General Conditions of Carriage AFG

  • “Airline Designator Code” means the letter and number code which identify a particular carrier.
  • “Baggage” or “baggage” means your personal property accompanying you on your flight. Unless otherwise specified, it includes both your Checked and Unchecked Baggage;.
  • “Baggage Check” means a document issued to Passenger by us as proof of receipt for Checked Baggage and which relate to the carriage of Checked Baggage and includes the Baggage Identification Tag.
  • “Baggage Identification Tag” means a document issued by us solely for identification of Checked Baggage.
  • “Charges” means the Passenger Service Charge, Administrative Charges, Fuel Surcharge and the Insurance Surcharge or any charges, which may be levied from time to time.
  • “Checked Baggage” means baggage of which we take custody and for which we have issued a Baggage Identification Tag; it is also sometimes referred to as “registered baggage”.
  • “Conditions of Contract” means those statements contained in or delivered with the Itinerary, identified as such and which incorporate by reference, these General Conditions of Carriage and notices available at our offices and check-in counters.
  • “Convention” means whichever of the following instruments which are applicable:-
  • The Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw, 12 October 1929 (referred to as the Warsaw Convention);
  • The Warsaw Convention as amended at The Hague on 28 September 1955;
  • The Warsaw Convention as amended by Additional Protocol No 1 of Montreal (1975);
  • The Warsaw Convention as amended at The Hague and by Additional Protocol No 2 of Montreal (1975);
  • The Warsaw Convention as amended at The Hague and by Additional Protocol No 4 of Montreal (1975);
  • The Guadalajara Supplementary Convention signed at Guadalajara, 19 September 1961; or
  • The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 29 May 1999 (referred to as the Montreal Convention).
  • “Damage” includes death, bodily injury to a passenger, delay, loss, partial loss or other damage, arising out of or in connection with carriage or other services incidental thereto performed by us.
  • “Electronic Coupon” means an electronic flight coupon or other value document held in our database.
  • “Electronic Ticket” means the Itinerary issued by us or on our behalf, the Electronic Coupon and if applicable, a boarding document.
  • “Fees Schedule” means the schedule as published in our Website listing the prevailing surcharges, fees, taxes, processing fees and service charges, which may be amended from time to time.
  • “General Conditions of Carriage” means these Terms and Conditions of Carriage.
  • “Itinerary” or “Travel Itinerary” means the document we issue to Passenger that includes the Passenger’s name, flight information, booking number, Conditions of Contract and other notices, which we may include therein.
  • “Passenger”, “you”, “your” and “yourself” means any person, except members of the crew, carried or to be carried in an aircraft with our consent and expressly named in a Ticket or Itinerary.
  • “Route” means the flight from the airport at the point of origin to the airport at the point of destination.
  • “Seat” means a seat in our aircraft operated for your flight.
  • “Tariff” means our fares and Charges published electronically or on paper.
  • “Ticket” means the Itinerary and includes the Electronic Ticket and Electronic Coupon issued by us or on our behalf including the Conditions of Contract and notices.
  • “Unchecked Baggage”, means any baggage other than Checked Baggage including all items brought by you into the aircraft cabin.
  • “We”, “our”, “ourselves”, “us” and “Carrier” means AFG

1.2 Captions:The title or caption of each Clause of these General Conditions of Carriage is for convenience only and is not to be used for interpretation of the text.

1.3 Language:The language of these General Conditions of Carriage is English and irrespective of publication of translations of these General Conditions of Carriage into other languages, English shall be the sole language used in the interpretation of these General Conditions of Carriage.

Application of these General Conditions of Carriage

2.1 General:These General Conditions of Carriage apply to the carriage by air or by surface transportation of Passengers and Baggage performed by us or on our behalf and to any liability we may have in relation to that carriage and transportation.

2.2 General Conditions of Carriage Prevail:These General Conditions of Carriage shall also apply to gratuitous or promotional fare carriage except to the extent that we have provided otherwise in the Conditions of Contract attached to such carriage. In the event of inconsistency between these General Conditions of Carriage and any Conditions of Contract or any other regulations we may have dealing with particular subjects, these General Conditions of Carriage shall prevail.

2.3 Charters:If carriage is performed pursuant to a charter agreement, these General Conditions of Carriage shall apply only to the extent provided in the charter agreement and the charter ticket. Where there are no charter regulations applicable, these General Conditions of Carriage shall apply to such carriage in so far as they are not excluded by or inconsistent with the terms of the charter agreement and the charter ticket. By accepting the carriage pursuant to a charter agreement, whether or not concluded with the passenger, the passenger agrees to be bound by the applicable provisions of such agreement.

