General Conditions of Transport

WHAT YOU SHOULD KNOW

During a reservation of a flight ticket, at any point of sale, you accept the General Conditions of Transport below. Take time to be held informed, and contact our reservation services in case of additional question.

Article I: Definitions

VOLUNTARY STOP

Means a deliberate interruption of the journey by the passenger, at a point between the place of departure and the place of destination, which has been agreed to in advance by Carrier.

AUTHORIZED AGENT

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.

BAGGAGES

Means such articles, effects and other personal property of a passenger as are necessary or appropriate for his wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it includes both checked and unchecked baggage of the passenger.

CHECKED BAGGAGE

Means baggage of which Carrier takes sole custody and for which Carrier has issued a baggage check.

UNCHECKED BAGGAGE

Means any baggage of the passenger other than checked baggage. These baggages remain under the responsibility of the passenger.

TICKET

Means the document entitled "Passenger Ticket and Baggage Check” issued by or on behalf of Carrier and includes the Conditions of Contract and notices and the flight and passenger coupons contained therein.

CONJUNCTION TICKET

Means a ticket issued to a passenger in conjunction with another ticket which together constitute a single contract of carriage.

BAGGAGE CHECK

Means those portions of the ticket, which relate to the carriage of the passenger's checked baggage.

CONVENTION

Means whichever of the following instruments is applicable to the contract of carriage:

 

  • 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).

 

  • The Warsaw Convention as amended at the Haye on 28 September 1955.

 

  • The complementary Warsaw Convention as amended at the Guadalajara on 18 September 1961.

 

  • The Protocol of Montreal n° 1,2 and 4 (1975).

 

  • European Regulation 2027/37 of 17th October 1997

FLIGHT COUPON

Means that portion of the ticket that bears the notation "good for passage" and indicates the particular places between which passenger is entitled to be carried.

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.

DAMAGE

Includes death, injury, delay, loss, partial loss 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)

The SDR (Special Drawing Right) is the unit of account of the International Monetary Fund. Its value in a given currency is calculated periodically by taking the five USD, EUR, JPY and GBP inter-bank rate equivalents of that currency, each of which is weighted by a coefficient as follows : USD 1.40; EUR 1.25; JPY 144.24; GBP 1.05, and the total of the five amounts thus obtained is 1 SDR (02/09/2016).

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.

DAYS

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.

PASSENGER

Means any person. Except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.

CARRIER'S REGULATIONS

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 applicable tariffs in force.

CARRIER

Includes the air carrier issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his baggage hereunder.

Article II: Applicability

GENERAL

  1. Except as provided in Paragraphs 2. 3. 4. of this Article, these Conditions of Carriage apply to all carriage by air of passengers and baggage, performed by Carrier for reward.

 

  1. 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.

 

  1. These General Conditions of Carriage include the application by the Carrier of the European Regulation (CE) n° 2027, dated October 9th of 1997, which relates to the responsibility of the Carrier in case of accident

CHARTERS

If carriage is performed pursuant to a charter agreement, these Conditions apply only to the extent they are incorporated by reference by the terms of the charter agreement and the charter ticket.

OVERRIDING LAW

To the extent that any provision contained or referred to herein is contrary to anything contained in the Convention, where applicable and in 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.

CONDITIONS PREVAIL OVER REGULATIONS

Except as provided herein, in the event of the 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

REQUIREMENT FOR TICKET

  1. Ticket prima Facie evidence of contract the ticket constitutes prima facie evidence of the contract of carriage between Carrier and the passenger named on the ticket. Carrier will provide carriage only to the passenger holding such ticket, or holding, as proof of payment or part payment, any other document issued by Carrier of its Authorized Agent.

 

  1. The ticket is and remains at all times the property of the issuing Carrier. The conditions of contract contained in the ticket are a summary of some of the provisions of these conditions of carriage.

 

  1. A person shall not be entitled to be carried on a flight unless that person presents a ticket valid and duty 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.

