Terms and Conditions of the Air Transport Contrac
1. In this contract, “Ticket” shall mean this passenger and baggage ticket, and in case of an electronic ticket, as applicable, this itinerary, of which these terms and conditions form an integral part.
“Transport” shall bear the same meaning as “Carriage”.
“Air Carrier” shall mean all carriers, which transport, or undertake to transport, passengers or their baggage hereunder, or perform any other service ancillary to such transport.
The “Warsaw Convention” shall mean the Convention for the Unification of Certain Rules relating to International Carriage by Air, which was signed in Warsaw on the 12th of October 1929, or as amended in The Hague on the 28th of September 1955, as applicable.
The “Montreal Convention” is a Convention for the Unification of Certain Rules for International Carriage by Air, which was signed in Montreal on the 28th of May 1999 and adopted in Israel on the 20th of March 2011.
2. Transport according to this contract is subject to the rules and limitations regarding liability, as established in the Warsaw and/or Montreal conventions, except if such transport is not defined as “international transport”, as set forth in those conventions.
3. Where it does not contradict the above provisions, any transport and other services performed by any air carrier will be subject to: (1) the terms and conditions of this contract, (2) the applicable fares, (3) the terms and conditions for transport and the air carriers’ regulations relating thereto, which form an integral part hereof, except for transport between any location in the United States or Canada and any other location outside those countries, which will be subject to the applicable fares in those countries, and (4) these terms and conditions.
4. The name of the air carrier may appear on the ticket as an abbreviation, whereas its full name and its abbreviation shall appear on the itinerary and the schedules of such air carrier. The address of the air carrier shall be the airport of departure stated on the ticket, opposite the first abbreviation of the name of such air carrier. The stopover locations are the locations specified or indicated in the schedules of the air carrier as stopovers within the passenger’s itinerary. Transport which is due to be performed by several air carriers in sequence according hereto, shall be deemed as performed by a single air carrier.
5. An air carrier issuing a ticket for transport on the route of another air carrier is acting as the proxy of such other air carrier.
6. Any exemption from liability or limitation of liability which apply to the air carrier shall also apply to the proxies, employees and representatives of such air carrier and any entity which owns the aircraft used by the air carrier for the purpose of transport.
7. Checked baggage transported as international transport shall be delivered to the holder of the baggage ticket issued by the airline. In case of damage to baggage, a complaint must be filed with the air carrier immediately following the discovery of such damage, and no later than 7 days of the delivery of the baggage. In case of a delay on baggage delivery, a complaint must be filed within 21 days of the delivery of the baggage.
8. This ticket is valid for transport on the dates indicated thereon only, unless stated otherwise in case of a change of the time of the flight or the airline. The validity of the ticket is subject to the payment of the full consideration therefor. The air carrier may refuse transport if the applicable transport fee has not been paid. If this ticket was issued for a charter flight, it would be valid only for the specific flight for which it was issued.
9. The air carrier undertakes to make all efforts to transport the passengers and their baggage within a reasonable period of time. The air carrier does not guarantee the times indicated in the schedule or elsewhere, and such times do not constitute a part hereof. The air carrier has the right, if necessary, to amend the schedules, use substitute air carriers or aircraft, and if required, even change or omit any place of landing indicated in the ticket, without prior notice. The air carrier does not accept any liability for connecting transport.
10. Passengers are obliged to meet governmental travel requirements, produce the departure and entry documents and any other required document, and arrive at the airport at the time indicated by the air carrier, or if such time is not indicated, at a reasonable time to allow completion of all departure procedures.
11. No employee and/or agent and/or other representative of the air carrier has the authority to amend or waive any provisions of this contract, or any part thereof.
12. The air carrier shall not be liable for any damage resulting from a delay in the performance of the transport of passengers and/or baggage, as stated in the Warsaw Convention, as amended, and/or the Montreal Convention, as applicable.
13. If a problem arises regarding overloading of the aircraft, the air carrier shall decide, at its sole discretion, which passengers and items shall be transported, and which passengers and items shall not be transported on the said flight. Passengers whose transport has been denied as stated above, may cancel their ticket, and receive a refund of the transport fee paid.
14. Israir and/or the air carrier do not accept any liability for the disappearance, loss or theft of the flight ticket and baggage ticket, and the passenger will not be entitled to a another passenger ticket and/or baggage ticket as substitute for the lost or stolen tickets and shall have no right and/or consideration in regard thereof.
Supplement to the Terms and Conditions of Air Transport Contract (Charter Flights) -
Without derogating from the provisions of the Transport Contract above, which shall apply, mutatis mutandis, to charter flights as well, the following provisions shall apply to such flights: this ticket is valid for charter flight due to be performed by the air carrier indicated on the itinerary (hereinafter: the “Carrier”), for the organizer (charterer) which chartered the capacity of the aircraft or part thereof, within the meaning of term “organizer” in the Licensing of Aviation Services Law (Charter Flights), 5742-1982.
