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General Conditions of Sale and Carriage

ARTICLE I – DEFINITIONS

 

ARTICLE II – FIELD OF APPLICATION

1.   Overview
2.   Chartering
3.   Code sharing
4.   Predominance of the law
5.   Primacy of the French version

 

ARTICLE III – TICKETS

1.   General provisions
2.   Duration of validity
3.   Order of use of Coupons
4.   Modifications at the Passenger's request
5.   Exceptional circumstances
6.   Identification of the Carrier

 

ARTICLE IV – FARES, FEES, TAXES AND CHARGES

1.   Fares
2.   Fees, taxes and charges
3.   AIR CARAÏBES Service Fees
4.   Payment currency

 

ARTICLE V – BOOKINGS

1.   Booking requirements
2.   Deadline for Ticket issue
3.   Seat allocation
4.   Services provided on board
5.   Aircraft type
6.   Specific services

 

ARTICLE VI – PERSONAL DATA

 

ARTICLE VII – PAYMENT

1.   Payment methods
2.   Remote payment (Internet and telephone) by bank card
3.   Payment in installments (up to 4 times) at some agencies
4.   Payment in installments (up to 4 times) on the Carrier's website
5.   Disputing payment after issue

 

ARTICLE VIII – CHECK-IN/BOARDING

1.   Check-in deadlines
2.   Check-in conditions
3.   Passenger No Show
4.   Boarding
5.   The Carrier's liability

 

ARTICLE IX - REFUSAL AND LIMITATION OF CARRIAGE

1.   Right to refuse carriage and to prohibit future carriage
2.   Special assistance

 

ARTICLE X – BAGGAGE

1.   The Passenger's obligations
2.   Prohibited items
3.   Right to refuse carriage
4.   Right of inspection
5.   Checked Baggage
6.   Unchecked Baggage or Cabin Baggage
7.   Pets

 

ARTICLE XI – SCHEDULES, DELAYS, FLIGHT CANCELATIONS

1.   Schedules
2.   Cancelation, re-routing, delays
3.   Overbooking and downgrading

 

ARTICLE XII – REFUNDS

1.   Overview
2.   Right to refuse refunds
3.   Refund currency
4.   Persons authorized to issue refunds

 

ARTICLE XIII – BEHAVIOR ON BOARD

 

ARTICLE XIV – PROVISIONS FOR ANCILLARY SERVICES

 

ARTICLE XV – SUCCESSIVE CARRIERS

 

ARTICLE XVI – ADMINISTRATIVE FORMALITIES

1.   Overview
2.   Travel documents
3.   Refusal of entry
4.   Passenger's liability for fines, detention costs, etc.
5.   Customs controls
6.   Security control

 

ARTICLE XVII – LIABILITY FOR DAMAGES

1.   Overview
2.   Liability for personal injury
3.   Liability in the event of delay
4.   Liability for Baggage

 

ARTICLE XVIII - TIME LIMITS FOR COMPLAINTS AND ACTIONS FOR LIABILITY

1.   Notification of complaints relating to Baggage
2.   Actions for liability by Passengers

 

ARTICLE XIX – RIGHT OF WITHDRAWAL

 

ARTICLE XX – AMENDMENTS AND DELETIONS

 

ARTICLE XXI – DISPUTES AND APPLICABLE LAW

 

 

 

 ARTICLE I – DEFINITIONS

For the interpretation of these conditions, except where defined elsewhere in the text, the following terms when used with a capital letter have the meanings below:

International Air Transport Association (IATA) International Agreements (IIA and MIA) refers to the inter-airline agreements on the responsibility of air carriers, signed on 31 October 1995 in Kuala Lumpur (IIA) and 3 April 1996 in Montreal (MIA), which have been applicable by member carriers of the International Air Transport Association (see IATA) since 1 April 1997 and are part of the legal framework of international texts on the responsibility of the carrier referred to under points (a) to (d) of the term “Convention” defined below.

 

Authorized or Approved Agent refers to a natural or legal person approved by the Carrier to represent it in the sale of air tickets using its services. The Carrier may be designated as an Authorized Agent if it has sold AIR CARAÏBES travel tickets to the Passenger, particularly via its website, its telephone booking center or its physical AIR CARAÏBES sales outlets.

 

Pets refers to domestic animals accompanying the Passenger, either in the cabin or in the hold, whether the Passenger is the animal’s owner or a natural person responsible for the animal on behalf of its owner during the journey.

 

Voluntary Stop or Stopover refers to a stop scheduled by the Passenger during their journey, a stopover between the departure point and the destination point on the Ticket or in the Schedules.

 

Entitled person (see “Person entitled to compensation”)

 

Baggage refers to personal effects and other items accompanying the Passenger on their journey. In the absence of provisions to the contrary, this term refers to both Checked Baggage and Unchecked Baggage.

 

Checked Baggage refers to Baggage accepted into the care of the Carrier, for which it has issued a Baggage Registration Voucher.

 

Unchecked Baggage or Cabin Baggage refers to all Baggage other than Checked Baggage. Unchecked Baggage remains in the care of the Passenger.

 

Baby refers to any child who has not reached their second birthday on the date of travel.

 

Ticket refers to a valid document proving the Passenger’s right to transport in the form of a paperless ticket, including electronic, issued or authorized by the Authorized Agent. It gives form to the Contract of Carriage, includes the Flight Coupons, Passenger Coupons and notices to passengers and refers to these General Conditions of Carriage.

 

Ticket in Conjunction refers to a Ticket issued for the Passenger in conjunction with another Ticket, with the two together constituting a single Contract of Carriage.

 

Electronic Ticket refers to the Ticket stored in the Carrier’s booking system. The Travel Memo (also called the Route Receipt) issued by or in the name of the Carrier certifies the existence of this electronic ticket.

 

Baggage Registration Voucher refers to the identification voucher issued by the Carrier when the baggage was checked in.

 

Exceptional Circumstance refers to an unusual or unforeseen circumstance outside the Passenger’s control and/or whose consequences they cannot avoid.

 

Airline Designator refers to the code allocated by IATA identifying each of its member carriers with two or more alphabetic, numeric or alphanumeric characters and featuring on the Ticket next to the flight number. The code allocated to AIR CARAÏBES is “TX”.

 

Code Sharing (see “Code-Share Flights”)

 

Chartering Contract refers to the operation by which the contracting Carrier that has agreed a Contract of Carriage with the Passenger (Contracting Carrier) delegates the responsibility for providing all or part of the transport to another Carrier (Actual Carrier). Also refers to the commercial agreement by which any other party contracting with the Passenger (such as a travel organizer) entrusts the responsibility for providing all or part of the transport to a Carrier.