 

  1. Loss, mutilation, etc. of ticket In case of loss or mutilation of a ticket, or part thereof, or non-presentation of a ticket containing the passenger coupon and all unused flight coupons, the issuing Carrier may at the passenger's request and subject to Carrier's Regulations, replace such ticket or part thereof by issuing a new ticket on receipt of proof satisfactory to Carrier that a ticket valid for the flights in question was duty issued.

 

  1. Ticket not transferable A ticket is not transferable, if a ticket is presented by someone other than the person entitled to be carried hereunder 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.

PERIOD OF VALIDITY

  1. In the respect of the Conditions mentioned with the fare paid, a ticket is valid for carriage for one year from the date of commencement of travel or if no portion of the ticket is used, from the date of issue thereof, except as otherwise provided in the ticket, these Conditions or Carrier's Regulations.

 

  1. Extension of validity. If a passenger is prevented from travelling within the period of validity of the ticket because Carrier : (i) cancels the flight on which the passenger holds a reservation : or (ii) omits a scheduled stop, being the passenger's place of departure, place of destination or a stopover, (iii) fails to operate a flight reasonably according to schedule : or (iv) causes the passenger to miss a connection : or (v) substitutes a different class of service : or (vi) 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.

 

  1. When a passenger holding a ticket 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.

 

  1. 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 produced 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 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.

 

  1. If the event of death of a passenger en route, 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 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 extension of validity shall be for a period no longer than 45 days from the date of the death.

FLIGHT COUPON SEQUENCE

  1. Carrier will honor flight coupons only in sequence from the place of departure as shown on the ticket.

 

  1. The ticket may not be valid and Carrier may not honor the passenger's ticket if the first flight coupon for international travel has not been used and the passenger commences his or her journey at any stopover or agreed stopping place.

 

  1. Each flight 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 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.

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.

Article IV: Travel documents

It is the passenger’s responsibility to comply with the requirements of the country to which he or she travels. Essentially, the passenger must possess a passport with the appropriate validity period, and obtain a visa if required. Information are available on the website below, which lists entry requirements by country.

Article V: Stopovers

Stopovers may be permitted at agreed stopping places subject to government requirements and Carrier's Regulations.

Article VI: Fares and charges

GENERAL

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 and town terminals, unless provided by Carrier without additional charge.

APPLICABLE FARES

Applicable fares 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 flights in effect on the date of commencement of the carriage covered by the first flight coupon of the ticket. 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.

ROUTING

Unless otherwise provided in Carrier's Regulations, fares apply only to routing published in connection therewith. If there is more than one routing at the same fare, the passenger may specify the routing prior to the issue of the ticket. If no routing is specified. Carrier may determine the routing.

TAXES AND CHARGES

Any tax or charges 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 of 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.

CURRENCY

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.

Article VII: Reservations

RESERVATION REQUIREMENTS

  1. Reservations are not confirmed until recorded as accepted by Carrier or its authorized Agent.
  2. As provided in Carrier's Regulation, certain fares may have conditions which limit or exclude the passenger's right to change or cancel reservations.

TICKETING TIME LIMITS

If a passenger has not paid for his ticket (or made credit arrangements with Carrier) prior to the specified ticketing time limit. Carrier may cancel the reservation.

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 and facilitating immigration and entry requirements. For these purposes the passenger authorizes Carrier to retain such data and to transmit it to its own offices, governmental authorities, other carriers or the providers of such services, in whatever country they may be located.

SEATING

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.

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.

RECONFIRMATION OF RESERVATIONS

Onward or return reservations may be subject to the requirement to reconfirm 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.

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.

