General Conditions of Carriage
Within these conditions and except as otherwise provided for herein, the following terms are used with the meaning given below:
Agreed Stopping Place means a stop scheduled by the Passenger during their journey, at a stopover located between the departure point and the arrival point, as shown on the Ticket or in the Schedules.
Air Carriage (or Air Travel) means the carriage of a Passenger and their Baggage, as defined by the applicable Convention.
Airline Designator Code means the code issued by the IATA, which identifies each carrier that is a member of this association using two or more alphabetical, numerical or alphanumeric characters and that is shown on the Ticket.
Authorised Agent means an individual or legal entity that is authorised by the Carrier to represent the Carrier in the sale of air carriage tickets for its services or for the services of another Carrier if said agent is so authorised.
Baggage means the effects and other personal items that accompany Passengers during their journey. Except as otherwise provided for, this term includes both Checked Baggage and Unchecked Baggage.
Baggage Check means the identification stub issued by the Carrier and attached to the Ticket, which pertains to the carriage of Checked Baggage.
Baggage Identification Form or Baggage Tag means a tag issued by the Carrier for the sole purpose of identifying Checked Baggage and that includes a portion that is affixed to the Baggage ("Baggage Tag") and another portion that is issued to the Passenger for the identification of said Baggage ("Baggage Check").
Beneficiary (see Person Entitled to Compensation)
Carrier means Air France, CityJet or any other carrier, for which the Designator Code appears on the Ticket or on a Conjunction Ticket.
Charter Contract means the operation whereby the contracting Carrier (contractual Carrier) delegates to another Carrier (actual Carrier) responsibility for performing all or part of the carriage and also means the commercial agreement whereby any other party that has contracted with the Passenger (for example a tour operator) entrusts the Carrier with performing all or part of the carriage.
Checked Baggage means Baggage of which the Carrier has agreed to take custody and for which a Baggage Check or identification form has been issued.
Check-In Deadline (CID) means the time limit, as specified for each flight and before which Passengers must have carried out their check-in formalities and received their boarding card or pass.
Code Share (see Code Share Flight)
Code Share Flight or "Code Share" means a flight operated by an Air Carrier that can be either the Carrier with which the Passenger concluded a contract (contracting Carrier or contractual Carrier), or another Carrier (Carrier providing the flight or actual Carrier) with which the contracting Carrier has associated its Designator Code.
Community Air Carrier means an Air Carrier that holds a valid operating licence issued by a Member State of the European Union, in accordance with the provisions of Regulation (EEC) No 2407/92 of 23 July 1992.
Conjunction Ticket means a Ticket issued to a Passenger in conjunction with another Ticket, which together constitute a single Contract of Carriage.
Contract of Carriage means the declarations and provisions attached to the Ticket or to the Itinerary and Receipt (Travel Memo), identified as such and that incorporate these General Conditions of Carriage, as well as notices to Passengers.
Convention means, as applicable:
(a) The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929.
(b) The Hague Protocol of 28 September 1955, which amended the Warsaw Convention.
(c) The Guadalajara Supplementary Convention, of 18 September 1961.
(d) Montreal Protocols 1, 2 and 4 (1975), which amended the Warsaw Convention.
(e) The Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999.
Coupon means a paper Flight Coupon or an Electronic Coupon, each of which bears the name of the Passenger who is to take the flight identified on the Coupon.
Damage includes the harm that arises in the event of death or bodily injury that a Passenger may suffer or that results from a delay, total or partial loss, or any other harm arising due to Air Carriage, as defined below, or that is in direct connection therewith.
Days mean the calendar days that include the seven days of the week, it being understood that in the event of notice being issued, the dispatch day is not included and that, in order to determine the validity of a Ticket, the date of Ticket issue or the flight departure date are not counted.
Electronic Coupon means an electronic Flight Coupon or any other document that has the same value, which is stored in digital format in the Carrier|s computerised reservation system.
Electronic Ticket means the Ticket saved by the Carrier or at its request by a computerised Reservation system and that is evidenced by the Travel Memo (also called the Itinerary and Receipt), issued by the Carrier or in its name, the electronic Flight Coupon or any other document that has the same value.
