General Conditions of Carriage
TABLE OF CONTENTS
ARTICLE I: DEFINITIONS
ARTICLE II: SCOPE OF APPLICATION
ARTICLE III: TICKETS
ARTICLE IV: FARES AND TAXES
ARTICLE V: RESERVATIONS
ARTICLE VI: REGISTRATION / BOARDING
ARTICLE VII: REFUSAL AND LIMITATION OF TRANSPORT
ARTICLE VIII: BAGGAGE
ARTICLE IX: TIMINGS, DELAYS, CANCELLATION OF FLIGHTS
ARTICLE X: REFUNDS
ARTICLE XI: BEHAVIOUR ON BOARD
ARTICLE XII: PROVISIONS FOR RELATED SERVICES
ARTICLE XIII: ADMINISTRATIVE FORMALITIES
ARTICLE XIV: SUCCESSIVE CARRIERS
ARTICLE XV: LIABILITY FOR DAMAGES
ARTICLE XVI: TIME LIMIT FOR PROTESTS AND LIABILITY CLAIMS
ARTICLE XVII: MODIFICATION AND DELETION
ARTICLE I: DEFINITIONS
The expressions used in these Conditions of Carriage have the following meanings:
Inter-company agreements (known as IIA and MIA) of INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA) means the reference texts modifying certain provisions relating to the liability of the air Carrier, signed on 31 October 1995 in Kuala Lumpur (IIA) and 3 April 1996 in Montreal (MIA) applied by TWIN JET since 1 April 1997, that fall within the legal framework of international texts on the Carrier's liability (designated below by "Warsaw Convention" or "Convention"), and the Chicago Convention of 7 December 1944 and its Appendices, particularly Appendices 9, 17 and 18.
Airline Designator Code
Means the code into two or three letters that identifies each Carrier.
Authorised agent
Means a natural or legal person authorised by the Carrier to represent him in the sale of air transportation Tickets for Passengers on the Carrier's services and if authorised to do so, on the services of other Carriers.
Baggage
Refers to articles, effects and other personal belongings of a Passenger, intended to be carried or used by him, necessary for his comfort and well-being during the trip. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the Passenger.
Baggage Label
Means a document issued by the Carrier for the sole purpose of identifying Checked Baggage.
Baggage Tag
Means those portions of the Ticket for the transportation of Checked Baggage of a Passenger.
Beneficiary (see "person entitled to compensation").
Carrier (air)
Means the airline that issued the Ticket, and all airlines whose Designator Code appears on the Passenger Ticket or on a Supplementary Ticket.
Checked baggage
Means Baggage of which the Carrier takes custody and for which it issues a Baggage Ticket.
Community air Carrier
Means an air Carrier holding a valid operating license issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992.
Convention
Denotes according to situation:
- The Convention for the unification of certain rules for International Carriage by Air, signed at Warsaw, 12 October 1929
- The Hague Protocol of 28 September 1955
- The Guadalajara Convention of 18 September 1961
- The Montreal Protocols 1, 2 and 4 (1975)
- Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999.
Coupon
Means an Electronic Coupon with the name of Passenger taking the flight identified on the Coupon.
Damage
Covers cases of death, injury, delay, total or partial loss or other Damage defined in the Convention or below that occur due to air transport or are related to it or other services provided by the Carrier, in the context of the air transport.
Days
Refers to calendar days, including all seven days of the week. In the case of a notification, the day of sending is not counted. To determine the validity of a Ticket, the day of issue of the Ticket or the day of the flight commencement shall not be counted.
Domestic flight
Means any flight whose departure city and destination city are located within the same state, in territorial continuity.
Electronic Coupon
Means an electronic Flight Coupon or other document showing a value held in the Carrier’s database.
Electronic Ticket
Means the Itinerary Receipt (also called Travel Memo) issued by the Carrier or on its behalf, the Electronic Coupon and if applicable, the Boarding Card (CAB).
Fares
Means the tariff of Transport booked by the Passenger in a booking class for the given route, flights and dates.
Flight Coupon
Means that part of the Ticket marked "valid for carriage" or, in the case of an Electronic Ticket, the Electronic Coupon indicating the particular places according which the Passenger must be carried.
Intermediate stops
Means those places, except the origin and destination, shown on the Ticket or shown in Carrier's timetables as scheduled stops on the Passenger’s itinerary.
International flight
Means, within the meaning of the Convention, any flight for which the starting point and the destination point and possibly stopover point is located in the territory of at least two states adhering to the Convention, or in only one State if a stopover is scheduled in another State party to the Convention.
Itinerary Receipt
Means one or more documents that the Carrier issues to the attention of the traveller who uses electronic ticketing and which includes the Passenger's name, flight information and notices to Passengers. It may also be called "Travel Memo".
Passenger
Means any person, except members of the crew, carried or to be carried in an aircraft with a Ticket.
Passenger Coupon or Passenger Receipt
Means that part of the Ticket, issued by or on behalf of Carrier, which should be retained by the Passenger.
Person entitled to compensation
Means the Passenger or any person entitled to claim compensation in respect of such travel in accordance with applicable law.
Reservation
Means any demand for carriage requested by a Passenger recorded by the Air Carrier or its Authorised Agent.
Security object
Means any object which, for reasons of safety or security cannot be allowed in the cabin, under regulations / legislation in force.
Special Drawing Right (SDR)
It is the unit of account of the International Monetary Fund (IMF), whose value is periodically determined by the International Monetary Fund.
Supplementary Ticket
Means a Ticket issued to a Passenger in conjunction with another Ticket which together constitute a single Contract of Carriage.
Ticket
Means either the document entitled "Passenger Ticket and Baggage Tag" or the Electronic Ticket issued by the Carrier or in its name, which is the contract of carriage and includes the Flight Coupons and notices to Passengers.
Transport
Means the air transport of Passengers or Baggage, with or without consideration, as defined by the Convention (see Convention, above).
Transport (by air)
Means, as defined herein, any flight, from embarkation until landing operations, as defined in Article 17 of the Convention.
Transport contract
Means those statements contained in the Passenger Ticket or in the pocket of the Ticket or in the Itinerary Receipt (Travel Memo), clearly identified as contractual provisions and which incorporate these Conditions of Carriage and notices to Passengers.
Travel Memo (see "Itinerary Receipt")
Unchecked Baggage or "Cabin Baggage"
Means any Baggage of the Passenger other than Checked Baggage. Such Baggage remains in the custody of the Passenger.
Voluntary stopover
Means a scheduled stop during a journey, requested by the Passenger, a stopover between the starting point and the destination point.
Inter-company agreements (known as IIA and MIA) of INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA) means the reference texts modifying certain provisions relating to the liability of the air Carrier, signed on 31 October 1995 in Kuala Lumpur (IIA) and 3 April 1996 in Montreal (MIA) applied by TWIN JET since 1 April 1997, that fall within the legal framework of international texts on the Carrier's liability (designated below by "Warsaw Convention" or "Convention"), and the Chicago Convention of 7 December 1944 and its Appendices, particularly Appendices 9, 17 and 18.
Airline Designator Code
Means the code into two or three letters that identifies each Carrier.
Authorised agent
Means a natural or legal person authorised by the Carrier to represent him in the sale of air transportation Tickets for Passengers on the Carrier's services and if authorised to do so, on the services of other Carriers.
Baggage
Refers to articles, effects and other personal belongings of a Passenger, intended to be carried or used by him, necessary for his comfort and well-being during the trip. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the Passenger.
Baggage Label
Means a document issued by the Carrier for the sole purpose of identifying Checked Baggage.
Baggage Tag
Means those portions of the Ticket for the transportation of Checked Baggage of a Passenger.
Beneficiary (see "person entitled to compensation").
Carrier (air)
Means the airline that issued the Ticket, and all airlines whose Designator Code appears on the Passenger Ticket or on a Supplementary Ticket.
Checked baggage
Means Baggage of which the Carrier takes custody and for which it issues a Baggage Ticket.
Community air Carrier
Means an air Carrier holding a valid operating license issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992.
Convention
Denotes according to situation:
- The Convention for the unification of certain rules for International Carriage by Air, signed at Warsaw, 12 October 1929
- The Hague Protocol of 28 September 1955
- The Guadalajara Convention of 18 September 1961
- The Montreal Protocols 1, 2 and 4 (1975)
- Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999.
Coupon
Means an Electronic Coupon with the name of Passenger taking the flight identified on the Coupon.
Damage
Covers cases of death, injury, delay, total or partial loss or other Damage defined in the Convention or below that occur due to air transport or are related to it or other services provided by the Carrier, in the context of the air transport.
Days
Refers to calendar days, including all seven days of the week. In the case of a notification, the day of sending is not counted. To determine the validity of a Ticket, the day of issue of the Ticket or the day of the flight commencement shall not be counted.
Domestic flight
Means any flight whose departure city and destination city are located within the same state, in territorial continuity.
Electronic Coupon
Means an electronic Flight Coupon or other document showing a value held in the Carrier’s database.
Electronic Ticket
Means the Itinerary Receipt (also called Travel Memo) issued by the Carrier or on its behalf, the Electronic Coupon and if applicable, the Boarding Card (CAB).
Fares
Means the tariff of Transport booked by the Passenger in a booking class for the given route, flights and dates.
Flight Coupon
Means that part of the Ticket marked "valid for carriage" or, in the case of an Electronic Ticket, the Electronic Coupon indicating the particular places according which the Passenger must be carried.
Intermediate stops
Means those places, except the origin and destination, shown on the Ticket or shown in Carrier's timetables as scheduled stops on the Passenger’s itinerary.
International flight
Means, within the meaning of the Convention, any flight for which the starting point and the destination point and possibly stopover point is located in the territory of at least two states adhering to the Convention, or in only one State if a stopover is scheduled in another State party to the Convention.
Itinerary Receipt
Means one or more documents that the Carrier issues to the attention of the traveller who uses electronic ticketing and which includes the Passenger's name, flight information and notices to Passengers. It may also be called "Travel Memo".
Passenger
Means any person, except members of the crew, carried or to be carried in an aircraft with a Ticket.
Passenger Coupon or Passenger Receipt
Means that part of the Ticket, issued by or on behalf of Carrier, which should be retained by the Passenger.
Person entitled to compensation
Means the Passenger or any person entitled to claim compensation in respect of such travel in accordance with applicable law.
Reservation
Means any demand for carriage requested by a Passenger recorded by the Air Carrier or its Authorised Agent.
Security object
Means any object which, for reasons of safety or security cannot be allowed in the cabin, under regulations / legislation in force.
Special Drawing Right (SDR)
It is the unit of account of the International Monetary Fund (IMF), whose value is periodically determined by the International Monetary Fund.