 

Contract of Carriage refers to the declarations and stipulations attached to the Ticket or the Route Receipt (Travel Memo), identified as such and incorporating these General Conditions of Sale and Carriage and the notices to Passengers.

 

Convention, depending on the case, refers to:
(a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on October 12, 1929.
(b) the Hague Protocol of September 28, 1955, amending the Warsaw Convention.
(c) the Guadalajara Convention of September 18, 1961.
(d) the Montreal Protocols Nos. 1, 2 and 4 (1975), amending the Warsaw Convention.
(e) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Montreal on May 28, 1999.

 

Coupon refers to a Flight Coupon bearing the name of the Passenger who is to take the flight identified on the Coupon.

 

Electronic Coupon refers to an electronic Flight Coupon or any other document of similar value held in the Carrier's database.

 

Flight Coupon refers to the Electronic Coupon indicating the specific points between which the Passenger must be carried.

 

Declaration of Value or Special Declaration of Interest refers to the Declaration made by the Passenger when handing over the Baggage to be checked in, specifying a value higher than that set as the limit of liability provided for in the Convention, and subject to the payment of an additional sum.

 

Damage covers the harm done in the event of the death or physical injury a Passenger could suffer or resulting from a delay, a total or partial loss or any other harm occurring as a result of or directly related to Air Carriage, as defined below.

 

Special Drawing Right (SDR) refers to a unit of account of the International Monetary Fund (IMF) whose value is determined periodically by the IMF.

 

Intermediate Stops refers to any points, other than the departure and destination points, indicated on the Ticket or mentioned on the Schedule as planned stopovers on the Passenger’s itinerary.

 

Baggage Label or Tag refers to the part of the Identification Form affixed to Checked Baggage.

 

Identification Form refers to a document issued by the Carrier for the sole purpose of identifying Checked Baggage and comprising a part affixed to the Baggage ("Baggage Label" or "Tag") and another given to the Passenger for the identification of the Baggage ("Baggage Registration Voucher").

 

Force Majeure refers to all circumstances beyond the control of the Carrier that could not be avoided despite all legitimate measures being taken, and as a result of which the Carrier's Passenger can no longer legitimately expect the Carrier to perform the contract. These circumstances include political instability (war, insurrection, airport closures, embargos, sequestration, hostilities, international unrest, government directives), weather conditions that prevent the flight from proceeding (floods, earthquakes, hurricanes, thick fog, violent storms, snow or ice on the take-off or landing runway), risks to Passenger safety (terrorist attacks, bomb threats, hijacking, requisitioning of the aircraft or seats during the flight based on an official mandate, fire or explosion, sabotage), unexpected problems with flight safety (such as mechanical faults, missing or non-operational airport equipment due to reasons such as faults in navigation systems, the de-icer, congestion at the X-ray machines, failures of air information systems), detours/areas avoided due to illness or a birth on board and/or recalcitrant Passenger(s), epidemics, strikes affecting the Carrier’s organization or air traffic control decisions relating to a specific aircraft on a specific day, resulting in long delays or cancelations of several flights involving the aircraft.

 

Issue Fees or Ticketing Fees (cf. "Service Fees")

Modification Fees (cf. "Service Fees")

Refund Fees (cf. "Service Fees")

 

Service Fees refers to fees charged, if any, to the Passenger by the Authorized Agent in consideration of the issuance ("Issue Fee"), modification ("Modification Fee"), refund ("Refund Fee") or billing ("Billing Fee") of a Ticket. Their amount is set by the Authorized Agent.

The Passenger is informed by the Authorized Agent of the applicable Service Fee amount before the Booking is finalized. If the Authorized Agent is AIR CARAÏBES, these Service Fees are non-refundable.

 

Baggage Allowance refers to the maximum quantity of Baggage (in terms of number and/or weight and/or size) set by the Carrier with which each Passenger may travel. It may differ from one Company to another, from one leg of a journey to another and from one class of carriage to another. The Baggage Allowance for Hold Baggage is given in the Travel Memo.

 

Boarding Deadline refers to the time limit, indicated for each flight, before which the Passenger must report to the boarding gate.

 

Check-In Deadline or End of Check-In refers to the time limit, indicated for each flight, before which the Passenger must have completed the check-in formalities, including for Baggage, and be in possession of the boarding card. The Check-in Deadline thus does not correspond to the Passenger's arrival time at the airport.

 

Schedules or Schedule Indicators refers to the statement of aircraft departure and arrival times, as provided in the schedule guides published by or under the authority of the Carrier, or as made available to the public by electronic means.

 

IATA (International Air Transport Association) refers to the International Air Transport Association, founded in April 1945 in Montreal, whose mission is to encourage the development of safe, regular and economical air transport, promote air trade and study the associated problems.

 

Route Receipt (see "Travel Memo")

 

Days refers to calendar days, it being understood that in the case of a notification, the date of transmission is not counted and that, to determine the validity period of a Ticket, the Ticket issue date or the flight departure date is not counted.

 

Travel Memo or Route Receipt refers to one or more documents that the Carrier issues for the attention of the Passenger The Travel Memo contains information on the Passenger’s identity and the flight. It contains all the necessary elements to be treated as an invoice.

 

MAAS refers to a service to assist people who would have difficulty getting around the airport (people with reduced mobility, elderly people, people with disabilities) as well as children aged 12 to 17 inclusive.

 

No Show refers to a Passenger who does not check in or only arrives after the Check-In Deadline.

 

Passenger refers to any person carried or to be carried by air in possession of a valid Ticket, from the performance of the contract of carriage until its completion, excluding the members of the crew.

 

Passenger with Reduced Mobility refers to any person whose mobility is reduced when using a means of transport because of a physical disability (sensory or locomotor, permanent or temporary), a cognitive impairment, their age or any other cause of disability and whose situation requires special attention and the adaptation to their needs of the services made available to all Passengers.

 

Penalties refers to a fixed amount paid by the Passenger to modify or refund their ticket in the event that it is modifiable and refundable.

 

Person Entitled to Compensation or Rights-Holder refers to a Passenger or any person entitled to compensation in respect of a Passenger in accordance with applicable law.

 

Fare Adjustment refers to a supplement charged to the Passenger when a fare difference arises between the time of booking and the time of the request to modify the Ticket.

 

Baggage Receipt (see "Baggage Registration Voucher")

 

Booking refers to any request for transport made by a Passenger and registered by the Authorized Agent.

 

Tag (see "Baggage Label")

 

Fares refers to prices, fees and fare conditions. Fares described as including taxes do not include issue fees.

