General Conditions of Carriage
ARTICLE I – DEFINITIONS
Within these conditions and except as otherwise provided for herein, the following terms are used with the meaning given below:
"International Agreements (IIA and MIA) of the International Air Transport Association (IATA)"
means the inter-carrier agreements on the liability of air carriers, signed on 31 October 1995 in Kuala Lumpur (IIA) and on 3 April 1996 in Montreal (MIA), which are applicable by carriers that have been members of the International Air Transport Association (see IATA) since 1 April 1997, and which are included in the legal scope of the international sources of law on carrier liability referred to under points (a) to (d) of the term "Convention" defined below.
means a passenger sales agent who has been appointed by Carrier to represent the Carrier in the sale of air passenger transportation over the services of the Carrier and, when authorized, over the services of other air carriers.
means a deliberate interruption of travel by the Passenger, at a point between the place of departure and the place of destination, shown on the Ticket or mentioned in the Schedules.
"Beneficiary" (see Person entitled to compensation)
means such articles, effects and other personal property of a passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it includes both checked and unchecked baggage of the passenger.
means those portions of the ticket, which relate to the carriage of the passenger’s checked baggage.
"Unchecked Baggage" or "Cabin Baggage"
means any baggage of the passenger other than checked baggage. This Baggage remains in the custody of the Passenger.
means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by or on behalf of Carrier, and including Conditions of Contract, notices and the Coupons contained in it.
means a ticket issued to a passenger in conjunction with another ticket which together constitute a single contract of carriage.
means the Itinerary/Receipt issued by or on behalf of Carrier, the Electronic Coupons and, if applicable, a boarding document.
means those portions of the ticket, which relate to the carriage of the passenger’s checked baggage.
"Airline Designator Code"
means the code issued by the IATA, which identifies each carrier that is a member of this association using two or more alphabetical, numerical or alphanumeric characters and that is shown on the Ticket in combination with the flight number.
"Code Share" (see "Code Share Flight")
means carriage by an “Operating Carrier” who, by virtue of a charter agreement with the “Contracting Carrier” (Charterer or Tour Operator), performs the whole Carriage or a part thereof. The contracting Carrier is the (legal) entity with which, the Passenger concludes the contract of carriage.
"Contract of Carriage"
means the declarations and provisions appearing on the Ticket, identified as such and incorporating these Conditions of Carriage as well as notices to Passengers.
means whichever of the following instruments is applicable to the contract of carriage:
(a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention);
(b) the Warsaw Convention as amended at The Hague on 28 September 1955;
(c) the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 4 of Montreal 1975;
(d) Guadalajara Supplementary Convention of 18 September 1961;
(e) Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on May 28, 1999 (hereinafter referred to as the Montreal Convention).
means a paper Flight Coupon or an Electronic Coupon, mentioning the name of the Passenger supposed to travel on the identified flight.
"Passenger Coupon" or "Passenger Receipt"
means that portion of the ticket issued by or on behalf of Carrier, which is so marked and which ultimately is to be retained by the passenger.
means that portion of the ticket that bears the notation "good for passage", and in the case of an "electronic ticket", the electronic coupon, and indicates the particular places between which passenger is entitled to be carried.
means an electronic Flight Coupon or other value document held in Carrier’s database.
"Excess Value Declaration"
means the declaration made by the Passenger when handing over the Baggage to be checked, which specifies a value that is higher than that fixed as a liability limit by the Convention, in consideration for the payment of a surcharge.
includes death, injury, delay, loss, partial loss, theft, or other damage of whatsoever nature arising out of or in connection with carriage or other services performed by Carrier incidental thereto.
"Special Drawing Right (SDR) "
means a unit of account of the International Monetary Fund (IMF) the value of which is periodically defined by the IMF, on the basis of the listed prices of several reference currencies.
"Agreed Stopping Places"
means those places, except the place of departure and the place of destination, set forth in the ticket or shown in Carrier’s timetables as scheduled stopping places on the passenger’s route.
"Baggage Identification Tag"
means a document issued by Carrier solely for identification of checked baggage.
means extraordinary and unforeseeable circumstances that are beyond the control of the party invoking it and which could not have been avoided despite all the care and attention exercised.
Check-in Time Limit
means the time limit before which Passengers must have carried out their formalities, in particular check-in, including, where applicable, checking in their Baggage, and be in possession of their boarding card or pass.
"Schedules" or "Schedule Indicators"
means the list of departure and arrival times for the aircraft, as shown in the schedule guides published by the Carrier, or under its authority, or as brought to the attention of the public by electronic means.
"IATA (International Air Transport Association)"
means the International Air Transport Association, created in April 1945 in Montreal, the purpose of which is to encourage the development of safe, regular and economical air carriage and to promote air services and study the problems related thereto.
means a document or documents forming part of the Electronic Ticket which contains the information and notices required by law.
means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted; and that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted.
means a child under the age of two years. In accordance with the Air Tahiti Nui child policy.
means any object which, for safety or security reasons, cannot be transported, in accordance with the law in force.
means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.
"Passenger with a Disability"
means any person whose mobility is reduced when using transport because of any physical disability (sensory or locomotory, permanent or temporary), intellectual impairment, age or any other cause of disability, and whose situation needs special attention and adaptation to the person’s needs of the services made available to all Passengers.
"Person Entitled to Compensation"
means the Passenger or any person who can claim compensation on behalf of said Passenger, in accordance with the applicable law and these Conditions of Carriage.
means rules, other than these Conditions, published by Carrier and in effect on date of ticket issue, governing carriage of passengers and/or baggage and shall include any applicable tariffs in force.
means the fact that a Passenger is in possession of a Ticket, or other proof, indicating that the Reservation has been accepted and recorded by the Airline or tour operator.
means the fare for a journey reserved by the Passenger, in a booking class, for given routes, flights and, where applicable, dates.
"Gross Fare" or "Fare Including Tax" means the Net Fare plus Taxes, where required by applicable law.
"Air Carriage" (or "Air Travel")
means the carriage of a Passenger and their Baggage by an aircraft, as defined by the applicable Convention.
means AIR TAHITI NUI or includes the air carrier issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his baggage thereunder.
"Code Share Flight" or "Code Share"
means a flight operated by an Air Carrier that can be either the Carrier with which the Passenger has concluded a Contract of Carriage ("Contracting Carrier" or "Contractual Carrier"), or another Carrier (Carrier providing the flight or "Actual Carrier") with which the Contracting Carrier has associated its Designator Code.
means "combined carriage" whereby Air Carriage and the other forms of carriage are sold together and may be performed under different liability systems.
"Internal Flight or Domestic Flight"
means any flight for which the departure and arrival town are within the same State, within territorial continuity.
means, as defined by the Convention, any flight for which the departure point and arrival point and, possibly, the stopover point, are located on the territory of at least two States that are parties to the Convention, notwithstanding stopovers or aircraft changes, or within a single State if a stopover is scheduled in another State, regardless of whether said other State is or is not party to the Convention.
