“WE”, “OUR”, “OURSELVES” and “US” means Sunlight Express Airways Corporation (hereinafter referred to as “SunlightAir”)
“YOU,” “YOUR,” and “YOURSELF” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Booking confirmation.
“AGREED STOPPING PLACES” means those places, except the place of departure and the place of destination, set forth in the Booking confirmation or shown in Sunlight Air’s timetables as scheduled stopping places on your route.
“AUTHORIZED AGENT” a passenger sales agent who has been appointed by Sunlight Air to represent it in the sale of its air passengers’ transportation services.
“BAGGAGE” means your personal property accompanying you in connection with your travel. Unless otherwise specified, it includes both your Checked and Unchecked Baggage.
“CHECKED BAGGAGE” means your Baggage which Sunlight Air takes custody of and for which Sunlight Air has issued a Baggage Tag.
“CHECK-IN DEADLINE” means not less than two (2) hours before the published estimated time of departure (ETD) given to a Passenger to present himself/herself to the check-in counter.
“BOOKING CONFIRMATION” means the electronic record of your booking made by Sunlight Air or its Authorized Agent. “BOARDING PASS” means that portion of the Booking confirmation that bears the notation “good for passage,” and indicates the places between which you are entitled to be carried.
“FORCE MAJEURE” means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.
“PASSENGER” means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Booking confirmation.
“STOPOVER” means a deliberate interruption of the travel by the Passenger at a point between the place of departure and the place of destination, which has been agreed to in advance by Sunlight Air.
“TARIFF” means the published fees or charges and related terms, conditions and restrictions filed, where required, with the appropriate authorities, and approved as such by the same.
“UNCHECKED BAGGAGE” means any Baggage hand-carried by the Passenger and Baggage other than Checked Baggage.
Section 1. GENERAL
These Conditions of Carriage apply only to all carriage of Passengers and Baggage operated by Sunlight Air.
Sec 2. GRATUITOUS CARRIAGE
These Conditions of Carriage also apply to gratuitous or reduced fee carriage except to the extent that Sunlight Air has otherwise provided in relevant contracts.
Sec.3. OVERRIDING LAW
These Conditions of Carriage are applicable unless they are inconsistent with Sunlight Air’s Tariffs and applicable laws, rules, and government regulations in which event such Tariffs, laws, rules, and government regulations shall prevail. If any provision of these Conditions of Carriage is invalid, under any applicable law, rules, and government regulations, the other provisions shall nevertheless remain valid.
Section 1. GENERAL PROVISIONS
A person shall not be entitled to be carried on a flight unless that person presents and is named in a valid Booking Confirmation duly issued in accordance with these Conditions of Carriage. Sunlight Air may require you to present appropriate identification.
You shall not be entitled to be carried if the confirmation presented is mutilated or if it has been altered by a person other than Sunlight Air or its Authorized Agent.
CHECK-IN AND BOARDING
Section 1. CHECK-IN DEADLINES
You must arrive at Sunlight Air’s Hangar, or any designated Hangar, at least two (2) hours before the published ETD to permit completion of all departure procedures.
Persons with disability or Passengers requesting for special assistance may be required to check-in earlier than the regular check-in time.
