AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

Article 1 Definitions

ACCOMPANYING PASSENGER means a paying passenger of at least 15 years of age, who, in the Carriers reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular customer they are accompanying. AIRLINE DESIGNATOR CODE means the two characters or three letters which identify particular air carriers. AUTHORIZED AGENT means a passenger sales agent who has been appointed by Carrier to represent the same in the sale of air passenger transport on such services provided by Carrier. ANCILLARY SERVICES OR PRODUCT means any additional product or services extended which passenger may avail of in exchange for monetary or other values with respect to the air carriage service. "BAGGAGE" means the personal property accompanying a passenger in connection with his/her trip. Unless otherwise specified, it includes both the Checked and Unchecked Baggage of a passenger. "BAGGAGE CHECK" means a document issued to Passenger by the Carrier as a receipt for Checked Baggage and which relate to the carriage of Checked Baggage and includes the Baggage Identification Tag. "BAGGAGE IDENTIFICATION TAG" means a document issued by the Carrier solely for identification of Checked Baggage. BOARDING PASS is a set of information containing passenger details, flight details, boarding time and seat number. It also indicates the destination of the Passenger. Such information may be supplied and retrieved either by manual or electronic processes as determined and directed by the Carrier. BOOKING means the details which the Carrier or its Authorized Agent has entered in the Carriers system relating to a journey to be made by a Passenger. BOOKING REFERENCE means the reference issued by the Carrier or its Authorized Agent which identifies the Booking that a passenger has made with the Carrier. CABIN BAGGAGE is sometimes referred to as carry-on or unchecked baggage. It means any of the passengers baggage other than Checked Baggage. The Cabin Baggage is taken into the cabin of the aircraft with the passenger. "CHECKED BAGGAGE" is sometimes referred to as registered baggage. It means baggage which the carrier takes custody of and for which the carrier has issued a Baggage Identification Tag. "CARRIER" means Air Philippines Corporation (APC) known by its service brand name airphilexpress, that will carry or undertake to carry the Passenger and/or his or her Baggage under a Ticket issued by it, APC functions as a low cost point-to-point airline. CONVENTION means whichever of the following: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention); the Warsaw Convention as amended at The Hague on 28 September 1955; the Warsaw Convention as amended at the Hague and by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Supplementary Convention (1961); the Convention for the Unification of

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention); any other applicable protocols or conventions and any enabling legislation. DAMAGE includes death, injury, delay, loss, partial 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 all seven days of the week; 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 is commenced, shall not be counted. "DOMESTIC TICKETS" means Tickets with purely Philippine domestic itinerary. ELECTRONIC TICKET" (E-TICKET) means the Itinerary issued by the Carrier or in its behalf and if applicable, a boarding document. "FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage" or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which the passenger is entitled to be carried. IDENTIFICATION means valid government issued identification which the Carrier will require passengers to produce to prove their identity at check-in or boarding if check-in is done via web. INTERNATIONAL CARRIAGE UNDER 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 transshipment, 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 UNDER THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL" 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 transshipment, 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. "ITINERARY RECEIPT" OR TRAVEL ITINERARY OR TICKET means the mainly printed document issued to Passenger that includes the Passenger's name, flight information, booking number, Conditions of Carriage and notices. INTERNATIONAL FLIGHT OR INTERNATIONAL CARRIAGE means travel between two or more countries including any flights within those countries where they are combined with any international flights. PASSENGERS WITH REDUCED MOBILITY refers to paraplegic or quadriplegic passengers. "PASSENGER"," YOU", "YOUR" AND "YOURSELF" means any person, except members of the crew, carried or to be carried in an aircraft with the Carriers consent. "ROUTE" means the flight from the airport at the point of origin to the airport at the point of destination.

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

"SEAT" means a seat in the Carriers aircraft. FEE OR CHARGE OR "TARIFF" means the Carriers fares and charges published electronically or on paper. UNACCOMPANIED MINOR means those children aged 8 to 12 years of age at the time of carriage may travel unaccompanied during flight provided they are accompanied by an adult and are properly endorsed to Carrier at check-in. Provided further, that the unaccompanied children, who are traveling unaccompanied, will have an assured pick-up at the point of destination. Any child below the age of 8 years shall not be carried without an accompanying adult. "WE", "OUR", "OURSELVES", "US" AND "CARRIER" means Air Philippines Corporation or airphilexpress. "WEBSITE" means the internet site www.airphilexpress.com provided by the Carrier for the purpose of passengers making online bookings and to access information about airphilexpress.

Article 2 Applicability

General: These Conditions are the Conditions of Carriage referred to in our Passenger Ticket and Baggage Check and except as provided in cases of gratuitous or reduced fare carriage, charters and overriding laws, as well as in applicable international treaties and Conventions and unless otherwise expressly stated, these Conditions of Carriage apply to both international and domestic carriage by air of Passenger and baggage, including services incidental thereto, performed by us for compensation or reward.

Language: The language of these Conditions of Carriage is English and while there may be translations of the same in other languages, English shall be the sole language used in the interpretation of these Conditions.

2.1 Gratuitous or reduced fare carriage These Conditions also apply to gratuitous or reduced fare carriage except to the extent that we have provided otherwise.

2.2 Basis of carriage The carriage of a Passenger on any flight by us is, without exception, subject to: a. b. these Conditions of Carriage as set out in your Itinerary receipt; Booking;

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c. d. e.