ARTICLE II - APPLICABILITY
2.1.1 Except as provided in 2.1.3 and 2.4, these Conditions of Carriage apply to all carriage by air of passengers and baggage, performed by Carrier for reward.
2.1.2 These Conditions also apply to gratuitous and reduced fare carriage except to the extent that Carrier has provided otherwise in its Regulations or in the relevant contracts, passes or tickets. These Conditions apply to all transportation provided by the Carrier as a matter of contract.
2.1.3 All carriage is subject to the Conditions of Carriage and the Carrier's fare regulations in force at the time of the Passenger's Booking.
2.1.4 However, if these Conditions of Carriage are inconsistent with any tariffs or laws, then such tariffs or laws will apply.
If Carriage is performed pursuant to a charter agreement, these conditions apply except to the extent they are modified by passenger’s agreement with the charterer or the charter ticket.
2.3 CODE SHARES
Certain flights are provided by the Carrier pursuant to Code Share agreement. The Carrier shall inform the Passenger of the identity of the carrier, at time of reservation. In all cases, the Passenger shall be informed, at the latest during check-in. These conditions of the Contract of Carriage also apply to this type of carriage.
When Carrier is the marketing carrier on an international flight to/from/via the U.S. operated by one of Carrier’s codeshare partners, Carrier accepts responsibility for the entirety of the codeshare journey for all obligations established in this document. If a flight is ticketed by the Carrier but operated by a codeshare partner, the codeshare partner’s Contingency Plan for Lengthy Tarmac Delays will apply in the event of a lengthy tarmac delay at a U.S. airport.
For a customer traveling on an international flight to/from/via the U.S. operated by one of Carrier’s codeshare partners, please visit the web site of the operating carrier or call Carrier’s reservations services in order to inquire about rules of the operating carrier that may differ from Carrier’s rules. Areas where there is a variance in the rules applied by some of the codeshare partners operating flights that are marketed by Carrier include the following:
_Check-in time limits
_ Unaccompanied minors
_ Carriage of animals
_ Refusal to transport
_ Oxygen service
_ Irregular operations
_ Denied boarding compensation
_ Baggage acceptance, allowance, and liability
The Emergency Plan, in the event of a long tarmac delay, applicable in the United States is that of the actual Carrier (operating the flight).
For links to the web sites of the operating carriers with whom Carrier codeshares, please click here.
2.4 OVERRIDING LAW
To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention, where applicable and any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.
Except as provided herein, in the event of inconsistency between these Conditions and Carrier’s regulations, these Conditions shall prevail, except where tariffs in force in the United States or Canada apply, in which case the tariffs shall prevail.
ARTICLE III – TICKETS
3.1 GENERAL PROVISIONS - TICKET PRIMA FACIE EVIDENCE OF CONTRACT
3.1.1 The ticket constitutes prima facie evidence of the contract of carriage between Carrier and the passenger named on the ticket. No contract shall exist between Carrier and the passenger before the purchase of a ticket.
3.1.2 Carrier will provide carriage only to the passenger holding such ticket, or holding, as proof of payment or part payment, any other Carrier document issued by Carrier or its Authorized Agent. If the ticket was issued by or on behalf of another carrier, it is the property of that carrier. The Carrier reserves the right to check the identity documents of these Passengers.
3.1.3 A ticket is not transferable. If someone other than the person entitled to be carried on a ticket travel pursuant to that ticket or is given a refund in connection therewith, Carrier shall not be liable to the person so entitled if, in good faith, it provides carriage, or makes a refund. If a ticket is presented by someone other than the person entitled to be carried thereunder or to a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage or makes a refund to the person presenting the ticket.
3.1.4 Certain Tickets, which are sold at reduced fares, are partially or totally non-modifiable and/or refundable. It is the Passenger’s responsibility, when making their Booking, to consult the conditions applicable to the use of their Ticket and, where necessary, to take out the appropriate insurance to cover the circumstances under which they might have to cancel their journey.
3.1.5 If the Passenger possesses a Ticket, as described in Article 3.1.4 above, which they have not used, and if it is impossible for them to travel for reasons of Force Majeure, as defined in Article 1, the Carrier shall issue to the Passenger a credit note corresponding to the Gross Fare for their non-refundable Ticket, for a subsequent journey
and subject to service charges, provided that the Passenger informs the Carrier as soon as possible before the flight date and provides proof of such instance of Force Majeure.
3.1.6 The Conditions of Contract contained in the ticket are a summary of some of the provisions of these Conditions of Carriage. The ticket remains the Carrier’s property at all times if it was issued by Carrier or its Authorized Agent.
3.1.7 Requirement for Ticket
Except in the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person presents a ticket valid and duly issued in accordance with Carrier’s Regulations and containing the flight coupon for that flight and all other unused flight coupons and the passenger coupon. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or if it has been altered otherwise than by Carrier or its authorized Agent. In the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person provides positive identification and has a ticket valid and duly issued in accordance with Carrier’s Regulations and contained in Carrier’s database.
3.2 PERIOD OF VALIDITY
A ticket is valid for carriage for one year from the date of issuance thereof, except as otherwise provided in the ticket, these Conditions or Carrier’s Regulations.
3.2.1 Extension of Validity
126.96.36.199 If a passenger is prevented from travelling within the period of validity of the ticket because Carrier:
188.8.131.52(a) cancels the flight on which the passenger holds a reservation; or
184.108.40.206(b) omits a scheduled stop, being the passenger’s place of departure, place of destination or a stopover; or
220.127.116.11(c) fails to operate a flight reasonably according to schedule;
18.104.22.168(d) causes the passenger to miss a connection; or
22.214.171.124(e) substitutes a different class of service; or
126.96.36.199(f) is unable to provide previously confirmed space; the validity of such passenger’s ticket will be extended until Carrier’s first flight on which space is available in the class of service for which the fare has been paid.
188.8.131.52 When a passenger is prevented from travelling within the period of validity of the ticket because at the time such passenger requests reservations Carrier is unable to provide space on the flight, the validity of such passenger’s ticket will be extended in accordance with Carrier’s Regulations.
184.108.40.206 When a passenger after having commenced his or her journey is prevented from travelling within the period of validity of the ticket by reason of illness, Carrier will extend, (provided such extension is not precluded by Carrier’s Regulations applicable to the fare paid by the passenger) the period of validity of such passenger’s ticket until the date when the passenger becomes fit to travel according to a medical certificate, or until Carrier’s first flight after such date from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. When the flight coupons remaining in the ticket, or in the case of an electronic ticket, the electronic coupon, involve one or more stopovers, the validity of such ticket, subject to Carrier’s Regulations, will be extended for not more than three months from the date shown on such certificate. In such circumstances, Carrier will extend similarly the period of validity of tickets of other members of the passenger’s immediate family accompanying an incapacitated passenger.
220.127.116.11 In the event of death of a passenger during the travel, the tickets of the persons accompanying the passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a passenger who has commenced travel, the validity of the passenger’s tickets and those of his or her immediate family accompanying the passenger may be likewise modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of the death.
