By making a reservation for a flight with FLY ONE AIRLINES, you expressly acknowledge and agree to the General Conditions of Carriage applicable to both yourself and the baggage being transported. You are respectfully requested to carefully review these conditions.
Article 1: Definitions
Authorized Agent: A sales agent designated by the carrier to represent it in the sale of air transportation for passengers on its services.
Baggage: Articles, effects, and other personal belongings of the passenger intended for carrying, use, comfort, or convenience during travel. Unless otherwise specified, the term includes both checked and unchecked baggage.
Checked Baggage: Baggage accepted by the carrier for transport, for which the carrier issues a baggage check.
Unchecked Baggage: Any baggage other than checked baggage.
Ticket: A document entitled “Passenger Ticket and Baggage Check,” issued by or on behalf of the carrier, including in electronic format. It contains the conditions of the contract, notices, flight coupons, and the passenger coupon.
Conjunction Ticket: A ticket issued in conjunction with another ticket, together constituting a single transportation contract.
Electronic Ticket: A ticket stored by the carrier or at its request in a computerized reservation system, containing the passenger’s identification details, booking code, itinerary, departure date and time, fare, and any applicable charges, which serves as proof of the passenger’s right to transportation.
Baggage Check: The portion of the baggage identification tag issued by the carrier to the passenger concerning the transport of checked baggage.
Carrier Code: The code assigned by IATA, identifying each member carrier through two or more alphabetic, numeric, or alphanumeric characters, which is indicated on the Ticket in association with the flight number.
Convention: Refers to any of the following applicable conventions:
– The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on October 12, 1929 (hereinafter referred to as the Warsaw Convention);
– The Hague Protocol of September 28, 1955, amending the Warsaw Convention;
– Additional Protocols No. 1, 2, and 4 of Montreal (1975), amending the Warsaw Convention;
– The Guadalajara Supplementary Convention (1961);
– The Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on May 28, 1999, hereinafter referred to as the Montreal Convention (1999),
depending on their applicability and as periodically amended;
– The Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft, concluded in Tokyo on September 14, 1963 (the Tokyo Convention).
Passenger Coupon: The portion of the ticket bearing this designation, which must be retained by the passenger.
Flight Coupon: The portion of the ticket issued by or on behalf of the carrier, bearing the indication “valid for carriage” and specifying the points between which the passenger is entitled to be transported, including in electronic format.
Damage: Includes death, bodily injury, partial loss, or any other harm of any nature arising from or in connection with the carriage or any additional services provided by the carrier.
SDR (Special Drawing Rights): Special Drawing Rights as defined by the International Monetary Fund.
Baggage Tag: A document issued by the carrier exclusively for the identification of checked baggage.
Baggage Identification Form: A tag issued by the carrier solely for the identification of checked baggage, comprising one part attached to the baggage and another provided to the passenger for identification purposes. It contains information such as the passenger’s name, date, flight, destination, number of checked baggage items, and baggage weight, and must be retained by the passenger.
Force Majeure: Extraordinary and unforeseeable circumstances beyond the control of the passenger and/or the carrier, the consequences of which could not have been avoided even if all due precautions had been taken.
Agreed Stopping Places: Locations indicated on the ticket or included in the carrier’s schedule as scheduled stops on the passenger’s itinerary, excluding the place of departure and the final destination.
Community Air Carrier: A carrier holding a valid operating license issued by a Member State of the European Union in accordance with Council Regulation (EEC) No. 2407/92 on the licensing of air carriers.
Passenger: Any person who is or is to be transported under an air transport document, excluding crew members.
Passenger with Reduced Mobility: Any person whose mobility is impaired for the purpose of using a means of transport due to a physical disability (sensory or locomotor, whether temporary or permanent), a mental impairment, age, or any other form of disability, and whose situation requires special attention and the adaptation of generally available services to meet their specific needs.
Person Entitled to Compensation: The passenger or any other person claiming compensation on behalf of the passenger in accordance with applicable legislation and the relevant General Conditions.
Involuntary Refund: The partial or full refund of a ticket due to reasons beyond the passenger’s control, as specified in Article 3, paragraph 3.A of these General Conditions.
Voluntary Refund: The partial or full refund of a ticket other than an involuntary refund.
Reservation: Equivalent to the term “seat hold,” meaning the advance allocation of a seat or sleeping space for a passenger, or space or volume for baggage.
Tariff: The published fares, charges, and/or transport conditions, as registered, where applicable, with the relevant authorities.
Transportation: The air transportation of the passenger and their baggage, performed with or without consideration, including services related to such transportation.
Carrier: Refers to FLY ONE AIRLINES and any airline other than FLY ONE AIRLINES that has issued the ticket, whose Designator Code appears on the Ticket or a Conjunction Ticket, as well as all airlines that transport the passenger and/or their baggage or undertake to provide any other service related to such transportation.
Actual Carrier or “Operating Carrier” refers to the carrier that actually operates the flight.
Contracting Carrier or “Contractual Carrier” refers to the carrier with which the Passenger has concluded a Contract of Carriage and whose Designator Code appears on the Ticket.
Volunteer: A person who presents themselves for boarding and is willing to relinquish their confirmed reservation at the carrier’s request in exchange for compensation.
Days: Calendar days, including Sundays and public holidays. For notifications, the day of dispatch is not counted. When determining the period of validity, the day of ticket issuance or the day of flight commencement is not included.
International Flight: As defined by the Convention, any flight for which the departure point, destination, and any agreed stopping point are located within the territories of at least two states that are parties to the Convention, regardless of any intermediate stopovers or aircraft changes, or within the territory of a single state if an intermediate stopover in another state is scheduled, regardless of whether that state is a party to the Convention.
Article 2: Scope of Application
1. General Provisions
a) These General Conditions of Carriage constitute the conditions of carriage of FLY ONE AIRLINES, as referenced on the travel ticket. Subject to paragraph 2 of this Article, they apply to any carriage of passengers and baggage only on flights or segments where FLY ONE AIRLINES is designated as the carrier.
b) These General Conditions also apply to transportation provided free of charge or at reduced tariffs, except where otherwise stipulated by the carrier’s regulations, contracts, or tickets issued for such transportation.
c) The entire transportation activity is subject to the General Conditions of Carriage and the tariffs regulations of the Carrier in effect on the date the ticket is paid for by the passenger.
d) These General Conditions of Carriage are available at FLY ONE AIRLINES, its authorized agents, and on the website www.flyone.eu.
e) In the case of combined transportation involving both air transport and other modes of transportation, these General Conditions apply exclusively to the air transport portion. They shall apply to other modes of transport only if expressly stated in the transport document/contract.
2. Charter Flights
When transportation is performed under a charter agreement, these General Conditions apply only to the extent provided in the charter contract or in the transport document issued in connection with such contract.
3. Code-Share Flights
On certain routes, FLY ONE AIRLINES has entered into agreements with other carriers, referred to as “Code Shares.”. This means that another airline may operate a flight even though FLY ONE AIRLINES appears as the carrier on the ticket. These General Conditions apply to such transportation.
For code-share flights, FLY ONE AIRLINES will inform the passenger of the actual carrier’s identity as soon as it is known, and no later than during the check-in process or, in the case of a connection without check-in, at the time of boarding.
4. Validity
Air transport is governed by the General Conditions and tariff regulations of the carrier that are in effect at the time of reservation or, if a ticket is issued without a prior reservation, at the time of ticket issuance, corresponding to the payment of its price.
5. Overriding Law
These General Conditions of Carriage shall apply insofar as they do not conflict with applicable laws, in which case the relevant laws shall prevail. The invalidity of any provision of these General Conditions shall not affect the validity of the remaining provisions, except in cases where the performance of the Contract of Carriage is impossible in the absence of the nullified clause, in which case such clause shall be deemed essential to the contract.