Sunlight Air will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
REFUSAL AND LIMITATION OF CARRIAGE
Section 1. RIGHT TO REFUSE CARRIAGE
Sunlight Air may refuse to carry you or your Baggage, or may remove you or your Baggage from the aircraft at any time, for any of the following reasons:
You fail or refuse to comply with these Conditions of Carriage;
(i) The agreed charges or taxes payable have not been paid, or credit arrangements with Sunlight Air have not been complied with; (ii) the payment is done through fraudulent means; (iii) when the credit card used for payment could not be authenticated or is subsequently reported to be lost or stolen; or (iv) when the credit card used for payment is not presented for validation, if so required by Sunlight Air;
The refusal to transport or removal from Sunlight Air’s aircraft is necessary to comply with any applicable laws, rules, and government regulations;
Such action is necessary or advisable by reason of weather or other conditions beyond Sunlight Air’s control including, but not limited to: acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported;
(i) You appear to be improperly documented; (ii) you cannot prove, when so required that, you are the person named in the Booking confirmation; (iii) your Booking confirmation is acquired illegally, (iv) if your Booking confirmation is a counterfeit Booking confirmation or has been altered, torn, damaged or tampered with; or (v) when you have refused to give your travel documents to a member of the crew of the aircraft, when Sunlight Air asked you to do so;
You are a person in the custody of law, unless you are sufficiently escorted;
Such refusal or removal is reasonably necessary for the security, safety or comfort of other Passengers or Sunlight Air’s employees; or to prevent damage to the property of Sunlight Air or of its Passengers or crew or employees, including, but not limited to the following instances:
When you assault, intimidate or threaten, whether physical or verbal, any of Sunlight Air’s ground staff, crew members or other Passengers;
When you create a disturbance, which interferes with the duties of the ground staff, flight crew or when the disturbance necessitates the pilot-in-command or any member of the cockpit crew to leave the cockpit to attend to the same;
When you refuse to follow a lawful instruction given by the pilot-in-command, or on behalf of the pilot-incommand, or by a crew member for the purpose of ensuring the safety of the aircraft or of any person or property on board or for the purpose of maintaining good order and discipline on board;
When you commit an act of physical violence, sexual assault, or child molestation, against other persons;
When your conduct results or may result to a risk of harm or damage to the aircraft, or properties belonging to Sunlight Air, its Passengers, or employees;
When you refuse to submit to a security check;
When you refuse to follow Sunlight Air’s policy on smoking and use of alcoholic beverages and drugs;
When you tamper with the smoke detector or any other safety-related device on board the aircraft;
When you fail to comply with safety regulations, including fastening seatbelts when required;
When you use portable electronic device when such is prohibited;
When you have a contagious disease, which may be transmitted to others during the fight;
When the Passenger who may have been required to present medical clearance in accordance with these Conditions of Carriage, applicable laws, rules, and government regulations, failed to submit said medical certificate and where it appears that he/she cannot complete the flight without requiring medical assistance;
When your conduct is disorderly, abusive, offensive or violent;
When your conduct results or may result to a risk of annoyance, offense or disturbance to other Passengers;
When you have made a hoax bomb or other security threat.
Sec. 2. CONSEQUENCES OF REFUSAL OF CARRIAGE AND OF REMOVAL OF PASSENGER
If you commit any of the acts enumerated under Section 1(g) of this Article, and conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, Sunlight Air may take such measures reasonably necessary to prevent continuation of your conduct, including restraint. You may be disembarked and refused onward carriage at any point.
If, for the reasons enumerated under Section 1 of this Article, Sunlight Air has refused to carry you, or removed you en route, Sunlight Air may cancel the remaining unused portion of your Booking confirmation and you will not be entitled to further carriage. Sunlight Air reserves the right to prosecute offences committed. Sunlight Air will not be liable for any consequential loss or damage alleged due to any such refusal to carry or removal en route.
Sec. 3. GENERAL INDEMNITY
If you conduct yourself in a manner described in Section 1 of this Article, you will indemnify Sunlight Air for all claims or losses, including, but not limited to, all costs arising from the diversion of the aircraft for the purpose of offloading you and all losses suffered or incurred by Sunlight Air, its Authorized Agents, employees, independent contractors, Passengers, and any third party in respect of death, injury, loss, damage or delay to other persons or to property, arising from such conduct. Sec. 4. OTHER LIMITATIONS ON CARRIAGE
Acceptance for carriage of unaccompanied children, persons with disability, pregnant women or ailing persons shall be subject to prior arrangements with Sunlight Air, in accordance with these Conditions of Carriage and any applicable laws, rules and government regulations.