3.3 COUPON SEQUENCE
3.3.1 Carrier will honour flight coupons, or in the case of an electronic ticket, an electronic coupon, only in sequence from the place of departure as shown on the ticket.
3.3.2 The ticket may not be valid and Carrier may not honour the passenger’s ticket if the first flight coupon, or in the case of an electronic ticket, an electronic coupon, for international travel has not been used and the passenger commences his or her journey at any stopover or agreed stopping place.
3.3.3 Each flight coupon, or in the case of an electronic ticket, an electronic coupon, will be accepted for carriage in the class of service specified therein on the date and flight for which accommodation has been reserved. When flight coupons, or in the case of an electronic ticket, an electronic coupon, are issued without a reservation being specified thereon, space will be reserved on application subject to the conditions of the relevant fare and the availability of space on the flight applied for.
3.4 – MODIFICATIONS AT THE REQUEST OF THE PASSENGER
- If the Passenger wishes to change all or part of his journey, he must first contact the Carrier. The fare will be recalculated and the Passenger will then have the option of accepting the new price or maintaining the original transport, as indicated on the Ticket.
- If the Passenger has to modify his Ticket for a reason of Force Majeure, as defined in Article 1 and for which he will be asked to provide proof, he must, as soon as possible, contact the Carrier, which will endeavor to provide transportation to the next intermediate Stopover or to the Passenger's destination, without any change in fare.
- If the Passenger modifies his trip without the agreement of the Carrier, the latter will adjust the fare regarding this change. The Passenger will then have to pay the difference between the fare corresponding to the trip purchased and the price of the new trip. If the new fare is lower than the old one, the Carrier will reimburse the difference but the old Coupons, in any event, will no longer have any value.
- Each Ticket Flight Coupon will be valid for transportation in the class specified on it, on the date and for the flight corresponding to the Reservation made. If a Coupon is originally issued without mention of a Reservation, a Reservation may be made later, in accordance with the conditions of the fare in force and within the limits of the seats available on the flight requested.
3.5 NAME AND ADDRESS OF CARRIER
Carrier’s name may be abbreviated in the ticket. Carrier’s address shall be deemed to be the airport of departure shown opposite the first abbreviation of Carrier’s name in the "Carrier" box in the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/ receipt.
3.6 — STOPOVERS
may be permitted at agreed stopping places subject to government requirements and Carrier’s Regulations.
ARTICLE IV - FARES & CHARGES
- Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town terminals, unless provided by Carrier without additional charge.
- The Fare will be defined, for each type of passenger, according to the class of transport, on the Ticket purchases date, for a journey scheduled on the dates and for the itinerary shown on said Ticket. Any change in itinerary or journey date may have an impact on the applicable Fare.
- Applicable fares, including but not limited to any Carrier surcharges, are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier’s Regulations. Subject to government requirements and Carrier’s Regulations, the applicable fare is the fare for the flight or flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket, or in the case of an electronic ticket, as indicated for the first flight segment in the itinerary/receipt. When the amount that has been collected is not the applicable fare the difference shall be paid by the passenger or, as the case may be, refunded by Carrier, in accordance with Carrier’s Regulations. Should you change your itinerary or any date of travel, this may result in a change to the fare.
- Unless otherwise provided in the Contract of Carriage or in any other contractual document, the Fares apply exclusively to the travel provided in this Contract.
The Carrier may apply, on each Reservation, a fuel surcharge defined in accordance with its pricing/tariff conditions. The amount of this fuel surcharge will be borne by the Passenger and must be paid when the Ticket is issued. In the event of a modification to the Reservation, this fuel surcharge is likely to vary, the difference in price thus calculated will be reimbursed or paid to the Passenger or the Carrier.
4.2 TAXES ANS CHARGES
Any tax or charge imposed by government or other authority, or by the operator of an airport, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the published fares and charges and shall be payable by the passenger, except as otherwise provided in Carrier’s Regulations. These taxes and charges may be created after the Ticket Booking date. In this case, the Passenger must pay the corresponding amount. Conversely, if the taxes and charges are reduced or abolished, the Passenger may be refunded for the reduced or abolished amounts.
Fares and charges are payable in any currency acceptable to Carrier. When payment is made in a currency other than the currency in which the fare is published, such payment will be made at the rate of exchange established in accordance with Carrier’s Regulations.
Unless otherwise provided in Carrier’s Regulations, fares apply only to routings published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing prior to issue of the ticket. If no routing is specified, Carrier may determine the routing.
ARTICLE V – RESERVATIONS
5.1 RESERVATION REQUIREMENTS
5.1.1 Reservations are not confirmed until recorded as accepted by Carrier or its authorized Agent in the reservation system. The Carrier may provide confirmation of the Booking.
Reservations are confirmed only until the ticketing deadline announced by the Carrier or its Authorized Agent; if the ticket is not issued before that date, they are cancelled.
If a passenger has not paid for the ticket (or made credit arrangements with Carrier) prior to the specified ticketing time limit, Carrier may cancel the reservation.
5.2 TICKETING TIME LIMITS
The Carrier reserves the right, in the event of operational needs, to cancel a reservation before the scheduled issue deadline, without the Passenger being able, on this account, to claim a right to compensation.
5.3 TICKETS ISSUED
As provided in Carrier’s Regulations, certain fares may have conditions which limit or exclude the passenger’s right to change or cancel reservations.
5.4.1 Subject to governing law and regulations in the case of passengers with disabilities, Carrier does not guarantee to provide any particular seat in the aircraft and the Passenger agrees to accept any seat that may be allotted on the flight in the class of service for which the ticket has been issued. Reasonable seating accommodations will be made for passengers with disabilities.
Carrier will endeavor to honor advance seating requests. However, Carrier cannot guarantee any particular seat. Carrier reserves the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
Any seat reservation made by the Passenger with the chargeable option "à la carte seating" is subject to the sales conditions of the service "à la carte seating".
If a passenger’s seat is downgraded for any reason, Carrier will:
- provide the passenger with an appropriate refund of the difference in fares (or an appropriate credit of Air Tahiti Nui Tiare points in the event that the passenger travelling on Air Tahiti Nui Club Tiare Award), or
- carry the passenger on another of its scheduled passenger services on which space is available.
5.5 MEALS AND INFLIGHT ENTERTAINMENT
5.5.1 On services where a choice of menu/meal options is usually offered, Carrier does not guarantee that passenger’s first choice or preferred choice of meal will be available.
5.5.2 Carrier will endeavor to honor any request for a dietary or religious special meal made upon reservation, provided such special meal service is available on the flight.
5.5.3 Carrier is not liable for passenger’s loss, expense, or any other damage should Carrier, for any reason, be unable to supply a requested special meal.
5.5.4 Carrier is not liable for any damages claimed by passenger should its inflight entertainment system not be operational.
Article 6 - Frais de service pour espace non occupé
Des frais de service, conformément à la réglementation du transporteur, peuvent être dus par un passager qui n'utilise pas l'espace pour lequel une réservation a été faite.
