10. Customer's Responsibility, Refusal and Limitation of Carriage and Special/Disability Assistance
Customer’s Responsibility:
In order to make a Customer’s journey comfortable, SeaFlite requires support and cooperation from Customers. A Customer travelling alone should be able to perform the following activities independently:
Fastening and unfastening the seat belt;
Putting on an oxygen mask;
Taking off and putting on a lifejacket; and
Leaving the seat and getting to an emergency exit.
For certain Customers we express our special concern and insist that they travel with a safety assistant. Typically, the Customers who are likely to need a safety assistant are those who:
have a severe learning or cognitive challenge which prevents them from understanding or reacting to safety instructions;
have one or more sensory impairments such as a visual, hearing or speech impairment;
have a mental disorder or epilepsy; provided the safety assistant/ attendant complies with requirements under clause 10.1 of this Conditions of Carriage.
have a challenge or disability that may prevent them from moving without assistance to reach an emergency exit.
10.1 Right to Refuse Carriage
SeaFlite may refuse carriage of a Customer or the Customer’s Baggage, under the following circumstances, in the exercise of its sole discretion:
1. such action is necessary to comply with any applicable laws, regulations or orders;
2. the Customer’s conduct, mental or physical condition or the condition or state of the Customer’s Baggage is such:
i. as to cause reasonable apprehension of harm to or endangerment of the safety and security of other Customers or SeaFlite’s crew, or the aircraft or safety in general, or
ii. that the Customer or the Customer’s Baggage may pose a hazard or risk to himself, other persons or any property, SeaFlite’s crew or the aircraft or safety in general.
iii. Provided further that, SeaFlite may refuse carriage to Customers with mental disorder & epilepsy unless;
a. Customer to be carried is certified by a qualified registered medical practitioner/ doctor to be fit to travel by air without being a risk to other passengers or to the aircraft; and
b. Customer has not taken or used any alcoholic drink or preparation within twelve hours of the commencement of the flight; and
c. Customer is kept under proper sedative, if in a state of excitement, during the flight and stops en route; and
d. Customer is accompanied by an attendant/safety assistant, provided that in case the Customer has been in a state of excitement requiring sedation within the two weeks preceding the date ofcom mencement of the flight, such Customer shall be accompanied by a qualified registered medical practitioner/ doctor and adequate escort who shall individually and collectively be responsible for ensuring that no alcoholic drink or preparation is taken by the person in their charge and that such person is kept suitably sedated during the flight and stops en route.
3. Customer has committed misconduct on a previous flight and there being a reasonable likelihood that such conduct may be repeated;
4. the Customer has not observed, or is likely to not follow SeaFlite’s or its crew’s instructions;
5. the Customer fails to observe SeaFlite’s instructions with respect to safety or security;
6. the applicable Tariff, Fees, any other charges or applicable taxes payable by the Customer, have not been paid;
7. payment information or credit/debit card details provided by the Customer are not correct/verified, a Booking has been made fraudulently or unlawfully, or has been made by a person not authorised
by SeaFlite to make a Booking;
8. the Customer does not have proper and adequate travel documentation;
9. the Customer fails to complete the check-in requirements/ formalities or boarding requirements or arrive at the boarding gate within the stipulated timeline;
10. the Booking has been altered by a party other than SeaFlite or its Travel Agents;
11. the person checking-in or boarding, cannot prove that he/she is the Customer named in the Booking;
12. the Customer’s Checked-in Baggage has a power bank or any other item prohibited to be carried as a part of Checked-in Baggage;
13. the Customer is under the influence of alcohol, drugs or is intoxicated or declared as unruly as per Clause 10.3 of the Conditions of Carriage;
14. the Customer is suffering from any ailment, or disease which is likely to risk the health, safety and security of the said Customer or other Customers or SeaFlite’s crew;
15. the Customer (if he/she falls under the special/disabled category) fails to comply with the mandatory requirements of Clause 10.4 of the Conditions of Carriage; or
16. the Customer fails to comply with any of the mandatory requirements as incorporated in Clause 11, 12, 15, 16 of the Conditions of Carriage.
10.2 Denied Boarding
1. There may be instances when certain SeaFlite flights may be overbooked due to commercial, operational or technical reasons such as seating capacity optimization, or change in the aircraft from a higher capacity aircraft to a lower capacity aircraft. This may result in a denial of boarding to certain Customers with confirmed Bookings by SeaFlite.
2. Upon occurrence of events set forth in Clause 10.2 (a) above, SeaFlite will endeavour to seek volunteers from Customers with Bookings willing to surrender such Bookings to allow boarding to other Customers with Bookings. SeaFlite will accommodate such volunteering Customers on an alternate available flight, and in addition, may offer certain benefits or facilities at SeaFlite’s discretion to such volunteers from Customers. If SeaFlite does not find sufficient number of volunteers to surrender their Bookings on an overbooked flight, SeaFlite has the absolute right and discretion to deny boarding to some Customers based on their check-in sequence at the airport counter (or such other parameters as SeaFlite may decide from time to time). However, SeaFlite endeavours to give priority to the following categories of Customers:
i. A Child;
ii. A safety assistant;
iii. A pregnant woman;
iv. Customers with one or more sensory impairments such as a visual, hearing or speech impairment;
v. Customers using or requiring wheelchairs, crutches, braces, other prosthetic devices or requiring any special assistance;
vi. Customers with limited mobility due to injured or fractured limbs or any other disability;
vii. Customers having psychiatric disability or mental disorder;
viii. Customers with certain adverse medical conditions; and
ix. Such other Customers accompanying any of the aforementioned persons, who, in SeaFlite’s discretion, should not be denied boarding considering specific circumstances.
