Terms and Conditions issued by:
Cobaltair Limited, PO Box 40754, 6307, Larnaca, Cyprus
These Terms and Conditions:
Apply to any Flight operated by Cobaltair Limited and any Additional Services purchased by You which are provided by Cobaltair Limited and/or third party suppliers.
- Contact us at Support@cobalt.aero. It may take 30 days to answer your email, should you request be urgent we recommend that you contact our Call Centre.
Content of Terms & Conditions
Article 1 - Definitions
Article 2 - Applicability
Article 3 - Tickets
Article 4 - Stopovers
Article 5 - Fares and Rates
Article 6 - Reservation
Article 7 - Flight Check-In and Administrative Formalities
Article 8 - General Conditions of Carriage of Passengers & Baggage
Article 9 - Baggage
Article 10 - Schedules, Cancellation of Flight's Schedule
Article 11 - Refunds
Article 12 - Conduct Aboard Aircraft
Article 13 - Arrangements by the Carrier
Article 14 - Additional Services
Article 15 - Liability of Damage
Article 16 - Time Limitation on Claims and Actions
Article 17 - Financial Protection
Article 18 - Choice of Law and Jurisdiction
The following definitions are referred to within these Terms and Conditions and mean the following:
"We", "our", "ourselves" and "us" mean Cobalt or a subcontracted carrier, as applicable (see also definition of "Carrier"); and
"You", "your" and "yourself" means any person, except members of the crew, carried or to be carried on a flight bearing our Airline Designator Code with our consent (see also definition of "Passenger").
"Additional Services" means any products and services purchased by You other than as part of a Package and which are provided by third party providers.
"Agreed Stopping Places" means those places, except the place of departure and the place of destination, set forth in the Ticket or shown in our timetables as places at which the aircraft is scheduled to stop en-route;
“Additional Conditions” means all applicable terms and conditions to your Booking which apply in addition to these Terms and Conditions including but not limited to our Carriers Regulations, Hotel Terms and Conditions, and Car Rental Terms and Conditions;
“Airline Designator Code” – is the two or three letters or the letters and numbers which identify particular air carriers
“Authorised Agent” – is an agent who we have appointed to represent us in the sale or delivery of air transportation on our services
"Baggage" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked and Cabin Baggage;
"Baggage Check" means those parts of the Ticket (see definition below) which relate to the carriage of your Checked Baggage and includes the Baggage Identification Tag;
"Baggage Identification Tag" means a document issued solely for identification of Hold Baggage, which is normally attached to the Hold Baggage during travel;
“Booking” means the flight booking you have made with us, which entitles you to travel between the Agreed Stopping Places as agreed when you confirmed your Booking once the Tariff due for all Passengers in the Booking has been paid in full;
“Booking Reference” means the number you are given by us to identify each flight reservation and each car rental reservation made by you which is confirmed by us;
“Business Day” – means a day (other than a Saturday or Sunday) on which banks are ordinarily open for business in Republic of Cyprus;
“Cabin Baggage” – this is baggage which you have presented for carriage which you carry on-board (see Baggage conditions relevant to your flight and Tariff conditions);
“Car Rental Terms and Conditions” means rules, other than these Terms and Conditions in effect from time to time governing your car rental and are available on the Car Rental website;
"Carrier" means Cobalt or a subcontracted carrier, as applicable (see also definition of "we, "our", "ourselves" and "us");
"Carrier's Regulations" means rules, other than these Terms and Conditions, published by us and in effect from time to time governing carriage of Passengers and/or Baggage and shall include applicable Tariffs in force from time to time and are available on our Website;
"Checked Baggage" means Baggage of which we take custody and for which we have issued a Baggage Identification Tag;
“Child” means a Passenger between the ages of 2 and 12 years old;
as supplemented by the Guadalajara Convention (1961) where applicable;
“Core Languages”means English or Greek.
"Damage" includes death, wounding or bodily injury to a Passenger and loss, partial loss, theft or other damage to Baggage of whatsoever nature arising out of or in connection with carriage or other services incidental thereto performed by us;
"Days" means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted;
"EC Regulation" means Council Regulation 2027/97 on air carrier liability in the event of accidents as amended by European Parliament and Council Regulation No. 889/2002;
“Fare” means the amount paid or to be paid for the relevant Flight and may include fees and taxes as applicable;
“CO” means the IATA Designator for Cobalt
“FCB” means the ICAO Designator for Cobalt
“Flight” means a single Flight from one airport to another airport;
“Hand Baggage” (see also definition of Cabin Baggage) which is equivalent to cabin luggage and includes all personal items taken on-board by a Passenger and is any Baggage that is not Hold Baggage
"Hold Luggage" (see also definition of Checked Baggage) means Baggage of which We take custody which is stowed in the aircraft hold and for which We have issued a Baggage Identification Tag.”
