Carriage

XIII. Application Of Fares

Fares and charges apply to air transportation between the airports through which the cities named in connection with such fares and charges are served by Real Tonga and on whose behalf such fares and charges are published. Ground transportation will be arranged by the passenger at his/her expense.

XIV. Currency

All fares and charges are based on the Tongan Pa’anga (TOP). Real Tonga reserves the right to set the conversion rates. The conversion rates may not, in all cases, match the daily bank rates.

XV. Round Trip Fares

When not specifically published via the desired routing, the round-trip fare will be the sum of the one-way fares applicable to the respective one-way segments.

XVI. Baggage

  1. General Acceptance – Real Tonga will accept for transportation as baggage such personal property as is necessary or appropriate for the wear, use, comfort, or convenience of the passenger for the purpose of the trips, subject to the following conditions:
    1. All baggage is subject to inspection by Real Tonga or authorized agents, however Real Tonga will not be obligated to perform inspection. Real Tonga will refuse to transport or will remove at any point, baggage that the passenger refuses to submit for inspection.
    2. Real Tonga may refuse to transport baggage on any flight other than the one carrying the passenger.
    3. Real Tonga may refuse to accept property for transportation which is not suitably or adequately packaged to withstand ordinary handling, whose size, weight, or character renders it unsuitable for transportation on the particular aircraft which is to transport it, or which cannot be accommodated without harming or annoying passengers, unless the passenger executes a release.
    4. Real Tonga will not be liable for the loss of or damage to valuables, fragile or perishable items, including but not limited to, money, medication, jewelry, silverware, documents, computers, electronic, photographic, audio, video or optical equipment and accessories, samples, heirlooms, documents/orders or other valuables included in a passenger’s checked baggage with or without the knowledge of Real Tonga.
  2. Checked and Carry-on Baggage – The suitability of baggage, as to weight, size, and character, to be carried in the passenger compartment of the aircraft will be determined solely by Real Tonga. Real Tonga will check baggage, acceptable under Real Tonga’s rules, which is tendered by a passenger, upon presentation of a valid eTicket for transportation on Real Tonga, or over the lines of Real Tonga and one or more other carriers, subject to the following conditions:
    1. Baggage must be presented at Real Tonga’s airport at least sixty (60) minutes prior to scheduled departure.
    2. Passenger’s name must appear legibly on baggage.
    3. Baggage will not be checked:
        1. To a point that is not on the passenger’s routing.
        2. Beyond the final destination designated on the passenger’s eTicket.
        3. Beyond a point at which the passenger wants to reclaim the baggage.
        4. Beyond a point at which the passenger is to transfer to a connecting flight, if that flight is scheduled to depart from an airport different from the one at which the passenger is scheduled to arrive.
        5. Beyond a point where such baggage must be surrendered for customs inspection.
        6. Beyond a point to which a passenger holds a confirmed reservation.
        7. Free Baggage Allowance – Real Tonga will transport the fare-paying passenger’s baggage between points on its lines for which a valid eTicket is presented without charge, subject to the following:
          1. Checked Baggage – You check your baggage that you wish to check at our check-in counter.
            • The combined weight of all baggage per passenger that is  free (no cost) is limited 15kilograms (33pounds) to be effective immediately from the 3rd December 2015 for all passengers travelling from Tongatapu to Vava’u.
            • For ‘Eua, Niuafo’ou and Niuatoputapu is reduced to 10kilograms (22pounds).
            • International connecting passengers into Tonga on the same day as their domestic flight will be eligible for 23kilograms (50pounds) to all sectors when providing international boarding pass or passport.
            • Passengers who are connecting from international services and were eligible for 23kilograms (50pounds) on their outbound domestic journey are entitled to 23kilograms (50pounds) on their inbound (returning to Tongatapu).
            • Any passengers originating from the islands and connecting to international services are only eligible for 15kilograms or 10kilograms depending on their origin port.
            • Any bookings processed or paid on or before 2nd December 2015 will still be entitled to 20kilograms baggage.
            • Identification tags should be attached to the inside and outside of the baggage.
            • Baggage and carry-on articles will be carried within space and weight limitations of the aircraft.
            • All baggage or goods presented for transportation are subject to inspection by our personnel.
            • Any articles of baggage or goods will not be carried when the articles are likely to endanger the aircraft, persons or property, are likely to be damaged by air carriage, or the carriage of which would violate any applicable laws, regulations, or orders.
          2. Carry-on Baggage – For the convenience and safety of all passengers the following dimensions will be used to determine the allowable carry-on baggage for each aircraft type:
            • Carry-on items can be checked for size by using the sizing device located at the check-in counter.
            • Carry-on baggage must be stored under the seat in front of you or in the overhead compartment.
            • Each passenger is allowed one (1) piece of carry-on baggage, total weight 4.5 Kilos (10 pounds). Standard size applies to carry-on baggage – 10 x 10 x 14 inches or 25 x 25 x 35 cm. Carry-on baggage must fit under the seat in front of you. All carry-on baggage must be completely stowed before the aircraft can depart from the gate.
          3. In addition to the maximum allowances stated above, each fare-paying passenger dependent upon such device may carry, without additional charge, a collapsible wheelchair excluding spill-able wet cell batteries or crutches and/or braces or other prosthetic device.
          4. Failure to undertake the trip shall subject the passenger to applicable freight charges for baggage so transported
          5. When two or more passengers traveling to the same destination on the same flight present themselves and their baggage at the same time and place, their maximum allowance will be the sum of their individual maximum allowances. Any baggage in excess of the combined maximum will be subject to excess baggage charges.
          6. Items Carried Free in Addition to the Free Allowance Above “Each fare” paying passenger may carry on or check, without additional charge, the following articles of baggage:
            • A handbag or pocketbook
            • An overcoat or wrap
            • An umbrella or walking stick
            • A camera or binoculars
            • An infant’s food/diaper bag for use in flight
            • Crutches and/or braces or other prosthetic devices on the same flight with the passenger dependent upon the device(s).

