General conditions of carriageAir Tahiti Nui
- > Chapter I - Definitions
- > Chapter II - Scope
- > Chapter III – Tickets
- > Chapter IV - Tariffs, fees, taxes and charges
- > Chapter V – Reservations
- > Chapter VI - Check-in/Boarding
- > Chapter VII - Denial and ban on carriage
- > Chapter VIII – Baggage
- > Chapter IX - Flight schedules, delays, cancellations
- > Chapter X – Refunds
- > Chapter XI - Behaviour on the aircraft
- > Chapter XII - Arrangements for Additional Services
- > Chapter XIII - Administrative procedures
- > Chapter XIV - Successive carriers
- > Chapter XV - Liability for Damage
- > Chapter XVI - Time limits for making complaints and bringing action for damages
Return to contents Chapter I – Definitions
In the meaning of these terms and conditions and without exception in the text, the following terms are used with the meaning indicated below:
International Agreements (IIA and MIA) of the International Air Transport Association (IATA)
means inter-carrier agreements relating to the liability of air carriers, signed on 31 October 1995 in Kuala Lumpur (IIA) and 3 April 1996 in Montreal (MIA), applied by carriers belonging to the International Air Transport Association (see IATA) since 1 April 1997 and which are situated in the legal framework of international texts on the carrier's liability referred to under points (a) to (d) of the term "Convention" defined below.
means a physical or moral entity which the Carrier has authorised to represent it in the selling of air transportation tickets on its services or those of another Carrier if this agent is authorised to do so.
means a scheduled stop made by the Passenger in the course of their journey, at a stopover place situated between the point of departure and the point of destination and shown on the Ticket or in the Schedules.
Beneficiary (see Person entitled to compensation)
means the effects and other personal property accompanying the Passenger during their journey. Unless otherwise stipulated this term means both checked Baggage and unchecked Baggage.
means Baggage which the Carrier has agreed to take custody of and for which a Baggage Check or baggage identity slip has been issued.
Unchecked baggage or "hand luggage"
means any Baggage other than checked Baggage. This Baggage remains in the custody of the Passenger.
means a valid document establishing the right to carriage, either in the form of an "individual or group ticket" possibly supplemented by a Baggage Check or a baggage identification slip for Checked Baggage, or by an equivalent means in paperless form, including electronic form, issued or authorised by the Air Carrier or its Authorised Agent. It represents the Contract of Carriage, includes the Flight Coupons, Passenger Coupons, advice to passengers and these General Conditions of Carriage.
means a Ticket issued for the Passenger, in conjunction with another Ticket and which together constitute a single Contract of Carriage.
means the Ticket saved by the Carrier or at its request by a computerised Reservation system which is proved by the Itinerary and Receipt issued by the Carrier or in its name, the electronic Flight Coupon or any other document of the same value.
means the identification stub issued by the Carrier and affixed to the Ticket, relating to the carriage of checked baggage.
Airline Designator Code
means the code allocated by IATA, identifying each carrier belonging to this body by two or more alphabetic, numeric or alphanumeric characters are shown on the Ticket.
"Code Share" (see code share Flight)
means the operation by which the Contracting Carrier (Contractual Carrier) delegates to another Carrier (Actual Carrier) the responsibility for carrying out all or part of the transportation. It also means the commercial agreement by which any of the Passenger's other contracting parties (for example a tour operator) entrusts a Carrier with provision of all or part of the transportation.
Contract of Carriage
means the declarations and stipulations attached to the Ticket or to the Itinerary and Receipt, identified as such and incorporating these General Conditions of Carriage and Passenger Advice.
means, as appropriate:
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929.
- the Hague Protocol of 28 September 1955, amending the Warsaw Convention.
- the Guadalajara Supplementary Convention of 18 September 1961.
- the Montreal Protocols nos, 1, 2 and 4 (1975), amending the Warsaw Convention.
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Montreal on 28 May 1999.
means either a paper Flight Coupon or an electronic Coupon, each comprising the name of the Passenger travelling on the flight identified on this Coupon.
Passenger Coupon or Passenger Receipt
means the part of the Ticket, issued by the Carrier or in its name, which is identified as such and which must be retained by the Passenger.
means the part of the Ticket identified as "valid for carriage" or in the case of an electronic Ticket, it means the electronic Coupon showing the precise points between which the Passenger is entitled to be carried.
means an electronic Flight Coupon or any other document of the same value saved on a digital medium in the computer system of the Carrier's Reservations department.
Declaration of Special Interest
means the Declaration made by the Passenger when checking in Baggage, specifying a value greater than that set as the limit of liability enacted by the Convention, for payment of an additional sum.
covers the harm sustained in the event of death or bodily injury to a Passenger or resulting from a delay, total or partial loss of baggage, or any other harm occurring as a result of Air Carriage, as specified below, or which is directly related to it.
Special Drawing Rights (SDR)
means a unit of account of the International Monetary Fund (IMF) the value of which is determined periodically by the latter, from the exchange rate of several reference currencies.
means points, apart from points of origin and destination, shown on the Ticket or mentioned on the Schedules as planned stopovers on the Passenger's itinerary.
Baggage identification slip or Baggage Label or "check"
means the slip issued by the Carrier for the sole purpose of identifying checked Baggage and including a part affixed to the Baggage ("Baggage Label") and another handed to the Passenger for identification of the said Baggage ("Baggage Check").
Event beyond their control
means unusual and unforeseeable circumstances unrelated to party invoking them, the consequences of which could not have been avoided in spite of all care taken.
means the time limit as indicated for each flight before which the Passenger must have carried out all checked-in procedures and received their boarding pass.
Schedules or Timetables
means the list of flight departure and arrival times as mentioned in the schedule guides published by the Carrier, or on its authority, or as made public by electronic means.
IATA (International Air Transport Association)
means the International Air Transport Association created in 1945 in Montreal with the purpose of encouraging the development of safe, regular and economic air transport, encouraging the air trade and studying problems relating to it.
Itinerary and Receipt means one or more documents that the Carrier issues for the Passenger's attention, when they use an electronic Ticket, and which includes their name, flight information and Passenger Advice. It may also be called a "Travel Receipt".
means calendar days comprising all seven days of the week, on the understanding that the day on which a notice is sent is not counted and that for the purpose of determining the validity period of a Ticket, the day of issue of the Ticket or the day of departure of the flight is not counted.
means any item which, for reasons of security or safety cannot be carried in accordance with current legislation.
means any person, apart from members of the crew, in possession of a ticket, who is carried or who is entitled to be carried by an aircraft.
Passenger with Reduced Mobility
means any person whose mobility is reduced when using a means of transport because of a physical disability (sensory or locomotive, permanent or temporary), who has an intellectual deficiency, due to their age or who is disabled for any other reason and whose situation requires special care and that services available to all Passengers are adapted to their needs.
