Terms and Conditions

 

These Carrier's Regulations apply to flights operated by Fly540 Aviation Limited. They should be read in conjunction with our "Conditions of Carriage for Passengers and Baggage" certain provisions ("Articles") of which are referenced below.


Fly540 is committed to providing all our customers with excellent service, and we are constantly looking at ways in which we can improve this. These Carrier's Regulations, which cover certain aspects of our booking, requirements for travel and customer service are designed to reflect this commitment, and in a number of respects  to go over and above our strict legal obligations.


1. Data protection
Fly540 is a registered company. It may use your personal information to process your flight booking and to notify you about the new Fly540 services and special offers you may find valuable. Please see the full privacy policy on the web site (www.Fly540.com) or call for further details.


2. Refunds and cancellation fees
Conditions of Carriage Article 6.6
Depending on the specific fare rules of the ticket, we are able to refund for cancellations within the same day of making the original booking except when booked on the day of departure. Please note a cancellation can only be processed up to 8 hours prior to the flight’s scheduled departure time. Refunds exclude taxes and charges but exclude any credit card fee and cancellation fee (per passenger).

 

Tickets once issued are non refundable

 

A cancellation fee per passenger per journey will be charged. Cancellation must be made via the reservations office 0737540540 or via email bookings@Fly540.com


Change of date is permitted up to 3 hours prior to departure at a cost depending on the fare paid.


Fly540 regrets that it is unable to offer refunds in the event of passengers being unable to fly owing to any change in personal circumstances, including but not limited to medical grounds, with the exception of the application of the cancellation policy.


In exceptional circumstances, however, Fly540 will consider issuing a credit in the event of the bereavement of an immediate family member (mother, father, brother, sister or child) provided that the claim and a copy of the death certificate are submitted to the Fly540 Customer Services Department.


All claims will be assessed entirely at the discretion of Fly540. This credit will be to the value of the original fare paid less an administration fee and credit card fee per passenger per journey and can be used against any future flights on Fly540 within the following six month period.


3. Onward flights
If you have booked an onward flight with Fly540, this represents a separate contract. Please note that Fly540 does not operate a connecting flight service, where you choose to book such an onward flight this will be considered to be a separate journey and therefore you will need to check-in with your luggage for each journey in accordance with the check-in requirements below. Consequently, it is advised that when booking an onward flight with Fly540, you allow at least two hours between the scheduled time of arrival of the incoming flight, and the scheduled time of departure of the onward flight.


4. Check-in and Boarding
Passengers should present themselves at the appropriate check-in desks, which will normally open two hours before the departure of domestic flights and three hours before the departure of international flights. Passengers who present themselves later than 40 minutes prior to scheduled time of departure will not be accepted for travel, and will forfeit their seats.

 

It is recommended that you check in two hours before the scheduled time of departure. Blind or deaf passengers travelling with a service dog and those checking in firearms must check in at least 90 minutes prior to the scheduled time of departure or we may be unable to complete the check-in procedure in time for you to board your flight. Passengers must be able to quote their booking Confirmation Number.


Conditions of Carriage Articles 7.1 and 7.2
If you arrive for check-in at the airport terminal too late to check in as required above, you will forfeit your flight and no compensation will be given. However in these circumstances, you are requested to go to the Fly540 sales desk, when open, and speak with one of the representatives who may be able to help you.


Boarding will commence 20 minutes prior to departure and the boarding gates will close 10 minutes prior to departure.


The airline requires all passengers to provide photographic ID (Government issue photo identification or a passport) at check-in on all flights including domestic services.


5. Standbys
Fly540 does not operate a standby policy.


6. Baggage
Conditions of Carriage Articles 8.1 and 9
Passengers and their baggage will be subjected to security screening throughout their journey. To assist us with this, please ensure that your cabin baggage is packed in such a way that, if requested by airport personnel at check-in, you are able to transfer articles into baggage to be checked in as hold baggage.


In addition to the list of dangerous articles highlighted below, the following articles must not be carried on board as cabin baggage:

  • Toys or replica guns (plastic or metal)
  • Catapults
  • Household cutlery
  • Knives with blades of any length
  • Paper knives
  • Razor blades
  • Tradesmen's tools
  • Darts
  • Scissors
  • Hypodermic syringes (unless supported by medical evidence
  • Knitting needles
  • Sporting bats
  • Billiard, snooker or pool cues

This list is not exhaustive.

 

Each passenger is usually permitted one standard piece of hand baggage to a volume limit of 56x45x25cm. Limited to 5kgs in weight. Each passenger also has a free allowance of standard checked-in hold baggage to a maximum weight of 20kgs.


