• ARTICLE 1 — DEFINITIONS — WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS

    In these conditions:

    “We”, “our” “ourselves” and “us” means Dutch Antilles Express BV

    “You”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for “Passenger”).

    “AIRLINE DESIGNATOR CODE” means the two characters or three letters which identify particular air carriers. For us this is “9H”.

    “BAGGAGE” means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage.

    “BAGGAGE IDENTIFICATION TAG” means a document issued solely for identification of Checked Baggage.

    “CHECKED BAGGAGE” means Baggage of which we take custody and for which we have issued a Baggage Identification Tag.

    “CHECK-IN DEADLINE” means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.

    “DAMAGE” includes death, wounding, or bodily injury to a Passenger, or loss, partial loss, theft or other damage to baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.

    “DAYS” mean 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 provided further that for purposes of determining duration of validity of a Ticket, the day upon which the Ticket is issued, or the flight commenced shall not be counted.

    “ITINERARY/RECEIPT” means a document we issue to the individual Passengers that contains the Passenger’s name, flight information and notices.

    “PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for “you”, “your” and “yourself”).

    “TICKET” means the Itinerary/Receipt. Issued to you by us

    “UNCHECKED BAGGAGE” means any of your Baggage other than Checked Baggage.

    "THE CONVENTION" means the Warsaw Convention.

  • ARTICLE 2 — APPLICABILITY

    2.1 GENERAL
    Except as provided in Articles 2.2, 2.3 and 2.4, our Conditions of Carriage apply only on those flights, or flight segments, where our name or Airline Designator Code is indicated in the carrier box of the Ticket for that flight or flight segment.

    2.2 CHARTER OPERATIONS
    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 Ticket.

    2.3 OVERRIDING LAW
    2.3.1 These Conditions of Carriage are applicable unless they are inconsistent with applicable law in which event such law shall prevail.

    2.3.2 If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.

    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 any other regulations we may have, dealing with particular subjects, these Conditions of Carriage shall prevail.

  • ARTICLE 3 — TICKETS

    3.1 GENERAL PROVISIONS
    3.1.1 We will provide carriage only to the Passenger named in the Ticket. You will be required to produce legally accepted photo identification.

    3.1.2 A Ticket is not transferable except when provided for in our regulations.

    3.1.3 Our Tickets cannot be endorsed for use with other carriers but flights may be changed in accordance with our regulations subject to payment of a change fee plus any difference in price between the original fare paid and the lowest available fare for the new booking at the time. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket or are prevented from reaching the airport of departure by the Check-In Deadline by reason of ‘force majeure’.

    3.2 VALIDITY
    3.2.1 Except as otherwise provided in these Conditions and such regulations as we may make in accordance with Article 16 below, reservations are valid only for the flight(s),date(s) and route specified on the Ticket.

    3.2.2 In the event of serious illness or death of a Passenger, the Tickets of the Passenger and of persons travelling on the same reservation may be modified by waiving any restriction on changing reservations upon production of suitable documentary evidence. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the deceased Passenger’s Ticket and those of his or her accompanying immediate family members may likewise be modified upon production of evidence of death.

    3.3 OUR NAME AND ADDRESS
    Our name may be abbreviated to our Airline Designator Code, or otherwise, in the Ticket. Our Registered Address is Pietermaai 33-35, Willemstad, Curacao, Netherlands Antilles.

  • ARTICLE 4 — FARES, TAXES, FEES AND CHARGES

    4.1 FARES
    Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Your fare will be calculated in accordance with our tariffs and fare categories in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may impact the fare to be paid.

    4.2 CHARGES
    We will apply a change fee should you ask us to change your reservation from the original. In addition the difference between the fare paid on the original reservation and the fare available on the new date / time requested will also be applied.

    We will apply an administration fee should you ask us to refund those monies of unused portions of refundable fares.

    We may at our sole discretion amend either or both of these fees from time to time and the amount of these fees is available from us on request.

    No employee of ours or employees of any of our Handling Agents who may represent us have the authority to waive these charges under any circumstances except those as explicitly referred to in these terms and conditions.

    4.3 CURRENCY
    Fares, taxes, fees and charges are payable in the currency of the country of origin of travel unless another currency is indicated by us at or before the time payment is made (for example, because of the non-convertibility of the local currency). We may at our discretion, accept payment in another currency.

  • ARTICLE 5 — RESERVATIONS AND SEATING

    5.1 RESERVATION REQUIREMENTS
    5.1.1 We will record your reservation(s). Upon request we will provide you with written confirmation of your reservation(s).