Fares mean the fares, costs and corresponding General Conditions of Carriage filed by a Carrier with the governments that require this. The Fares also include taxes, where required by the law in force.
Flight Coupon means the portion of the Ticket identified as being "valid for carriage" or, for Electronic Tickets, the Electronic Coupon that shows the exact points between which the Passenger must be carried.
Force Majeure means circumstances that are external to the party citing them and that are abnormal and unpredictable, the consequences of which could not have been avoided despite all the care and attention exercised.
IATA (International Air Transport Association) means the International Air Transport Association, created in April 1945 in Montreal, the purpose of which is to encourage the development of safe, regular and economical air carriage and to promote air services and study the problems related thereto.
Interior Flight or Domestic Flight means any flight for which the departure and arrival town are within the same State, within territorial continuity.
International Agreements (IIA and MIA) of the International Air Transport Association (IATA) mean the inter-carrier agreements on the liability of air carriers, signed on 31 October 1995 in Kuala Lumpur (IIA) and on 3 April 1996 in Montreal (MIA), which are applicable by carriers that have been members of the International Air Transport Association (see IATA) since 1 April 1997, and that are included in the legal scope of the international sources of law on carrier liability referred to under points (a) to (d) of the term "Convention" defined below.
International Flight means, as defined by the Convention, any flight for which the departure point and arrival point and, possibly, the stopover point, are located on the territory of at least two States that are parties to the Convention, notwithstanding stopovers or aircraft changes, or within a single State if a stopover is scheduled in another State, regardless of whether said other State is or is not party to the Convention.
Itinerary and Receipt (see Travel Memo)
Passenger(s) mean(s) any person, except members of the crew, who is carried or to be carried by plane, and who is in possession of a Ticket.
Passenger Coupon or Passenger Receipt means the portion of the Ticket, issued by the Carrier or in its name, which is identified as such and must be retained by the Passenger.
Passenger with Reduced Mobility means any person whose mobility is reduced when using transport because of any physical disability (sensory or locomotory, permanent or temporary), intellectual impairment, age or any other cause of disability, and whose situation needs special attention and adaptation to the person|s needs of the services made available to all Passengers.
Person Entitled to Compensation means the Passenger or any person who can claim compensation on behalf of said Passenger, in accordance with the applicable law.
Rail Flight/Sea Flight/Road Flight means "combined carriage" whereby Air Carriage and the other forms of carriage are sold together and may be performed under different liability systems.
Reservation means the fact that a Passenger is in possession of a Ticket, or other proof, which states that the Reservation has been accepted and recorded by the Air Carrier or tour operator.
Schedules or Schedule Indicators mean the list of departure and arrival times for the aircraft, as shown in the schedule guides published by the Carrier, or under its authority, or as brought to the attention of the public by electronic means.
Security Item means any object that, for security or safety reasons, cannot be transported, in accordance with the law in force.
Special Declaration of Interest means the Declaration made by the Passenger when handing over the Baggage to be checked, which specifies a value that is higher than that fixed as a liability limit by the Convention, in consideration for the payment of a surcharge.
Special Drawing Right (SDR) means a unit of account of the International Monetary Fund (IMF) the value of which is periodically defined by the IMF, on the basis of the listed prices of several reference currencies.
Stopovers mean the points, with the exception of the points of departure and arrival, shown on the Ticket or mentioned in the Schedules as stopovers planned on the Passenger|s itinerary.
Ticket means a valid document that establishes the right to carriage, in the form of an "individual or group travel voucher", which may be completed by a Baggage Check or an identification form for Checked Baggage, or by equivalent means in a dematerialised form, including electronic, that is issued or authorised by the Air Carrier or its Authorised Agent *. The Ticket evidences the Contract of Carriage, includes the Flight Coupons, the Passenger Coupons, notices to passengers and incorporates these General Conditions of Carriage.
Travel Memo (or also Itinerary and Receipt) means one or more documents that the Carrier issues to the Passenger, where the Passenger uses an Electronic Ticket that bears their name, information on the flight and notices to Passengers. The Travel Memo may also be termed "Itinerary and Receipt".
