1. Introduction
1.1 These are the legal terms and conditions (the “Terms”) which apply to your Booking with EZNIS AIRWAYS LLC a company registered in Mongolia with registered office at “EZNIS AIRWAYS” head office, Buyant-Ukhaa, 10th subdistrict, Khan-Uul district, Ulaanbaatar, Mongolia 17120 with company registration No: 5038022
1.2 These Terms incorporate:
1.2.1 our Privacy Policy, which sets out how we may use your data;
1.2.2 any Booking Confirmation and any specific conditions set out in it.
Please read these Terms carefully and make sure that you understand them before booking any Eznis Airways flights.
1.3 When certain words and phrases are capitalised in these Terms, they are defined terms with the meaning given in section 22 below.
1.4 In these Terms, when we refer to “Eznis” or to “we”, ” us” or “our”, we mean Eznis Airways LLC and, in relation to your flight, the Eznis operating airline described in section 2 below. When we refer to ” you” or “your”, we mean you as the Passenger or the Booker on a Booking.
1.5 If a particular term in these Terms is invalid or inconsistent with any Applicable Law, the Applicable Law will apply, but the other terms will remain valid.
2 Flying with Eznis
2.1 When you book a flight with us, your Booking and contract is with Eznis Airways LLC. All flights are governed by these Terms.
2.2 If your flight number begins with:
2.2.1 MG, your flight will normally be operated by Eznis Airways LLC, head office, Buyant-Ukhaa, 10th subdistrict, Khan-Uul district, Ulaanbaatar, Mongolia 17120 with company registration No: 5038022
2.3 If for any reason the air carrier operating your flight is notus, then we will let you know as soon as we can. Such carriage will still be governed by these Terms.
3 Bookings
Making a Booking
3.1 All Bookings must be made by someone over the age of 18.
3.2 Flights can be booked directly with us through the Website, our App by phoning our Customer Services Team or with our Ground Crew at the airport (where available).
3.3 You can also book through Agents. If you book through an Agent, they may be recorded as the Booker with us and, if so, will have the responsibilities to you as set out in section 3.5.
3.4 Please note that when you make a Booking with us we will create an account for you, through which you can complete and manage your Booking. We may also do so when you make a Booking through an Agent. Please see our Privacy Policy for more details.
3.5 A Booker can make a Booking on behalf of other Passengers, provided that the Booker must:
3.5.1 accept these Terms on behalf of all the Passengers;
3.5.2 take responsibility for managing and passing on any communications about the Booking, including these Terms, to all Passengers on the Booking;
3.5.3 if the Booker is not a Passenger, provide us with the email and phone number of the main Passenger so we can contact them directly in the event of any disruption to their flight, such as delays or cancellations;
3.5.4 have the consent of each Passenger to receive any refund (where applicable) due under the Booking; and
3.5.5 acknowledge that any other Passengers on the Booking may make subsequent changes to it (as set out further in section 6.12 below).
When a Booking is confirmed
3.6 When you complete the order process with us, it is treated as an offer to contract with us. The offer is only accepted by us, and a contract formed, when we generate a Booking Reference (PNR) in our systems. If you try to book but for any reason this fails and does not generate a Booking Reference (PNR), you will not have a valid Booking with us.
3.7 Your Booking Reference will be displayed on your Booking Confirmation which we will send to the you/ or Booker by email. Please check all the details carefully. You should contact us if anything is incorrect – see also section 6 (Making changes to your Booking).
3.8 If you think you have made a Booking but have not received a Booking Reference or Booking Confirmation, please contact us.
Cancellations of Bookings for certain behaviours
3.9 We reserve the right to cancel your flight or Bookings connected to you, deny you boarding or take other action to protect us and our systems, with or without prior notice to you, if:
3.9.1 you cannot provide, upon request, contact information for the cardholder in order for us to carry out security checks;
3.9.2 the cardholder did not authorise or disputes the authorisation of the payment and/or claims that the Booking is fraudulent;
3.9.3 you have not paid (or the Booker has not paid on your behalf) the appropriate fares or any other outstanding charges related to your Booking;
3.9.4 we reasonably suspect that the Booking, or any information provided in relation to the Booking (whether provided by the cardholder, the Booker or a Passenger) is fraudulent, deceptive, abusive or inaccurate; and/or
3.9.5 we reasonably suspect that the cardholder, Booker or any Passenger on the Booking, is connected to any other fraudulent activity.
4 Fares, taxes, currency and payment
Our Fares
4.1 Fares are for your specific flights only. Our fares cover your air transport from airport to airport only and do not include ground transport or any other extras, unless stated otherwise.
Taxes and Charges
4.2 When you make a Booking, the applicable Taxes are passed onto you and is included in the total price you pay to us. The Tax amount is listed in the table in our Fees and Charges.
4.3 In the unlikely event that the Tax increases after you have made a Booking, we may require you to pay the excess. If we require you to pay the excess and you decline to do so, you may cancel your Booking and receive a refund of the fare. If the Tax decreases after you have made a Booking, you will be entitled to a refund of the difference.
4.4 Section 4.2 above does not apply to additional costs incurred as a result of your misconduct, breach or non-compliance with relevant requirements, which we reserve the right to recover from you (e.g. as set out in section 14.2).
Currency
4.5 Our fares are payable in the currency shown at the time of Booking. If you add any flight extras (such as seating) or make changes online or by phone, we will charge you fees in the same currency as your original Booking. If you do this at the airport, we will charge you fees in the local currency.
