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As you read these conditions, please note that "we", "our", "ourselves", "us" and "Primera Air" all mean Primera Air; "you", "your" and "yourself" refer to any person holding a Ticket who is carried or will be carried on-board our aircraft, except members of the crew  (see also definition of "Passenger").

Agreed Stopping Places
means those places (except the place of departure and the place of destination) set out in your Ticket or shown in our timetables as scheduled stopping places on your route.
Airline Designator Code
means the two or three characters (letters or numbers) that identify particular air carriers. Primera Air uses codes PF and PRI.
Authorised Agent
means an agent or travel agent who has been appointed by us to represent us in the sale of air transport on our services.
Baggage
means your personal property accompanying you in connection with your trip. Unless otherwise stated, it consists of both your Checked Baggage and Unchecked Baggage.
Baggage Check
means those portions of your Ticket that relate to the carriage of your Checked Baggage.
Baggage Identification Tag
means a document issued solely for identification of your Checked Baggage, the baggage tag portion is attached to your Checked Baggage and the identification/claim portion is given to you.
Carrier
means an air carrier other than us whose airline designator code appears on your Ticket or on a Conjunction Ticket.
Charterer
means any person on whose behalf we perform carriage by air pursuant to an air charter or aircraft wet lease, including a tour operator or other air carrier.
Checked Baggage
means Baggage of which we take custody and for which we have issued a Baggage Identification Tag or Baggage Check or both.
Check-in Deadline
means the time limit set by us or by our Authorised Agent by which you must have completed check-in formalities and received your boarding pass.
Conditions of Carriage
means the conditions as set out in this document.
Conjunction Ticket
means a ticket issued to you in relation to another ticket which together constitute a single contract of carriage.
Convention
means whichever of the following instruments are applicable (and as any of the same may be amended or supplemented from time to time):
  • The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed int Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention)
  • The Warsaw Convention as amended at The Hague on 28 September 1955
  • The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975)
  • The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975)
  • The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975)
  • The Guadalajara Supplementary Convention (1961) (Guadalajara)
  • The Montreal Convention (1999)

Council Regulation No 2027/97 on air carrier liability in the event of accidents

Coupon
means both a paper Flight Coupon or an Electronic Coupon, either of which entitles the named passenger to travel on the particular flight identified on it.
Damage
includes death or bodily injury to a Passenger, or loss, partial loss, theft or damage to Baggage, arising out of or in connection with carriage or other services performedby us.
Electronic Coupon
means an electronic flight coupon or other value document held on our database.
Electronic Ticket
means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.
Flight Coupon
means that portion of the Ticket that bears the notation "good for passage," or the Electronic Ticket, and indicates the particular places between which you are entitled to be carried.
Itinerary/Receipt
means a document or documents issued by us or on our behalf to Passengers travelling on Electronic Tickets that contains the Passenger's name, flight information and notices.
Passenger
means every person, except members of the crew, carried or to be carried on one of our aircraft pursuant to a Ticket.
(See also definition for "you", "your" and "yourself" at the start of this section).
Passenger Coupon or Passenger Receipt
means that portion of the Ticket issued by us or on our behalf that ultimately is to be retained by you as confirmation of the details of your journey.
SDR
means a Special Drawing Right as defined by the International Monetary Fund.
Stopover
means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
Tariff
means the published fares, charges and related conditions of carriage of an airline which have, where required, been filed with the appropriate authorities.
Ticket
means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or our Authorised Agent.
Unchecked Baggage
means any of your Baggage other than your Checked Baggage.
Website
means website of Primera Air, the address of which is www.primeraair.com

§ 2.1
Except as provided in Articles 2.3 and 2.4, these Conditions of Carriage will apply to all flights we operate and to any case where we have a legal liability to you in relation to your flight.

