TERMS AND CONDITIONS

Kindly read our Terms and Conditions and in particular our Conditions of Carriage as you are asked to confirm that you have read and understood these before your Booking can be confirmed.

CONDITIONS of CARRIAGE

CARRIER’S REGULATIONS

CONDITIONS of CARRIAGE

INDEX

1 Definitions of the Expressions used in these Conditions

2 Applicability

3 Fares, Taxes, Fees and Charges and Currency

4 Bookings

5 Check-in and Boarding

6 Refusal and Limitation of Carriage

7 Baggage

8 Schedules, Delays, Cancellations and Denied Boarding Compensation

9 Refunds of Fares, Taxes, Fees and Charges

10 Conduct Aboard Aircraft

11 Arrangements for Additional Services

12 Administrative Formalities

13 Liability for Damage

14 Time Limitation for Claims and Actions

15 Our Regulations

16 Interpretation

17 Choice of Law and Jurisdiction

ARTICLE 1 Definitions of the Expressions used in these Conditions

We, us, our – means Sama, the trading name of Sama LelTayaran Company Limited with company registration 1010217212 in the Kingdom of Saudi Arabia

You, your – means any person(s) in whose interest the Booking is made and who is/are to be carried or is/are carried on an aircraft, except members of the crew. (See also the definition for Booking and for Passenger)

Additional Fees – are additional charges arising from optional services requested by you from us,

Agreed Stopping Places – are the places, except the place of departure and the place of destination, set out in our timetables as scheduled stopping places on your route

Airline Designator Code – is the two or three letters or the letter and number which identify particular air carriers

Authorised Agent – is an agent who we have appointed to represent us in the sale or delivery of air transportation on our services

Baggage – means your personal property accompanying you on your flight, which unless otherwise specified, consists of your Cabin and Hold Baggage

Baggage Receipt – refers to the receipt given to you by us or our Authorised Agent at the check-in desk which relates to the carriage of your Hold Baggage

Baggage Identification Tag – means a document issued solely for identification of Hold Baggage, which is normally attached to the Hold Baggage during travel

Booking - means the flight booking you have made with us, which entitles you to travel between the Agreed Stopping Places as agreed when you confirmed your Booking once the Tariff due for all Passengers in the Booking has been paid in full

Booking Number – means the unique number we assign to you to identify the Booking you have made which has been confirmed by us

Business Day – means a day (other than a Thursday or Friday) on which banks are ordinarily open for business in the Kingdom of Saudi Arabia;

Cabin Baggage – this is baggage which you have presented for carriage which you carry onboard;

Carrier – means an air carrier other than Sama

Carrier’s Regulations – are the rules, other than these Conditions of Carriage, published by us and in effect on the date the booking is made which govern the carriage of Passengers and/or Baggage and shall include applicable Tariffs in force; these are available on our Website and at our offices upon request

Check-in Deadline - the time limit we have set by which you must have completed the check-in formalities and received your boarding pass

Conditions of Carriage – means these General Conditions of Carriage for Passengers and Baggage

Conditions of Contract – means those statements contained in or delivered with your Booking and/or Itinerary, identified as such and which incorporate by reference, these Conditions of Carriage and Notices

Convention – means whichever of the following apply

· The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below 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. I 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)

· The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999

Credit – an amount held by us which can be used as full or part payment towards future Bookings, valid for a period of six (6) months from the date of issue

Damage – this includes death of, wounding of, or other bodily injury to a passenger. It also includes loss, partial loss of limbs/or bodily function, as well as any theft of, or other damage to Baggage arising out of, or in connection with carriage or other services incidental thereto performed by us

Days – means calendar days including all seven (7) days of the week.

Events Beyond Our Control – are unusual and unforeseeable circumstances which we cannot control and the consequences of which we could not have avoided even if we had taken all due care. Including, but not limited to Force Majuere events, this will be defined at the discretion of Sama.

Fare – is the amount you pay for your seat on our flights, this will exclude Taxes and applicable Charges arising at the time of making your Booking.

Force Majeure - means events beyond the reasonable control of a party including, without limitation, strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule regulation or direction or any overriding emergency procedures, accident, breakdown of plant or machinery, fire, flood, and storm

Hold Baggage – this is baggage which we have taken into our custody and for which we have issued a Baggage Identification Tag or a Baggage Receipt or both and which normally travels in the hold of the aircraft

Involuntary Fare Refund – means a refund, under clauses 8.1.1 and 9.2, of the Fare or Tariff for your Booking

Itinerary – means a document or documents we or our Authorised Agents issue on paper, by fax, by E-mail, or other means to Passengers with a Booking. It contains the Passenger’s name, flight information, Booking Number and a receipt for the Tariff paid.