1. The flight ticket, and the transport of the passenger according thereto, are subject to the terms and conditions of the contract between the air carrier, on one hand, and the organizer (charterer) on the other hand.
2. The passenger has purchased the right to be transported from the organizer (charterer), and therefore, the air carrier is not liable for the fulfilment of the obligations of the organizer (charterer) towards the passenger or for the acts or omissions of the organizer (charterer), unless such liability lies with the air carrier according to the terms and conditions of the contract between the air carrier and the organizer (charterer) or by any law.
3. The organizer: Israir Charter (1994) and/or Israir International Limited Partnership.
4. Notwithstanding the provisions of paragraph 8 of the terms and conditions of the Air Transport Contract above, this flight ticket is valid for transport on the dates and flights indicated thereon only, or to such dates and flights as may have been amended by the organizer.
Notice regarding the Warsaw and Montreal Conventions
The Warsaw Convention and/or the Montreal Convention may apply to the journey or any part thereof, including at the passengers’ final destination (which may be different from the country of departure), and/or any stopover during the journey. The above conventions regulate, and in most cases even restrict, the air carrier’s liability in case of death or bodily injury of a passenger, as well as in case of loss of or damage to baggage.
Air transport, where the place of departure and the destination are located within the territories of two countries which are signatories to the Montreal Convention, or within the territory of one such country only which is a signatory to the Montreal Convention, and a stopover within the territory of another country has been agreed upon, shall be subject to the Montreal Convention. Where both the Montreal Convention and the Warsaw Convention apply, the provisions of the Montreal Convention shall prevail.
The limitations of liability in these conventions are manifested in special withdrawal rights, which change from time to time.
For this matter, see the notice titled “Notice to passengers on international flights regarding limitation of liability”, as well as “Notice regarding limitation of liability for baggage” below.
Notice to passengers on international flights regarding limitation of liability
For passengers flying to the United States, from the United States or have an agreed stopover in the United States, the convention and special transport contracts included in the fares applicable to the flight include a condition, according to which the liability of specific air carriers, which are signatories to such conventions, for death or personal injury of passengers, is limited in most cases to proven damages which shall not exceed USD 75,000 per passenger, and the liability up to such limit will not be conditioned upon the negligence of the air carrier. The list of air carriers which are signatories to these special contracts is available to passengers at all the ticketing offices of such air carriers and may be reviewed upon request. As for passengers flying with an air carrier which is not a signatory to such special contracts or not flying to the United States, from the United States or do not have an agreed stopover in the United States, the liability of the air carrier for death or personal injury of passengers is limited in accordance with the convention applicable to such event. In any event, passengers are advised to purchase personal property insurance, which covers such cases. The limitation of the air carrier’s liability according to the above conventions or special air transport contracts does not derogate form the insurance. Further information on this matter is available from the relevant carrier, and if the journey includes several flights with different carriers, the passenger should contact each carrier separately to verify the limitations of liability.
Notice regarding limitation of liability for baggage
The air carrier’s liability for loss and delay of, or damage to, baggage due to certain types of valuables according to the Warsaw Convention and/or the Montreal Convention, which may apply to the journey or any part thereof, including at the passengers’ final destination (which may be different from the country of departure) and/or any stopover during the journey, is limited. The air carrier is not liable for damage to fragile or perishable items, money, jewllery, precious metals, silverware, bills of exchange, securities or other valuables, business documents or samples, passports and identification cards, contained in the passenger’s baggage. More details are available from the air carrier. Passengers are advised to insure themselves, at their own expense, effective from the date of reservation and its confirmation, through a personal and comprehensive insurance policy, which includes, inter alia, coverage in case of loss of or damage to baggage, as well as to verify the terms and conditions of such insurance.
Denial of boarding due to overbooking
Air carriers may perform overbooking in order to mitigate the implications of no-show for flights and to allow allocation of seats to passengers who could not be assigned seats otherwise. In countries where regulations regarding compensation in case of overbooking apply, air carriers have introduced compensation schemes for passenger holding a confirmed reservation for a flight who have been denied boarding due to in availability of seats caused as a result of overbooking. Information regarding such schemes is available at the office of the respective air carrier.
Refusal of carriage
The air carrier may refuse to transport a passenger holding a valid flight ticket, who refuses to undergo an inspection by local security and/or customs authorities, or a passenger who behaves in an inappropriate manner or a passenger who refuses to adhere to the directions or who is drunk, or a passenger whose medical condition may present a risk to their own health or to the health of fellow passengers, in which case such a passenger shall not be entitled to any refund, compensation or service from the air carrier.