Acceptance for carriage of persons requiring special assistance such as but not limited to medical oxygen for use onboard the aircraft, packaging of wheelchair and wheelchair batteries, stretchers and other similar assistance, shall be subject to advance notice and prior arrangements with Sunlight Air, in accordance with these Conditions of Carriage, Sunlight Air’s Tariffs and any applicable laws, rules, and government regulations.
If Sunlight Air believes that the aircraft weight limitation or seating capacity would otherwise be exceeded, Sunlight Air will decide in its reasonable discretion which persons or articles shall be carried.
Sec. 5. MEDICAL CLEARANCE REQUIRED
Subject to applicable laws, rules, and government regulations, Sunlight Air may require medical clearance when, in good faith and using its reasonable discretion, it determines there is reasonable doubt that a Passenger can complete the flight safely without requiring extraordinary medical assistance.
The following are the guidelines for expectant mothers:
For age of gestation twenty-four (24) weeks and below: no need for Company Flight Surgeon or Doctor from Accredited Clinic's approval and no need for personal physician’s fit to fly approval to travel.
For age of gestation beyond twenty-four (24) weeks up to thirty-two (32) weeks: personal physician’s fit to fly approval is required.
For age of gestation beyond their thirty-two (32) weeks: personal physician’s fit to fly (with expected due date) approval is required and need to seek the approval of the Company Flight Surgeon or Doctor from Accredited Clinic. However, Sunlight Air may refuse carriage of expectant mother on her thirty-six (36) weeks.
Sec. 6. BANNING NOTICE
In addition to its right to refuse carriage under any of the grounds in Section 1 of this Article, Sunlight Air reserves the right to ban any person from all its flights and from availing of any of its services for the following reasons:
Such person is a serious or habitual offender under any of the instances enumerated in Section 1;
When records support that you habitually and in bad faith, filed unwarranted complaints against Sunlight Air and its employees.
Sec. 7. ATTENDANT REQUIRED
For reasons of safety, Passengers in the following categories may be required to travel with a safety assistant:
A Passenger with a mobility impairment so severe that the individual is unable to assist in his/her own evacuation;
A Passenger with severe hearing and severe vision impairment who is unable to establish some means of communications with Sunlight Air’s personnel adequate to permit the Passenger to receive Sunlight Air’s safety briefing as may be required by the applicable law, rules, and government regulations;
A Passenger who because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from Sunlight Air’s personnel, including safety briefing required by applicable laws, rules, and government regulations.
Section 1. FREE BAGGAGE ALLOWANCE
You may carry maximum of 10 kilograms of checked baggage and only one-piece of unchecked baggage not exceeding 7 kilograms, free of charge, subject to the conditions and limitations of these Conditions of Carriage and Sunlight Air's Tariffs. Sunlight Air also reserves the right to change its free baggage allowance
In addition to the one-piece allowance noted above, you may bring on board the following items free of charge:
A handbag, pocketbooks or purse, laptop computer, brief case
Collapsible luggage cart
An over coat wrap
A reasonable amount reading materials
An infant bag
Assistive devices/mobility aids used by passengers with disability (i.e. canes, crutches, collapsible wheel chairs)
Service animals accompanying a passenger with disability
Sec. 2. FREE BAGGAGE ALLOWANCE FOR CHILDREN
Baggage allowance of infant (16 days old up to below 2 years of age) will be regarded as baggage of accompanying adult. Children are entitled one (1) free baggage allowance the same as a full-fare adult.
Sec. 3. EXCESS BAGGAGE
Baggage in excess of the free baggage allowance will be carried only at Sunlight Air’s discretion, subject to space availability and weight limitation. Excess baggage includes oversized and overweight baggage.
Sec. 4. ITEMS NOT ACCEPTABLE AS BAGGAGE
You shall not include in your Baggage:
items which are likely to endanger the aircraft or persons or property on board the aircraft;
items which are prohibited for carriage by any applicable laws, rules, and government regulations;
live animals, except as provided in Section 11 of this Article.
Items, which in the opinion of Sunlight Air, are unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or because they are fragile or perishable.
Firearms and ammunitions are prohibited and shall not be acceptable as baggage.