 

Air Transport refers to the carriage of the Passenger and their Baggage within the meaning of the applicable Convention.

 

Carrier refers to AIR CARAÏBES or any other carrier whose Designator Code appears on the Ticket or on a Ticket in Conjunction.

 

Contracting Carrier refers to the operator who enters into a contract of carriage with a Passenger or a representative of the Passenger.

 

Actual Carrier refers to the Carrier who operates the flight. This may be the contracting carrier or any other carrier acting on its behalf (code sharing, chartering, etc.).

 

Community Air Carrier means an air Carrier holding a operating license issued by a Member State of the European Union in accordance with the applicable European regulations.

 

UM (Unaccompanied Minor) refers to an unaccompanied child aged 4 to 17 (inclusive) traveling alone.

 

Direct Flight refers to a flight with a single flight number without change of aircraft, which may have intermediate or technical stops requiring passengers to leave the aircraft.

 

Code Share Flight refers to a flight operated by an Air Carrier that may be either the Carrier with whom the Passenger has entered into a contract of carriage (Contracting Carrier) or another Carrier (Flight Carrier or Actual Carrier) to which the Contracting Carrier has allocated its Designator Code.

 

Rail Flight/Sea Flight/Road Flight refers to "combined transport" in which Air Transport and other modes of transport are sold jointly and can be carried out under different liability regimes.

 

Interior Flight or Domestic Flight refers to any flight whose departure and destination points are located inside the same State, with territorial continuity.

 

International Flight refers, under the terms of the Convention, to any flight for which the departure and destination points and, if applicable, any stopover points are located in the territory of at least two States party to the Convention notwithstanding intermediate stops or changes of aircraft, or in only one State if an intermediate stopover is scheduled in another State, whether or not it is a party to the Convention.

 

WCHC (Wheelchair Cabin Seat) refers to a Passenger in a wheelchair who is unable to move about alone.

WCHR (Wheelchair Ramp) refers to a Passenger in a wheelchair who is able to walk alone.

WCHS (Wheelchair Steps) refers to a Passenger in a wheelchair who is able to walk alone but has difficulty with stairs.

 

ARTICLE II – FIELD OF APPLICATION

 

1.     Overview

(a) Subject to the provisions of paragraphs 2 to 4 below, these General Conditions of Carriage apply to any flight, or portion thereof, for which the AIR CARAÏBES Designator Code appears in the "Carrier" box on the corresponding Ticket or Coupon.

(b) These General Conditions of Carriage also apply to carriage provided free of charge or for a reduced fare, unless specified otherwise in the Contract of Carriage or in any other contractual document binding AIR CARAÏBES and the Passenger.

(c) These General Conditions of Carriage are established in accordance with French law, EU law, the Montreal Convention of May 28, 1999, and any other international convention that may apply.

(d) The acceptance by the Passenger of these General Conditions of Carriage automatically implies acceptance of the Additional Conditions of Carriage.

(e) All Transport is subject to the General Conditions of Sale and Carriage in force on the date of departure as indicated on the Electronic Ticket. The Carrier may modify these general terms and conditions at its discretion, and it is therefore the Passenger's responsibility to consult them regularly and before departure.

 

2.     Chartering

If the carriage is performed pursuant to a Chartering Contract, these Conditions apply only to the extent that they are attached, incorporated or mentioned by reference or otherwise in the Chartering Contract or in the Ticket.

 

3.     Code sharing

(a) Some of the Carrier’s flights or air services may be covered by a "Code Sharing" agreement with other Carriers. In such cases, a Carrier other than the one designated on the Ticket may operate the air service concerned.

(b) In this case, the Passenger will be informed of the identity of this Carrier at the time of Booking by the Authorized Agent, or at check-in at the latest.

(c) In any event, the General Conditions of Sale shall be those of the Company selling the Ticket and the General Conditions of Carriage shall be those of the Actual Carrier.

 

4.     Predominance of the law

These General Conditions of Carriage are applicable insofar as they are not contrary to the law in force or to the Fares filed, in which case, this law or these Fares would prevail. If any provisions of these General Conditions of Carriage are found to be invalid, this will not affect the validity of the other provisions unless the Contract of Carriage could not exist without the provision declared null and void, which would be decisive and essential to the existence of the said Contract.

 

5.     Primacy of the French version

These conditions may be translated into several languages. In the event of any contradiction between the French version of this text and any other translated version, the French version shall prevail, unless specified otherwise by locally applicable legislation.

 

ARTICLE III – TICKETS

1.     General provisions

(a) The Ticket certifies, until proved otherwise, the existence of a Contract of Carriage, in both its agreement and its content, between the Carrier and the Passenger whose name appears on the Ticket.

(b) The transport service is only provided to the Passenger designated on the Ticket. The Carrier reserves the right to carry out a documentary check of the identity of its Passengers at any time during the journey.

(c) The Passenger must provide proof of identity and will only be carried on a flight if a valid Electronic Ticket has been issued in their name.

(d) If the Passenger makes a mistake in the first name or surname of the Passenger or an accompanying person when Booking, spelling changes may be made by the Carrier for a Service Fee. Under no circumstances will a complete change of surname or first name be accepted.

(e) Tickets are not transferable on transatlantic flights, subject to applicable law, in particular concerning package travel.

(f) Certain Tickets, sold for specific fares, are partially or totally non-transferable and/or non-refundable. When booking, it is the Passenger's responsibility to ensure compliance with the conditions applicable to the use of their Ticket and, where relevant, to take out appropriate cancelation insurance or guarantees to cover the event that they have to modify or cancel their trip.

(g) If the Passenger benefits from a fare discount or a fare with special conditions, they must be able, at any time during the journey, to provide the appropriate supporting documents and demonstrate their validity. Failing this, a fare adjustment corresponding to the difference between the fare initially paid including tax and the fare that should have been paid including tax will be applied, or the Passenger may be denied boarding.

 

2.     Validity period

(a) Unless stated otherwise either in the Ticket or in these General Conditions of Sale and Carriage, or in the event of Fares affecting the validity period of a Ticket, as indicated on the Ticket itself, a Ticket is valid for:
·  one year from the original date of issue of the ticket or,
·  one year from the date use of the first Coupon, if it occurs within a year of the date of issue.
 
(b) When a Passenger in possession of a valid Ticket is prevented from traveling during the validity period of the Ticket because, when they request a Booking on a flight, the Carrier is unable to confirm the Booking requested by the Passenger:
- either the validity of the Ticket will be extended,
- or the Fare including tax for the Ticket will be refunded under the conditions provided for in article XII below, even if the Ticket is non-refundable,
- or the Passenger will accept a corresponding fare adjustment.