Person entitled to compensation
means the Passenger or any person able to claim compensation in respect of the said Passenger in accordance with the applicable law.
means the fact of a Passenger being in possession of a Ticket or other proof showing that the Reservation has been accepted and recorded by the Air Carrier or the tour operator.
means the fares, charges and General Conditions of Carriage relating to them. Tariffs also include taxes where imposed by the law in force.
Air Carriage (or Journey by Air)
means carriage of the Passenger and their Baggage in the meaning of the applicable Convention.
means AIR TAHITI NUI or any other carrier, whose Airline Designator Code appears on the Ticket or on a Conjunction Ticket.
Code Share flight
means a flight operated by an air Carrier which may be either the Carrier with which the Passenger has entered into a contract (Contracting Carrier or Contractual Carrier) or another Carrier (Carrier providing the flight or Actual Carrier) to which the contracting Carrier has linked its Airline Designator Code.
means "combined transport" in the terms of which the Air Carriage and other modes of transport are sold together and may be carried out under different liability regimes.
Internal flight or domestic flight
means any flight where the town of departure and town of destination are within the same Country, in territorial continuity.
in the meaning of the Convention, means any flight for which the point of departure and point of destination, whether there is a break of carriage or transfer or not, are situated either on the territory of two Countries party to the Convention, or on the territory of a single Country party to the Convention if a stopover in the territory of another Country is planned whether it is party to the Convention or not.
Return to contents Chapter II -Scope
Article 1 - General
- The Conditions of Carriage are the conditions to which the Passenger's Ticket refers. Subject to the provisions of articles 2 and 4 below these General Conditions of Carriage apply to any flight, or portion of flight for which the Air Tahiti Nui Airline Designator Code appears in the "Carrier" box of the corresponding Ticket or Coupon.
- These General Conditions of Carriage also apply to carriage for free or discounted fares unless there are provisions to the contrary in the Contract of Carriage or in any other contractual document binding Air Tahiti Nui to the Passenger.
- All carriage is subject to the General Conditions of Carriage and to the Carrier's current tariff rules when the Ticket is issued or, if this date cannot be determined, at the start of the carriage covered by the first flight Coupon or Ticket.
- These General Conditions of Carriage are established under the Conventions and current law applicable to Carriage.
Article 2 - Charters
If carriage is carried out under a Charter Contract, these Conditions apply only insofar as they are attached, incorporated or stated by reference or otherwise in the Charter contract or on the Ticket.
Article 3 - Code shares
Some of the Carrier's flights or air services may be covered by a "Code Share" agreement with other Air Carriers. In such cases a Carrier other than the one stated on the Ticket (and with which the Passenger may have made their Reservation) may operate the air service concerned. In this case the Passenger will be informed of the identity of this Carrier when the Reservation is made or at the latest, at check-in. These Conditions of Carriage are also valid for this type of carriage.
Article 4 - Predominance of the law
These General Conditions of Carriage apply insofar as they are not contrary to the current law or to the Tariffs stated, in which case, this law or these Tariffs would prevail. Any invalidation of one or more provisions of these General Conditions of Carriage will have no effect on the validity of the other provisions.
Return to contents Chapter III – Tickets
Article 1 - General provisions
- The Ticket is evidence, until proven to the contrary, of the existence of a Contract of Carriage, both in its conclusion and its content, between the Carrier and the Passenger whose name appears on the Ticket.
- Carriage will only be provided for the Passenger named on the Ticket. The Carrier reserves the right to check the identity documents of its Passengers.
- Tickets are non-transferable subject to current applicable law, particularly concerning package travel. If a person other than the person entitled to travel presents themselves with a Ticket for carriage or refund purposes, the Carrier will assume no liability, if in good faith it carries or refunds the person presenting the Ticket.
- Some Tickets sold at discounted fares are partly or completely non-refundable. It is the Passenger's responsibility to check the conditions applicable to the use of the Ticket and, where appropriate, to take out the appropriate insurance to cover instances where the trip might have to be cancelled.
- If the Passenger has a Ticket as described in article 1.4 above, which they have not used and are unable to use for travel because of an event beyond their control, as defined in Chapter 1, the Carrier will credit the Passenger for the amount of the non-refundable Ticket, for a later trip, subject to reasonable administrative costs, provided the Passenger advises the Carrier as soon as possible before the date of the flight and provides evidence of this event beyond their control.
- As the Ticket is subject to strict mandatory conditions it remains the permanent property of the Carrier that issued it.
- With the exception of electronic Tickets, Passengers will not be carried unless they are able to present a valid Ticket, containing the Coupon corresponding to the flight concerned together with all the other unused flight Coupons and the Passenger Coupon. In addition, a damaged Ticket or a Ticket which has been altered by a person other than the Carrier or one of its Authorised Agents will not be valid for carriage. In the case of an electronic Ticket, Passengers must provide proof of identity and will not be carried on a flight unless a valid electronic Ticket has been issued in their name.
- If all or part of the Ticket has been lost or damaged or if a Ticket containing the Passenger Coupon and the unused Flight Coupons is not presented, the Carrier may replace all or part of this Ticket at the Passenger's request. This replacement will be effected by the issuing of a new Ticket, at the Passenger's expense, provided that, at the time of the request, the Carrier has proof that a valid Ticket has been issued for the flight(s) in question and that the Passenger gives written agreement to compensate the Carrier in the event of fraudulent use of the Ticket for an amount up to the price of the Ticket and for all costs and expenses incurred as a result of this fraudulent use. At the end of a period of twelve (12) calendar months with effect from the declaration of loss or theft, the sums paid by the Passenger to the Carrier will be refunded by cheque or bank transfer depending on the method of payment chosen by the Passenger. No refund will be claimed if these costs and expenses were due to the Carrier's negligence. Finally, the Carrier issuing the Ticket may bill the Passenger for reasonable administrative costs of re-issuing the Ticket, unless the loss or damage is due to negligence of the Carrier or its Agent.
- If the proof mentioned in article 1.8 above is not provided or if the Passenger refuses to undertake to compensate the Carrier, the Carrier issuing the Ticket may require the Passenger to pay the total cost of the replacement Ticket. This payment will be refunded when the Carrier has proof that the lost or damaged Ticket has not been used during its validity period or, if the Passenger finds and returns the Ticket to the Carrier during this same period of validity.
- It is the Passenger's responsibility to take every step to ensure that the Ticket is not lost or stolen.
- If the Passenger benefits from a discounted or a special fare, they must be able to provide the appropriate supporting documents at any time during their journey to show that this fare is above board.
Article 2 - Validity period
- Unless provisions to the contrary are stated on the Ticket or in these General Conditions of Carriage, or if there are Tariffs affecting the validity period of a Ticket, as shown on the Ticket itself, a Ticket is valid for carriage for one year, from its date of issue.
- When a Passenger is prevented from travelling during the validity period of the Ticket because the Carrier was unable to confirm the reservation the Passenger asked for when the Reservation was made, the validity of this Ticket will be extended or the Ticket may be refunded, under the conditions stipulated in Chapter X below.
