CONDITIONS OF CARRIAGE
As used in this contract: "Carriage" means "transportation";
"Carrier" means Sunwing Airlines Inc. (“Sunwing Airlines”) or a carrier that carries, or undertakes to carry the passenger or his baggage hereunder or perform any other services incidental to such air Carriage;
"Electronic Ticket" means the itinerary/receipt issued by or on behalf of Carrier, the electronic coupons and, if applicable, a boarding document;
"Ticket" means this passenger ticket and baggage check, or this itinerary/receipt if applicable, in case of an electronic ticket, of which these conditions and notices form part;
“Montreal Convention” means the Convention for the Unification of Certain Rules for Internal Carriage by Air signed at Montreal, 28th May 1999;
"Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929, as amended.
- Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention or the Montreal Convention, whichever is in law applicable, unless such Carriage is not "international carriage" as defined by the applicable Convention. To the extent not in conflict with the foregoing, Carriage and other services performed by Sunwing Airlines are also subject to: (i) provisions contained in this Ticket, (ii) Sunwing Airlines’ applicable tariffs, and (iii) these Conditions of Carriage, notices and related regulations, which are all incorporated herein by reference and are available upon request at Sunwing Airlines’ offices.
- The agreed stopping places are those places set forth in this Ticket or as shown in the Carrier's timetables as scheduled stopping places on the passenger's route. If applicable, Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.
- The Carrier will be responsible for the furnishing of transportation only over its own lines. When any Carrier undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier (whether or not such transportation is part of a through service), such Carrier will act only as agent for such other carrier and will assume no responsibility for the acts or omissions of such other carrier.
- This Ticket is valid for Carriage only on the flights and dates shown thereon and are not refundable by Sunwing Airlines to the Passenger, except as provided by applicable fare conditions. Tickets are non-transferable. This Ticket will not be honoured and will lose its validity if all coupons are not used in the sequence provided for in the Ticket. Fare for Carriage hereunder is subject to change prior to commencement of Carriage. Sunwing Airlines may refuse transportation if the applicable fare has not been paid.
- Sunwing Airlines undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetable or elsewhere are not guaranteed and form no part of this contract. Sunwing Airlines may, without notice, substitute alternative Carriers or aircraft, and if necessary, may alter, add and/or omit stopping places shown on the Ticket. Schedules are subject to change with and Sunwing Airlines will make reasonable efforts to inform passengers of schedule changes. Sunwing Airlines assumes no responsibility for missed connections.
- Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage, loss or delay of baggage, please visit www.sunwing.ca. See applicable tariffs for further information.
- Passengers shall comply with all laws of each country from, through or to which the passengers travel and must comply with all Government travel requirements including, but not limited to, obtaining and presenting all necessary exit, entry or other required documents.
- No agent, servant or representative of Sunwing Airlines has authority to alter, modify or waive any provisions of this contract.
CARRIER RESERVES THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR VIOLATES CARRIER'S TARIFFS, RULES OR REGULATIONS.
THIS TICKET IS SOLD SUBJECT TO CARRIER’S APPLICABLE TARIFF.
NOTICE OF LIMITATION OF LIABILITY
The Montreal Convention or the Warsaw Convention, as applicable, may be applicable to your journey and these conventions govern and may limit the liability of Carriers for death or bodily injury, for loss or of damage to baggage and for delay. Any exclusion or limitation of liability of Carrier shall apply to, and be for, the benefit of agents, servants, and representatives of Carrier and any person whose aircraft is used by Carrier for Carriage and its agents, servants and representatives.
LIMITATION OF LIABILITY FOR DEATH OR PERSONAL INJURY: Liability for death or personal injury may be limited. For international travel, Sunwing Airlines’ liability will be limited by either the Montreal Convention or the Warsaw Convention, as applicable. For travel governed by the Warsaw Convention, Sunwing Airlines' liability will be limited to proven damages of Special Drawing Rights100,000 per passenger, excluding legal fees and costs.
For domestic travel, Sunwing Airlines’ liability will be limited to proven damages of $100,000 per passenger per incident, excluding legal fees and costs. In no case shall Sunwing Airlines’ liability exceed the actual loss suffered by the passenger. All claims are subject to proof of amount of loss.
LIMITATION OF LIABILITY FOR BAGGAGE: Liability for loss, delay or damage to baggage is limited. For international travel, Sunwing Airlines' liability will be limited by either the Montreal Convention or the Warsaw Convention, as applicable. For travel governed by the Montreal Convention, Sunwing Airlines' liability for loss, damaged or delayed baggage is limited to 1,131 Special Drawing Rights for each passenger. For travel governed by the Warsaw Convention, Sunwing Airlines' liability for loss, damaged or delayed baggage is limited to the sum of 250 francs per kilogram.
For domestic travel only, Sunwing Airlines' liability as a result of damage and/or loss is 1,131 Special Drawing Rights per bag.
In no case shall Sunwing Airlines' liability exceed the actual loss suffered by the passenger. All claims are subject to proof of amount of loss.
Sunwing Airlines shall not be liable for damage to fragile, valuable or perishable items where such damage is the result of the inherent defect, quality or vice of the item in question. In the case of damaged checked baggage, Sunwing Airlines' liability shall be limited to repairing the damaged bag, paying the cost of the repair, if such were pre-approved by Sunwing Airlines on the basis of an estimate or replacing the bag if it is not repairable.
If your journey involves Carriage by different Carriers, then you should contact each Carrier for information on their Conditions of Carriage and limits of liability.
As a Canadian carrier Sunwing is required by law to publish its terms and conditions of carriage on this website and make it available for inspection. A tariff is a document that contains published fares, charges and related terms and conditions of carriage applicable to air services.
For full details, please refer to: Domestic Scheduled Tariff (PDF) | International Scheduled Tariff (PDF) | Charter Scheduled Tariff (PDF)