Missed Departure Fee – means a fee payable by you in the event that you arrive at the Check-in after the Check-in deadline has passed which enables you to transfer to the next available flight.

Passenger – means any person holding a valid boarding pass issued by us who is carried, or is in the process of being carried, on an aircraft, except members of the crew. (See also the definition for you, your)

Point to Point – means the airline is only responsible for the carriage between your origin and your destination

SDR – is a Special Drawing Right as defined by the International Monetary Fund

Significant Change – where applied to the scheduled time of departure means a change of more than twelve (12) hours

Tariff - means the total amount payable by a Passenger for a Booking, which will include the published Fare, Taxes, Fees and Charges, and any Additional Fees.

Taxes, Fees and Charges – are additional costs imposed on us by Government and/or other authorities, including the operator of an airport which we are obliged to collect from you or pay in respect of you and your flight

Validity Period – is the period for which your Booking is valid

Voluntary Fare Refund – is a refund of the Fare or Tariff for your Booking when permitted

Website – means Sama’s internet site www.flysama.com

ARTICLE 2 Applicability

2.1 General

Except as provided in paragraphs 2.2, 2.3, 2.4 and 2.5 these Conditions of Carriage apply to all flights we operate and any liability we may have in relation to that carriage by air. The Terms and Conditions contained within any Itinerary and Receipt shall form part of these Conditions of Carriage.

2.2 Charters

If carriage is performed pursuant to a Charter Agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the Charter Agreement or the Itinerary.

2.3 Overriding Law

These Conditions of Carriage are applicable unless they are inconsistent with any Tariffs or laws which apply to this Contract of Carriage in which event such Tariffs or laws will apply.

2.4 Conditions Prevail over Regulations

Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and Our Regulations, these Conditions of Carriage will apply.

2.5 Validity of Conditions

If one of these Conditions of Carriage is invalid, the other Conditions will remain valid.

ARTICLE 3 Fares, Taxes, Fees and Charges and Currency

3.1 Fares

Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless we state otherwise. Fares do not include ground transport services between airports and between airports and town terminals. Fares will be calculated in accordance with our Tariff in effect on the date you pay for it. The Fare will be for travel on the specific dates and flights as agreed when you make your Booking with us or our Authorised Agent. If you wish to change your Booking, this may increase the Fare and/or application of Additional Fees in accordance to our Regulations.

3.2 Taxes, Fees and Charges

You must pay any Taxes, Fees and Charges imposed on us by Government and/or other authorities, including the operator of an airport for which we are obliged to collect from you or pay in respect of you and your flight. When you purchase your Booking, we may inform you about any Taxes, Fees and Charges not included in the fare and they will normally be shown separately on the Itinerary. Taxes, Fees and Charges change constantly and can be imposed or altered after the date we have confirmed your Booking. Similarly, if any Taxes, Fees or Charges you pay to us when we confirm your Booking are then abolished or reduced, you will be entitled to claim a refund from us for the difference you have paid. If you do not use your Booking, you will be entitled to claim a refund of any Taxes, Fees and Charges which you have paid, less a service charge, which may be equivalent to the Fare paid at our discretion.

3.3 Currency

You must pay the fare and any Taxes, Fees and Charges in the currency of the country of the point of origin on your Booking, unless we or our Authorised Agents say you must use another currency at or before the time you pay. We may decide to accept payment in another currency.

3.4 Additional Fees

We reserve the right to charge a reasonable administration fee for any additional services, not included in the price of the Fare, including but not limited to requests for duplicate receipts, costs to cover some methods of payment, costs to cover some methods of booking and costs to cover the administration of changing the name, date and/or time within a Booking. All Additional Fees will be advised to you at the time of booking.

ARTICLE 4 Bookings

4.1 General

The Booking, these Conditions of Carriage and Our Regulations (including applicable Tariffs) together constitute the terms and conditions of the Contract of Carriage between you and us.

These Conditions of Carriage and Our Regulations can be found and are accessible in full on our Website (www.flysama.com) and copies may be obtained on request from our office at the address provided at the end of these Conditions of Carriage.

We will only provide carriage to the Passenger(s) named in the Booking. You will be required to produce positive photographic identification identifying you as the Passenger named in the Booking and valid travel documentation in the form of passport and any visa or other documentation required to satisfy the relevant authorities for the journey you are undertaking.

We sell our Fares at discounted rates which are non-refundable. We would strongly recommend that you ensure you have an appropriate level of insurance to cover instances where you are unable to use your Booking.