§ 2.2
Where carriage is performed by us on behalf of a Charterer these Conditions of Carriage apply to you when they are incorporated by reference in your Ticket or in your agreement with the Charterer. In order to avoid any doubt in the case of flights operated by us on behalf of a Charterer, we are not bound by any provision contained in their agreement with you which extends beyond these Conditions of Carriage.

§ 2.3
These Conditions of Carriage are applicable unless they are inconsistent with applicable law, in which event such law will prevail in respect of our liability. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions will nevertheless remain valid.

§ 2.4
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we or our Authorised Agents or the Charterer (if applicable) may publish in respect of flights operated by us, dealing with particular subjects, these Conditions of Carriage will prevail in respect of our liability to you.

§ 2.5
These Conditions of Carriage may, from time to time, be subject to change. In the event of any claim being made, the Conditions of Carriage applicable at the time your contract with us or with our Authorised Agent or the Charterer (if applicable) was entered into will govern that claim.

Please refer to the terms of the appropriate Authorised Agent or the Charterer.

§ 3.1
We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification to demonstrate that you are the named Passenger.

Please refer to the terms of the appropriate Authorised Agent or the Charterer.

§ 5.1
Specific seats aboard the aircraft will be allocated on arrival at check-in prior to the flight. Whilst we will endeavour to honour advance seating requests where there are special needs, we cannot guarantee that these will be met and reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational or safety reasons.

§ 6.1
Check-in Deadlines are different at every airport and you should familiarise yourself with these Check-in Deadlines and must comply with them. We reserve the right to release your seat on the aircraft if you have not checked in by the Check-in Deadline. Our Authorised Agents or the Charterer (if applicable) will advise you of the Check-in Deadline for your first flight with us. For any subsequent flights in your journey, you should acquaint yourself with the Check-in Deadlines.

§ 6.2
You must be present at the boarding gate not later than the time specified by us when you check in. Should you fail to do so, we reserve the right to release your seat on the aircraft and remove your Baggage from it and depart without you.

§ 6.3
We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.

§ 7.1
In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. We may also refuse to carry you or your Baggage if one or more of the following have occurred or we, our servants or agents, reasonably believe may occur:

  • such action is necessary for reasons of security;
  • such action is necessary in order to comply with any applicable government laws, regulations, or orders;
  • the carriage of you or your Baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew;
  • your mental or physical state or behaviour, including any impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;
  • you are, or we reasonably believe you are, in unlawful possession of drugs;
  • you fail to comply with the reasonable instructions of ground staff or a member of the crew;
  • you act in a threatening, abusive, insulting or disorderly manner (verbally or physically) towards any member of ground staff, a member of the crew or a member of the public;
  • you have made a hoax bomb threat or committed a criminal offence during check-in, boarding or whilst aboard the aircraft;
  • you have committed misconduct on a previous flight;
  • you have refused to submit to a security check of either your person or your Baggage;
  • you present a Ticket that has been acquired unlawfully, has been purchased from an entity other than us or our Authorised Agent or the Charterer (if applicable), or has been reported as being lost or stolen, is a counterfeit, or you cannot prove that you are the person named in the Ticket;
  • you present a Ticket which has been issued or altered in any way, other than by us or our Authorised Agent or the Charterer (if applicable) , or the Ticket is damaged or defaced;
  • you fail to observe our instructions with respect to safety or security.

§ 7.2
Acceptance for carriage of young persons unaccompanied by a responsible adult, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have and have been accepted by us will not subsequently be refused carriage on the basis of such disability or special requirements. Guidelines on the acceptance of special assistance passengers can be found on our Website.

§ 7.3
Where we accept young persons unaccompanied by a responsible adult for travel on our services, the parent or guardian legally responsible for the young person agrees to hold us harmless from any liability arising from the carriage of that young person by us except as provided for in Article 15 of these Conditions of Carriage.

§ 8.1
You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us via our Website or at any of our offices or from our Authorised Agents.

§ 8.2
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us via our Website or at any of our offices or from our Authorised Agents.