5.6 SERVICE CHARGE WHEN SPACE NOT OCCUPIED
A service charge, in accordance with Carrier’s Regulations, may be payable by a passenger who fails to use space for which a reservation has been made.
5.7 CONFIRMATION OF RESERVATIONS
Onward or return reservations may be subject to the requirement to confirm the reservation in accordance with and within the time limits specified in Carrier’s Regulations. Failure to comply with any such requirement may result in cancellation of any onward or return reservations.
5.8 CANCELLATION OF ONWARD RESERVATIONS MADE BY CARRIER
If a passenger does not use a reservation and fails to advise Carrier, Carrier may cancel or request cancellation of any onward or return reservations. Except if the Passenger has informed the Carrier in advance and in compliance with the fare conditions (see, in particular, Article 3.3 "COUPON SEQUENCE").
ARTICLE VI - CHECK-IN/BOARDING
The passenger shall arrive at Carrier’s check-in location and boarding gate sufficiently in advance of flight departure to permit completion of any Government formalities and departure procedures and in any event not later than 60 minutes prior to the scheduled departure of the flight.
If the passenger fails to arrive in time at Carrier’s check-in location or boarding gate or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for the passenger and will not delay the flight.
Passengers must be present at the boarding gate prior to the boarding time specified on their boarding pass. The Carrier may cancel a Passenger’s Booking if the Passenger is not present at the boarding gate at the latest by the boarding time specified to the Passenger, without any liability to the Passenger.
Carrier is not liable to the passenger for loss or expense due to the passenger’s failure to comply with the provisions of this Article.
ARTICLE VII - REFUSAL AND LIMITATION OF CARRIAGE
7.1 RIGHT TO REFUSE CARRIAGE
7.1.1 At any boarding and/or connection point, Carrier may refuse carriage of any passenger or passenger’s baggage without liability on its part for reasons of safety or if such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over; or
18.104.22.168 If carrying passenger or passenger’s baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger.
22.214.171.124 If carrying passenger or passenger’s baggage may affect the comfort of any person in the aircraft.
126.96.36.199 If passenger is, or the Carrier reasonably believes passenger is, under the influence of alcohol or drugs.
188.8.131.52 If passenger is, or the Carrier reasonably believes passenger is, in possession of unlawful drugs.
184.108.40.206 If passenger’s mental or physical state or health is a danger or risk to passenger, the aircraft or any person in it.
220.127.116.11 Carrier may decide to refuse to carry passenger or passenger’s baggage if one or more of the following has happened or the carrier reasonably believes it may happen.
18.104.22.168 The Carrier has informed the Passenger in writing that it could not transport him again. In this case, a refund of the Ticket may be granted.
22.214.171.124 If passenger has refused to submit to a security check of passenger or passenger’s baggage.
126.96.36.199 If passenger has not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security.
188.8.131.52 If passenger has behaved in a threatening, abusive, insulting or disorderly way towards a member of our ground staff or another passenger or a member of the crew of the aircraft.
184.108.40.206 If passenger has deliberately interfered with a member of the crew of the aircraft carrying out their duties.
220.127.116.11 If passenger has put the safety of either the aircraft or any person in it in danger.
18.104.22.168 If passenger has made a hoax bomb or other security threat.
22.214.171.124 If passenger has committed a criminal offence during the check-in or boarding processes or on board the aircraft.
7.1.3 Carrier may deny boarding if the applicable fare or any charges or taxes payable have not been paid, or credit arrangements agreed between Carrier and the passenger (or the person paying for the ticket) have not been complied with; or
7.1.4 Carrier may deny boarding if the passenger does not appear to be properly documented, or if the passenger destroys his or her documentation during flight, or if the passenger will not surrender travel documents to be held by the flight crew, against receipt, when so requested by the Carrier; or
7.1.5 Carrier may deny boarding if the ticket:
126.96.36.199 Has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its authorized Agent, or
188.8.131.52 Has been reported as being lost or stolen, or
184.108.40.206 Is a counterfeit ticket, or
220.127.116.11 Carrier may deny boarding if any flight or electronic coupon has been altered by anyone other than Carrier or its authorized Agent, or in the case of a flight coupon, has been mutilated, and Carrier reserves the right to retain such ticket, or
7.1.6 Carrier may deny boarding if the person presenting the ticket cannot prove that he or she is the person named in the ticket. The Carrier reserves the right to retain such paper ticket.
7.1.7 Carrier may deny boarding if the passenger has not used in the sequential order the Flight Coupons.
7.1.8 The Passenger requests during check-in or boarding, special assistance not requested at the time of booking the trip, for reasons relating to safety requirements or if the dimensions of the aircraft make it physically impossible to board or transport the disabled passenger, excluding people with disabilities.
7.1.9 The Passenger has not observed the instructions and regulations concerning security or safety.
7.1.10 In the cases provided in articles 7.1.4 and 7.1.6 above, the Carrier reserves the right to retain the Passenger's Ticket.
7.1.11 In addition to the specific provisions above and subject to applicable government regulations, Carrier may deny boarding if the conduct, age, or mental or physical state of the passenger is such as to:
- Require special assistance of Carrier with the exception that reasonable accommodations will be made for passengers with disabilities, or
- Cause discomfort or make himself or herself objectionable to other passengers, or
- Involve any hazard or risk to himself or herself or to other persons or to property;
- Would require specific medical care or procedures during the flight and would not be assisted by a dedicated medical attendant,
- Needs a responsible person to assist with toileting and/or eating, and is traveling alone, or
- In relation to travel in economy only, require the use of an additional seat if the passenger fails to meet the following cumulative conditions:
- You must be able to stay seated safely with the seat armrest(s) down for the whole flight.
- You must not significantly encroach upon the adjacent seating space
- You must be able to properly attach, buckle and wear the seat belt, with one extension, if necessary, whenever the seatbelt sign is illuminated or as instructed by a crew member (regardless of the actual additional length the extension provides).
- You must be able, in the event of an emergency evacuation, to grab and position his/her oxygen mask correctly, to put on and adjust his/her life jacket, and to proceed with his/her own evacuation on the crew's instructions.
The passenger must be able to perform these last two conditions alone. If he is unable to perform these actions alone, he must be accompanied by a person having the role of safety assistant, sitting in an adjacent seat, who will perform these actions for him.
7.2 SPECIAL ASSISTANCE
- Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women or persons with illness may be subject to prior arrangement with Carrier, in accordance with Carrier’s Regulations. Passengers with disabilities who have advised the Carrier of any special requirements that they have at the time of ticketing, and have been accepted by the Carrier, shall not subsequently be refused carriage on the basis of such disability or special requirements, but the Carrier’s Regulations or government regulations may apply to the transportation of such passengers. Subject to any applicable laws, the Carrier may, at its discretion, levy a charge for the provision of these services. All or some of the requirements of this point may not apply to passengers with disabilities travelling to or from the United States or to or from Europe.
- If a Passenger has a medical history, it is recommended that the Passenger consult a doctor before taking a flight, particularly a long-haul flight, and take all necessary precautions.