“Hotel Terms and Conditions” means rules, other than these Terms and Conditions in effect from time to time governing your accommodation services and are available on the Hotel provider’s website;
“Infant”means a Passenger under 2 years of age;
"Journey" means a single Flight from one airport to another airport;
“Minor” means a Passenger under 12 years of age (see also Unaccompanied Minor);
"Passenger" means any person, except members of crew, carried or to be carried in an aircraft with our consent (see also definition for "you", "your" and "yourself";
“PNR” means the Passenger Name Record and is used to reference a Ticket
“Rate” means the amount paid or to be paid for any relevant car rental Booking;
"Special Drawing Right" is a unit of currency which the International Monetary Fund fixes from time to time as having a Sterling or other currency equivalent;
"Stopover" means a break in your journey at an Agreed Stopping Place, which break has been agreed to in advance by us;
"Tariff" means the Fares, Rates, charges and conditions applicable thereto;
“Terms and Conditions” means these terms and conditions published by us and in effect from time to time governing your Booking;
"Ticket" means the confirmation of Flight details and car rental reservation (including the Booking Reference) together with Terms and Conditions and important notices issued by us or on our behalf (whether in the form of a Confirmation Letter or the equivalent information on the Website), the Boarding Pass issued at check-in and the rental agreement issued by the car rental company. A ticket may be referred to as a Booking or by PNR or by electronic ticket number;
"Unaccompanied Minor", children under 12 cannot travel alone and must be either accompanied by an adult or avail of the ‘Unaccompanied Minor’ service. This service may be booked for children aged between 5 years old and 14 years old but is also available to children up to the age of 16 years old. This service may be booked via the Customer Contact Centre.
"Unchecked Baggage", which is equivalent to hand luggage including all personal items taken on board by a Passenger, is Baggage other than Checked Baggage; and
"Website" means the internet site www.cobalt.aero provided by us for the purpose of Passengers making online reservations.
"Wet-leasing" is a common airline industry practise whereby airlines use aircraft operated by partner airlines to support their fleets during busy schedules.
“Youth” means a Passenger between the ages of 12 and 16 years old.
2.1A Except as provided in Paragraphs 2, 3 and 4 of this Article, these Terms and Conditions govern all bookings you make with us and to any liability we may have in relation to that Booking. Except for the sale of flights, we operate on a “disclosed agency” basis. This means that we act as a disclosed agent for third party suppliers such as hotel and car hire suppliers. Each supplier will have its own terms and conditions which govern its products in addition to our own terms. Please ensure that you have read both our own terms and conditions and for Additional Services the terms and conditions of the relevant suppliers before you complete your transaction with us.
2.1B The Additional Conditions form a part of these Terms and Conditions and apply to your Booking. We strongly advise that you read the Additional Conditions relevant to your Booking. These are available through our Website, from the relevant third party providers and the car rental or hotel provider’s websites.
2.1C All products our Website are not an offer by us but an invitation for you to make an offer to us or our suppliers. You make this offer when you click the “Purchase” booking during the booking process. We are able to accept or reject any such offers on our own behalf where we are acting as principal or on behalf of our suppliers where we are acting as disclosed agent. If we do accept your offer, we will send you an e-mail confirming acceptance. Once you have received an email from us confirming our acceptance of your booking there is a binding contract in place between you and either your supplier of the product where we are acting as disclosed agent or with us where we are acting as principal. Please check the confirmation e-mail very carefully. If there are any discrepancies or it is not what you think you ordered, please contact us immediately.
2.1D When you make a booking, we will ask you for a lead booking name. The lead name on the booking guarantees that he or she has the authority to accept and does accept these terms and conditions on behalf of the whole party. The lead booking name undertakes that he/she has authority to act on behalf of all passengers and/or members of that booking party. This includes accepting any communications/correspondence from us or our suppliers on behalf of all passengers/members of your booking party. You have to be at least 18 years old to be the lead booker.
2.1E By providing the lead booking name and contact details you consent to our use of these contact details in all later correspondence, between you and us or our suppliers. It is particularly important that the contact details provided to us are correct because we will use these details if we need to contact you to inform you of any changes, amendments and cancellations to your booking.
If carriage is performed pursuant to a charter agreement, these Terms and Conditions apply only to the extent they are incorporated by reference by the terms of the charter agreement and the charter ticket. Specific conditions may vary for a Charter contract such as Baggage Policy, Fees and on board services. Please check with your Charter Company.
2.3. Overriding Laws
If these Terms and Conditions or any of them are inconsistent with any laws (such as the Convention) which apply to your contract of carriage with us, those laws will apply.
2.4. Conditions Prevail over Additional Conditions
Except as provided herein, in the event of inconsistency between these Terms and Conditions and any relevant Additional Conditions to your Booking, these Terms and Conditions shall prevail.
3.1. Ticket Prima Facie Evidence of Contract
The evidence of the contract of carriage is the Ticket. The Ticket, these Terms and Conditions and other Additional Conditions (including applicable Tariffs) together constitute the terms and conditions of the contract of carriage between you and us.