    5.1.2 Certain fares have conditions that limit or exclude your right to change or cancel reservations.

    5.2 PERSONAL DATA
    You recognise that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket. For this purpose, you authorise us to retain and use such data and to transmit it to our own offices. Your personal data will not be used for marketing activities by other companies without your prior permission.

    5.3 SEATING
    We do not pre-assign seats on any of our flights. However, if you report to the boarding gate no less than thirty (30) minutes prior to flight departure and request pre-boarding for good reason we will do our best to assist. We reserve the 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.

    5.4 SMOKING and DRINKING and use of DRUGS
    You may not smoke and/or drink alcoholic beverages and/or use drugs in any part of an aircraft operated by us. Failure to adhere to this regulation may result in severe criminal penalties being brought against you as well as all disruption costs being claimed against you by ourselves.

  • ARTICLE 6 — CHECK-IN AND BOARDING

    6.1 Unless otherwise specified by us or by any applicable governmental or airport authority the Check-In Deadline for a flight operated by us is 30 minutes prior to scheduled departure time. We reserve the right to cancel your reservation and to deny you boarding if you do not comply with the Check-in Deadline indicated.

    6.2 All passengers must present a valid legal photo identification, such as passport for all flights upon check-in as we may specify from time to time.

    6.3 You must be present at the boarding gate no later than 20 minutes prior to departure. If you fail to arrive at the boarding gate by this time, the space reserved for you will be cancelled.

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

  • ARTICLE 7 — REFUSAL AND LIMITATION ON CARRIAGE

    7.1 RIGHT TO REFUSE CARRIAGE
    7.1.1 We may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights.

    7.1.2 We may also refuse to carry you or your Baggage if one or more of the following have occurred or we reasonably believe may occur:

    7.1.2.1 such action is necessary in order to comply with any applicable government laws, regulations, or orders;

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

    7.1.2.3 your mental or physical state or attitude or demeanour, including your impairment from alcohol or drugs, presents a hazard or risk to yourself, to passengers, to crew, or to property;

    7.1.2.4 you have committed misconduct on a previous flight;

    7.1.2.5 you have refused to submit to a security check;

    7.1.2.6 you have not paid the applicable fare, taxes, fees or charges;

    7.1.2.7 you owe us any money in respect of a previous flight owing to payment having been dishonoured, denied or recharged against us;

    7.1.2.8 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;

    7.1.2.9 you cannot prove that you are the person named in the Ticket;

    7.1.2.10 you fail to observe our instructions with respect to safety or security.

    If we have, in the reasonable exercise of our discretion under this Article 7.1.2 refused to carry you on the basis of any of the above, or have removed you en route, we may at our sole discretion cancel the remaining unused portion of your Ticket and you will not be entitled to either further carriage by us or a refund from us. We will not be liable for any consequential loss or damage alleged due to any such refusal to carry or removal en route. We may also initiate legal actions against you for any damages we incur due to any of the above.

    7.2 SPECIAL ASSISTANCE
    Acceptance for carriage of young persons, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to specific prior arrangement with us on terms and conditions which may be advised by us from time to time.

    Passengers with disabilities who have advised us of any special requirements they may have on the day of booking, and which have been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements. Failure to advise us of any special needs on the day of booking will result in the service being unavailable and your being refused carriage.

  • ARTICLE 8 — BAGGAGE

    8.1 FREE BAGGAGE ALLOWANCE
    You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us.

    8.2 EXCESS BAGGAGE
    You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request.

    8.3 ITEMS UNACCEPTABLE AS BAGGAGE
    8.3.1 You must not include in your Baggage:

    8.3.1.1 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified 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.

    8.3.1.2 items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;

    8.3.1.3 items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used.

    8.3.1.4 firearms or ammunition, explosives and detonators.

    8.3.1.5 fish, game or hunting trophies;

    8.3.1.6 any items prohibited for carriage by local regulations, ie. Historical artifacts, shells and any other articles protected under law.

    8.3.2 Swords, knives, scissors, blades, cutlery, darts, syringes and other sharp objects and any item which in our opinion could be used as a weapon may be accepted as checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.

    8.3.3 You must not include in Checked Baggage money, medicine, jewellery, precious metals, keys, cameras, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.

    8.3.4 If, despite being prohibited, any items referred to in Articles 8.3.1, 8.3.2 and 8.3.3 are included in your Baggage, we shall not be responsible for any loss or damage to such items.

    8.4 RIGHT TO REFUSE CARRIAGE
    8.4.1 We will refuse to carry as Baggage the items prohibited by Article 8.3, and refuse further carriage of any such items upon discovery.