Sporting equipment
Each passenger is allowed a maximum hold baggage weight of 20kgs including any sports equipment, subject to available space. As items of sporting equipment are inherently unsuitable for carriage by airlines, Fly540 is prepared to carry such items on a ‘limited release’ (i.e. entirely ‘at your own risk’ for damage or delay) basis. You may therefore wish to ensure that you have suitable private insurance cover in force for such items. Freight or cargo items cannot be accepted as passenger baggage.


Bicycles, golf equipment, and skis
An additional fee is charged per flight for the carriage of bicycles, golf equipment, and skis.


Currency

Per flight

USD

30.00

 

Surfboards, wind surfers, hang-gliders, and firearms.
An additional fee is charged (see table below) for items that require manual handling e.g. surfboards, windsurfers, hang-gliders, and firearms 1. These items are included within the free hold baggage allowance (20kgs), and above that excess weight charges apply.


Currency

Excess Baggage

Manual handling fee for windsurfers, hang-gliders, surfboards and firearms

 

Per kg

Per flight

USD

10.00

30.00

  1. The carriage of firearms is strictly limited. Passengers must produce valid documentation of proof of ownership and legal authority for the possession of the firearm(s). Without such documentation firearms will not be carried.' (please see "Firearms and explosives" below)

 

In addition, passengers may carry on board a handbag, a clutchbag, a coat, an umbrella, duty-free goods (small items), a laptop computer, car seats for infant passengers (see "infants and unaccompanied minors" below) and small items of photographic or scientific equipment. These will not form part of the above allowances.
Infants who share your seat do not have a baggage allowance.


Carriage of bicycles:

 

Passengers travelling with bicycles are recommended to check-in 2 hours prior to departure.


A cello may be carried in the cabin if a seat for it has been reserved and the appropriate fare paid. In addition to a cello, other musical instruments will only be permitted to be carried in the cabin and placed into the overhead locker if space is available and strictly subject to the Captain's discretion. The instrument including its carry case must not exceed the dimensions 30 x 117 x 38cms. Instruments which fit into this category include violin, viola, piccolo, flute, clarinet, bugle and trumpet. Any instrument which exceeds the dimensions 30 x 117 x 38cms must be checked in as hold baggage.


We do not carry wheelchairs with spillable (unsealed) batteries, stretchers, full-size prams, or engines.


The following dangerous articles are not permitted in baggage whether cabin or hold baggage:

 

Note: As an exception, sporting/competition firearms and a maximum of 5kgs of ammunition may be carried in hold luggage with appropriate paperwork, subject to available space, if declared at check-in and securely boxed or packaged.

 

Please note ammunition must be packed as part of passenger hold baggage and separated from firearms. Passengers checking in firearms must check in at least 90 minutes prior to the scheduled time of departure. (see note 1 above).

 

 

Please note that passengers are not allowed to carry "strike anywhere" matches or disposable lighters under any circumstances. This applies to both hold and cabin baggage.


Conditions of Carriage Article 9.1(b)
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. Conditions of Carriage Article 9.1(c).If you are in any doubt about what items you can take or where you should pack them, call us in advance of travel or ask upon arrival at the check-in desk.


9. Lost/damaged baggage
Please see Article 14 of the Conditions of Carriage for Passengers and Baggage. If your baggage is damaged, lost or delayed during a Fly540 flight, you must advise a member of Fly540 ground handling staff at the airport of arrival immediately.
In the event of loss or damage to baggage the airline's liability is normally
limited to a maximum of 500 Special Drawing Rights (approximately £410).


We will not be liable in any event in respect of loss or damage to
baggage which is not permitted to be carried (see "baggage" above). Passengers are advised to take out their own insurance to cover the value of
their baggage and its contents, particularly if they are carrying important
or valuable items
.

 

Claims are dealt with up to the airline's legal limit of liability and must be supported by appropriate evidence of loss or damage.


Conditions of Carriage Article 14.3
A Special Drawing Right is an international monetary unit (fixed by the International Monetary Fund), the value of which fluctuates daily and can be found in the Financial Times' guide to world currency. Fly540 will not accept liability for valuable items which you are not permitted to include in your baggage (see "baggage" above). Also Fly540 will not accept responsibility for the damage or loss of protruding parts such as wheels, straps, pull handles, or other items that are attached to baggage, or items lost as a result of badly packed baggage.