We will record your Booking in our computer system. In the case of a Booking made via our contact centre we, or our Authorised Agents will issue you with your Booking Number verbally and if requested will send you an Itinerary by email, or other delivery method if available at the time. In the case of internet bookings through our Website, the Booking Number will be displayed along with the flight confirmation details on the screen upon completion of the Booking, if you have entered a valid email address you will also be issued with an Itinerary by email. You should print a copy of this for your records, as you will be required to quote the Booking Number at the time of check-in.

4.2 Personal Information

You recognise that your personal data has been given to us and that we may use the personal information you have provided, including information about how you used our services and facilities (“Your Personal Information”), for the purposes of:

making a Booking and issuing an Itinerary; providing you with your transportation and any related services and facilities; accounting, billing and auditing; checking credit or other payment cards; immigration, customs and entry procedures; security, administrative and legal purposes; statistical analysis; ensuring our compliance with legal and regulatory obligations applicable to us; operating frequent flyer programmes; systems testing, maintenance and development; customer relations; helping us in any future dealings with you; and direct marketing and market research.

For these purposes, by finalizing your booking, you authorise us to retain and use your personal information and to transmit it to our own offices; carriers and other companies involved in providing your transportation or related services and facilities; data processors working for us; our Authorised Agents; government and enforcement agencies; and credit and other payment card companies. This may involve sending your personal information outside the Kingdom of Saudi Arabia.

4.3 Changes to Bookings

The Fare you have purchased is valid for transportation only as shown on the Booking for the Passenger(s) named, from the place of departure to the final destination on the date and flight number shown.

If you wish to change your Booking or the Passenger(s) to be carried you must contact us in advance. All changes must be made at least three (3) hours before the minimum check-in time of the flight; such changes may only be made by the Passenger named in the Booking and/or the person who made the original Booking. Any additional Fare due, in accordance with Our Regulations and Tariffs and any applicable Additional Fee will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as booked. Detailed rules relating to Fares and changes to bookings are available from our offices upon request. This shall not be taken as an understanding or a promise by us to accept your request of change to your Booking nor shall our refusal to do so be taken as valid grounds to seek refunds.

4.4 Seating

We will endeavour to meet all advance seating requests where possible at check-in, although these cannot be guaranteed and we may find it necessary to change your seat for operational, safety or security reasons.

Passengers with special needs, together with the elderly, frail or any other Passenger, who, in our reasonable opinion would be unable to assist in the event of an emergency, will not be seated at or adjacent to an Emergency Exit.

4.5 Connections

Our flights are not intended for use in connecting with flights of other carriers or other flights of ours. Any connections are made at your own risk and if you have an onward flight you will have to check in with your Baggage for each portion of your journey performed by us.

4.6 Time Limits for Payment of the Fare

Fares plus all Taxes, Fees and other charges must be paid in full before a Booking is confirmed. If such sums have not been paid in full or your credit/ATM card, other payment method is declined we may cancel the Booking at any time without liability and without need to inform you.

4.7 Validity

Unless it says differently on the Booking, in these Conditions of Carriage, or in any Tariffs which apply, a Booking is valid for six (6) months from the date of issue or one (1) year from the date you first travelled using the Booking Number, providing your first flight took place within a year of the Booking being made.

If before or after beginning your journey any of the Passengers detailed on the Booking falls ill or dies, and you have supplied us with a copy of the medical and/or death certificate, we may agree to change your Booking. An Administration Fee will be applied, unless waived at our discretion.

4.8 Our Name and Address on your Itinerary

Our name may be abbreviated on any of our documents of carriage or on the Website. Our Registered Office address is Sama LelTayaran, PO Box 361662, Riyadh 11313, Kingdom of Saudi Arabia.

Please see our Website for more details of how to contact us.

ARTICLE 5 Check-in and Boarding

5.1 Check-in Deadlines

You must check-in by the Check-In Deadline as advised by us or our Authorised Agent or Website (www.flysama.com) when you make your Booking. Check-in Deadlines vary, please find out the Check-In Deadlines for your flights before you travel and keep to them. If you do not complete the check-in process by the Check-In Deadline we may either cancel your Booking and not carry you or transfer you to the next available flight on payment of a Missed Departure Fee. Such cancellation shall not be taken as Denied Boarding. By completing the check-in process we mean that you have received your boarding pass for your flight and reached the boarding gate before closure.

5.2 Boarding Gate Deadlines

You must be present at the boarding gate not later than the time we give you when you check in. We may decide not to carry you if you fail to arrive at the boarding gate on time.

We will not be liable to you for any loss or expense you suffer if you fail to meet Check-in Deadlines or fail to be at the boarding gate on time.