Unchecked Baggage or "Cabin Baggage" means all Baggage, other than Checked Baggage. This Baggage remains in the custody of the Passenger.
* Regulation (EC) No 261/2004
Scope of application
1. General Provisions
(a) The conditions of the Contract of Carriage are the conditions to which the Passenger|s Ticket refers.
Subject to the provisions of paragraphs 2 and 4 below, these General Conditions of Carriage apply to all flights, or portions of flights, for which the Air France or CityJet Designator Code appears in the "Carrier" box of the Ticket or of the corresponding Coupon.
(b) These General Conditions of Carriage also apply to free or reduced-fare carriage, except as otherwise provided for in the Contract of Carriage or in any other contractual document that links Air France to the Passenger.
(c) All carriage is subject to the General Conditions of Carriage and to the Carrier|s fare regulations in force when the Ticket is issued or, if said date cannot be determined, when the carriage covered by the first Ticket Flight Coupon starts.
(d) These General Conditions of Carriage have been drawn up pursuant to the Montreal Convention of 28 May 1999 and the European law in force.
If the carriage is performed pursuant to a Charter Contract, these Conditions shall only apply to the extent that they are attached to, incorporated in or mentioned by reference or otherwise, in the Charter Contract or in the Ticket.
3. Code Shares
Certain flights or air services provided by the Carrier are liable to fall under a Code Share agreement with other Air Carriers. In these cases, a Carrier other than that indicated on the Ticket (and with which the Passenger may possible have made their Reservation) may operate the air service concerned. If such arrangements apply, the Passenger shall be informed of the identity of said Carrier, at the time of Reservation or at the latest during check-in. These conditions of the Contract of Carriage are also valid for this type of carriage.
4. Predominance of the Law
These General Conditions of Carriage are applicable to the extent that they are not contrary to the law in force or to the filed Fares, in which case, said law or said Fares shall prevail. Any invalidation of one or more provisions of these General Conditions of Carriage shall not have any effect on the validity of the other provisions.
1. General Provisions
(a) The Ticket evidences, until proof of the contrary, the existence of the conclusion and content of a Contract of Carriage between the Carrier and the Passenger whose name is shown on the Ticket.
(b) The carriage service is only provided to the Passenger named on the Ticket. The Carrier reserves the right to check the identity documents of its Passengers.
(c) A Ticket may not be transferred, subject to the applicable law in force, in particular concerning package holidays. If a person other than the person who is to travel presents a Ticket for carriage or refund purposes, the Carrier shall not assume any liability if, while acting in good faith, it carries or refunds the person who presents the Ticket.
(d) Certain Tickets, which are sold at reduced fares, are partially or totally non-refundable. It is up to the Passenger to consult the conditions applicable to the use of their Ticket and, where applicable, to take out the appropriate insurance to cover the circumstances under which they would have to cancel their journey.
(e) If a Passenger possesses a Ticket, as described in paragraph (d) above, which they have not used and if it is impossible for them to travel for reasons of Force Majeure, as defined in Article I, the Carrier shall credit the Passenger for the amount of their non-refundable Ticket, for a subsequent journey and subject to reasonable administrative fees, provided that the Passenger informs the Carrier as soon as possible prior to the date of the flight and provides proof of such instance of Force Majeure.
(f) As the Ticket is subject to mandatory formal conditions, the Ticket shall at all times remain the property of the issuing Carrier.
(g) With the exception of Electronic Tickets, Passengers may only be carried if they are able to present a valid Ticket that contains the Coupon that corresponds to the flight concerned and all other unused Coupons, as well as the Passenger Coupon. Moreover, a Ticket that is damaged or has been modified by a person other than the Carrier or one of its Authorised Agents shall not be valid for carriage. For Electronic Tickets, Passengers must provide proof of identity and shall only be carried on a flight if a valid Electronic Ticket was issued in their name.