ARTICLE VIII – BAGGAGES
8.1 FREE BAGGAGE ALLOWANCE
Passengers may carry free of charge baggage as specified and subject to the conditions and limitations in Carrier’s Regulations which are available from Carrier’s Authorized Agents or at Carrier’s airport or sales offices.
Depending on the destination/planned route, the quantity of Baggages can be limited by weight and/or dimensions and/or number. Information is available from the Carrier and its Authorized Agents.
8.2 EXCESS BAGGAGE
A passenger shall pay a charge for the carriage of baggage in excess of the free baggage allowance at the rate and in the manner provided in Carrier’s Regulations. These rates are available from the Carrier upon request and are available at Carrier’s airport and sales offices.
8.3 EXCESS VALUE DECLARATION AND CHARGE
8.3.1 If, in accordance with Carrier’s Regulations, Carrier offers an excess valuation facility, a passenger may declare a value for checked baggage in excess of the applicable liability limits. If the passenger makes such a declaration the passenger shall pay any applicable charges.
8.3.2 Carrier will refuse to accept an excess value declaration on checked baggage when a portion of the carriage is to be provided by another Carrier, which does not offer the facility.
8.4 ITEMS UNACCEPTABLE AS BAGGAGE
8.4.1 The passenger shall not include in his or her baggage:
18.104.22.168 items that do not constitute baggage as defined in Article 1 hereof:
22.214.171.124 items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in Carrier’s Regulations (further information is available from Carrier on request);
126.96.36.199 items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over;
188.8.131.52 items, which in the opinion of Carrier are unsuitable for carriage by reason of their weight, size or character, such as fragile or perishable items;
184.108.40.206 live animals, except as provided for in 8.10.
8.4.2 Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as baggage. Firearms and ammunition for hunting and sporting purposes may be accepted as checked baggage in accordance with Carrier’s Regulations. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 220.127.116.11.
8.4.3 Weapons such as antique firearms, swords, knives and similar items may be accepted as checked baggage, in accordance with Carrier’s Regulations, but will not be permitted in the cabin.
8.4.4 If any items referred to in 8.1.1 and 8.1.2 are carried, whether or not they are prohibited from carriage as baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of baggage.
The Carrier shall not be liable for Damage suffered by a Passenger’s Baggage where said Damage results from the nature of or an inherent defect in said Baggage.
8.5 RIGHT TO REFUSE CARRIAGE
8.5.1 Carrier may refuse carriage as baggage of such items described in 8.4 as are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery thereof.
8.5.2 Carrier may refuse to carry as baggage any item because of its size, shape, weight or character, subject to any governing law or regulations.
8.5.3 Unless advance arrangements for its carriage have been made with Carrier, Carrier may carry on later flights baggage, which is in excess of the applicable free allowance.
8.5.4 Carrier may refuse to accept baggage as checked baggage unless it is properly packed in suitcases or other suitable containers to ensure safe carriage with ordinary care in handling.
8.6 RIGHT OF SEARCH
For reasons of safety and security, Carrier may request the passenger to permit a search to be made of his or her person and his or her baggage, and may search or have searched the passenger’s baggage in his or her absence if the passenger is not available, for the purpose of determining whether he or she is in possession of or whether his or her baggage contains any item described in 8.4.1 or any arms or munitions which have not been presented to Carrier in accordance with 8.4.2. If the passenger is unwilling to comply with such request Carrier may refuse to carry the passenger or baggage.
8.7 CHECKED BAGGAGE
8.7.1 Upon delivery to Carrier of baggage to be checked, Carrier shall take custody thereof and issue a baggage identification tag for each piece of checked baggage.
If baggage has no name, initials or other personal identification, the passenger shall affix such identification to the baggage prior to acceptance.
Checked baggage will be carried on the same aircraft as the passenger unless Carrier decides that this is impracticable, in which case Carrier will carry the checked baggage on Carrier’s next flight on which space is available.
Checked Baggage Allowances*
Passengers (except Infants) are allowed the following baggage:
Piece Allowance Weight
First and Business Class: 2 pieces 70 lbs
Economy: 1 piece 50 lbs
Total dimensions of baggage must not exceed 62 inches. Total dimensions are measured by adding together the height, width and depth of the bag.
Infants: collapsible stroller or pushchair and one piece with a maximum weight of 22lbs (10kgs).
Carrier reserves the right to refuse to carry as baggage any bag weighing in excess of 70 lbs.
* Between 0 and 1 Baggage, as well as for non-general allowance Baggage, you must refer to the Ticket.
8.8 UNCHECKED BAGGAGE
Baggage that the passenger carries on to the aircraft must fit under the seat in front of the passenger or in an enclosed storage compartment in the cabin. Items determined by Carrier to be of excessive weight or size will not be permitted in the cabin.
Objects not suitable for transport in the cargo compartment (such as delicate musical instruments and the like) will only be accepted for transportation in the cabin compartment if due notice has been given in advance and permission granted by Carrier. The transport of such objects may be charged for separately.
Carrier is not liable for any loss passenger may suffer caused as a result of leaving cabin baggage or any personal belongings on an aircraft when the passenger disembarks or if the passenger leaves any belongings in the airport terminal lounge.
Carry On Baggage Allowance*
Passengers are allowed the following baggage:
Piece Allowance Weight
One piece 45 inches maximum
22 lbs maximum or 26 lbs maximum (business class)
One personal item 6 lbs maximum
* Between 0 and 1 Baggage, as well as for non-general allowance Baggage, you must refer to the Ticket.
8.9 COLLECTIONS AND DELIVERY OF BAGGAGE
8.9.1 The passenger shall collect his or her baggage as soon as it is available for collection at places of destination or stopover. Should baggage not be claimed within three (3) months from the time it is made available, Carrier may dispose of it without any liability.
8.9.2 Only the bearer of the baggage check and identification tag, delivered to the passenger at the time the baggage was checked, is entitled to delivery of baggage. Failure to exhibit the baggage identification tag shall not prevent delivery provided the baggage check is produced and the baggage is identified by other means.
8.9.3 If a person claiming the baggage is unable to produce the baggage check and identify the baggage by means of a baggage (identification) tag, Carrier will deliver the baggage to such person only on condition that he or she establishes to Carrier’s satisfaction his or her right thereto, and if required by Carrier, such person shall furnish adequate security to indemnify Carrier for any loss, damage or expense which may be incurred by Carrier as a result of such delivery.
8.9.4 Acceptance of baggage by the bearer of the baggage check without complaint at the time of delivery is prima facie evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.
8.9.5 If a passenger picks up the wrong bag or other baggage from the baggage carousel, it is the passenger’s responsibility immediately to return the bag or baggage at his own cost to the baggage claims officer or airport manager at the airport where the passenger collected it.
8.9.6 In the case of a delay in receiving checked-in luggage from the Carrier, when the passenger is away from his country of domicile, the Carrier will reimburse the passenger for the purchase of necessary items and clothing a.k.a. "first necessities" while waiting for delayed luggage. The amount of such reimbursement shall be determined by the Carrier in accordance with its local station rules.