6. Overriding Effect of the General Conditions over Carrier’s Regulations
Unless otherwise provided in these General Conditions, in the event of any conflict between these General Conditions and the carrier’s regulations, the provisions of the General Conditions shall prevail.
Article 3: Travel Ticket
1. General Provisions
a) The ticket constitutes confirmation of the conclusion of the contract of carriage between the carrier and the passenger specified on the ticket. The carrier shall provide transportation services only to the passenger named on the ticket, and the passenger may be required to verify their identity.
b) The ticket is non-transferable. If a ticket is presented by a person other than the one named on the ticket as entitled to transportation or a refund, the carrier shall not be held liable to the rightful ticket holder if, in good faith, it transports the person presenting the ticket or refunds the value of the ticket to them.
c) A ticket shall be issued only upon full payment of the applicable tariff or under credit facilities established exclusively by the carrier. Some tickets are sold at reduced rates, which may be partially or entirely non-refundable. The passenger must select the tariff that best suits their needs. It is the passenger’s responsibility to inquire, at the time of booking, about the conditions applicable to ticket use and, if necessary, to take appropriate measures in case they need to cancel their journey.
d) Passenger transportation shall only be authorized upon presentation of a valid travel ticket, lawfully issued in accordance with the carrier’s regulations. The ticket must contain a valid flight coupon for the respective transport, all other valid flight coupons for the journey, and the passenger coupon. The passenger is not entitled to transportation if the ticket presented is damaged or has been altered by any entity other than the carrier or its authorized agent. The passenger must retain the passenger coupon and any unused flight coupons throughout the journey and present them to the carrier upon request. In the case of electronic tickets, the passenger must verify their identity and shall only be carried on the flight if an electronic ticket has been issued in their name.
e) In the event of loss, theft, or damage of the ticket (or any part thereof), or if a ticket is presented without the passenger coupon and all unused flight coupons, the carrier may, at the passenger’s request, replace the ticket (or the relevant part thereof) by issuing a new ticket, provided that there is sufficient evidence, readily ascertainable at the time, that a valid ticket for the relevant flight(s) was duly issued. The replacement is subject to the passenger signing an indemnity agreement, whereby they undertake to compensate the carrier up to the value of the original ticket for any costs or charges incurred due to the fraudulent use of the lost or damaged ticket. If such proof is not provided or if the passenger refuses to sign the indemnity agreement, the carrier issuing the replacement ticket has the right to require the passenger to pay the full fare of a new ticket. This payment may be reimbursed by the issuing carrier if it is later confirmed that the lost or damaged ticket was not used within its validity period or if the original ticket is found before its expiration and returned to the carrier. The issuing carrier may charge an administrative fee for this service unless the loss, theft, or damage of the ticket resulted from the negligence of the issuing carrier or its agent.
f) The passenger is fully responsible for ensuring the ticket’s safekeeping to prevent loss, theft, or damage.
g) Used flight coupons remain the property of the issuing carrier. The passenger may be required to present a valid identification document at any time.
2. Validity Period
Unless otherwise specified on the ticket, in these General Conditions, or in the applicable tariffs (which may limit the ticket’s validity, in which case such limitation shall be indicated on the ticket), a ticket shall be valid for:
a) One year from the date of issuance; or
b) One year from the commencement of travel on the first flight coupon of the ticket, provided that travel begins within one year of issuance.
A ticket issued at a special tariff shall be valid for carriage only within the period and under the conditions specified in the carrier’s tariff regulations.
3. Extension of Validity
A. If a passenger is unable to travel within the validity period of the ticket due to the carrier’s actions, including the following circumstances:
a) The carrier is unable to provide a seat on the flight and date requested by the passenger;
b) The carrier cancels the flight for which the passenger holds a reservation;
c) The carrier removes a scheduled stopover that constitutes the place of departure, destination, or stopover;
d) The carrier does not operate the flight within a reasonable timeframe in relation to the scheduled flight time;
e) The carrier causes the passenger to miss a connection;
f) The carrier changes the class of service on the aircraft;
g) The carrier is unable to provide the seat previously confirmed, then the validity of the ticket shall be extended until the next available flight of the carrier on which a seat is available in the class corresponding to the fare paid.
B. If, after commencing travel, a passenger is unable to continue their journey within the ticket’s validity period due to medical reasons, the carrier shall extend the validity period until the date on which the passenger is fit to travel or until the first flight operated by the carrier after that date, departing from the point where the journey resumes and on which a seat is available in the class corresponding to the fare paid. The passenger must provide a valid medical certificate confirming the medical reasons, which must not have been known to the passenger at the time of booking or, as applicable, at the time of ticket issuance. If the unused flight coupons include one or more stopovers, the ticket validity may be extended by a maximum of three months from the date indicated on the medical certificate. Under the same conditions, the validity of tickets for immediate family members accompanying the passenger unable to travel due to medical reasons may also be extended.
C. In the event of a passenger’s death during the journey, the validity of the tickets of those accompanying the deceased passenger may be modified by waiving the minimum stay requirement or by extending the validity period. In the event of the death of a passenger’s spouse or a close family member who was accompanying the passenger on the journey, the validity of the tickets of the passenger and their close family members may be modified in the same manner. Such modifications shall be made upon presentation of a death certificate. The extension of the ticket validity shall not exceed 45 days from the date of death.
4. Sequence of Flight Coupons
a) The carrier shall honor flight coupons in their sequential order, starting from the place of departure indicated on the ticket. The ticket shall not be valid for carriage and shall lose its validity if all coupons are not used in their designated sequence as per the ticket. The ticket shall not entitle the passenger to commence their journey from one of the specified stopover points if the first flight coupon for an international sector has not been used for carriage. The fare applied at the time of ticket issuance is valid exclusively for a complete ticket, in accordance with the itinerary’s sequence and the reserved dates.
b) A passenger who wishes to change their itinerary (departure point, stopover, or destination, as indicated on the ticket) must contact the carrier in advance. The applicable fare for the revised route shall be recalculated, and the passenger may choose either the new fare or to retain the original itinerary. If the passenger is compelled to change their itinerary due to force majeure, they must notify the carrier as soon as possible. The carrier shall make reasonable efforts to transport the passenger to the next stopover or final destination without recalculating the fare, provided that the passenger furnishes sufficient evidence substantiating the force majeure event.
c) If the passenger modifies the itinerary without the carrier’s approval, the carrier shall recalculate the applicable fare for the revised route. The passenger shall pay the difference between the original fare and the applicable fare for the new route. If the new fare is lower than the original fare, the carrier shall refund the difference to the passenger.
d) Each flight coupon is valid for transportation in the specified class, on the date and flight corresponding to the reservation. For flight coupons issued without a reservation, a booking may be made at the passenger’s request, subject to the carrier’s tariff regulations and seat availability.
5. Carrier’s Name
The carrier’s name may appear in abbreviated form on the ticket.
Article 4: Stopovers
A stopover refers to a planned/deliberate interruption of the journey, authorized in advance by the carrier, at a point located between the place of departure and the final destination. For tickets issued at the normal tariff, stopovers are permitted at all scheduled stop points throughout the ticket’s validity period, provided they are not prohibited by governmental regulations, the carrier’s rules, or the flight schedules. For tickets issued at special tariffs, stopovers are subject to the limitations and restrictions established in the carrier’s regulations. A supplementary charge may be imposed for stopovers, in accordance with the carrier’s regulations.
Article 5: Tariffs and Charges
1. General Provisions
Tariffs apply solely to air transportation from the airport of origin to the airport of destination, unless otherwise specified. They do not include ground transportation between airports or between an airport and a city.