XVII. Excess Baggage

Baggage in excess of the maximum allowance specified in a paragraph above will be accepted for transportation only on a space available basis and only upon payment of the charges listed in the carrier’s tariffs. Baggage that cannot be accommodated on the same flight as the passenger will be accommodated on the next available flight to the passenger’s destination. Excess baggage falls into two categories: oversize or overweight pieces.

When baggage is carried over the lines of more than one carrier, each carrier on which the article is transported will charge its applicable charge.

  1. Oversize – An individual’s baggage is considered oversized when the size of anyone piece of baggage exceeds the free allowance. If any single piece exceeds the maximum, the piece must be shipped as cargo.
  2. Overweight Charges – An individual’s baggage is considered separately when the weight of anyone piece of baggage exceeds the free allowance. If any single piece exceeds the maximum. the piece will be assessed as follows: Excess baggage charges are according to the destination and are charged per kilogram according to the Real Tonga excess baggage tariff in force at the time of the flight.

XVIII. Delivery of Checked Baggage

  1. Checked baggage will be delivered to the bearer of the baggage claim check to the airport to which it was checked upon payment of all unpaid sums due the carriers under contract of carriage. Real Tonga is under no obligation to ascertain that the bearer of the baggage check is entitled to delivery of the baggage, and is not liable for any loss, damage or expense arising out of or in connection with such delivery.
  2. If a person claiming the baggage does not comply with the provisions of the sub-paragraph above, Real Tonga will deliver the baggage only on condition that such person established to Real Tonga’s satisfaction his rights thereto.
  3. Passengers who arrive at the airport of departure for check-in within sixty (60) minutes of scheduled departure or who are traveling on a stand-by basis and are accepted for carriage will be advised that it may not be possible to load their checked baggage on the flight on which he/she has been accepted, with or without the execution of a release, which relieves Real Tonga from liability if any delivery charges resulting from failure of baggage to arrive on the flight on which the passenger traveled, unless Real Tonga failed to exercise ordinary standard of care in the carriage and subsequent delivery.

XIX. Animals/Pets

 

Advance arrangements are required for all shipment of live animals.

Assist dogs in service to passengers with disabilities, law enforcement agencies, or with certified handlers are accepted in the passenger cabin without a container when properly harnessed or leashed and not occupying a seat.

Live wild (exotic) birds will not be accepted for transportation unless:

  1. the shipper, or the shippers agent certifies in writing on shipper’s letterhead, which must accompany the air waybill, that the birds being shipped were born or bred in captivity on special farms: or
  2. birds are transported for breeding purposes to or from a zoo, sanctuary, reserve, or rehabilitation center; and
  3. transport is restricted to Real Tonga on-line service only.