The carriage of Pets travelling with Passengers is subject to the Carrier's prior and explicit acceptance.
8.10.1 Animals such as dogs, cats, household birds and other pets, when properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit will, with the advance agreement of Carrier, be accepted for carriage, subject to Government and Carrier’s Regulations.
8.10.2 If accepted as baggage, the animal, together with its container and food carried, shall not be included in the free baggage allowance of the passenger but constitute excess baggage, for which the passenger shall pay the applicable rate.
8.10.3 Guide dogs or other service animals accompanying disabled passengers together with containers and food, will be carried free of charge in addition to the normal free baggage allowance, subject to Government and Carrier’s Regulations.
8.10.4 Acceptance for carriage of animals is subject to the condition that the passenger assumes full responsibility for such animal. Carrier shall not be liable for injury to or loss, delay, sickness or death of such animal in the event that it is refused entry into or passage through any country, state or territory.
ARTICLE IX - SCHEDULES, DELAYS, CANCELLATIONS OF FLIGHT
Carrier undertakes to use its best efforts to carry the passenger and his or her baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute carriers or aircraft and may alter or omit stopping places shown on the ticket in the case of necessity. Schedules are subject to change without notice. Carrier accepts no responsibility or liability for any claimed losses due to a schedule change or delay.
The passenger can be contacted, if the Carrier has contact details, in the event of a change in the planned schedules.
However, in the event of a change in the planned schedule, which would not suit the Passenger and/or if the Carrier is unable to offer a more suitable Reservation, the Passenger may benefit from a refund as indicated in article 10.2.
9.2 CANCELLATION, CHANGES OF SCHEDULE, ETC.
The Carrier will take all steps required to carry the Passenger and their Baggage without delay.
In the event of a flight cancellation or delay, and if the Passenger has a single Contract of Carriage (as defined by the Convention), the Carrier will implement all the provisions of the relevant applicable regulations.
If due to circumstances beyond its control Carrier cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a passenger’s stopover or destination point, or causes the passenger to miss a connecting flight on which the passenger holds a reservation, Carrier shall, at the passenger’s option, either:
9.2.1 carry the passenger on another of its scheduled passenger services on which space is available; or
9.2.2 re-route the passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or may be led to offer the Passenger carriage the scheduled services of another carrier, or by means of surface transportation. If the sum of the fare, excess baggage charge and any applicable service charge for the revised routing is higher than the refund value of the ticket or applicable portion thereof, Carrier shall require no additional fare or charge from the passenger, and shall refund the difference if the fare and charges for the revised routing are lower; or
9.2.3 make a refund in accordance with the provisions of Article 10; and shall be under no further liability to the passenger.
If Carrier is unable to provide previously confirmed space, Carrier shall provide compensation pursuant to its denied boarding compensation policy and applicable law.
Except in the case of its acts or omissions done with intent to cause damage or recklessly and with knowledge that damage would probably result, Carrier shall not be liable for errors or omissions in timetables or other published schedules, or for representations made by employees, agents, or representatives of Carrier.
ARTICLE X – REFUNDS
On failure by Carrier to provide carriage in accordance with the contract of carriage, or where a passenger requests a voluntary change of his or her arrangements, refund for an unused ticket or portion thereof shall be made by Carrier in accordance with this Article and with Carrier’s Regulations:
10.1.1 Except as hereinafter provided in this Article, Carrier shall be entitled to make refund either to the person named in the ticket, or to the person who has paid for the ticket upon presentation of satisfactory proof.
10.1.2 If a person other than the passenger named in the ticket has paid for the ticket, and Carrier has indicated on the ticket that there is a restriction on refund, Carrier shall make a refund only to the person paying for the ticket or to that person’s order.
10.1.3 Except in the case of lost tickets, refunds will only be made on surrender to Carrier of the passenger coupon or passenger receipt and surrender of all unused flight coupons.
10.1.4 A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself or herself out as a person to whom refund may be made in terms of 10.1.1 or 10.1.2 shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund.
10.2 INVOLUNTARY REFUNDS
If Carrier cancels a flight, fails to operate a flight reasonably according to schedule, fails to stop at a point to which the passenger is destined or ticketed to stop over, or is unable to provide previously confirmed space, the amount of the refund shall be:
10.2.1 if no portion of the ticket has been used, an amount equal to the fare and charges paid;
10.2.2 if a portion of the ticket has been used, in addition to taxes or other fees collected, the refund will be the higher of:
10.2.2.1 the one-way fare (less applicable discounts and charges) from point of interruption to destination or point of next stopover, or
10.2.2.2 the difference between the fare paid and the fare for the transportation used.
10.3 VOLUNTARY REFUNDS
If the passenger wishes a refund of his or her ticket for reasons other than those set out in Paragraphs of this Article, the amount of the refund shall be subject to the rules of the airfare purchased. Subject to those rules, the following conditions will apply:
10.3.1 if no portion of the ticket has been used, an amount equal to the fare and charges paid, less any applicable service charges or cancellation fees as contained in the Carrier’s regulations;
10.3.2 if a portion of the ticket has been used, the refund will be an amount equal to the difference between the fare and charges paid and the applicable fare and charges for travel between the points for which the ticket has been used, less any applicable service charges or cancellation fees.
10.4 RIGHT TO REFUSE REFUND
10.4.1 After the expiry of the validity of the ticket, Carrier may refuse refund when application therefore is made later than the time prescribed in Carrier’s Regulations.
10.4.2 Carrier may refuse refund on a ticket which has been presented to Carrier or to Government officials of a country as evidence of intention to depart therefrom, unless the passenger establishes to the Carrier’s satisfaction that he or she has permission to remain in the country or that he or she will depart therefrom by another carrier or another means of transport.
10.4.3 The Carrier may refuse any refund:
- if the Passenger has not been admitted by the destination or transit authorities on the scheduled route, and if the Passenger was returned to their boarding point or to any other destination for this reason.
- if the Ticket is stolen, forged or counterfeit.
- of a Ticket, in a different currency from that in which payment was made.
- of a "non-refundable" Ticket.
10.4.4 The Carrier may refuse any refund for date change fee, cancellation fee or the purchase price of a new ticket on a connecting airline if the original ticket of the connecting airline was (a) not purchased and written as a "through fare" on one conjunction ticket using one airfare, (b) not shown on the same Passenger name record (PNR) as the Carrier’s flight, and (c) not booked as one continuous reservation.
All refunds will be subject to Government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the currency in which the ticket was paid for, but may be made in another currency in accordance with Carrier’s Regulations.
10.6 BY WHOM TICKET REFUNDABLE
Voluntary refunds will be made only by the Carrier which originally issued the ticket or by its Agent if so authorized.
ARTICLE XI - CONDUCT ABOARD AIRCRAFT
The Carrier reserves the right to assess the behavior of a Passenger in a reasonable way, if he causes discomfort, inconvenience, threaten or endanger one or more persons, property or the aircraft itself.