Payment
4.6 Unless we tell you otherwise, the Booker must pay in full at the time of making your Booking.
4.7 Payment methods may differ depending on the Website, App or sales channel you are using. At the airport, payments should be made by debit, credit card or cash.
4.8 Your bank or card issuer may charge you foreign currency or other transaction fees. We are not responsible for these fees.
4.9 We may process your payment otherwise than in real time. If payment fails or is reversed for any reason after you have made a Booking, we may need to contact the Booker to request that payment is completed. If we do not receive payment in full either within 21 days, subject to applicable fare rules, from the time of Booking or at least six hours prior to your flight (whichever is sooner), we may cancel your Booking.
5 Refunds
5.1 Some of our fares and fees are non-refundable, so if you cancel, miss, or do not take your flight you may not receive a refund, our Refund policy is clearly listed in our Fees and Charges.
Method of refund
5.2 We will only pay refunds to the Booker using the original payment method or original Eznis account, as applicable. If the original payment method or account is no longer available, we will refund to an alternative payment method in the Booker’s name. If you have booked through an Agent, they will be responsible for passing on any refund to you. We are not responsible for any fees the Agent may apply for processing the refund.
5.3 A refund made to someone presenting themselves to us as the Booker using the necessary Booking and security details, and who we reasonably believe is the Booker, will be deemed a proper refund and we will not process any further claim for a refund by the Booker or any other Passenger on the Booking.
5.4 Refunds will normally be made in the original currency in which the Booking was made.
6 Making changes to your Booking
6.1 Our change fees are clearly listed in our Fees and Charges.
Changing your flight
6.2 You can change your flight to another available Eznis flight if you pay the Flight Change Fee plus the fare difference, if any, for your new flight. This is calculated when you make the change. If the new fare is lower than the original fare, we will not refund you the difference.
Passenger changes
6.3 You can change the name of a Passenger on a Booking to someone else by paying a Name Change Fee.
Spelling mistakes
6.4 It is important that your name is spelt correctly on your Booking Confirmation and boarding pass and that it matches the name on your travel document. If it is not, you will need to correct it as soon as possible.
6.5 You can do this by contacting our Customer Services Team. We will not charge you to do this, as long as we reasonably believe you are correcting a mistake and not trying to change the Booking to someone else.
EzBoss fares
6.6 If you purchase an EzBoss fare, some of our change fees are waived. Please see our Fees and Charges for more details.
How to make changes
6.7 Our change fees depend on when the change is made and which channel you use to make the change. You can make changes:
6.7.1 by speaking to our Customer Services Team, at least three hours before departure; or
6.8 If you booked through an Agent, you may be able to make changes through their booking system. They will need to process any changes with us at least three hours before departure. Please check with the Agent if they can do this for you. We are not responsible for any Agent fees.
6.9 The time limits set out in this section 6 are based on the scheduled departure time of your original flight or the flight you wish to change to, whichever is earlier. These time limits do not change if your flight is delayed.
7 Travelling with Children and Infants
7.1 For the purposes of these Terms, an “Infant” is a child under the age of two years old on the date of the flight and a “Child” is a child over the age of two years old and under the age of 12 years old on the date of the flight.
7.2 We do not carry Infants who are less than 14 days old on the date of the flight.
7.3 We only carry Infants or Children if they are travelling with an Accompanying Adult, who must be on the same Booking as the Infant or Child. Please contact our Customer Services Team if you need to add an Infant or Child to your Booking.
7.4 Except as set out in section 7.6, Infants do not need a separate seat and may sit on an Accompanying Adult’s lap, and we charge a fee for such Infants. See our Fees and Charges. Alternatively you can buy a separate seat for your Infant provided they have a car seat/restraint device that we accept on board – please see Flying with children for more details. Children cannot sit on an Accompanying Adult’s lap and must have a separate seat. Tickets for Infants with a seat and for Children are charged at our normal fare, but the Tax may differ.
7.5 For safety and operational reasons, certain seats are not available to be purchased for an Infant. Only one Infant per seating row may be booked to sit on an Accompanying Adult’s lap.
7.6 You cannot be an Accompanying Adult for more than two Infants. If you are an Accompanying Adult with two Infants, only one Infant can sit on your lap. The other Infant must be seated next to you in a suitable car seat/restraint in a separate seat (which you have purchased in accordance with section 7.4). You can purchase separate seats for both Infants if you prefer
7.7 If you are travelling with an Infant or Child, you must always take full responsibility for them throughout your journey. You must ensure that they are adequately and securely seated on board. Under no circumstance may you ask a passenger who is not on your Booking to accept responsibility before or during a flight for an Infant or Child.
7.8 Document requirements for Infants and Children may vary from country to country. In accordance with section 11.10 (Documents and Other Information) below, it is your responsibility to ensure that all Passengers on the Booking are properly documented.
7.9 On any one Booking, there must be at least one Accompanying Adult for every 10 Children.
8 Passengers requiring special assistance
Specific requirements
8.1 If you have special assistance requirements in relation to a disability or a medical condition, please add any requests at the time of making your Booking, so we can pass on the request to the relevant airport teams. You can also add a request after you have made your Booking – please contact our Customer Services for more details. Please make sure you let us know your requirements at least 48 hours before the scheduled departure time of your flight.
8.2 For safety reasons, if you have a disability or medical condition which means you are unable to do any of the following things:
8.2.1 understand the safety briefing
8.2.2 fasten and unfasten your seat belt
8.2.3 take out and put on your life jacket
8.2.4 leave your seat and get to an emergency exit
8.2.5 put on an oxygen mask; and/or
8.2.6 use the toilet on your own
We require a Companion to accompany you on your flight.