3.2. Changes to your Ticket
If you wish to change your flight or the Passenger to be carried you may do so in the circumstances provided in Article 6.2 and our Carrier's Regulations. Otherwise, your contract of carriage with us is not transferable. We shall not be liable to any person entitled to be carried by us or for any refund in connection with a proposed Flight if, in good faith, we provide carriage to a person purporting to be entitled to carriage or make any refund to the person entitled in accordance with Article 11.
A Ticket is only valid for the Passenger named and the Flight and car rental specified being the person and Flight and car rental for which the reservation was originally made or as subsequently changed and accepted by us in accordance with Article 3.2 above.
Stopovers may be permitted at Agreed Stopping Places subject to Government requirements and our Carrier's Regulations.
Fares and Rates
5.1A Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport services between airports and between airports and town terminals, unless provided by us without additional charge. Fares will be calculated in accordance with our Tariff in effect on the date of payment for the Ticket for the Flight or Flights concerned. Should you wish to change your Flight or any part of your itinerary there may be additional payments due, as specified in our Carrier's Regulations.
5.1B Under certain circumstances customers transacting with payment cards on a cross border basis may be subject to additional fees levied by their card issuer. Any query relating to these fees should be taken up with the card issuer.
5.2 Taxes and Charges
Any taxes or charges imposed by Government or other authority, including the operator of an airport, which we are obliged to collect from you or pay in respect of you and your Flight may be payable by you to us in addition to the Fare. At the time you make a reservation you will be advised of the total amount of such taxes and charges not included in the Fare and payable by you. Such taxes and charges imposed on air travel are constantly changing and can be imposed after the date that your reservation has been confirmed. If any such tax or charge is introduced or increased after the reservation was made you will be obliged to pay it prior to departure. Failure to make payment may affect your ability to fly with us. You authorise us to deduct such charges from the credit card or debit card used to make your booking. Similarly, if any such tax or charge due is abolished or reduced before we are obliged to pay it you will be entitled to claim a refund from us.
Fares, Rates and charges are payable in the currency of the departure airport.
6.1 Reservation Requirements
A reservation for a particular Booking is confirmed by the issuance by us of a Booking Reference. It is not necessary for you to reconfirm a Flight for which there is a Booking Reference.
6.2.A Passenger name(s)changes: You are not entitled to change the Passenger name(s) on confirmed Flight reservations.
6.2.B Changes on Bookings may be made, subject to space being available, up to four (4) hours prior to the scheduled departure time of the original Flight on payment of a fee per Passenger per Flight and any difference in Fares or taxes and other charges which may be applicable at the time the change is made, subject always to the conditions in our Carrier's Regulations.
Fares, Rates, charges, and all taxes in relation to your Flight reservation must be paid in full when a confirmed reservation is made. If such sums have not been paid in full when a reservation is confirmed, we may at any time prior to check-in cancel the reservation.
6.4 Personal Data
6.5 Flight Seating
All flights operate with allocated seating, we reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons A refund will be given in circumstances where a premium seat is not available if you have purchased one. See Article 11 on how to obtain a Refund.
6.6 Fare non-refundable
Fares paid by You on confirmed bookings are non-refundable; if for any reason you fail to use the seat for which a Flight Booking has been made, the amount paid will not be returned to you except for as provided in Articles 10.2 and 11.1 or as otherwise provided in our Carrier's Regulations.
6.7 Rate non-refundable
The Rate paid by You for a car rental Booking will not be returned if you fail to collect the car for which the Booking has been made, except as provided in Article 14. For the avoidance of doubt, no refund shall be payable for rentals ended early or for cancellations made after the rental start date.
6.8 Core languages
Following confirmation of a reservation, after sales, support shall be provided by our customer services team in one of the following languages only: English or Greek (also known and referred to by us as the “Core Languages”).
Flight Check-In and Administrative Formalities
7.1 Check-in deadlines
Check-in at the Airport
You must arrive at the airport sufficiently in advance of the scheduled Flight departure time to permit completion of Government formalities and check-in procedures. Check-in deadlines may vary at different airports and for particular Flights. It is your responsibility to ensure that you comply with these deadline details of which You will be informed at the time you make your reservation. In any event, we reserve the right not to accept You on board a flight in less than 45 minutes before the scheduled departure time of your Flight. If you fail to present yourself for check-in by the time limit stated above, or appear to be improperly documented and not ready to travel, we may refuse to carry you and we are not liable for any loss or expense due to your failure to comply with the provisions of this Article. For the avoidance of doubt this includes if you fail to submit or present information required in relation to Advanced Passenger Information regulations.