 

3.     Order of use of Coupons

(a) The Fare applied on the Ticket issue date is only valid for a Ticket used in full in the sequential order of the Flight Coupons, for the journey and on the dates indicated.

 
(b) If the Passenger does not arrive before the Check-In Deadline, the Ticket will be canceled by the Carrier. The No Show Passenger cannot be refunded the price of the unused Ticket. Nevertheless, the Passenger may still use the return flight if they: 

 - inform the Carrier no later than the day of departure of the first section
- pay financial compensation equal to eighty-five (85) euros
- pay the price supplement that the Passenger would have had to pay if they had purchased the return Ticket only, at the rate in effect on the date of the change request. 

(c) The Fare set on the basis of the data, flight dates and routes mentioned on the Ticket corresponds to a departure point and a destination point, via any intermediate stopover scheduled when the Ticket is purchased, and forms an integral part of the Contract of Carriage.

(d) Each Flight Coupon of the Ticket shall be valid for carriage in the class specified therein, on the date and for the flight corresponding to the Booking made.

(e) Except under special conditions applicable to certain Fares, if the Passenger wishes to modify all or part of their Journey, the Carrier will calculate the new fare corresponding to this change. The Passenger will then have the option of accepting the new price or maintaining the initial carriage as indicated on the Ticket.
 
(f) If the Passenger does not use their Flight Coupons in full and interrupts their journey early, the Passenger may be required to pay a fixed amount, indicated by the Carrier at the time of Booking, in order to recover their Checked Baggage.
 
(g) Any modifications that the Passenger wishes to make are subject to the fare conditions associated with their Ticket and to the payment of the applicable Service Fees.

 

4.     Modifications at the Passenger's request

(a) If the Passenger wishes to change all or part of their journey (schedules, departure or destination points of the journey, dates, booking classes, etc.), they must first contact the Carrier or the Authorized Agent who sold the ticket.

(b) Any change to all or part of the Passenger's journey (schedules, departure or destination points of the journey, dates, booking classes, etc.) may result in a change in the Fare initially paid by the Passenger. Many Fares are only valid for the dates and the flights indicated on the Ticket.
In the event of a change as described above, the Passenger may be required to pay an additional fare corresponding to the difference between the Fare including taxes initially paid and the Fare including taxes they should have paid when the Ticket was issued corresponding to the journey actually made by the Passenger. In the event of a change, Service Fees and penalties will be applied, if applicable.

 

5.     Exceptional circumstances

(a) In the event of a Passenger’s death during their journey, the Tickets of the persons accompanying the deceased may be modified, either by excluding the notion of a minimum stay or by extending the validity period of the Tickets. The modifications mentioned above can only be made after receipt of a death certificate in due form. The extension mentioned above will only begin at the point where the journey has been interrupted and will apply to carriage in the class of the Fare including taxes paid. No extension may exceed forty-five (45) days from the date of death.
 
(b) The Carrier may, at its sole discretion, decide to issue a credit note or refund or change the Passenger's booking under Exceptional Circumstances, on the understanding that the request and a copy of any supporting documents must be submitted by mail to the Carrier.

The response to any request for a credit note, refund or modification is at the sole discretion of the Carrier.

The Carrier therefore strongly recommends that Passengers take out adequate travel insurance to cover themselves against such circumstances.

 

6.     Identification of the Carrier

The identification of the Carrier may appear in abbreviated form on the Ticket, through its Designator Code (as defined in l´Article I) or in any other form.

The Carrier’s address is considered to be that of its registered office or principal place of operation.

 

ARTICLE IV – FARES, FEES, TAXES AND CHARGES

1.     Fares

The Fares apply only to transport from the departure airport to the destination airport. Unless otherwise indicated, they do not include surface transport between airports and between airports and city terminals, nor accommodation in the event of a transfer the following day. The Fare will be calculated in accordance with the Fares in effect on the date of purchase of the Ticket, for a journey scheduled on the dates and for the route indicated on the Ticket. Any change in route or travel date may affect the applicable Fare. If there are several possible routes for the same fare, the Passenger may specify the preferred route before the Ticket is issued. Failing this, the Carrier reserves the right to choose the route.
 
The applicable Fares are those calculated by the Carrier in accordance with the fare regulations in force for the flight(s) indicated on the Ticket from the departure point to the destination point, for a given class of carriage, on the date of purchase of the Ticket.
When the ticket is issued, the Passenger is informed of the Fare for the Ticket including taxes and the Issue Fees as well as the overall Ticket Fare (incorporating the Fare including taxes and the Issue Fees).
 
Unless stated otherwise in the Contract of Carriage or in any other contractual document, the Fares apply exclusively to the journey provided for in the Contract or document.

 

2.     Fees, taxes and charges

Any fees, taxes or charges imposed by a government, by any other authority or by the manager of an airport will be payable by the Passenger. When booking, the amount of any fees, taxes or charges is given as a guide. Only when the Ticket is paid for and issued will the Passenger will be informed of the final amount of these fees, taxes or charges, which are added to the Fares and, in most cases, appear separately on the Ticket. These fees, taxes and charges may be created or increased by a government, another authority or an airport manager after the Ticket Booking date. In this case, the Passenger will have to pay the corresponding amount. Conversely, if any fees, taxes or charges are reduced or waived, the Passenger may be refunded the reduced or waived amounts.
 
If a Passenger waives their right to travel on a flight for which they have a confirmed Booking, if the ticket is no longer valid and has not been used for travel, the Passenger will be entitled to a refund of any taxes, airport charges and other charges referred to above that are payable in respect of the Passenger’s actual boarding in accordance with the applicable regulations. Fuel surcharges will only be refunded for refundable Tickets. Refunds will be made no later than 30 days from the date of receipt of the request, which may be submitted by any means, including email to the following address: remboursement@aircaraibes.com .
Any request for a refund may give rise to the invoicing of costs that will not exceed 20% of the amount refunded, except in the case of a request submitted online.

 

3.     AIR CARAÏBES Service Fees

Service Fees may be charged to the Passenger by AIR CARAÏBES and are applied for all bookings made directly with AIR CARAÏBES via its website, booking center or sales outlets.
 
The amount of the Service Fees is different depending on the type of travel, the Fare, the Ticket distribution channel and the type of transaction requested. These Fees are added to the Fare including taxes.
 
Service Fees billed, if any, by AIR CARAÏBES are not refundable, unless the Ticket is canceled due to a fault by the Carrier.
 