8.3 When the number of passengers with reduced mobility forms a significant proportion of the total number of passengers carried they must not exceed the number of able-bodied persons capable of assisting with an emergency evacuation.
8.4 Wheelchairs and mobility aids that weigh more than 60kg can only be accepted for travel if both arrival and departure airports can provide the facilities to load and unload the device. Notifying us at least 48 hours prior to your departure or at the time of Booking will enable us to establish this and use reasonable efforts to accommodate your needs.
8.5 You and we must be reasonably satisfied that before you board the aircraft you are medically fit to fly. If you have any reason to suspect, or ought reasonably to know, that you have a condition which might be exacerbated by the normal operation of an aircraft and/or others on board or could cause you difficulty if you do not have medical assistance before the flight has ended, then you should not fly and we may not accept you for travel. If you have any doubt whatsoever you must seek professional medical advice before flying with us. Whenever you are aware of a medical condition of this type, but have been advised that you are fit to fly provided certain precautions are taken (for example, use of medication), it is your responsibility to ensure that all such precautions are in fact taken before, during and after your flight as needed. We may ask you to produce written evidence of your fitness to fly before we can accept you for travel.
Pre-booked assistance
8.6 If you are travelling with a wheelchair or have pre-booked assistance, please advise a member of our Ground Crew or proceed to the pick-up point provided by the Airport Authority when you arrive at the airport and they will organise the assistance for you. You should ensure that you arrive at the airport with sufficient time to go through airport security and get to the boarding gate in time for your flight. We recommend arriving at least 2 hours before your scheduled departure time.
8.7 We will use our best endeavours to pre-board you in advance of other Passengers if you are at the boarding gate when the announcement for pre-boarding is made. You may be accompanied in pre-boarding by a maximum of one Companion.
8.8 The provision of assistance through the airport, onto the aircraft, off the aircraft and through the arrivals process at the destination is the responsibility of the relevant Airport Authority. Concerns about the level of service provided should be directed to the Airport Authority as appropriate.
9 Seating
9.1 We operate an allocated seating system. You can select seats for a fee at the time of Booking or afterwards online. The fee varies depending on the seat category, the specific flight and when the seat is selected. Please see our Fees and Charges for more details. Some of our fares include seat selection, as shown at time of Booking. All seats are conditional upon availability at the time you seek to select the seats. If you choose to select seats, you must do so for all Passengers on your Booking.
9.2 If you choose not to select a seat we will allocate one for you automatically when you check in. Our system will try to allocate you seats close to other Passengers on your Booking, but this depends on availability and is not guaranteed.
9.3 Seat upgrades to an Up Front or Extra Legroom seat may be available on the flight subject to availability on the day and payment of a fee as communicated by the crew.
9.4 For safety reasons, some seats are restricted and are not suitable for all Passengers.
9.5 Except as set out in 9.6 and 9.7 below, all seat fees are non-refundable. If you change your flight and have paid for a seat on your original flight, we will try to offer you an equivalent seat on your new flight. If the equivalent seat is not available, you prefer another seat, or you do not want to select one, you will not be entitled to a refund.
9.6 Seat fees will be refunded if we cancel your flight and you choose a full refund rather than transferring to another Eznis flight.
9.7 We reserve the right to amend your seat selection, whether before travel or on-board, for operational or safety reasons.
10 Check-in and Advanced Passenger Information
10.1 We offer an online check-in to our flights only.
10.2 Check-in opens 24 hours before departure. Prior to arriving at the airport for your flight, you may check-in online and get your boarding pass from the check-in counter at the airport.
10.3 For travel to many countries, you will also be required to provide Advanced Passenger Information. You must ensure the information submitted is accurate and you must update it if it changes. You must travel using the documents you have submitted.
10.4 If you change any details of your flight(s) after checking in online, if your flight has been cancelled or if you have transferred to another flight, you will need to check-in online again and get a new boarding pass. If you’re already at the airport when your flight is cancelled, please go to the check-in counter.
10.5 If you have any technical problems whilst checking in online please try again later. If you continue to have difficulties, please seek assistance with our staff at the airport.
11 Airport Procedures
Arrival at the airport
11.1 You must arrive at the airport sufficiently in advance of the scheduled flight departure time to complete all government formalities and security procedures and present yourself at the gate on time. Procedures may vary at different airports and for particular flights. It is your responsibility to ensure that you comply with these formalities and procedures.
11.2 You will need to present your boarding pass and all required travel documents. Please see section 11.10 (Travel Documents and Other Requirements). You must adhere to any security screening checks or procedures required by government or airport officials or by us. This includes all information we are required to produce to comply with Advanced Passenger Information requirements.
Speedy Boarding
11.3 If you are entitled to ‘Speedy Boarding’ for your flight, you may join the priority queue at boarding the aircraft. Whether you are entitled to Speedy Boarding will be stated on your Boarding Pass. We do not guarantee that Speedy Boarding will always enable you to board in order of priority as boarding processes are always subject to operational requirements.
11.4 You should make sure to be at the boarding gate when boarding begins to use Speedy Boarding.
If you miss your flight
11.5 If you arrive at the gate beyond the designated Closing Time for any reason, and/or you are unable to present your boarding pass and all required travel documents upon request, we may refuse to carry you and you will miss your flight.
