General Conditions of Carriage
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.
(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
The liability of CityJet shall be limited to that set forth in:
- Council Regulation (EC) No 2027/97 as amended by Regulation (EC) No 889/2002 on air carrier liability in the event of accidents;
- the Montreal Convention for the unification of certain rules relating to international carriage by air; and
- Regulation (EC) 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights,
To the extent permitted by law, all other liability is hereby expressly excluded.
The following notice is required by law but cannot be used as a basis for a claim for compensation nor to interpret the provisions of any Regulation or Convention:
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.