3. Compensation to Customers for Denied Boarding (in accordance with Para 3.2 of DGCA CAR - Section 3, Series M, Part IV, Issue I).
i. SeaFlite will pay compensation, in the form of vouchers, to the Customers who are denied boarding by SeaFlite.
ii. SeaFlite shall not be liable to pay any compensation, as specified under Clause 10.2 (c) (i) above, to Customers, who are denied boarding by SeaFlite, if a seat in an alternate flight is arranged by SeaFlite (subject to availability) that is scheduled to depart within 1 (one) hour of the original scheduled departure time of the flight under the original Booking.
iii. A Customer booked on connecting flights of SeaFlite or any other airline under a common PNR of the original Booking, shall be compensated in accordance with Clause 10.2 (c) (i) above, by SeaFlite only for the first leg of such connection, when he/she has been delayed at the departure station on account of denied boarding by SeaFlite for such first leg, and as a result of such denied boarding has arrived at the final destination at least 3 (three) hours later than the scheduled arrival time.
iv. For the avoidance of doubt, SeaFlite shall not have any obligation to compensate a Customer travelling on a connecting flight, if the Customer has been delayed due to boarding being denied in the first leg of the connecting flight operated by SeaFlite, if such Customer arrives at the final destination, within 3 (three) hours of the scheduled arrival time.
v. In case of denied boarding in any subsequent leg of a connecting flight, the airline operating such subsequent leg of the connecting flight shall be responsible for compensating the Customer in accordance with Para 3.2 of DGCA CAR - Section 3, Series M, Part IV, Issue I.
vi. The terms and Conditions of SeaFlite vouchers issued to Customers in lieu of being denied boarding are as follows:
1. Vouchers will be issued only in the name of the Customers specified in the Booking.
2. Vouchers are non-transferable, non-exchangeable and non-encashable.
3. Each voucher will be valid for a maximum period of 12 (twelve) months from the date of its issuance. Requests for extension or revalidation of a voucher shall not be entertained under any circumstances.
4. Vouchers can only be redeemed by utilising the voucher code at the time of making a Booking (i) on the Website or (ii) over the phone at the SeaFlite call centre.
5. Vouchers can be redeemed against the base fare of SeaFlite flights and any other products and services offered by SeaFlite, other than any kind of Airport Charges, pass-through charges or any other statutory charges and taxes.
6. Vouchers cannot be redeemed for the Tariff required to be paid for group Bookings or Bookings made in currency other than INR.
7. Voucher redemption cannot be combined with any other SeaFlite offer or promotion and are for single use only.
8. Vouchers are deemed to have been fully utilised in case of partial redemption by a Customer, and the remaining value of the voucher will deemed to have lapsed.
9. SeaFlite will not be responsible for loss, theft or unauthorised use of the voucher and no replacement voucher shall be provided under any circumstances. SeaFlite reserves the right to deny acceptance of a voucher if it suspects any fraud.
10. A Customer who accepts a voucher shall be deemed to have relinquished all its rights, claims and interest against SeaFlite in respect of the said denied boarding before any Regulatory Authority.
4. That Denied boarding as mentioned above will exclude instances/cases where there is reasonable ground to refuse carriage such as reasons of health, safety, security, or inadequate travel documentation. In particular the following cases will not be considered as denied boarding despite overbooked flights and will not be eligible compensation under Clause 10.2 (c) above:
i. No-Show at check-in and boarding gate by a Customer (which is governed by provisions relating to “Checking-in and Boarding” under the Conditions of Carriage);
ii. Cancellation of a flight (compensation for which is governed by provisions relating to Changes and Cancellations of Booking” under the Conditions of Carriage); and
iii. Denial of boarding to any Customer (at SeaFlite’s absolute discretion) under the influence of alcohol or drugs, for health and safety of others, a Customer who is unruly, on account of security breach or in the absence of adequate travel documents of Customers and for the reasons set out in Clause 10.1 of the Conditions of Carriage.
10.3 Guidelines on Unruly Behaviour by a Customer
1. A Customer who fails to respect the rules of conduct at an airport or on board an aircraft, or to follow the instruction of the airport staff or crew members, and thereby disturbs good order or discipline at an airport or on board an aircraft will be considered an unruly passenger.