Sunlight Air may implement restrictions on the carriage of liquids, aerosols and gels in compliance with any applicable laws, rules, and government regulations.
You shall not include in your Checked Baggage, artwork, cameras, money, jewelry, precious metals, silverware, computers, diving computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples, unless otherwise permitted by Sunlight Air in accordance with these Conditions of Carriage.
TV Picture Tubes, Light Bulbs, Fluorescent Bulbs and other similar objects, Portable TV sets are not allowed as carryon-baggage.
Weapons such as swords, knives and similar items may be accepted as Checked Baggage in accordance with these Conditions of Carriage, but will not be permitted in the cabin.
If any item referred to in this Article Sub-sections (a), (b) or (c) above is carried, whether or not it is prohibited from carriage as Baggage, its carriage shall be subject to the charges, limitations of liability and other provisions of these Conditions of Carriage.
Sec. 5. CHECKED BAGGAGE
Upon delivery to Sunlight Air of your Baggage to be checked, Sunlight Air shall take custody thereof and issue a Baggage Tag.
If the Baggage has no name, initials or other personal identification, you shall affix such identification to the Baggage prior to acceptance by Sunlight Air.
Checked Baggage will be carried on the same flight as you, subject to considerations of safety, security, or any other legal and valid cause, in which case, Sunlight Air will carry the Checked Baggage on Sunlight Air’s next flight on which space is available.
Sunlight Air reserves the right to restrict the weight, size and character of Baggage according to capacity and accommodation of the aircraft.
You must ensure that the Checked Baggage is sufficiently robust and well secured to withstand the usual and normal rigors of carriage by air without sustaining damage except for ordinary wear and tear.
Sec. 6. UNCHECKED BAGGAGE
Sunlight Air may specify maximum dimensions and/or weight for Baggage which you carry in the aircraft. If Sunlight Air has not done so, Baggage which you carry into the aircraft must fit under the seat in front of you or in an enclosed storage 5 compartment in the cabin. Items determined by Sunlight Air to be of excessive weight or size will not be permitted in the cabin and if suitable shall be transported as Checked Baggage.
Objects not suitable, in the opinion of Sunlight Air, for transport in the cargo compartment, such as but not limited to delicate musical instruments and the like, will only be accepted for transportation in the cabin compartment if due notice has been given upon reservation and permission granted by Sunlight Air. The transport of such objects may be subject to separate charges.
Sunlight Air shall not be responsible for loss or damage of Unchecked Baggage not attributable to Sunlight Air.
Sunlight Air may allow you to carry electronic devices on board, however, for security and safety reasons, and in accordance laws, rules, and government regulations, Sunlight Air may limit the use aboard the aircraft of transmitting portable devices, including, but not limited to, cellular phones, laptop computers, E-book readers, personal gaming consoles, and two-way radios
Sec. 7. RIGHT TO REFUSE CARRIAGE OF BAGGAGE
Sunlight Air may refuse to carry as Baggage the items described in Section 3 of this Article and may refuse further carriage of any such items upon discovery.
Sunlight Air may refuse to carry as Baggage any item, reasonably considered by Sunlight Air to be unsuitable for carriage by reason of its size, shape, weight, content, or character; or for safety or operational reasons; or for the comfort of other Passengers. Sunlight Air may also refuse to accept Baggage as Checked Baggage not properly packed in suitcases or other similar containers to ensure safe carriage with ordinary care in handling.
Sunlight Air may refuse to carry as Baggage any item, due to security, safety or operational reasons, including Baggage which does not belong to you or which you have pooled with your Baggage. Sunlight Air will not be liable for such Baggage and Sunlight Air reserves the right to seek indemnity from you in respect of claims or losses incurred as a result of damage caused to it.
Subject to laws, rules, or government regulations, Sunlight Air shall carry passenger wheelchairs or other disabilityassistive devices, unless such carriage would be inconsistent with safety requirements.