- If, after starting their journey, a Passenger is prevented, for health reasons, from continuing the journey during the validity period of the Ticket, the Carrier may extend the validity of the Ticket, on presentation of an appropriate medical certificate, to the date on which the Passenger is able to travel again or until the date of the next available flight. This extension will only start from the point at which the journey was interrupted and be valid for carriage in the class of service for the fare paid. When the unused Flight Coupons include one or more voluntary stopovers the validity of the Ticket may be extended for three months from the date shown on the medical certificate submitted. Similarly the Carrier will extend the validity of Tickets of close family members travelling with the Passenger.
- If a Passenger dies during their journey, the Tickets of people travelling with the deceased person may, at the Carrier's discretion, be changed, either by extending the notion of minimum stay or by extending the validity period of these Tickets. In the event of the death of a close family member of a Passenger whose journey has started the validity of their Tickets and those of close family members travelling with them may be changed in the same way.
- The change stated in article 2.4 above will only be made on receipt of a due and proper death certificate. Extensions will not exceed forty five (45) days from the date of death.
Article 3 - Order of use of Coupons
- A Ticket is only valid for the transportation shown on it, from the point of departure to the point of destination, via any intermediate Stopover specified when the Ticket was purchased. The fare paid by the Passenger corresponds to a route shown on the Ticket and is an integral part of the Contract of Carriage entered into between the Carrier and the Passenger. The Ticket will not be accepted and will lose all its validity if the Coupons have not been used in their order of issue.
- If the Passenger changes their point of departure or destination (for example, not using the first Coupon), this may result in a change of tariff. Many tariffs are only valid on the dates and for the flights shown on the Ticket. They may, where appropriate, be changed, subject to payment of an additional charge.
Article 4. Changes made at the Passenger's request
- If the Passenger wishes to change all or part of their journey, they must contact the Carrier beforehand. The fare will be recalculated and the Passenger will then have the option to accept the new fare or keep the original carriage, as written on the Ticket.
- If the Passenger has to change their Ticket due to an event beyond their control, as specified in Chapter I, they will be asked to produce evidence of this and must contact the Carrier as soon as possible. The Carrier will endeavour to provide carriage as far as the next intermediate Stopover or the Passenger's destination, without changing the fare.
- If the Passenger changes their journey without the Carrier's agreement, the Carrier will adjust the fare in respect of this change. The Passenger will then have to pay the difference between the fare for the journey purchased and the price of the new journey. If the new fare is lower than the old one the Carrier will refund the difference but the old Coupons, in any case, will no longer be valid.
- Each Flight Coupon of the Ticket will be valid for carriage in the class of service specified on it, at the date and for the flight corresponding to the Reservation made. If a Coupon was originally issued with no mention of a Reservation, a Reservation may be made later, in accordance with the conditions of the current tariff and provided seats are available on the requested flight.
Article 5 - Carrier's name
The Carrier's name on the Ticket may be abbreviated to its Airline Designator Code (as specified in Chapter I) or any other form.
The Carrier's address is considered to be that of its registered office or main place of operation.
Return to contents Chapter IV - Tariffs, fees, taxes and charges
Article 1 - Tariffs
- Tariffs only apply to carriage from the airport of departure to the airport of the point of destination, unless indicated to the contrary. They do not include surface transport between airports and between airports and town terminals. The Tariff will be defined, for each type of passenger, according to the class of service, date of purchase of the Ticket, for a specified journey on the dates and for the itinerary shown on this Ticket. Any change to the Reservation may affect the specified Tariff.
- Applicable Tariffs are those published or calculated by the Carrier in accordance with the tariff rules in force for the flight(s) indicated on the Ticket from the point of departure to the point of destination, for a given class of service, at the date of purchase of the Ticket.
- Apart from provisions to the contrary shown in the Contract of Carriage on in any other contractual document the Tariffs apply exclusively to the journey specified in this Contract or in this document.
Article 2 - Fees, taxes and charges
All fees, taxes or charges imposed by a government, any other authority or airport managers will be payable by the Passenger. On purchase of a Ticket the Passenger will be advised of these fees, taxes or charges, which are in addition to the fare and, in most cases, appear separately on the Ticket. These fees, taxes and charges may be imposed or increased after the date of purchase of the Ticket. In such cases and if the Passenger changes their Reservation, the Passenger will have to pay the corresponding amount.
Article 3 - Fuel surcharge
The Carrier may apply a fuel surcharge on each Reservation as specified in accordance with its tariff conditions. This fuel surcharge is payable by the Passenger and must be paid on issue of the Ticket. If the Reservation is changed this fuel surcharge may vary and the difference in price thus calculated will be refunded or paid to the Passenger or Carrier as the case may be.
Article 3 - Currency of payment
The fare, taxes, fees and charges must be paid in the currency of the country in which the Ticket was purchased, unless another currency is specified by the Carrier or its Authorised Agent at the time of purchase of the Ticket or earlier (for example, due to a lack of convertible local currency). In addition the Carrier may, at its discretion, accept payments in another currency.
Return to contents Chapter V – Reservations
Article 1 - Reservation requirements
- Reservations are not confirmed until they have been accepted and recorded by the Carrier or its Authorised Agent in the computerised booking system. The Carrier may supply a Reservation confirmation on request.
- Some Tariffs may be subject to conditions which limit or exclude the right to change or cancel Reservations.
Article 2 - Deadline for issue of Ticket
If the Passenger has not paid for their Ticket by the specified issue deadline, as indicated by the Carrier or its Authorised Agent, the Reservation may be cancelled and the seat allocated to another Passenger.
The Carrier reserves the right, for operational reasons, to cancel a Reservation before the specified issue deadline, with no entitlement for the Passenger to claim compensation of any kind on these grounds.
Article 3 - Personal information
The Passenger provides the Carrier or its Authorised Agent with personal information for the purposes of making a Reservation, obtaining additional benefits and services, facilitating immigration formalities and entering the territory of a Country. For this purpose the Passenger authorises the Carrier to keep the information collected and to pass it to its own agencies, its Authorised Agents, Carriers in the meaning of Chapter I above, providers of the additional services mentioned above and/or government Authorities, regardless of the country and subject to the applicable law. The Passenger concerned has the right to access and correct the personal information collected, retained and transferred in this way, insofar as it is inaccurate or incomplete.
Article 4 - Seat allocation
The Carrier will try to honour seat allocation requests but cannot guarantee to allocate a given seat, even if the Reservation is confirmed for this particular seat. The Carrier reserves the right to change the seat allocation at any time even after boarding for operational, security or safety reasons.
Article 5 - Reconfirmation of Reservations
If a Passenger uses the services of several Carriers in the course of their journey, in the meaning of article I, it is their responsibility to check with each Carrier whether reconfirmation is necessary. In this case reconfirmation must be made with the Carrier whose Airline Designator Code appears on the Flight Coupon.
Article 6 - Cancellation of onward or return flight Reservations
If the Passenger is not present at check-in for a flight, the Carrier may cancel their Reservations for the onward or return routes, unless the Passenger has informed the Carrier in advance and in accordance with the tariff conditions (see, in particular, Chapter III / article 3 "Order of use of coupons).