It is our policy that if your baggage is delayed for more than 24 hours on an outbound journey, you can spend up to $20 per day per person on essential items, for a maximum of three days. To claim this allowance, you must write to the company’s claims handling agents within 21 days of the relevant flight at the address provided to you by the Fly540 handling agent at the airport where the delay was reported. All claims must be supported by documentary evidence of purchases made (e.g. receipts).


10. Passengers with specific requirements - disability, medical and health
Passengers with specific requirements are those whose mobility is reduced due to physical incapacity (sensory or locomotory), intellectual deficiency, age, illness or any other cause of disability. Fly540 is unable to accept those passengers with a level of disability which requires the presence of a care assistant unless a care assistant is travelling with the passenger. A maximum of two disabled passengers can travel with one care Assistant.

 

Fly540 are not able to accommodate immobile/lift-off passengers. This is because the aircraft we operate are not fitted with special equipment for these situations and as a result, our insurance does not provide cover against any issues that might arise through our employees physically carrying a passenger.


Fly540 can, however, arrange to assist passengers who can be escorted on a wheelchair up to the aircraft door as long as they are able to climb the staircase- and provided we are informed at the time of booking.


Passengers with specific requirements who book their seats over the telephone must advise Fly540 of their requirements at the time of booking. Passengers purchasing seats over the Internet should select the type of assistance they require via the flight confirmation email (Specific needs and access requirements). The airline requires a minimum of 48 hours notice to arrange assistance. It may not be possible to honour requests received less than 48 hours prior to the scheduled time of departure of a flight, as the airline may not be able to accommodate your needs. This could result in passengers being unable to travel. However, where possible, Fly540 will endeavour to provide passengers with assistance when boarding and disembarking flights.


Passengers with specific requirements will not be allowed to sit in emergency exit rows of the aircraft in case of an emergency evacuation of the aircraft.


Passengers travelling with vital medication and/or medical equipment are permitted to carry up to 10kgs of medication and/or equipment free of charge in addition to their standard hold baggage allowance. The total amount of baggage carried per passenger cannot exceed 50kgs maximum.


To classify as vital medication and/or medical equipment the passenger would require medical documentation from their doctor confirming that the passenger must carry this medication and/or equipment.


The medication/medical equipment must be carried separately from the passenger's standard hold baggage to ensure ease of recognition at check-in.

 

Passengers with children are given priority boarding and unaccompanied minors between the ages of 6 and 17 are escorted by a friendly member of our staff.


11. Wheelchairs and mobility aids weighing more than 60kgs (excluding battery) cannot be accepted for travel. Only wheelchairs and mobility aids weighing 60kgs or less (excluding battery) can be accepted.


Passengers' folding wheelchairs will be carried free of charge in addition to their normal baggage allowance.


The airline will only accept groups of three or more wheelchair passengers by prior arrangement made.


Wheelchairs that are powered by sealed, non-spillable types of battery are acceptable for carriage on Fly540 aircraft. The airline will not carry wheelchairs with un-sealed, spillable batteries.


Wheelchair facilities can be provided at the airport for passengers who are completely immobile and cannot walk unaided, or are unable to climb the aircraft steps, or cannot walk long distances. You must inform Fly540 at the time of booking to arrange this service.


12. Additional seat requirements
Fly540 minimum seat dimensions are as follows:

If you are unable to fit into a single seat with the above dimensions for any reason (such as special medical requirements e.g. a broken leg), you will be required to purchase an additional seating


13. Passengers travelling with broken limbs
Passengers travelling with upper limbs in cast, waist and above, will only require one seat to travel.


Adult passengers travelling with lower limbs in cast, waist and/or full leg plaster, must purchase three seats in total, per journey, to travel. This will enable the leg to be elevated during the flight and reduce swelling.


Passengers travelling with lower leg in plaster, below the knee only, will only require one seat.


Child passengers travelling with lower limbs in cast are to be dealt with as above but the length of the cast will need to be determined to decide whether they would require one, two or three seats to enable their leg to be elevated during the flight.


Passengers travelling with a plaster cast that has been fitted for less than 48 hours then the cast needs to be split (the split need to run along the entire length of the cast) If the plaster cast been fitted for more than 48 hours there is no requirement for the cast to be split. This is applicable for both plaster of paris and resin casts. A medical certificate confirming fitness to fly will be required.


14. Passengers travelling with artificial limbs
Gas cylinders worn for the operation of mechanical limbs and spare cylinders of a similar size may be carried to ensure an adequate supply for the duration of the journey.


15. Passengers with a visual or hearing impairment
Passengers travelling with any or all of the above disabilities are requested to arrive at check-in a minimum of 90 minutes prior to the departure of their flight. Arrangements will be made for passengers to be pre-boarded in advance so that the cabin crew can explain the safety requirements onboard the aircraft.