5.3 Administration

You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over and with Our Regulations 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, 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, requirements or instructions.

ARTICLE 6 Refusal and Limitation of Carriage

6.1 Right to Refuse Carriage

In the reasonable exercise of our discretion, we may refuse to carry you or your Baggage if we have notified you in writing, fax and/or any electronic means that we would not at any time after the date of such a notice carry you on our flights. In this circumstance you will be entitled to a refund of the Fare you have paid, plus any Taxes, Fees and Charges, less any reasonable administration fee we may apply.

We may refuse to carry you or your Baggage without a prior notice if one or more of the following has occurred or we reasonably believe may occur:

6.1.1 If the carriage of you or your Baggage may endanger or affect the safety of the aircraft or the safety, health or materially affect the comfort of other passengers or crew;

6.1.2 If you are under the influence of drink or drugs or if you are, or we reasonably believe you are, in unlawful possession of drugs or alcohol;

6.1.3 lf your mental or physical state is a danger or risk to you, the aircraft or any person in it;

6.1.4 If you have refused to allow a security check to be carried out on you or your Baggage;

6.1.5 If you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security and/or used threatening, abusive or insulting words or acted in a disorderly way towards our ground staff or a member of the crew of the aircraft;

6.1.6 If you have deliberately interfered with a member of the crew of the aircraft carrying out their duties;

6.1.7 If you have put the safety of either the aircraft or any person in it in danger;

6.1.8 If you have made a hoax threat relating to bombs, biological or chemical weapons;

6.1.9 If you have committed a criminal offence during the check-in or boarding processes or on board the aircraft;

6.1.10 If you have not, or do not appear to have, valid travel documents; if you try to enter a country for which your travel documents are not valid; destroy your travel documents during the flight, refuse to surrender your travel documents to a member of the crew when so requested or refuse to allow us to photocopy your travel documents;

6.1.11 If you ask the relevant government authorities for permission to enter a country in which you have landed as a transit passenger; if carrying you would break government laws, regulations, or orders; if you have refused to give us information which a government authority has asked us to provide about you.

6.1.12 If you have not presented a valid Booking Number; not paid the full Tariff for your journey; purchased a Booking acquired illegally; purchased a Booking which you did not buy from us or our Authorised Agents; purchased a Booking which was not issued by us or our Authorised Agents; presented a counterfeit Booking Number; or purchased a Booking with an alteration made neither by us nor our Authorised Agents;

6.1.13 if you cannot prove you are the person named in the Booking when presenting for check-in or boarding. We reserve the right to retain such Tariff in these circumstances.

6.1.14 if you have changed your transportation without our agreement as set out in Article 3.2 and Our Regulations.

6.1.15 if you have failed to present your boarding pass or your travel documents to us when reasonably asked to do so; if you have failed to complete the check-in process by the Check-In Deadline; if you have failed to arrive at the boarding gate on time.

6.1.16 if you have behaved in a way mentioned above on or in connection with a previous flight and we believe you may repeat this behaviour.

6.2 Special Assistance

If you are a disabled person or have limited mobility and you have informed us or our Authorised Agents that you have special needs, such as a wheelchair, or that you require special assistance and you have asked us or our Authorised Agents to provide this; and we or our Authorised Agents have agreed, before you check in, to provide for your special needs and/or provide you special help, we will not then refuse to carry you because of your disability, limited mobility or special needs.

We may decide not to carry pregnant women; passengers who are ill; or passengers who are disabled, have limited mobility or require special assistance if arrangements to carry them have not been requested before check-in. We do not accept unaccompanied children under the age of twelve (12) years.

ARTICLE 7 Baggage

7.1 Free Baggage Allowance

You may carry some of your Baggage free of charge. Your Free Baggage Allowance may be carried as specified and is subject to the conditions and limitations contained in Our Regulations.

7.2 Excess Baggage

The acceptance and carriage of Excess Baggage is at our discretion and you will be required to pay a charge for the carriage of baggage over your Free Baggage allowance. Details of the applicable Excess Baggage rates are available in Our Regulations.

7.3 Items Unacceptable as Baggage

You must not include in your Baggage items which do not constitute Baggage as defined in Article 1 of these Conditions of Carriage.

7.3.1 Forbidden Items

You must not carry the following in your Baggage (whether as Hold Baggage or Cabin Baggage):

· Those items you are forbidden from carrying by law of point of origin or point of destination.

· Items you are forbidden from carrying by Our Regulations.

· Any item likely to put the aircraft or people or property on board the aircraft in danger. These include the items shown in the “International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air” and the “International Air Transport Association (IATA) Dangerous Goods Regulations”.

