TERMS AND CONDITIONS
GENERAL TERMS OF CARRIAGE
The following terms of carriage are designed to provide passengers and booking agents with details of the conditions applicable to travel with the Carrier, NYASA EXPRESS LIMITED T/A ULENDO AIRLINK. As an operator of smaller, light aircraft, terms may seem more restrictive than passengers are accustomed to when flying with larger commercial airlines, it is important that passengers and clients fully understand and agree to these terms before confirming any services or flying with us. The right to amend, cancel or reroute any published service without notice is reserved by the Carrier. Published Operating schedules and fares should be confirmed with our reservations department at the time of booking and are subject to regulatory approvals. Passengers shall comply with all customs, travel, health, security and immigration requirements, of the countries or territories to be visited and are advised to carry travel insurance to cover expenses incurred due to unforeseen cancellations, delays or changes to reservation.
CHECK-IN & BOARDING
Passengers must arrive for check-in by the time fixed by the Carrier on the Passenger Ticket, or on a notice issued by the Carrier. If no time is fixed by the Carrier, then the Passenger must arrive for check-in at least one (1) hour prior to the planned departure time.
Failure by the Passenger to comply with the aforesaid time provision will result in forfeiture of the full payment and seat may be given to another person.
The company reserves the right to re-allocate or resell seats, without compensation, if passengers have not checked-in a minimum of 45 minutes before the
scheduled flight departure.
Passengers that are assumed to not safely and/or comfortably fit in one of the aircraft seats will need to advise Nyasa Express of this in advance so that the necessary allocations can be made, failure to advise the Carrier in advance could result in refused boarding and full cancellation terms will apply.
Passengers who, in the sole opinion of the captain, boarding agent or crew, are intoxicated, aggressive or may in any way pose a threat to the safe operation of the flight or safety, comfort and security of fellow passengers or crew, may be refused boarding and forfeit the value of their ticket.
The Carrier operate a variety of light aircraft and at no time guarantee a specific aircraft type for any routing or reservation. Operational, Technical or Commercial considerations determine the aircraft allocated for a specific flight. Passengers accept that the final decision relating to aircraft allocated to any flight rests solely with the carrier and no claims for compensation in the event of an equipment change shall be entertained.
AUTHORITY OF CREW
The Passenger acknowledges the authority of the Carrier’s commander or his or her authorised deputy of aircraft and undertakes to obey his or her lawful commands under all circumstances from the commencement, and for the duration, of the journey.
SCHEDULED FLIGHT TIMES
Scheduled Services are operated as either filed schedules or charter flights marketed under the Ulendo Travel Group’s regional safari operations. The Carrier
undertakes to use its best efforts to carry the passenger and their baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of any contract. Time changes will be communicated to passengers in advance taking into consideration onward connections as communicated by the passenger on reservation of their flight.
INFANTS & CHILDREN
Infants under 2 years of age, not occupying a seat of their own, are carried at a fixed rate of USD50 per infant per sector and are allocated 15kg of luggage. Should an infant require their own seat, they will be charged at 50% of the applicable adult fare for the routing. The Carriers Youth Fare Policy applies to passengers under 16 years of age at the time of departure of the first flight segment. Youth Fare passengers must be travelling with a full paying adult and will be ticketed at discounted Adult fares as published from time to time. Discounted Youth and Infant fares are subject to all taxes and fees applicable to adult passengers while enjoying the same baggage allocation as adults.
RESERVATIONS & TICKETING
Invoices will be raised at the time of ticketing and, unless the passenger or booking agent has approved credit facilities with the carrier, full payment is required when a ticket is issued. Agents with credit facilities are reminded that terms apply from date of ticketing and not date of travel.
Tickets must be issued in accordance with Ticketing Time Limits (TTL) applicable to a particular fare or class of travel summarized as follows:
Booking Class Ticketing Time Limit
B 45 Days before travel.
C,K 30 Days before travel.
T,E,X 14 Days before travel
G 7 Days before travel.
O,M,A Ticket on Reservation.
Y,R 48 Hours before travel.