Supplementary Ticket
Means a Ticket issued to a Passenger in conjunction with another Ticket which together constitute a single Contract of Carriage.
Ticket
Means either the document entitled "Passenger Ticket and Baggage Tag" or the Electronic Ticket issued by the Carrier or in its name, which is the contract of carriage and includes the Flight Coupons and notices to Passengers.
Transport
Means the air transport of Passengers or Baggage, with or without consideration, as defined by the Convention (see Convention, above).
Transport (by air)
Means, as defined herein, any flight, from embarkation until landing operations, as defined in Article 17 of the Convention.
Transport contract
Means those statements contained in the Passenger Ticket or in the pocket of the Ticket or in the Itinerary Receipt (Travel Memo), clearly identified as contractual provisions and which incorporate these Conditions of Carriage and notices to Passengers.
Travel Memo (see "Itinerary Receipt")
Unchecked Baggage or "Cabin Baggage"
Means any Baggage of the Passenger other than Checked Baggage. Such Baggage remains in the custody of the Passenger.
Voluntary stopover
Means a scheduled stop during a journey, requested by the Passenger, a stopover between the starting point and the destination point.
ARTICLE II: SCOPE OF APPLICATION
1. General
(a) Except as provided in paragraphs 2, 3 and 4 of this Article, these Conditions of Carriage apply to all flights for which the TWIN JET Airline designator code appears in the box Carrier of the corresponding Ticket or Coupon.
(b) These Conditions also apply to free or discounted Fares, unless otherwise provided in Carrier's regulations to which a Passenger has access, or in the contracts, passes or Tickets issued for such Transport.
(c) These Conditions of Carriage are established under the Convention and the Inter-company agreements of IATA, as defined in Article I above.
2. Overriding law
These Conditions shall apply to the extent they are not contrary to the Convention, applicable laws or Fares filed, in which case, these laws or Fares prevail. The possible invalidity of one or more provisions of these Conditions shall not affect the validity of the remaining provisions of these Conditions.
3. Codeshare
(a) On some services, the Carrier has concluded with other airlines agreements called code sharing. It follows that even if the traveller holds a TWIN JET Reservation and if he has a Ticket where TWIN JET is designated as Carrier, through its Carrier Code Designation, the Carrier operating the flight may not be TWIN JET.
(b) In this case and in other similar or equivalent formula (block of seats or franchise, for example), TWIN JET shall inform the Passenger before boarding and he will benefit from TWIN JET General conditions of carriage, in particular the liability aspects.
4. Prevalence of Conditions on the Carrier's Regulations
Unless otherwise specified, in case of inconsistency between these Conditions and any other specific regulation of TWIN JET not notified to the Passenger, these Conditions shall prevail.
5. Charter
If transportation is performed pursuant to a charter agreement, these Conditions apply only to the extent they are incorporated, by reference or otherwise in the Charter Agreement or in the Ticket.
(a) Except as provided in paragraphs 2, 3 and 4 of this Article, these Conditions of Carriage apply to all flights for which the TWIN JET Airline designator code appears in the box Carrier of the corresponding Ticket or Coupon.
(b) These Conditions also apply to free or discounted Fares, unless otherwise provided in Carrier's regulations to which a Passenger has access, or in the contracts, passes or Tickets issued for such Transport.
(c) These Conditions of Carriage are established under the Convention and the Inter-company agreements of IATA, as defined in Article I above.
2. Overriding law
These Conditions shall apply to the extent they are not contrary to the Convention, applicable laws or Fares filed, in which case, these laws or Fares prevail. The possible invalidity of one or more provisions of these Conditions shall not affect the validity of the remaining provisions of these Conditions.
3. Codeshare
(a) On some services, the Carrier has concluded with other airlines agreements called code sharing. It follows that even if the traveller holds a TWIN JET Reservation and if he has a Ticket where TWIN JET is designated as Carrier, through its Carrier Code Designation, the Carrier operating the flight may not be TWIN JET.
(b) In this case and in other similar or equivalent formula (block of seats or franchise, for example), TWIN JET shall inform the Passenger before boarding and he will benefit from TWIN JET General conditions of carriage, in particular the liability aspects.
4. Prevalence of Conditions on the Carrier's Regulations
Unless otherwise specified, in case of inconsistency between these Conditions and any other specific regulation of TWIN JET not notified to the Passenger, these Conditions shall prevail.
5. Charter
If transportation is performed pursuant to a charter agreement, these Conditions apply only to the extent they are incorporated, by reference or otherwise in the Charter Agreement or in the Ticket.
ARTICLE III: TICKETS
1. Need to hold a Ticket
(a) The Carrier agrees to Transport a Passenger only if the latter is in possession of a Ticket in his name. Passengers may be asked by the Carrier to provide appropriate proof of their identity.
(b) A Ticket is not transferable. If a Ticket is presented by someone other than the person who would have been entitled to Transport or reimbursement of the Ticket, the Carrier shall not be liable for any consequences or actions against the holder of the Ticket or any third party if, in good faith, he carries the person possessing the Ticket or makes him the refund.
(c) The Ticket remains the permanent property of the issuing Carrier.
(d) Except in the case of electronic ticketing, transportation on a flight will be allowed only to persons able to present a valid Ticket that contains the Coupon for that flight and all other unused Flight Coupons as well as the Passenger Coupon.
The Passenger shall not be entitled to transportation if the Ticket presented has been damaged, or has been changed by someone other than the Carrier or by his Authorised Agent.
In the case of Electronic Ticket, the Passenger will not be carried on a flight unless he shows a proper identification and only if a valid Electronic Ticket has been issued in his name.
(e) In case of loss or Damage of all or part of the Ticket or lack of presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons as long as the Carrier issuing the Ticket will replace it at the request of the Passenger, all or part of the Ticket, by issuing a new Ticket, provided the Carrier receives, upon request, proof that a valid Ticket was issued for the flight (s) in question and that the Passenger provides in writing his agreement to compensate the Carrier in case of misuse of the Ticket.
Otherwise, this Carrier may require that the Passenger pays the price of the replacement Ticket, subject to refund when he has the assurance that the original Ticket has not been used before the expiry of its validity period. The Carrier may require the Passenger to pay a reasonable amount as processing fees.
(f) Any traveller eligible for a fare reduction or fare under special conditions should be able to prove the validity and regularity of such a Ticket at any time during his trip.
2. Period of validity
(a) In compliance with conditions relating to 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 has been used, its date of issue, except as set out in the Ticket, in these Conditions or in the Fares filed with competent authorities.
(b) When a Passenger holding a Ticket is prevented from travelling within the period of validity of the Ticket because, when he asks for Reservations on a flight, the Carrier is unable to confirm a Reservation, the validity of such Ticket will be extended or the Ticket may be refunded under the conditions of Article X below.
(c) When a Passenger, who began his journey, is unable for health reasons to continue during the period of validity of the Ticket, the Carrier may extend the validity of the Ticket until the date when the Passenger becomes fit to travel, according to a medical certificate that the Passenger must provide to the Carrier or until the date of the first flight of the Carrier available after this fitness.
The extension relates to the route on which the journey is continued, for transportation in the class of the fare paid. When Flight Coupons remaining in the Ticket or, in case of Electronic Ticket, the Electronic Coupon, involve one or more Voluntary Stopovers, the validity of the Ticket may be extended by three months, from the date shown on said certificate. Similarly, in the case of a disabled Passenger travelling accompanied, the Carrier shall extend the validity of the Tickets of the members of the immediate family accompanying the Passenger.
(d) In case of death of a Passenger during the journey, the Tickets of persons accompanying the Passenger may be modified by the Carrier either by waiving the minimum stay or extending the validity of these Tickets.
In case of death occurred in the immediate family of a Passenger who has commenced travel, the validity of Tickets of the Passenger and those members of his immediate family travelling with him and proving their degree of relationship can be modified in the same way.
Any change must be made in exchange for a death certificate in due form; moreover, the extension of the validity of Tickets shall not exceed forty-five Days from the date of death.
3. Order of Use of Coupons
(a) The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the order they are issued.
(b) The Ticket is not valid and the Carrier may refuse to honour it if the first Flight Coupon or, in case of Electronic Ticket, the Electronic Coupon, corresponding to an international route has not been used and if the Passenger starts his journey from a Voluntary stopover or an intermediate halt.
(c) Each Flight Coupon is valid for carriage in the class specified on it, the date and flight for which the booking is made.
If the Coupon is issued without Reservations, bookings can be made according to the conditions of the tariff in question and within the limits of available seats on the flight requested.
(d) In the event that the use by the Passenger of his Ticket, by a route different from the one entered on the Ticket, would result in a fare difference, the Carrier may, at any time, adjust the amount due by the Passenger to the new applicable rate.
4. Name and address of the Carrier
The Carrier's name may be abbreviated on the Ticket, in the form of its Designator Code or in any other form. The Carrier's address is considered as that of the airport of departure shown opposite the name of the Carrier in the box "Carrier" of the Ticket or, if Electronic ticket, as indicated for the first flight segment of the Carrier in the Itinerary Receipt (or Travel Memo).
(a) The Carrier agrees to Transport a Passenger only if the latter is in possession of a Ticket in his name. Passengers may be asked by the Carrier to provide appropriate proof of their identity.
(b) A Ticket is not transferable. If a Ticket is presented by someone other than the person who would have been entitled to Transport or reimbursement of the Ticket, the Carrier shall not be liable for any consequences or actions against the holder of the Ticket or any third party if, in good faith, he carries the person possessing the Ticket or makes him the refund.
(c) The Ticket remains the permanent property of the issuing Carrier.
(d) Except in the case of electronic ticketing, transportation on a flight will be allowed only to persons able to present a valid Ticket that contains the Coupon for that flight and all other unused Flight Coupons as well as the Passenger Coupon.
The Passenger shall not be entitled to transportation if the Ticket presented has been damaged, or has been changed by someone other than the Carrier or by his Authorised Agent.
In the case of Electronic Ticket, the Passenger will not be carried on a flight unless he shows a proper identification and only if a valid Electronic Ticket has been issued in his name.
(e) In case of loss or Damage of all or part of the Ticket or lack of presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons as long as the Carrier issuing the Ticket will replace it at the request of the Passenger, all or part of the Ticket, by issuing a new Ticket, provided the Carrier receives, upon request, proof that a valid Ticket was issued for the flight (s) in question and that the Passenger provides in writing his agreement to compensate the Carrier in case of misuse of the Ticket.
Otherwise, this Carrier may require that the Passenger pays the price of the replacement Ticket, subject to refund when he has the assurance that the original Ticket has not been used before the expiry of its validity period. The Carrier may require the Passenger to pay a reasonable amount as processing fees.