§ 8.3 You may not include in your Baggage:

  • items which do not constitute Baggage as defined in Article 1 of these Conditions of Carriage;
  • items which are likely to endanger the aircraft or persons or property on board the aircraft, such as, but not limited to, flammable materials, radioactive or oxidising agents, fireworks or explosives, and all items specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations. Full details of such items can be found on our website;
  • items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
  • items which are reasonably considered by us to be unsuitable for carriage by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available on our Website or upon request from any of our offices or from our Authorised Agents;
  • firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage with our prior agreement and subject to the specific conditions for firearms and ammunition contained on our Website or available at any of our offices;
  • weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage at our discretion, but will not be permitted in the cabin of the aircraft under any circumstances;
  • human remains; or
  • any other items which we may deem to be a hazard to the aircraft or its occupants or to the safety and security of the flight in general.

§ 8.4
We assume no liability for fragile valuables or perishable artices, including cash, jewellery, precious metals, negotiable bonds or papers, deeds, securities or other valuables, business documents, passports and other identification documents or samples; wet clothing or other wet items that my coerce damage to other content in your luggage; any item of a fragile or brittle nature (e.g. glassware, optical); electrical or electronic components (e.g. computers, audio, photo equipment, personal electronic devices); food or any other perishable items; any item that has insufficient packaging (e.g. surfboard, windsurfer, skis, bicycle, baby chart, trolleys); any container and bottles containing fluids or creams; any item that is strapped to the outside of a bag and subsequently is lost or damaged; any item that is taken inside the cabin by passenger; any consequential loss arising out of a loss, mishandling or damage to the passenger's baggage. Liability for loss, delay or damaged baggage is limited unless a higher value is declared in advance and additional charges are paid. Excess valuation may not be declared on certain types of articles.

§ 8.5
If, despite being prohibited, any items referred to in 8.3 and 8.4 are included in your Baggage, we shall not be responsible for any loss or damage to such items and you agree to indemnify us against any claims or actions arising from carriage of prohibited articles in your Baggage.

§ 8.6
We will refuse to carry as Baggage the items described in 8.3 and 8.4, and we may refuse further carriage of any such items upon discovery. We may also refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety, security or operational reasons, or the comfort of other passengers. Information about unacceptable items is available on our website or at any of our offices.

§ 8.7
We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers.

§ 8.8
For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in 8.3 or 8.4 or any firearms, ammunition or weapons, which have not been presented to us in accordance with our requirements. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a scan causes damage to you or an x-ray or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence.

§ 8.9
Checked Baggage must have your name or other personal identification affixed to it. Upon delivery to us of your Baggage that you wish to check we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage. Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.

§ 8.10
We specify maximum dimensions and weights for Baggage which you carry on to the aircraft. This information is available on our website or any of our offices. If your Baggage exceeds these limitations, or is considered unsafe for any reason, it must be carried as Checked Baggage subject to the provisions of 8.6.

§ 8.11
Subject to 8.9, you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should your Checked Baggage not be claimed within one month of the time it is made available, we may dispose of it without any liability to you.

§ 8.12
Only the bearer of the Baggage Check and Baggage Identification Tag, is entitled to take possession of the Checked Baggage. If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.

§ 8.13
You may not take any animals aboard the aircraft except with our prior written agreement.

§ 8.14 EU Baggage Liabilities
In the event of loss of or damage to luggage, Primera Air follows applicable national legislation, as well as Regulation (EC) 2027/97, of the European Council. Primera Air is responsible, in the event of destruction, loss, delay or damage of luggage up to the amount of 1000 Special Drawing Rights. The Passenger can contract a higher responsibility limit by making an excess value declaration, at the cost stipulated in the Annex. In terms of checked-in luggage, Primera Air will be responsible in all circumstances, while in terms of non-checked-in luggage, it will only be responsible for damage caused by its own fault. If the checked-in luggage has been damaged, delayed, lost or destroyed, the Passenger must inform Primera Air in writing as soon as possible in all circumstances, within seven (7) days in the case of damage, and twenty-one (21) in the case of loss. Such periods will be counted from the luggage availability date. If the airline operating the flight is not Primera Air, the Passenger may file the complaint or claim with either company.