2.4 Code Shares:On some services we have arrangements with other carriers known as “Code Shares”. This means that even if you have a reservation with us and hold a Ticket where our name or Airline Designator Code is indicated as the carrier, another carrier may operate the aircraft. In such cases, where there is any difference between our General Conditions of Carriage and those of the carrier operating the aircraft, the latter will prevail. If such arrangements apply we will advise you of the carrier operating the aircraft before you purchase your Ticket.

2.4.1 No Show:If you do not use a reservation and fail to advise us in advance, any onward or return reservations of your journey may be cancelled.

Tickets / Itinerary

3.1 Evidence of Contract:The Itinerary shall be principal evidence of the contract for carriage between Passenger and us. The Itinerary, these General Conditions of Carriage and our Conditions of Contract (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between Passenger and us.

3.2 Identity:We will provide carriage only to the Passenger named in the Itinerary or Electronic Ticket. You will be required to produce appropriate identification at check-in in accordance with clause 6.6 below.

3.3 Validity:A Ticket is only valid for the Passenger named and the flight specified therein.

Fares

4.1 General:Fares apply only to carriage from the airport at the point of origin to the airport at the point of destination unless we say otherwise. Fares do not include ground transport services between airports and between airports and town terminals.

4.2 Infants:Infant(s) whose age on the date of travel is below two (2) years but above eight (8) days old shall be subject to the prevailing fees as provided for in the Fees Schedule. An infant may travel provided he sits on an adult’s lap. Only one (1) infant is allowed per adult. We do not allow baby seats, carriers or strollers on board the aircraft and the same must be stowed in the aircraft hold during flight.

4.3 Government Taxes, Charges and Insurance Surcharge:Any taxes, charges or insurance surcharge imposed on air travel by the Government, relevant authority or the airport operator (in whichever country or locality) in respect of Passenger’s use of any of our services or facilities will be in addition to our fares, administration fees and charges and shall be borne by Passenger, unless otherwise specifically stated by us or set out in our Conditions of Contract. The aforementioned taxes, charges and insurance surcharge imposed on air travel may change from time to time and can be imposed even after the confirmation of Passenger’s booking and shall still be borne by Passenger as and when they fall due prior to departure.
Please refer to our Fees Schedule for the prevailing amount payable.

4.4 Currency:Fares and charges are payable in the currency prescribed with our published fares unless otherwise specifically stated by us.

4.5 Accuracy:All of our fares and charges, flight schedules and routes published are correct at the time of its publication. We reserve the right to revise any fares (including the Conditions of Contract) and flight schedules at any time and from time to time at our discretion and without first notifying you.

4.6 Applicable Fares:Applicable fares are those published by us or on our behalf, whether electronically or by any other medium. Fares may exclude administration fees, service charges and other charges unless otherwise specifically stated by us.

5.1 Confirmation of Booking:The booking of a Seat is confirmed after full payment of the Tariff is received by us and Passenger is issued withan emailItinerary. In the event that the Tariff has not been paid in full when a booking is confirmed for any reason whatsoever, we reserve the right to cancel the booking prior to check-in and/or to disallow you to board the aircraft. Once confirmed, the booking cannot be cancelled and Tariff paid is not refundable. If Passenger fails to travel on the flight booked, the booking will lapse and not be substitutable for other flights.

5.2 Group Bookings:These are governed by specific terms that vary from time to time. Please contact us for further details.

5.3 Flight Change:Once a booking number has been issued, all flight changes are subject to the following terms:

5.3.1 No changes are allowed for any flight changes made within two (2) hours prior to the scheduled flight departure time.

5.3.2 Flight changes up to two (2) hours from the scheduled flight departure time shall be subject to payment of the charges as provided for in the Fees Schedule, and shall further be subject to the following conditions:

  • if a lower fare is available, the difference in fares will not be refunded to the Passenger;
  • if the new flight booked is in a higher fare class than that of the cancelled booked flight, the difference in fares shall be paid by the Passenger before the cancellation or change can be made;
  • the change is not confirmed until we issue you a revised Itinerary and/or booking number;
  • changes are subject to fare rules.

5.3.3 Name Change and route change are strictly not permitted on a confirmed booking.

Please refer to our Fees Schedule for the prevailing amount payable.

5.4 Personal Data:You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for carriage with us and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative, sales, marketing, promotional and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you. For these purposes, by entering into a contract of carriage with us you authorize us to retain and use your personal data and to transmit it to our own offices, authorized agents and third party business associates, government agencies, other carriers or the providers of the services mentioned above irrespective of where they may be located.

5.5 Seating:We operate on a single-class policy and we do not guarantee allocation of assigned seat in the aircraft and the Passenger agrees to accept any seat that may be allotted on the flight for which the Ticket has been issued. We reserve the right to assign or reassign Seats at any time; even after Passenger has boarded the aircraft or even if Passengers have selected a seat of choice during booking and have paid the requisite fee; as may be necessary for operational, safety or security reasons.