Sec. 8. RIGHT OF SEARCH
For safety and security reasons, Sunlight Air may conduct a search on your person and your Baggage. If you are unwilling to comply with such request, Sunlight Air may refuse to carry you and/or your Baggage. In the event a search causes damage to your Baggage, Sunlight Air shall not be liable for such damage unless due to its fault or negligence.
The right of search of Sunlight Air does not impose an obligation on Sunlight Air, nor does it constitute an agreement, either express or implied, by Sunlight Air to allow carriage of items which would otherwise be precluded from carriage under this Article
Sec. 9. COLLECTION AND DELIVERY OF BAGGAGE
You are required to collect your Baggage as soon as it is available for collection at the place of destination. Should you not collect it within a reasonable time (within 24 hours), Sunlight Air may charge you a storage fee.
Only the bearer of the Baggage Tag is entitled to delivery of Baggage.
If a person claiming the Baggage is unable to produce the Baggage Claim Tag and identify the Baggage by any other means, Sunlight Air will deliver the Baggage to such person only on the condition that he or she establishes to Sunlight Air’s satisfaction his/her right to the same. Sunlight Air also reserves the right to require such person to furnish adequate security to indemnify Sunlight Air for any possible loss, damage or expense which may be incurred by Sunlight Air as a result of such delivery.
Acceptance of Baggage by the bearer of the Baggage Tag without written complaint at the time of delivery is proof that the Baggage has been delivered in good condition and in accordance with these Conditions of Carriage.
Sec. 10. UNCLAIMED BAGGAGE
Any Baggage which is unclaimed after being in Sunlight Air’s possession for thirty (30) days shall be disposed of by Sunlight Air in any manner it deems proper (after 24 hours for perishable goods).
Sec. 11. ANIMALS
Animals shall not be allowed to be carried in the aircraft, except when a.) IATA Live Animals Regulations are met entirety, as well as additional government regulations that apply in the state of origin, transit and destination and properly packed in kennels or pet containers, or b.) the animal is a Service Animal accompanying a passenger with disability.
Sec. 12. PLANTS
Plants, flowers, fruits, cuttings or other plant products may be carried subject to these Conditions of Carriage and any applicable laws, rules, and government regulations of any place to be flown from or to. Sec. 13. ITEMS REMOVED BY AIRPORT SECURITY PERSONNEL
Sunlight Air will not be responsible for, nor have any liability in respect of items removed from you or your Baggage by government authority or airport security personnel.
SCHEDULES, CANCELLATION OF FLIGHTS
Section 1. SCHEDULES
The flight times shown in timetables may change between the date of publication and the date you travel, as shown in the Booking confirmation. Sunlight Air does not guarantee these schedules and they do not form part of your Conditions of Carriage.
Sec. 2. CANCELLATIONS, DELAYS, AND DIVERSION
Sunlight Air may, when circumstances so require, cancel, terminate, divert, postpone, delay any flight, alter or omit stopping places shown on the Booking confirmation or in schedules and may without notice arrange for a flight to be operated on our behalf by an alternate carriers or aircraft and Sunlight Air assumes no liability for making such act.
If due to circumstances beyond its control, Sunlight Air cancels or delays a flight, fails to stop at a Stopover or point of destination, Sunlight Air shall not be liable for losses or damages including any indirect, special or consequential loss, expense or damage.
Sec. 3. CONTACT
Sunlight Air may contact passengers via e-mail, phone call or text message at the address and number provided by the passenger regarding flight schedule changes, discovery of fraudulent transactions, general correspondence or cancelations of flight. Evidence of e-mail or text message dispatch will be deemed evidence of receipt.
Section 1. TO WHOM REFUND WILL BE MADE
We will refund fees paid, in accordance with the applicable rules or Tariff, as follows:
Except as provided in this Article, refund shall be made either to the person who paid upon presentation of satisfactory proof of entitlement to the refund.