§ 8.15 Excess Value Charges
Except as otherwise provided, passengers may declare a value in excess of 1.000,00 SDR in case of checked baggage, and USD 400,00 or its equivalent per passenger in the case of unchecked baggage or other property. When such declaration is made, charges for value in excess of the amounts specified above will be assessed by each carrier participating in the carriage at the rate of USD 0,15 per each 100,00 USD (15,0 %) or a fraction thereof. Exception: Such higher declared value shall not apply to money, jewelry, antiques, artifacts, manuscripts, irreplaceable books or publications, cameras or other photographic or movie equipment, and working papers, i.e., working files, studies, reference material, correspondence, theses, or other similar valuables when such valuables are included in baggage checked or otherwise delivered into the custody of the carrier.

§ 9.1
Our flight times shown in timetables, schedules, your Ticket or elsewhere are not guaranteed.

§ 9.2
We will however take all reasonable measures to carry you and your Baggage within a reasonable time of the departure time shown in your Ticket. In the exercise of these measures and in order to prevent substantial delays, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft. In that event, the provisions of these Conditions of Carriage shall apply to carriage on such alternative aircraft in respect of our liability.

§ 9.3
In the event of delays arising, we shall have no liability to arrange alternative transport for you to reach your destination in the event of missed connections to either another flight or a journey operated by any other mode of transport; nor to compensate you for additional costs or any losses incurred by you as a result of such delays. Delays can occur for a number of reasons, many of which are beyond our control. We therefore strongly recommend that you take out a travel insurance policy to provide financial protection against the consequences of delays.

§ 9.4
Without prejudice to the provisions of 9.3, we or our Authorised Agents may at our sole discretion provide welfare in the form of food and beverages (or vouchers which can be exchanged for food and beverages) during delays of over two hours; and in the event of overnight delays, hotel accommodation provided that this can be secured for all passengers booked to travel on the delayed flight within reasonable travelling distance of the airport of planned departure.

§ 9.5
If we are unable to carry you on a flight for which you hold a confirmed reservation and valid Ticket, we shall pay compensation to you in accordance with applicable law and our denied boarding compensation policy and arrange alternative transport for you at our cost. However, we shall have no further liability for consequential losses arising from our failure to carry you on the flight on which you were booked to travel.

§ 9.6
In the event of a flight being cancelled for any reason we shall have no liability to arrange alternative transport for you to reach your destination in the event of missed connections to either another flight or a journey by any other mode of transport, and we shall have no liability to compensate you for additional costs or any losses incurred by you as a result of such cancellations.

§ 9.7 EU compensation rules in case of Delays, cancelations and ticket overbooking
In the event the Passenger is affected by any of these eventualities, the regulations in this area will be applied, stipulated in Regulation 261/2004, dated 11 February 2004, summarised below: 

9.7.1 Indemnities
Except in a situation occurring as a consequence of adverse weather conditions, war, acts of terrorism, fortuitous circumstances, altercations, public demonstrations and any other alteration of public order, technical problems affecting the aircraft, delays and failures in air traffic control, fires, floods, earth movements, earthquakes, natural disasters, epidemics and other restrictions caused by a declaration of quarantine, actions derived from a competent authority, strikes and other employment disputes, failure in supply by suppliers or subcontractors and any other unusual circumstance that could not be avoided even if reasonable measures had been taken, Passengers are entitled to the following compensations in the event of ticket cancellation or overbooking: 
i. Up to 250 euros for flights up to 1,500 km; 
ii. Up to 400 euros for all intra-community flights of more than 1,500 km and for all other flights of between 1,500 and 3,500 km;
iii. Up to 600 euros for all flights not included in the above categories.
Primera Air is exempt from paying any compensation if the flight is cancelled with at least fifteen [15] days notice.