On certain routes, online check in may be available and you will be informed where this option applies to your Flight in your Booking Confirmation. Where applicable, you may check-in online and print out your boarding pass after making your Booking and up until 4 hours prior to the scheduled departure time of your Flight allowing you to proceed straight to security on arrival at the airport. Subject to Article 6.5 above, you must present yourself at the boarding gate ready for boarding not later than 25 minutes before the scheduled departure time of your Flight (gate closes strictly 15 minutes before scheduled departure time). If you fail to present yourself at the boarding gate by the time limit stated above, or appear to be improperly documented and not ready to travel, we may refuse to carry you and we are not liable for any loss or expense due to your failure to comply with the provisions of this Article.
We reserve the right to stop online check-in at any time. Where the online check in service is withdrawn, you will be contacted by email notifying you of the fact and you will be required to check in at the airport in accordance with Article 7.1 and Article 7.2 of these Terms and Conditions.
7.2 Requirement for Check-in at the airport
On check-in you (and all the members of your party) are required to present certain information relating to your Flight and identity. This must include the Booking Reference of the Flight which you have confirmed with us and an acceptable form of photographic identification. Details of these requirements, necessary for all Flights (both international and domestic), are stated in our Carrier's Regulations.
7.3 Requirement for Online Check-in
At security you are required to present your printed out boarding card and certain information relating to your identity. Details of these requirements, necessary for all Flights (both international and domestic), are stated in our Carrier's Regulations.
You are solely responsible for complying with all laws, regulations, orders, demands and requirements of countries to be flown from, into or over and with our Carrier's Regulations and instructions given by us relating thereto. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions.
7.5 Travel Documents
You are responsible for obtaining and must possess and have available for presentation as required all entry and exit, health and other documents required by laws, regulations, order, demands or requirements of the countries to be flown from, into or over. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.
All non-EU/EEA citizens must have their travel documents checked and stamped at the Check-in Desk before going through airport security.
7.6 Refusal of Entry
You agree to pay the applicable Fare and all penalties or fines whenever we, on order of any Government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether of transit or destination. In such circumstances we will not refund any Fare to you for Flights with us that you are unable to fly for these reasons.
7.7 Passenger Responsible for Fines, Detention Costs, etc
If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries to be flown from, into or over or to produce the required documents, you shall on demand reimburse to us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds in our possession.
7.8 Security Inspections
You shall submit to any security checks or requirements by Government or airport officials or by us. This shall include all information required for Advanced Passenger Information requirements.
8.1 General Conditions of Carriage of Passengers and Baggage
Cobalt may refuse carriage of any passenger if, in the exercise of its reasonable discretion, finds it necessary:
a) For reasons of safety; or
b) In order to prevent violation of any applicable laws, regulations; or
c) Due to orders of any state or country to be flown from, into or over; or
d) Because the conduct, age, or mental or physical state of the passenger is such as to: - require special assistance of the Company; or
e) Due to him causing discomfort or making himself objectionable to other persons or property; or
f) This involves any hazard or risk to himself or to other persons or property; or
g) The passenger has failed to observe the instructions of Cobalt.
8.2 Carriage of Special Categories of Passengers (SCPs)
8.3 General SCPs are persons requiring special conditions, assistance and/or devices when carried on a flight including at least:
a) Persons with reduced mobility (PRMs) are understood to be any person whose mobility is reduced due to any physical disability, sensory or locomotory, permanent or temporary, intellectual disability or impairment, any other cause of disability, or age;
b) Infants and unaccompanied children; and
c) Deportees, inadmissible passengers or prisoners in custody.
8.4 Passenger with Reduced Mobility (PRM) A passenger with reduced mobility (PRM) is understood to mean a person whose mobility is reduced due to physical incapacity (sensory or locomotory), an intellectual deficiency, age, illness or any other cause of disability when using transport and when the situation needs special attention and the adaptation to a person’s need of the service made available to all passengers.
Assistance to PRM in case of emergency evacuation shall be assured by cabin and / or flight crew or able body accompanying persons.
Note: Normally, PRMs are divided into two categories: Non-medical case (NON-MEDA) and Medical case (MEDA).
8.5 Acceptance Limitations of Special Passengers For safety reasons these categories of passengers may never be seated in emergency exit rows.
Some PRM (Passenger with Reduced Mobility) categories, if travelling as a group, may be combined providing they are accompanied by able-bodied escorts of minimum 18 years of age.
PRM’s may take free of charge a wheelchair, crutches or other mobility device in addition to the regular carry-on baggage allowance.
Exceptions to the PRM’s limitations shall be authorised. The request shall be submitted to the responsible departments (Flight Operations and/or Ground Operations) for approval.
The information to the flight crew about passengers needing special assistance and animals carried as checked baggage is done using the Passenger Information List (PIL).
8.6 Passengers with Reduced Mobility in Groups Accompanying persons are always required in addition to the standard cabin crew. These able body attendants are responsible for comfort, safety and assistance during emergency evacuation.
The cabin and/or flight crew shall assist as far as possible and depending on situation.
Groups (more than three) shall be seated far from emergency exits, in such a way that in case of emergency evacuation they will not hinder the evacuation of the other passengers.