11.6 If you miss your flight, you may pay NOSHO fee to be entitled to get refund based on your booking class rules in our Fees and Charges.
Travel Documents and Other Requirements
11.7 We require all passengers to provide passport at check-in counter and at the boarding gate for all international flights, for domestic flights local citizens can provide National ID.
11.8 Travel document requirements vary by route, your nationality and status. Document validity periods apply, which may be longer than your intended stay. Requirements may also differ for children and those travelling with them. Please note we cannot give advice on your specific circumstances.
11.9 You are solely responsible for checking and complying with all Applicable Laws and document requirements (including entry and exit visas or permits, health, medical and other documents) of any countries you are flying to, from or through. You are also responsible for checking government foreign travel advice which may affect your trip.
11.10 We shall not be liable to you in connection with obtaining necessary documents or your failure to comply with Applicable Laws, requirements or these Terms. Your submission of your Advanced Passenger Information does not mean that you are accepted or eligible to enter any state or territory. We reserve the right to refuse carriage to any Passenger we reasonably believe has not complied with, or whose documents we reasonably believe do not comply with, such requirements, or where we are instructed by government authorities to do so.
12 Right to refuse carriage
12.1 We may refuse to carry you and/or your Baggage, or remove you from a flight if you have already boarded, without any liability on our part, if we reasonably believe:
12.1.1 you or your Baggage may put the safety of the aircraft or the health or safety of any person in the aircraft or airport in danger or at risk;
12.1.2 you are drunk or under the influence of alcohol or drugs in the airport or on board;
12.1.3 you have smoked or attempted to smoke in the airport (other than in permitted areas) or on board;
12.1.4 you are in unlawful possession of drugs;
12.1.5 your mental or physical state is a danger or risk to yourself, the aircraft or any other person on it;
12.1.6 you have caused harm to, injured, or used threatening, abusive, insulting, discriminatory, obscene or lewd language or behaviour towards a member of our staff, Ground Crew or any Passengers
12.1.7 you have made a bomb threat or other security threat;
12.1.8 you have committed a criminal offence during the Booking process, the check-in or boarding process, at the airport or on board the aircraft;
12.1.9 you are a hazard or risk to yourself or other persons or to property;
12.1.10 you have not observed our instructions with respect to safety or security, either on board or at the airport.
12.1.11 you have refused to submit to a security check of yourself or your Baggage;
12.1.12 you have a medical illness or condition that requires a certificate from your doctor confirming your fitness to fly and/or confirming an exemption from the need to wear a mask, and you do not present a valid certificate, or otherwise you do not satisfy us that you are fit to fly (please fill our Medif form for more details);
12.1.13 you are not properly documented;
12.1.14 we are instructed to do so by government authorities (including in relation to your Advanced Passenger Information);
12.1.15 any documentation presented by you:
12.1.15.1 has been acquired unlawfully or has been purchased from an entity other than us or our authorised agent;
12.1.15.2 has been reported as being lost or stolen;
12.1.15.3 is counterfeit or the subject of payment fraud; or
12.1.15.4 has been altered by anyone other than us or our authorised agent, or has been mutilated,
(and in any such case we reserve the right to retain such documentation);
12.1.16 the person presenting themselves at check-in counter or the gate cannot prove that they are the Passenger named on the Booking;
12.1.17 you have tampered with, or deliberately caused damage to, the aircraft or any safety equipment, or have attempted to access any controlled areas without authorisation;
12.1.18 that carriage of you and/or your Baggage may otherwise compromise safety or security; and/or
12.1.19 such action is necessary in order to comply with any Applicable Law.
12.2 In any of the situations outlined in section 12.1 above:
12.2.1 we may cancel any subsequent flights contained in your Booking (and no refunds will be paid in such circumstances); and
12.2.2 we may cancel any existing Bookings and/or refuse to accept future Bookings for you for such length of time as we deem appropriate with regard to the circumstances.
13 Baggage
Cabin Baggage
13.1 Save as set out below, you are permitted one piece of Cabin Baggage per Passenger. Please see our Cabin Baggage Policy for more details, but in particular please note:
13.1.1 your Cabin Baggage must comply with the allowance and maximum dimensions set out in our Cabin Baggage Policy. If it does not, it will be placed in the aircraft hold and you will be charged the airport bag fee in accordance with our Fees and Charges;
13.1.1.1 the standard allowance you can bring on board is one small cabin bag (max 45 x 36 x 20 cm) which must fit under the seat in front of you.
13.1.1.2 in addition, you may bring on board one large cabin bag (max 55 x 40 x 25 cm, which must fit in an overhead locker) only if:
13.1.2 we check bag sizes before you board. If you bring any bag to the gate without the correct on board allowance, it will be placed in the hold (if we can accept it) and you will be charged the airport bag fee. We accept no responsibility for any baggage you leave behind if it is refused at the gate. Please always ensure you remove any valuables, essentials such as medicine, and travel documents from any bags to be placed in the hold;
13.1.3 an item of Cabin Baggage cannot exceed 8kg, and you must be able to lift and carry the item of Cabin Baggage safely without assistance. On occasion we may also need to impose a lower weight limit for operational reasons – in this instance your Cabin Baggage may be placed in the aircraft hold at no additional charge to you;
13.1.4 an overcoat, shawl, umbrella or walking stick and one bag of goods purchased after you have cleared the security screening point at the departure airport may also be carried in addition to the allowance of one item of Cabin Baggage;
13.1.5 you will be entitled to certain additional items if you are travelling with an Infant or Child – see Flying with children for more details. Please see our Medif form in relation to medical equipment; and
13.1.6 we may amend our Cabin Baggage Policy from time to time and will provide the latest updates on our Website. You must check and comply with the latest policy that applies to your flight and date of travel.