9.7.2 Measures governing refund and alternative transport
In cases of cancelation and refusal to board, Primera Air will offer passengers the following options: 
i. Refund within a period of seven (7) days of the full ticket cost at the price it was purchased, corresponding to the section or sections of the journey not flown and the section or sections flown if the passenger no longer has a reason for making the flight according to their initial plans. Likewise, if necessary, a return flight to the initial departure point will be offered as soon as possible; 
ii. Carriage to the final destination under comparable transportation conditions, as fast as possible; or 
iii. Carriage to the final destination under comparable transportation conditions, at a later date arranged by the passenger, depending on seat availability.
In the case of cities or regions where there are several airports, the Carrier, if offering a flight to another airport than the one for which the booking was made, will pay the Passenger's transportation costs either to the airport for which the booking was made, or to another nearby location arranged by the Passenger. 
Likewise, in the case of delay, when the delay is greater than five (5) hours, the Passenger can choose within a period of seven (7) days, a refund of the pending travel sections and those used (if the Passenger no longer needs to make the journey), as well as transportation to the initial departure point.

9.7.3 Delays and method of assistance
In case of delays, cancellation and overbooking Primera Air will provide assistance according to below.

Distance of flight      Length of delay          Assistance
Up to 1500km         more than 2 hours      meals and refreshments in relation to waiting time. Two free telephone calls, emails, telexes or faxes
1500km-3000km     more than 3 hours      meals and refreshments in relation to waiting time. Two free telephone calls, emails, telexes or faxes
Over 3500km          more than 4 hours      meals and refreshments in relation to waiting time. Two free telephone calls, emails, telexes or faxes
All flights                more than 5 hours       As above, plus reimbursement of ticket (if passenger decides not to travel)
All flights                Overnight and more than 5 hrs As above, plus reimbursement of ticket (if passenger decides not to travel)

Primera Air will also make available a document outlining the regulations regarding compensation and assistance, as well as data on the national organisation responsible for compliance with Regulation 261/2004. 

9.7.4 Flight detours or substitutions 
In the event it is necessary to detour the flight or substitute the aircraft, Primera Air undertakes to ensure, through its own efforts or via third parties, that the Passenger reaches the destination point to which the flight was originally headed. Primera Air will always inform Passengers of the identity of the Company operating the flight.

§ 10.1
You must apply to the Authorised Agent or Charterer from whom the Ticket was purchased if you wish to be considered for a refund for an unused portion of a Ticket valid for carriage on our flights, regardless of the reason for such application. The determination of whether any refund shall be made will be in accordance with your agreement with the Charterer (if applicable) or otherwise with our conditions as published on our Website or available at any of our offices.

§ 11.1
If, in the reasonable opinion of our employees, servants or agents, you conduct yourself aboard the aircraft in a manner so as to endanger the aircraft or any person or property on board; obstruct the crew in the performance of their duties; fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption; behave in a manner which causes discomfort, threat, insult, inconvenience, damage or injury to other passengers or the crew (verbally or physically), we may take such measures as we deem necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft.

§ 11.2
If, as a result of your unacceptable behaviour, we divert the aircraft to an unscheduled airport for the purposes of removing you from the aircraft, you must pay us the reasonable costs and consequential losses arising from that diversion.

§ 11.3
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to:

- mobile (cellular) telephones, laptop computers, portable recorders, portable radios, cassette and CD, DVD and MP3 players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies, video recorders, video cameras and game-boys.

Hearing aids and heart pacemakers and other implanted medical devices may be operated at all times

§ 12.1
If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transport or services (other than carriage by air) provided by a third party, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply. In order to avoid any doubt, the provisions of this clause apply to any onward transport arranged to convey you to the airport of intended landing following a diversion of the aircraft to an alternative airport for any reason.