8.6.1 Pregnant Passengers
After the 28 weeks, you need to carry a certificate or letter from a registered medical practitioner confirming:
- The estimated date of delivery
- Whether it is a single or multiple pregnancies
- That your pregnancy is routine and that there are no complications
The certificate or letter must be available on request and be carried with you at the airport and during the flight.
If you do have complications with your pregnancy, a Medical Clearance is also required.
Beyond 36 weeks for single pregnancy and beyond 32 weeks for multiple pregnancies, air travel is prohibited
After delivery, medical clearance is required if you are travelling within 7 days of your delivery date.
A newborn cannot travel for 48 hours after delivery and need to complete the Medical Clearance Form to travel between 3 and 7 days after delivery.
Note: Cobalt does not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner prior to your flight. The periods referred to above are only our minimum requirements.
8.7 Non-Medical Case (NON-MEDA)
a) A NON-MEDA is a passenger with reduced mobility for whom NO medical clearance is required. Non-medical cases include:
i) DEAF: deaf passengers;
ii) BLND: blind passengers;
iii) An accompanying service animal (blind guide dog/hearing dog) shall be muzzled.
iv) Elderly passengers;
v) WCHR, WCHS and WCHC passengers if need for a wheelchair is not a result of a medical condition (i.e. need for wheelchair because of age, comfort, etc.).
b) A NON-MEDA shall not necessarily be accompanied by a private escort, except when the passenger is not able to:
i) Fasten his seat belt by himself;
ii) Eat by himself;
9.1 Items Unacceptable as Baggage
(a) You must not include in your Baggage:
(i) items which do not constitute Baggage as defined in Article 1 hereof properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care in handling;
(ii) items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA) and in our Carrier's Regulations (such documents are available from us on request);
(iii) items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over;
(iv) items which in our reasonable opinion are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items;
(v) live animals, except as provided for in paragraph 9 of this Article;
(vi) human remains except as provided in paragraph 10 of this Article.
(b) Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as Checked Baggage in accordance with our Carrier's Regulations. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA Dangerous Goods Regulations.
(c) You must not include in Checked Baggage fragile or perishable items, money, jewellery, precious metals, silverware, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
(d) Weapons such as antique firearms, swords, knives and similar items may at our reasonable discretion be accepted as Checked Baggage, in accordance with our Carrier's Regulations, but will not be accepted into the cabin.
(e) If any items referred to in (a) (b) (c) or (d) of this paragraph are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Terms and Conditions applicable to the carriage of Baggage.
9.2 Right to Refuse Baggage
(a) We may refuse carriage as Baggage of such items described above in Article
9.1 that are prohibited from carriage as Baggage and may refuse further carriage of any such items on discovery thereof.
(b) We may refuse to carry as Baggage any item because of its size, shape, weight or character.
(c) We may refuse to accept Baggage for carriage unless properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling.
9.3 Right to Search
(a) For reasons of safety and security, we may require you to permit a search, x-ray or other type of scan to be made of your person and your Baggage, and may so search or have searched your Baggage in your absence if you are not available, for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in Article 9.1 or any items or munitions which have not been presented to us in accordance with Article 9.1. If you are unwilling to comply with such requirement we may refuse without refund or other liability to carry you or your Baggage. In the event that a search or scan causes damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence.
(b) If required, you must attend the inspection of your Baggage, checked or unchecked, by customs or other Government officials. We are not liable to you for any loss or damage suffered by you through your failure to comply with this requirement unless due to our negligence.
9.4 Checked Baggage
(a) Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage.
(b) Checked Baggage must have your name or other personal identification affixed securely to it.
(c) Checked Baggage will be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative Flight. If your Checked Baggage is carried on a subsequent Flight, we will deliver it to you within a reasonable time of the arrival of that Flight unless applicable law requires you to be present for customs clearance.
(d) We are unable to accept liability for damage to baggage due to wear and tear, which includes the following:
(i) Minor cuts, scratches, scuffs, dents, dirt and stains
(ii) Damage to wheels, feet or extending handles
(iii) Damage to fragile or perishable items
(iv) Damage due to over-packed baggage
(v) Loss of external locks, pull straps, security straps or zipper tabs
(vi)Baggage accepted under the conditions of the Limited Release Tag (LRT)
(vii) Items confiscated by airport authorities or security
(e) Passengers should not include the following items in their checked baggage:
(i) Fragile and perishable items
(iii) Computers and personal electronic devices
(iv) Stored data
(vi) Any medication or medical equipment
(vii) Valuable documents such as business documents, passports, certificates, identification documents, negotiable papers etc.
(f) We accept fragile, perishable, and inadequately-packed baggage upon completion of a Limited Release Baggage tag. Baggage with pre-existing damage shall likewise be accepted as a Limited Release Baggage. The Limited Release Baggage Tag releases the airline from liabilities on baggage resulting from any pre-existing damage or unsuitability for transport.