6.1 Check-In, Deadlines and Conditions:Our check-in counters are open ninety (90) minutes and close thirty (30) minutes before the domestic scheduled flight departure time and forty five (45) minutes for international scheduled flight departure time. Check-in deadlines may vary at different airports and for particular flights; it is your responsibility to ensure that you comply with these deadlines, the particulars of which will be available at the time you make your booking. In any event, without derogating from the generality of other provisions of these General Conditions of Carriage governing the right of refusal of carriage, we reserve the right not to allow you to check in without any liability to you and without having to refund to you any Tariff paid:

  1. if you fail to have proper identification or fail to identify yourself to our staff as Passenger;
  2. if you fail to have the proper valid documents, permits, visa or necessary for travel to or entry into a particular place or country;
  3. if you have not fully paid any fare or other fees or charges due to us;
  4. if you have been violent to our staff or caused any disturbance or nuisance at our counter or have abused our staff whether physically or verbally;
  5. if you are prohibited from checking in or boarding the aircraft by the Government or any other authorities for any reason whatsoever;
  6. if in our judgment, you are not fit to travel due to intoxication or any obvious adverse medical condition;
  7. if in our judgment, you are not medically fit to travel or your medical condition poses or could pose a danger or threat to the health of other passengers or the smooth operation of the flight; and/or
  8. if you will not surrender your travel documents for our or our agents’ or authorities’ inspection or to be lawfully held by them when so requested.

6.1.2 Self Check-in:We offer self-check-in facilities via web or kiosk for selected flights. The facilities are subject to specific requirements which may be viewed on our website under “Self Check-In”.

6.1.3 No changes after Check-In:Once you have Checked-In, you are not allowed to make any changes to your booking.

6.2 Boarding:You must be at the boarding gate at least thirty (30) minutes before the scheduled departure time. Priority for boarding is given to the handicapped, elderly and those traveling with young children and requiring special assistance.

6.3 No-show:If you fail to check in on time or fail to board the aircraft by the time the aircraft departs; the Tariff you paid will not be refunded to you for any reason whatsoever.

6.4 Compliance:You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries flown from, into or over and with our General Conditions of Carriage (and any Special Conditions), notices and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents and/or approvals or complying with such laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, notices, requirements or instructions.

6.5 Travel Documents:Passengers are responsible for obtaining and must possess and have available for presentation as required by the relevant authorities at all entry and exit, health and other documents required by law, regulations, order, demands or requirements of the countries flown from, into or over. We reserve the right to deny the boarding of any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements. For that purpose, each Passenger is required to have either: -

  • Malaysian National Registration Identity Card – MyKad/MyK1 ID/MyPR (original copy);
  • Enforcement agency identification card with original copy ( limited only to PDRM. SPRM and ATM);
  • College student card, I PASS / I CARD (foreign students only) issued by Malaysian Immigration Department (together with original passport);
  • Malaysian Parliament card;
  • Diplomatic card (issued by embassy office or Malaysian Foreign Ministry);
  • Cabin crew identification card (crew ID);
  • Original birth certificate (issued by Malaysian National Registration Department);
  • A valid passport (foreigners)

All of the above documents must be presented in original copies, and NO photocopy or duplication can be accepted upon check in or at any time before boarding.

6.6 Documents Advisory:You are required to produce the following document(s) of identification (whichever applicable) at the point of check-in:-

6.6.1 In respect of domestic Routes:Adults are required to produce a Photo Identification or valid Passport for all flights. Copies of children’s Birth Certificates** are required to be produced before they are allowed to board. Malaysian children travelling to Sabah or Sarawak:

  • Children under the age of 12 are allowed to board by producing either original of their birth certificates or MyKid cards.
  • Children aged 12 and above shall be required to produce their original birth certificates or MyKad cards.

** The following shall qualify in lieu of Birth Certificates for children: MyKid for Malaysia, National ID Card for Thailand, Kartu Keluarga for Indonesia and passports for all other countries.

6.6.2 In respect of international Routes:All passengers must possess and produce valid Passports with at least six (6) months’ validity and the applicable valid visas. Such Passengers shall possess a return or an onward journey ticket.

6.7 Refusal of Entry:You agree to pay the applicable Tariff and/or penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, due to your inadmissibility into a country, whether of transit or destination. In such event the fare paid for your travel will not be refunded to you.

6.8 Passenger Responsible for Fines, Detention Costs, Medical Costs etc.:If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries flown from, into or over or to produce the required documents, or administering any medical care including paramedic services in cases of emergencies at the ports of departure and arrival, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you, which are still in our possession.