16. Needles
Hypodermic needles are permitted for carriage for medical purposes only. Medical certification must be presented at check-in to permit hypodermic needles to be carried into the cabin.


Passengers travelling with needles must be advised that injections required during the flight must be self-administered. Fly540 cabin crew are unable to administer injections under any circumstances.


17. Diabetics
Injections required during flight must be self-administered. Please ensure that you carry supplies of insulin in your cabin baggage. Diabetic insulin pens will be permitted for travel without medical documentation.


15. Expectant mothers
Expectant mothers can be accepted for travel up to 28 weeks (inclusive) without a medical certificate. When travelling between 28 - 35 (inclusive) weeks a medical certificate confirming the number of weeks of pregnancy is required confirming that the passenger is fit to fly. Pregnant passengers cannot be accepted for travel on or after week 36, and therefore all return flights must be completed no later than week 36. In case of multiple births, the airline welcomes mothers up until 32 weeks. All medical certification must be supplied by a doctor - medical certificates completed by a registered midwife cannot be accepted.


16. Premature babies
Infants born prematurely are not permitted to fly under the age of six months post-expected date. The permitted date for travel is calculated by adding six months to the number of weeks that the infant has been born prematurely. A baby is considered to be premature if born three weeks or more before their original delivery date.


17. Children with chronic lung diseases
Children with chronic lung diseases, such as cystic fibrosis must have a HAST test and a "Fitness to Fly" Certificate.


18. Infectious diseases: severe cases
Passengers suffering from a severe infectious disease e.g. severe respiratory infections, tuberculosis or pneumonia are not permitted to travel.


19. Infectious diseases: minor cases

Passengers travelling with any of the above conditions are required to produce a medical note confirming that they are fit to fly.

20. Stretchers
Fly540 does not accept stretchers for carriage on any flights.


21. Medical oxygen
The carriage of small compressed oxygen or air cylinders is permitted for personal medical use only provided the cylinders are no longer than 0.5 metre long and 250 mm in diameter. A maximum of two cylinders are permitted per passenger. A medical certificate confirming that oxygen is required for medical reasons must be produced at check-in and that the passenger is suitable for carriage by air. Air cylinders for diving/scuba diving will not be accepted onboard.


22. Asthma sufferers
Asthma sufferers are able to carry inhalers and/or nebulisers provided that these do not contain oxygen cylinders. Passengers suffering from severe asthma or those who have recently been prescribed oral steroids will require certification confirming fitness to fly.


23. Cardiac pacemakers
Cardiac pacemakers or other devices including those powered by lithium batteries, implanted in a person or radio-pharmaceuticals contained within the body of a person as a result of medical treatments are permitted.


24. Medical certificates
Under certain circumstances Fly540 will require you to present a medical certificate from your doctor. This will confirm that you are fit to fly. A certificate is required in the following circumstances:

 

Passengers travelling with controlled drugs and/or injectable materials are advised to carry a medical letter/prescription confirming details of the drugs and the intended use.


25. Deep Vein Thrombosis (DVT)
There are some medical conditions that make people more prone to DVT and the following are examples:

Those at minor risk

Those at moderate risk

Those at substantial risk

Aged over 40

Recent heart disease

Previous or current DVT

Very tall, very short, or obese

Pregnant or on any hormone medication, particularly the contraceptive pill and HRT

Known clotting tendency

Previous or current leg swelling from any cause

Recent major leg injury or leg surgery (less than 6 weeks)

Recent major surgery or stroke (within 6 weeks)

Recent minor leg injury or minor body surgery

Family history of DVT

Current malignant disease or chemotherapy

Minor varicose veins

Extensive varicose veins

Paralysed lower limb

 

People with Polycythaemia

Depletion of body fluids causing increased blood thickening

Those at minor risk

Those at moderate risk

Those at substantial risk

A

B

C

Drink plenty of water before, during and after flight

Recommendation A plus

Recommendation A+B plus

Keep mobilised – walk around the cabin whenever you can

Consult with GP prior to flight

Low molecular weight, heparin or warfarin

Wear support tights

Wear graduated compression stockings

 


Seek medical advice if you are concerned.


26. Unaccompanied children and Infants

 

Unaccompanied children
Fly540 does not accept unaccompanied minors under the age of 5 for travel. Guardians or parents are asked to complete the airlines UM (unaccompanied minor) form at check in.

 

Infants

No more than one infant (being children under the age of two years on the date of travel) per accompanying person are allowed.


Children aged two years or over must occupy their own seat and pay the published fares.