9.5 Baggage Charges
You may carry checked Baggage as specified and subject to the conditions, fees and limitations contained in our Carrier's Regulations
9.6 Excess Baggage
Each Passenger is usually permitted to transport on payment of a fee Checked Baggage up to a maximum weight, as specified in Carrier's Regulations. You will be obliged to pay the Checked Baggage fees and any excess Checked Baggage fees at the rate and in the manner provided in our Carrier’s Regulations.
9.7 Unchecked Baggage
(a) Each Passenger is usually permitted to transport one standard piece of Unchecked Baggage in the cabin as hand Baggage to a maximum weight and size, in accordance with our Carrier's Regulations. Baggage which you carry on to the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin. Items determined by us to be of excessive size will not be permitted in the cabin.
(b) Objects not suitable for transport in the cargo compartment will not be accepted for transportation in the cabin compartment except as otherwise provided in our Carrier's Regulations or with our express prior consent. The transport of such objects may be charged for separately.
9.8 Collection and Delivery of Baggage
(a) You shall collect your Baggage as soon as it is available for collection at places of destination or stopover. If you do not collect it within a reasonable time, we may charge a storage fee. If Checked Baggage is not claimed within three (3) months of the time it was made available to you, we may dispose of it without any liability to you.
(b) Only the bearer of the Baggage Identification Tag, delivered to the Passenger at the time the Baggage was checked, is entitled to delivery of Baggage.
(c) If a person claiming the Baggage is unable to produce a Baggage Identification Tag for identification of the Baggage, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right thereto, and if required by us, such person shall furnish adequate security to indemnify us for any loss, damage or expense which may be incurred by us as a result of such delivery.
(d) Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is prima facie evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
(a) Save as provided below, the carriage of animals and livestock of any kind is forbidden.
(b) Service dogs accompanying sight/hearing and physically handicapped Passengers together with containers and food, will be carried, subject always to our Carrier's Regulations.
(c) Acceptance for carriage of the above animals is subject to the condition that the Passenger assumes full responsibility for such animal. We shall not be liable for injury to or loss, delay, sickness or death of such animal unless caused by our fault or negligence.
9.10 Human Remains
Cobalt accepts, where operationally feasible, the transport of human remains and this should be reserved though the contact support centre. (see Contact Us).
The carriage of human ashes is accepted subject to our Carrier's Regulations. Ashes must be safely packed in a suitable container. Death certificate and cremation certificate must be presented at the airport. Ashes can only be carried as part of your Cabin baggage.
Schedules, Cancellation of Flights
10.1 We will take all reasonable measures necessary to carry you and your Baggage with reasonable dispatch and subject to Article 10.2(c) to adhere to published schedules in effect on the date of travel. Times shown in timetables, schedules or elsewhere are not guaranteed and form no part of the contract of carriage.
Cancellation, Changes of Schedules, etc.
10.2 At any time after a reservation has been made we may change our schedules and/or cancel, terminate, divert, postpone or delay any Flight where we reasonably consider this to be justified by circumstances beyond our control or for reasons of safety. If we do so:
(a) in the event of cancellation, we will make a refund in accordance with Article 11 subject to any other options you may accept as stated in the Carrier's Regulations;
(b) in the event of diversion we will arrange for you to be carried (at our expense) to the Agreed Stopping Place or place of destination to which the Flight was intended to be bound;
(c) in the event of delay or disruption to our published schedule we will apply the procedures set out in our Carrier's Regulations; and
(d) we will have no other liability to you in any way whatsoever save as set out in our Carrier's Regulations.
10.3 Where a cancellation or significant alteration is made to our schedule before the date of your departure, we will make reasonable efforts to inform you of any such cancellation or alteration.
10.4 Except in the case of negligence or fault on our part our act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, we shall not be liable for errors or omissions in timetables or other published schedules as to the dates or times of departure or arrival or as to the operation of any Flight.
10.5 Cobalt is committed to the delivery of its own aircraft but may from time to time need the support of our wet-leasing partners to meet operational needs.
10.5 If we are unable to provide you with previously confirmed space on any Flight, we shall provide you with compensation in accordance with our denied boarding compensation policy as referred to in our Carrier's Regulations. Details of this policy are available on request and at check-in counters.
On failure by us to provide carriage in accordance with the contract of carriage or where a refund is payable in accordance with these Terms and Conditions, our Carrier's Regulations, refund of the Fare, or portion thereof as applicable shall be made by us in accordance with this Article and with our Carrier's Regulations. In any other circumstances not covered in these Terms and Conditions, we will not refund Fares on request except in accordance with our Carrier's Regulations.
11.2 Taxes and Charges
If after having made a reservation you do not fly with us, whether or not a refund of the Fare is payable you will be entitled to claim a refund of any APD advised to you and payable by you in accordance with Article 5.2, which as a consequence we have no obligation to pay to any Government or other authority. We reserve the right to deduct a reasonable service charge from any such refund where you fail to fly with us despite a Flight being available.