Reservations made within the time limits applicable to the class of travel must be issued on reservation. Any reservation not paid in full at ticketing, or within agreed credit terms, may be cancelled without notice.
It is the sole responsibility of passengers and/or booking agents to ensure all details of their flight are correct as indicated on our reservation confirmation or
e-tickets issued by Ulendo Airlink. Any errors or omissions to a passenger’s itinerary must be brought to the attention of the ticketing agent before tickets are issued and payment effected.
Ulendo Airlink are under no obligation to guarantee departure of scheduled services unless a booking has been ticketed, paid in full, all passenger information correctly passed to the carrier and confirmed by Ulendo reservations within the applicable time frames. No passenger may board flights without a ticket.
Unless otherwise provided for in the Passenger Ticket, Passenger Tickets are valid for Carriage for 90 Days from date of issue. Tickets are not transferable.
CANCELLATION, RE-ROUTING OR DIVERSION OF FLIGHTS
Nyasa Express endeavor to provide a fully reliable, efficient service, however, should the aircraft for any reason become unserviceable; we will endeavor to
provide a replacement service. Should this not occur, the Carrier shall not be liable for any subsequent costs.
All passengers are required to ensure they have adequate travel insurance, which includes cancellation and personal accident cover. Flights may be changed or cancelled without prior notice. The Company is not responsible for any direct or consequential costs resulting from any cancellation or delays to its services.
In the event of a cancellation or diversion of a flight due to bad weather or circumstances beyond our control or deemed to be in the interest of passenger safety, passengers will be refunded in full for the leg transfer sector only. The Carrier does not take responsibility for delays and missed connection with other transporters.
Should any late changes to the flight booking or transfer details be made, Nyasa Express shall make every effort to facilitate passengers to the best of our ability, however, Nyasa Express shall not be held liable should we be unable to assist customers.
At any time, and at the Carrier’s sole discretion, the Carrier may substitute aircraft and may alter or omit stopping places shown on the Passengers Ticket or
amend routings. Schedules and fares are subject to change without notice.
FARES AND TAXES
For ease of reference and compatibility with reservation systems, fares are quoted and advertised in US Dollars subject to availability in applicable class. US
Dollar fares may be converted to the Malawi Kwacha equivalent using the prevailing IATA Rate of Exchange at the time of payment.
Fares are quoted EXCLUSIVE of passenger service fees, airport departure taxes, levies charged by airfield operators or national park fees where applicable.
International departure and security charges are for passengers’ own accounts payable directly to the airport authorities prior to departure.
Zambian Civil Aviation Authority surcharge, not to be confused with Zambian Airport departure taxes, are however included in any fare to/ex Zambia.
Ulendo Airlink are not responsible for any inaccuracies in departure tax information provided to passengers.
All rates are subject to change without notice. Aviation relies on a number of inputs that vary in price, fuel being a good example. It is impossible to guarantee fares and rates over a given period and we wish to stress that all our rates are subject to change, and we cannot be bound by rates distributed through our sales office prior to confirming a reservation. We will guarantee any confirmed flight at the rate quoted in an itinerary confirmation issued by the Carrier.
Payments for services are accepted in Malawi Kwacha at the prevailing IATA Rate of Exchange on the date of payment or in US Dollars by credit card, bank transfer or cash.
All bank charges relating to payment, including credit card merchant fees or transfer charges, are for the passenger/agents account.
Agents and/or Tour Operators holding approved credit facilities are required to adhere strictly to the agreed terms of credit. Payments must clear the carriers account within the prescribed credit period and interest will be charged on all overdue accounts at the prevailing Malawi Commercial Bank base lending rate +5%. The carrier reserves the right to re-invoice overdue accounts at the prevailing IATA Rate of Exchange applicable at the time payment is affected. Overdue accounts will be immediately suspended and a demand for payment within 7 days issued by the carrier. Should the account remain unpaid after the 7 day notice period, the carrier reserves the right to refuse boarding to any passengers holding tickets booked through the default agent or operator. The carrier reserves the right to revoke any credit terms extended to agents who default on payment of their account.
The maximum credit term extended to an agent is 7 days from Statement date.