 

Containers for Carriage 

– Animals will be accepted for carriage by air in suitable clean containers which must be leak-proof and escape-proof. The container must be constructed in a manner which will permit handling staff to give the necessary attention to the animals without risk of the animals harming them. For general purposes, animals will be carried only in closed containers; carriage in open stalls must be especially arranged with the carrier’s concerned. Adequate liter must be provided to absorb excreta.

Carrier’s Acceptance

 – Only animals which appear to be in good health and condition and fit to travel to the final destination will be accepted for carriage by air. The shipper is required to declare when animals are pregnant, or have given birth in the last 48 hours. Mammals which are declared to be pregnant will not be accepted unless accompanied by a veterinary certificate certifying that the animal is fit to travel and there is no risk of birth occurring during the journey.

The time the animal(s) is/are delivered to the airline before the flight departure must must be pre-determined by the airline.

An air waybill must be completed on behalf of the shipper and must clearly show the common name of, and the number of species of animals in the consignment.

Carrier’s Liability 

– Carrier will not be liable for any loss, damage or expense arising from death due to natural causes or death or injury of any animal caused by the conduct or acts of the animal itself or of other animals such as biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature of propensities of the animal, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in the physical environment inherent in the carriage by air. In no event will the carrier be liable for death or injury to the animal attendant caused, or contributed to, by the condition, conduct or acts of animals.

XX. Special Items

The following special items or types of items will be accepted as baggage by Real Tonga subject to the conditions shown. Charges for their carriage are applicable to on-line carriage only. Interline carriage of these items is subject to charges and/or prior arrangements with the other carrier and the rules of its tariff.

  1. Bassinets/Infant carrying seats: Bassinets are not accepted. Infant carrying seats approved by the MOT are accepted free of charge, and are not included in determining the free baggage allowance. If the parent desires a confirmed seat for an infant with carrying seat, a eTicket must be purchased. Use of the carrying seat on-board is on a space available basis and is contingent upon the adjacent seat being unoccupied.
  2. Bicycles: (See Sporting Equipment below).
  3. Firearms:
  4. Are not permitted for carriage on Real Tonga services.
  5. Fragile items such as those listed below, will be accepted as baggage if they are appropriately packaged in an original factory-sealed carton, cardboard mailing tube, or container designed for shipping such items, or packaged with protective internal material. However, fragile items without appropriate packaging will be accepted upon the execution of a release furnished by Real Tonga, relieving Real Tonga of liability for loss or damage to the contents or delay in delivery resulting in damage or loss of checked baggage. Such loss or damage must result solely from the un-suitability of such items as checked baggage and/or the inadequacy of their packaging, and not from Real Tonga’s failure to exercise the ordinary standard of care.

The classes of items listed below are deemed to be fragile or perishable or otherwise unsuitable as checked baggage and are subject to the conditions of acceptance set forth above.

    1. Artistic Items: Paintings, drawings, pictures, prints, posters, lithographs, sculpture, plastics, plaster of paris molds or casts, antique items, ornamental or decorator items such as vases, figurines, trophies, display models, souvenirs, heirlooms and other art objects and curios.
    2. Chinaware, Glassware, Ceramics, and Pottery: China, pottery, glassware, crystal, lamps, mirrors, bottles, other glass containers (and any liquids contained therein) statues, ornamental and other articles made of baked clay, earthenware, porcelain, ivory, marble, alabaster, or other similar material, including ceramics, pots, bowls, dishes, glasses, crockery, ornaments, decorator and other items, binoculars, barometers and eyeglasses and contact lenses that are not in their hard case.
    3. Electronic and Mechanical Items: Electrical and mechanical items for business or home use such as computers and related components, software, cellular phones, pagers, fax machines, photocopiers, scanners, calculators, typewriters, televisions, radios, amplifiers, speakers, tape recorders, stereos, sewing machines, water pics, coffee pots, toasters, compact disk players, compact disks, video tapes, video games, video cartridges, records, audio tapes, turntables, dictation equipment, and other household or office appliances.
    4. Garment bags: Garment bags (and contents thereof) that are made of paper or vinyl material designed for carrying/protection, not for shipping. Garment bags (and contents thereof) that contain articles other than garments.
    5. Household Articles: Lampshades, lamps, picture frames, furniture and items of similar material.
    6. Liquids
    7. Liquor Cartons/Bottles
    8. Musical Instruments & Equipment: Instruments that are not protected or in carrying cases that are not sufficient to prevent damage when packed with other baggage or personal effects.
    9. Paper: Advertising displays, business documents, models, sketches, blueprints, maps, mechanical drawings, charts, historical documents and photographs.
    10. Perishable Items: Foodstuffs (fresh and frozen) such as meat, fish, fruit, poultry, vegetables, bakery goods, dairy products, medicines, floral items such as flowers, plants, foliage, branches, floral displays, and vegetable stock.
    11. Photographic/Cinematographic and Precision Equipment: Cameras, disposable cameras, projectors, lenses, film, microscopes, sensitive medical instruments, prostheses (other than mobility aids), dental and medical devices, watches, clocks, and other calibrated tools and equipment.
    12. Recreational and Sporting Equipment: Backpacks, sleeping bags, knapsacks (and the contents thereof) made of cloth, plastic, vinyl, or other easily torn material and those that have aluminum frames, outside pockets, straps, buckles, and other protruding parts, tennis rackets, bicycles, fishing rods, skis, surfboards, scuba-diving gear, scopes, sporting trophies, windsurfing equipment, animal horns and antlers, and golfing equipment.
    13. Miscellaneous Items
      1. Attached articles: Items that are tied, taped, wired, or strapped to the exterior of any piece of checked baggage.
      2. Boxes, sacks, or bags (and contents thereof) that do not have sufficient durability, a secure closure, or protection from damage to the container or its contents
      3. Brittle items.
      4. Footlockers
      5. Over-packed luggage
      6. Un-crated or unprotected items, cosmetic cases, hat boxes, wig boxes, infant strollers, umbrellas, bag carts, wheelchairs and other items whose shape size or material characteristics render it susceptible to damage.