Philippine laws, any International Convention or other laws of originating countries to the extent that it may be applicableto the journey in question; any specific directions given to a Passenger in writing by us;, and the applicable fare rules or Loyalty Program redemption rules, as applicable.

2.3 Overriding law To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention as defined herein, where applicable, and/or any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision (s) shall not apply. The invalidity of any provision shall not affect the validity of any other provision.

2.4 Read Down If any of these Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions of Carriage and the other conditions will remain valid.

2.5 Cannot vary No employee or other person is authorized to vary any of these Conditions of Carriage. However, these Conditions are subject to change without notice with the approval of the Philippine Civil Aeronautics Board (PCAB), provided that no such change shall after a ticket has been issued by us.

2.6 Conditions prevail over special procedures If any of these Conditions of Carriage is inconsistent with any special procedures we may have, these Conditions of Carriage will prevail to the extent of the inconsistency.

2.7 Code Shares On some services we may have commercial arrangements with other Carriers known as "code shares". This means that even if you have a reservation with us and hold a ticket where our name or Airline Designator Code is indicated as the Carrier, another Carrier may operate the aircraft. If such arrangements apply we will advise you of the Carrier operating the aircraft at the time of booking. We operate as a low cost point-to-point carrier. We will facilitate check in and baggage handling only from one point to another. We shall not be responsible in any way for connecting flight arrangements, such as schedule changes, check in facilitation, meal or baggage handling, etc. It is purely the passenger's responsibility to allot enough time and acquire adequate information in planning your trip itinerary should you have connecting flights.

2.8 Charter operations

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

If carriage is performed by us under a charter agreement, these Conditions of Carriage apply except to the extent that we have provided otherwise.

2.9 Additional services or other forms of transportation (a) 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 transportation or services (other than carriage by air) provided by a third party, such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply. (b) If we are also providing surface transportation to you, other conditions may apply to such surface transportation. Such conditions are available from us upon request.

2.10 Preparing to travel You alone are responsible for making all necessary arrangements for your travel and ensuring that you comply with all laws, regulations and orders of the places you will travel to, such as: a. b. c. d. finding out from relevant consulates whether you need a passport, visa or other travel document, health document or evidence of onward travel; obtaining those documents; obtaining inoculations; and finding out about dangers to your health and safety at your destination (see 3.2).

If we provide assistance for any of the above aspects of your travel, this does not release you of your responsibility in respect of these matters.

2.11 Destination - Passenger enquiries As you are traveling internationally or domestically, you should enquire about any local issues and conditions at your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination. Travel advice can be obtained from various sources, including local governments, local consular offices, travel advisories issued by other countries to their citizens, and the website of the philtourism.com.

2.12 Travel Insurance Because travel involves many risks, and our liability to you is limited, it is recommended that you purchase travel insurance. See Worry-Free travel insurance.

2.13 Health 2.13.1 We may refuse to carry you if we are not completely satisfied that it is safe for you to fly. Before you make a reservation you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly. You must inform us if you:

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

a. b.

c.

d.

suffer from any disease which is or you believe may be actively contagious and communicable; have, because of a disease or any incapacitation, any unusual behavior or physical condition, which could have an adverse effect on the welfare and comfort of other Passengers or crew members; could pose a potential hazard to the safety of the flight or its punctuality (e.g. if there is a possibility that the flight might need to be diverted or require an unscheduled landing because of your condition); or would require medical attention and/or special equipment to maintain your health during the flight.

In all instances, we reserve the right to determine if a passenger with a medical condition is fit to fly. We cannot provide any advice on your fitness to fly. If you propose to travel with a known, pre-existing medical condition, you should do so only on the written advice of your own medical doctor or health professional. 2.13.2 Deep vein thrombosis (DVT) Some studies have concluded that prolonged immobility may be a risk factor in the formation of blood clots in the legs (DVT - Deep Vein Thrombosis). If you feel you may be at risk from DVT or other health problems Airphil Express recommends you consult with your doctor before travel. 2.13.3 Pregnancy If you are pregnant: You are required to advise us of the progress of your pregnancy at the time of booking and again at the check-in counter. We reserve the right to refuse you carriage should you fail to advise us that you are pregnant.
a. Pregnancy up to 25 weeks (inclusive): We will accept without a doctor's certificate subject to the passenger signing a Expectant Mothers Information Sheet (EMIS).

b.

Pregnancy between 26 weeks to 32 weeks (inclusive): You shall submit a doctor's certificate confirming the number of weeks of pregnancy and that you are fit to travel. The said certificate shall have been issued not more than seven (7) days before the scheduled flight departure date. You will be required to sign a EMIS.

c.

Pregnancy 33 weeks and above: We will refuse carriage.

Article 3 Tickets/Itinerary

3.1 Prima Facie Evidence of Contract: The Itinerary Receipt is prima facie evidence of the contract for carriage between passenger and us. The Itinerary and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us.

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3.2 Transferability: The contract for carriage is only transferable as provided in these Conditions of Carriage. 3.3 Validity: The Itinerary is only valid for the Passenger named and the flight specified therein. Note: We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to produce appropriate identification as defined herein at check-in or upon boarding if check-in is done via web.

Article 4 Bookings / Fares

4. BOOKINGS 4.1 When is a Booking made? A Booking for a flight is made when recorded as accepted and confirmed by us or an Authorized Agent. Upon your request, we or an Authorized Agent will give you written confirmation of your Booking. However, you may not board that flight without having paid the relevant fare and obtaining a boarding pass by checking-in and presenting your passport (for international travel) and other necessary travel documentation.