(f) Any traveller eligible for a fare reduction or fare under special conditions should be able to prove the validity and regularity of such a Ticket at any time during his trip.
2. Period of validity
(a) In compliance with conditions relating to 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 has been used, its date of issue, except as set out in the Ticket, in these Conditions or in the Fares filed with competent authorities.
(b) When a Passenger holding a Ticket is prevented from travelling within the period of validity of the Ticket because, when he asks for Reservations on a flight, the Carrier is unable to confirm a Reservation, the validity of such Ticket will be extended or the Ticket may be refunded under the conditions of Article X below.
(c) When a Passenger, who began his journey, is unable for health reasons to continue during the period of validity of the Ticket, the Carrier may extend the validity of the Ticket until the date when the Passenger becomes fit to travel, according to a medical certificate that the Passenger must provide to the Carrier or until the date of the first flight of the Carrier available after this fitness.
The extension relates to the route on which the journey is continued, for transportation in the class of the fare paid. When Flight Coupons remaining in the Ticket or, in case of Electronic Ticket, the Electronic Coupon, involve one or more Voluntary Stopovers, the validity of the Ticket may be extended by three months, from the date shown on said certificate. Similarly, in the case of a disabled Passenger travelling accompanied, the Carrier shall extend the validity of the Tickets of the members of the immediate family accompanying the Passenger.
(d) In case of death of a Passenger during the journey, the Tickets of persons accompanying the Passenger may be modified by the Carrier either by waiving the minimum stay or extending the validity of these Tickets.
In case of death occurred in the immediate family of a Passenger who has commenced travel, the validity of Tickets of the Passenger and those members of his immediate family travelling with him and proving their degree of relationship can be modified in the same way.
Any change must be made in exchange for a death certificate in due form; moreover, the extension of the validity of Tickets shall not exceed forty-five Days from the date of death.
3. Order of Use of Coupons
(a) The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the order they are issued.
(b) The Ticket is not valid and the Carrier may refuse to honour it if the first Flight Coupon or, in case of Electronic Ticket, the Electronic Coupon, corresponding to an international route has not been used and if the Passenger starts his journey from a Voluntary stopover or an intermediate halt.
(c) Each Flight Coupon is valid for carriage in the class specified on it, the date and flight for which the booking is made.
If the Coupon is issued without Reservations, bookings can be made according to the conditions of the tariff in question and within the limits of available seats on the flight requested.
(d) In the event that the use by the Passenger of his Ticket, by a route different from the one entered on the Ticket, would result in a fare difference, the Carrier may, at any time, adjust the amount due by the Passenger to the new applicable rate.
4. Name and address of the Carrier
The Carrier's name may be abbreviated on the Ticket, in the form of its Designator Code or in any other form. The Carrier's address is considered as that of the airport of departure shown opposite the name of the Carrier in the box "Carrier" of the Ticket or, if Electronic ticket, as indicated for the first flight segment of the Carrier in the Itinerary Receipt (or Travel Memo).
ARTICLE IV: FARES AND TAXES
1. General
Fares apply only for carriage from the airport of origin to airport of destination, unless otherwise stated. Fares do not include ground transportation between airports and between airports and town terminals, unless it is provided by the Carrier without additional charge.
When booking, the Passenger is informed of the Ticket price including taxes and issuance costs and the overall price of the Ticket (which includes the price including taxes and the issue costs).
2. Fares applicable
Subject to paragraph 4 below, the applicable Fares are those in effect on the Ticket issue date. Any change by the Passenger of the route or the travel dates can affect the price of the journey.
3. Itinerary
Unless otherwise provided in the regulations of the Carrier, which the Passenger can access, Fares apply only to corresponding routes.
If there are multiple routes for which the same rate applies, the Passenger may specify, before issuing the Ticket, the route he wants to use. If no route is specified, the Carrier can determine the route at his discretion.
4. Fees and taxes
All fees or taxes imposed by a government or other authority or by the operator of an airport, related to the Passenger or the use of any service or means used by the latter, are added to the fare and to related charges and are payable by the Passenger, unless otherwise specified. They are included in the price, unless the Carrier has not been informed well in advance or are too variable to be included as part of the fare.
5. Payment currency
The Fares and taxes are payable in any currency accepted by the Carrier, at the exchange rates determined by the Carrier at the time of Ticket issuance.
Fares apply only for carriage from the airport of origin to airport of destination, unless otherwise stated. Fares do not include ground transportation between airports and between airports and town terminals, unless it is provided by the Carrier without additional charge.
When booking, the Passenger is informed of the Ticket price including taxes and issuance costs and the overall price of the Ticket (which includes the price including taxes and the issue costs).
2. Fares applicable
Subject to paragraph 4 below, the applicable Fares are those in effect on the Ticket issue date. Any change by the Passenger of the route or the travel dates can affect the price of the journey.
3. Itinerary
Unless otherwise provided in the regulations of the Carrier, which the Passenger can access, Fares apply only to corresponding routes.
If there are multiple routes for which the same rate applies, the Passenger may specify, before issuing the Ticket, the route he wants to use. If no route is specified, the Carrier can determine the route at his discretion.
4. Fees and taxes
All fees or taxes imposed by a government or other authority or by the operator of an airport, related to the Passenger or the use of any service or means used by the latter, are added to the fare and to related charges and are payable by the Passenger, unless otherwise specified. They are included in the price, unless the Carrier has not been informed well in advance or are too variable to be included as part of the fare.
5. Payment currency
The Fares and taxes are payable in any currency accepted by the Carrier, at the exchange rates determined by the Carrier at the time of Ticket issuance.
ARTICLE V : RESERVATIONS
1. Reservation conditions
(a) Reservations are not confirmed until they are accepted as such and recorded by the Carrier or its Authorised Agent.
(b) Certain Fares may be subject to conditions that limit or exclude the Passenger's right to change or cancel his Reservations.
2. Date limit for issuing Ticket
If a Passenger has not paid for his Ticket (or entered into a credit agreement with the Carrier) before the last date for issuing the Ticket, the Carrier may cancel the Reservation and dispose of the seat thus released.
3. Personal information
The Passenger acknowledges that personal information concerning him was given to the Carrier in order to make a Reservation for a Transport, obtain related services, provide various services, facilitate the completion of administrative formalities
related to immigration and entry into the territory and that such information may be disclosed to government authorities, exclusively for purposes related to travel of the Passenger and subject to applicable laws.
Accordingly, the Passenger authorises the Carrier to hold such information and pass them on to his own offices, his Authorised agents, to government authorities and to other Carriers or providers of the above mentioned services, regardless of the country where these providers are located.
This information is collected and processed in accordance with Law No. 78-17 of 06 January 1978 relating to computers, files and freedoms.
4. Allocation of seats
The Carrier shall make efforts to honour seat allocation requests made by the Passenger; however, he cannot guarantee any particular seat, even if the Reservation of the Passenger is confirmed for the said seat.
The Carrier reserves the right to change the seat allocation at any time.
5. Cancellation fee for unoccupied seat
Except for trips whose Fares are not refundable, processing fees of a reasonable amount may be charged to the Passenger if he does not honour his Reservation.
6. Reconfirmation of Reservations
Reservations for onward or return may be subject to reconfirmation within specified time limits. The Carrier will inform the Passenger if he requires reconfirmation; however, the Passenger must verify whether other Carriers who may be involved in the trip have identical requirements for the routes that they provide. Failure to comply with these provisions may result in cancellation of bookings for onward or return travel.
7. Cancellation of Reservations on onward or return flight
If a Passenger does not use a Reservation, bookings for his onward or return travel may be cancelled by the Carrier.
(a) Reservations are not confirmed until they are accepted as such and recorded by the Carrier or its Authorised Agent.
(b) Certain Fares may be subject to conditions that limit or exclude the Passenger's right to change or cancel his Reservations.
2. Date limit for issuing Ticket
If a Passenger has not paid for his Ticket (or entered into a credit agreement with the Carrier) before the last date for issuing the Ticket, the Carrier may cancel the Reservation and dispose of the seat thus released.
3. Personal information
The Passenger acknowledges that personal information concerning him was given to the Carrier in order to make a Reservation for a Transport, obtain related services, provide various services, facilitate the completion of administrative formalities
related to immigration and entry into the territory and that such information may be disclosed to government authorities, exclusively for purposes related to travel of the Passenger and subject to applicable laws.
Accordingly, the Passenger authorises the Carrier to hold such information and pass them on to his own offices, his Authorised agents, to government authorities and to other Carriers or providers of the above mentioned services, regardless of the country where these providers are located.
This information is collected and processed in accordance with Law No. 78-17 of 06 January 1978 relating to computers, files and freedoms.
4. Allocation of seats
The Carrier shall make efforts to honour seat allocation requests made by the Passenger; however, he cannot guarantee any particular seat, even if the Reservation of the Passenger is confirmed for the said seat.
The Carrier reserves the right to change the seat allocation at any time.
5. Cancellation fee for unoccupied seat
Except for trips whose Fares are not refundable, processing fees of a reasonable amount may be charged to the Passenger if he does not honour his Reservation.
6. Reconfirmation of Reservations
Reservations for onward or return may be subject to reconfirmation within specified time limits. The Carrier will inform the Passenger if he requires reconfirmation; however, the Passenger must verify whether other Carriers who may be involved in the trip have identical requirements for the routes that they provide. Failure to comply with these provisions may result in cancellation of bookings for onward or return travel.
7. Cancellation of Reservations on onward or return flight
If a Passenger does not use a Reservation, bookings for his onward or return travel may be cancelled by the Carrier.
ARTICLE VI: REGISTRATION / BOARDING
1. Passengers must have completed their registration procedures sufficiently in advance of flight departure in order to comply with administrative requirements and departure procedures for him and his luggage but in no circumstance, beyond the Check-in Time Limit indicated by Carrier and shown on the Ticket.
2. Passengers must be present at the boarding gate no later than the time indicated by the
Carrier
3. If the Passenger does not arrive in time at Carrier's check-in counter or boarding gate or appears with a travel document that does not match the flight concerned or is not able to travel, especially under Article XIII below, the Carrier may cancel the seat that has been reserved for him and dispose of it.
4. The Carrier's liability for any loss, Damage or expense may not be sought by the Passenger if he has not complied with the terms of this Article.
2. Passengers must be present at the boarding gate no later than the time indicated by the
Carrier
3. If the Passenger does not arrive in time at Carrier's check-in counter or boarding gate or appears with a travel document that does not match the flight concerned or is not able to travel, especially under Article XIII below, the Carrier may cancel the seat that has been reserved for him and dispose of it.