XXI. Restricted Articles

Articles listed in the DOT Hazardous Materials Regulations (49 CFR 171 -177) and/or IATA Dangerous Goods Regulations and revisions and reissues thereof, will not be accepted for carriage as baggage.

DANGEROUS GOODS (HAZARDOUS MATERIALS). For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted.  Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with the carrier.

XXII. Charges for Carriage

The following items may be accepted as checked baggage (regardless of acceptance with or without a release form) and will travel on a space available basis. These items are included in determining the free baggage allowance and subject to normal baggage overweight charges and rules. When such item(s) is carried over the lines of more than one carrier, each carrier on which the item is transported will charge its applicable charge.

These items must conform to Real Tonga’s standard checked baggage size and weight limitations.
– Bicycles: Must have their handlebars boxed sideways and the pedals removed or be placed in cardboard containers. The maximum outside linear dimensions must not exceed 42″ x 8″ x 36″. Real Tonga does not provide containers. 
– All other sporting goods as well as pets, are included in the normal baggage allowance. The appropriate excess charges will apply for any weight over and above the baggage allowance.

  1. Golfing Equipment: A set is defined as a bag containing not more than 14 clubs. 12 golf balls, one set of foul weather gear, and one pair of shoes.
  2. Scuba-diving Equipment: Scuba Equipment is defined as one empty tank, one regulator, one tank harness, one pressure gage, one mask, two fins, one snorkel, one knife, one spear gun, and one safety vest or wet suit. A single charge applies even if the gear is in more than one piece.
  3. Skis: One pair of skis that must not exceed six feet in length.
  4. Surfboards: One surfboard that must not exceed six feet in length. Trunks/Footlockers:

XXIII. Cabin-Seat Baggage and Charges

When a passenger requests that item(s) of baggage be carried in the cabin, and Real Tonga determines that the item is acceptable as cabin baggage but is so fragile and/or bulky as to require the use of a seat, the baggage must be carried aboard the aircraft by the passenger and secured in the seat next to the passenger’s seat. Real Tonga will charge 100% of the applicable adult fare. Real Tonga will not include the cabin-seat baggage eTicket in determination of free baggage allowance or excess baggage charges. If the seat next to the cabin-seat baggage is required for use, the passenger boarding the baggage will occupy that seat. Acceptance of cabin-seat baggage is at the sole discretion of Real Tonga.