4.2 General: Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination. Fares exclude ground transport services between airports and town terminals unless otherwise specifically stated by us. We are strictly a point-to-point carrier and shall not be responsible to you for any connecting flights. We shall not be liable to you for your failure to meet any connecting flights regardless of the cause. 4.3 Infants: The fees for infants under the age of two (2) years but above sixteen (16) days old on the date of travel are provided for in the Fee Schedule . An infant may travel provided he sits on an adult's lap. Only one (1) infant is allowed for one (1) adult. No strollers or prams are allowed in the cabin of the aircraft. 4.4 Government Taxes, Charges and Insurance Surcharge: Any government taxes, charges or insurance surcharge imposed on air travel by the Government, relevant authority or the airport operator in respect of your use of any of our services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such government taxes, charges and insurance surcharge imposed on air travel may change from time to time and can be imposed even after the date that your booking has been confirmed. You shall nevertheless bear such government taxes, charges or insurance surcharge as and when they fall due prior to departure. 4.5 Currency:

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us. 4.6 Accuracy: All fares, prices, flight schedules, routes published, pre-booked products and services are correct at the time of publication and or booking and are subject to change at any time and from time to time without prior notice. 4.7 Applicable Fares: Applicable fares are those published by us or in our behalf, whether electronically or by way of other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated by us.

4.8 Non-refundable fares Some fares types are non-refundable. Please refer to the applicable fare rules for more information. The Fee Schedule shall indicate which fare classes are refundable and which are non-refundable.

Article 5 Bookings of Seats

5.1 Confirmation of Booking: The booking of a Seat is confirmed after full payment of the fare is made and after a booking reference and/or the Itinerary is issued to you. 5.2 Group Bookings: These are governed by specific terms that vary from time to time. Please contact us for further details. 5.3 Flight Change: Once a booking number has been issued, flight changes are subject to the following terms:

Inside of twenty-four (24) hours prior to the scheduled flight departure time, no changes are allowed. The charges for flight change outside of twenty-four (24) hours prior to the scheduled flight departure time are provided for in the Fee Schedule , subject to the following conditions: a. b. if a lower fare is available, the difference in fares will NOT be refunded to the passenger; if the new flight booked is in a higher fare class than that of the canceled booked flight, the difference in fares shall be paid by the passenger before the cancellation or change can be made; the change is not confirmed until we issue you or you print a new Itinerary and/or booking number; changes on route(s) are not allowed.

c. d.

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

5.4 Name Change: Once a booking number has been issued, you are NOT allowed to substitute the passenger named in the confirmed booking with another passenger name.

5.5 Payment: Fares must be paid in full when a booking is made (referred to as Book-and-Buy). In the event that the fare has not been paid in full for any reason whatsoever, we reserve the right to cancel the booking prior to check-in.

Payment must be made for: a. b. the applicable fare; and any other applicable administration fees, service charges or taxes, and other charges unless specifically advised by us.

If the payment for your ticket was made with a credit card that is not your own, a photocopy of that credit card , duly signed and endorsed by the card owner, shall need to be presented upon check in.

5.6 Personal Data: You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents, government agencies, or the providers of the services mentioned above. You may opt to have your information removed from our database at any time by emailing a request to us.

5.7 Seating: We do not guarantee to provide any particular seat in the aircraft and you agree to accept any seat that may be allotted or is otherwise made available on the flight. You will be allocated a seat upon check-in. We reserve the right to re-assign seats at any time, including after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, and health or security reasons. 5.8 Reserved Seating Service: Subject to availability you may pay a fee for a reserved seating at the time of reservation or up to 24 hours prior to the scheduled time of departure for an advance seat assignment. Please refer to our fee schedule for the rates. Where a selected seat is purchased, we reserve our right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons. We do not guarantee any specific seat reassignments,

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

whether for an aisle, window, exit row, or other type of seat. We will, however, make all reasonable efforts to honor paid seat assignments.

If at any time after successfully purchasing a reserved seat and our schedules are changed, terminated, delayed or merged due to circumstances which we reasonably consider to be beyond our control or for commercial reasons or reasons of safety, we shall at our option, either: a. b. c. reassign you, at our sole discretion, a seat of equivalent value on the same flight carry you on the same reserved seat on the next available flight; or carry you on an reserved seat of equivalent value on the next available flight; or

The options outlined in this Article 5.8 are the sole and exclusive remedies available to you and we shall have no further liability to you.

5.9 In-flight products: The provision of in-flight products, services or advertised programmes is subject to availability. In-flight products or services are non-refundable and non-transferable once purchased. We do not accept any bookings or changes to in-flight products or services within 24 hours from the scheduled flight departure time. We reserve the right, without prior notice, to amend/change the prices or substitute any component for in-flight products or services. The itinerary receipt is proof of purchase of your pre-booked in-flight products or services and must be presented to the cabin crew onboard to redeem the pre-booked in-flight products or services. All prices and/or savings quoted for your in-flight pre-booked products or services are correct at the time of booking. 5.10 Meals: Meal selections are subject to variation from time to time and are subject to availability. Food may contain nuts, dairy and/or gluten and or seafood. We do not accept any bookings or changes to your meal selections within 48 hours from the scheduled [for meals arranged before the flight] flight departure time. We reserve the right, without prior notice, to amend/change the prices for pre-booked meals, substitute any component of the pre-booked meal with an item of similar value subject to availability and/or aircraft suitability. The itinerary receipt is proof of purchase of your pre-booked meal and must be presented to the cabin crew onboard to redeem your pre-booked meal. All prices and/or savings quoted from your pre-booked meals are correct at the time of booking. You may at anytime purchase meals, snacks or drinks as available on board the aircraft.
Article 6 Check-in and Other Requirements of Carriage