4. The Carrier's liability for any loss, Damage or expense may not be sought by the Passenger if he has not complied with the terms of this Article.
ARTICLE VII: REFUSAL AND LIMITATION OF TRANSPORT
1. Right to refuse Transport
The Carrier may at any point of boarding and / or transfer, refuse carriage of a Passenger or luggage if he has previously notified in writing the Passenger he no longer wishes henceforth to Transport him or if one or more of the following occurred:
(a) The Passenger has not respected or did not comply with laws and regulations and the instructions of the Carrier or has not provided proof of his identity
(b) The Transport of Passenger or his luggage may endanger the safety, health, comfort or convenience of other Passengers or crew
(c) The physical or mental condition of a Passenger, including a condition caused by drinking alcohol or taking drugs or medicines, presents a danger or risk to the Passenger himself, other Passengers, the crew or property
(d) The Passenger requires special assistance of the Carrier, not requested beforehand
(e) Passenger has committed misconduct on a previous flight and the Carrier has reason to believe that such conduct may be repeated
(f) Passenger has refused to submit to security screening or inspection of luggage as provided in Articles VIII / 5 and XIII / 6 below
(g) The applicable fare or any charges or taxes payable have not been paid, or credit arrangements have not been concluded between the Carrier and the Passenger (or the person who pays the Ticket)
(h) Passenger does not appear to have valid travel documents, tries to enter a territory where he is only in transit, destroyed his travel documents during the flight, refused to give them to the Carrier's staff upon request and against a receipt, or has documents outdated, incomplete under national or international regulations or fraudulent (identity theft, forgery or counterfeiting of documents)
(i) The Ticket presented by the Passenger:
(I) was acquired fraudulently or purchased from an organisation not recognised by the Carrier other than the Carrier issuing the Ticket or his Authorized Agent; or
(II) has been reported as being lost or stolen; or
(III) is a forged or counterfeit Ticket; or
(IV) has a Flight Coupon that was damaged or modified by someone other than the Carrier or his Authorised Agent.
In such cases, the Carrier reserves the right to retain such a Ticket.
(j) In the event that a person presenting a Ticket cannot prove that he is the person named in the box "NAME OF PASSENGER", the Carrier reserves the right to retain the Ticket and to inform local authorities of the presence of the Passenger
(k) The Passenger has not used his Flight Coupons in the order of the Ticket
(l) The Passenger is already guilty of one or more acts or omissions described above.
(m) The Passenger who has a fare reduction or fare subject to special conditions is not able to submit the supporting documents required for granting this specific fare and refuses to pay the readjusted fare.
2. Special Assistance
(a) Acceptance for carriage of unaccompanied children, disabled persons, pregnant women and sick persons or other persons requiring special assistance is subject to the prior consent of the Carrier.
Passengers with disabilities who have advised the Carrier of their disability or special need of assistance when purchasing their Ticket and who were accepted by the Carrier in full knowledge, cannot be denied the boarding because of their disability or special need. Unless if the state of disability communicated to the Carrier during booking is inaccurate or inappropriate to the size of the aircraft (access to the cabin), the Carrier may refuse the Passenger.
(b) Any Passenger wishing a special meal available from the Carrier must inform the Carrier at the time of booking or rebooking or within the time specified by the Carrier, if any; otherwise, the Carrier cannot guarantee the presence of that special meal on board the flight concerned.
The specific conditions referred to in paragraph 2 above are not part of the Contract of Carriage and must be considered as being Additional Services, as defined in Article XII below.
Also, if a request corresponding to the cases referred to in (a) and (b) above is made at the time of the Check-in, the Carrier is not responsible if he cannot satisfy it and may even deny boarding of the Passenger concerned.
The Carrier may at any point of boarding and / or transfer, refuse carriage of a Passenger or luggage if he has previously notified in writing the Passenger he no longer wishes henceforth to Transport him or if one or more of the following occurred:
(a) The Passenger has not respected or did not comply with laws and regulations and the instructions of the Carrier or has not provided proof of his identity
(b) The Transport of Passenger or his luggage may endanger the safety, health, comfort or convenience of other Passengers or crew
(c) The physical or mental condition of a Passenger, including a condition caused by drinking alcohol or taking drugs or medicines, presents a danger or risk to the Passenger himself, other Passengers, the crew or property
(d) The Passenger requires special assistance of the Carrier, not requested beforehand
(e) Passenger has committed misconduct on a previous flight and the Carrier has reason to believe that such conduct may be repeated
(f) Passenger has refused to submit to security screening or inspection of luggage as provided in Articles VIII / 5 and XIII / 6 below
(g) The applicable fare or any charges or taxes payable have not been paid, or credit arrangements have not been concluded between the Carrier and the Passenger (or the person who pays the Ticket)
(h) Passenger does not appear to have valid travel documents, tries to enter a territory where he is only in transit, destroyed his travel documents during the flight, refused to give them to the Carrier's staff upon request and against a receipt, or has documents outdated, incomplete under national or international regulations or fraudulent (identity theft, forgery or counterfeiting of documents)
(i) The Ticket presented by the Passenger:
(I) was acquired fraudulently or purchased from an organisation not recognised by the Carrier other than the Carrier issuing the Ticket or his Authorized Agent; or
(II) has been reported as being lost or stolen; or
(III) is a forged or counterfeit Ticket; or
(IV) has a Flight Coupon that was damaged or modified by someone other than the Carrier or his Authorised Agent.
In such cases, the Carrier reserves the right to retain such a Ticket.
(j) In the event that a person presenting a Ticket cannot prove that he is the person named in the box "NAME OF PASSENGER", the Carrier reserves the right to retain the Ticket and to inform local authorities of the presence of the Passenger
(k) The Passenger has not used his Flight Coupons in the order of the Ticket
(l) The Passenger is already guilty of one or more acts or omissions described above.
(m) The Passenger who has a fare reduction or fare subject to special conditions is not able to submit the supporting documents required for granting this specific fare and refuses to pay the readjusted fare.
2. Special Assistance
(a) Acceptance for carriage of unaccompanied children, disabled persons, pregnant women and sick persons or other persons requiring special assistance is subject to the prior consent of the Carrier.
Passengers with disabilities who have advised the Carrier of their disability or special need of assistance when purchasing their Ticket and who were accepted by the Carrier in full knowledge, cannot be denied the boarding because of their disability or special need. Unless if the state of disability communicated to the Carrier during booking is inaccurate or inappropriate to the size of the aircraft (access to the cabin), the Carrier may refuse the Passenger.
(b) Any Passenger wishing a special meal available from the Carrier must inform the Carrier at the time of booking or rebooking or within the time specified by the Carrier, if any; otherwise, the Carrier cannot guarantee the presence of that special meal on board the flight concerned.
The specific conditions referred to in paragraph 2 above are not part of the Contract of Carriage and must be considered as being Additional Services, as defined in Article XII below.
Also, if a request corresponding to the cases referred to in (a) and (b) above is made at the time of the Check-in, the Carrier is not responsible if he cannot satisfy it and may even deny boarding of the Passenger concerned.
ARTICLE VIII: BAGGAGE
1. Baggage allowance
Passengers may carry Baggage allowance in accordance with and subject to the conditions and limits set out in these Conditions of Carriage, available on request from the Carrier and his Authorised Agents.
The Passenger states having full knowledge of the content of each of his luggage items.
The Passenger agrees not to let his Baggage remain unattended after the time when he has prepared them and not to accept objects from another Passenger or any other person.
The Passenger agrees not to travel with luggage entrusted to him by a third party.
2. Excess Baggage
Passengers must pay extra for the transportation of Baggage exceeding the allowance at the rates and conditions set by the Carrier and available to him on request.
3. Items Unacceptable as Baggage
Passenger must not place in his Baggage:
(a) Items that cannot be considered Baggage as defined in Article I of these Conditions
(b) Objects that may endanger the aircraft, persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) in addition to the regulations of the Carrier, available on request
(c) Objects whose transportation is prohibited by laws or regulations in any country of departure, destination, overflight or scheduled stops
(d) Items that the Carrier believes that their weight, dimensions or nature are unsuitable for transportation
(e) Live animals, except pets and provided the conditions of paragraph
10 of this Article are satisfied
(f) Fragile or perishable items, money, currencies, jewellery, works of art, precious metals, silverware, securities or other valuables, expensive clothes, optical or photo devices, electronic or telecommunications equipment or appliances, musical instruments, passports and identity documents, samples, business documents, manuscripts or securities, individualised or fungible
(g) Firearms and ammunition other than for hunting or sports or deactivated weapons collection. To be accepted as Checked Baggage, firearms and ammunition for hunting and sporting and deactivated collection weapons should not be loaded, must have the safety catch on and should be suitably packed. The Transport of ammunition is subject to the Dangerous Goods Regulations of ICAO and IATA, as specified in (b) above;
(h) If the objects mentioned in subparagraphs (a) to (g) of this paragraph are to be transported, regardless of whether their carriage as Baggage is prohibited or not, such transportation will be subject to the limitations of liability and the provisions of these Conditions of Carriage applicable to the carriage of Baggage.
4. Right to refuse Transport
(a) At any boarding and / or intermediate point, the Carrier may refuse the Transport as Baggage any unauthorised items listed in paragraph 3 of this Article and may also refuse to continue the carriage of such objects if he happens to discover them.
(b) Carrier may refuse to carry as Baggage any item because of its size, shape, weight, contents or character, or for operational, safety / security reasons or to preserve the comfort and convenience of the Passengers or crew.
5. Right of Inspection
For security / safety reasons, the Carrier may ask Passengers to undergo, along with their Baggage, a search or any type of inspection such as X-rays or others.
If the Passenger is not present or available, his Baggage may be inspected or searched in his absence to verify if he possesses, or if his Baggage contains objects referred to in paragraph 3 above, or any weapon or ammunition that was not presented to the Carrier, under paragraph 3 (g) above.
If the Passenger refuses to comply with such requests, the Carrier may refuse to Transport, him and his Baggage. If the said inspections Damage the Baggage and its contents or cause Damage to the Passenger, the Carrier is not liable, except in case of fault or negligence.
The Carrier may refuse to Transport Baggage for which the Passenger has refused to pay the extra charge.
6. Checked Baggage
(a) When the Passenger gives the Carrier his Baggage to check in, the Carrier takes custody and issues a Baggage Label for each piece of Checked Baggage.
(b) If the Carrier believes that the packing of a Baggage is inadequate, lacking or is in poor condition, he may refuse the luggage.
(c) Passengers must affix a personal identification on the Baggage before it is accepted by the Carrier.
(d) Checked Baggage is transported, as far as possible, in the same aircraft as that carrying the Passenger unless, for operating or security / safety reasons,
the Carrier decides that they will be transported on another flight.