XXIV. Baggage Liability

  1. An incident involving loss of, or damage to, or delay in the delivery of baggage or personal property accepted into the custody of Real Tonga must be reported in writing to a Real Tonga representative within 24. hours. All claims for loss are subject to proof of value and must be presented in writing to Real Tonga within 45 days after occurrence of events giving rise to the claim. No suit or legal action in connection with a claim will be allowed unless such action is brought within one year after Real Tonga has denied the claim in writing.
  2. Maximum total liability for substantiated damages in the event of loss, physical damage, or delay in delivery of checked baggage to the destination airport shall be US$400 per eTicketed passenger unless:
    1. The passenger has declared and paid for a higher liability.
    2. This limitation shall also apply to baggage or personal property which has been checked or otherwise delivered into the custody of Real Tonga. Real Tonga may compensate the passenger for reasonable, documented expenses incurred as a direct result of loss or damage to, or delay in delivery of any personal property up to the limits of liability, or declared value, whichever is higher. When transportation is over the lines of Real Tonga and one or more carriers with a limitation of liability other than US$400, and responsibility for the loss, damage or delay in delivery of the property cannot be determined, the total liability of the combined carriers will be the lowest maximum liability.
    3. The maximum liability for the loss of, damage to, or delay in the delivery of any wheelchair or other assistive devices shall be in accordance with the Air Carrier Access Act, unless the passenger has excess valuation coverage as provided a paragraph below.
    4. In the event of delay in delivery of checked baggage, the carrier reserves the right to limit interim expense reimbursement in accordance with its Interim Policy.
  3. Exclusions from liability – When Real Tonga has exercised the ordinary standard of care, it assumes no liability for:
    1. Minor damage to luggage such as scuffs, dents, stains, and cuts that result from normal wear and tear.
    2. Damage to wheels or feet, or telescoping handles that are attached to the exterior of checked baggage, whether or not the passenger signs a release form.
    3. Damage to or damage from the types of fragile, delicately constructed, artistic, brittle and precision articles listed in this section, when contained or concealed in checked luggage with or without the knowledge of Real Tonga. Real Tonga is not liable for damage caused by spillage of liquids being carried in the passenger’s luggage. Liability will not be contingent upon the use of a release form.
    4. Deterioration or spoilage of any perishable articles contained in checked baggage, whether with or without the knowledge of Real Tonga. Liability will not be contingent upon the use of a release form.
    5. Any resulting expenses, including delivery charges, resulting from baggage not being loaded on the same flight as the passenger when the baggage is presented for checking less than 30 minutes prior to scheduled departure.
    6. Damage, loss, or theft of items taken on board an aircraft and remaining in the personal possession care of the passenger. Assistance provided by Real Tonga personnel to properly store such items does not transfer liability to Real Tonga.
    7. Items that are judged to be unsuitable as contents of checked baggage, and Real Tonga assumes no liability for loss, theft, damage or delay in the delivery of:
      1. cash, currency
      2. negotiable papers
      3. securities
      4. business contracts, documents
      5. jewelry , watches
      6. cameras, video and photographic equipment, camcorders, audio equipment, film, camera equipment, photographs, electronic equipment/devices
      7. personal electronic devices including components such as compact disks and video game cartridges
      8. computers and related components
      9. binoculars, telescopes, optical devices including eyeglasses
      10. silverware
      11. precious metals, stones or materials
      12. art objects, sculptures
      13. historical artifacts
      14. original manuscripts
      15. antiques, heirlooms
      16. keys
      17. sales samples
      18. medications
      19. furs
      20. game trophies, antlers, pelts

When transportation is via Real Tonga and one or more carriers which exclude certain items in checked baggage from their liability. Real Tonga will not be liable for the excluded items.

    1. Tents, sleeping bags, or similar articles which are strapped, taped, or tied to another piece of baggage and may become separated as a result of normal handling during transportation.
    2. Except for excluded items listed above, Real Tonga will accept liability for missing contents from checked baggage, provided the passenger has exercised reasonable precautions to externally lock or secure the baggage as protection against possible loss or separation of such contents.
    3. “Special” or “consequential” damages such as lost wages, ground transportation, temporary lodging, un-availability of keys, and other “inconveniences” or emotional distress resulting from damaged, delayed, or lost baggage.
    4. Baggage not claimed within 15 minutes after baggage has been made available for claiming in a public baggage claim area.

When personal property, including baggage, is tendered for transportation via Real Tonga in conjunction with another carrier having a different limit of liability and/or declared higher value, Real Tonga shall not be liable for any amount in excess of its limits as specified herein.