11.3 Person to whom refund will be made
(a) We shall make a refund only to the person who has paid the Fare, who may be required to produce satisfactory proof of original payment. Payment will be made to the credit or debit card used to make the original booking.
(b) Except in the case of lost Tickets, refunds of Fares will only be made on surrender to us of the Tickets or any other documentation provided by us in relation to carriage.
(c) Refunds of Rates will only be made in accordance with article 14 and should be made directly to the third party supplier.
(d) A refund made to anyone presenting the Ticket or any other documentation provided by us in relation to carriage and holding himself out as a person to whom refund may be made in terms of subparagraphs (a), (b), or (c) of this paragraph shall be deemed a proper refund and shall discharge us from liability and any further claim for refund.
All refunds will be subject to Government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the Ticket was paid for but may be made in another currency in accordance with our Carrier's Regulations.
11.5 Credit Card Charges
Credit card charges are not refundable.
11.6 Refund Alternatives
In circumstances where you accept an alternative to a refund the provisions of this Article will apply to that alternative.
Conduct Aboard Aircraft
12.1 If in our reasonable opinion you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instruction of the crew or use any threatening, abusive or insulting words towards the crew or behave in any of these ways towards the crew, or behave in a disorderly manner or in a manner to which other Passengers may reasonably object, we may take such measures as we deem necessary to prevent continuation of such conduct including your restraint or removal from the aircraft. You may be prosecuted for offences committed on board the aircraft. You will indemnify us for all costs arising from your improper conduct on board the aircraft.
12.2 Unless we give our definite prior permission, you are prohibited for reasons of safety from operating on board an aircraft any electronic equipment or similar devices except hearing aids and heart pacemakers. The equipment and devices which are prohibited from use include, but are not limited to, portable radios and recorders or transmitting devices (including radio controlled toys and walkie-talkies).
Small portable electronic devices (such as mobile phones or tablets) may be used during all stages of a flight if Flight Mode is selected. For safety reasons, laptops and larger portable electronic devices must be stowed during taxi, take-off and landing or at any other time as requested by the Crew.
Any device that transmits or receives communications which does not have a flight mode, must be switched off for the duration of the flight.
12.3 If as a result of your conduct we decide, in exercise of our reasonable discretion, to divert the aircraft for the purpose of offloading you, then you must pay to us all costs which we incur of any nature whatsoever as a result of or arising out of that diversion.
Arrangements by the Carrier
Notwithstanding Article 2.1:
If in the course of concluding the contract of carriage by air we also agree to make arrangements with third parties for the provision of Additional Services, we shall make such arrangements only as your agent and shall have no liability to you except for negligence on our part in making such arrangements; and prices offered for such Additional Services are offered by the relevant third party provider and acceptance of the quote authorises us to make full payment of their cost to the relevant third party on your behalf.
When the services of any third party offering to provide services other than carriage by air (such as transfers, hotel or bed reservations, car rental, parking services or airport security fast track services) are promoted either on www.Cobalt.aero or in any other media, these services are operated by third parties and the terms and conditions of the third party service provider will apply. We are not responsible for the correct performance or otherwise of these third party suppliers and in particular are not responsible for late, cancelled or incorrectly featured transfer information.
Liability for Damage
15.1 Save as provided by the EC Regulation, carriage by us is subject to the rules and limitations relating to liability established by the Convention unless such carriage is not international carriage to which the Convention applies.
15.2 The following conditions apply to all carriage of Passengers by us.
(a) We shall be liable to you in the event of an accident resulting in your death or other bodily injury whilst on board an aircraft operated by us or in the course of any of the operations of embarking or disembarking.
(b) The amount of damages payable by us is not subject to any financial limit (be it defined by law, the Convention or contract) but for damages exceeding 100,000 Special Drawing Rights we can exclude liability if we prove that either such damage was not due to our negligence or other wrongful act or omission or that of our servants or agents or that such damage was solely due to the negligence or other wrongful act or omission of a third party.
(c) If we prove that the damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the deceased or injured Passenger we may be exonerated wholly or in part from our liability in accordance with applicable law.
(d) In the event of an accident resulting in the death or other bodily injury to a Passenger whilst on board an aircraft operated by us or in the course of embarking or disembarking, we shall without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established (by a court or otherwise), make such advance payments as may be required to meet the immediate economic needs of that person on a basis proportional to the hardship suffered, provided that in the event of death the advance payment will not be less than the equivalent of 16,000 Special Drawing Rights per Passenger.
(e) Any advanced payment paid pursuant to (d) above:
(i) shall not be construed as an admission of liability by us and is made without prejudice to any defence which we are entitled to assert;
(ii) may be offset against any subsequent sums payable on the basis of us being held liable;
(iii) is not returnable unless we subsequently prove that: (1) the damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the deceased or injured Passenger; or (2) the person who received the advanced payment caused, or contributed to, the damage by negligence or other wrongful act or omission; or (3) the person who received the payment was not the person to whom such compensation should properly have been paid.