2. Applicable Tariffs
The applicable tariffs for transportation are those published by the carrier or, in the absence thereof, those established in accordance with the carrier’s regulations. Unless otherwise specified, the applicable tariff is the tariff in effect on the date of ticket payment for the specified route and travel dates. Any modification of the route or travel dates by the passenger may impact the applicable tariff. If the fare paid does not correspond to the applicable tariff, the difference shall be either paid by the passenger or refunded by the carrier, as the case may be.
3. Routes
Unless otherwise provided by the carrier’s regulations, tariffs apply only to the routes published for those tariffs. If multiple routes are available for the same tariff, the passenger may specify the desired route before ticket issuance. If no route is specified, the carrier may determine the route.
4. Charges Imposed on the Passenger
Charges imposed on the passenger by governmental authorities, any other authority, or the airport operator are not included in the applicable tariffs and shall be paid by the passenger unless already included in the fare. These charges are subject to regular adjustments and may be introduced even after ticket issuance. If a new charge is introduced or an existing charge recorded on the ticket is increased, the passenger shall pay the corresponding amount. Conversely, if a charge included in the ticket price is reduced or eliminated, the passenger shall be entitled to claim reimbursement of the corresponding amount.
5. Currency of Payment
Subject to applicable legal provisions, tariffs and charges shall be payable in any currency accepted by the carrier. When payment is made in a currency other than that in which the tariff is published, the exchange rate applied shall be the rate determined by the carrier for this purpose.
6. Payment of Tariffs and Charges
The carrier is not obligated to transport a passenger or their baggage and may refuse to continue the journey if the applicable tariff or any charges due by the passenger have not been paid.
Article 6: Reservations
1. Reservation Conditions
a) Reservations shall be made by the carrier or its authorized agents. Confirmation of reservations shall be subject to seat availability. Upon the passenger’s request, the carrier shall provide written confirmation of the reservation.
b) Certain tariffs may impose restrictions or limitations on the passenger’s right to modify or cancel a reservation. The passenger is responsible for informing themselves about these tariffs and special conditions. If a passenger fails to fully pay for the ticket within the deadline specified by the carrier or its authorized agent, the reservation may be canceled, and the seat may be allocated to another passenger without the carrier assuming any liability.
c) It is the passenger’s responsibility to verify whether they have received the travel ticket or itinerary, as well as payment confirmation, at the email address provided. If these documents have not been received, the passenger must notify the carrier accordingly. In the event that a passenger presents themselves at the check-in desk at an airport without full payment confirmation, the carrier may refuse boarding, and the passenger shall not be entitled to claim compensation under Regulation (EC) No. 261/2004.
2. Deadline for Ticket Issuance
The carrier may cancel a reservation without prior notice if the passenger has not paid for the ticket within the deadline specified by the carrier or its authorized agent.
3. Passenger’s Personal Data
The passenger is fully responsible for accurately providing and entering their personal data, as required for making a reservation or issuing a ticket. By making a reservation or paying for a ticket, the passenger expressly consents to the necessity of providing such data for the conclusion of the contract of carriage. The passenger shall be informed of their right to object to the collection and processing of their personal data. However, they shall also be informed that such an objection may result in the cancellation of their journey or restrictions on access to certain special services (such as specific meal options, etc.).
Additionally, if a passenger requires special assistance due to their medical condition, pregnancy, or the need for specific equipment or medical devices (such as but not limited to stretchers, wheelchairs, oxygen supply, etc.), it is the passenger’s responsibility to fully and accurately communicate this information at the time of booking or ticket purchase. If such information is not provided at least 48 hours before the scheduled departure, the carrier may not be able to take the necessary safety measures, and boarding may be denied to the passenger.
The passenger acknowledges that they have provided their personal data to the carrier for the purpose of making reservations, issuing a ticket, obtaining ancillary services, facilitating border and customs clearance procedures, and ensuring that governmental authorities have access to such data. To this end, the passenger authorizes the carrier to store these data and transmit them to its employees, authorized agents, other carriers, ancillary service providers, or governmental authorities, regardless of the country in which they are located, while ensuring compliance with all applicable data protection regulations.
Personal data shall be collected in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation – GDPR) and for the purposes provided therein, in relation to the carrier’s business operations.
Personal data shall be retained for a period of two years. The carrier ensures the necessary conditions for securely storing and safeguarding the collected data.
Every passenger has the right to request access to their collected personal data, rectification or deletion of such data, restriction of processing, or to object to processing, as well as the right to data portability. To exercise any of these rights, the passenger must submit a written request to the carrier at the following email address: office@fly-one.ro.
At the time of making a reservation or purchasing a ticket, the passenger shall be asked for their consent regarding the use of their personal data for commercial offers from the carrier or its agents/partners. If the passenger does not express any objection, consent shall be deemed granted. The passenger may object or withdraw their consent at any time.
4. No Seat Guarantee
The carrier shall make every reasonable effort to ensure that the previously assigned preferred seat is available. However, if a change in aircraft configuration occurs or if an aircraft with a different configuration than the one initially available at the time of booking is used, FLY ONE reserves the right to modify the selected seat. At check-in, the passenger shall be assigned a new seat. The carrier also reserves the right to modify the assigned seat even after boarding, for operational, safety, or security reasons. Any such modifications shall not give rise to any liability on the part of the carrier.
5. Reservation Reconfirmation
a) The carrier shall inform the passenger if reconfirmation of a continuing or return flight reservation is required and under what conditions (deadline, method). If the carrier requires the passenger to reconfirm the reservation, failure to comply with this requirement entitles the carrier to cancel the unconfirmed reservation. If the passenger notifies the carrier of their intention to travel, the carrier shall, subject to seat availability on the respective flight, revalidate the reservation and ensure the passenger’s journey. In the event that no seats are available on the flight, the carrier shall make reasonable efforts to transport the passenger to the next stopover or final destination.
b) The passenger is responsible for verifying the reconfirmation requirements of any carrier involved in their journey. If required, the passenger shall reconfirm the reservation with the carrier whose code appears next to the flight number on the ticket.
6. Cancellation of Reservations by the Carrier
If a passenger fails to present themselves for a flight without prior notice to the carrier, the carrier may cancel the reservations for any subsequent or return flights. However, if the passenger notifies the carrier at least 24 hours prior to the scheduled date and time of the first flight, the carrier shall not cancel the reservation for the continuing flights.
Article 7: Passenger Check-in and Boarding
The check-in deadline may vary depending on the airport. It is the passenger’s responsibility to comply with these deadlines to avoid the cancellation of their journey. The carrier shall ensure that passengers are informed of the applicable check-in deadline for the first flight operated by the carrier. For any subsequent flights, the passenger is solely responsible for obtaining all necessary information regarding check-in deadlines.
The passenger must present themselves at the carrier’s check-in counter and boarding gate at the time specified by the carrier to allow for the timely completion of departure formalities.
Passengers must personally present themselves for check-in, carrying valid identification documents (identity card or, where applicable, passport), checked baggage, and carry-on baggage.
With regard to minor children, their transportation is permitted only upon presentation of all documents expressly required under Law No. 248/2005 on the Free Movement of Romanian Citizens Abroad.
For flights operated by FLYONE AIRLINES, check-in and baggage drop-off at the airport counter close 60 minutes before departure. If a passenger fails to present themselves on time at the check-in counter or boarding gate or does not possess all necessary documents in accordance with Article 14 of these General Conditions, thereby being unable to travel, the carrier reserves the right to cancel the reservation and shall not delay the flight’s departure. The carrier assumes no liability for any damages suffered or expenses incurred by passengers who fail to comply with the provisions of this article.