XXV. Flight Delays Or Cancellations.

  1. Except to the extent provided in a paragraph below, Real Tonga will not be liable for failing to operate any flight according to schedule, or for changing the schedule of any flight, with or without notice to the passenger. This exclusion from liability includes actual, special or consequential damages.
  2. Whenever Real Tonga fails to operate any flight according to schedule, or changes the schedule of any flight, Real Tonga will, at the request of the passenger:
    1. Transport the passenger in another of its flights on which space is available, at no increase in fare.
    2. Refund, an amount in accordance with section XIX below, upon surrender of the unused portion of the eTicket for that route segment.
  3. Real Tonga does not provide amenities in the event of a delay or cancellation.

XXVI. Denied Boarding Compensation

Real Tonga may provide denied boarding compensation and cases to which this applies can be found at local airport offices.

XXVII. Involuntary Refunds

Real Tonga will refund a credit amount equal to the fare and charges paid by the passenger, except that Real Tonga will not be obligated to refund any portion of a fully unused or partially used eTicket which does not reflect a confirmed reservation on a flight involved in a schedule irregularity, unless such eTicket was issued by Real Tonga.

XXVIII. Voluntary Refunds

  1. Real Tonga assumes no obligation to issue a voluntary refund unless such eTicket is eligible for refund and was issued by Real Tonga.
  2. Not all eTickets are refundable. Upon surrender of the unused portion of an eligible, valid eTicket, Real Tonga will provide a credit to the passenger on the following basis:
    1. If no portion of the eTicket has been used and the credit will be an amount equal to the fare and charges applicable to the eTicket paid for by the passenger, a credit less any applicable penalties will be provided to the passenger.

If a portion of the eTicket has been used, the credit will be an amount equal to the difference between the fare and charges paid by the passenger and the fare and charges applicable to the transportation of the passenger covered by the used portion of the eTicket, less any applicable penalties.

XXVIV. Carriage of Air Cargo

 

  1. Agreement to Terms. By tendering a Shipment to Real Tonga or arranging with Real Tonga for a Shipment’s transportation or signing Real Tonga’s Air waybill, Shipper agrees to all of Real Tonga’s Conditions of Carriage. In case of a conflict between any of the terms set forth herein and and the tariff of Real Tonga, the tariff shall control. In case of a conflict between a separate written
  2. agreement between Real Tonga and Shipper and Real Tonga’s Conditions of Carriage or any tariff, the terms of the separate written agreement shall control. Tariffs are available at all Real Tonga offices for inspection and upon request by Shipper. In the event any Shipment is tendered to Carrier on a straight bill of lading or any other shipping document, Shipper agrees that Real Tonga’s Conditions of Carriage, as well as the terms and conditions in the tariff of Carrier shall supersede any rules, regulations or contractual terms contained on the shipping document on which the Shipment was tendered.
  3. Completion of Air waybill and Packaging. Shipper certifies and represents to Carrier that the information inserted on the face of Real Tonga’s Air waybill is complete and accurate. Shipper warrants that each package in the Shipment is properly, accurately, and completely described on the shipping document, is properly classified, marked, labelled, and addressed, is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care and handling, and except as noted, is in good order and condition. For articles shipped in un-enclosed containers, Carrier shall not be liable for damage or loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at the time of delivery. NOTE: Any Shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.
  4. Limitations on Liability.

Carrier shall not be liable for any loss, damage, misdelivery, delay, non-delivery not caused by its own negligence, or any loss, damage, delay, misdelivery, or non-delivery caused by the act, default or omission of Shipper, the consignee, or any other party that claims an interest in the shipment; the nature of the shipment or any defect, characteristic, or inherent vice thereof; act of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, acts, or omissions of customs or quarantine officials, riots, strikes, civil commotions, hazards incident to a state of war, weather conditions, or delay of aircraft or other vehicles used in providing transportation services; acts or omissions of any Carrier or other entity or person to which a shipment is tendered by Real Tonga for transportation beyond that provided by Real Tonga, regardless of whether the Shipper requested or had knowledge of such third party delivery arrangement.