Return to contents Chapter VI - Check-in/Boarding
Check-in deadlines vary from one airport to another. The Passenger is advised to make enquiries beforehand. The Passenger must comply with the Check-in deadlines in order to facilitate his journey and avoid being denied boarding. The Carrier or its Authorised Agent will provide the Passenger with the necessary information on the Check-in Deadline of the first flight on its lines. If the Passenger's journey includes subsequent routes the onus is on the Passenger to seek information about Check-in Deadlines by consulting the Schedules of the Carrier or its Authorised Agents.
Passengers must arrive at the Carrier's check-in desk allowing enough time before the departure of the flight to accomplish all the formalities and, in any case, before the Check-in Deadline indicated by the Carrier.
If Passengers have not presented themselves at the Carrier's check-in desk before the Check-in Deadline or not presented a document relating to the journey concerned and are therefore unable to travel, the Carrier may cancel the seat reserved for them and dispose of it, with no liability towards the Passengers.
When a Flight Coupon is not withdrawn at the check-in desk when the Passenger receives their boarding card, the Coupon in question remains in the keeping of the Passenger and must be handed over to the Carrier on boarding.
Passengers must be present at the boarding gate no later than the time shown on their boarding card. The Carrier may cancel the Reservation of Passengers who have not presented themselves at the boarding gate at the time indicated, with no liability towards the Passengers.
The Carrier will not accept any liability, particularly for any loss, damage or expenditure if the Passenger has not complied with the terms and conditions of this article.
Back to contents Chapter VII - Refusal and ban on carriage
Article 1 - Right to refuse carriage
The Carrier may at any point of boarding and/or connection refuse to carry the Passenger and their Baggage if one or more of the following cases has occurred or is likely to occur:
- The Passenger has not complied with the applicable law.
- The carriage of the Passenger and/or their Baggage might endanger the safety, health, comfort or convenience of other Passengers or the crew particularly if the Passenger is intimidating, or uses abusive and insulting behaviour or language.
- The physical or mental state of the Passenger, including a state caused by the consumption of alcohol or taking of drugs or medication, might present a danger or risk to himself, other Passengers, the crew or property.
- The Passenger has compromised safety, good order and/or discipline when checking-in for the flight or, in the case of connecting flights, during a preceding flight and the Carrier has reason to believe that such conduct could happen again.
- The Carrier has given the Passenger written notice that it cannot carry him again. In such cases, the Ticket may be refunded.
- The Passenger has refused to submit to the specified security checks particularly those stated in articles 5 of Chapter VIII and 6 of Chapter XIII below and/or refused to provide proof of their identity.
- The Passenger is unable to prove that they are the person named in the "Name of Passenger" box on the Ticket.
- The Passenger (or person who paid for the Ticket) has not paid the applicable Tariff and/or all the fees, taxes or charges due.
- The Passenger does not appear to have valid travel documents, has sought to enter a territory whilst in transit, destroyed their travel documents during the flight, refused to allow the Carrier to take and keep copies of their documents or their travel documents have expired, are incomplete with regard to current regulations or fraudulent (stolen identity, forged or counterfeit documents).
- The Ticket presented by the Passenger:
- has been acquired fraudulently or purchased from a body other than the Carrier or its Authorised Agent, or
- has been listed as a lost or stolen document, or
- has been forged or counterfeited, or
- includes a flight Coupon which has been damaged or altered by someone other than the Carrier or its Authorised Agent.
- The Passenger has not used the Flight Coupons in the order of issue, according to the provisions of articles 3 and 4 of Chapter III above.
- The Passenger makes a request at check-in or boarding for special assistance not requested when the Reservation was made, apart from disabled people bound for or coming from an airport situated on United States territory.
- The Passenger has not complied with security and safety instructions and regulations.
- In the cases specified in (vii), (ix), (x) and (xi) above, the Carrier reserves the right to retain the Passenger's Ticket.
Article 2. Special assistance
- Carriage of unaccompanied children, pregnant women, sick people and any other person requiring special assistance is subject to prior agreement by the Carrier. Carriage of passengers with reduced mobility is guaranteed for people departing from an airport situated in the territory of a Member State of the European Union to which the Treaty applies, apart from the exceptions stated in Regulation EC no. 1107/2006 of 5 July 2006. Similarly this acceptance is guaranteed for passengers with a disability departing from or bound for an airport situated on United States territory, apart from the exceptions stated in the Air Carrier Access Act Part 382.
Passengers with reduced mobility who alerted the Carrier to their disability or of any special assistance when they bought their Ticket, if accepted by the Carrier in full knowledge of the facts, cannot be refused boarding because of their disability or their special need.
- Passengers requiring special meals must enquire whether they are available, when making the Reservation (or changing a Reservation) or within the prescribed time notified by the Carrier. Failing this, the Carrier cannot guarantee that this special meal will be available on the flight concerned. If for operational reasons some requests cannot be honoured the Carrier will under no circumstances accept liability in this respect.
- Passengers with prior medical conditions are advised to consult a doctor before boarding a flight, especially a long-haul flight, and to take the necessary precautions.
The special conditions stated in article 2.2 above are not part of the Contract of Carriage and must not be considered as Additional Services, in the meaning of Chapter XII below.
In addition, if a request corresponding to the cases stated by articles 2.1 and 2.2 above is made at check-in the Carrier will not accept any liability if they cannot be honoured. In such a situation the Carrier is entitled to deny the Passenger boarding in accordance with the provisions of point (xii) of article 1 of this Chapter.
Return to contents Chapter VIII – Baggage
Article 1 - Baggage Allowance
Every Ticket carries an entitlement, without payment of a supplement, to the transportation as an "allowance" of a quantity of Baggage (in number and/or in weight), determined according to the fare paid and the class of transport. This allowance is shown on the Ticket and must be taken into account in all cases. However, Baggage may not exceed a maximum weight.
Depending on the journey, the quantity of Baggage may be determined either by weight ("weight concept") or by the combined criteria of weight, size and number of Bags ("Piece concept"). Information is available from the Carrier or its Authorised Agents.
Article 2 - Excess baggage
Checked Baggage accepted into the hold must not exceed certain weight and size limits. An additional charge will be payable for Baggage exceeding a certain allowance. Conditions relating to excess Baggage charges are available on request from the Carrier or its Authorised Agents.
Article 3 - Unacceptable items
The Passenger's Baggage must not contain:
- Objects liable to constitute a danger for the aircraft, persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations and in the Carrier's regulations, as applicable (further information is available on request from the Carrier); Explosives, pressurised gas, oxidising, radioactive or magnetised substances, flammable substances, toxic or corrosive substances, liquids of any kind (apart from liquids carried in hand luggage and intended for the Passenger's personal use during the journey).
