17 SEPTEMBER
THE NEW ZEALAND GAZETTE
3935

Special Three Month Round-Trip Excursion Tariffs From The
Federal Republic of Germany to New Zealand Notice 1984
Pursuant to Section 29A(2) of the Civil Aviation Act 1964, the
Minister of Civil Aviation and Meteorological Services hereby gives
the following notice.

NOTICE

1. Title, commencement and application.—(1) This notice may be
   cited as the Special Three-Month Round-Trip Excursion Tariffs from
   the Federal Republic of Germany to New Zealand Notice 1984.
   (2) This notice shall come into force on the day after the date
   of its publication in the Gazette.
   (3) This notice shall apply to the airlines specified in the first
   column of the Second Schedule to this notice.

2. Interpretation.—(1) In this notice, unless the context otherwise
   requires,—

“The Act” means the Civil Aviation Act 1964:
“AP” means a route between Area 2 and Area 3 via—
(a) Area 1; or
(b) A polar service between Europe and Japan; or
(c) Both:
“Commission Regime” means the Civil Aviation (Passenger
Agents’ Commission Regime) Notice 1983*:
“DMK” means West German Marks:
“EH” means any route—
(a) Within Area 2; or
(b) Within Area 3; or
(c) Between Area 2 and Area 3 other than AP:
“General Tariff Conditions” means the Civil Aviation (General
Passenger Conditions) Order 1984 †:
“Involuntary cancellation”, in relation to any travel, means the
cancellation of all or any part of that travel arising out of—
(a) Involuntary failure in respect of all or any part of that
travel; or
(b) The death of that passenger or a member of his
immediate family:
“Involuntary failure”, in relation to any travel, means the ina-
bility of a carrier to provide the travel originally arranged
because that carrier—
(a) Cancels a flight; or
(b) Fails to operate a flight reasonably to schedule; or
(c) Omits a scheduled stop that is a destination, stopover,
or transfer point, of the passenger concerned; or
(d) Fails to provide travel previously confirmed by or on
behalf of that carrier; or
(e) Causes the passenger concerned to miss a connecting
flight in respect of which that passenger has a confirmed
reservation:
“Involuntary rerouting”, in relation to any part of any travel,
means rerouting of all or any part of that travel as a result of
involuntary failure of that first-mentioned part:
“Specified fare” means a fare specified in the First Schedule to
this notice:
“Voluntary cancellation”, in relation to any travel, means can-
cellation of that travel that is not involuntary cancellation:
(2) Every expression defined in section 2 or section 29A(12) of
the Act or in clause 2 of the General Tariff Conditions shall have
the meaning so defined.
(3) This notice shall be read as if every clause of the General
Tariff Conditions expressed in this notice to be imported into this
notice forms part of this notice; and for the purposes of this notice
every reference in any such clause so expressed to “this notice”
shall be read as a reference to this notice.
(4) Where in any provision of this notice it is provided that a
fare may apply, that provision shall be read as if it were provided
in that provision that—
(a) Subject to subclause (5) of this clause, travel to which
that fare relates may be arranged, provided, and sold, or
any of them, at that fare; and
(b) Subject to subclause (5) of this clause, any person may
undertake, or advertise his ability or willingness, to arrange,
provide, and sell, or any of them, travel to which that fare
relates;—
and “application” shall have a corresponding meaning.
(5) Where in any provision of this notice it is provided that a
fare shall not apply, that provision shall be read as if it were pro-
vided in that provision that—
(a) No person shall arrange, provide, or sell, at that fare
travel to which that fare relates; and
(b) No person shall undertake, or advertise his ability or
willingness, to arrange, provide, or sell, at that fare travel
to which that fare relates;—
and “application” shall have a corresponding meaning.

3. Fares.—(1) A fare specified in the first column of the First
   Schedule to this notice may apply to economy class round-trip travel,
   via the route specified opposite that fare in the third column of that
   Schedule, from a point in the Federal Republic of Germany speci-
   fied opposite that fare in the fourth column of that Schedule to and
   return from a point in New Zealand specified opposite that fare in
   the fifth column of that Schedule.
   (2) For the purposes of this notice, it is hereby declared that the
   travel for which it is stated in this notice that any specified fare
   may apply is the only travel to which that fare relates.
   (3) A specified fare shall not apply unless all calculations relating
   to that fare and the adjustments, charges and surcharges (if any)
   payable in respect of the travel to which that fare relates, are made
   in accordance with clause 4(28) of this notice.

4. Conditions.—The application of every specified fare shall be
   subject to the following provisions:

(1) APPLICATION—Except to the extent (if any) specified else-
where in this notice, a specified fare shall not apply except for econ-
omy class round-trip travel:

(2) PERIOD OF APPLICATION—Of the specified fares—

(a) A fare specified in the second column of the First
Schedule to this notice as a peak season fare shall not apply
unless travel on the first outbound international sector of
the travel to which it relates commences in January, Sep-
tember, October, November or December:

(b) A fare specified in the second column of that Schedule
as a basic season fare shall not apply unless travel on the
first outbound international sector of the travel to which
it relates commences in February, March, April, May, June,
July, or August:

(3) FARES—Clause 6 of the General Tariff Conditions shall be
imported into this notice; but after the commencement of any travel
for which any other fare has been paid, a specified fare shall not
apply—

(a) To any rerouting of that travel; or

(b) For the purposes of calculating any refund in relation to any
rerouting of that travel, or the cancellation of any unused
portion of that travel:

(4) VALIDITY—The clauses (except clauses 16 and 18(3)) com-
prising Part IV of the General Tariff Conditions shall be imported
into this notice; but a specified fare shall not apply if—

(a) The ticket issued for the travel to which that fare relates, has
no minimum validity, or a minimum validity of less than
14 days after the date of arrival in the country of
turnaround:

(b) Except as provided in clause 14 of the General Tariff Con-
ditions (as imported into this notice), travel on that return
portion of that ticket is not arranged that it is capable of
commencing within the minimum validity of that ticket:

(c) That ticket has no maximum validity, or a maximum validity
of more than 3 months after the date of arrival in the
country of turnaround:

(d) Except as provided in subclauses (1), (2), (4) and (5) of clause
18 of the General Tariff Conditions (as imported into this
notice), travel on the return portion of that ticket is so
arranged that it is capable of commencing after the expira-
tion of the maximum validity of that ticket:

(e) Any carrier (or any agent of any carrier) extends or is to extend
the maximum validity of that ticket by reason of the ill-
ness of the passenger concerned or any other person:

(5) GROUP SIZE—The application of the specified fares shall
not be affected by the fact that any person travels or is to travel
on an individual basis, or by the size of any group:

(6) STOPOVERS—The clauses comprising Part VI of the General
Tariff Conditions shall be imported into this notice; but a specified
fare shall not apply if there is allowed or to be allowed in respect
of the travel to which that fare relates—

(a) More than one stopover in each direction; or

(b) A stopover at any point other than Singapore; or

(c) A stopover not agreed between the passenger and the carrier
concerned (or an agent of that carrier) and shown on the
ticket of that passenger:

(7) ADVERTISING AND SALES—Clause 25 of the General
Tariff Conditions shall be imported into this notice; but a specified
fare shall not apply if —

(a) Any person arranges, provides, and sells, or any of them, travel
to which that fare relates; or

(b) Any person undertakes or advertises his ability or willing-
ness, to arrange, provide, and sell, or any of them, travel
to which that fare relates —

in any country other than the Federal Republic of Germany,
(including West Berlin), or New Zealand:

• Gazette, 1983 p. 3043
  † Gazette, 1984 p. 1021

Sig. 13