Before the completion of the purchase, the Passenger is informed of the amount of the Fees invoiced by AIR CARAÏBES.
 
The amount of the Service Fees billed by AIR CARAÏBES can be obtained from its staff and on its Website.

 

4.     Payment currency

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 Authorized Agent, at the time of purchase of the Ticket or earlier (if the local currency cannot be converted, for example). In addition, the Carrier may accept payments in another currency at its discretion.
 

ARTICLE V – BOOKINGS

1.     Booking requirements

Bookings are not confirmed until they have been accepted and recorded by the Authorized Agent in the computer booking system. The Authorized Agent may provide a booking confirmation on request.

 

2.     Deadline for Ticket issue

If the Passenger does not pay for their Ticket in full before the scheduled issue deadline, as indicated by the Authorized Agent, the Booking will be canceled and the seat allocated to another Passenger with no liability for the Carrier and/or the Authorized Agent.

 

3.     Seat allocation

3.1 Overview

(a) Seat reservations can be made online as soon as the booking is made.  

(b) Choosing seats is a paid service for promotional fares.

(c) The Carrier does its best to satisfy seat allocation requests, but cannot guarantee that a given seat will be allocated. The Carrier reserves the right to modify seat allocations at any time, including after boarding, due to imperatives relating to operations, security or safety or in cases of force majeure.

 

3.2 Heavy passengers

It is recommended that Passengers whose hip measurement is wider than the seat reserve a second seat. Seat dimensions are available by clicking the following link: https://www.aircaraibes.com/services/avant-le-vol/passagers-conditions-particulieres.

 

This option will allow the Passenger to benefit from the second seat at the Child fare (excluding airport taxes) in the class determined by the Carrier.

 

The allocation of a second seat for heavy Passengers is neither an automatic option offered to the Passenger nor an obligation of the Carrier. The choice of two seats side by side may be limited by the availability of seats and the configuration of the aircraft.

 

The purchase of a second seat at a reduced price does not give the heavy Passenger an additional baggage allowance.

 

The Passenger can only benefit from this option on flights operated by the Carrier. It is not available on Code Share flights. If the tickets are sold by a different air Carrier, it is strongly recommended that the Passenger inquire about the commercial policy of the Actual Carrier or the tour operator, who alone can decide whether the second seat should be allocated free of charge or paid for.

 

The Passenger also has the option of booking a seat in a higher carriage class. The dimensions of the seat bases are available on the AIR CARAÏBES website.

 

In any event, the Passenger safety obligation may result in a Passenger being denied boarding if a second seat is unavailable and the Passenger's build does not allow them to sit in a single seat.

 

The Passenger will then be offered, free of charge, a seat on the next flight with available seats. However, the Carrier will not cover the costs associated with the flight modification (catering, taxi, etc.) and will not allow the possibility of any claim for compensation from the Passenger.

 

4.     Services provided on board

(a) The Carrier will make every effort to satisfy the Passenger's requests concerning the services provided on board, including drinks, special meals, etc. However, the Carrier cannot be held liable if safety, security or operational requirements or reasons beyond the Carrier's control prevent it from providing specific services, even if they were confirmed at the time of Booking.

 

(b) The terms and conditions applicable to special meals are available in the Additional Conditions of Carriage.

 

5.     Aircraft type

The type of aircraft indicated to the Passenger at the time of Booking the Ticket or later is given as a guide only. Safety and security requirements, reasons beyond the Carrier’s control and operational constraints may lead the Carrier to modify the aircraft type without incurring any liability.

 

6.     Specific services

On certain flights, in certain booking classes and depending on availability, the Passenger may pay a supplement to benefit from specific services. These additional services are governed by special conditions available on the Company's website.

 

ARTICLE VI – PERSONAL DATA

1. The Passenger communicates their personal data to their Authorized Agent for the purpose of making a Booking, obtaining ancillary and additional services, facilitating immigration formalities and entering the territory of a State. To this end, the Passenger authorizes the Carrier to store the collected data and to transmit it to its own agencies, Authorized Agents, Carriers, ancillary service providers and/or Government Authorities in any country subject to applicable law.

 

2. The information provided by the Passenger is mainly used for the purposes of (i) Booking, purchasing Tickets or monitoring their contract of carriage, (ii) providing specific services in connection with the transport service, (iii) commercial prospecting, loyalty programs, activities and sales information, (iv) carrying out statistical studies, (v) monitoring the pages viewed on the www.aircaraibes.com website and how visitors navigate the website and (vi) targeting marketing campaigns. It may also be used to facilitate administrative formalities relating to immigration and entry into the territory, to prevent non-payment and combat fraud, as well as to ensure flight safety and security.

 

3. Passengers are informed that any incident occurring during the performance of the Contract of Carriage and likely to affect the safety or security of a flight may be recorded electronically.

Passengers are informed and accept that the provision of certain specific ancillary services (special meals, medical assistance) may require the Carrier to record in its processing operations information likely to fall within the scope of Article 8 of the French data protection act as amended. This information is used exclusively for the specific ancillary services requested by the Passenger.

 

4. The information collected may be communicated to the authorized personnel of the Carrier, its partners (Authorized Agents, Carriers within the meaning of article 1 above, etc.) or its ancillary service providers in order to fulfill all or part of the purposes referred to above.

 

5. In accordance with the laws and regulations applicable in France and internationally, the Carrier is also sometimes required to make personal information available to authorized French or foreign public authorities (customs, immigration, etc.), particularly for the purpose of preventing and combating terrorism or other serious offences.

Some of the recipients mentioned above may be based outside the European Union and may have access to all or part of the personal information collected by the Carrier (surname, first name, passport number, travel details, etc.), for the proper performance of the Passenger’s Contract of Carriage or because of a specific legal authorization. Data transfers outside the European Union are carried out in accordance with the conditions defined in articles 68 et seq. of the French data protection act.

 

6. In accordance with the French data protection act, Passengers have the right to access, correct, delete or object to the data held about them. These rights can be exercised by writing to the following address: AIR CARAÏBES – Correspondent Informatique et Libertés – Parc d'activités de la Providence – 97139 ABYMES (Guadeloupe).

 

7. Subject to the regulations in force, the Carrier reserves the right to use Passenger data under the conditions and for the purposes defined in this article.

 

8. Unless the Passenger objects when their data is collected or sends a letter to the above address, the Carrier reserves the right to use the Passenger's data or to communicate it to its partners in order to be able to send the Passenger suitable commercial offers.