- Items banned from carriage under the current law in any Country of departure, destination, overflying or scheduled transit;
- Items which the Carrier reasonably considers due to their weight, size, unpleasant smell, shape or nature, fragile or perishable, to be unsuitable for carriage, in view, among other things, of the type of aircraft used. Information about these items can be provided on request;
- Firearms and ammunition other than those for hunting or sport purposes which, to be acceptable as checked Baggage, must be unloaded, suitably packed and have the safety catch on. The transportation of ammunition is subject to the ICAO and IATA Regulations on Dangerous Goods, as indicated in point (i) above;
- Edged weapons, rapier weapons, aerosols that can be used as attack or defence weapons
- Antique weapons, swords, knives and other weapons of this type. This type of object may not be transported in the cabin under any circumstances. They may however be accepted as checked Baggage at the Carrier's discretion;
- Perishable goods, money, currency, jewellery, art, precious metals, silverware, valuables or other precious objects, expensive clothes, optical or photographic devices, computers, electronic and/or telecommunication equipment or devices, musical instruments, passports, identity documents, keys, samples, business papers, manuscripts or shares, whether individual or fungible, etc.; viii Live animals, apart from pets and subject to compliance with the conditions of article 9 of this Chapter.
Article 4 - Right to refuse to carry items
- At any point of boarding or intermediate stop the Carrier may, for security and/or safety reasons, refuse to transport as Baggage the items listed in article 3 above, or refuse to continue to transport them, if they are discovered in the course of the journey. The Carrier is under no obligation to put the refused Baggage and/or articles into storage. If they have to be put into storage, the Carrier will not accept any liability in this respect except in the case of serious misconduct or negligence on its part.
- The Carrier may refuse to transport any item as Baggage because, among other things, of its size, shape, weight, contents, configuration, nature or unpleasant odour or for operational, security or safety reasons or to preserve the comfort and convenience of the Passengers. Information on this type of Baggage is available on request.
- The Carrier may refuse to transport Baggage which it reasonably considers to be badly packed or placed in unsuitable containers.
Article 5 - Right of inspection
For reasons of security/safety, the Carrier may ask to search, X-ray or carry out any other check on the Passenger and/or their Baggage. If the Passenger is not available for any reason, their Baggage may be checked or searched in their absence with a view to checking whether they contain the items specified in article 3 above or indeed any weapons or ammunition that has not been presented.
The Carrier may refuse to carry any Passenger who refuses to comply with such requests, and their Baggage.
The Carrier will not accept any liability for damage to Baggage and their contents as a result of these checks, unless it can be shown that the Damage is directly due to its actions or its negligence.
Article 6 - Checked baggage
- Once the Passenger has checked in their Baggage the Carrier will have custody of it and issue the Passenger with a Baggage receipt for each piece of checked Baggage.
- The Passenger must affix their name or any other registered form to the Baggage.
- Checked Baggage will as far as possible be carried in the same aircraft as the Passenger unless for operational, security or safety reasons the Carrier decides to carry it on another flight. If this is the case the Carrier will deliver the Baggage, unless the applicable legislation provides that the Passenger must be present for a customs inspection.
Article 7 - Unchecked Baggage or carry-on Baggage
- The Carrier may impose size and/or weight limits on Baggage which the Passenger carries on to the plane and/or limit the number of bags. If nothing has been specified Baggage carried on to the plane must be able to fit under the seat in front of the seat allocated to the passenger or into a enclosed storage compartment. Some Baggage that the Passenger wishes to keep in the cabin may, at any time before departure of the flight, not be allowed in the aircraft cabin and be boarded with checked Baggage.
- Baggage/items that the Passenger does not wish to have transported in the hold (such as fragile musical instruments) and which do not comply with the provisions of article 7.1 above (unusual size and/or weight), may be accepted for transportation in the aircraft cabin only if the Carrier has been duly advised in advance and has given authorisation. An additional charge may be made for carrying such items.
Article 8 - Collection and delivery of Baggage
- Subject to the provisions of article 6.3 of this Chapter, Passengers are responsible for collecting their Baggage as soon as it is made available at the points of destination or stopover. If the Passenger does not collect the Baggage within a reasonable time the Carrier may charge a storage fee. If the Passenger does not collect the Baggage within three months of its being made available the Carrier may dispose of it, without incurring any liability towards the Passenger. With regard to the legal provisions in force in certain countries uncollected baggage may be handed over to the relevant national authorities.
- Only the holder of the Baggage Check or Baggage identification slip is authorised to collect the Baggage.
- If a person reclaiming the Baggage is unable to produce the Baggage Check or the baggage identification slip the Carrier will only hand over the Baggage to that person if they can satisfactorily establish their right to it.
- If the holder of the Baggage Check or the baggage identification slip accepts the Baggage without complaint at the time of delivery this constitutes a presumption, without evidence to the contrary, that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage.
Article 9 - Animals
The carriage of animals is subject to the explicit acceptance of the Carrier when the Reservation is made.
The Carrier may agree to carry Passengers' animals under the following conditions:
- Dogs, cats, birds and other pets must be placed in a suitable openwork box and accompanied by the proper documents such as health certificates, vaccination certificates and entry or transit permits. Depending on the destination these animals may be carried subject to conditions, particularly health inspections, which the Passenger must ask the Carrier about.
- If it is accepted as Baggage to be carried on to the aircraft the animal and its container will not be included in the Baggage allowance but constitute excess Baggage for which the Passenger must pay the current tariff.
- Guide dogs and their container travelling with Passengers with Reduced Mobility will be carried free of charge, on top of the normal Baggage allowance, in accordance with the Carrier's rules, available on request.
- Unless carriage is subject to the liability rules of the Convention, the Carrier will not accept liability for injury, loss, delay, illness or death of an animal which it has agreed to carry, unless this Damage is due to Carrier's negligence.
- The Passenger is solely responsible for procuring and presenting all the documents required by the authorities of the receiving or transit countries. The Carrier will not agree to carry animals which do not have the required documents. In the case of fraud, absence of or irregularity in the required documents the Carrier will not be liable in any way for injury, loss, delay, illness or death of animals carried unless the Carrier was at fault or was negligent. Passengers travelling with such animals must reimburse the Carrier for fines, losses, repairs and any other costs incurred as the result of such a situation.
Return to contents Chapter IX - Flight schedules, delays, cancellations
Article 1 - Schedules
- The flights and Schedules shown in the Timetables do not have contractual value and are merely to inform the Passenger about flights offered by the Carrier. These Schedules are not final and are liable to be changed after their date of publication. On the other hand, the flight Schedules reproduced on the ticket are considered, subject to change for reasons beyond the Carrier's control, to be an integral part of the contract of carriage.
- Flight Schedules will be indicated before acceptance of the Passenger's Reservation and reproduced on the Ticket. Flight Times scheduled in this way may however be changed after the issue of the Ticket. In such cases the Passenger will be notified if the Carrier has their contact details. The Passenger is however invited to check with the Carrier, before the scheduled day of departure, whether the Flight Times shown on their Ticket or Itinerary and Receipt have been changed. However in the event of a timetable change, which does not suit the Passenger and/or if the Carrier is unable to offer a more suitable Reservation, the Passenger may receive a refund as indicated in article 2 of Chapter X below.