In such a case, the Carrier will deliver the Baggage to flight’s arrival point, unless applicable law requires the Passenger to be present for customs clearance.
7. Unchecked Baggage
Carrier may impose maximum dimensions for Baggage that Passengers take into the cabin and limit their number. The Passenger is responsible for his personal effects and Unchecked Baggage that he keeps in the cabin. In case of destruction, loss, theft or Damage of Baggage, the liability of the Carrier is incurred and limited, only if the fault of the Carrier is proven by the Passenger, to the amount defined in Article XV (2) (c) of these conditions of the Carrier.
(a) Baggage which the Passenger carries into the cabin must be placed under the seat in front of the Passenger or in an enclosed storage space. The objects defined by the Carrier as being of excessive weight or size, hazardous to the safety or difficult to store may not be accepted in the cabin and must be loaded as Checked Baggage.
(b) Items that should not be transported in the hold (such as fragile musical instruments or other) and which do not comply with the provisions of (a) above, cannot be accepted for carriage in the cabin unless the Carrier has been duly notified in advance and has granted authorisation. The Transport of such objects may be payable separately.
8. Declaration of value and payment of extra charges
(a) If the Carrier offers this possibility, the Passenger may, for his Checked Baggage, declare in writing a value above the limit of liability specified in the Convention. In this case,
The Passenger may be charged the additional associated costs, at rates fixed by the Carrier and available on demand.
(b) The Carrier will refuse such a declaration of value, if one of the portions of the Transport must be performed by another Carrier who does not offer such a possibility.
9. Collection and Delivery of Baggage
(a) Passengers must collect their Baggage as soon as they are made available at destination or Voluntary stopover. If they are not removed within a reasonable time, the Carrier may charge a reasonable amount as storage costs. If the Passenger does not remove them within three months of their availability, the Carrier may dispose of it without any liability towards the Passenger.
(b) Only the bearer of the Baggage tag and Baggage Label given to the Passenger at Baggage check-in is entitled to collect the Baggage. However, lack of presentation of the Baggage Label does not prevent the removal of luggage, if the Baggage tag is presented and if the Baggage can be identified in another way.
(c) If a person claiming a Baggage is not able to produce the Baggage tag and identify the Baggage by means of the Baggage Label, the Carrier will deliver the Baggage to such a person only provided that he establishes his rights thereto in a satisfactory manner; at the request of the Carrier, such person shall furnish adequate security to indemnify the Carrier against any loss, Damages or expenses that may result from such a delivery.
(d) Acceptance of Baggage by the holder of the Baggage tag, without claims on his part when delivered, is presumption that the Baggage was delivered in good condition and in accordance with the Transport contract
10. Animals
Animals are accepted for Transport only in the cabin and not in the hold under the following conditions:
(a) Dogs, cats, birds and other pets must be properly placed in a slatted crate and accompanied with valid documents, such as health and vaccination certificates and entry or transit permits; animals must weigh less than 6 kg. In the case of a bird, the cage should be covered with a fabric, if it is a rodent, the cage must be made of metal.
(B) If accepted as Baggage, the animal is transported in its crate, cage or basket whose dimensions do not exceed that of a hand luggage (l + w + h = 110 cm) so as to be placed under the seat. The container must be provided with a suitable closure system and ventilation holes. If the head of the animal is outside the cage, it should be muzzled. Its eventual food is not included in the Passenger's Baggage allowance, but is considered excess Baggage for which the Passenger must pay the rate in effect; the animal remains under the owner's responsibility throughout the flight and remains inside the container. The owner and the pet are not placed next to emergency exits.
(c) Guide dogs and their containers and food, accompanying blind Passengers and the physically disabled are carried free of charge in addition to the normal free Baggage allowance, in accordance with Carrier's Regulations, available on request
(d) The Carrier assumes no liability for injury, loss, delay, illness or death of such animals if their entry or transit is denied in any country or territory and for the Damage such animals may cause to third parties.
Passengers may carry Baggage allowance in accordance with and subject to the conditions and limits set out in these Conditions of Carriage, available on request from the Carrier and his Authorised Agents.
The Passenger states having full knowledge of the content of each of his luggage items.
The Passenger agrees not to let his Baggage remain unattended after the time when he has prepared them and not to accept objects from another Passenger or any other person.
The Passenger agrees not to travel with luggage entrusted to him by a third party.
2. Excess Baggage
Passengers must pay extra for the transportation of Baggage exceeding the allowance at the rates and conditions set by the Carrier and available to him on request.
3. Items Unacceptable as Baggage
Passenger must not place in his Baggage:
(a) Items that cannot be considered Baggage as defined in Article I of these Conditions
(b) Objects that may endanger the aircraft, persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) in addition to the regulations of the Carrier, available on request
(c) Objects whose transportation is prohibited by laws or regulations in any country of departure, destination, overflight or scheduled stops
(d) Items that the Carrier believes that their weight, dimensions or nature are unsuitable for transportation
(e) Live animals, except pets and provided the conditions of paragraph
10 of this Article are satisfied
(f) Fragile or perishable items, money, currencies, jewellery, works of art, precious metals, silverware, securities or other valuables, expensive clothes, optical or photo devices, electronic or telecommunications equipment or appliances, musical instruments, passports and identity documents, samples, business documents, manuscripts or securities, individualised or fungible
(g) Firearms and ammunition other than for hunting or sports or deactivated weapons collection. To be accepted as Checked Baggage, firearms and ammunition for hunting and sporting and deactivated collection weapons should not be loaded, must have the safety catch on and should be suitably packed. The Transport of ammunition is subject to the Dangerous Goods Regulations of ICAO and IATA, as specified in (b) above;
(h) If the objects mentioned in subparagraphs (a) to (g) of this paragraph are to be transported, regardless of whether their carriage as Baggage is prohibited or not, such transportation will be subject to the limitations of liability and the provisions of these Conditions of Carriage applicable to the carriage of Baggage.
4. Right to refuse Transport
(a) At any boarding and / or intermediate point, the Carrier may refuse the Transport as Baggage any unauthorised items listed in paragraph 3 of this Article and may also refuse to continue the carriage of such objects if he happens to discover them.
(b) Carrier may refuse to carry as Baggage any item because of its size, shape, weight, contents or character, or for operational, safety / security reasons or to preserve the comfort and convenience of the Passengers or crew.
5. Right of Inspection
For security / safety reasons, the Carrier may ask Passengers to undergo, along with their Baggage, a search or any type of inspection such as X-rays or others.
If the Passenger is not present or available, his Baggage may be inspected or searched in his absence to verify if he possesses, or if his Baggage contains objects referred to in paragraph 3 above, or any weapon or ammunition that was not presented to the Carrier, under paragraph 3 (g) above.
If the Passenger refuses to comply with such requests, the Carrier may refuse to Transport, him and his Baggage. If the said inspections Damage the Baggage and its contents or cause Damage to the Passenger, the Carrier is not liable, except in case of fault or negligence.
The Carrier may refuse to Transport Baggage for which the Passenger has refused to pay the extra charge.
6. Checked Baggage
(a) When the Passenger gives the Carrier his Baggage to check in, the Carrier takes custody and issues a Baggage Label for each piece of Checked Baggage.
(b) If the Carrier believes that the packing of a Baggage is inadequate, lacking or is in poor condition, he may refuse the luggage.
(c) Passengers must affix a personal identification on the Baggage before it is accepted by the Carrier.
(d) Checked Baggage is transported, as far as possible, in the same aircraft as that carrying the Passenger unless, for operating or security / safety reasons,
the Carrier decides that they will be transported on another flight.
In such a case, the Carrier will deliver the Baggage to flight’s arrival point, unless applicable law requires the Passenger to be present for customs clearance.
7. Unchecked Baggage
Carrier may impose maximum dimensions for Baggage that Passengers take into the cabin and limit their number. The Passenger is responsible for his personal effects and Unchecked Baggage that he keeps in the cabin. In case of destruction, loss, theft or Damage of Baggage, the liability of the Carrier is incurred and limited, only if the fault of the Carrier is proven by the Passenger, to the amount defined in Article XV (2) (c) of these conditions of the Carrier.
(a) Baggage which the Passenger carries into the cabin must be placed under the seat in front of the Passenger or in an enclosed storage space. The objects defined by the Carrier as being of excessive weight or size, hazardous to the safety or difficult to store may not be accepted in the cabin and must be loaded as Checked Baggage.
(b) Items that should not be transported in the hold (such as fragile musical instruments or other) and which do not comply with the provisions of (a) above, cannot be accepted for carriage in the cabin unless the Carrier has been duly notified in advance and has granted authorisation. The Transport of such objects may be payable separately.
8. Declaration of value and payment of extra charges
(a) If the Carrier offers this possibility, the Passenger may, for his Checked Baggage, declare in writing a value above the limit of liability specified in the Convention. In this case,
The Passenger may be charged the additional associated costs, at rates fixed by the Carrier and available on demand.
(b) The Carrier will refuse such a declaration of value, if one of the portions of the Transport must be performed by another Carrier who does not offer such a possibility.
9. Collection and Delivery of Baggage
(a) Passengers must collect their Baggage as soon as they are made available at destination or Voluntary stopover. If they are not removed within a reasonable time, the Carrier may charge a reasonable amount as storage costs. If the Passenger does not remove them within three months of their availability, the Carrier may dispose of it without any liability towards the Passenger.
(b) Only the bearer of the Baggage tag and Baggage Label given to the Passenger at Baggage check-in is entitled to collect the Baggage. However, lack of presentation of the Baggage Label does not prevent the removal of luggage, if the Baggage tag is presented and if the Baggage can be identified in another way.
(c) If a person claiming a Baggage is not able to produce the Baggage tag and identify the Baggage by means of the Baggage Label, the Carrier will deliver the Baggage to such a person only provided that he establishes his rights thereto in a satisfactory manner; at the request of the Carrier, such person shall furnish adequate security to indemnify the Carrier against any loss, Damages or expenses that may result from such a delivery.
(d) Acceptance of Baggage by the holder of the Baggage tag, without claims on his part when delivered, is presumption that the Baggage was delivered in good condition and in accordance with the Transport contract
10. Animals
Animals are accepted for Transport only in the cabin and not in the hold under the following conditions:
(a) Dogs, cats, birds and other pets must be properly placed in a slatted crate and accompanied with valid documents, such as health and vaccination certificates and entry or transit permits; animals must weigh less than 6 kg. In the case of a bird, the cage should be covered with a fabric, if it is a rodent, the cage must be made of metal.