 

9. Where required by law (commercial prospecting by electronic means), Passenger data will only be used for prospecting purposes, particularly commercial purposes, by the Carrier or its partners if the Passenger gave their consent for such use when providing their personal data. Passengers may, at a later date, withdraw their consent for their data being used for such purposes by sending a letter to the address above.

 

10. Certain personal data must be collected to enable the Booking and to establish the Contract of Carriage. Passengers may of course exercise their right to object to the collection and processing of this data, but this may result in the cancelation of the journey or the inability to access certain specific additional services requested (special meals, etc.). In addition, in accordance with the laws and regulations applicable in France and internationally, failure to provide certain information or providing inaccurate data may lead to a decision to deny boarding or entry into a foreign territory, without the Carrier being held liable.

The Carrier cannot be held liable for the failure to provide the Passenger with information about their flight (including irregularities) if the necessary personal details have not been communicated to it by the Authorized Agents.

The Passenger concerned has the right to access and correct the personal data thus collected, stored and transferred if it proves to be inaccurate or incomplete.

 

11. In accordance with articles L.223-1 and thereafter of the French Consumer Code, Passengers have the right to register their opposition to telephone canvassing at: www.bloctel.gouv.fr.

 

ARTICLE VII – PAYMENT

1.     Payment methods

The methods of payment accepted by AIR CARAÏBES are Bank Cards, checks, cash and holiday vouchers, subject to specific provisions that may be applied without notice at ticket offices or on the AIR CARAÏBES website.

 

2.     Remote payment (Internet and telephone) by bank card


The carrier reserves the right to carry out checks and verifications on remote banking transactions at any time.

The supporting documents requested must be sent as soon as possible to the Carrier's fraud prevention department at the following address: controlepaiement@aircaraibes.com or presented at an AIR CARAÏBES sales outlet or at the check-in counter on the day of departure.

The Passenger's Ticket will be suspended by the Carrier until the requested documents are provided.

The Carrier reserves the right to cancel the Passenger's booking and tickets in the following cases:
- non-communication of the requested supporting documents;
- receipt of documents that are invalid or demonstrate a risk of fraudulent use of the bank card;
- absence of a response from the buyer or inability to contact the buyer within 48 hours of booking.

 

3.     Payment in installments (up to 4 times) at some agencies

This payment facility is only available in some of the Carrier's agencies for purchases between €150 and €3,000. It is provided in partnership with Crédit Agricole Mutuel de Guadeloupe.

To be eligible for the TOP 3 product, the Customer must hold a bank card issued in France (VISA, MASTERCARD) with a validity date longer than the chosen financing period (cards with automatic authorization such as Electron or Maestro, e-cards, Indigo and American Express cards are not accepted).

The customer must provide any supporting documents requested by the Carrier or its Authorized Agent.

The customer will be charged an administration fee for the management and follow-up of their case.

Payments in 3 installments:

-the deposit (1/3 of the bill plus the administration fee) is debited at the time of purchase;
-the first monthly payment is debited 30 days after purchase;
the last monthly payment is debited 60 days after purchase.

Payments in 4 installments: 

-the deposit (1/4 of the bill plus the administration fee) is debited at the time of purchase,
-the first monthly payment is debited 30 days after purchase;
-the second monthly payment is debited 60 days after purchase;
-the last monthly payment is debited 90 days after purchase.

In the event of cancelation, any refund (if possible) will be made according to the fare conditions of the ticket in accordance with paragraph XI of this contract. 

 

4.     Payment in installments (up to 4 times) on the Carrier's website

This payment solution is only offered under certain conditions for purchases by bank card of between €350 and €6,000 for a payment in 3 instalments and between €500 and €6,000 for a payment in 4 instalments thanks to the Carrier's partner, Oney Bank, which offers the Passenger a financing solution called Facily Pay. 

(a) Conditions

This offer is reserved for private individuals (natural persons aged 18 or over, specifically excluding natural persons acting for professional purposes) residing in metropolitan France, Guadeloupe, Saint Martin, Martinique, Réunion or French Guiana and holding a CB, Visa or MasterCard bank card issued by a French institution and having a validity period longer than the chosen financing period.

Cards with automatic authorization such as Electron, Maestro, Nickel etc. as well as e-cards, Indigo and American Express cards are not accepted.

Facily Pay is available to Passengers as long as the time between the date of ordering the ticket and the start date of the journey is more than 15 days.

(b) Application conditions

After selecting the tickets, the Passenger must apply for financing by choosing the "Payment in 3 installments" or "Payment in 4 installments" tab on the payment page and clicking the "3x Facily Pay" or "4x Facily Pay" logo.
The Passenger is then redirected to our partner's Facily Pay web page displaying the detailed summary of your order and the personalized financing request, which they must then confirm.

The Passenger enters their personal information or, if they have a Facily Pay account, identifies themselves by means of the login credentials linked to their Facily Pay Account. They read the general terms and conditions of the payment in installments to which they wish to subscribe, which are provided in PDF format so that they can read them, print them and save them before accepting them. The Passenger then confirms their acceptance electronically by means of the corresponding checkbox.

The Passenger acknowledges that "double-clicking" the checkbox about having read the general terms and conditions constitutes consent to the contract and irrevocable and unreserved acceptance of the product's general terms and conditions.

In the absence of evidence to the contrary, the data recorded by Oney Bank constitutes proof of all the transactions between the Passenger and Oney Bank.

If the Passenger requests a financing solution from Oney Bank, information about their request will be transmitted to Oney Bank, which will use it to study the request for the granting, management and collection of credit.

The Passenger must provide any proof requested by the Carrier or its Authorized Agent.

Oney Bank reserves the right to accept or refuse your request for financing in 3 or 4 installments.

(c) Operation

Payment in 3 or 4 installments by bank card makes it possible to pay for the order at our sales website as follows:

-a mandatory contribution, debited on the day of confirmation of the dispatch of your order corresponding to one third of the order, to which are added fees corresponding to 1.45% of the total order amount for 3 installments and 2.2% for 4 installments (up to a limit of €10 maximum for payment in 3 installments and €20 maximum for 4 installments);

- two or three monthly payments, each corresponding to one-third or one-fourth of the order, charged after 30 and 60 days for 3 installments and after 30, 60 and 90 days for 4 installments.

Payment in 3 installments

Example:  For a purchase of €403.90 made on March 1, 2017, you pay a deposit of €140.49 then 2 monthly installments of €134.64 on April 1, 2017, and May 1, 2017.
A 2-month loan at a fixed APR of 19.27%. Cost of financing: €5.86.