Article VIII: Check in

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 the time that may be indicated by Carrier. If the passenger fails so 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 him and will not delay the flight. 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 IX: Refusal & limitation on carriage

RIGHT TO REFUSE CARRIAGE

The Carrier may refuse carriage of any passenger or passenger's baggage for safety reasons or if, in the exercise of its reasonable discretion, the Carrier determines that one or several of the following cases have occurred or could potentially occur:

  1. The right to deny carriage 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
  2. The conduct, or mental or physical state of the passenger including a state caused by alcohol consumption, or drugs or medicine intakes, is such that it: (i) requires special assistance of the Carrier not previously anticipated (ii) causes discomforts to other passengers, or is likely to raise complaints from other passengers, or (iii) involves any risk, to himself or herself, or to other persons, or to the crew, or to property: ; or (iv) the passenger has compromised the safety, the order and/or discipline at check-in, or in transit, during a previous flight, and the Carrier is likely to judge that such a conduct can occur once again; or 
  3. The right to deny carriage is necessary because the passenger has failed to observe the instructions of the Carrier: or
  4. The passenger has refused to submit to a security check: or
  5. The applicable fare or any charges or taxes payables 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
  6. The passenger does not appear to possess the appropriate documents: or
  7. The ticket presented by the passenger (i) has been acquired unlawfully or has been purchased from an entity other than the issuing Carrier or its authorized Agent: or (ii) has been reported as being lost or stolen: or (iii) is a counterfeit ticket: or (iv) any flight coupon has been altered by anyone other than Carrier or its authorized Agent, or has been garbled: In such cases, carrier reserves the right to retain such ticket.
  8. The person presenting the ticket cannot prove that he or she is the person named in the Name of Passenger box, and Carrier reserves the right to retain such tickets. 
  9. Aircalin may, in its discretion and without compensation, refuse ticket reservation or sale to any customer having brought safety breach of the flight or passengers on a previous flight.

LIMITATION ON CARRIAGE

Acceptance for carriage of unaccompanied children, disabled persons, pregnant women or persons with illness may be subject to prior arrangement with Carrier, in accordance with Carrier's Regulations.

Article X: Baggage

ITEMS UNACCEPTABLE AS BAGGAGE

  1. The passenger shall not include in his or her baggage: items, which do not constitute baggage as, defined in Article 1 hereof; (ii) items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the international Air Transport Association (IATA), and its Carrier's Regulations. (Further information is available from Carrier on request): (iii) items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from, to or over, or scheduled stopping places; (iv) 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; (v) live animals, except as provided for in Paragraph 10 of this Article.
  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 Dangerous Goods Regulations.
  3. The passenger shall not include in checked baggage perishable, fragile or valuable items, such as money, jewels, precious metals, silverware, luxury clothes or art crafts, photo/video cameras, optical apparatus, computer hardware, portable computers, household appliances, music instruments, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples, etc... 
  4. 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 permitted in the cabin.
  5. If any items referred to in Subparagraphs (a) or (b) of this Paragraph 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. 

RIGHT TO REFUSE CARRIAGE

  1. Carrier may refuse carriage as baggage of such items described in Paragraph 1 of this Article as are prohibited from carriage as baggage and may refuse further carriage of any such items on discovery thereof.
  2. Carrier may refuse to carry as baggage any item because of its size, shape, weight or character.
  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.
  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.

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 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 Paragraph 1(a) above or any arms or munitions which have not been presented to Carrier in accordance with Paragraph 1(b) above. If the passenger is unwilling to comply with such request Carrier may refuse to carry the passenger or baggage. If the search of the baggage has for consequence a damage for the passenger, it’s baggage or its content, the carrier will not be liable of such damages, except in case of willful misconduct or gross negligence.

CHECKED BAGGAGE

  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.
  2. If baggage has no name, initials or other personal identification, the passenger shall affix such personal identification to the baggage prior to acceptance.
  3. 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.

FREE BAGGAGE ALLOWANCE

Passengers may carry free of charge baggage as specified and subject to the conditions and limitations in Carrier's Regulations.

EXCESS BAGGAGE

The 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.

EXCESS VALUE DECLARATION AND CHARGE

  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.

 

  1. 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.