REFUNDS & RESERVATION CHANGES
The fare class applicable to a booking will determine if flights are eligible for refunds in the event of cancellation or determine if itinerary changes are
permitted. Cancellation and amendment policies may change from time to time and passengers should refer to their ticket for information applicable to their class of travel. Summarized terms applicable to class of travel are as follows:
Scheduled Flight Services
Non-Exclusive seat rates for flights operating on published times and routings
B-CLASS | Best Buy Advance Purchase Fare:
Changes not permitted after ticketing. Non-Refundable within 45 days of Travel. 50% Cancellation penalty 45+ days before travel.
O/M-CLASS | Limited Promotional Fares:
Changes not permitted within 24 hours of travel.
Changes 24+ hours before travel at $25 per change.
Non-Refundable within 14 days of travel.
$50 Cancellation penalty 14+ days before travel.
E-CLASS | Explorer Fare & T-CLASS | ITX Fares:
Changes not permitted within 7 days of travel.
Changes 7+ days before travel at $50 per change.
Non-Refundable within 7 days of travel. 50% Cancellation penalty 7-14 days before travel.
25% Cancellation penalty 15-30 days before travel.
$50 Cancellation penalty 30+ days before travel.
G-CLASS | Flexi Fare & X-CLASS | Rebate Fares
No Changes within 24 hours of travel.
Changes Permitted 24+ hours of travel any.
First Change Free, additional changes at $50 per sector per change.
50% Cancellation penalty within 48 hours of travel.
$50 Cancellation penalty 2+ days before travel.
Non-Schedule Seat Rate Flights
Non-Exclusive seat rates for flights operating at times, or on routings, not available on the Carriers published schedules. A Minimum of 2 full paying adults is required to confirm a non-scheduled flight. Non-Scheduled services are not exclusive and Ulendo Airlink may carry other passengers on the same flight without any compensation to booked passengers.
Y-CLASS | Non-Scheduled Seat Rates:
Changes not permitted within 24 hours of travel.
Changes 24+ days before travel at $50 per change.
Non-Refundable within 48 Hours of travel.
50% Cancellation penalty 2-7 days before travel.
$50 Cancellation penalty 7+ days before travel.
C-CLASS | Circuit Trip Fares:
Changes not permitted within 14 days of travel.
Changes 14+ days before travel at $50 per change.
Non-Refundable within 14 days of travel.
50% Cancellation penalty 15-30 days before travel.
$50 Cancellation penalty 30+ days before travel.
TOURS & PACKAGES
Ulendo Safaris Limited General Terms and Conditions for tours and safaris, apply to all Tours & Safaris sold through the carrier. Customer may request a copy of the same.
MALAWI RESIDENT & CITIZEN FARES
O & M-CLASS | Resident Scheduled Flight Fares:
Nyasa Express offer subsidiarized fares on select routes as part of efforts to support economic development in remote areas. These fares are available exclusively for Citizens and Permanent Residents of Malawi. National ID Cards or a Malawi Passport will be required at time of booking and at check-in for all passengers travelling on these fares.
Not applicable to short term or temporary residents.
Smoking is not allowed on any Nyasa Express Aircraft
Confirmed charter flights cancelled within 72 hours of departure are subject to a 50% cancellation penalty. Cancellations received 3 - 7 days prior to departure are subject to 25% cancellation penalty while any cancellation of a confirmed flight received more than 7 days prior to departure is subject to a 15% penalty. In the event of a charter customer changing the date, routing or any other aspect of the confirmed itinerary, the Carrier reserves the right to surcharge the customer or impose cancellation policies as indicated above. Surcharges may apply even if the routing remains unchanged. Surcharges may also apply if additional passengers or cargo are added to a charter flight by the customer. The minimum charge for changes to a confirmed charter flight reservation will be USD100.00 per sector per change. Passengers booking private charters flights are entitled to exclusive use of the aircraft operating within passenger and cargo limitations applicable to a specific route. Positioning sectors are not available for use by the charter customer and customers are reminded that a charter applies only for the routing requested and confirmed by Ulendo Airlink. The carrier may use any positioning sectors without any compensation to the customer.