6.1 Check-In, Deadlines and Conditions: Our check-in counters are open two (2) hours before the scheduled flight departure time. The counters close forty-five (45) minutes before the scheduled flight departure time*. It is your responsibility to ensure that you comply with these deadlines particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these Terms & Conditions governing the right of refusal of carriage, we reserve the right not to allow you to check in without any liability to you and without having to refund to you any fare paid:

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

a. b. c. d. e. f. g. h.

if you attempt to check in inside forty-five (45) minutes* before your scheduled flight departure time; if you fail to have proper identification as defined herein or fail to identify yourself to our staff; if you fail to have the proper documents such as passports or travel cards, permits, visa, necessary for travel to a particular place or country; if you have not fully paid any fare or other fees or charges due to us; if you have been violent to our staff or caused disturbance at our counter or have abused our staff whether physically or verbally; if the Government or other authorities prohibits your checking in or boarding the aircraft; if in our judgment, you are not fit to travel due to inebriation ie., intoxication or other substance abuse, or any obvious adverse medical condition; and/or if in our judgment, you are not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other passengers. 6.2 Self Check-in: We may offer a self check-in facility for selected flights. The facility is subject to specific requirements which may be viewed in detail on our website under Self Check-in. 6.3 Overbookings: There is a chance a seat may not be available for you on your flight even if your booking is confirmed. This is due to the common practice in the airline industry of overbooking. In the event of such unavailability of seat, we shall at our option, either:

a. b.

carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your booking; or should you choose to travel at another time, retain the value of your fare in an electronic or paper voucher for your future travel subject to the terms and conditions of such booking; or Refund to you the full value of your fare. 6.4 Sole remedies: The options outlined in Article 6.1.3 (a) to (c) are the sole and exclusive remedies available to you and we shall have no further liability to you. 6.5 Boarding: You must be at the boarding gate at least thirty (30) minutes before the scheduled flight departure time. 6.6 No-show: If you fail to check in on time or fail to board the aircraft by the time the aircraft departs, the fare you paid will not be refunded to you for any reason whatsoever. Your ticket shall be forfeited. 6.7 Compliance: You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our Terms & Conditions, notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions. 6.8 Travel Documents: You are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities all entry and exit, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. We reserve

c.

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements. Documents Advisory

6.9 Domestic Routes: Passengers are required to produce proper identification as defined herein for all domestic flights. Copies of childrens birth certificates or identity cards are required before they are allowed to board.

6.10 Refusal of Entry: You agree to pay the applicable fare and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund the fare to you. 6.11 Passenger Responsible for Fines, Detention Costs, etc.: If we are required to pay or deposit 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 flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession. 6.12 Security Inspections: You shall submit to any security or health checks by Government or airport officials or by us.
Article 7 Refusal and Limitation of Carriage

7.1 Right to refuse carriage: We may refuse carriage of you or your baggage for reasons of safety or if, in the exercise of our reasonable discretion, we determine that: a. b. c. such action is necessary for reasons of safety or security; such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over; your conduct, status, age or mental or physical condition or the physical condition of your baggage is such: (i) as to cause reasonable fear of harm, to other passengers or to our crew; or (ii) that you may pose a hazard or risk to yourself, other persons or to property; you have previously committed acts of misconduct and have been deplaned or escorted by law enforcers/authority or denied boarding on a previous flight and there is a reasonable likelihood that such conduct may be repeated; you have not followed, or are likely to fail to observe our instructions; you have refused to submit your baggage to mandatory inspection to a security check; the applicable fare or any charges or taxes payable have not been paid; the payment of your fare is fraudulent; the booking of our Seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by us; the credit card by which you paid for the fare has been reported lost or stolen; the Itinerary or booking or Electronic Ticket is counterfeit or fraudulently obtained;

d.

e. f. g. h. i. j. k.

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the Itinerary has been altered by anyone other than us or our authorized agent, or has been mutilated (in which case we reserve the right to retain such documentation); and/or m. the person checking in or boarding cannot prove that he is the person named as the passenger on the Itinerary (we reserve the right to retain such Itinerary in this circumstance) n. if carrying you will break government laws, regulations, orders or an immigration direction from a country to which you are traveling or are to depart from; o. if you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your travel documents during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested; p. other analogous circumstances.

l.

7.2 Unaccompanied Child: Children below age 8 will not be accepted for carriage unless they are with an accompanying passenger. 7.3 Unaccompanied Minors: Children aged 8 to 12 years of age at the time of carriage may travel unaccompanied during flight provided they are accompanied by an adult and are properly endorsed to Carrier at check-in. Provided further, that the unaccompanied children, who are traveling unaccompanied, will have an assured pick-up at the point of destination. 7.4 Passengers with reduced mobility/medical condition: For safety reasons, we can carry only a maximum of 4 passengers per flight who have reduced mobility provided that quadriplegic passengers are limited to not more than 2 per flight. Under certain circumstances we may require the passenger to travel with a companion.(See7.6).