13.2 Unless we tell you otherwise, you are prohibited for reasons of safety from operating on board any transmitting electronic equipment or similar devices except hearing aids and heart pacemakers. Any non-transmitting devices or transmitting devices where that function can be switched off can be used during the flight, subject to any Crew instructions.
13.3 Sealed alcohol may be carried in your Cabin Baggage but you will only be allowed to consume alcohol on board that has been purchased from us.
Additional baggage
13.4 We charge fees for each item of Additional baggage. Please see our Fees and Charges. Fees depend on your flight and when you purchase the Additional baggage. Fees are always higher for Additional baggage added at the airport.
13.5 You can purchase Additional baggage during the Booking process or after Booking on our Website or via our Customer Services Team (up to two hours before your flight time). You can also purchase Additional baggage at check-in counter at the airport.
13.6 Please note that if you add Additional baggage on our Website or via the Customer Services Team, the Additional baggage allowance will apply to all flights on your Booking. If you wish to add Additional baggage to selected flights only within a Booking, you will only be able to do this directly at the airport, where the airport price will apply.
13.7 You must check in your Additional baggage at airport. You must not take it to the gate. Additional baggage must have your name or other personal identification securely attached to it.
13.8 When you submit your Additional baggage to us and if we accept it, we will take custody of it, and issue a Baggage Receipt for each piece of Additional baggage. You must keep each Baggage Receipt as proof of having checked it in.
13.9 We will ordinarily carry your Additional baggage on the same aircraft as you unless for safety, security, or operational reasons, we need to carry it on an alternative flight. If your Additional baggage is carried on an alternative flight we will deliver it as soon as reasonably practicable to you, unless any Applicable Law requires you to be present for customs clearance.
13.10 You must comply with our Additional baggage size and weight limitations as set out in our Baggage Policy. The maximum acceptable weight for each single piece of Additional baggage is 32kg. Additional baggage which exceeds this weight will not be accepted for carriage. Any Additional baggage that is outside allowed dimensions will be considered oversize baggage and you should contact our Customer Services Team for advice as to how the item may be carried.
13.11 If you exceed your Additional baggage weight allowance, you must pay an excess weight fee per kilogram, as set out in our Fees and Charges.
13.12 If you are travelling with other Passengers under the same Booking, you may pool or share your total Additional baggage allowance with any other Passenger in your Booking.
13.13 You should not include in your Additional baggage fragile or perishable items, money, jewelry, precious metals, silverware, computers, electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples and we accept no liability for them save as stated in section 17.
13.14 Freight or cargo items cannot be accepted as Additional baggage.
Musical Instruments, Sports Equipment and Bicycles
13.15 We have special rules and fees for the carriage of musical instruments, sports equipment and bicycles. Please see our Baggage Policy. Please note that the fees for these special items apply even if they are within the dimensions of standard Baggage.
Failure to comply with our Baggage policies
13.16 If you fail to comply with any of our policies regarding the carriage of Cabin Baggage, Additional baggage, musical instruments, sporting equipment or bicycles, or pay the relevant fees before check-in or boarding closes, we reserve the right to refuse you travel without payment of any refund or compensation to you.
No Refunds on Baggage Fees
13.17 Baggage fees will not be refunded once paid, even where you do not carry the items or weight paid for or where you cancel or change your flight. If you change your flight, your paid Additional baggage allowance will apply to your new flight. Your Cabin Baggage allowance will depend on your seat selection for your new flight (see section 9.4). If you had purchased a large cabin bag but there is no large cabin bag availability on your new flight, you must not bring your bag to the gate. See our Baggage Policy for more information.
Dangerous Goods and Items Unacceptable as Baggage
13.18 You must not include in your Baggage the items listed below:
13.18.1 items which are likely to endanger the aircraft or persons or property on board the aircraft (including but not limited to gas cylinders, flammable liquids and solids, poisons, radio active material, corrosives, firearms and explosives) without our consent. Please see our Prohibited Items for more details;
13.18.2 items which have not been properly packed in suitcases or other suitable containers in order to ensure safe carriage using ordinary care in handling;
13.18.3 items the carriage of which is prohibited by Applicable Law;
13.18.4 items which are unsuitable for carriage by reason of their weight, size or shape (including fragile or perishable items);
13.18.5 live animals (including pets, insects, reptiles, or any other form of livestock), with the exception of recognised assistance dogs; and
13.18.6 human or animal remains (provided that the carriage of human ashes in your Cabin Baggage is permitted if: (i) you inform us of your intention to carry the ashes prior to travel; (ii) you can produce a copy of the death certificate and the cremation certificate; and (iii) the human ashes are securely packaged in an appropriate sealed container within your Cabin Baggage allowance).
We may refuse to accept Baggage containing such items, and reserve the right to search your Baggage to determine whether you are carrying such items. For that purpose, we may search your Baggage in your absence if you are not available and may break any locks attached to your Baggage.
13.19 If you are unwilling to comply with any search of your Baggage, we may refuse, without refund or other liability to you, to carry you and/or your Baggage. In the event that a search or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence.
13.20 If required, you must attend the inspection of your Baggage by customs or other government officials. We are not liable to you for any loss or damage suffered by you through your failure to comply with this requirement unless due to our fault or negligence.