Article 8: Refusal and Limitation of Carriage
1. Right to Refuse Carriage
The carrier shall refuse to transport the passenger and their baggage if one or more of the following circumstances occur or, in the carrier’s opinion, are likely to occur:
a) Such action is necessary to comply with the laws, regulations, or orders in force in any state of departure, destination, or overflight;
b) The carriage of the passenger and their baggage may endanger or affect the safety, health, property, or comfort of other passengers and crew members, including cases where the passenger exhibits aggressive or threatening behavior or uses such language towards another passenger or a crew member;
c) The behavior, age, mental or physical condition of the passenger requires special assistance from the carrier that the carrier is unable to provide, causes discomfort or protests from other passengers, or poses any risk to the passenger themselves, other persons, or property on board the aircraft;
d) Such action is necessary because the passenger fails to comply with the carrier’s instructions or refuses to submit to security screening conducted by the carrier, airport authorities, or governmental authorities;
e) The passenger has not paid the applicable tariff or charges;
f) The passenger does not possess valid travel documents, transit or entry visas, has destroyed their documents during the flight, or refuses to hand them over, upon request, to the aircraft crew in exchange for a receipt, or the carrier has been duly notified that the passenger is subject to an entry ban in a specific country;
g) The ticket presented by the passenger:
- was obtained illegally or was purchased from an entity other than the issuing carrier or its authorized agent;
- has been declared lost or stolen;
- contains a flight coupon that has been altered by a person other than the carrier or its authorized agents or is damaged;
h) The passenger has not complied with Article 3.4 of these General Conditions regarding the sequence of flight coupons;
i) The person presenting the ticket cannot prove that they are the individual whose name appears on the ticket;
j) The passenger has exhibited inappropriate or aggressive behavior on a previous flight, giving the carrier reasonable grounds to believe that such behavior may be repeated;
k) Any other situation in which the carrier has reasonable grounds to refuse transportation to a passenger to ensure the safety of the flight, passengers, crew members, or the aircraft.
*In the cases mentioned under paragraphs f)–k) above, the carrier reserves the right to retain the ticket.
In any instance where a passenger is refused carriage, the carrier shall not be liable for any damages, delays, or additional costs incurred by the passenger as a result of such refusal.
2. Special Assistance
2.1. The acceptance of unaccompanied minors, persons with illnesses or reduced mobility, pregnant women, and other individuals requiring special assistance shall be subject to the prior approval of the carrier and to the passenger’s obligation to inform the carrier of the situation requiring special assistance at the time of booking or ticket issuance. If the passenger notifies the carrier less than 48 hours before the scheduled departure time or before the first flight of the journey, the carrier shall make all reasonable efforts to provide the requested assistance.
2.2. The acceptance of passengers with reduced mobility and ill passengers shall be subject to the carrier’s capacity to provide the requested service, the passenger’s medical condition, and the limitations specific to the type of aircraft operated.
Article 9: Baggage
1. Prohibited Items
A. The passenger shall not include in their baggage:
- Items that do not qualify as baggage within the meaning of Article 1 of these General Conditions;
- Items that may pose a hazard to the aircraft, persons on board, or property on the aircraft, as defined by the regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) (the carrier shall provide additional information on request);
- Items whose transport is prohibited by laws or regulations in force in any country of departure, destination, or transit;
- Items which, in the carrier’s opinion, are unsuitable for air transportation due to their weight, dimensions, nature, or packaging;
- Live animals, except those permitted under paragraph 10 of this Article;
- Firearms, ammunition, and weapons, except for firearms, ammunition, and weapons intended for sporting activities, which may be transported only under the conditions and subject to the documentation requirements established by Law No. 295/2004 on the Regime of Weapons and Ammunition and, in such cases, only if unloaded, properly packed, and secured. The transportation of ammunition is also subject to ICAO and IATA regulations on the carriage of dangerous goods, in accordance with the provisions of this Article;
- Sharp weapons, knives, daggers, antique weapons, swords, sabers, collection weapons, and air guns. These items may be accepted for transport only as unaccompanied baggage and only if the passenger notifies the carrier of their intent to transport such items at the time of booking or ticket issuance. The carrier retains the discretion to refuse the transportation of such items at any time, and any refusal to transport such items shall not give rise to liability on the part of the carrier.
B. The passenger shall not include in checked baggage fragile or perishable items, money, jewelry, precious metals, computers, personal electronic equipment, business documents, confidential documents, securities, passports, or other identification documents, as well as samples.
C. If, despite being prohibited, any of the items specified in paragraphs A and B above are included in the baggage, the carrier shall not bear any special liability for the loss or damage of such items, other than that ordinarily provided under its liability regime, as defined in Article 16 below.
D. Portable electronic devices are subject to restrictions due to the possible presence of lithium batteries. Such devices must be carried as unchecked cabin baggage. If such devices are included in checked baggage, passengers bear full responsibility for ensuring that they are switched off and protected against accidental activation.
Spare batteries and power banks must be transported in the passenger’s carry-on baggage. A maximum of two batteries per passenger is permitted. These batteries cannot be recharged on board the aircraft.
Lithium batteries must not exceed a maximum lithium content of 0.3 g or 2.7 Wh, in accordance with regulations issued by the European Union Aviation Safety Agency (EASA).
Electronic cigarettes must be carried in the passenger’s cabin baggage. Charging or using electronic cigarettes on board is strictly prohibited.
E. Subject to applicable regulations, passengers are advised not to include medications in their checked baggage.
2. Right to Refuse Carriage
A. The carrier may refuse, for reasons of flight security and/or passenger safety, the transport of any of the items listed in paragraph 1 above as baggage or may refuse to continue transporting baggage if it is found to contain such items. In no case shall the carrier assume any obligation or liability regarding baggage that contains prohibited items in violation of paragraph 1 above.
B. The carrier may refuse, particularly for safety, security, or sanitation reasons, the transport of any item incompatible with air transportation due to its dimensions, shape, weight, content, configuration, or nature, or may refuse to continue its transportation if discovered during the journey.
C. The carrier shall not accept the transport of animals that are not accompanied by the necessary documents required under applicable regulations, as specifically defined in paragraph 10 of this Article.
3. Right to inspection
For flight security and/or passenger safety reasons, the carrier may require the passenger to authorize the inspection of their person and baggage. Additionally, the carrier is authorized to inspect baggage in the passenger’s absence when the passenger is not present to provide such authorization. The purpose of this inspection is to determine whether a person possesses or has included in their baggage any of the items listed under paragraphs A-E or whether the special transportation conditions applicable to such items are not being met. A passenger’s refusal to submit to the required inspection may result in the carrier’s refusal to transport passenger and their baggage. The carrier shall take all necessary measures to ensure the security of baggage during the inspection process. However, any damages incurred during the inspection shall not give rise to liability on the part of the carrier, except in cases of bad faith or negligence.
4. Checked Baggage
a) The carrier shall accept baggage presented for check-in and shall make an entry on the ticket, which shall constitute the issuance of the baggage check. Any baggage tags issued by the carrier in addition to the baggage check are provided solely for identification purposes.
b) Passengers are obligated to attach a label to their checked baggage bearing their name and to ensure that the baggage is suitable for normal handling.
c) The carrier may refuse to transport baggage that is not properly packed in suitcases or similar containers, ensuring that it can be transported under appropriate conditions, takin into account normal handling procedures.
d) Checked baggage shall be transported on the same aircraft as the passenger to whom it belongs. If the carrier determines that this is not possible for security, flight safety, or operational reasons, the checked baggage shall be transported on a different flight.
If checked baggage is transported on another flight, the carrier shall deliver it to the passenger, provided that applicable law does not require the passenger’s presence during customs clearance procedures.
e) Checked baggage must be properly conditioned to protect its contents and withstand normal handling during transportation.
f) If the passenger chooses to prematurely interrupt their journey and does not fully use their coupons, they may be required to pay a fixed amount to reclaim their checked baggage.
g) Passengers bear full responsibility for the contents of their checked baggage. The carrier’s liability limits are established by the applicable legal framework (the Conventions referenced in Article 1) and in Article 16 of these General Conditions.