Refund of fees for or on behalf of any third party, paid for with credit cards will only be charged back to the credit card accounts originally used for the purchase. The refundable amount to be charged back to the credit card account of the card owner may vary from the originally debited amount due to differences in the exchange rate. Such variances do not entitle the recipient of the refund to a claim against Sunlight Air.
If the credit card used is not under passenger’s account name, the passenger shall present picture or photocopy of the credit card used (showing only the last 4 digits) and warrants that he/she and the credit card holder both agreed that: 1) either the passenger or credit card holder may apply for online refund; and 2) the refund will automatically be charged back to the credit card account originally used.
ARRANGEMENTS WITH CARRIER
Section 1. NO LIABILITY FOR ADDITIONAL SERVICES
If in the course of concluding the Conditions of Carriage by air, Sunlight Air also agrees to make arrangements for the provision of additional services such as hotel accommodations, excursion trips and the like, Sunlight Air does so only as your agent. We shall have no liability to you for such services except for negligence on our part in making such arrangements.
Sec. 2. STOPOVERS
Stopovers may be permitted at Agreed Stopping Places only if arranged with Sunlight Air in advance, subject to these Conditions of Carriage and Sunlight Air’s Tariffs.
Sec. 3. ALTERNATE TRANSPORTATION
Consistent with Article 7 above, Sunlight Air may arrange for comparable air transportation or for other transportation which, at the time such arrangement is made, is scheduled to arrive at the place of your destination within the same time or reasonably within the same time frame as your scheduled arrival.
Section 1. GENERAL
You are responsible for obtaining and holding all required travel documents and for complying with all applicable laws, rules, and government regulations, and travel requirements of the places to be flown from, to or through which you transit. Sunlight Air shall not be liable to you on the following circumstances:
for any aid or information given by any agent or employee of Sunlight Air in connection with obtaining necessary documents or complying with such laws, rules, and government regulations, whether given in writing or otherwise; or
for your failure to obtain such documents or to comply with such laws, rules, and government regulations.
Sec. 2. TRAVEL DOCUMENTS
Prior to your travel, you must present all health and other documents required by laws, rules, and government regulations of the places concerned and permit Sunlight Air to take and/or retain copies of it.
Sunlight Air reserves the right to require you to present any of these documents at any time during the carriage. Sunlight Air may also refuse to carry you if you have not complied with applicable laws, rules, and government regulations or when Sunlight Air has reason to believe that your travel documents are not in order.
Sec. 3. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
You are required to pay the expenses incurred whenever Sunlight Air, on government orders, is required to return you to your point of origin or elsewhere.
If Sunlight Air is required to pay any fine or penalty or it incurred any expenditure by reason of your failure to comply with any applicable laws, rules, and government regulations, and travel requirements of the places concerned or to produce the required documents, you shall, on demand, reimburse to Sunlight Air any amount so paid and any expenditure so incurred.
Sunlight Air may use for such expenditure any funds paid to Sunlight Air for unused carriage, or any of your funds in Sunlight Air’s possession.
In addition to the above, Sunlight Air reserves the right to hold you liable for any fine and penalty incurred by Sunlight Air by reason of any fraud or misrepresentation you commit in relation to your travel documents.
Sec. 4. CUSTOMS OR OTHER OFFICIAL INSPECTION
If required, you shall attend the inspection of your Baggage, checked or unchecked, by customs or other government officials.
Sunlight Air is not liable to you for any loss or damage you suffered through your failure to comply with this requirement.
Sec. 5. SECURITY INSPECTION
You shall submit to any security checks by Sunlight Air, government or airport officials to carry out security screening on your person and your Baggage.
LIMITATIONS OF LIABILITY
Section 1. GENERAL PROVISIONS
These Conditions of Carriage and applicable laws, rules, and government regulations govern Sunlight Air’s liability to you.
Sec. 2. LIABILITY FOR DAMAGE
Our liability provisions are as follows:
Sunlight Air will not be liable to you for any loss or expense incurred due to your failure to comply with any of the provisions of this Conditions of Carriage.