Payment in 4 installments

Example:  For a purchase of €403.90 made on March 1, 2017, you pay a deposit of €109.87 then 3 monthly installments of €100.97 on April 1, 2017, May 1, 2017, and June 1, 2017. 
A 3-month loan with a fixed APR of 19.62%. Cost of financing: €8.89.

Withdrawal:

For a Facily Pay payment in 3 or 4 installments paid by bank card, the Passenger has a legal cooling-off period of 14 calendar days from the date of acceptance of our partner's general conditions. If the Passenger cancels the loan, the transport service will be payable to Air Caraïbes. The Passenger must then pay for their travel directly to Air Caraïbes under the conditions and according to the terms stipulated in the section "Payment of your order: methods, security and controls" of Air Caraïbes' general conditions of sale.

In the event of a change in the transport service at the Passenger's initiative: the Passenger shall be required to pay any additional costs directly to Air Caraïbes and/or its external service providers in accordance with the fare conditions specified by Air Caraïbes. In this case, the remaining monthly payments will continue to be deducted on the due dates initially scheduled.

If all or part of the journey is canceled:

If the whole journey (round trip) is canceled by Air Caraïbes:

If the journey is canceled in accordance with Air Caraïbes' general conditions of sale, the credit will be canceled. Our partner Oney Bank will then refund the Passenger all sums received in accordance with Air Caraïbes' general conditions of sale and refund terms.

If part of the journey is canceled (either outward or return) by Air Caraïbes:

If only part of the transport service is canceled, the credit will either be modified to reflect the new ticket amount, thus reducing the repayment period and/or the amount of the last monthly payment, or canceled. Interest due on the date of partial cancelation will remain payable by the Passenger.

The new credit terms will be communicated to the Passenger by email, including the amount and dates of their new monthly payments. The amount of the bank card payments will be adjusted accordingly.

Oney Bank – SA (limited company) with share capital of €50,601,985 – Head office: 40 avenue de Flandre 59170 CROIX – RCS Lille Métropole 546 380 197 – Orias no.: 07 023 261 – www.orias.fr
Correspondence: CS 60006 – 59 895 Lille Cedex 9 – www.oney.fr

5.     Disputing payment after issue

In the event of rejection, failure or dispute of the payment of part or all of the sums due to the Carrier after the ticket has been issued, the ticket will be canceled automatically and the passenger refused transport. The Company reserves the right to take legal action against Passengers who have fraudulently acquired their Ticket.

 

ARTICLE VIII – CHECK-IN/BOARDING

1.     Check-in deadlines

 

(a) Airport check-in

The Check-In Deadlines vary from one airport to another and within the same airport depending on the destination concerned. Passengers must comply with the Check-In Deadlines to facilitate their travel and avoid having their Bookings canceled. The Carrier or its Authorized Agent shall provide the Passenger with all necessary information on the Check-In Deadline. If the Passenger's journey includes subsequent sections, it is their responsibility to check the Check-In Deadlines for these sections.

The Passenger must arrive at the Carrier's check-in counter sufficiently early before the Check-In Deadline indicated by the Carrier or by the Authorized Agent in order to complete all the necessary formalities.

If the Passenger does not complete these formalities before the Check-In Deadline at the Carrier's counter or does not have all the necessary travel documents and the Passenger is therefore unable to travel, the Carrier may cancel the seat reserved for them and provided for in the ticket and dispose of it, without any liability to the Passenger.

 

(b) Online check-in

Some destinations offer online check-in. Where relevant, Passengers may check in online after booking their flights until two hours before the scheduled departure time of their flight, which allows them to go directly to the security checkpoint at the airport. Passengers must report to the boarding gate at least 20 minutes before the scheduled departure time of their flight. If a Passenger is late or does not have all the required documents and is not ready to travel, the Carrier reserves the right to refuse carriage and declines all liability for any loss or expense if the Passenger has not complied with the conditions of this article. The Carrier reserves the right to discontinue online check-in at any time. If this option is withdrawn, the Passenger must check in at the airport in accordance with Article VIII.1(a) of these general conditions.

Check-in is only possible on the Carrier's website for flights operated by the Carrier. For Code Share flights, online check-in takes place on the Actual Carrier’s website.

The online check-in service only allows one item of hand baggage. If the Passenger wishes to bring hold baggage, they must present it to the baggage drop-off counter before the Check-in Deadline and before passing through the security checks.

In any event, the Passenger must take note of the regulations on Cabin and Hold Baggage available on the Company's website and in these general conditions of sale and carriage, without any liability on the part of the Carrier.

 

2.     Check-in conditions

 

(a) At the airport

At check-in, Passengers are required to present certain information concerning their flight and their identity.

 

(b) During online registration

At the security checkpoint, the Passenger must present their boarding pass, certain information about their identity and all the documents necessary for their journey required by their country of departure, destination and overflight.

 

3.     Passenger No Show

If the Passenger does not check in for a flight, the conditions of article III.3 apply. 

 

4.     Boarding

The Passenger must be present at the boarding gate no later than the time indicated at check-in or on the boarding pass. The Carrier may cancel the Passenger's Booking if the Passenger does not report to the boarding gate at the time indicated or in the cases provided for in Article IX, without any liability to the Passenger.

 

5.     The Carrier's liability

The Carrier may not be held liable in any way, particularly for any loss, damage or expense, if the Passenger does not comply with the terms of this article.

 

ARTICLE IX – REFUSAL AND LIMITATION OF CARRIAGE

1.     Right to refuse carriage and to prohibit future carriage

 

The Carrier may, at any point during boarding and/or connecting, refuse to carry the Passenger and their Baggage, if one or more of the following cases occurs or is likely to occur:

 

(a) The Passenger does not comply with the applicable law.

 

(b) The carriage of the Passenger and/or their Baggage could endanger the safety, health, comfort or convenience of the Passenger or of other Passengers or the crew, particularly if the Passenger uses intimidation or behaves or speaks abusively and/or insultingly to other Passengers and/or ground staff and/or the crew.

 

(c) The physical or mental condition of the Passenger, including a state caused by the use of alcohol, drugs or medication, could present a danger or risk to the Passenger, other Passengers, the crew or property.

 

(d) The Passenger has compromised safety, health, good order and/or discipline during the flight, check-in, boarding or disembarkation from the flight or, in the case of connecting flights, during a previous flight and the Carrier has reason to believe that such conduct may occur again.

 

(e) The Carrier has informed the Passenger in writing that it can no longer carry them. In such a case, a refund of the Ticket may be granted.

 

(f) The Passenger has refused to submit to security checks and/or to provide proof of their identity.

 

(g) The Passenger is unable to prove that they are the person designated in the "Passenger's name" box on the Ticket.