5. Baggage Transported Fee of Charge
Passenger may transport a certain amount of baggage free of charge, in accordance with the provisions and limitations set forth in these General Conditions. Depending on the route traveled, the free baggage allowance shall be calculated based on either the weight system or the piece system. Additional information is available in the carrier’s schedule brochures, as well as at the carrier’s offices, authorized agents, and on the FLY ONE AIRLINES website. If two or more passengers are traveling together on the same flight to the same destination, present themselves together and at the same time at the check-in counter, they shall be granted the right to transport free of charge a baggage allowance equal to the sum of their individual permitted baggage allowances.
6. Excess Baggage
The transportation of baggage exceeding the free baggage allowance is subject to additional charges. Information regarding these charges is available at the carrier’s offices, its authorized agents, and on the FLY ONE AIRLINES website, under the Fly One Fees section.
7. Excess value declaration and charge
a) Passengers may declare, at the time of baggage check-in, a value exceeding the limit established by applicable regulations in case of destruction, loss, damage, or delay of baggage. In such cases, the carrier shall charge an “ad valorem” fee in accordance with its regulations. This fee must be paid at the point of departure for the entire transportation route up to the final destination.
b) When the passenger wants to declare a higher value, the following procedure shall apply>
Presentation at the Airport
The passenger must present themselves at the check-in counter sufficiently in advance to allow for the following procedure:
1. Opening the special-value baggage
2. Verification of the declared good
3. Signature of the document ‘Special Value declared baggage inventory”
4. Ensuring the baggage is locked by the passenger.
Restrictions
Luggage valuation: The value must not exceed 1000 Euro/passenger.
Fees:
a) A fee of 10% of the declared value shall be charged to the passenger requesting this service.
b) FLY ONE AIRLINES accepts declared value baggage only on direct routes operated by its own aircraft.
8. Unchecked Baggage
a) Cabin baggage carried by the passenger must fit under the seat in front of them or in the overhead compartments designed for passenger use. Unchecked baggage must also comply with the carrier’s regulations. If the baggage cannot be stored in the manner described, exceeds the permitted weight, or is deemed unsafe for any reason, it shall be transported as checked baggage. This baggage may be checked at any time before flight departure.
b) Items that the passenger considers unsuitable for transport in the aircraft’s cargo hold (such as musical instruments or similar items) shall be accepted in the passenger cabin only with the prior consent of the carrier. The transportation of such items may be subject to additional charges.
9. Receipt and Delivery of Baggage
a) The passenger shall retrieve their baggage immediately once it has been made available at the destination or stopover location. If the passenger fails to collect their baggage within a reasonable time, the carrier may impose a storage fee. If the passenger does not claim the baggage within three months from the time it was made available, the carrier may dispose of it without incurring any liability toward the passenger.
Passengers bear full responsibility for the contents of their baggage. If unclaimed baggage shows indications regarding its contents (for example perishable food items), the carrier has the right to remove such baggage from the unclaimed baggage area, with all associated costs and damages being borne by the passenger to whom the baggage belongs.
b) The carrier shall deliver checked baggage to the person presenting the baggage check and baggage tag. The carrier is not obliged to verify whether the person presenting the baggage check and baggage tag is the legitimate recipient of the baggage. The carrier shall not be liable for any loss, damage, or expenses resulting from the failure to perform such verification. Baggage shall be delivered at the destination location specified on the baggage tag.
c) If an individual claims baggage but is unable to present the baggage check and identify the baggage using the baggage tag, the carrier shall deliver the baggage to that person provided that they provide satisfactory proof of entitlement, as determined by the carrier and if requested by the carrier, provide sufficient security to compensate for any loss, damage, or expenses that may arise from the delivery of the baggage.
d) Acceptance of the baggage by the person presenting the baggage check, without a written protest at the time of delivery, shall constitute prima facie evidence that the baggage was delivered in good condition and in accordance with the contract of carriage.
10. Animals
a) Dogs, cats, birds, and other domestic animals shall be accepted for transportation only with the prior approval of the carrier, provided that they are placed in appropriate containers and are accompanied by all necessary documents (health certificates, vaccination records, entry permits, or any other documents required by the countries of entry or transit). Such transportation may be subject to additional conditions specified by the carrier, available upon request. Passengers are responsible for informing themselves in advance regarding all conditions, formalities, and required documents for the transportation of domestic animals.
b) If accepted for transport as baggage, the animal, along with its container and food, shall not be included in the free baggage allowance and shall constitute excess baggage, for which the applicable fee shall be charged.
c) Guide dogs for visually impaired or disabled passengers shall be transported free of charge, in addition to the permitted free baggage allowance, in accordance with the carrier’s regulations.
d) The transportation of domestic animals is carried out under the sole responsibility of the passenger to whom they belong. The passenger is responsible for obtaining all necessary permits and certificates. The carrier assumes no liability for injury, loss, delay, illness, or death of such animals if they are denied entry or transit in any state, provided that the respective damage was not caused by the carrier’s negligence. The person transporting the animal shall cover all costs, losses, and liabilities imposed on the carrier as a result of the denial of entry or transit of animals into a particular country.
e) Animals traveling as checked baggage shall be transported in rigid plastic or fiberglass crates, in compliance with the special regulations issued by the International Air Transport Association (IATA). Furthermore, animal transport crates must meet the following conditions:
1. Sufficiently spacious to allow the animal to stand up and turn around;
2. Smooth interior surfaces, free of protruding parts that the animal could bite and damage the crate;
3. Equipped with food and water containers that can be refilled without opening the crate;
4. Labeled with signs and/or stickers indicating the contents and proper handling instructions;
5. Fitted with handles positioned to allow easy handling by airport personnel;
6. If the crate is equipped with wheels, they must be removed at check-in to prevent unintended movement.
f) Pets—dogs or cats—may be transported to an EU Member State or a third country only if the following conditions are met:
1. The animals are microchipped for identification purposes;
2. Proof of prior rabies vaccination is provided, in accordance with the animal’s age;
3. The animal has undergone a rabies antibody titration test;
4. The animal complies with all preventive health measures for diseases or infections other than rabies;
5. The animal possesses a pet passport, issued by a veterinarian.
Article 11: Schedules, Delays, and Flight Cancellations
1. Schedules
The carrier shall make every effort to transport the passenger and their baggage within a reasonable timeframe. However, the times indicated on the ticket, in schedules, and in other documents are not guaranteed and do not form part of the contract of carriage. Although schedules serve solely to inform passengers, the carrier shall use all due diligence to adhere to them and to communicate any changes in a timely manner.
Passengers are advised to provide their contact details so they can be informed of any flight schedule changes. The carrier shall not be held liable for its inability to notify a passenger of such changes due to reasons beyond its control.
The carrier reserves the right, without prior notice, to substitute other carriers or to operate flights with aircraft other than those originally planned. Additionally, when necessary, the carrier may modify or eliminate a scheduled stopover indicated on the ticket. The carrier may alter schedules without notice and shall not be liable for errors or omissions in schedules or other publications containing flight information. The carrier assumes no responsibility for connecting flights.
2. Flight Cancellations, Rerouting, and Delays
a) When circumstances require (e.g., adverse weather conditions, force majeure, government regulations, or other situations), the carrier may delay or cancel a flight or a previously confirmed seat without prior notice. If, as a result of such circumstances, the carrier cancels or delays a flight, is unable to provide previously confirmed seats, removes a scheduled stopover or final destination from the passenger’s itinerary or causes the passenger to miss a connecting flight for which they hold a reservation, the carrier shall, at the passenger’s choice:
i) transport the passenger as soon as possible, on the next available regularly scheduled flight operated by the carrier, at no additional cost, and, if necessary, extend the validity of the ticket, or
ii) provide a refund in accordance with Article 12.
b) In any of the situations outlined in paragraph 2(a) of this Article, and unless otherwise required by the Convention or applicable legislation, the options presented in points (i) and (ii) above shall constitute the sole remedies available to the passenger, which the carrier is obligated to offer.