· Items which we reasonably consider unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character. In deciding if items are unsuitable for carriage, we will take account of the type of aircraft being used.

If we discover that you are carrying forbidden items, we will refuse to carry them. Please ask us for information about forbidden items if required.

7.3.2 Dangerous Items

You must not take any item into the aircraft cabin if we tell you that we reasonably believe that its presence there would affect the safety and security of the aircraft or any person in it.

You may not take antique, toy or replica guns into the aircraft cabin. You may not take swords, knives, archery bows, arrows or similar weapons into the aircraft cabin. We may either check in these items as Hold Baggage or refuse to carry them altogether. Please read Our Regulations for more details on the carriage of Dangerous Items.

7.3.3 Fragile, Perishable and Valuable Items

You must not include in your Hold Baggage fragile or perishable items or items of special value such as:

· money;

· jewellery;

· precious metals;

· computers;

· personal electronic devices;

· share certificates, bonds and other valuable documents;

· business documents; or

· passports and other identification documents.

We are not responsible for loss of or damage to such items. If, despite the fact that an item is forbidden under Article 7, you include it in your Baggage, we will not be responsible for any loss or damage caused to it.

7.3.4 Right to Refuse Baggage

We may refuse to carry as Baggage such items described in Article 7 that are forbidden from carriage as Baggage and may refuse further carriage of and jettison any such items on discovery without being liable for compensation.

We may refuse to carry as Baggage any item because of its size, shape, weight or character.

We may refuse to accept Baggage for carriage if we reasonably believe that it is not properly and securely packed in suitable containers to ensure safe carriage with ordinary care in handling.

7.4 Right to Search

For reasons of safety and security we will ask to search and screen you and search, screen or x-ray your Baggage. We will always try to search, screen or x-ray your Baggage when you are present. However, if you are not available, we may search your Baggage in your absence. If you do not allow us to carry out the necessary safety and security searches, screening and x-rays, we will refuse to carry you and your Baggage. If a search or screening cause’s damage to you, or a search, screening or x-ray causes damage to your Baggage, we will not be liable for the damage unless it was caused by our gross negligence.

7.5 Hold Baggage

Hold Baggage must have your name or other personal identification securely affixed to it. When you check in your Hold Baggage, we will give you a Baggage Identification Tag for each piece.

We will carry your Hold Baggage, whenever possible, on the same aircraft as you, unless we decide for safety, security or operational reasons to transport it by other means. If we do not carry your Hold Baggage on the same aircraft as you, we will exert our best efforts to make it available to you for collection at the destination airport at a later time.

7.6 Cabin Baggage

We set maximum dimensions and weights for Cabin Baggage, which must also fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Cabin Baggage exceeds the maximum dimensions or weights or does not fit under the seat in front of you or in an enclosed storage compartment or we decide it is not safe, you must check it in as Hold Baggage.

We have Regulations for Baggage, please ask us for details.

If you have an item of Baggage (such as a musical instrument) larger or heavier than the maximum dimensions and weight for Cabin Baggage but unsuitable to be carried as Hold Baggage, we will only accept this for carriage if you have given us notice in advance and permission has been granted by us. The cost of such items may be charged for separately.

7.7 Collection and Delivery of Hold Baggage

7.7.1 Subject to Article 7.5.1, you must collect your Hold Baggage as soon as we have made it available at your place of destination. If you do not collect it within a reasonable time, we may charge you a storage fee. If you do not claim your Hold Baggage within three (3) months from the date we make it available, we may dispose of it without any liability to you.

7.7.2 Only the person with the Baggage Identification Tag, and, if one has been issued, the Baggage Receipt, is entitled to delivery of the Hold Baggage.

7.7.3 If a person claiming a piece of Hold Baggage cannot produce the Baggage Identification Tag and, if one has been issued, the Baggage Receipt, we will deliver the Baggage to them only on condition that they can establish to our satisfaction that the Baggage is theirs and if required by us, such person shall provide us with adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.

7.7.3 lf the person with a Baggage Receipt or a Baggage Identification Tag receives Hold Baggage without complaint, this will be sufficient evidence that the H Baggage has been delivered in good condition and according to the Contract of Carriage, unless you prove otherwise.

7.8 Animals/Birds/Fish/Reptiles

We will not accept birds, reptiles, fish or animals for carriage.

7.9 Human Remains

We do not accept human remains for carriage.

7.10 Items Removed from Passengers by Security Personnel

We will not be responsible for, nor have any liability in respect of, items removed from Baggage by airport security personnel acting in accordance with international or government authority, whether or not any such items are subsequently retained or destroyed by such airport security personnel, or are passed by such airport security personnel to us.