Article 2 - Cancellation - re-routing, delays
- The Carrier will try to take all necessary measures to avoid delay in carrying the Passenger and their Baggage. In this respect, and in order to avoid cancelling a flight the Carrier may have to ask the Passenger to travel on another aircraft or make the journey on a flight provided by another Carrier and/or by another means of transport.
- Unless there are provisions to the contrary under the Convention and when the Passenger has a unique Contract of Carriage (in the meaning of the said Convention) forming the subject of a Booking:
- - if the Carrier cancels a flight or
- - if it operates the flight with excessive delays compared with the scheduled timetable or
- - if it causes the Passenger to miss a connecting flight, or
- - if the flight does not stop at the voluntary stopover or destination point, or
- - if the Passenger is denied boarding in the case of overbooking, the Carrier must, in agreement with the Passenger:
- Carry the Passenger on the next flight on which a seat is available, without additional cost and, where appropriate, extend the validity period of the Ticket accordingly, or
- Re-route the Passenger to the destination shown on the Ticket within a reasonable period, totally or partly on the Carrier's own flights or those of another Carrier, or by any other suitable means of transport in agreement with the Passenger. If the tariff and fees relating to the new route are lower than the refund value of all or part of the Ticket, the difference will be refunded to the Passenger, or
- The Ticket refunded in accordance with article 2 of Chapter X below.
- In the cases stated in article 2.2, unless there are provisions to the contrary under the Convention or applicable law, the Carrier is not obliged to offer the Passenger any choices other than those offered in point (ii).
Article 3 - Compensation for denial of boarding in the event of overbooking
If, due to scheduled overbooking, the Carrier is unable to allocate the Passenger a seat, even though they have a confirmed Reservation, a valid Ticket, and present themselves at check-in before the deadline and under the required conditions, the Carrier will pay the compensation provided by the applicable law.
This compensation is not payable to a Passenger who is in receipt of a discounted fare, apart from promotional fares.
Return to contents Chapter X – Refunds
Article 1 - General
In accordance with the tariff rules the Carrier will refund all or part of an unused Ticket under the following conditions:
- Unless there are provisions to the contrary in this article the Carrier will be authorised to pay the refund on the basis of sufficient proof either to the person whose name appears on the Ticket or to the person who purchased the Ticket,
- If a Ticket has been paid for by someone other than the person whose name appears on the Ticket and if the Carrier has mentioned a restriction on the refund of this Ticket, the Carrier will make the refund to the person who paid for the Ticket, or the person designated by that person.
- Unless a Ticket has been lost, the refund will only be paid on receipt of the Passenger Coupon or Passenger Receipt and all unused Flight Coupons.
- A refund made to a person presenting themselves as the person entitled to this refund and giving the Carrier the Passenger Coupon or the Passenger Receipt and unused Flight Coupons, will be considered valid and the Carrier will not therefore be liable or subject to any subsequent claim.
- An event beyond the Passenger's control occurring after the start of their journey and preventing them from continuing their journey will not entitle them to a refund but article 2.3 of Chapter III of these General Conditions of Carriage (extension of the validity period of the Ticket) will apply.
Article 2 - Involuntary refunds
- If the Carrier has to cancel a flight, or if it operates with excessive delays in relation to the scheduled timetable or if it causes the Passenger to miss a connecting flight or if the flight does not stop at the voluntary stopover point or intended destination, or if it denies the Passenger boarding because of scheduled overbooking, the Passenger holding a single Contract of Carriage may, subject to applicable law, obtain a refund for an amount:
- equivalent to the fare paid, if no part of the Ticket has been used.
- equal to at least the difference between the fare paid and the fare for the flight that was not made, with reference to the route stated on the Ticket, if part of the Ticket has been used.
- Involuntary movement to a lower class of service: If a Passenger is placed in a class of service lower than that for which the Ticket was bought, a refund (corresponding to this difference in class) will be made according to the applicable law.
Article 3 - Voluntary refund
- If the Passenger is entitled to a refund on their Ticket for reasons other than those mentioned in article 3.2 below, the refund will be for an amount equal to:
- the fare paid, less reasonable administrative or cancellation fees, if no part of the Ticket has been used.
- the difference between the fare paid and the fare applicable to the specified route for which the Ticket has been used, if a part of the Ticket has been used, after deduction of the applicable administrative or cancellation fees.
- Government requirements or any other contractual document between the Carrier and the Passenger may rule out the right to the refunds stated in article 3.1 above particularly in the case of Tickets subject to restricted tariffs or bearing the words "non-refundable".
Article 4 - Refund on Tickets declared lost or stolen
- If all or part of the Ticket is lost or stolen the Passenger may, after providing proof of the loss or theft of the Ticket and paying the applicable administration fees, receive a refund as soon as possible after expiry of the validity period of the Ticket, provided that:
- The Ticket or part of the Ticket that has been lost or stolen has not been used for carriage, previously refunded or replaced without a new payment being made (unless one of these situations is due to the Carrier's negligence); and
- The person receiving the refund agrees to repay this refunded amount if all or part of the Ticket that was declared lost or stolen is used by another person for the purpose of carriage or refund (unless fraudulent use by a third party is due to the Carrier's negligence).
- If the Carrier or its Authorised Agent loses all or part of the Ticket they will be responsible for this loss.
Article 5 - Right to refuse a refund
The Carrier reserves the right to refuse a refund:
- For any Ticket, if the request is made after its validity period has expired.
- For a Ticket presented to the Carrier, or the authorities of a country, to meet the statutory or regulatory requirement of having a ticket to leave the country, unless the Passenger can provide sufficient evidence to establish that they have permission to stay in that country or that they will be leaving by another Carrier or by any other means of transport.
- For a Ticket, whose holder has been refused entry by the authorities in the country of destination or transit on the specified route, and if the Passenger has been returned as a result to their point of embarkation.
- For a stolen, forged or counterfeit Ticket.
- For a Ticket in a currency other than that in which it was paid for.
- For a Ticket bearing the words "non-refundable".
Article 6 - Currency of the refund
- Refunds are subject to the laws and regulations of the country in which the Ticket was originally bought and/or the laws and regulations of the country in which the refund is to be made. Subject to the applicable laws, the Carrier reserves the right to make the refund in the same form and in the same currency as that used when the Ticket was bought.
- If the Carrier agrees to make a refund in a currency other than the currency in which the ticket was bought, this refund will be made at a rate of exchange and under conditions determined by the Carrier.
Article 7 - Persons authorised to make refunds
Refunds are only paid by the Carrier which originally issued the Ticket or by an Authorised Agent, if it has been authorised to do so.
Back to contents Chapter XI - Behaviour on the aircraft
The Carrier reserves the right to make a reasonable assessment of a Passenger's behaviour on the aircraft and, depending on circumstances, to consider whether or not that person is likely to disturb, threaten or endanger one or more persons, property or the aircraft itself. In this respect the Passenger must not prevent the crew from carrying out their duties and must obey the crew's instructions and advice for the security and safety of the aircraft, smooth operation of the flight and the security and comfort of Passengers.