In the event of a flight cancellation or delay, and where the passenger holds a Contract of Carriage, the carrier shall comply with all applicable regulations, particularly the provisions of Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004, which establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays.
Article 12: Refunds
1. General Provisions
In the event that transportation cannot be performed in accordance with the contract of carriage due to the fault of the carrier or at the request of the passenger, the faire paid for the ticked or the unused portion thereof shall be refunded in accordance with the provisions of this article and the carrier’s fare regulations:
a) Subject to the provisions of this article, the carrier shall process the refund to the person who paid for the ticket, provided that sufficient proof of payment is presented.
b) Except in cases of lost or stolen tickets, refunds shall be granted only upon presentation of the passenger coupon and all unused flight coupons.
c) A refund made to a person presenting the passenger coupon, the passenger receipt, all unused flight coupons, and a power of attorney issued on behalf of the passenger or the person who made the payment for the purpose of processing the refund, where such person claims to be the rightful recipient in accordance with the subparagraph a) above shall be deemed a valid refund and shall release the carrier from all further liability or subsequent refund claims.
D) The carrier may refuse to issue a refund for stolen, destroyed, falsified, or counterfeit tickets, as well as for tickets that have expired at the time the refund request is submitted, and for tickets held by passengers who have been denied entry by the authorities of the destination or transit country and who have been returned to the point of embarkation or any other location as a result of such refusal.
2. Involuntary Refunds
When the carrier cancels a flight, fails to operate a flight within a reasonable timeframe relative to the schedule, removes a scheduled stopover or destination indicated on the ticket, or causes the passenger to miss a connecting flight for which they hold a reservation, the refund amount shall be:
a) The full amount of the fare paid, in the event that no portion of the ticket has been used;
b) If a portion of the ticket has been used, the refundable amount shall not be less than the difference between the fare paid and the applicable fare for the portion of the journey already completed;
c) The total cost of the ticket, including the cost of the unused portion, if the flight becomes useless in relation to the passenger’s original travel plan.
The refund, in accordance with the provisions of this article, shall be issued upon submission of a written request by the passenger, duly registered with the carrier. The request must include the passenger’s identification details, the ticket booking reference, as well as any other information necessary for processing the request.
3. Voluntary Refunds
When the passenger requests a refund of the ticket for reasons other than those outlined in paragraph 2 of this article, the refund amount shall be:
a) The amount of the fare paid from which the penalties stipulated by the fare rules applicable to the ticket shall be deducted;
b) The difference between the fare paid and the fare applicable to the portion of the journey already completed, from which the penalties stipulated by the fare rules applicable to the ticket shall be deducted, in cases where a part of the ticket has been used. Airline tickets purchased at a reduced price (discounts, promotions, etc.) are non-refundable.
4. Right to Refuse Refunds
a) The carrier may refuse a refund if the request is made more than 6 months after the expiration of the ticket’s validity.
b) The carrier may refuse to refund a ticket that has been presented to the carrier or other state authorities when the passenger fails to provide satisfactory proof that they have been granted permission to remain in the respective country or that they will depart on a flight operated by another carrier or by another means of transport.
5. Currency of Refunds
Refunds shall be processed in accordance with the provisions of the laws and regulations in force in the country where the ticket was purchased and, in the country, where the refund is issued. Subject to the foregoing provisions, refunds shall be made in the currency of payment of the ticket or in another currency, in accordance with the carrier’s regulations.
6. Who Processes the Refund
a) Voluntary refunds shall be processed by the customer via the airline’s official website under the Manage Booking section, provided that the ticket was purchased directly from the airlines, through its website or mobile application. If the ticket was purchased through a travel agency or other partner websites, the refund must be processed directly by the respective agency or partner.
b) Involuntary refunds shall only be processed by the carrier that issued the ticket.
Article 13 Conduct on Board of the aircraft
a) When/if, in the carrier’s opinion, a passenger behaves on board of the aircraft in a manner that endangers the aircraft, the persons, or the property on board, obstructs the crew in the performance of their duties, fails to comply with crew instructions, including, but not limited to, smoking, consuming alcoholic beverages, or using drugs, or acts in a way that causes discomfort, inconvenience, damage, or bodily harm to other passengers or crew members, the carrier make take necessary measures to prevent the continuation of such behavior, including restraint. The passenger may be disembarked and denied onward travel at any point, and they may be subject to legal action for any offenses committed on board of the aircraft. The provisions of the Tokyo Convention on offenses and certain acts committed on board shall be fully applicable.
b) For security reasons, the carrier may prohibit or restrict the use of electronic devices on board the aircraft, including, but not limited, to mobile phone, laptop computers, portable cassette recorders, CD players, portable radios, electronic games, transmitting devices, remote-controlled toys, and portable walkie-talkie stations. Devices intended for passengers with hearing impairments or heart conditions shall be permitted on board.
c) Smoking is strictly prohibited on board the aircraft. The use of electronic smoking devices is also prohibited.
d) The carrier may completely prohibit or limit the consumption of alcoholic beverages.
Article 14 Arrangements for Additional Services
a) As general rule, the carrier does not provide or guarantee ground transportation between airports or between airports and city terminals. If the carrier arranges such transportation for its passengers, the present General Conditions shall also apply to such transport. The use of ground transportation is subject to the payment of the applicable fare established for this purpose.
b) When making arrangements on behalf of passengers with a third party for the provision of services other than air transport, or when issuing tickets or vouchers for transport and services (other thar air transport) provided by a third party, such as hotel reservations or car rentals, the carrier acts solely as an intermediary of the passenger. In such cases, the conditions of the third-party service provider shall apply.
Article 15 Administrative Formalities
1. General Provisions
Passengers are responsible for obtaining all necessary documents and for complying with all legal provisions and regulations in force in the countries of departure, destination, or transit. The carrier assumes no liability for passengers who fail to obtain the required documents and/or visas or who fail to comply with the laws and regulations mentioned above.
2. Travel Documents
The passenger must present all necessary exit, entry, and health documents, as well as any other documents required under the laws and regulations in force in the relevant states. The passenger shall also permit the carrier to make and retain copies of the documents. The carrier reserves the right to refuse transportation to any passenger whose travel documents are incomplete or non-compliant. The carrier shall not be liable for passenger’s failure to comply with these General Conditions and/or the applicable legal provisions.
3. Denial of Entry
The passenger shall be responsible for covering the cost of transport in the event that the carrier is required to return the passenger to their place of origin or another location due to a government authority’s decision denying them entry into a transit or destination country. The carrier may use any amounts paid for unused transportation or any funds belonging to the passenger that are in the carrier’s possession for this purpose. The tariff paid for the transportation of the passenger to the location where they were denied entry or deported shall not be refunded by the carrier.
4. Passenger Liability for fines, detention costs, or other expenses
If the carrier is required to pay or deposit the amount of a fine or penalty or incurs expenses as a result of the passenger’s failure to comply with the laws and regulations of the perspective countries or failure to present the required documents, the passenger shall reimburse the carrier for all amounts paid or deposited, as well as any other expenses incurred. For this purpose, the carrier may use any sums paid by the passenger for unused transportation or any other funds belonging to the passenger that are in the carrier’s possession.
5. Customs Inspection
At the request of customs officials or other authorities, the passenger must be present for the inspection of their baggage, whether delayed, checked, and/or unchecked, conducted by customs and/or governmental authorities. The carrier assumes no liability for any losses or damages suffered by passengers as a result of such inspections or the outcomes thereof.
Passengers shall be liable for any damage, expenses, or losses incurred by the carrier due to either the passenger’s refusal to comply with a requested inspection by the competent authorities or as a result of the findings of such an inspection.
6. Security Screening
Passengers must comply with security screening procedures required by governmental authorities, airport authorities, or the carrier.