13.21 If you are in any doubt about what items you can take in the aircraft cabin or in the hold or where you should pack particular items then please call us in advance of your travel or ask at our Ground Crew at bag drop at the airport.
13.22 Government and/or Airport Authorities may impose additional or more onerous requirements applicable to Baggage.These requirements may be changed at short notice, and will apply to your Baggage, even though they may differ from those set out in these Terms, our policies and/or your Booking Confirmation. We will try to let the Booker know as soon as we can, using the details we have been given in the Booking, if these requirements change between the time of your Booking and your flight. Where a government or Airport Authority allows more items to be carried than allowed by us, you remain bound by these Terms.
Collection and Delivery of Baggage
13.23 You must collect your Baggage as soon as it is available for collection at your arrival airport. If you do not claim or collect your Baggage within 14 days of the time it was made available to you, we may dispose of it without any liability to you. If you are unable to collect your Baggage, we may at our discretion assist in making the Baggage available for delivery to you using suitable courier services, Any delivery fees will be at your own cost, which will be agreed prior to arranging delivery.
13.24 Only the bearer of the Baggage Receipt, delivered to the Passenger at the time the Baggage was accepted is entitled to receipt of the Baggage.
13.25 If a person claiming the Baggage is unable to produce the applicable Baggage Receipt upon request, we will only deliver the Baggage to that person on condition that they establish to our satisfaction that they are the Passenger who checked in the Baggage or otherwise have the right to receipt of the Baggage, and if we require, they must provide security to ensure liability to us for any loss, damage or expense which we may incur as a result of delivering such Baggage to a person without such Baggage Receipt or identification.
14 Conduct On Board
14.1 In accordance with Applicable Law, the captain is in command of the aircraft and every person on board must obey their lawful commands. Where Passengers misbehave, are disruptive, or otherwise cause problems, all our captains are given authority to resolve the issues as best they can in all the circumstances. This may include the use of physical restraint and, where possible, removal from the flight of such persons.
14.2 If you conduct yourself on board the aircraft or at the airport so as to:
14.2.1 endanger the aircraft or any person or property on board or at the airport; and/or
14.2.2 obstruct the Crew or Ground Crew in the performance of their duties; and/or
14.2.3 fail to comply with any instruction of the Crew or Ground Crew; and/or
14.2.4 use any threatening, abusive, discriminatory or insulting words towards the Crew or Ground Crew or behave in any of these ways towards the Crew or Ground Crew; and/or
14.2.5 behave in a disorderly, unpredictable, unsafe, discriminatory or aggressive manner or in a manner to which another Passenger may reasonably object,
we may take such measures as we deem necessary to prevent continuation of such conduct, including your restraint or removal from the aircraft or the airport, as well as termination of your continued travel on a flight. You may be prosecuted for offences committed on board the aircraft or at the airport. You will be liable to us for all costs arising from your improper conduct on board the aircraft or at the airport. If a diversion has been necessitated by a Passenger’s behaviour, resolution of the issue may involve handing over those Passengers to security or legal enforcement agents at the diversion point.
14.3 If as a result of your conduct we decide to divert the aircraft for the purpose of offloading you, then you must pay to us all costs and expenses which we incur of any nature whatsoever as a result of, or arising out of, that diversion. If you cause any damage whatsoever or your actions cause us to incur any costs, we will hold you liable for any costs, damages or resulting liabilities incurred. We may take such action as we deem appropriate to recover such costs from you. We may also refuse to accept future Bookings for you in these circumstances until any costs outstanding are repaid.
14.4 In accordance with civil aviation safety requirements, all Eznis flights are non-smoking. Passengers should note that smoking is strictly forbidden and measures will be taken to stop any Passenger smoking anywhere on board an Eznis aircraft.
14.5 At our discretion, we will supply and serve, where appropriate, alcoholic drinks to Passengers on board. Passengers are prohibited from consuming alcohol on Eznis flights other than alcohol that the Passenger has purchased from the on board Eat.Drink.Shop service.
14.6 There is a risk of blacklisting of an unruly or passenger who has been warned for unethical actions on board, and Eznis Airways LLC has the right to refuse to provide services on scheduled and chartered flights.
14.7 Passengers with a history of unruly and unethical behaviour may be granted permission to fly again on scheduled and chartered flights operated by Eznis, provided they submit a written commitment to comply with rules.
15 Schedule Changes, Delays and Cancellation
15.1 We are not responsible for errors or omissions in timetables or other information released by third parties about the dates or times or operation of any flight
15.2 At any time after a Booking has been made, we may need to change our schedules or cancel, divert, deny boarding or delay any flight. This may include changes for reasons of safety, required regulatory approvals, or for other commercial or operational reasons.
15.3 If we make a cancellation or significant change, we will contact the Booker about this as soon as we reasonably can using the contact details we have in the Booking. If you are the Booker, it is your responsibility to contact all other Passengers on the Booking about any such change.
16 Point-to-point flights
16.1 Eznis is a point-to-point carrier and we do not operate connecting or ‘through tickets’ for our flights or the flights of other carriers.
16.2 If you have booked an onward flight with Eznis or another carrier, this represents a separate contract of carriage. We do not guarantee or accept liability for missed onward carriage on a subsequent flight. Where you choose to book such an onward flight, you are responsible for ensuring that you comply with all check-in, baggage and travel document requirements for that flight.
16.3 We require you to have the right to enter the country of arrival of your flight. We do not take into account any onward flight you may have (even if there is an airside transfer route at that arrival airport).