For security reasons the Carrier may have to ban or restrict the use on board the aircraft of electronic equipment such as mobile telephones, laptops, personal recorders, personal radios, electronic games or transmitter receiver sets, any radio controlled game and walkie-talkies, apart from hearing aids and pacemakers.
On board the aircraft a Passenger must not as the result of consuming alcohol, taking drugs or any other substance behave in a way that disturbs, inconveniences, threatens or endangers one or more persons, property or the aircraft itself.
On board the aircraft smoking is strictly forbidden.
The Carrier may have to restrict or ban the consumption of alcohol on board.
If the Passenger behaves in a manner described in the preceding paragraphs the Carrier may be forced to take such measures as it thinks fit and reasonable in this situation, to prevent such behaviour continuing. For this purpose the Carrier may at any time take measures to restrain the Passenger and/or make them leave the aircraft.
If the Passenger does not comply with the provisions of this article and those of Chapter VII relating to refusal and ban on carriage or commits an offence or unacceptable behaviour on board the aircraft the Carrier is entitled to take legal action against this Passenger.
Back to contents Chapter XII - Arrangements for Additional Services
If the Carrier, as part of a Contract of Carriage and subject to the applicable law, agrees to make arrangements, through third parties, to provide services in addition to those of carriage by air or if the Carrier issues a Ticket or voucher concerning carriage or services (other than air travel) such as, for example, hotel reservations or car hire, the Carrier in this case is merely acting as an agent and will not be liable towards the Passenger unless proven to be negligent. The conditions of carriage or sale which govern the activities of these third parties will apply.
When the Carrier provides ground transport services (bus, train, etc…) different liability rules may apply to this ground transport. The conditions of carriage and liability rules are available on request from the Carrier or the Carrier providing the ground transport, as applicable.
If the Carrier offers rail transport services to the Passenger, it is acting merely as an agent even if such transport is identified under the Carrier's Airline Designator Code. The Carrier is not liable for Damage sustained by Passengers and their Baggage during rail transportation.
The Carrier will try to honour the requests of Passengers concerning provision of in-flight services such as drinks, special meals, films, etc.…
The Carrier will not however accept liability if operational, safety and security requirements prevent it from providing suitable services even if these were confirmed on Reservation.
Return to contents Chapter XIII - Administrative procedures
Article 1 - General
- The Passenger is required to obtain and is responsible for obtaining all documents, visas and permits needed for their journey, and ensuring that they comply with all legal requirements (laws, rules, decisions, requirements and provisions) of the Countries of departure, destination and transit, as well as the Carrier's rules and instructions relating to them.
- The Carrier will not be liable for the consequences sustained by the Passenger for failure to comply with the requirements specified in article 1.1.
Article 2 - Travel documents
- The Passenger must present all entry, exit and transit documents, as well as health and other documents required by the applicable regulations (law, regulations, decisions, requirements and provisions) in the Countries of departure, destination and transit. The Passenger must also allow the Carrier to take copies of these documents, if need be, or to note the information contained in them.
- The Carrier reserves the right, in accordance with point (i) of article 1.1 of Chapter VII to refuse to carry a Passenger who is not in compliance with the applicable laws and regulations or if the Carrier has doubts about the validity of the documents presented.
- The Carrier will not accept liability for any losses or expenses the Passenger might incur as the result of not being in compliance with legal provisions.
Article 3 - Refusal of entry
If a Passenger is refused entry to a country, this passenger must pay all fees or fines imposed on the Carrier by the authorities of that country as a result, as well as the cost of carriage if the Carrier is required by government order to return the Passenger to their point of origin or elsewhere. The price paid for carriage to the destination where entry to the country was refused will not be refunded by the Carrier.
Article 4 - The Passenger's responsibility for fines, detention costs, etc.
If the Carrier has to pay or deposit the amount of a fine or penalty or incur costs of any kind because the Passenger intentionally or otherwise failed to comply with the law in the Countries concerned, or failed to present the required documents, or presented documents that were not in conformity, the Passenger must reimburse the Carrier, at its request, for the amounts paid or deposited and expenses incurred. The Carrier may for this purpose use any amount paid to it for flights that have not been made or any amount belonging to the Passenger which the Carrier holds.
Article 5 - Customs inspections
- The Passenger may be asked to be present when their Baggage is inspected (delayed, checked or unchecked) at the request of customs or any other government officials. The Carrier will not accept liability for Damage or loss sustained by a Passenger who fails to comply with this provision.
- The Passenger must compensate the Carrier if an action, omission or negligence by the Passenger causes Damage to the Carrier owing, among other things, to their failure to comply with the provisions of this paragraph or the authorisation given to the Carrier to proceed with the inspection of their Baggage*1.
Article 6 - Security screening
- The Passenger must submit to security screening required by government or airport officials and at the request of the Carrier.
- The Carrier will not accept liability for refusing to carry a Passenger if this is based on the firm conviction that the law, government regulation and/or applicable requirements render it necessary.
Return to contents Chapter XIV - Successive carriers
If carriage is to be undertaken by several Carriers in succession, under a single Ticket or several Tickets issued in conjunction, this is regarded under the Convention as a single carriage when it is envisaged by the parties as a single operation. The provisions concerning this scenario are dealt with in point (i) of article 1 of Chapter XV.
The Carrier will only be liable for that part of the Carriage performed by its own means even though it is the issuer of the Ticket or is the company named first on the Ticket or on a Conjunction Ticket in the case of a successive Carrier.
If their Baggage is destroyed, lost, damaged or delayed the Passenger or their beneficiaries may take action against the Carrier which provided the carriage during which the accident or delay occurred. The Passenger may also take action against the first and last Carrier.
Return to contents Chapter XV - Liability for Damage
Article 1 - General considerations
To the extent that the following does not thwart the other provisions of these Conditions, and that the Convention may or may not apply:
- The Carrier's liability is limited to Damage sustained during Carriage by air for which its Airline Designator Code appears on the Coupon or Ticket corresponding to the flight. When the Carrier issues a Ticket for a transport service provided by another Carrier or when it checks Baggage on behalf of another Carrier the Carrier is merely acting as an agent for that Carrier. However, in the case of checked Baggage the Passenger has a right to take action against the first or last Carrier involved in their journey.
- The Carrier's liability may not exceed the amount of proven direct Damage and the Carrier will not be liable in any way for indirect Damage or for any form of non-compensatory Damage.
- The Carrier will not be liable in any way for Damage resulting from the Carrier's compliance with any legal or regulatory provisions (laws, regulations, decisions, requirements and provisions) or the Passenger's failure to comply with these same provisions.
- The Carrier cannot be held liable in the event of Damage to unchecked Baggage, unless such damage was the direct result of the Carrier's negligence, or that of its staff or agents, which must be proved by the Passenger making the claim.
- The Carrier is not liable for any illness, wounding or disability, including the death of a Passenger, due to the Passenger's physical condition or any worsening of this same condition.