In this respect, Passengers must not hinder the crew from performing their duties and must comply with the crew’s guidance, instructions and recommendations in order to ensure the security and safety of the aircraft, the smooth running of the flight and the comfort of the Passengers.
On board the aircraft, Passengers must not behave in a way, due to the consumption of alcohol, drugs or any other substance, that is liable to discomfort, inconvenience, threaten or endanger one or more persons, property or the aircraft itself.
Smoking is strictly prohibited on board aircraft.
Passengers who, for medical reasons, must use a syringe on board the aircraft are requested to notify the crew members as soon as they board.
A container will be made available to them to safely dispose of used syringes. Under no circumstances should this type of medical equipment be flushed down the toilet or placed in the pockets located on the seats of the device.
The same precaution must be taken with regard to all medical equipment (compresses, etc.) which may be soiled by blood or medical products.
If the Passenger behaves as described in the previous paragraphs, the Carrier may be required to take the measures it deems appropriate and reasonably necessary in this situation, to prevent such behavior from continuing. To this end, the Carrier may resort to coercive measures and/or disembarkation of the Passenger at any time during the flight.
11.2 ELECTRONIC DEVICES
The passenger may not operate aboard the aircraft portable radios, electronic games or transmitting devices including radio-controlled toys and walkie-talkies. The passenger shall not operate any other electronic devices on board without Carrier’s permission, except that portable recorders, hearing aids and heart pacemakers may be used. The passenger shall at all times adhere to all applicable government security regulations.
ARTICLE XII - ARRANGEMENTS BY CARRIER
If in the course of concluding the contract of carriage by air, Carrier also agrees to make arrangements for the provision of additional services, Carrier shall have no liability to the passenger arising from such arrangements.
If the Carrier provides ground carriage services (bus, train, etc...), different liability systems apply to said ground carriage. The Conditions of Carriage and the liability systems are available from the Carrier or from the Carrier providing the ground carriage, on request.
If the Carrier offers the Passenger rail transport services, it only acts as agent even if such transport is identified under the Carrier's Designation Code.
The Air Carrier is not liable for damage to Passengers and their Baggage during carriage by rail.
However, the Carrier may not be held liable in the event of Force Majeure, for reasons beyond the control of the Carrier or if security and safety requirements do not allow it to provide the appropriate services even if these have been confirmed at the time of Booking.
ARTICLE XIII - ADMINISTRATIVE FORMALITIES
The passenger shall be solely responsible for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or over, and with Carrier’s Regulations and instructions. Carrier shall not be liable for any aid or information given by any agent or employee of Carrier to any passenger in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, and requirements, whether given in writing or otherwise; or for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
13.2 TRAVEL DOCUMENTS
The passenger shall present all exit, entry, health and other documents required by laws, regulations, orders, demands or requirements of the countries concerned, and permit Carrier to take and retain copies thereof.
Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or requirements or whose documents do not appear to be in order, or who does not permit Carrier to take and retain copies thereof.
The Carrier may not be held liable for the consequences (in particular losses or expenses) suffered by Passengers who fail to comply with the applicable regulations.
13.3 REFUSAL OF ENTRY
The passenger agrees to pay the applicable fare whenever Carrier, on Government order, is required to return a passenger to his or her point of origin or elsewhere, owing to the passenger’s inadmissibility into a country whether of transit or of destination. Carrier may apply to the payment of such fare any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Carrier.
13.4 PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
If Carrier is required to pay or deposit any fine or penalty or to incur any expenditure by reason of the passenger’s failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse to Carrier any amount so paid or deposited and any expenditure so incurred. Carrier may use towards such expenditure any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier.
13.5 CUSTOMS INSPECTION
If required, the passenger shall attend inspection of his baggage, checked or unchecked, by customs or other Government officials. Carrier is not liable to the passenger for any loss or damage suffered by the passenger through failure to comply with this requirement.
Passengers must compensate the Carrier if an act, omission or negligence on their part causes damage to the Carrier due, in particular, to their failure to comply with the provisions of this article or the authorization given to the Carrier to inspect their Baggage*2.
2This provision has been added to take into account any penalties that the Carrier must pay to the customs inspection, when the Baggage in question contains objects which are prohibited from being transported or if the Passenger is not present.
13.6 SECURITY INSPECTION
The passenger shall submit to any security checks by Government or airport officials or by Carrier.
The Carrier may not be held liable for refusing to carry a Passenger, in particular in the event that such a refusal is based on the profound conviction that said refusal is warranted by the applicable law, regulations and/or requirements.
ARTICLE XIV - SUCCESSIVE CARRIERS
Carriage to be performed by several successive Carriers under one ticket, or under a ticket and any conjunction ticket issued in connection therewith, is regarded as a single operation.
The provisions that cover this situation are set forth in point (1) of article 15.1.
The Carrier shall only be liable for the portion of the Carriage performed using its own resources even if the Carrier has issued the Ticket or is the Carrier designated first on the Ticket or on a Conjunction Ticket issued for successive Carriage.
In the event of the destruction, loss, damage or delay of their Baggage, Passengers or their beneficiaries may file a claim against the Carrier that performed the carriage during which the accident or the delay occurred. Passengers may also file a claim against the first and last carrier.
ARTICLE XV - LIABILITY FOR DAMAGE
15.1 General Provisions
To the extent not in conflict with the foregoing and whether or not the Convention applies:
15.1.1 Carrier is liable only for damage occurring on its own line. A Carrier issuing a ticket or checking baggage over the lines of another Carrier does so only as agent for such other Carrier. Nevertheless, with respect to checked baggage the passenger shall also have a right of action against the first or last Carrier;
15.1.2 Carrier’s liability shall not exceed the amount of proven damages. Carrier shall furthermore not be liable for indirect or consequential damages;
15.1.3 Carrier is not liable for any damage arising from its compliance with any laws or Government regulations, orders or requirements, or from failure of the passenger to comply with the same, nor is it liable for normal wear and tear caused during carriage.
15.1.4 Carrier is not liable for damage to unchecked baggage unless such damage is caused by the negligence of Carrier. If there has been contributory negligence on the part of the Passenger, Carrier’s liability shall be subject to the applicable law relating to contributory negligence;
15.1.5 if a Passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, Carrier shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition;
15.1.6 any exclusion, limitation of liability or defense of the Carrier to claimed liability shall apply to and be for the benefit of Carrier’s Authorized Agents, it’s official and agents, in carrying out their duties, its representatives and the owner of the aircraft used by the Carrier, as well as the said owner´s staff, employees and representatives. The aggregate amount recoverable from Carrier and from such agents, employees, representatives and person shall not exceed the amount of Carrier’s limit of liability.
15.1.7 Carrier is not liable for injury to a passenger or for damage to a passenger’s baggage caused by property contained in such passenger’s baggage. Any passenger whose property causes injury to another person or damage to another person’s property or to the property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof;
15.1.8 Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of Carrier under the Convention or applicable laws.