Passengers with illnesses or a medical condition are required to submit a medical certificate at check in confirming that they are fit to fly. We reserve the right to determine your fitness to fly. For the safety of other passengers, we reserve the right to deny boarding to passengers suffering from infectious, contagious or chronic diseases. 7.5 Passengers Requiring Special Assistance Passengers with specific requirements requiring special assistance and passengers with illnesses including those who are mentally-ill are requested to contact our call center at least 48 hours before the scheduled flight departure date to make a prior arrangement with us for the type of special assistance required. Failure to notify us will result in the service being unavailable upon your arrival at the airport and you being refused carriage. For health and safety reasons passengers with specific requirements must check-in at the airport.

7.6 Travel with a companion: We may require that you travel with a companion if:it is essential for safety; or a. b. the passenger is unable to assist in his own evacuation from the aircraft; or the passenger is unable to understand safety instructions

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c.

Carriage of Wheelchairs - Your fully collapsible manual wheelchair may be carried in the hold at no extra charge. Carriage of wheelchairs shall be subject to such other requirements as we may implement from time to time.

In all instances, the carrier reserves the right to determine if a passenger with a medical condition is fit to fly. 7.7 Seating: We will make reasonable seating accommodations for Passengers with specific requirements in accordance with applicable laws. We reserve the right to re-assign seats at any time, including after boarding of the aircraft. This may be necessary for operational, safety, government regulatory, and health or security reasons

7.8 Children and Infants less than 16 days old: We will not carry infants less than sixteen (16) days old.. a. (Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if traveling unaccompanied. Under no circumstances will a child below the age of 7 years and 11 months be accepted for carriage unless traveling with an Accompanying Passenger. An infant under the age of two (2) years at the date of travel may be carried for a fee provided the infant is accommodated in the lap of an Accompanying Passenger. Only one infant is permitted per Accompanying Passenger. We reserve the right not to carry infants less than sixteen (16) days old. No collapsible prams or strollers are permitted in the aircraft cabin. Passengers are required to bring their own baby food and baby nappies, as these are not available on board. For infants not requiring their own seat, proof of age (under 2), is required at check-in (ie passport check). If you need to use these special services you must make your Booking through the airphilexpress Call Center .

b.

c. d.

Article 8 Baggage

8.1 Baggage allowance You may carry some Baggage free of charge provided you comply with our Baggage requirements which are set out below. Cabin Baggage: Each passenger (except infants not occupying an aircraft seat) is permitted 1 item of Cabin Baggage and 1 other small item (e.g. laptop, handbag, small suit-pack etc). Dimensions of the main item must not exceed 56cm (width) + 36cm (height) + 23cm (depth) or 45 linear inches. a. b. c. If the small item is a suit-pack, then it must be non-rigid and unfolded, and the dimensions must not exceed 60cm (width) + 114cm (height) + 11cm (depth). Total weight of all Cabin Baggage must not exceed 7kg. Each piece must be able to fit under the seat in front of you or fit in an enclosed storage compartment in the cabin of the aircraft.

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

d.

If any piece of baggage does not comply with any of these conditions, it must be checked in to the aircraft hold.

8.2 Checked Baggage: Cabin Baggage limits are strictly applied so passengers who have more Baggage than the applicable Cabin Baggage Allowance conditions and charges apply. Call airphilexpress Reservations or visit our website for more details.

Charge for excess baggage shall apply and shall be paid for accordingly upon check in. a. b. c. Passengers must ensure all baggage is packed appropriately before being presented at check in. No single item may exceed 15kg in weight for A330 aircraft and 10kg in weight for flights to and from Caticlan. Bulky items (maximum 1.9 meters), including but not limited to bicycles, surfboards, skis, golf clubs, snow boards, and cots, if appropriately packed, , subject to space and weight availability and shall be assessed with appropriate fees. Please see Schedule of Fees.

8.3 Items Unacceptable as Baggage or to be carried inside Baggage: We reserve the right to refuse carriage of such baggage or such items found in baggage as follows: a. b. Items which are not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling; Items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in our Terms & Conditions and Conditions of Contract; Items the carriage of which are prohibited by the applicable laws, regulations or orders of any state or country to be flown from, to or over; Items which in our reasonable opinion are unsuitable for carriage by reason of their weight, shape, smell, size, improper packing or character; Fragile or perishable items; Live or dead animals; Human or animal remains; Live Human Organs or tissues for transplant; (Please contact us to know our Special Handling Requirements) Fresh or frozen seafood or other meats provided that such items may be carried on board as checked luggage only if we are satisfied that they have been properly packed. Strictly only Styrofoam and/or cooler boxes that contain dry food/non-perishables are allowed to be checked-in after inspection of contents by relevant authorities. Should passengers refuse inspection, we have the right to reject admission of baggage; Weapons, Firearms and ammunition; Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills) refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents) flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium) corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches). Weapons such as antique firearms, swords, knives and similar items are prohibited on board. For these requirements, we recommend you contact a cargo agent or airphilexpress. 8.4 Valuable and Fragile Goods:

c. d. e. f. g. h. i.

j. k.

l.