- The Contract of Carriage, including the General Conditions of Carriage and any exclusions or limitations of liability appearing in them apply to and benefit the Carrier's Authorised Agents, staff, agents and representatives as well as the owner of the aircraft used by the Carrier and the agents, employees and representatives of that owner. The total amount that can be recovered from the above-mentioned persons may not exceed the amount of the Carrier's liability.
- If the negligence or other act or harmful omission of the person claiming compensation or the person holding that person's rights was the cause of the Damage or contributed to it, the Carrier will be completely or partly exonerated from liability in regard to this person even in the case of death or bodily injury according to the applicable law.
- Unless expressly stipulated, none of these provisions involve a waiver of the exclusion or limitation of liability of the Carrier, the owner of the aircraft used by the Carrier, their agents, staff or representatives, in accordance with the Convention and the applicable law.
Article 2 - Provisions applicable to international flights
- Bodily injury:
- Under article 17 subsection 1 of the Montreal Convention the Carrier is liable for Damage sustained in the event of death or bodily injury suffered by a Passenger, when the accident that caused the Damage occurred on board the aircraft or in the course of any boarding and disembarkation operations, in the meaning of the Montreal Convention, and subject to cases of exoneration of liability.
- The Carrier will not be liable for Damage if it is proved that:
- The death or bodily injury sustained results from the physical or mental health of the Passenger before boarding the aircraft.
- The Damage in the meaning of article 2.1.1 was totally or partly caused by the negligence, harmful action or omission of the person claiming compensation or the person holding their rights, in accordance with article 20 of the Montreal Convention.
- The Damage is not due to the negligence, other harmful act or omission of the Carrier, its staff or its agents, insofar as the amount of Damage exceeds 113,100 SDR per Passenger according to article 21 subsection 2 (a) of the Montreal Convention.
- The Damage is due solely to the negligence, other action or omission of a third party, insofar as the amount of the Damage exceeds 113,100 SDR per Passenger according to article 21 subsection 2 (b).
- Amount of compensation that can be paid:
- The amount of the Carrier's liability in the event of the death or bodily injury of a Passenger in the meaning of article 2.1.1 above is not subject to any limitation. The amount of Damage that can be paid in compensation will cover the compensation for the Damage, as laid down by mutual agreement, through an expert report or through the competent courts.
- In the context of these provisions the Carrier will only compensate the Passenger beyond the amounts received by the Passenger under the welfare system to which they belong and only for compensatory Damage.
- The Carrier reserves all right of appeal and substitution against any third parties.
- Characteristics of Damage for which compensation may be paid:
- Only direct Damage proven to be the direct result of a delay can be compensated for, to the exclusion of any indirect Damage and any form of Damage other than compensatory Damage.
- The Passenger must establish the existence of the Damage directly resulting from the delay.
- Extent of the Carrier's liability:
- The Carrier will not be liable for Damage resulting from a delay if it is proven that the Carrier, its staff or its agents had taken all reasonable measures to avoid the Damage or that it was unable to take such measures.
- The Carrier is not liable for Damage resulting from a delay, if the Passenger caused this delay or contributed to it, or in other words if the Damage was totally or partly due to the negligence, harmful act or omission of the person claiming compensation or the person holding their rights.
- Extent of compensation:
- In the case of Damage sustained by Passengers as the result of a delay, as defined by the Montreal Convention, and apart from acts or omissions carried out with the intention of causing Damage or recklessly and with the knowledge that Damage could result from them, the Carrier's liability is limited to the sum of 4,694 SDRs per Passenger. The amount of compensation will be determined according to the Damage proved by the Passenger.
- In the case of Damage resulting from a delay in the delivery of checked Baggage, and apart from acts or omissions carried out with the intention of causing Damage or recklessly and with the knowledge that Damage could result from them, the Carrier's liability is limited to the sum of 1,131 SDRs per Passenger. A lump sum compensation (intended to cover the costs of absolute essentials) may be allocated to the Passenger.
- Characteristics of Damage for which compensation may be paid:
- Under article 17 of the Montreal Convention the Carrier is liable for Damage sustained in the event of the destruction, loss, or damage to checked Baggage when the accident that caused the Damage occurred on board the aircraft or during the period in which the Carrier had custody of the checked Baggage.
- Exoneration of the Carrier's liability:
- The Carrier will not be liable for Damage sustained to the Passenger's Baggage when this Damage results from the nature of or specific defect in this Baggage. If the property in the Passenger's Baggage is the cause of harm to another person or to the Carrier the Passenger must compensate the Carrier for all losses sustained and expenses incurred as a result.
- The Carrier will assume no particular liability, other than that specified in article 2.3.3 below, for any Damage and/or loss caused to fragile, perishable or valuable items, or items that have been unsuitably packed in accordance with article 3 of Chapter VIII above,
- The Carrier will not be liable for Damage completely or partly caused to Baggage due to the negligence, harmful act or omission of the person claiming the compensation or the person who holds their rights.
- Amount of compensation that can be paid
- For checked Baggage and apart from acts or omissions carried out with the intention of causing Damage or recklessly and with the knowledge that Damage could be the result, the Carrier's liability in the event of Damage will be limited to 1,131 SDR per Passenger.
- For unchecked Baggage carried on to the aircraft the Carrier will only be liable in the case of proven negligence by the Carrier, its staff or its agents. This liability will be limited to 1,131 SDR per Passenger.
Return to contents Chapter XVI - Time limits for making complaints and bringing action for damages
Article 1 - Notification for complaints about Baggage
- The receipt of checked Baggage without complaint within the specified deadlines will constitute presumption, unless the Passenger provides proof to the contrary, that the Baggage was delivered in good condition and according to the Contract of Carriage. If any Baggage is missing the Carrier must be notified as soon as the flight arrives. Any later declaration may not be considered. Similarly, and item missing from the Baggage must be reported to the Carrier as soon as possible. Any belated declaration may not be considered.
- In the event of damage, delay, loss or destruction of Baggage the Passenger concerned must complain in writing to the Carrier as soon as possible within seven (7) days (in the case of damage or destruction) and twenty-one (21) days (in the case of delay) respectively from the date on which the Baggage was made available to them.
If the Passenger does not complain within the specified deadline any action against the Carrier will be inadmissible, except in cases of fraud on its part.
If the complaint has been made within the specified deadline (seven (7) or twenty-one (21) days) and no settlement has been found between the Carrier and the Passenger, the Passenger may bring an action for damages within two years of the date of arrival of the aircraft, or the date on which the aircraft ought to have landed.
Article 2 - Action for damages for Passengers
Any action for damages must be brought within two years of the arrival at the place of destination, or the day on which the aircraft should have arrived or on which the carriage stopped, or it will be out of time. The method of calculating the deadline will be decided by the law of the Court to which the case is referred.
All claims or actions mentioned in articles 1 and 2 above must be made in writing within the deadlines indicated.
1 This provision is added because of possible penalties the Carrier might pay during a customs inspection when the passenger has prohibited items on the flight and the passenger is not present.