LUGGAGE & FREIGHT
As Nyasa Express aircraft are small, they require flexibility in seating arrangements and, on occasion, a group may be split and fly on different aircraft. Safety is always our primary focus and operating weight is a vital consideration for planning purposes. Passengers may have to be weighed on certain routes.
Passengers are permitted a maximum baggage allowance of 15 kilograms per person in soft case bags only. One small carry-on item, not exceeding 3kg, is permitted and passengers are reminded that aircraft do not have stowage areas in the cabin so carry-on items need to be carried by the passenger. The final decision on load on any flight is up to the pilot in command.
Passengers are kindly requested to adhere to the luggage restriction in the interests of safety. Flights to or from the Nyika only allowed 10 kilograms per person due to aircraft performance restrictions at altitude.
The carriage of excess baggage will be subject to the sole discretion of the carrier after taking into consideration the aircraft being used and the admissible maximum load for the routing. Excess Luggage accepted will be charged at a fee of US$5.00 per kg per sector unless excess allowance is requested and paid in advance in which case a rate of USD3.50 per kg will apply. Excess luggage tariffs are subject to review without prior notice. The carrier cannot guarantee excess luggage can be accommodated on any specific flight and strongly recommend passengers contact Ulendo Airlink in advance should they wish to fly with excess luggage or cargo.
Freight is carried strictly subject to aircraft capacity. The company does not accept any liability for any direct or consequential cost arising from any delays in the carriage, due to any reasons whatsoever. In the event of the freight being lost or damaged during carriage, the Company's liability is limited to a maximum of US$7.50 per kg. Freight charges are calculated by routing and must be booked and quoted through the carriers reservation office.
Dangerous goods must be declared as per the dangerous goods regulations. Goods must be packaged and marked correctly according to the appropriate authorities’ instructions
LIABILITY & DISCLAIMER
The Carrier shall not be liable for any damage to the Passenger or their Baggage of whatsoever nature and howsoever caused arising from The Carrier’s compliance with any laws or governmental regulations, or the failure of the Passenger to comply with the same. The Passenger by accepting this Passenger Ticket does hereby indemnify and hold harmless the Carrier from against all claims, payments, demands, actions, causes of action, losses and expenses which may be taken or made by any party, arising from the Carrier’s compliance with any laws or governmental regulations, or arising from the failure of the Passenger to comply with the same.
In the event that the Carrier shall become legally liable to pay compensatory damages (including all and any legal an incidental costs) in respect of accidental bodily injury (fatal or otherwise) to a Passenger whilst entering, on board or alighting from an Aircraft, the Carrier does hereby limit its liability to the maximum amount prescribed in the Article 22(1), (2) (a) and (b) and (3) of the Warsaw Convention amended by the Guadalajara Convention, as converted into Malawi Kwacha at published rates of exchange.
Any exclusion or limitation of liability contained herein, or in any additional notices issued by NYASA or on Our behalf relating to the Passenger’s Carriage, shall apply to and be for the benefit for agents, servants and representatives of the Carrier and any person whose Aircraft is used by the Carrier, its agents, servants and representatives.
Claims for any event must be received in writing by the company within 7 days of its occurrence. In case of dispute the Malawi Supreme Court shall be deemed the regulating authority. Any right to damages shall be extinguished if an action is not brought within one (1) month of the date of arrival at destination the date on which the Aircraft was scheduled to arrive, or the date on which the Carriage stopped.
No agent, servant or representative of the Carrier has the authority to alter, modify or waive any provision of these Conditions.
The conditions of carriage relating to the limits of liability of the carrier for death or personal injury and in respect of loss of or damage to baggage are subject to the provisions of Montreal Conventions 1999 and to prevailing Malawi Civil Aviation regulations. Nyasa Express reserves the right to change the terms and conditions within reason at anytime. The law of The Republic of Malawi shall apply to and govern all the rights and obligations of the Passenger and the Carrier hereunder. The Malawian courts shall have exclusive jurisdiction in any and all disputes arising from any all Carriage provided by the Carrier.
© NYASA EXPRESS LIMITED T/A ULENDO AIRLINK – MARCH 2019