15.2 Provisions Applicable to International Flights
- Bodily Injury :
If your journey has a destination or stop in another country other than the one from which you depart, a treaty known as the Warsaw Convention or the Montreal Convention may govern the liability of all airlines involved in your journey and may limit the amount of damages that can be recovered for your death or injury. However, many airlines have voluntarily agreed to waive those limits (in whole or in part).
15.2.1 The Carrier will not rely on the limitation in Article 22 (1) of the Warsaw Convention or the Warsaw Convention as amended at The Hague for any claim for recoverable compensatory damages arising under Article 17 of that Convention.
15.2.2 The Carrier will not rely on any defense under Article 20 (1) of the Warsaw Convention.
15.2.3 Except as otherwise provided in paragraphs 15.1.1 and 15.1.2 hereof, the Carrier reserves all defenses available under the Convention to such claims.
15.2.4 the liability of Carrier with respect to each passenger for death, wounding or other bodily injury shall be limited to the sum of 128 821 SDRs proven damages, provided that if in accordance with applicable law a different limit of liability is applicable such different limit shall apply,
Amount of compensable Damage :
- The extent of the Carrier’s liability in the event of the death or bodily injury of a Passenger, pursuant to paragraph 15.2 above, is not subject to any limitation. The amount of compensable Damage shall cover redress of the Damage, as determined by amicable agreement, expert appraisal or the competent courts.
- Within the scope of these provisions, the Carrier shall only compensate Passengers in excess of the amounts received thereby under the social security system to which they are affiliated and solely for compensatory Damage.
- The Carrier reserves all rights of recourse and subrogation against all third parties.
15.2.5 In addition, in cases of death or bodily injury, if required by law, the Carrier will make advance payments to the person entitled to compensation, if required, to meet immediate economic needs, in proportion to the hardship suffered. The amount being advanced will be limited to the amount in the applicable treaty.
15.2.6 The payment of such an advance is not an acceptance of our liability and will be deducted from any additional liability we are required to pay, as applicable. If it is subsequently proven that you caused or contributed to your own death or injury through your own actions or negligence, or if your death was caused or contributed to by an existing sickness or impairment, you will have to return the advance payment to us. The advance payment will also have to be returned if its recipient caused or contributed to the death or injury through negligence, or is not entitled to compensatory damages.
with respect to delay, Carrier shall be under no liability except as provided in these Conditions of Carriage.
Characteristics of compensable Damage:
- Solely proven direct Damage that directly results from a delay is compensable, to the exclusion of all consequential Damage or any other form of Damage other than compensatory Damage.
- The Passenger must prove the existence of Damage resulting directly from the delay.
Extent of the Carrier’s liability:
- The Carrier shall not be liable for Damage resulting from a delay if it proves that it, its officials or agents took all the measures that could reasonably be required to prevent the Damage or that it was impossible for it to take such measures.
- The Carrier is not liable for the Damage resulting from a delay, if the delay is attributable to the Passenger or if the Passenger contributed thereto, i.e. if the Damage results in whole or in part from negligence, or a wrongful act or omission on the part of the person who is claiming compensation or of the person whose rights they hold.
Extent of Compensation:
- In the event of Damage suffered by Passengers resulting from a delay, as defined by the Montreal Convention, and with the exception of acts or omissions on the part of the Carrier or the latter´s officials committed with the intention of causing Damage or imprudently and with an awareness that Damage could be caused, the Carrier’s liability is limited to the amount of 5346 SDR per Passenger. The amount of compensation shall be determined in light of the Damage proved by the Passenger.
- In the event of Damage resulting from a delay in the delivery of Checked Baggage, and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could be caused, the Carrier’s liability is limited to the amount of 1288 SDR per Passenger. Lump-sum compensation (intended to cover the costs of immediate requirements) may be granted to Passengers.
- In accordance with Article 17 of the Montreal Convention, the Carrier is liable for Damage suffered due to the destruction, loss or damage of Checked Baggage, if the incident that caused the Damage occurred on board the aircraft or during any period during which the Carrier had custody of the Checked Baggage.
Exclusions of the Carrier’s liability:
- Carrier is not liable for injury to a passenger or for damage to a passenger’s baggage caused by property contained in such passenger’s baggage. Any passenger whose property causes injury to another person or damage to another person’s property or to the property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof;
- The Carrier shall not assume any specific liability, other than that provided for in point 3 below, for any Damage and/or loss caused to fragile, perishable or items that are not adequately packed, as specified in Article 8.4, unless the Passenger has made a Special Declaration of Interest as provided for in Article 8.3. and has paid the corresponding surcharge.
- The Carrier shall not be liable for Damage caused in whole or in part to Baggage, due to negligence, or a wrongful act or omission on the part of the person who is claiming compensation, or the person whose rights they hold.
Amount of Compensable Damage:
- For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could result therefrom, the Carrier’s liability in the event of Damage shall be limited to 1288 SDR per Passenger.
- For Unchecked Baggage allowed on board, the Carrier may only be held liable in the event of proven fault on the part of the Carrier, its officials or agents. In this case, said liability shall be limited to 1288 SDR per Passenger.
ARTICLE XVI - TIME LIMITATION ON CLAIMS AND ACTIONS
16.1 NOTICE OF CLAIMS
The receipt of Checked Baggage without any complaint from the Passenger within the scheduled timeframes shall constitute a presumption, unless the Passenger provides proof to the contrary, that the Baggage was delivered in a good condition and in accordance with the Contract of Carriage. All missing Baggage must imperatively be declared to the Carrier as soon as the flight arrives. Any declarations made subsequently may not be taken into account. In the same way, any item noted as missing from Baggage must imperatively be declared to the Carrier as soon as possible. Any late declarations may not be taken into account.
In the event of delay, damage or destruction of Baggage, no action shall lie in the case of damage to checked baggage unless the person entitled to delivery complains to Carrier forthwith after the discovery of the damage, and, at the latest, within seven (7) days from the date of receipt; and in the case of delay, unless the complaint is made at the latest within twenty-one (21) days from the date on which the baggage has been placed at his or her disposal. Every complaint must be made in writing and dispatched within the times aforesaid.
16.2 LIMITATION OF ACTIONS
Any right to damages shall be extinguished if an action is not brought within two (2) years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seized of the case.
All the claims or actions mentioned in articles 16.1 and 16.2 above must be made in writing, within the time limits specified.
ARTICLE XVII - MODIFICATION AND WAIVER
No Agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions of Carriage.
ARTICLE XVIII – PERSONAL DATA
The passenger recognizes that personal data has been given to Carrier for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government agencies. For these purposes the passenger authorizes Carrier to retain such data and to transmit it to its own offices, other carriers or the providers of such services, in whatever country they may be located. The passenger authorizes the release of personal information when required by government authorities.
You can exercise your rights, at any time, subject to proving your identity, and contact the Data Protection Officer by sending an email to the address firstname.lastname@example.org or by mail to the address “AIR TAHITI NUI – DPO, BP 60044, 98702 PAPEETE, TAHITI, FRENCH POLYNESIA”.