2. No Customer shall on board an SeaFlite aircraft –
i. assault, intimidate or threaten, whether physically or verbally, a pilot, a crew member or any of SeaFlite’s members of staff on-duty, which may interfere with the performance of the duties of the pilot, the crew member or any of SeaFlite’s members of staff on-duty or lessen the ability of the pilot, the crew member or SeaFlite’s members of staff on-duty to perform their duties.
ii. refuse to follow an instruction given by the Pilot-in-Command, or on behalf of the Pilot-in-Command by a crew member or SeaFlite’s members of staff on-dutyfor 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; or
iii. assault, intimidate or threaten any other person, whether physically or verbally, or intentionally cause damage to or destroy any SeaFlite property or consume alcoholic beverages or drugs which may or may not endanger the safety of the aircraft or of any person or jeopardise the good order and discipline in the aircraft.
3. If a Customer harasses, assaults, intimidates or threatens any SeaFlite employee including crew members, SeaFlite shall have the right to offload such a Customer from the SeaFlite flight, and file a complaint against such a person with the relevant authorities.
4. No person shall smoke in any part of an aircraft or in its vicinity.
5. No Customer shall tamper with an aircraft or its equipment or conduct himself/herself in a disorderly manner in and around an aircraft or commit any act likely to imperil the safety of an aircraft or its Customers or crew.
6. The use of mobile phones in flight mode is allowed during all phases of the flight. The use of other personal electronic devices (PEDs) like laptops and electronic entertainment devices are allowed only during cruise.
7. In case the behaviour of a Customer (inside the premises of an airport or on an aircraft) is likely to endanger the safety of other Customers, crew members or SeaFlite’s staff on-duty or is in violation of any applicable law, crew members or SeaFlite’s staff on-duty may take such measures as they deem reasonably necessary to prevent continuation of such conduct, including restraint. Such Customer may be disembarked and refused onward carriage at any point. SeaFlite may file a criminal complaint against such Customer, at the airport where (a) such incidence takes place or (b) where a Pilot-in-Command may choose to land (if such incidence takes places on board a flight).
8. Any customer who fails to adhere to COVID-19 protocols including wearing of face masks & maintaining social distancing.
For further details on COVID-19 guidelines, regulations/ advisories, Customers can access government guidelines click here Customers are required to strictly adhere to such guidelines & regulations pertaining to COVID-19 safety as published by the relevant authorities or as informed to the passengers by SeaFlite from time to time & made available on its website. Click here for further information. Failure to comply with these guidelines and the directions of our ground staff and/or crew may attract penal action against the concerned individual.
10.4. Special and Disability Assistance
1. SeaFlite may provide Special and disability assistance to the following types of Customers:
i. Customers travelling with Infants
ii. Children availing the Flying Solo Service
iii. Pregnant women
iv. Safety Assistants
v. Customers with one or more sensory impairments such as visual, hearing or speech impairment
vi. Customers travelling with a service Dog
vii.Customers who require mobility Assistance
viii.Customers using wheelchairs, crutches, braces or other prosthetic devices
ix. Customers with psychiatric or emotional disorders
x. Customers having autism or Intellectual Disability
xi. Customers fitted with internal devices
xii.Customer carrying portable oxygen concentrators (POC)
xiii.Customers with certain adverse medical conditions
To know more about the above mentioned categories of customers, click here
2. All persons with a disability or reduced mobility shall notify SeaFlite of their requirements, if any, at least 48 (forty-eight) hours before the scheduled departure time of the flights booked by them so that SeaFlite can make necessary arrangements to cater to any of the following requirements:
i. assistance required while embarking and disembarking. SeaFlite is required to be notified of the nature and level of assistance required by a Customer;
ii. mobility equipment and assistive devices that need to be carried by SeaFlite, either as a Hand Baggage and/or as a Checked-in Baggage; or
iii. requirement of an escort or a safety assistant and any other enquiry on Safety Assistant, please click here
SeaFlite may provide the assistance as set out above to the Customers, at its discretion. SeaFlite may also seek the opinion of qualified registered medical practitioners/ doctor and other experts appointed by SeaFlite before providing any such assistance to the Customers.
SeaFlite will provide special and disability assistance subject to restriction as mentioned in Clause 10.1 above.
3. Seating accommodation and aircraft accessibility for Customers with a disability/reduced mobility:
i. SeaFlite will allocate you a seat that is convenient and designated as accessible for persons with disabilities at no additional charge. These seats will remain blocked until as close to the scheduled time of departure as practicable. Our seats have movable armrests for easy accessibility to the seats. However, in order to meet the safety requirements set out in DGCA CAR - Section 3, Series M, Part I, Issue III, Customers with mobility issues which make it unsafe to facilitate aircraft evacuations will not be given a seat in a location where they would obstruct emergency exits, impede crew members in carrying on their duties or obstruct access to emergency equipment or hinder aircraft evacuation in case of an emergency. SeaFlite reserves the right to change the seats of Customers, who do not meet the parameters, set out in Clause 8.2 in these Conditions of Carriage, in cases where such Customers have been allocated seats without the necessary information in relation to such Customer’s condition being provided to SeaFlite by Customers. To allow us to provide the best assistance to all our Customers, please provide us with as much information as possible at the time of your Booking, to provide SeaFlite and its staff with ample and sufficient time to make the necessary adjustments and arrangements that will aid us to serve you better.
ii. Lavatories: We donot have lavatory installed on our all aircrafts.