    8.4.2 We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers.

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

    8.5 RIGHT OF SEARCH
    For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your baggage. If you are not available, your baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your baggage contains any item described in Article 8.3.1 or 8.3.2 or any firearms, ammunition or weapons. If you are unwilling to comply with such request we may refuse to carry you and your baggage. In the event of a search or scan causes damage to you, or an x-ray or scan causes damage to your baggage, we shall not be liable for such damage unless due to our fault or negligence.

    8.6 CHECKED BAGGAGE
    8.6.1 Upon delivery to us of your Baggage that you wish to check we will take custody of it, and issue a Baggage Identification Tag for each piece of your Checked Baggage.

    8.6.2 Checked Baggage must have your name or other personal identification affixed to it.

    8.6.3 Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you within reasonable boundaries, unless applicable law requires you to be present for customs clearance.

    8.7 UNCHECKED BAGGAGE
    8.7.1 We may specify maximum dimensions and/or weight for Baggage that you carry on to the aircraft. If we have not done so, Baggage that you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or if it is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage.

    8.7.2 Objects which we deem unsuitable for carriage in the aircraft hold (such as delicate musical instruments), and which do not meet the requirements in 8.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.

    8.7.3 We assume no liability for any and all articles carried as unchecked baggage.

    8.8 COLLECTION AND DELIVERY OF CHECKED BAGGAGE
    8.8.1 Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.

    8.8.2 Only the bearer of the Baggage Identification Tag is entitled to delivery of the checked Baggage.

    8.8.3 If a person claiming Checked Baggage is unable to produce and/or identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.

    8.8.4 We do not accept any liability for scratches, scuffs, stains and other minor damage resulting from normal wear and tear.

    8.8.5 We assume no responsibility for the damage to or loss of protruding baggage parts such as wheels, straps, pockets, pull handles, hangar hooks or any other items attached to the baggage.

    8.8.6 We do not accept baggage weighing more than 32Kgs (100lbs) per piece or with total linear dimensions (total of height, width, breadth) of more than 115inches.

    8.9 ANIMALS
    We do not carry animals on our flights except for guide dogs on certain routes. Further details are available from us upon request.

  • ARTICLE 9 — SCHEDULES, CANCELLATIONS, DELAYS AND DIVERSIONS

    9.1 SCHEDULES
    9.1.1 The flight timings shown on your Ticket or elsewhere may change between the date of reservation, issuance of the ticket and the date of travel.

    9.1.2 When we accept your booking, we will notify you of the scheduled flight timings in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight timings after you have booked your flight. If you provide us with your personal e-mail address or personal telephone number , we will endeavour to notify you of any changes by such means. If, after you purchase your Ticket, but before the date of travel, we change the scheduled departure time by more than three hours and this is unacceptable to you and we are unable to book you on an alternative flight which is acceptable to you, you will be entitled to a travel credit voucher or, upon application, a refund in accordance with Article 10.2.

    9.2 CANCELLATION AND DELAYS
    9.2.1 We will take all necessary measures to avoid delay in carrying you and your baggage but times shown on timetables or elsewhere are not guaranteed and form no part of the agreement. We may without notice and in order to prevent a flight cancellation, substitute alternate carriers or aircraft and if necessary may alter, add or omit stopping places shown on the ticket or itinerary. Schedules are subject to change without notice. We are not responsible for or liable for failure to make connections or to operate any flight according to schedule or for a change to the schedule of any flight. Under no circumstances shall we be liable for any special, incidental or consequential damages arising from the foregoing.

    9.2.2 If we cancel a flight, fail to operate a flight reasonably according to schedule or cease to operate a route, we shall, at your option, either:

    9.2.2.1 carry you at the earliest opportunity on another of our scheduled services on which space is available between the same routing points (or on such other route as we may agree with you) and, where necessary, extend the validity of your Ticket, all without making any additional charge; or

    9.2.2.2 make a refund in accordance with the provisions of Article 10.2.
    Upon the occurrence of any of the events set out in this Article 9.2.2, the options set out in Article 9.2.2.1 and 9.2.2.2 are the sole and exclusive remedies available to you and we shall have no further liability to you.

    9.3 DIVERSIONS
    If, for reasons outside our control, we are unable to land at the airfield at your destination and are diverted so as to land at another airfield then the carriage by air shall, unless the aircraft continues to the original destination, be deemed to be completed when the aircraft arrives at that other airfield. We shall, however, arrange or designate alternative transportation, whether by our own services or by other means of transportation specified by us to carry you to the original destination as set out in your Ticket without additional cost.

  • ARTICLE 10 — REFUNDS

    10.1 REFUNDABILITY
    Except as provided in Articles 7.1.2, 10.2 and 10.3 of these Conditions, all monies paid for flights operated by ourselves are refundable (providing that the original fare was refundable) less an administration fee, see article 4.2.