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

Passengers are strongly advised not to check in such items as baggage. If they are checked in as baggage, passengers agree they send for carriage of such items at THEIR OWN RISK. Such items include money, jewelry, precious metals, silverware, electronic devices, computers, cameras, video equipment, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like at absolutely NO LIABILITY to airphilexpress. 8.5 Right to Search: For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage. We reserve the right to search your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any unacceptable or prohibited items. If you refuse to comply with such searches or scans we reserve the right to refuse carriage of you and your Baggage without refund of fare to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our fault or gross negligence. 8.6 Checked Baggage: Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. Checked Baggage will be carried on the same aircraft as you unless we decide for safety, security or operational reasons to carry it on an alternative flight. 8.7 Excess Baggage: Any passenger checking in baggage which exceeds the nominated amount or the amount purchased at time of booking will be charged on a per kg basis at the Airport Check-in counters. Please refer to our fee schedule for details on all rates. The fee is non-refundable and nontransferable. Please see our Schedule of Fees.

There is no baggage allowance for infants less than 2 years of age. Passengers may not use the unused Checked Baggage of other passengers unless travelling on the same Itinerary. Passenger booked in the same itinerary and does not travel may not transfer their unused Checked Baggage weight to the other passenger(s) in the same Itinerary. For health and safety reasons, we will not accept any individual item for check-in exceeding 32 kg and with combined dimensions of more than 81cm height, 119cm wide and 119cm depth. This weight limit does not apply to mobility equipment. Sporting equipment may be carried in the hold of the aircraft upon payment of the fee set out in the fee schedule and at your own risk. You are therefore, advised to purchase the necessary insurance for such items. Musical instrument which exceed our cabin baggage dimensions provided it is within 65 kg may be carried in the cabin if a seat for it has been purchased and the appropriate fare paid.

a. b.

Passengers who anticipate having bulky items or excess baggage should arrive at the airport to check in 2 hours prior to the scheduled departure time. We will carry at no charge in the hold a babys collapsible pram or stroller(if travelling with an infant, a fully collapsible wheelchair and/or a pair of crutches and/or a walking stick and/or other prosthetic device for you if you are dependent on them.

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

c.

Passengers purchasing an extra seat will be entitled to the standard checked baggage allowance(if applicable for that fare) but no additional cabin baggage

We may refuse to carry any piece of Baggage that does not comply with the our policy. Checked Baggage will, whenever possible, be carried on the same aircraft with you, unless we decide for safety, security or operational reasons to carry it on an alternative flight.

8.8 Cabin Baggage: Passengers (except infants) are allowed the following baggage: Only one (1) item of baggage is allowed to be carried on board provided that it does not exceed the dimensions of 56cm X 36cm X 23cm and provided that it does not weigh more than 7kg. Such baggage must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive weight or size or of an offensive nature will not be permitted on board. Subject to the prevalent applicable local laws and regulations passengers may take liquids on board in their hand luggage provided they meet the following restrictions: a. b. The liquid is in a container with a maximum volume of 100ml That all liquid containers meeting the maximum volume of 100ml each can be fitted comfortably into a transparent, re-sealable 1 liter plastic bag

The plastic bag should be presented separately at security. You may be required to dispose of liquids which do not meet the above requirements. As our liability is limited, we will not be liable for any inconvenience costs, expenses, loss or damage you suffer as a consequence of the item being damaged, delayed or lost if you have ignored our requirements and included the item/s as Checked Baggage, with or without our knowledge. Such items should be carried as Cabin Baggage, but you must still comply with all relevant weight and size limitations.

8.9 Restrictions on cabin baggage All Cabin Baggage must comply with all applicable size and weight restrictions. Passengers carrying hypodermic needles will need to declare them at the screening point. When possible, documentation or identification to confirm the passenger's medical condition should be submitted. Medication should have a professionally printed label identifying the medication or a manufacturers name or pharmaceutical label affixed. Please contact airphilexpress should you have a question. We do not accept any responsibility for items which we refuse to carry and which are not carried as Checked Baggage. We will not be responsible for, or have any liability in respect of, articles removed from your Baggage by airport security personnel acting in accordance with any applicable regulations. We shall not be responsible in the storage and safekeeping of medication brought or carried in the cabin.

Article 9 Schedules, Cancellations

9.1 Schedules:

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

We will use our best efforts to avoid delay in carrying you and your baggage. We will endeavor to adhere to published schedules in effect on the date of travel. However, times shown in timetables, schedules or elsewhere are subject to change at any time and from time to time and we shall not be liable in any way whatsoever for any loss incurred by passengers as a result of such change. 9.2 Cancellation, Changes of Schedules: At any time after a booking has been made we may change our schedules and/or cancel, terminate, divert, postpone reschedule or delay any flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of maintenance, safety or commercial reasons. In the event of such flight cancellation, we shall at our option, either: a. b. c. carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your booking; or should you choose to travel at another time, rebook you on a future flight waiving any applicable fees and charges. Provide you a full refund. 9.3 Late or canceled flights (due to uncontrollable circumstances) Where an uncontrollable circumstance is responsible for the delayed or cancelled flight, whether you have checked in or not, we will try to assist you to get to your destination, but will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation such as accommodations, meals, or other expenses of a personal nature. Uncontrollable circumstances include but are not limited to weather conditions at point of origin or en-route or other ports, industrial action caused by staff not directly employed by airphilexpress, air traffic control requirements/restrictions, or closure of runways. Sole remedies: Upon the occurrence of any of the events set out in Article 9.2, the options outlined in Article 9.2 (a) to (c) are the sole and exclusive remedies available to you and we shall have no further liability to you.