17 Liability
17.1 These Terms govern our liability to you. The liability of any third party carrier on whose ticket or booking you are travelling will be determined by that other carrier’s own conditions of carriage.
Our liability to you governed by the Convention
17.2 Our liability in relation to your carriage by us is governed by the rules and limitations under the Convention, unless such carriage is not international carriage to which the Convention applies, in which case any other Applicable Law shall apply.
Passenger death or injury
17.3 Under the Convention, we shall be liable to you in the event of an accident resulting in your death or other bodily injury whilst on board an aircraft operated by us or in the course of any of the operations of embarking or disembarking.
17.4 The amount of damages payable by us for death or bodily injury is not subject to any financial limit, except that where the Convention applies and if proven damages exceed 128,821 Special Drawing Rights, we can exclude liability if we prove that either such damage was not due to our negligence or other wrongful act or omission or that of our servants or agents, or that such damage was solely due to the negligence or other wrongful act or omission of a third party.
17.5 If we prove that the damage was caused, or contributed to, by the negligence or other wrongful act or omission of the deceased or injured Passenger, we may be exonerated wholly or in part from our liability in accordance with Applicable Law.
17.6 We shall without delay, and in any event no later than 15 days after the identity of the natural person(s) entitled to compensation has been established (by a court or otherwise), make such advance payments as may be required to meet the immediate economic needs of that person on a basis proportional to the hardship suffered. In the event of death, the advance payment will not be less than the equivalent of 16,000 Special Drawing Rights per Passenger.
17.7 Any advance payment paid pursuant to section 17.6 above:
17.7.1 shall not be construed as an admission of liability by us and is made without prejudice to any defence which we are entitled to assert;
17.7.2 may be offset against any subsequent sums payable on the basis of us being held liable;
17.7.3 is not returnable unless we subsequently prove that: (1) the damage was caused, or contributed to, by the negligence or other wrongful act or omission of the deceased or injured Passenger; or (2) the person who received the advance payment caused, or contributed to, the damage by negligence or other wrongful act or omission; or (3) the person who received the payment was not the person entitled to compensation.
17.8 Save to the extent that Applicable Law may otherwise provide, where any advance payment paid pursuant to section 17.6 above, or any part thereof, is returnable to us pursuant to section 17.7 above, the person who received the payment concerned shall make the repayment to us immediately upon the relevant proof being established (in a court or otherwise), together with interest calculated from the date of receipt of the payment by that person until the date of repayment to us, at the then current judgment rate applicable in the court having jurisdiction.
Passenger Delay
17.9 Under the Convention, our liability for damage caused to a Passenger by delay is limited to 5,346 Special Drawing Rights. We shall not be liable to you if we took all reasonable measures to avoid the damage or it was impossible to take such measures.
Damage to Baggage
17.10 We are not liable for any damage to your Cabin Baggage except to the extent the damage resulted from our fault.
17.11 In respect of Additional baggage, we shall be liable to you for its destruction, loss or damage during the time it was in our charge and to the extent that damage did not result from the inherent defect, quality or vice of the Baggage.
17.12 We shall not be liable to you for damage due to over-packing or for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts, or other damage which does not prevent you from using the Baggage.
17.13 Unless section 17.14 applies, our liability to you for loss or damage to Baggage, including loss or damage caused by delay, is limited to 1,288 Special Drawing Rights per Passenger, unless it is proven that the damage resulted from the act or omission of us or our agents and was done either:
17.13.1 with intent to cause damage; or
17.13.2 recklessly and with knowledge that damage would probably result, and you prove that our employees or agents were acting within the scope of their employment.
17.14 Special Drawing Rights shall be converted into the appropriate national currency as at the date of judgment or settlement.
17.15 We are not liable in any event in respect of loss or damage to Baggage which is not permitted to be carried under these Terms (including Prohibited Items) or for any fragile, valuable, perishable articles or articles not packed in suitable containers that have been packed in your Baggage contrary to the requirements of section 13.17.
General
17.16 Other than as specified in these Terms, we are liable to you only for compensatory damages which you are entitled to recover for proven losses and costs under the Convention.
17.17 We are not liable for damage arising from our compliance with any Applicable Law, or from your failure to comply with the same. In the event of any claim for damage, delay or loss, we may make use of all defences of contributory negligence applicable under the Convention.
17.18 Any exclusion or limitation of our liability shall apply to and be for the benefit of our agents, employees and representatives and any person/entity whose aircraft is used by us and such person’s/entity’s agents, employees and representatives to the same extent as they apply to us. The aggregate amount recoverable from us and from such agents, employees, representatives and person/entity and such person’s/entity’s agents, employees and representatives shall not exceed the amount of our limit of liability, if any.
17.19 We shall not be liable for indirect or consequential damages of any nature whatsoever and howsoever arising. Unless expressly provided in these Terms, nothing shall waive any exclusion or limitation of our liability under the Convention or other Applicable Law and to the extent consistent with the Convention, in no event will our obligations exceed any liability specified in these Terms.
17.20 Nothing in these Terms excludes or limits, or intends to exclude or limit: (a) liability for death or personal injury caused by our negligence or (b) liability for our fraud or fraudulent misrepresentation; or (c) liability that cannot be excluded or limited by Applicable Law.
18 Travel Insurance and Insolvency Protection
18.1 Because our liability is limited, you should always ensure you have adequate insurance cover for your entire travel, including to cover the value of your Baggage and its contents and any medical risks.