ARTICLE 8 Schedules, Delays and Cancellations and Denied Boarding Compensation

8.1 Schedules

The flight times shown in our timetables may change between the date of publication and the date you actually travel. We do not guarantee these flight times to you and they do not form part of your Contract of Carriage with us.

Before we confirm your Booking we will inform you of the scheduled departure time of your flight in effect as of that time, and it will be shown on any Itinerary subsequently issued. It is possible that we may need to change the scheduled departure time of your flight after your have received your Itinerary. If you provide us with contact information, we will endeavour to notify you of any such changes.

8.1.1 Schedule Changes and Delays

If after you purchase your flight, we make a Significant Change (of more than six (6) hours) to the scheduled departure time of your flight and you find this change unacceptable and we cannot book you on another flight which you are prepared to accept, you will be entitled to an Involuntary Refund of the Tariff paid.

8.1.2 Delays and Cancellations

At any time after a Booking has been made we may change our schedules and/or cancel, terminate, divert, postpone or delay any flight where we reasonably consider this to be justified by circumstances beyond our control and/or for reasons of safety, security or other operational or commercial requirements. If we do so:

· in the event of a cancellation we will make a refund in accordance with Article 9 subject to any other options you may accept as stated in Our Regulations;

· in the event of a diversion we will arrange for you to be carried (at our expense) to the Agreed Stopping Place or place of destination to which the flight was intended to be bound;

· in the event of a delay or disruption to our published schedule we will apply the procedures set out in Article 9 and Our Regulations; and

· we will have no other liability to you in any way whatsoever save as set out in Our Regulations

ARTICLE 9 Refunds of Fares and Taxes, Fees and Charges

9.1 General

If we fail to provide carriage in accordance with the Contract of Carriage or where a refund is payable in accordance with these Conditions of Carriage or Our Regulations, refund of the Fare for your Booking, or any unused part of it, and any taxes, fees and charges, as applicable shall be made by us in accordance with this Article and with our Fare rules and Tariffs and Our Regulations. Applicable Taxes, Fees and Charges paid at the time of your Booking will be included in Fare refunds where appropriate.

If after having made a Booking you do not fly with us, whether or not a refund of the Fare is payable you will be entitled to claim a refund of any Taxes, Fees and Charges paid by you which as a consequence we have no obligation to pay to any Government or other authority. We reserve the right to deduct a reasonable administration fee from any such refund where you fail to fly with us despite a flight being available.

Unless we say otherwise, we will only make a refund either to the Passenger named on the Booking or to the person who paid for the Booking. If you want a refund you must prove to us that you are the Passenger named on the Booking or, if this applies, the person who paid for the Booking.

If a Booking has been paid for by someone other than the Passenger named on it and it says that there is a restriction on refund, we will only make the refund to the person who paid for the Booking.

9.2 Involuntary Fare Refunds

9.2.1 Denied Boarding

We do not overbook flights, however, for operational or system reasons we may occasionally be required to deny boarding to passengers with a valid Booking.

In the event of us requiring to deny boarding to passengers, we will first request volunteers for denied boarding; if no volunteers are forthcoming we will prioritise the boarding based on time of check-in. A volunteer is a Passenger who responds to our request and who willingly accepts our offer of compensation as detailed below, in exchange for relinquishing their confirmed Booking and not traveling on that specific flight. Compensation for voluntary denied boarding will be communicated by our Authorised Agent at the time and will vary. Any other Passenger denied boarding is considered to have been denied boarding involuntarily and the following compensation will apply;

· we will pay compensation to you at a rate of two hundred percent (200%) of the Fare paid by you for the flight for which you have been denied boarding, and the Fare for your return flight if this fight is the first sector in a return Booking. Any Involuntary Refund will include any refundable Taxes, Fees and Charges.

· This compensation will be one hundred percent (100%) of the Fare paid where we arrange alternative air transport for you which is scheduled to arrive no later than two (2) hours after your original scheduled arrival time. Any Involuntary Refund will include any refundable Taxes, Fees and Charges.

· Any passenger denied boarding involuntarily for a flight shall not be eligible for denied boarding compensation if they are denied boarding under Article 11 of our Terms and Conditions or if we provide comparable transport, at no extra cost to you, which are planned to arrive no later than one (1) hour after your original scheduled arrival time.

Any compensation due under our denied boarding policy will be paid to you by our Authorised Agents. Compensations mentioned in this clause are the only obligation and liability on our part towards you. Performance of such compensation by us shall mean that you don’t have any further claims or entitlements against us.