Sunlight Air is not liable if it proves that it or any of its agents have taken all necessary measures to avoid the damage or that it was impossible for it to take such measure.
In the carriage of Baggage, Sunlight Air is not liable if it proves that the damage was occasioned by negligence in the handling of the aircraft or in navigation and that, in all other respects, it has taken all necessary measures to avoid the damage.
Sunlight Air assumes no liability for pre-existing damage, and damage as a result of normal wear and tear, such as minor cuts, scratches, and broken zippers.
Sunlight Air is liable only for damage occurring on its own line or air services.
Sunlight Air is not liable for damage to Unchecked Baggage unless such damage is caused by the negligence of Sunlight Air. If there has been contributory negligence on your part, Sunlight Air’s liability shall be subject to the applicable laws, rules, and government regulation relating to contributory negligence.
Sunlight Air is not liable for damage arising from its compliance with any laws, rules, and government regulations, orders or requirements, or from your failure to comply with the same.
If in accordance with applicable laws, rules, and government regulations, different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Tag, it is presumed that the total weight of the Checked Baggage does not exceed the applicable free baggage allowance.
Sunlight Air’s limit of liability shall not exceed the amount of proven damages. Sunlight Air shall furthermore not be liable for indirect or consequential damages.
Sunlight Air is not liable for injury to you or for damage to your Baggage caused by property contained in your Baggage. If your property causes injury to another person or damage to another person’s property or to Sunlight Air’s property, you shall indemnify Sunlight Air for all losses and expenses incurred by Sunlight Air as its result.
Sunlight Air is not liable for loss or damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents or samples. Carriage of the foregoing shall be allowed only under special arrangements with Sunlight Air.
Sunlight Air is not liable for any consequence resulting solely from your state of health.
The aggregate amount you may claim from Sunlight Air, including from Authorized Agents, employees, or representatives shall not exceed the limits of liability as prescribed in these Conditions of Carriage.
Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Sunlight Air under the applicable laws, rules, and government regulations.
In the Carriage of Checked Baggage, the limit of liability for loss, damage or delay of the Checked Baggage or of any object contained in the Baggage, attributable solely to the act, omission or negligence of Sunlight Air and not by any cause beyond its control, shall be governed by the relevant law or regulation.
Sec. 3. TIME LIMITATION OF CLAIMS AND ACTION
Notice of Claims
Acceptance of Checked Baggage without complaint at the time of delivery is sufficient evidence that the Checked Baggage had been delivered in good condition. In case of a lost or delayed Checked Baggage, you must advise Sunlight Air right after the flight and before leaving the airport premises.
Failure to make a written complaint to Sunlight Air of the incident within seven (7) days from the date of receipt, in the case of Damage to Checked Baggage, and within twenty-one (21) days from the date on which the Checked Baggage was placed at his disposal, in case of Delay of delivery of such Checked Baggage, will constitute a waiver of any claim. Every notification must be in writing and delivered to Sunlight Air within the prescribed period.
Limitation of Actions
Any right to damages shall be extinguished if an action is not brought against Sunlight Air within two (2) 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.
LIMITATIONS OF LIABILITY
Section 1. MODIFICATION AND WAIVER
No agent, employee or representative of Sunlight Air, by conduct, in writing or otherwise, has authority to alter, modify or waive any provision of these Conditions of Carriage and Sunlight Air’s Tariffs
Sec. 2. TOPIC HEADINGS
The title of each Article of these Conditions of Carriage is for convenience only and is not to be used for interpretation of the text.
Sec. 3. GOVERNING LAW
Sunlight Air is a Philippine carrier and these Conditions of Carriage and other conditions that are issued by Sunlight Air from time to time shall be governed by and construed in accordance with Philippine law.
Sec. 4. VENUE OF SUIT
Any action by or against Sunlight Air must be brought before the competent courts of Parañaque City, Philippines to the exclusion of all other courts.
SEC. 5. SERVICE OF LEGAL NOTICES
Sunlight Air will accept formal and legal notices or documents only at its head office in Parañaque City, Philippines.