9.4 Denied Boarding Compensation a. We shall pay to Passengers holding confirmed reservation and who have presented themselves for carriage at the proper time and place and fully complied with our check-in and reconfirmation procedures and who are acceptable for carriage under the our Tariffs, but who have been denied boarding for unavailability of space, a compensation equivalent to the full value of your unused fare plus the amount of One Hundred Fifty Pesos (PHP150.00), Philippine Currency for domestic flights and for passengers on international flights, the full value of your unused fare but not to exceed One Thousand Five Hundred Pesos (PHP1,500.00) or its equivalent in foreign currency, plus Five Hundred Pesos (PHP500.00) or its equivalent in foreign currency. Where other amounts are prescribed by the government authorities of the country where boarding is denied by us as understood herein such other amounts shall apply. b. The compensation for denied boarding due to unavailability of space shall constitute liquidated damages for damages incurred by you.

c. The Passenger shall, in addition to the liquidated damages, have priority of booking for the next available flight using the same Ticket for which he was denied boarding provided, however, that, incapacitated Passengers, the elderly and unaccompanied minors shall have priority over other Passengers. . Exceptions of Eligibility:

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

You shall not be eligible for denied boarding compensation if:

a. the flight for which the Passenger holds confirmed reservations is unable to accommodate him because of: (1) government requisition of space; or (2) substitution of equipment of lesser capacity when required by operational and/or safety reasons and/or other causes beyond the control of the Carrier; b. the flight is cancelled due to operational and/or safety reasons, force majeure, weather, strikes, or other causes beyond the control of the Carrier; or c. the Carrier arranges for comparable air transportation or for other transportation which, at the time such arrangement is made, is scheduled to arrive at the place of the Passenger's next stop-over, or place of his destination not later than three hours from the scheduled arrival time on the flight where he holds a confirmed reservation.

Article 10 Conduct Aboard Aircraft

10.1 Obey directions To maximize passenger comfort, safety and security, you must comply with the following requirements, and all other directions of any crew member on your airphilexpress flight, when on board: a. b. c. d. e. f. stow Cabin Baggage under the seat in front of you or in the stowage bins; be cautious when you open stowage bins, since Cabin Baggage may move during flight keep your seatbelt fastened at all times when seated remain seated with your seatbelt securely fastened during turbulence stay seated as directed, in particular while the aircraft is moving on the tarmac do not operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, walkie-talkies, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests in this regard, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted. do not smoke (see 10.4) if you drink alcohol, drink only alcohol served on your airphilexpress flight as part of its inflight bar service. We prohibit the consumption of alcoholic beverage brought from outside the aircraft. We reserve the right not to serve alcoholic drinks of the situation so warrants. use infant restraints as directed, and do not behave in a manner to which other Passengers may reasonably object Passengers are not allowed to consume their own food on board.

g. h.

i. j. k.

10.2 Control of Passengers We will take all reasonable steps to maintain the comfort, safety and security of all Passengers. If necessary, we may restrain you or remove you from any flight anywhere, for example if you: a. conduct yourself so as to endanger the safety of the aircraft or any person or property on board b. obstruct, or refuse to comply with any direction of, any crew member c. behave in a manner to which other Passengers may reasonably object

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d. interfere with a crew member who is performing his or her duties aboard an aircraft e. tamper or interfere with the aircraft or its equipment f. if we offload you, you may be refused further carriage on airphilexpress and may be prosecuted for offenses committed on board the aircraft. 10.3 Diversion costs caused by unacceptable behavior If as a result of your behavior we divert the aircraft to an unscheduled destination and make you leave the aircraft, you must pay us the reasonable and proper costs of the diversion.

10.4 Smoking prohibited Smoking is not permitted on any aircraft.

ARTICLE 11 1111 After the Flight

11.1 Collect your Checked Baggage: You must collect your Checked Baggage as soon as it is available for collection. 11.2 If you cannot find your Checked Baggage: If you cannot find your Checked Baggage, produce your Baggage Identification Tag to us. Only the person to whom the Baggage Identification Tag was issued is entitled to collect that Baggage. 11.3 Release of Checked Baggage by us: If we have baggage you claim is yours but you do not have the Baggage Identification Tag, we will release it to you only if you: produce adequate proof of entitlement to it undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release, and comply with any other applicable directions given to you by us.

11.4 Disposal of Baggage by us: If you do not collect your Checked Baggage and you have not claimed it within 90 Days after your flight, we will use reasonable efforts to try to contact you if your baggage can be identified as belonging to you. If we cannot identify you or contact you, we may sell or otherwise dispose of it without notifying you and without liability on our part. We are not liable for any loss you may suffer if you leave Cabin Baggage on an aircraft when you disembark or if you leave any belongings in the airport terminal.

11.5 If you collect the wrong bag: If you pick up the wrong bag from the baggage carousel, it is your responsibility to immediately return the bag at your own cost to the baggage claims officer or airport manager at the airport where you collected it. 11.6 Customs Inspection: 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.

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

11.7 Refusal of Entry: If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us. 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 any required documents, you shall reimburse us on demand any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your ticket, or any of your funds in our possession.

REFUNDS 11.8 No refund Except where required by law, or specified in these Conditions of Carriage, no refunds will be given for partly used fares. However, some changes may be permitted to the Booking provided the requisite amount of notice is given (see Fee Schedule), and a charge may be payable. Otherwise failure to travel on a Booking will result in the fare being forfeited.