  1. The following articles shall not be accepted for carriage: any Shipment prohibited by law; original works of art, furs, fur clothing, gems or stones (cut or uncut), industrial diamonds, gold or silver, coined concentrates, jewelry (other than costume jewelry), pearls, precious metals, securities (negotiable), time sensitive written material (for example, bids, contract proposals, etc.), when the declared value exceeds fifty U.S. cents (US$1.00) per kilo; or one-of-a-kind articles or models, prototypes, valuable rugs (that is, Oriental rugs, Persian rugs) and prints or lithographs when the total declared value of the Shipment exceeds five hundred U.S. dollars (US$400.00) or when the declared value exceeds $1.00 per kilo, per piece. Carrier shall not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed in Real Tonga’s Air waybill, and no employee or agent of Carrier has any authority to accept for transportation such articles or to waive the limitations herein contained.
  2. Under no circumstances shall Carrier be liable for punitive or exemplary damages, or special or consequential damages or other indirect loss, however arising whether or not Carrier has knowledge or should have had knowledge that such damages might be incurred, including, but not limited to loss of profits, income, interest, utility or loss of market.
  3. While Real Tonga shall endeavour to provide delivery in accordance with regular delivery schedules, Real Tonga shall not, except as the Convention may otherwise require, under any circumstances, be liable for delay in pick up, transportation or delivery of any shipment regardless of the cause of the delay.
  4. Declared Value. Shipper assumes all risk of any loss, damage, or delay in excess of the liability limitations set forth herein unless a higher value is declared on the front of this air waybill and the additional applicable charges are paid to Real Tonga. If Shipper sends more than one piece on an air waybill, Shipper shall specify the declared value for each piece; otherwise, the declared value for each piece shall be determined by dividing the total declared value by the number of pieces on the air waybill. The maximum declared value per Shipment is one hundred thousand U.S. dollars (US$100,000), and any effort to declare a value in excess of this maximum, except by obtaining written authorization from a corporate officer of Real Tonga, shall be null and void. Regardless of the value declared, the number of Shipments transported by Carrier, or the number of distinct shippers affected by a disaster, accident, or other event, Carrier’s liability for loss, damage, or delay shall not be more than ten thousand U.S. dollars (US$10,000) by any one conveyance, or in any one place, or at any one time, or in any one disaster, accident, or other occurrence. Regardless of the value declared, Carrier’s liability for loss, damage or delay shall not exceed the Shipment’s repair cost, depreciated value or replacement cost, whichever is less.
  5. No Declared Value. If the shipper does not provide a declared value for the shipment, then the liability of the carrier is limited to a maximum of twenty U.S. dollars (US$20.00), per kilo, up to a maximum of 20 kilos. Regardless of the total weight of the shipment, Carrier’s liability for loss, damage or delay shall not exceed the Shipment’s repair cost, depreciated value or replacement cost, whichever is less.
  6. Claims Procedures.

Except as noted in 5.2, no claim shall be processed by Carrier until all transportation charges have been paid. The amount of a claim may not be deducted from the transportation charges.

In the event of a claim the Shipment, its container(s), and its packing material shall be made available to Carrier for inspection at the delivery location shown on the Air waybill. Written notice as required herein shall be dispatched to Real Tonga at the following address: Real Tonga Air Cargo,Tungi Colonnade, Nuku’alofa. Attention: Cargo Officer.

  1. Overcharges and Duplicate Payments. Claims for overcharges or duplicative payments shall be made in writing and are extinguished unless received by Real Tonga within one (1) year after the date of acceptance of the shipment by Real Tonga.
  2. Right of Inspection and Screening. Shipper hereby consents to a search or inspection of the cargo, including screening of the cargo, by Carrier, or other authorized government authorities. Carrier is not obligated to open and inspect the contents of any Shipment. Carrier shall have the right to refuse any article, the transportation of which is prohibited by its tariffs or by applicable law, orders or regulations, or the transportation of which, in Real Tonga’s judgment, would be unsafe. If such Shipment should be accepted or transported, Carrier reserves the right to remove it and, if necessary, to abandon it. Where circumstances permit, such Shipment shall be stored at Shipper’s expense pending receipt of disposition instructions from Shipper.
  3. Right to Reject, Re-Route, or Use Different Mode of Transportation.

Carrier reserves the right to reject any Shipment for any reason whatsoever, including but not limited to, safety or security concerns. It is agreed that no time is fixed for the completion of carriage hereunder and that Carrier may, without notice and for any reason, (a) substitute alternate carriers or other means of transportation (including ocean and/or ground transportation) and (b) select the routing or deviate from that shown on the face hereof. Carrier assumes no obligation to forward the goods by any specified carrier, transportation mode, or route or to make connection at any point according to any particular schedule, and Carrier is hereby authorized to select, or deviate from, the transportation mode(s), carrier(s), or route(s), notwithstanding that the same may be stated on the face hereof. Shipper, consignee, and owner, jointly and severally guarantee payment of all charges and advances arising in such instances.

 

 

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