UNCHECKED BAGGAGE

  1. Baggage, which 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.
  2. 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.
  3. The passenger is responsible for his personal belongings and unchecked baggage which he keeps in the cabin and that in case of destruction, theft, loss or damage, the carrier can only be held liable if his I its attendants or its agents is are proved proven to be so by the passenger who invokes it, this liability being then limited to the amount of the only direct damage defined by the Convention.

COLLECTION AND DELIVERY OF BAGGAGE

  1. The passenger shall collect his or her baggage as soon as it is available for collection at places of destination or stopover.
  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.
  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 so such delivery.
  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.

ANIMALS

  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 Carrier's Regulations.
  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.
  3. Guide dogs, accompanying sight/hearing impaired and physically handicapped passengers together with containers and food, will be carried free of charge in addition to the normal free baggage allowance, subject to Carrier's Regulations.
  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 xi: schedules, cancellation of flights

SCHEDULES

Carrier undertakes to use its best efforts to carry the passenger and his baggage with reasonable dispatch and to adhere to published schedules in effect on the date of travel.

CANCELLATION AND CHANGES OF SCHEDULES

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 in the limits of a sole carriage, on which the passenger holds a reservation, Carrier shall either:

  1. Carry the passenger on another of its scheduled passenger services on which space is available; or
  2. Reroute the passenger to the destination indicated on the ticket or applicable portion thereof by its own scheduled services or 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
  3. Make a refund in accordance with the provisions of Article XI; and shall be under no further liability to the passenger.

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 of representations made by employees, agents or representatives of Carrier as to the dates or times of departure or arrival or as to the operation of any flight.

Article XII: Refunds

GENERAL

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.

PERSON TO WHOM REFUND WILL BE MADE

  1. Except as hereinafter provided in this Paragraph, 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.
  2. If a ticket has been paid for by a person other than the passenger named in 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.
  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.
  4. A refund made to anyone presenting the passenger coupon or passenger receipt and all unused flight coupons and holding himself out as a person to whom refund may be made in terms so sub-paragraphs (a) or (b) of this paragraph shall be deemed a proper refund and shall discharge Carrier from liability and any further claim for refund.

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, is unable to provide previously confirms space or causes the passenger to miss a connecting flight on which the passenger holds a reservation, the amount of the refund shall be: if no portion of the ticket has been used, an amount equal to the fare paid: (ii) if a portion of the ticket has been used, the refund will be the higher of (a) the one way fare (less applicable discounts and charges) from point of interruption to destination or point of next stopover, or of (b) the difference between the fare paid and the fare for the transportation used.

VOLUNTARY REFUNDS

If the passenger wishes and is in its right to ask for a refund of his or her ticket for reasons other than those set out in Paragraph 3 of this Article the amount of the refund shall be: if no portion of the ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees ; (ii) if a portion of the ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for the travel between the points for which the ticket has been used, less any applicable service charges or cancellation fees. 

REFUND OF LOST TICKET

If a ticket or portion thereof is lost, refund will be made in the limit of 12 months from the date of the loss, on proof or loss satisfactory to Carrier and upon payment of any applicable service charge, on condition: that the lost ticket, or portion thereof, has not been used, previously refunded or replaced, and (ii) that the person to whom the refund is made undertakes, in such form as may be prescribed by carrier, to repay to Carrier the amount refunded in the event and to the extent that the lost ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the ticket. 

RIGHT TO REFUSE REFUND

  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.
  2. The Carrier may also refuse refund on a ticket when : (i) a passenger who is not permitted to enter in the country is carried back to the embarking port, (ii) the document has been stolen, falsified or counterfeited, (iii) a ticket has the mention “not refundable”.
  3. 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 therefore, unless the passenger establishes to Carrier's satisfaction that he or she has permission to remain in the country or that he or she will depart therefore by another means of transport.

CURRENCY

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.