Article 12 Liability Limitations

If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention 1999 may be applicable and the Warsaw Convention or the Montreal Convention 1999 governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage. Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Liability for domestic travel and liability for international travel vary according to the respective law. LIMITS OF LIABILITY IN INTERNATIONAL CARRIAGE

(a) Carrier shall avail itself of the limitation of liability provided in the Convention. However, in accordance with Article 22 (1) of the Convention, Carrier and certain other carriers have agreed under the 1966 Montreal Inter-Carrier Agreement that as to all International Carriage by such Carriers to which the Convention applies and which according to the Contract of Carriage includes a point in the United States of America as a point of origin, a point of destination or agreed stopping place:

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

(1)

the limit of liability for each Passenger for death, wounding or other bodily injury shall be the sum of US$75,000.00 inclusive of legal fees and costs except that, in the case of a claim brought in a state where provision is made for a separate award for legal fees and costs, the limit shall be the sum of US$58,000.00 exclusive of legal fees and costs; such carriers shall not, with respect to any claim arising out of the death, wounding or other bodily injury of a Passenger, avail themselves of any defense under Article 20(1) of the Convention.

(2)

(b)

Nothing in the said Agreement shall be deemed to affect the rights and liabilities of such carriers with regard to any claim brought by, on behalf of, or in respect of, any person who has wilfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger

(c)

It is understood that each of such carriers has entered into the said Agreement solely on its own behalf and with respect to carriage performed by it and has not thereby imposed any liability on any other carrier with respect to the portion of the carriage performed by such other carrier or assumed any liability with respect to the portion of the carriage performed by such other carrier. Pursuant to Article 22 but subject to the provisions of Article 20 of the Warsaw Convention, Carrier agrees to apply US$75,000.00 or its equivalent, inclusive of legal fees and costs, as the limit of liability for Passengers death, wounding or bodily injury, for all International Carriage performed by Carrier, including carriage which is not International Carriage as defined in the Convention, for a journey which is not to, from or with an agreed stopping place in the United States of America.

(d)

LIMITS OF LIABILITY IN DOMESTIC CARRIAGE DOMESTIC CARRIAGE OF PERSONS

In the Domestic Carriage of persons, the liability of Carrier for death or injury of persons (including loss of earning capacity) attributable solely to the act, omission or negligence of Carrier and not due to any cause beyond the control of Carrier, shall not exceed the sum of Two Hundred Fifty Thousand Pesos (PHP250,000.00) Philippine Currency per passenger.

DOMESTIC CARRIAGE OF CHECKED BAGGAGE In the Domestic Carriage of Checked Baggage, the liability of the Carrier for loss, damage or delay of the Checked Baggage or of any object contained therein, attributable solely to the act, omission or negligence of the Carrier and not by any cause beyond its control, is limited to the sum of Forty Pesos (PHP40.00), Philippine Currency, per kilogram, unless the Passenger has declared a higher value at the time the Checked Baggage was handed over to the Carrier and has paid a supplementary sum therefore in accordance with Carrier's Tariffs.

DOMESTIC CARRIAGE OF UNCHECKED BAGGAGE In the case of Baggage or objects which the Passenger takes charge himself in domestic carriage, the liability of the Carrier for loss, damage or delay, in case such loss, damage or delay was caused by the act

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

or negligence of the Carrier and not by any cause beyond its control, is limited to Four Hundred Pesos (PHP400.00), Philippine Currency, per Passenger. Where Warsaw Convention is not applicable: Where your carriage is not subject to the liability rules of the Warsaw Convention, the following rules shall apply: a. b. c. Any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law. We will not be liable for Damage to Checked or Unchecked Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody. Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage and Unchecked Baggage shall be limited to amount as provided for in the Fee Schedule . If the weight of the Baggage is not recorded on the Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance for the class of carriage concerned. If in the case of Checked Baggage, a higher value is declared in writing pursuant to an excess valuation facility, our liability shall be limited to such higher declared value. We will not be 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. Except where other specific provision is made in these Terms & Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law. 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, include our property. We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Unchecked Baggage including but not limited to fragile or perishable items, items having a special value, such as money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, title deeds or samples. We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition. The contract of carriage including these Terms & Conditions and exclusions or limits of liability, applies to our authorized agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such authorized agents, servants, employees and representatives shall not exceed the amount of our own liability if any. Nothing in these Terms & Conditions of the Conditions of Contract shall waive any exclusion or limitation of our liability under the Warsaw Convention or any other applicable Convention or applicable laws unless otherwise expressly stated by us.

d. e.

f. g.

h. i.

j.

Article 13 Time Limitation on Claims and Actions

Notice of Claims: Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of arrival is 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

AIRPHIL EXPRESS CONDITIONS OF CARRIAGE

placed at your disposal. Every such notification must be in writing and posted or delivered to us within the above periods. Limitation of actions: Any right to damages shall be extinguished if an action is not brought against us within twelve (12) months of the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by law of the court where the case is heard. 14.1 Personal death or injury claims If you have a claim for personal injury or death , you or your personal representative should notify us in writing as soon as possible.
Article 14 Modification and Waiver

No agent, employee or representative of Carrier, by conduct, in writing or otherwise, has authority to alter, modify or waive any provision of these Conditions of Carriage.

Article 15 Topic Headings

Topic Headings are for ease of reference only and are not part of these Conditions of Carriage.

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