(f) Save to the extent that applicable law may otherwise provide, where any advanced payment paid pursuant to paragraph 2(d) above, or any part thereof, is returnable to us pursuant to paragraph 2(e)(iii) above, the person who received the payment concerned shall make the repayment to us immediately upon the relevant proof being established (in a court or otherwise), together with interest calculated from the date of receipt of the payment by that person until the date of repayment to us, at the then current judgment rate applicable in the court having jurisdiction.
(g) In respect of any advance payment to be made pursuant to paragraph 2(e) above or any figure expressed in terms of an equivalent in Euros to an amount in Special Drawing Rights:
(i) the amount of the Euro equivalent shall be calculated at the prevailing rate set by the International Monetary Fund for the relevant date;
(ii) any figure shall be interpreted, as Pounds Sterling by applying the prevailing market conversion rate for Pounds Sterling to Euros for the relevant date of payment or determination as the case may be.
15.3 The following conditions apply to all carriage of Baggage by us:
(a) in respect of Checked Baggage, we shall be liable to you for its destruction, loss or damage during the time it was in our charge and to the extent that damage did not result from the inherent defect, quality or vice of the Baggage;
(b) in respect of Unchecked Baggage, we shall only be liable to you if the damage resulted from our fault or that of our servants or agents;
(c) our liability to you in respect of Baggage shall be limited to a maximum of 1,000 Special Drawing Rights per Passenger unless (i) a higher value is declared to us at check-in of the Baggage concerned and a supplementary sum paid if required by us, in which case our liability shall be limited to such higher declared value (subject to such higher sum being limited to the value of the Passenger's actual interest in delivery at destination or (ii) it is proved that the damage resulted from our act or omission or that of our servant or agent and was done with intent to cause damage or recklessly and with knowledge that damage would probably result, and in the case of such an act or omission by a servant or agent, it is also provided that they were acting within the scope of their employment.
15.4 Special Drawing Rights shall be converted into the appropriate national currency as at the date of judgment or settlement.
15.5 To the extent that not in conflict with the foregoing and whether or not the Convention applies:
(a) We are liable only for damage occurring on our Flights. A carrier issuing a ticket or checking Baggage on the Flights of another carrier does so only as agent for such other carrier. Nevertheless, in cases where the Convention applies with respect to Baggage a Passenger may also have a right of action against the first or last carrier (in addition to any right of action against the carrier who performed the carriage during which the accident or delay occurred).
(b) We are not liable for damage to Unchecked Baggage unless such damage is caused by our fault or that of our servants or agents. If there has been contributory negligence on your part, our liability shall be subject to the applicable law relating to contributory negligence.
(c) We are not liable for damage arising from our compliance with any laws or Government regulations, orders or requirement, or from your failure to comply with the same.
(d) Our liability shall not exceed the amount of proven damages. We shall furthermore not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising.
(e) We are not liable for injury to a Passenger or for Damage to a Passenger's Baggage caused by property contained in such Passenger's Baggage unless that injury or damage is the result of fault or negligence on our part. Any Passenger whose property causes injury to another person or Damage to another person's property or to our property (which is not the result of fault or negligence on our part) shall indemnify us in respect of all claims against us and also for all losses and expenses incurred by us as a result thereof.
(f) We are not liable for Damage to articles not permitted to be contained (whether or not we knew that such articles were so contained) in Checked Baggage as set out in Article 9 above except where and to the extent that the Convention otherwise provides.
(g) If we carry you and your age or mental or physical condition is such as to involve any hazard or risk to you, we shall not be liable in any way whatsoever for any illness, injury or disability including death, attributable to such condition or for the aggravation of such condition arising out of the normal consequences of carriage by air.
(h) Any exclusion or limitation of our liability shall apply to and be for the benefit of our agents, employees and representatives and any person whose aircraft is used by us and such person's agents, employees and representatives. The aggregate amount recoverable from us and from such agents, employees, representatives and person and such person's agents, employees and representatives shall not exceed the amount of our limit of liability.
15.6 Unless expressly provided nothing herein shall waive any exclusion or limitation of our liability under the Convention or applicable laws.
Time Limitation on Claims and Actions
16.1 Notice of Claims
No action shall lie against us in the case of damage (including partial loss) to Checked Baggage unless the person entitled to delivery complains to us forthwith after the discovery of such damage prior to leaving the airport.
16.2 Limitations of Actions
Any right to damages shall be extinguished if an action is not brought against us within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court hearing the case.
17.1 Flights: Please note that these Bookings are not protected and you should ensure that you have adequate holiday insurance cover.
Choice of Law and Jurisdiction
Unless otherwise provided by the Convention or any applicable law, Government regulations, orders or requirements:
(a) these Terms and Conditions and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of the Republic of Cyprus; and,
(b) any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the Courts of the Republic of Cyprus.