(B) If accepted as Baggage, the animal is transported in its crate, cage or basket whose dimensions do not exceed that of a hand luggage (l + w + h = 110 cm) so as to be placed under the seat. The container must be provided with a suitable closure system and ventilation holes. If the head of the animal is outside the cage, it should be muzzled. Its eventual food is not included in the Passenger's Baggage allowance, but is considered excess Baggage for which the Passenger must pay the rate in effect; the animal remains under the owner's responsibility throughout the flight and remains inside the container. The owner and the pet are not placed next to emergency exits.
(c) Guide dogs and their containers and food, accompanying blind Passengers and the physically disabled are carried free of charge in addition to the normal free Baggage allowance, in accordance with Carrier's Regulations, available on request
(d) The Carrier assumes no liability for injury, loss, delay, illness or death of such animals if their entry or transit is denied in any country or territory and for the Damage such animals may cause to third parties.
ARTICLE IX: TIMINGS, DELAYS, CANCELLATION OF FLIGHTS
1. Schedules
The Carrier undertakes to do his best to carry the Passenger and his Baggage with diligence and respect the published schedules in effect on the date of travel.
However, the Carrier may be obliged to use a replacement aircraft or use the services of another Carrier. He may also be forced to change flight schedules, for reasons that are outside his control, consequently, the indicated times cannot be guaranteed. These schedules are not an element of the Contract of Carriage.
2. Cancellation, diversion, delays
If the Carrier cancels a flight or operates it with excessive delays compared to the planned schedule or does not stop at the point of Voluntary stopover or destination of a Passenger, or causes a Passenger to miss a connecting flight within the limits of a single Contract of carriage on which he had a Reservation, the Carrier must, in agreement with the Passenger:
(a) Carry the Passenger on another of his regular Passenger flights on which space is available without additional charge and where necessary, extend all the validity of the Ticket; or
(B) Reroute the Passenger to the destination indicated on the Ticket, in whole or in part, on his own scheduled services or the scheduled services of another Carrier, or by means of surface transportation.
3. Compensation for denied boarding in the event of scheduled overbooking
If, due to scheduled overbooking, the Carrier is not able to assign a seat for a Passenger holding a confirmed Reservation, he shall grant him a compensation, under the applicable law. If several laws or regulations apply, the Passenger will benefit from the one more favourable to him.
The Carrier undertakes to do his best to carry the Passenger and his Baggage with diligence and respect the published schedules in effect on the date of travel.
However, the Carrier may be obliged to use a replacement aircraft or use the services of another Carrier. He may also be forced to change flight schedules, for reasons that are outside his control, consequently, the indicated times cannot be guaranteed. These schedules are not an element of the Contract of Carriage.
2. Cancellation, diversion, delays
If the Carrier cancels a flight or operates it with excessive delays compared to the planned schedule or does not stop at the point of Voluntary stopover or destination of a Passenger, or causes a Passenger to miss a connecting flight within the limits of a single Contract of carriage on which he had a Reservation, the Carrier must, in agreement with the Passenger:
(a) Carry the Passenger on another of his regular Passenger flights on which space is available without additional charge and where necessary, extend all the validity of the Ticket; or
(B) Reroute the Passenger to the destination indicated on the Ticket, in whole or in part, on his own scheduled services or the scheduled services of another Carrier, or by means of surface transportation.
3. Compensation for denied boarding in the event of scheduled overbooking
If, due to scheduled overbooking, the Carrier is not able to assign a seat for a Passenger holding a confirmed Reservation, he shall grant him a compensation, under the applicable law. If several laws or regulations apply, the Passenger will benefit from the one more favourable to him.
ARTICLE X: REFUNDS
1. General
The refund of a Ticket, in whole or in part, will be made in accordance with laws and regulations in force and the tariff regulation applicable to the Passenger, under the following conditions:
(a) Except for the provisions of this paragraph, the Carrier is authorised to make the refund to the person who paid for the Ticket, upon presentation by the latter of satisfactory proof of such payment
(b) If a Ticket was paid for by someone other than the one whose name appears on the Ticket and if the Carrier has mentioned on the Ticket a restriction on reimbursement, the Carrier shall refund to the person who paid for the Ticket or to any person that he may appoint
(c) Except in case of loss of Ticket, the refund shall be made upon handing over to the Carrier
Passenger Coupon or Passenger Receipt and all unused Flight Coupons
(d) A reimbursement made to a person with the Passenger Coupon or Passenger Receipt and all unused Flight Coupons and presenting himself as the person entitled to a refund pursuant to subparagraphs (a) and (b) of this paragraph, is considered a proper refund and the Carrier is discharged from liability and any further claim for refund.
2. Involuntary refund (caused by the Carrier)
If the Carrier cancels a flight, does not operate a flight within the reasonable limits of the schedule, does not stop at the destination of the Passenger or at a scheduled Intermediate stop, or misses a connecting flight on which the Passenger had a Reservation, the refund will be:
(a) Equivalent to the fare paid, if no portion of the Ticket has been used
(b) At least the difference between the fare paid and the fare for the unused carriage, if a part of the Ticket has been used.
3. Voluntary refund (at the request of the Passenger)
If the Passenger is entitled to a refund of his Ticket for reasons other than those mentioned in paragraph (2) above, the amount of refund will be:
(a) An amount equal to the fare paid, less any service and cancellation charges if no portion of the Ticket has been used
(b) An amount equivalent to the difference between the fare paid and the fare applicable to the itinerary for which the Ticket has been used, less any processing and cancellation fees, if a part of the Ticket has been used.
The refunds referred to in this paragraph (3) shall not apply when they are excluded by government requirements or regulations of the Carrier, enforceable against the Passenger. This is particularly the case of Tickets bearing the words "non-refundable".
4. Right to refuse refund
Carrier may refuse a refund:
(a) After the expiry of the validity of the Ticket
(b) Of a Ticket which has been presented to him or to the authorities of a country as evidence of intention to depart from that country. The refund will be possible only if the Passenger provides satisfactory proof that he has permission to remain in the country or that he will leave via another Carrier, or by other means of Transport
(c) If a Passenger has not been admitted by the authorities of destination or those of any other point of his journey and because of this, he is returned to his boarding point
(d) In the case of a stolen, falsified or counterfeited Transport document
(e) In a currency other than that in which payment for the Ticket was made
(f) A Ticket labelled as "non-refundable".
5. Reimbursement currency
(a) All refunds are made in accordance with legal or regulatory provisions in force in the country where the Ticket was purchased or in the country where the refund is made. Subject to the above, the refunds are normally made in the currency of payment of the Ticket, but may also be made possibly in another currency, if the Carrier agrees and if the law does not prohibit it.
(b) If a refund in a currency other than the currency of payment is accepted by the Carrier, payment will be made at the exchange rate and in the manner provided by the Carrier.
6. Persons authorised to make refund
Refunds are made only by the issuer of the Ticket.
The refund of a Ticket, in whole or in part, will be made in accordance with laws and regulations in force and the tariff regulation applicable to the Passenger, under the following conditions:
(a) Except for the provisions of this paragraph, the Carrier is authorised to make the refund to the person who paid for the Ticket, upon presentation by the latter of satisfactory proof of such payment
(b) If a Ticket was paid for by someone other than the one whose name appears on the Ticket and if the Carrier has mentioned on the Ticket a restriction on reimbursement, the Carrier shall refund to the person who paid for the Ticket or to any person that he may appoint
(c) Except in case of loss of Ticket, the refund shall be made upon handing over to the Carrier
Passenger Coupon or Passenger Receipt and all unused Flight Coupons
(d) A reimbursement made to a person with the Passenger Coupon or Passenger Receipt and all unused Flight Coupons and presenting himself as the person entitled to a refund pursuant to subparagraphs (a) and (b) of this paragraph, is considered a proper refund and the Carrier is discharged from liability and any further claim for refund.
2. Involuntary refund (caused by the Carrier)
If the Carrier cancels a flight, does not operate a flight within the reasonable limits of the schedule, does not stop at the destination of the Passenger or at a scheduled Intermediate stop, or misses a connecting flight on which the Passenger had a Reservation, the refund will be:
(a) Equivalent to the fare paid, if no portion of the Ticket has been used
(b) At least the difference between the fare paid and the fare for the unused carriage, if a part of the Ticket has been used.
3. Voluntary refund (at the request of the Passenger)
If the Passenger is entitled to a refund of his Ticket for reasons other than those mentioned in paragraph (2) above, the amount of refund will be:
(a) An amount equal to the fare paid, less any service and cancellation charges if no portion of the Ticket has been used
(b) An amount equivalent to the difference between the fare paid and the fare applicable to the itinerary for which the Ticket has been used, less any processing and cancellation fees, if a part of the Ticket has been used.
The refunds referred to in this paragraph (3) shall not apply when they are excluded by government requirements or regulations of the Carrier, enforceable against the Passenger. This is particularly the case of Tickets bearing the words "non-refundable".
4. Right to refuse refund
Carrier may refuse a refund:
(a) After the expiry of the validity of the Ticket
(b) Of a Ticket which has been presented to him or to the authorities of a country as evidence of intention to depart from that country. The refund will be possible only if the Passenger provides satisfactory proof that he has permission to remain in the country or that he will leave via another Carrier, or by other means of Transport
(c) If a Passenger has not been admitted by the authorities of destination or those of any other point of his journey and because of this, he is returned to his boarding point
(d) In the case of a stolen, falsified or counterfeited Transport document
(e) In a currency other than that in which payment for the Ticket was made
(f) A Ticket labelled as "non-refundable".
5. Reimbursement currency
(a) All refunds are made in accordance with legal or regulatory provisions in force in the country where the Ticket was purchased or in the country where the refund is made. Subject to the above, the refunds are normally made in the currency of payment of the Ticket, but may also be made possibly in another currency, if the Carrier agrees and if the law does not prohibit it.
(b) If a refund in a currency other than the currency of payment is accepted by the Carrier, payment will be made at the exchange rate and in the manner provided by the Carrier.
6. Persons authorised to make refund
Refunds are made only by the issuer of the Ticket.
ARTICLE XI: BEHAVIOUR ON BOARD
1. If the Carrier believes that a Passenger, by his behaviour on board, endangers the aircraft, a person or property, prevents the crew from performing their duties, does not submit to recommendations of the crew, particularly if it concerns the use of tobacco, alcohol or drugs, or behaves in a way that leads or may lead, for other Passengers, for the crew or for any property in general, to a disturbance in their comfort or convenience, a Damage or injury, the Carrier or his employees can take towards this Passenger any measures they deem necessary, including coercive measures, to prevent the continuation of such conduct.
The Passenger may be disembarked, denied transportation for future travel at any point in the network and prosecuted for crimes or wrongdoing allegedly committed on board the aircraft. In this case, the Contract of Carriage is considered unilaterally broken by the Passenger.