(h) In the event of the loss of or damage to all or part of the Ticket or if a Ticket is not presented that contains the Passenger Coupon and all the unused Flight Coupons, the Carrier shall replace, at the Passenger|s request, all or part of said Ticket. The replacement will be in the form of a newly-issued Ticket, provided that when the request is made, the Carrier has proof that a valid Ticket was issued for the flight(s) concerned and that the Passenger provides their written agreement to compensate the Carrier, in the event of the fraudulent use of the Ticket and within the limit of the price thereof, for all fees and expenses incurred due to said fraudulent use. No reimbursement shall be claimed if said fees and expenses were caused by the Carrier|s fault. Lastly, the Carrier that issues the Ticket may invoice the Passenger for reasonable administrative fees in order to re-issue the Passenger|s Ticket, unless the loss or damage is caused by the fault of the Carrier or its Agent.
(i) If the proof mentioned in paragraph (h) above is not provided or if the Passenger refuses to undertake to compensate the Carrier, the Carrier that issues the Ticket may cause the Passenger to pay the total price of the replacement Ticket. This payment will be refunded when the Carrier has proof that the lost or damaged Ticket was not used during its validity period or, if, during said same period, the Passenger finds the original Ticket and remits it to the Carrier.
(j) It is the Passenger|s responsibility to take all measures to ensure that the Ticket is not lost or stolen.
(k) If a Passenger benefits from a fare reduction or a fare that is subject to specific conditions, the Passenger must be in a position, at all times during their journey, to provide appropriate supporting documents and to prove the validity thereof.
2. Validity Period
(a) Except as otherwise provided for in the Ticket or in these General Conditions of Carriage, or, for Fares that affect the validity period of a Ticket, as stated on the Ticket itself, a Ticket is valid for carriage:
- for one year, as from the date of issue thereof, or,
- for one year, as from the date of use of the first Coupon, if such use occurs within one year of the issue thereof.
(b) If a Passenger is unable to travel during the validity period of their Ticket because, when the Passenger requests a Reservation on a flight, the Carrier is not in a position to confirm the Reservation requested by the Passenger, the validity of said Ticket shall be extended or the Ticket may give rise to a refund, under the conditions provided for in Article X below.
(c) If, after having started their journey, a Passenger is prevented, for health reasons, from continuing their journey during the validity period of the Ticket, the Carrier may extend the validity of the Ticket upon presentation of an appropriate medical certificate, until the date on which the Passenger is once again in a position to travel or until the date of the first available flight. Said extension shall only start at the point at which the journey was interrupted and shall be valid for carriage in the class of the fare paid. If the unused Flight Coupons contain one or more agreed stopping places, the validity of the Ticket may be extended by three months at the most, as from the date shown on the medical certificate submitted. In the same way, the Carrier shall extend the validity of the Tickets of the immediate family members who are accompanying the Passenger.
(d) In the event of the death of a Passenger during a journey, the Tickets of the persons who are accompanying the deceased Passenger may be changed, either by waiving any minimum stay requirements or by extending the validity of said Tickets. In the event of the death of an immediate family member of a Passenger whose journey has started, the validity of their Tickets and of those of the members of their immediate family travelling with them may be changed in the same way.
(e) Any change mentioned in paragraph (d) above may only be made after receipt of a valid death certificate. Any extension cannot exceed forty-five (45) days as from the date of death.
3. Coupon Order of Use
(a) Carrier will honour Coupons only in sequence from the Place of Departure as shown on the Ticket. The fare that the Passenger paid corresponds to the route stated on the Ticket and the usage of the complete routing shown on the Ticket forms an essential part of the Contract of Carriage. The Contract of Carriage excludes the cancellation of individual parts (Coupons) of the journey. Except as otherwise provided for in the Fare conditions, the Ticket will not be accepted and shall lose all value and validity if the Coupons are not used in the order in which they are issued (for example if the Passenger does not use the first Coupon and embarks at a point which is not the Place of Departure, or embarks at an airport mentioned in the Ticket without having used any of the previous Coupon(s)). (b) A change in the departure or arrival point for the journey by the Passenger (for example, if the Passenger does not use the first Coupon), may result in a change in fare or, where applicable, may be subject to the payment of an additional fare. Numerous fares are only valid on the dates and for the flights specified on the Ticket. Where applicable, said fares may be changed, subject to the payment of an additional fare.