9.2.2 Delays and Cancellations

We will always use our best efforts to provide your flight as per our published scheduled departure and arrival times; however, we may delay or cancel a flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety, security, operational or commercial reasons. We shall not be liable for any losses or consequential damages whatsoever occasioned by delay.

We shall be liable for damage or loss occasioned by delay within the limits prescribed by applicable laws and conventions. We are not liable for damage or loss occasioned by delay where we can reasonably prove we, our servants, and/or our Authorised Agents, took measures that could be reasonably required to avoid the damage or that it was impossible for it or them to take such measures.

Where a flight is delayed in departing and we accept responsibility for the delay, the following shall be provided to our passengers:

· Refreshments will be made available when one (1) hour has elapsed from the time of the originally scheduled departure.

· You will be given the opportunity to claim a Credit of the Tariff paid (for both the delayed flight and the return sector if the delayed flight is the first sector in a return Booking) when three (3) hours has elapsed from the time of the originally scheduled departure time. If this is accepted the Booking will be cancelled and our liability for the delayed flight will cease. Alternatively you may wish to remain in wait for the original delayed flight, in which case they will be offered vouchers with which they may purchase a meal from the airport concessions.

· You will be given a Credit of the Tariff paid (for both the delayed flight and the return sector if the delayed flight is the first sector in a return Booking) when six (6) hours have elapsed from the time of the originally scheduled departure time. Once a credit has been issued our liabilities for the delayed flight will cease and your Booking will be cancelled.

· Discretionary provision of these compensations shall not be taken or construed as an acceptance of responsibility for the delay by Sama

Where a flight is cancelled you will be given the opportunity to re-book your travel at a later date for no additional charge, subject to availability, or accept a Credit to be used at a later date. Once the flight has been re-booked or a Credit issued your Booking will be cancelled and our liability for the cancelled flight will cease.

ARTICLE 10 Conduct Onboard our Aircraft

10.1 Unacceptable Behaviour

If, while you are onboard the aircraft, we reasonably believe that you have engaged in unacceptable behaviour, including but not limited to; placing the aircraft, or any person in it, in danger; deliberately interfering with the crew in carrying out their duties; failing to obey the instructions of the crew relating to safety or security; failing to obey the seat-belt or no-smoking signs; committing a criminal offence; allowing your physical or mental state to become affected by drink or drugs; failing to obey the crew’s instructions relating to the use of mobile telephones or other electronic equipment; failing to obey the crew’s instructions relating to drink or drugs; making a hoax bomb threat; threatening, abusing or insulting the crew or other passengers or behaving in a threatening, abusive, insulting or disorderly way towards the crew or other passengers or behaving in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers, or in any other way behaving in breach of any law, regulation or statute, we may take any measures we think reasonable to prevent you continuing your behaviour, including restraint.

When the aircraft is on land, we may decide to remove you from the aircraft; refuse to carry you on the remaining sectors of the journey shown on your Booking; and report the incident onboard the aircraft to the relevant authorities with a view to them prosecuting you for any offences you might have committed. We shall not be liable for any action we take as a result of your Unacceptable Behaviour.

10.2 Diversion Costs Caused by Unacceptable Behaviour

If, as a result of your Unacceptable Behaviour, we divert the aircraft to an unscheduled place of destination and make you leave the aircraft, you must pay us the reasonable and proper costs of and associated with the diversion.

10.3 Electronic Devices

For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to; mobile telephones; laptop computers; personal recorders; personal radios; MP3, cassette and CD players; electronic games or transmitting devices (for example, radio-controlled toys and walkie-talkies). You must not use these items when we have told you that they are not allowed.

The use of hearing aids and heart pacemakers is permitted.

ARTICLE 11 Arrangements for Additional Services

If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel Bookings or car rental, in doing so we act only as agents. The terms and conditions of the third party service will apply and we shall have no liability to you.

ARTICLE 12 Administrative Formalities

12.1 Travel Documents

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 thereof. 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.

12.2 Refusal of Entry

If you are refused entry to a country, you must pay any fine, penalty or charge imposed on us by the government concerned; any detention costs we are charged; the fare for transporting you back to your place of departure; and any other costs we pay or agree to pay.

We will not refund to you the Tariff for carrying you to the place where you were denied entry.

12.3 Passenger Responsibility for Fines, Detention Costs and other costs

You must repay us fines, detention costs and other charges. If we have to pay any fine, penalty, fee, charge or costs (such as detention costs) because you have failed to obey any laws or regulations, or other travel requirements of the country to which you have travelled to or to produce the necessary documents needed by that country, you must repay us the amount we have paid as a result. We may take this amount from the value of any unused part of your Booking, or any of your money we have in our possession.