7. Government Regulations
The carrier shall not be held liable for refusing to transport a passenger if such refusal is based on a reasonable belief that it is necessary to comply with applicable laws and/or regulations.
Article 16 Successive Carriers
Transportation carried out by multiple successive carriers under a single ticket or complementary tickets constitutes a single operation for the purposes of the Montreal Convention, provided that it is considered by the parties as a single operation, regardless of whether it was agreed upon in the form of a single contract or multiple contracts, and even if one or more contracts are to be performed entirely within the territory of the same state.
In the case of successive transportation, the passenger or the person entitled to compensation on their behalf may file a claim, in the event of an accident or delay, only against the carrier that performed the segment of transport during which the accident or delay occurred, unless the first carrier expressly assumed full liability for the entire transportation in writing.
In the event of baggage loss or damage, passengers have the right to file a claim against the carrier that performed the segment of transport during which the loss or damage occurred, as well as against the first or last carrier. All such carriers are jointly liable to the passengers.
Article 17 Liability for Damages
1. General Provisions
Transportation under these General Conditions is subject to the rules and limitations of liability established by the Montreal Convention, Regulation (EC) No. 261/2004 on common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays, Regulation (EC) No. 2027/1997 on air carrier liability in the event of accidents, as well as the applicable Romanian legislation. Insofar as the following provisions are not inconsistent with these General Conditions, whether or not the Convention applies:
a) The carrier shall not be liable for any damages resulting from its compliance with applicable laws, regulations, orders, requirements, or instructions issued by any governmental authority.
b) The carrier shall not be liable for any damages resulting from the passenger’s failure to comply with any applicable laws, regulations, orders, requirements, or instructions issued by any governmental authority.
c) The carrier’s liability is limited solely to damages occurring during transportation on flights or flight segments where the carrier’s designation appears in the section reserved for the carrier on the ticket issued for that flight or segment. A carrier that issues a ticket or checks baggage for another carrier’s flight acts only as an agent for that carrier. With respect to checked baggage, the passenger may file a claim against either the issuing carrier or any carrier that performed the transport during which the damage occurred. The carrier shall not be liable for damages to unchecked baggage, unless the passenger proves that such damage resulted from the carrier’s gross negligence.
d) The carrier is liable for damages resulting from the destruction, loss, or damage of checked baggage, provided that the event causing the destruction, loss, or damage occurred on board the aircraft or during any period in which the carrier had custody of the checked baggage. However, the carrier shall not be liable if, and to the extent that, the damage resulted from an inherent defect, quality, or flaw in the baggage.
e) The carrier’s liability is limited strictly to the proven amount of compensatory damages. Under no circumstances shall the carrier be liable for indirect, incidental, or consequential damages.
f) The carrier’s liability for any damages shall be reduced if the passenger’s own negligence caused or contributed to the damage, in accordance with applicable law. Nothing in this article shall affect the carrier’s rights concerning claims made by or on behalf of any person whose bad faith caused harm to another passenger or their baggage.
g) Any exclusion or limitation of the carrier’s liability under these General Conditions or applicable law shall also apply to the carrier’s agents, servants, employees, and representatives, as well as to any person whose aircraft is used by the carrier, and to the agents, servants, employees, and representatives of such persons. The total recoverable amount from the carrier, its agents, servants, employees, representatives, and the persons mentioned in this paragraph shall not exceed the carrier’s liability limit.
h) Unless expressly provided otherwise, nothing in these General Conditions shall be interpreted as a waiver of any limitation or exclusion of liability of the carrier, its agents, employees, representatives, or mandataries, as provided by the Convention and applicable laws.
2. Liability for Personal Injury and Death
2.1. In the event of an aviation accident, the carrier is liable for damage resulting from the death or bodily injury of a passenger, provided that the accident causing the death or bodily injury occurred on board the aircraft or in the course of embarkation or disembarkation operations.
2.2. The carrier is liable for damages arising from death or bodily injury resulting from an aviation accident, as stated in paragraph 2.1, up to 100,000 Special Drawing Rights (SDR) per passenger, without the carrier having the right to contest a claim for compensation.
2.3. For damages exceeding 100,000 SDR per passenger arising from death or bodily injury resulting from an aviation accident, the carrier may defend itself against a claim for compensation, provided that it proves:
(i) The damage was not due to the negligence or wrongful act or omission of the carrier, its servants, or agents; or
(ii) The damage was solely caused by the negligence, wrongful act, or omission of a third party.
2.4. The carrier shall, without delay, and in any case, within 15 days from the identification of the persons entitled to compensation, make advance payments to cover immediate economic needs, proportionate to the extent of the damage suffered, but not less than the equivalent in euros of 16,000 Special Drawing Rights (SDR) per passenger.
2.5. Such advance payments do not constitute an admission of liability by the carrier and may be offset against any subsequent compensation payments, but shall not be refundable, except where the carrier proves an exonerating circumstance or where the person who received the advance payment was not entitled to compensation.
2.6. The carrier shall be exonerated from liability for damages arising from death or bodily injury if it proves that:
a) The damage was caused or contributed to by the negligence, wrongful act, or omission of the person claiming compensation or of the person from whom their rights derive, to the extent that such negligence, wrongful act, or omission caused or contributed to the damage. Where compensation is claimed by a person other than the passenger, due to the death or injury suffered by the passenger, the carrier shall be exonerated, in whole or in part, from liability if it proves that the negligence, wrongful act, or omission of the passenger caused or contributed to the damage.
b) The death or bodily injury resulted from the passenger’s physical or mental condition prior to boarding the aircraft.
c) The carrier took all necessary measures to avoid the damage, or it was impossible for the carrier to take such measures.
2.7. The carrier reserves all rights of subrogation, recourse, and/or indemnity claims against third parties, including but not limited to rights concerning compensation and any incidental costs.
2.8. The carrier shall compensate the passenger only for compensatory damages that are recoverable, and only for amounts exceeding any payments received under public social insurance schemes or similar institutions.
2.9. The carrier shall not be liable for any illness, injury, disability of any kind, including death, or for the aggravation of a passenger’s pre-existing condition where the passenger’s age, mental, or physical condition presents a risk and/or endangers the passenger during transportation.
3. Liability for Baggage
3.1. Delays
a) The carrier is liable for damage caused by delays in the air transportation of passengers and/or baggage. The carrier shall be exonerated from liability if it proves that it, its servants, and/or agents took all measures that could reasonably be required to avoid the damage or that it was impossible to take such measures, as well as if the delay was caused by the passenger or the passenger contributed to the delay.
b) The carrier is liable only for direct and proven damages that directly result from the delay.
c) The carrier’s liability limit for delays in passenger transportation is 4,150 Special Drawing Rights (SDR).
d) Passengers are entitled to assistance and compensation rights as provided under Article 10, paragraph 2 of these General Conditions and Regulation (EC) No. 261/2004.