19 Claims Procedures
Personal Injury or Death claims
19.1 If:
19.1.1 you have a claim for personal injury; or
19.1.2 your personal representative has a claim for your death,
you or your personal representative, as applicable, should tell us in writing as soon as possible.
Baggage Claims
19.2 If your Baggage is damaged, lost or delayed during a flight, you must advise a member of our Ground Crew at the arrival airport as soon as you are aware that it has been damaged, lost or delayed.
19.3 If you receive your Baggage without making a complaint, this will be reasonable evidence that the Baggage was delivered in good condition and according to these Terms, unless you prove otherwise.
19.4 In any event, any claim for damage to, loss or delay of Baggage must be made in writing to Eznis within the following timeframes:
19.4.1 in the case of damage to Baggage, as soon as you discover the damage after you have received the Baggage, at the airport; This includes supporting documentation such as photographs of the damage;
Customer complaints procedure
19.5 For general queries or complaints, please contact us using the details available on our Contact Us page.
Assignment
19.6 You may assign any right to compensation, damages or refund you may have against us only where the right is assigned to:
19.6.1 natural persons who are registered as Passengers on your Booking; and/or
19.6.2 if you are a member of a travel group, to other Passengers of that travel group; and/or
19.6.3 if the Passenger is a minor or otherwise not legally competent, to that Passenger’s legal guardian(s); and/or
19.6.4 assignment or subrogation of the claim is required by Applicable Law.
Except as set out above, you agree not to assign any right to compensation, damages or refund against us and that any other assignment shall be invalid.
20 Data Protection
20.1 We process your personal data in accordance with our Privacy Policy. For more information on the personal data that we collect about you, how we protect it, how and why we process it, who we disclose it to and what your data protection rights are, see our full Privacy Policy.
20.2 Please ensure that the contact details of the Booker and any Passengers provided to us are correct, and update them us immediately if they change. You can do this via our Website.
21 Choice of Law and Jurisdiction
21.1 Choice of law
You and we agree that your contract of carriage with us and these Terms are governed by the laws of Mongolia.
22 Definitions
22.1 The following terms shall have the following meanings when used in these Terms:
“Accompanying Adult” means an adult Passenger of at least 16 years of age who is on the same Booking as an Infant or Child and accompanies them on a flight;
“Advanced Passenger Information” means additional information (including your travel document details) to be provided as part of the check-in process, which we are required by law to pass onto government authorities prior to your travel;
“Agent” means a third party who provides a service to passengers to book Eznis flights on their behalf, such as travel agents, tour operators or corporate booking tools;
“Airport Authority” means the owner and/or operator of an airport at which we operate flights from;
“App” means the Eznis mobile applications connected to the Website and operated by or for Eznis where Bookings can be made;
“Applicable Law” means all laws, statutes, regulations, bye-laws, mandatory codes of conduct and mandatory guidelines, including the Convention, applicable to the Booking, your travel with us and any other services we provide to you under these Terms;
“APR 2019” means the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019;
“Auto Bag Drop” means the automatic baggage tagging and check-in machines that we operate at certain airports;
“Baggage” means your personal property accompanying you on your trip, including Cabin Baggage and Additional baggage;
“Baggage Receipt” means a document issued by us to identify each piece of your Additional baggage;
“Booking” means a booking for one or more Eznis flights which is accepted by us in accordance with section 3.8;
“Booking Reference” means the alphanumeric locator we issue to the Booker to confirm and identify each Booking;
“Booker” means an adult of at least 18 years of age who makes a Booking on behalf of all Passengers in that Booking;
“Booking Confirmation” means the confirmation page and/or email from Eznis to the Booker which includes your Booking Reference and sets out the details of your Booking and any special terms and conditions applicable to your Booking;
“Cabin Baggage” means any Baggage you take with you on board your flight (including items such as handbags, briefcases and laptop bags) and which is not Additional baggage (if we check any of your Baggage into the aircraft hold at check-in or at the gate, it becomes Additional baggage);
“Child” has the meaning given to it in section 7.1;
“Closing Time” means the relevant check-in, bag drop or gate closing time for your flight, as shown in your Booking Confirmation and on our Help page;
“Companion” means a Passenger of at least 16 years of age who in the event of an emergency is physically able to assist a Passenger who requires special assistance;
“Convention” means whichever of the following instruments are applicable:
a) the Warsaw Convention 1929;
b) the Warsaw Convention as amended at The Hague on 28 September 1955;
c) the Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975); and
d) the Montreal Convention (1999),
as supplemented by the Guadalajara Convention (1961) where applicable;
“Crew” means our cabin and/or flight crew who operate our flights;
“Customer Services Team” means Eznis’s customer services phone and web team, the details of which are set on our Contact Us page;
“Government Tax” means Air Passenger Duty in the United Kingdom and/or equivalent passenger tax levied by government in certain jurisdictions which we are obliged to pay in respect of your flight, as listed in Fees and Charges;
“Ground Crew” means a member of ground and/or airport staff or an agent acting on our behalf;
“Additional baggage” means Baggage of which we take custody for stowage in the aircraft hold and for which we have issued a Baggage Receipt;
“Infant” has the meaning given to it in section 7.1;
“Passenger(s)” means any person or persons on a Booking carried or to be carried on an Eznis flight (other than members of Crew);
“Regulation EU261” means Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights;
“Special Drawing Rights ” means an international monetary unit of account fixed by the International Monetary Fund; and
“Website ” means Eznis.com or other website which is part of Eznis.com and operated by or for Eznis where Bookings can be made.