It is the accompanying person's responsibility to ensure that the minor is adequately secured into the aircraft seat. To this end Fly540 will accept a car seat supplied by the accompanying person for any child over six months for whom an airline seat has been purchased, provided that the car seat has a rigid metal or plastic frame, is no wider than 42cm, has a four point harness and is upright and forward facing.

 

Fly540 does not operate an indemnity policy and therefore under no circumstance, under the Children Act, must another passenger be asked to accept responsibility during flight of an unaccompanied minor.


Groups of children
Fly540 will accept children aged 13 years or under in large groups (i.e. 10 or more) on the condition that there is a minimum ratio of one accompanying adult per 10 children and that customer services are informed at the time of booking.


27. Carriage of live animals
The carriage of live animals, including pets, insects, reptiles, or any other form of livestock, is forbidden under any circumstances).


28. Carriage of human remains
Fly540 does accept human remains for carriage on any routes.
The carriage of ashes is permitted, however, provided a copy of the death certificate and the cremation certificate accompanies them. The passenger in possession of the ashes must ensure they are securely packaged in an appropriate container and should include them in their hand baggage. We also advise that the handling agents be informed when checking in.


29. Delays, cancellations and denied boarding


29.1. If you arrive late for your flight:

 

29.2. If your flight is cancelled as a result of extraordinary circumstances
Flight cancellations only occur as a result of extraordinary circumstances, such as weather, terrorist and security alerts, strike actions and unexpected flight safety checks. In such circumstances, we will do our best to re-schedule your flight as soon as possible or in worse case scenarios, we can offer a change in route on our network or a re-schedule to another date.


29.3. If your flight is cancelled other than as a result of extraordinary circumstances which could not have been avoided even if all reasonable steps had been taken.
You will not be entitled to compensation in the following circumstances:


29.4. If your flight is delayed
If we advise you of a delay of more than 1 hour from the scheduled time of departure and you chose not to fly, you will be entitled to:


either
Transfer your seat free of charge on to another Fly540 flight to the same destination (subject to availability) for travel within the following seven day period by making arrangements at the Fly540 sales desk


or
by contacting the Fly540 offices.


Where your flight is delayed for 5 hours or more, if you chose not to fly, the airline will give you a refund of the fare paid for the journey not made and for the journey already made where the flight no longer serves the purpose of the original travel plan. Additionally, where relevant, Fly540 will offer a return flight to the first point of departure at the earliest available time.


Fly540 is not able to accept responsibility for missed onward connections as a result of any delays or cancellations.


29.5. Fly540 onward flights
If you have booked an onward flight with Fly540, this represents a separate contract. Please note that Fly540 does not operate a connecting flight service, and where you choose to book such an onward flight this will be considered to be a separate journey, therefore you will need to check-in with your luggage for each journey in accordance with the check-in requirements above. Consequently, it is advised that when booking an onward flight with Fly540, you allow at least two hours between the scheduled time of arrival of the incoming flight, and the scheduled time of departure of the onward flight.


29.6. If you are denied boarding:
Fly540 makes every effort to provide seats for people who have a confirmed booking. It is only on rare occasions that a seat may not be available at check-in on a flight, which operates, for which a passenger has a confirmed reservation. The airline shall call first for volunteers to surrender their reservations and such volunteers shall be entitled to compensation of $25.


You will be entitled to the Re-routing and Reimbursement Options.


30. Conduct on board
In common with many short-haul services, all Fly540 flights are non-smoking. Passengers should note that smoking is strictly forbidden, and measures will be taken to stop any passenger smoking on board a Fly540 aircraft.


At their discretion, Fly540 will supply and serve, if appropriate, alcoholic beverages to passengers on board. However, passengers are prohibited from consuming alcoholic beverages on Fly540 flights which they have supplied themselves or have been supplied by third parties.


All Fly540 captains are given authority to deal with passengers who misbehave, are disruptive, or otherwise cause problems by whatever means the captain thinks fit. This may include the physical restraint and, when possible, removal from the flight of such persons and, if a diversion has been necessitated, handing over those persons to security or policing personnel on the ground. Fly540 also wishes to point out that if a passenger causes any damage whatsoever or his or her actions cause Fly540 to incur any costs (including those of a diversion which may be substantial), Fly540 will hold that person or persons liable.


31. Denial of carriage
Fly540 can deny carriage to any person or offload him or her at any airport if it is considered that:

 

Customer service address for all Fly540 flights:
Landline: 254 20 4453252 /3/4/5/6
Fax No. 254 20 4453257
ABC Place
Nairobi