3.2. Damage, Loss, or Destruction of Baggage
a) The carrier is liable for damage caused by loss, destruction, or deterioration of baggage, provided that the event causing the loss, destruction, or deterioration occurred on board the aircraft or during any period in which the carrier had custody of the checked baggage.
b) However, the carrier shall not be liable if and to the extent that the damage was caused by a defect, quality, or inherent flaw of the baggage.
c) The carrier shall not be liable for any damage to items prohibited from being included in checked baggage, as well as for fragile or perishable items, items of special value such as money, jewelry, silverware, precious metals, securities, bonds, or other valuables, keys, business documents, passports, and any other identity documents or samples, whether or not the carrier was aware of their presence in the baggage.
d) The carrier shall not be liable for injuries caused to passengers or for damages to their baggage resulting from objects contained within their baggage. Any passenger whose baggage causes injury to another passenger, damages their baggage, or damages the carrier’s property shall compensate the carrier for all losses and expenses incurred as a result.
e) The carrier shall not be liable for superficial damage resulting from the normal handling of checked baggage, such as:
- loss or damage to pull straps/security straps;
- minor cuts and scratches, fabric fraying;
- damage caused by overloading the baggage;
- damage resulting from security screening;
- loss or damage to baggage attachments not provided by the manufacturer and not affecting the normal use of the baggage (e.g., padlocks, name tags, straps, covers, etc.).
f) Except in cases of willful misconduct or gross negligence by the carrier, its liability for damages, including loss, caused to checked baggage is limited to 1,000 SDR per passenger, unless the passenger has made a Special Declaration of Interest. In such a case, the carrier shall be liable up to the declared amount, unless it is proven that the declared sum exceeds the passenger’s actual interest at the time of delivery. However, the maximum limit is not automatically granted to passengers, as it is only the upper threshold of possible compensation, depending on proven damages and in accordance with applicable regulations.
g) The carrier shall not be liable for damages to unchecked baggage, unless the passenger proves that the damage resulted from the carrier’s gross negligence. If gross negligence is proven, the carrier’s liability for unchecked baggage is limited to 100 USD per passenger in the case of international transportation.
h) In the case of checked baggage that has been damaged during air transport, for which a damage report has been filed before leaving the destination airport, and where a written complaint has been submitted in accordance with Article 31, paragraphs 1-4 of the Montreal Convention, compensation shall be granted based on the type of baggage, extent of damage, and its calculated depreciation. Depreciation shall be calculated as follows:
First year of use: Depreciation is 20% of the purchase value, based on the receipt of purchase.
From the second year onward, an additional 10% depreciation is applied for each year, up to the ninth year of use.
i) The carrier shall not be liable for direct damage to baggage, whether in whole or in part, resulting from the negligence, unlawful act, or omission of the person claiming compensation or their representative.
j) If the carrier acknowledges the loss of checked baggage or if checked baggage has not arrived at its destination within 21 (twenty-one) days from the date it was scheduled to arrive, the passenger shall be entitled to exercise their contractual rights against the carrier.
4. Liability for Non-Performance of Transport
The carrier’s liability for flight cancellation is regulated under Article 10 of these General Conditions, as well as Article 5 of Regulation (EC) No. 261/2004.
Article 18 Claims and Legal Actions
a) The uncontested acceptance of checked baggage constitutes, unless proven otherwise, presumptive evidence that it was delivered in good condition and in accordance with the transport documents. The burden of proof to the contrary rests with the passenger.
b) No legal action shall be initiated for damage to baggage, unless the person entitled to file a claim against the carrier has submitted a complaint within a maximum of 7 days from the date of baggage receipt.
c) No legal action shall be initiated for delayed baggage, unless the person entitled to file a claim against the carrier has submitted a complaint within a maximum of 21 days from the date the baggage was made available to them.
d) The claim must be made in writing and registered with the carrier. Each claim must be accompanied by the necessary supporting documents, which may include, but are not limited to : the flight coupon, booking reference in the passenger’s name, boarding ticket, baggage ticket, baggage identification tag, Property Irregularity Report (PIR), and any other relevant document.
e) In the absence of a claim made and submitted within the time limits mentioned above, any legal action against the carrier shall be inadmissible, unless fraud on the part of the carrier is proven.
f) Any liability action against the carrier must be brought within 2 (two) years from the date of arrival at the destination, the date on which the aircraft should have arrived, or the date on which the transport ceased. The two-year period shall be calculated in accordance with the substantive law provisions of the jurisdiction seized by the claimant.
g) All claims must be submitted via email to care@flyone.eu or by filling out the claim form available on the website flyone.eu.
Article 19 Modification and Cancellation
No agent, employee, or representative of the carrier is authorized to modify, amend, or cancel any provision of these Conditions of Carriage.
These Conditions of Carriage may only be amended by the carrier.
Article 20 Interpretation
The headings of articles and paragraphs in these General Conditions are included for convenience only and shall not be used for interpreting the text.
The Romanian version of these rules shall prevail in case of interpretation disputes.
Article 21 Changes to Passenger Passport Information
1. Based on the carrier’s right to independently establish procedures and rules regarding modifications of passport data in an issued passenger ticket, as well as the right to refuse the issuance of such a ticket to a passenger (or an agent who has issued such a ticket), FLY ONE AIRLINES reserves the right not to allow modifications of passport data after ticket issuance through remarks or changes in the reservation.
2. The person making the ticket reservation is fully responsible for the accuracy of the passenger’s personal data entered into the reservation.
3. In the event of an error in the issued ticket, such as passenger’s travel document number, document type, date of birth (except where the error results in a change in the passenger category: infant (0-2 years), child (2-12 years), or adult), date of issuance of the document, or its validity period, FLY ONE Airlines allows the correction of such errors only at the airport check-in counter. This is subject to the passenger informing the check-in agent about the errors at the time of check-in. If this condition is met, the FLY ONE Airlines check-in agent will correct the personal data error free of charge, completing the process by issuing a boarding pass at the check-in counter, regardless of whether the passenger has already completed online check-in via the FLY ONE Airlines website. A passenger whose personal data is incorrect on the issued ticket and who has not followed this correction procedure shall not be admitted for travel. Corrections to the date of birth that result in a change of passenger category (as outlined above) are not permitted under this procedure. In such cases, ticket refund rules shall apply according to the fare conditions under which the ticket was purchased.
4. If a passenger or the person who made the reservation identifies an error in an already issued ticket concerning the passenger’s first or last name, and the total number of corrections does not exceed two letters (either two letters in the last name, two letters in the first name, one letter in each, or a single letter in either), FLY ONE Airlines allows such corrections at the airport check-in counter, provided the passenger informs the check-in agent of the mistake at the time of check-in. Correction of such errors is subject to the payment of the check-in fee, as per the fare group applied to the ticket, regardless of whether the passenger has checked in online. If the ticket was issued under a fare group that does not impose a check-in fee at the airport counter, the correction shall be made free of charge. After correction of the error, the passenger shall be issued a boarding pass at the airport check-in counter. A passenger whose personal data is incorrect on the issued ticket and who has not followed this correction procedure shall not be admitted for travel.
5. If, in an already issued ticket, the passenger’s first and last names are in the wrong order, FLY ONE Airlines allows such corrections only at the airport check-in counter, provided the passenger informs the check-in agent of the mistake at the time of check-in. If this condition is met, the FLY ONE Airlines check-in agent shall correct the personal data error free of charge, completing the process by issuing a boarding pass at the check-in counter, regardless of whether the passenger has checked in online via the FLY ONE Airlines website. A passenger whose personal data is incorrect on the issued ticket and who has not followed this correction procedure shall not be admitted for travel.
6. FLY ONE Airlines does not allow the modification of the passenger’s first or last name due to a name change following marriage, etc., if the number of proposed corrections exceeds two letters (either two letters in the last name, two letters in the first name, one letter in each, or a single letter in either).
In such cases, the refund rules of the fare under which the ticket was purchased shall apply.
Article 22 Company Feedback
To improve the quality of incoming communications from FLY ONE Airlines passengers, to monitor and verify the efficiency of the company’s feedback system, and to reduce processing time for each telephone inquiry, FLY ONE Airlines has established a standardized procedure for receiving and reviewing passenger or potential partner inquired, as indicated on the company’s official website: www.FLY ONE.eu, under the “Contact Us” section. Each request addressed to FLY ONE AIRLINES must be submitted via the designated online form available in the “Contact Us” section under FLY ONE AIRLINES, ensuring that all mandatory fields are completed.
According to the internal regulations of the airlines, requests that are not submitted in accordance with this procedure will not be reviewed by FLY ONE AIRLINES. The sender will be notified accordingly and advised to submit the request through the official company website, under the “Contact Us” section.