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 XIII: Conduct aboard aircraft

If the passenger conducts himself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties, or fails to comply with any instruction of the crew, or behaves in a manner to which other passengers may reasonably object, Carrier may take such measures as it deems necessary to prevent continuation of such conduct, including restraint of the passenger.

 

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.

Article XIV: 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 except for negligence on its part in making such arrangements.

Article XV: Administrative formalities

GENERAL

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 failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

TRAVEL DOCUMENTS

The passenger shall present all exit, entry, health and other documents required by laws, regulations, order, is required to return a passenger to his 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.

The passenger agrees to pay the applicable fare whenever Carrier, on Government order, is required to return a passenger to his 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.

PASSENGER RESPONSIBILITY 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.

CUSTOMS INSPECTION

If required, the passenger shall attend inspection of his or her 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.

SECURITY INSPECTION

The passenger shall submit to any security checks by Government or airport officials or by Carrier.

Article XVI: Successive carriers

When transportation is performed by several successive carriers under one ticket, or several tickets issued in conjunction therewith, each carrier keeps the liability for the transport it is operating. In the case of an incident, a delay, or a cancellation the passenger, or their dependants, will have to refer to the operating carrier of which transport the incident, delay or cancellation occurred. 

Article XVII: Liability for damage

Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention, as updated by the “IATA Inter Carrier Agreement” and by the Council Regulation (EEC) n° 2027/97 dated October 9th of 1997 about the liability of the Air Carrier in case of an accident.

 

The Carrier agrees to renounce any limit of liability in case of death, wounding or any other bodily injured suffered by a passenger or it’s dependants, if the accident, which caused the damage so sustained, took place on board the aircraft, or in the course of any of the operations of embarking or disembarking passengers. Also the Carrier agrees to renounce to prove that it has taken all necessary measures to avoid the damage, or that it was impossible for it to take such measures for any claim from the victim or its dependants if such a claim is less than, or equal to a global amount of 100 000 SDR per passenger. In case of an air accident, the person entitled to compensation, as identified, will be offered advance payment to meet immediate needs, in proportion to the material hand ship suffered. It is being understood that such an advance payment shall not be less than 15 000 SDR per passenger in case of death.

 

To the extent not in conflict with the foregoing and whether or not the Convention applies:

 

  1. Carrier is liable 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.

 

  1. 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.

 

  1. 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.

 

  1. Except in the case of acts or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result, the liability of Carrier in the case of damage to checked baggage shall be limited to SDR 17 per kilogram and in the case of damage to unchecked baggage shall be limited to SDR 332 per passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the baggage is not recorded on the baggage check. it is presumed that the total weight of the checked baggage does not exceed the applicable free baggage allowance for the class of service concerned, as provided in baggage allowance for the class of service concerned, as provided in Carrier's Regulations. If in the case of checked baggage a higher value is declared pursuant to Article IX Paragraph 7, the liability of Carrier shall be limited to such higher declared value.

            Aircalin will not be liable for normal wear and tear, scratches, scuffs, stains, or any minor damages (zipper pull, lockers)  that occur during the transportation of your baggage
            and injury to a passenger or damage to his luggage when they are caused by objects contained in the said baggage.  

            In addition,  the Conditions of carriage set out prohibited and unacceptable items for carriage in checked baggage such as perishable, fragile or valuable items, money, jewels, precious metals, 
            silverware, luxury clothes or art crafts, photo/video cameras, optical apparatus, computer hardware, portable computers, household appliances, music instruments, negotiable papers, securities 
            or other valuables, business documents, passports and other identification documents or samples.

 

  1. Carrier's liability shall not exceed the amount of proven damages. Carrier shall furthermore not be liable for indirect or consequential damages unless, and only if local law requires, such damages are due to Carrier's gross negligence or willful misconduct.

 

  1. 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 Carried as a result thereof.

 

  1. Carrier is not liable for damage to fragile or perishable items, money, jewelry, precious metals, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples, which are included in the passenger's checked baggage.