2. For safety reasons, the Carrier may prohibit or restrict the use aboard the aircraft of electronic equipment such as, without limitation, cell phones, laptops, radios, electronic games, transmitting devices, radio controlled games and transmitter stations and other electronic or recording equipment.
However, hearing aids and pacemakers do not fall into these categories.
The Passenger may be disembarked, denied transportation for future travel at any point in the network and prosecuted for crimes or wrongdoing allegedly committed on board the aircraft. In this case, the Contract of Carriage is considered unilaterally broken by the Passenger.
2. For safety reasons, the Carrier may prohibit or restrict the use aboard the aircraft of electronic equipment such as, without limitation, cell phones, laptops, radios, electronic games, transmitting devices, radio controlled games and transmitter stations and other electronic or recording equipment.
However, hearing aids and pacemakers do not fall into these categories.
ARTICLE XII: PROVISIONS FOR RELATED SERVICES
1. Subject to applicable law, if, under a Contract of Carriage, the Carrier agrees to arrange for the provision of additional services, he will be liable to the Passenger for failure to provide only in case of fault for which he may be responsible.
2. If the Carrier provides ground transportation services, he will not be responsible for Damage to Passengers and their Baggage during Transport by road, rail or sea.
2. If the Carrier provides ground transportation services, he will not be responsible for Damage to Passengers and their Baggage during Transport by road, rail or sea.
ARTICLE XIII: ADMINISTRATIVE FORMALITIES
1. General
(a) Passengers are responsible for obtaining all necessary documents for the trip, including visas and special permits that may be required under the laws and regulations in force in the country of departure, destination or transit and must comply with the requirements of authorities of these countries regarding immigration and border control matters.
(b) The Carrier is not responsible for the consequences suffered by a Passenger who has not observed the obligations referred to in (a) above.
2. Travel documents
(a) The Passenger must present all entry, exit and transit documents, health and other documents required by the laws or regulations in force in the countries concerned and allow the Carrier to take copies if necessary at the discretion of the Carrier.
(b) The Carrier reserves the right to refuse carriage to any Passenger who has not complied with the laws and regulations or whose documents are not in order.
3. Refusal of entry
If a Passenger is denied entry into any country, he will have to pay all fees or fines imposed thereby on the Carrier by the authorities of the country concerned as well as the cost of transporting this Passenger from that country. Fares paid by the Passenger to reach the country where he was not admitted are not refunded by the Carrier.
4. Passenger's liability for fines and detention costs
If the Carrier is required to pay or deposit the amount of a fine or penalty or incur expenses of any kind due to the failure, deliberate or otherwise, by the Passenger to comply with the laws and regulations of countries concerned, or failure to produce the required documents, or the presentation of invalid documents, the Passenger, at the request of the Carrier will refund all sums paid or deposited and all expenditure thus incurred.
Carrier may use for such reimbursement the amounts that have been paid for unused carriage or any amounts paid by the Passenger and held by the Carrier.
5. Customs controls
If he is so required, the Passenger must attend the inspection of his Baggage, checked or unchecked, by customs or other Government officials.
The Carrier assumes no liability for loss or Damage, in respect of a Passenger who neglects to comply with this provision.
6. Security control
Passengers must submit to all security checks at the request of government officials, airport authorities or at the request of the Carrier or any other Carrier concerned.
The Carrier cannot be held liable for refusing to Transport a Passenger, particularly in cases where such refusal is based on the firm conviction that the law, regulations and / or applicable requirements made such refusal necessary.
(a) Passengers are responsible for obtaining all necessary documents for the trip, including visas and special permits that may be required under the laws and regulations in force in the country of departure, destination or transit and must comply with the requirements of authorities of these countries regarding immigration and border control matters.
(b) The Carrier is not responsible for the consequences suffered by a Passenger who has not observed the obligations referred to in (a) above.
2. Travel documents
(a) The Passenger must present all entry, exit and transit documents, health and other documents required by the laws or regulations in force in the countries concerned and allow the Carrier to take copies if necessary at the discretion of the Carrier.
(b) The Carrier reserves the right to refuse carriage to any Passenger who has not complied with the laws and regulations or whose documents are not in order.
3. Refusal of entry
If a Passenger is denied entry into any country, he will have to pay all fees or fines imposed thereby on the Carrier by the authorities of the country concerned as well as the cost of transporting this Passenger from that country. Fares paid by the Passenger to reach the country where he was not admitted are not refunded by the Carrier.
4. Passenger's liability for fines and detention costs
If the Carrier is required to pay or deposit the amount of a fine or penalty or incur expenses of any kind due to the failure, deliberate or otherwise, by the Passenger to comply with the laws and regulations of countries concerned, or failure to produce the required documents, or the presentation of invalid documents, the Passenger, at the request of the Carrier will refund all sums paid or deposited and all expenditure thus incurred.
Carrier may use for such reimbursement the amounts that have been paid for unused carriage or any amounts paid by the Passenger and held by the Carrier.
5. Customs controls
If he is so required, the Passenger must attend the inspection of his Baggage, checked or unchecked, by customs or other Government officials.
The Carrier assumes no liability for loss or Damage, in respect of a Passenger who neglects to comply with this provision.
6. Security control
Passengers must submit to all security checks at the request of government officials, airport authorities or at the request of the Carrier or any other Carrier concerned.
The Carrier cannot be held liable for refusing to Transport a Passenger, particularly in cases where such refusal is based on the firm conviction that the law, regulations and / or applicable requirements made such refusal necessary.
ARTICLE XIV: SUCCESSIVE CARRIERS
Carriage to be performed by several successive Carriers under a single Ticket or several Tickets issued in conjunction is considered a single transaction, each Carrier being responsible for the carriage he performs individually.
ARTICLE XV: LIABILITY FOR DAMAGES
1. General considerations
Unless otherwise specified in the TWIN JET regulations applicable to the Passengers, the responsibility of TWIN JET and each Carrier involved in the journey of the Passenger is determined by the Conditions of Carriage of the Carrier that issued the Ticket.
When incurred, the TWIN JET liability is exercised under the following conditions:
(a) The Carriage performed under these Conditions is subject to the liability rules specified by the Convention and the IATA Agreements referred to in Article I above and in Council Regulation (EEC) No 2027 of 9 October 1997 on the liability of air Carrier in case of accidents
(b) Except in respect of social protection agencies and similar organisations, the Carrier agrees to waive the liability limits set by the Convention in the event of death, injury or other bodily harm when the accident which caused the Damage occurred on board the aircraft or during any operations of embarking and disembarking.
The liability provisions described below are applied under the Convention and IATA Agreements as defined in Article I of these General Conditions of Carriage.
(c) To the extent that the following does not conflict with the other provisions of these Conditions and whether the Convention is applicable or not:
(I) TWIN JET responsibility is limited to Damage that occurred during flights where its Designator Code appears in the Coupon or the Ticket corresponding to the flight.
The Carrier which issues a Ticket or checks in the Baggage on the lines of another Carrier does so only as the latter’s representative. However, as regards Checked Baggage, the Passenger has a right of recourse against the first or last Carrier
(II) The liability of TWIN JET shall not exceed the amount of Damage proved and in any case, TWIN JET will not be liable for indirect Damage or any form of non-compensatory Damage
(III) TWIN JET is not responsible for Damage resulting from the observation by it of any legal or regulatory provisions, or failure of the Passenger to comply with those provisions;
(IV) Exclusions or limitations of TWIN JET liability apply to and benefit the Accredited Agents, employees and representatives of the Carrier and any person owner of the aircraft used by TWIN JET as well as agents, employees and representatives of such a person.
The total amount recoverable from the aforementioned persons may not exceed the amount of TWIN JET’s liability
(V) TWIN JET assumes no liability for Damage to Unchecked Baggage unless such Damage is caused by its fault
(VI) Unless expressly stated, nothing in these Conditions shall imply waiver of any exclusion or limitation of liability under the Convention and the laws and regulations in force.
2. Provisions applicable to International flights
(a) Personal injury:
(I) Scope of TWIN JET liability:
In accordance with Article 17 of the Convention, TWIN JET is liable for Damage sustained in case of death, injury or any other bodily harm suffered by a Passenger, if the accident which caused the Damage occurred on board the aircraft or during any embarkation and disembarkation and is subject to the liability exemptions specified below
(II) Exemptions of TWIN JET liability:
TWIN JET is not liable if it proves that:
- The Damage sustained in case of death, injury or any other bodily harm results from the physical or mental health of the Passenger, before the time of his embarkation by TWIN JET;
- That the fault of the Passenger injured, caused the Damage under paragraph (a) (i) above or contributed to it
- It has taken all measures to avoid the occurrence of the Damage or was unable to take such measures, according to Article 20.1 of the Convention.
(III) TWIN JET Waiver:
TWIN JET waives the provisions of Article 20.1 of the Convention for all claims of injury submitted by the victim or his dependents, whose total amount may be less than or equal to the prevailing rate per Passenger
(IV) Amount of compensable Damage:
The amount of liability of TWIN JET in case of death, injury or other bodily harm to a Passenger, as defined in subsection (a) (i) above, is not subject to any limitation and will be compensated based on the evaluation of direct injury of a Passenger by mutual agreement, by an expert or by the competent courts.
As part of these provisions, TWIN JET will compensate Passengers above the amounts provided by the social insurance to which the Passenger is affiliated.
(V) TWIN JET reserves all rights to remedies and subrogation against all third parties
(VI) In the case of an air accident, as defined in Article 17 of the Convention and paragraph 2 (a) (I) of this Article and under Council Regulation (EEC) No 2027 cited above, the person identified as entitled to compensation will receive an advance for him to meet his immediate needs, in proportion to the hardship suffered, being specified that this advance will not be less than the equivalent at the prevailing rate per victim traveller, for death. This advance will be paid within fifteen Days of identification and will be deductible from the definitive amount of compensation owed to the injured Passenger.
(B) Delay:
(I) Characteristics of the Compensable Damage:
- The delay is not in itself a source of harm; only, proven direct Damage resulting directly from a delay is compensable, to the exclusion of all consequential Damage or any form of Damage other than compensable that the Passenger must establish as Damage resulting from delay.
(II) Extent of TWIN JET liability:
- TWIN JET is not liable for Damage resulting from the delay if it proves that it or its agents have taken all necessary measures to avoid the Damage or that it was impossible to take such measures
- TWIN JET is not responsible if the Damage arising from the delay is attributable to the Passenger.
(III) Scope of repair:
- The amount of compensation depends on the Damage proved by the Passenger, within the limits prescribed by the Convention
- In case of delay in delivery of Checked Baggage, TWIN JET will compensate the Passenger by flat rate fee towards immediate necessities resulting from delayed delivery of Baggage when the incident occurs outside the place of residence of the Passenger.
