenger, or make any other decision in
relation to a flight as it may consider appropriate. This authority and control
may be exercised by a duly authorised officer of Chathams Pacific and or the
captain of the aircraft.
PACIFIC WHERE CARRIAGE CANNOT BE PERFORMED OR COMPLETED
Where Chathams Pacific is unable to commence or continue
any flight or carry any contracted passenger it will endeavour to provide
alternative carriage. If alternative carriage is not possible the passenger may
re-book with Chathams Pacific or receive a refund. A passenger who is refused
carriage may receive a refund for such part of the carriage as may be
applicable. Chathams Pacific has no obligation to a passenger who is late for,
or misses a flight. Passengers on a charter positioning flight which does not
proceed will receive a refund.
Chathams Pacific has no obligation or liability to any
passenger for any unperformed or delayed carriage except as set out in these
Conditions. In particular Chathams Pacific has no liability for any missed
connections or appointments or for any consequential or other loss. This
limitation of liability extends to Chathams Pacific's agents, officers,
servants and representatives.
No agent, representative, or employee of Chathams
Pacific is authorised to waive the application of any of these Conditions or of
any Rules. No agent representative or employee of Chathams Pacific is
authorised to waive the application of any of these Conditions or of any Rules.
The provision of refreshments or other services on any
flight shall be solely in Chathams Pacific's discretion.
PASSENGERS WITH SPECIAL NEEDS
Travel for infants, unaccompanied
children, incapacitated persons, pregnant women, persons with illness, or other
people requiring special assistance, is subject to arrangement with Chathams
Pacific at time of booking.
Passengers with mobility problems
or in wheelchairs can be accepted for carriage only after discussion with an
Chathams Pacific Sales Consultant. Wherever possible, appropriate arrangements
will be made for the passengers to be assisted on and off the aircraft.
Passengers requiring special care and assistance during a journey should travel
with a companion who can provide this. Chathams Pacific staff are unable to
meet individual special needs.
Passengers aged 7 days to 23
months inclusive are categorised as infants and may travel free of charge with
Chathams Pacific when accompanied by an adult passenger. Infants travelling
free of charge must not occupy a seat. If a seat is required, a child fare will
apply to the travel. All infants must be more than 7 days old to travel with
These Conditions shall be governed by and interpreted
in all respects in accordance with Tongan law and subject to the jurisdiction
of the Tongan courts.
you require clarification on any of the above points please feel free to
contact Chathams Pacific.
20th April 2008