    10.2 INVOLUNTARY REFUNDS
    10.2.1 If we cancel a flight, fail to operate a flight reasonably according to schedule or cease to operate a route, the amount of the refund shall be:

    10.2.1.1 if no portion of the Ticket has been used, an amount equal to the fare paid plus any associated taxes, fees and charges paid and collected by us. Any taxes, fees or charges paid for by you to other agencies are a matter entirely between you and them ;

    10.2.1.2 if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used plus any associated taxes, fees and charges paid (and collected by us) in respect of that part of the journey not undertaken.

    10.3 BEREAVEMENTS
    In the event of a bereavement of an immediate family member (mother, father, brother, sister, grandparent or child) within fourteen days of travel we will upon application, make a refund in line with Article 10.2.

  • ARTICLE 11 — CONDUCT ABOARD AIRCRAFT

    11.1 GENERAL
    If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which we reasonably believe may cause or does cause discomfort, inconvenience, damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the aircraft. No refund for any unused portion of your ticket will be made by us to you.

    11.2 ELECTRONIC DEVICES
    For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.

  • ARTICLE 12 — ADMINISTRATIVE FORMALITIES

    12.1 GENERAL
    12.1.1 You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.

    12.1.2 We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

    12.2 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, or are incomplete.

    12.3 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 and we may at our sole discretion use the monies paid on unused portions of your ticket as (part) payment of any costs incurred by us in removing you as directed by the Government concerned.

    12.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
    If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. 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.

    12.5 CUSTOMS INSPECTION
    If required, you shall attend inspection of your Baggage, by customs or other governmental or airport authorities. 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.

    12.6 SECURITY INSPECTION
    You shall submit to any security checks by duly authorised representatives of governments or airport authorities or by us.

  • ARTICLE 13 — LIABILITY FOR DAMAGE

    13.1 There are no financial limits to our liability for death, wounding or any other bodily injury suffered by a Passenger. We have strict liability up to USD 75.000 unless we can prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger. For claims in excess of this limit, we may be exonerated if we can prove that we and our agents took all necessary measures to avoid the damage or that it was impossible for us or them to take such measures.

    13.2 We will without delay, and in any event not later than fifteen (15) days after the identity of the natural person entitled to compensation has prima facie been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. Such payment shall not be less than USD 12.000 per Passenger in the event of death. Making an advance payment shall not constitute recognition of liability and may be offset against any subsequent settlement. Advance payments made hereunder shall not be returnable unless:

    13.2.1 we prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger; or

    13.2.2 where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation; or

    13.2.3 it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence.

    13.3 Subject to Articles 13.1 and 13.2 above, our liability provisions are as follows:

    13.3.1 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.

    13.3.2 We will not be liable for Damage to Unchecked Baggage unless such Damage is caused by our negligence.

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

    13.3.4 Our liability in the case of Damage to Baggage shall be limited to USD 20 per kilo (or equivalent) per passenger for checked baggage.

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

    13.3.6 We shall have no liability whatsoever for Damage to articles not permitted to be contained in Checked Baggage under Article 8.3, or for unsuitably packed, perishable, damaged or fragile Baggage or for minor damage to the exterior of Baggage (eg scratches, stains, soiling, dents) resulting from normal wear and tear or for water damage to non water-resistant Baggage.

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

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

    13.3.9 Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.

  • ARTICLE 14 — TIME LIMITATION ON CLAIMS AND ACTIONS

    14.1 NOTICE OF CLAIMS
    14.1.1 Acceptance of Checked Baggage by the bearer of the Baggage Identification Tag, without complaint and without completion of a Property Irregularity Report at the time of delivery, is prima facie evidence that it has been delivered in good condition and in accordance with the agreement for carriage.

    14.1.2 If you wish to file a claim or an action regarding Damage to Baggage, you must write and complain as soon as possible, attaching a copy of the Property Irregularity Report. In the case of Damage to checked baggage, you must write and complain within seven (7) Days and in the case of delay within twenty-one (21) Days, in both cases from the date on which the baggage was placed at your disposal. If an item of your checked baggage is reported lost and cannot be found within 21 days, it shall be presumed to be lost. In such a case, you must make a complaint to us requiring compensation within a further twenty-one (21) days, failing which Dutch Antilles Express shall not be liable to you.

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

     

  • ARTICLE 15 — MISCELLANEOUS 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 and conditions as varied from time to time are important. They concern among other things: flight and/or name changes, the carriage of young persons, reduced mobility passengers, pregnant or sick passengers, sports equipment, musical instruments, restrictions on use of electronic devices and items and the on board consumption of alcoholic beverages and/or drugs. Regulations and conditions concerning these and other matters are available from us upon request.

  • ARTICLE 16 — INTERPRETATION

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