12.4 Customs Inspection

If necessary, you must be present when your Baggage is inspected by customs or other Government officials. We will not be liable to you for any damage you suffer in the course of an inspection or because you are not present.

12.5 Security Screening

You must allow us, government officials, airport officials, or us to carry out security screening of you or your Baggage.

ARTICLE 13 Liability for Damage

13.1 These Conditions of Carriage govern our liability to you. The Conditions of Carriage of any and each other carrier involved in your journey govern its liability to you.

13.2 Our liability in respect of domestic carriage will be governed by applicable national law, as varied by the other provisions of these Conditions.

13.3 Our Liability for Passengers

13.3.1 Our liability for damages sustained in the event of death, wounding or any other bodily injury by a passenger in the event of an accident shall not be subject to financial limit, be it defined by law, convention or contract.

13.3.2 The obligation of insurance set out in current General Authority of Civil Aviation (GACA) Economic Regulations shall be understood as requiring that we shall be insured up to the limit of the liability.

13.3.3 If we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased passenger we may be exonerated wholly or partly from our liability in accordance with applicable law.

13.3.4 We shall, without delay, and in any event not later than fifteen (15) Business Days after the identity of the actual person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered.

13.3.5 Any advance payment is non refundable, except in the cases described in clause 13.3.4, or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence or was not the person entitled to compensation.

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

13.4 Our Liability for Damage to Baggage

13.4.1 We are not liable for damage to Cabin Baggage, unless in respect of international carriage, such damage resulted from our fault or that of our servants or agents.

13.4.2 Our liability for damage to Hold Baggage is limited by the Convention except where you prove that the damage resulted from an act or failure to act done with either the intention of causing damage; or recklessly and with knowledge that damage would probably result.

In most cases the convention provides for a limit of 1,000 SDRs for each Passenger in respect of all Baggage (both Hold and Cabin Baggage):

However, if the law which applies provides for different limits of liability, those different limits will apply.

13.4.3 If the weight of your Hold Baggage is not recorded on the Baggage Receipt, we will presume that it is not more than the free Baggage allowance for the class of carriage concerned.

13.4.4 You are responsible for any damage caused by your Baggage to other people and property, including our property.

13.4.5 We are not liable in any way whatever for damage to items which you are forbidden from including in your Hold Baggage under Articles 7.3.1, 7.3.2, 7.3.3 and 7.3.4. These items include fragile or perishable items, items with a special value, such as money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and other valuable documents, business documents, or passports and other identification documents.

13.5 General

13.5.1 We are not liable for any damage arising from the fact that we have obeyed laws or government rules and regulations; or you have not obeyed laws or government rules and regulations.

13.5.2 Except where these Conditions of Carriage say differently, we are liable to you only for compensatory damages which you are entitled to recover for proven losses and costs under the Convention.

13.5.3 We shall furthermore not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising.

13.5.4 Our Contract of Carriage with you (including these Conditions of Carriage and exclusions or limits of liability) applies to our Authorised Agents, servants, employees and representatives in the same way as it applies to us. As a result, the total amount you can recover from us and our Authorised Agents, servants, employees, and representatives will not be more than the total amount of our own liability, if any.

13.5.5 Unless we say otherwise, nothing in these Conditions of Carriage gives up any exclusion or limitation of liability to which we are entitled under the Convention or any laws which may apply.

13.5.6 Nothing in these Conditions of Carriage prevents us from excluding or limiting our liability under the Convention or any laws which apply; or gives up any defence available to us under the Convention or any laws which apply; against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a passenger.

ARTICLE 14 Time Limitation for Claims and Actions

14.1 Notice of Claims

14.1.1 If your Hold Baggage is damaged (including partial loss) you must complain in writing to us immediately you discover the damage and, at the latest, within seven (7) days where the Convention allows, at the airport from the scheduled arrival time of the flight on which you received the Hold Baggage.

14.1.2 If your Hold Baggage is delayed, you must complain in writing to us within twenty one (21) days where the Convention allows, of the Hold Baggage being made available to you.

14.2 Limitation of Actions

You will have no right to damages if an action is not brought within two (2) years where the Convention applies, calculated from the date of arrival at the place of destination; the date on which the aircraft ought to have arrived; or the date on which the carriage stopped.

14.3 Modification and Waiver

None of our Authorised Agents, employees or representatives has authority to alter, modify or waive any provision of these Conditions of Carriage, unless expressly authorised by our Managing Director.

ARTICLE 15 Additional Regulations

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 as varied from time to time are important and concern among other things:

· unaccompanied children;

· passengers with limited mobility;

· pregnant wome