§ 12.2
If we are also providing surface transport to you, other conditions will apply to that transport. Please ask our Authorised Agent or the Charterer (if applicable) for a copy of those conditions.

§ 13.1
You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit. We shall not be liable for the consequences resulting from any failure by you to obtain documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions. It is your responsibility to establish what travel documents and visas may be required for a journey prior to embarking upon it.

§ 13.2
Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies of them. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.

§ 13.3
If you are denied entry into any country, you will be responsible for paying any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand any amount so paid or expenditure so incurred.

§ 13.4
If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement; and we will not be liable to you for any damage you suffer in the course of any such inspection or because you are not present.

§ 13.5
You shall submit to any security checks by Governments, airport officials, Carriers or by us.

§ 14.1
Carriage to be performed by us and other Carriers under one Ticket or under a Conjunction Ticket is regarded as a single operation for the purposes of the Convention. However, your attention is drawn to 15.1.b).

§ 15.1
These Conditions of Carriage govern our liability to you, and the conditions of carriage of any Carrier involved in your journey govern that Carrier's respective liability to you. When applicable, the Convention governs and may limit the liability of air carriers, including us, in respect of Damage and delay. Save where the Convention otherwise provides, our liability to you in respect of Damage and delay is governed by and limited to the provisions of the Montreal Convention 1999, provided that the following conditions shall apply in any event:

We will be liable only for Damage occurring during carriage on flights or flight segments where our Airline Designator Code ("PF") appears in the carrier box of the Ticket for that flight or flight segment. If we issue a Ticket for carriage on another carrier, we do so only as agent for the other carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last carrier.

We are not liable for any Damage arising from our compliance with applicable laws or Government rules and regulations, or from your failure to comply with the same.

We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property.

We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.

The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as it applies to us. The total amount recoverable from us and from such Authorized Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.

§ 15.2
In respect of any claim for recoverable compensatory damages arising out of the death, wounding or other bodily injury of a Passenger in an accident taking place on board an aircraft (or in the course of any of the operations of embarking or disembarking) on a flight for which our name or Airline Designator Code appears in the carrier box of the Ticket; we will:

-not invoke the limitation of liability in Article 22(1) of the Convention or any similar limitation existing under applicable law;
-not avail ourselves of any defence under Article 20 of the Convention, or any similar defence existing under applicable law, with respect to that portion of the claim which does not exceed SDR 100,000;
-without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments to such person as may be required to meet immediate economic needs on a basis proportional to the hardship suffered (such amount not to be less than the equivalent of SDR 15,000 per Passenger in the event of death). Any such advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid by us, but is only returnable if the damage was caused by, or contributed to by, the negligence of the Passenger or of the person who received the payment, or if the person to whom the payment was made was not the person entitled to compensation;

...provided that we reserve all other defences available to us (whether under the Convention or otherwise) and all rights of recourse against any other person, including (without limitation) rights of contribution and indemnity.

§ 16.1
If you receive your Checked Baggage without complaint, this constitutes sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) Days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) Days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.

§ 16.2
Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The court of law where the case is heard will determine the method of calculating the period of limitation.

§ 17.1
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions as varied from time to time are important. They concern among other things: the carriage of unaccompanied minors, pregnant women, and sick passengers, restrictions on use of electronic devices and items, and the on board consumption of alcoholic beverages. Regulations and conditions concerning these matters are available from us upon request and on our Website.

§ 17.2
None of our servants, agents or employees is authorised to amend these Conditions of Carriage.

§18.1
The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.

§19.1
These Conditions of Carriage shall be governed by and construed in accordance with the laws of Denmark.

§20.1
PRIMERA AIR SCANDINAVIA A/S, A.P. MØLLERS ALLE 11, 2791 DRAGØR, DENMARK.