(C) Baggage:
(II) Exemptions of TWIN JET liability:
- TWIN JET is not liable for Damages to Baggage of a Passenger when these Damages are caused by objects contained in such Baggage. Any Passenger whose property causes Damage to another person or TWIN JET must compensate TWIN JET for losses and expenses incurred thereby
- TWIN JET incurs a special liability, limited to the estimable real value of the object, as provided in Article 22.2 of the Convention, for Damage and / or loss only on the objects listed in Article VIII / 3 above, if the Passenger has made the value declaration in accordance with Article VIII / 8 (a) above and has paid the corresponding surcharge.
(II) Amount of compensable Damage:
- For Checked Baggage and with the exception of acts or omissions done with intent to cause Damage or recklessly and with knowledge that Damage may result, liability of TWIN JET for Damage is limited to current rates, unless another limit of liability is applicable under the laws and regulations in force. If the weight of the Baggage is not indicated on the Baggage Tag, the total weight of checked Baggage is deemed not to exceed the free Baggage allowance for the class of carriage concerned, as specified by TWIN JET to the Passenger. If a higher value is declared in accordance with paragraph 8 (a) of Article VIII, responsibility TWIN JET will be limited to such declared higher value.
- For Unchecked Baggage allowed on board, the responsibility of TWIN JET may be invoked by the Passenger only if he provides proof of the fault of TWIN JET. This responsibility is then limited to current rates per Passenger.
3. Provisions applicable to Domestic flights
(a) For flights within French territory, the rules applicable to liability for Damage of TWIN JET is the one described for International flights above.
(b) For Domestic flights in a State other than France, the regime applicable to the liability of TWIN JET for Damage depends on the law or regulations of the State concerned.
Unless otherwise specified in the TWIN JET regulations applicable to the Passengers, the responsibility of TWIN JET and each Carrier involved in the journey of the Passenger is determined by the Conditions of Carriage of the Carrier that issued the Ticket.
When incurred, the TWIN JET liability is exercised under the following conditions:
(a) The Carriage performed under these Conditions is subject to the liability rules specified by the Convention and the IATA Agreements referred to in Article I above and in Council Regulation (EEC) No 2027 of 9 October 1997 on the liability of air Carrier in case of accidents
(b) Except in respect of social protection agencies and similar organisations, the Carrier agrees to waive the liability limits set by the Convention in the event of death, injury or other bodily harm when the accident which caused the Damage occurred on board the aircraft or during any operations of embarking and disembarking.
The liability provisions described below are applied under the Convention and IATA Agreements as defined in Article I of these General Conditions of Carriage.
(c) To the extent that the following does not conflict with the other provisions of these Conditions and whether the Convention is applicable or not:
(I) TWIN JET responsibility is limited to Damage that occurred during flights where its Designator Code appears in the Coupon or the Ticket corresponding to the flight.
The Carrier which issues a Ticket or checks in the Baggage on the lines of another Carrier does so only as the latter’s representative. However, as regards Checked Baggage, the Passenger has a right of recourse against the first or last Carrier
(II) The liability of TWIN JET shall not exceed the amount of Damage proved and in any case, TWIN JET will not be liable for indirect Damage or any form of non-compensatory Damage
(III) TWIN JET is not responsible for Damage resulting from the observation by it of any legal or regulatory provisions, or failure of the Passenger to comply with those provisions;
(IV) Exclusions or limitations of TWIN JET liability apply to and benefit the Accredited Agents, employees and representatives of the Carrier and any person owner of the aircraft used by TWIN JET as well as agents, employees and representatives of such a person.
The total amount recoverable from the aforementioned persons may not exceed the amount of TWIN JET’s liability
(V) TWIN JET assumes no liability for Damage to Unchecked Baggage unless such Damage is caused by its fault
(VI) Unless expressly stated, nothing in these Conditions shall imply waiver of any exclusion or limitation of liability under the Convention and the laws and regulations in force.
2. Provisions applicable to International flights
(a) Personal injury:
(I) Scope of TWIN JET liability:
In accordance with Article 17 of the Convention, TWIN JET is liable for Damage sustained in case of death, injury or any other bodily harm suffered by a Passenger, if the accident which caused the Damage occurred on board the aircraft or during any embarkation and disembarkation and is subject to the liability exemptions specified below
(II) Exemptions of TWIN JET liability:
TWIN JET is not liable if it proves that:
- The Damage sustained in case of death, injury or any other bodily harm results from the physical or mental health of the Passenger, before the time of his embarkation by TWIN JET;
- That the fault of the Passenger injured, caused the Damage under paragraph (a) (i) above or contributed to it
- It has taken all measures to avoid the occurrence of the Damage or was unable to take such measures, according to Article 20.1 of the Convention.
(III) TWIN JET Waiver:
TWIN JET waives the provisions of Article 20.1 of the Convention for all claims of injury submitted by the victim or his dependents, whose total amount may be less than or equal to the prevailing rate per Passenger
(IV) Amount of compensable Damage:
The amount of liability of TWIN JET in case of death, injury or other bodily harm to a Passenger, as defined in subsection (a) (i) above, is not subject to any limitation and will be compensated based on the evaluation of direct injury of a Passenger by mutual agreement, by an expert or by the competent courts.
As part of these provisions, TWIN JET will compensate Passengers above the amounts provided by the social insurance to which the Passenger is affiliated.
(V) TWIN JET reserves all rights to remedies and subrogation against all third parties
(VI) In the case of an air accident, as defined in Article 17 of the Convention and paragraph 2 (a) (I) of this Article and under Council Regulation (EEC) No 2027 cited above, the person identified as entitled to compensation will receive an advance for him to meet his immediate needs, in proportion to the hardship suffered, being specified that this advance will not be less than the equivalent at the prevailing rate per victim traveller, for death. This advance will be paid within fifteen Days of identification and will be deductible from the definitive amount of compensation owed to the injured Passenger.
(B) Delay:
(I) Characteristics of the Compensable Damage:
- The delay is not in itself a source of harm; only, proven direct Damage resulting directly from a delay is compensable, to the exclusion of all consequential Damage or any form of Damage other than compensable that the Passenger must establish as Damage resulting from delay.
(II) Extent of TWIN JET liability:
- TWIN JET is not liable for Damage resulting from the delay if it proves that it or its agents have taken all necessary measures to avoid the Damage or that it was impossible to take such measures
- TWIN JET is not responsible if the Damage arising from the delay is attributable to the Passenger.
(III) Scope of repair:
- The amount of compensation depends on the Damage proved by the Passenger, within the limits prescribed by the Convention
- In case of delay in delivery of Checked Baggage, TWIN JET will compensate the Passenger by flat rate fee towards immediate necessities resulting from delayed delivery of Baggage when the incident occurs outside the place of residence of the Passenger.
(C) Baggage:
(II) Exemptions of TWIN JET liability:
- TWIN JET is not liable for Damages to Baggage of a Passenger when these Damages are caused by objects contained in such Baggage. Any Passenger whose property causes Damage to another person or TWIN JET must compensate TWIN JET for losses and expenses incurred thereby
- TWIN JET incurs a special liability, limited to the estimable real value of the object, as provided in Article 22.2 of the Convention, for Damage and / or loss only on the objects listed in Article VIII / 3 above, if the Passenger has made the value declaration in accordance with Article VIII / 8 (a) above and has paid the corresponding surcharge.
(II) Amount of compensable Damage:
- For Checked Baggage and with the exception of acts or omissions done with intent to cause Damage or recklessly and with knowledge that Damage may result, liability of TWIN JET for Damage is limited to current rates, unless another limit of liability is applicable under the laws and regulations in force. If the weight of the Baggage is not indicated on the Baggage Tag, the total weight of checked Baggage is deemed not to exceed the free Baggage allowance for the class of carriage concerned, as specified by TWIN JET to the Passenger. If a higher value is declared in accordance with paragraph 8 (a) of Article VIII, responsibility TWIN JET will be limited to such declared higher value.
- For Unchecked Baggage allowed on board, the responsibility of TWIN JET may be invoked by the Passenger only if he provides proof of the fault of TWIN JET. This responsibility is then limited to current rates per Passenger.
3. Provisions applicable to Domestic flights
(a) For flights within French territory, the rules applicable to liability for Damage of TWIN JET is the one described for International flights above.
(b) For Domestic flights in a State other than France, the regime applicable to the liability of TWIN JET for Damage depends on the law or regulations of the State concerned.
ARTICLE XVI: TIME LIMIT FOR PROTESTS AND LIABILITY CLAIMS
1. Notification of protests for Baggage
The acceptance by the holder of the Baggage Label without protest means that the Baggage was delivered in good condition under the Contract of Carriage, unless proved otherwise by the Passenger.
In case of Damage to Checked Baggage (destruction, Damage) and pursuant to Article 26 of the Convention, a complaint must be made with the Carrier. In this case,
Passenger must protest when he discovers the Damage and at the latest within seven Days from the receipt of the Baggage.
In case of delay, this period is extended to twenty-one Days from the date the Baggage has been made available to the Passenger.
Upon receipt of the protest, the Carrier establishes a “report of Damage or loss", possibly with reserves.
2. Liability action for Passengers
Any action for Damages must be brought, under penalty of limitation, within two years of arrival at destination, or the date on which the arrival of the aircraft was scheduled or the Transport was stopped. The delay calculation mode is determined by the law of the Court ruling on the dispute.
3. Any claims or actions mentioned in paragraphs 1 and 2 above must be made in writing, within the time limits indicated.
The acceptance by the holder of the Baggage Label without protest means that the Baggage was delivered in good condition under the Contract of Carriage, unless proved otherwise by the Passenger.
In case of Damage to Checked Baggage (destruction, Damage) and pursuant to Article 26 of the Convention, a complaint must be made with the Carrier. In this case,
Passenger must protest when he discovers the Damage and at the latest within seven Days from the receipt of the Baggage.
In case of delay, this period is extended to twenty-one Days from the date the Baggage has been made available to the Passenger.
Upon receipt of the protest, the Carrier establishes a “report of Damage or loss", possibly with reserves.
2. Liability action for Passengers
Any action for Damages must be brought, under penalty of limitation, within two years of arrival at destination, or the date on which the arrival of the aircraft was scheduled or the Transport was stopped. The delay calculation mode is determined by the law of the Court ruling on the dispute.
3. Any claims or actions mentioned in paragraphs 1 and 2 above must be made in writing, within the time limits indicated.
ARTICLE XVII: MODIFICATION AND DELETION
No agent, employee or representative of the Carrier is authorised to change, modify or delete any provision of these Conditions of Carriage.