 

  1. If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to him, Carrier shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition.

 

  1. Any exclusion or limitation of liability of Carrier shall apply to and be for the benefit of agents, employees and representatives of Carrier and any person whose aircraft is used by Carrier and such person's agents, 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.

 

Unless so expressly provided nothing herein contained shall wave any exclusion or limitation of liability of Carrier under the Convention or applicable laws.

Article XVIII: Time limitation on claims and actions

NOTICE OF CLAIMS

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 days from the date of receipt; and in the case of delay, unless the complaint is made at the latest within 21 days from the date on which the baggage has been placed at his disposal. Every complaint must be made in writing and dispatched within the times aforesaid.

LIMITATION OF ACTIONS

Any right to damages shall be extinguished if an action is not brought within two years reckoned 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.

Article XIX: Modification and waiver

No agent, employee or representative of Carrier has authority to after, modify or waive any provision of these Conditions of carriage.

Article XX : Personal data

The passenger communicates personal data to the Carrier, or to its certified agent, for the booking, to obtain complementary services, to facilitate immigration and entry formalities. The personal data communicated to the Carrier for the purposes of entering into and executing the transport contract may be subject to data processing. The data is collected and processed in accordance with the amended law n° 78 -7 of 6th January 1978 concerning Information Technology, Files and Civil Liberties.

 

The data communicated by the passenger is principally used for (i) booking and purchase of the ticket, (ii) the provision of services related to the transport service, (iii) the protection, loyalty, promotion and commercial information and (iv) for statistical analysis. They may also be used to facilitate the formal bureaucratic details relating to immigration and entry into the territory, the prevention of unpaid bills and to combat fraud, as well as ensuring the safety and security of the flights

 

The passenger is informed that any incident arising from the execution of the transport contract and that may affect the safety and security of the flight will be digitally saved. The passenger is informed and accepts that the provision of certain complementary services (special meals, medical assistance) may lead the Carrier to save the information that may come under article 8 of the modified Information Technology and Civil Liberties  law. This information is used exclusively for complementary services specifically requested by the passenger.

 

The data collected may be communicated to the Carrier’s authorised personnel, its partners or the complementary service providers within the framework of the finalisation of all or a part of the ends mentioned above.  

 

In accordance with the current legislation, the Carrier is sometimes required to provide personal data to French or Overseas authorities (Customs, Immigration, etc.), especially in order to prevent and combat terrorism or other serious crimes. It should be mentionned that certain recipients mentioned below may be based outside the European Union and have access to all or part of the personal data collected by the Carrier (surname, given name, passport number, trip details, etc.), and this for the correct execution of the passenger transport contract or for a specific legal authorisation. Transfers of data beyond the European Union are carried out in accordance with the conditions defined in articles 68 and following of the Information Technology and Civil Liberties law. 

 

In application of the Information Technology and Civil Liberties law, the passenger reserves the right to access, correct, remove or oppose data about him. These rights may be exercised through an email to the following address: cnil@aircalin.nc.

Under reserve of the regulations in force, the Carrier reserves the possibility to use the passenger’s data under the conditions and for the ends defined in this article

 

When the law requires it (electronic commercial promotion), passenger data will only be used for promotions, especially commercial, by the Carrier or its partners if the passenger has given his agreement for such a use at the moment of communicating his personal data. The passenger may afterwards oppose the use of his personal data for such a use by addressing an email to the above address.  

 

It should be noted that the collection of certain personal data is necessary to make the booking and to draw up the transport contract. The passenger may naturally exercise his right to oppose the collection and processing of this data, but is informed that this step may cause the cancellation of the trip or the impossibility of accessing certain complementary services that have been requested (special meals, etc), You are also reminded that, in accordance with the regulations in force, the absence of communication of certain data or the imprecise nature of certain data may lead to boarding or entry to a foreign territory being refused, and this, without the burden of responsability falling on the Company.