4. Changes Requested by a Passenger
(a) If the Passenger wishes to change all or part of their journey, they must first make contact with the Carrier. The fare will be recalculated and the Passenger will then have the possibility of accepting the new price or keeping the original carriage, as shown on the Ticket.
If a Passenger has to change their Ticket due to a reason that constitutes Force Majeure, as defined in Article I and for which they will be requested to provide proof, the Passenger must, as soon as possible, make contact with the Carrier, which shall use reasonable efforts to ensure carriage to the next Stopover or to the Passenger|s destination, without any change in fare.
(b) If a Passenger changes their journey without the Carrier|s agreement, the Carrier shall adjust the fare in light of this change. The Passenger must then pay the difference between the fare that corresponds to the journey purchased and the price of the new journey. If the new fare is less than the previous fare, the Carrier shall refund the difference, however the old Coupons, in any event, shall no longer have any value.
(c) Each Ticket Flight Coupon shall be valid for carriage in the class specified on the Ticket, on the date and for the flight that corresponds to the Reservation made. If a Coupon is originally issued without reference to a Reservation, a Reservation may be made subsequently, in accordance with the fares in force and within the limit of the seats available on the flight requested.
5. Identification of the Carrier
The Carrier identification may be shown as an abbreviation on Ticket, using its Designator Code (as defined in Article I) or in any other form. The Carrier|s address is deemed to be that of its registered office or principal place of business.
Fares, taxes, fees and Charges
Except as otherwise provided for, Fares apply solely to the carriage from the airport at the point of departure to the airport at the point of arrival. Fares do not include ground carriage between airports and between airports and town terminals. The Fare shall be calculated in accordance with the Fares in force on the Ticket purchase date, for a journey scheduled on the dates and for the itinerary shown on said Ticket. Any change in itinerary or journey date may have an impact on the applicable Fare.
The applicable Fares are those published by the Carrier or calculated thereby, in accordance with the fare regulations in force for the flight(s) shown on the Ticket from the departure point to the arrival point, for a given class of carriage, on the Ticket purchase date.
Except as otherwise provided for in the Contract of Carriage or in any other contractual document, the Fares shall apply exclusively to the journey provided for in said Contract or in said document.
2. Fees, taxes and charges
All fees, taxes or charges imposed by governments, by any other authorities or by the airport operator shall be paid by the Passenger. When purchasing their Ticket, Passengers will be informed of said fees, taxes or charges, which will be charged in addition to the Fares and, in most cases, will be shown separately on the Ticket. Said fees, taxes and charges may be created or increased after the Ticket purchase date. In this case, the Passenger must pay the corresponding amount. Inversely, if the fees, taxes and charges are reduced or abolished, the Passenger may be refunded for the reduced or abolished amounts.
3. Payment Currency
The fares, taxes, fees and charges are payable in the currency of the country where the Ticket was purchased, unless another currency is specified by the Carrier or its Authorised Agent, when the Ticket is purchased or beforehand (for example, due to local currency not being convertible). Moreover, the Carrier may, at its discretion, accept payments in another currency.
Limitation of liability
This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention, and it does not form part of the contract between the carrier(s) and you. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.
When reading the notice please bear in mind the following. The notice is inaccurate in stating that for damages up to 100,000 SDRs the air carrier cannot contest claims for compensation. Under the Regulation and the Montreal Convention the position is as follows: for damages up to 100,000 SDRs in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, the carrier cannot exclude or limit its liability except where there is contributory negligence. Also the limit of the air carrier's liability for baggage delays, destruction, loss or damage to baggage is 1,000 SDRs in total. The statement that if the name or code of an air carrier is indicated on the ticket, that carrier is the contracting carrier, does not apply in all cases.
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £82,000 or EUR123,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, the air carrier must make an advanced payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately £13,000 or EUR20,000).
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures.
The liability for passenger delay is limited to 4,150 SDRs (approximately £3,500 or EUR5,100).
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximately £820 or EUR1,230).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately £820 or EUR 1,230). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. EC261/2004 (as amended by Regulation (EC) No. 889/2002 and national legislation of the Member States.