 

(h) The Passenger (or the person who paid for the Ticket) has not paid the applicable Fare and/or any fees, taxes or charges due.

 

(i) The Passenger does not appear to possess valid travel documents, has sought to enter a territory during a connection, has destroyed their travel documents during the flight, has refused to allow the Carrier to take and keep copies or has travel documents that are expired, incomplete with regard to the regulations in force or fraudulent (identity theft, falsification or forgery of documents).

 

(j) The Ticket presented by the Passenger:

·       has been acquired fraudulently or purchased from an organization other than the Carrier or an Authorized Agent;

·       or has been listed as a lost or stolen document;

·       or has been falsified or forged;

·       or includes a Flight Coupon that has been damaged or modified by someone other than the Carrier or its Authorized Agent.

 

(k) The Passenger requests special assistance during check-in or boarding that was not requested when the journey was booked.

 

(l) The Passenger does not comply with instructions and regulations concerning safety or security.

 

(m) The Passenger refuses to submit to the health checks and examinations required by our Company, an Administrative Authority or any other authority authorized for this purpose.

 

(n) The Passenger does not comply with the check-in and/or boarding time limits.

 

(o) The Passenger does not comply with the Carrier's Cabin Baggage policy.

 

(p) The Passenger refuses to pay any fare adjustment or excess baggage due to the Carrier.

 

(q) The Passenger does not comply with the provisions of Article XIII, whether the Passenger's behavior has been noted before boarding or before take-off.

 

2.     Special assistance

2.1.    General provisions


Consent to carry unaccompanied minors (UM and MAAS), Passengers with Reduced Mobility, pregnant women, people with illnesses or any other person requiring special assistance is subject to prior authorization by the Carrier.

 

This request must be made to the Carrier at the time of booking or at least 48 hours before the flight departs. The Carrier will then make every effort to satisfy the request.  If these deadlines are not met, the Carrier will not be liable in any way for being unable to satisfy the Passenger's request. In such a situation, the Carrier is entitled to refuse to board the Passenger in accordance with the provisions of Article IX.

 

The special conditions referred to in this paragraph 2 do not form part of the Contract of Carriage and must be considered as Ancillary Services within the meaning of Article XIV below.

 

Full details are available on the Carrier's website by clicking the following link:

https://www.aircaraibes.com/services/avant-le-vol/passagers-conditions-particulieres

 

2.2 Passengers with Reduced Mobility

(a) Consent to carry Passengers with Reduced Mobility is subject to the prior agreement of the Carrier. The Carrier may refuse to carry Passengers with Reduced Mobility in the cases provided for in Regulation (EC) no. 1107/2006.

Passengers with Reduced Mobility who have their own wheelchairs can transport them free of charge in the hold.

The Passenger must inform the Carrier of their situation at the time of booking or forty-eight (48) hours before departure at the latest and provide information on the type of wheelchair and battery used due to operational constraints (limited number of wheelchairs per flight).

In terms of motorized wheelchairs, only dry battery wheelchairs can be carried on board the Carrier's aircraft, as well as hydraulic battery wheelchairs under certain conditions, which are available from the Carrier and its Authorized Agents.

 

(b) The Carrier may require the presence of an escort for the safety of Passengers with Reduced Mobility. The role of the escort is to assist them in an emergency situation, including an emergency evacuation. The presence of an escort is mandatory in the following situations:
    -Passengers with severe cognitive impairments who are unable to understand and apply safety rules.
    -Passengers who are both blind and deaf and cannot communicate with flight crews.
    -Passengers with a motor disability who are unable to participate physically in their own evacuation. Passengers who are paraplegic, paralyzed or missing upper limbs may travel without an attendant.

The escort must be of age and autonomous. Each escort can only take care of one (1) Passenger with Reduced Mobility.

 

2.3.     Pregnant women


(a) Pregnant women may travel without restrictions or additional formalities until the sixth (6th) month of pregnancy.

 

(b) Between six (6) and eight (8) months of pregnancy, pregnant women must provide a medical certificate at check-in attesting that there are no contraindications to air transport. This medical certificate must have been issued within seven (7) days preceding the trip. Failing this, the pregnant woman will automatically be refused boarding by the Carrier.

 

(c) Pregnant women from the 8th month of pregnancy will not be admitted on board under any circumstances.

 

(d) In case of doubt as to the stage of the pregnancy, the Carrier may call upon the doctor present at the airport.

 

2.4.     Babies


(a) Babies must be accompanied by an independent Passenger over 18 years of age. An adult may not accompany more than one (1) Baby. Subject to the availability of an appropriate seat belt, the Baby must travel on the lap of the accompanying adult.

 

(b) To be authorized to travel on an aircraft, Babies must hold a valid identity document.

 

(c) Babies may only travel on board the Carrier’s aircraft when they have reached the age of one (1) week.

 

(d) In order to travel with a Baby, a prior request must be made to the Carrier, as the number of Babies accepted on board is limited for safety reasons.

 

(e) Specific locations are provided for Babies on board aircraft. The Carrier reserves the right to move any Passenger accompanying a Baby to one of these locations.


2.5.     Unaccompanied minors (UM)


(a) UMs must be in possession of their identity documents and a transport ticket. The UM is then assisted by the Carrier's personnel, who take charge of them and accompany them during boarding, during the flight and when leaving the aircraft. This service is subject to a charge and must be booked.

 

(b) The number of unaccompanied minors that can be accepted on a flight is limited for safety reasons. The Carrier thus reserves the right to refuse Bookings made for UMs.

 

(c) The conditions of travel of UMs and unaccompanied children are specified on the carrier's website at the following address:

https://www.aircaraibes.com/services/avant-le-vol/enfants-bebes

 

2.6 Passengers with illnesses

If a Passenger has a medical history or a particular state of health, they are advised to consult a doctor before boarding a flight, particularly a long-haul flight, and to take all the necessary precautions for the smooth progress of their flight, including informing the Carrier of their state of health if it is likely to deteriorate during the trip in order to obtain an opinion from the Carrier's doctor. The Passenger must comply with the recommendations of the WHO (World Health Organization), ICAO and IATA, which are available on the Carrier's website.

 

ARTICLE X – BAGGAGE

1.     The Passenger's obligations

 

(a) The Passenger declares that they have full knowledge of the contents of each of their items of Baggage.

(b) The Passenger undertakes not to leave their Baggage unattended from the moment they prepare it and not to accept items from another passenger or any other person.

(c) The Passenger undertakes not to travel with Baggage entrusted to them by a third party.

(d) Passengers are advised not to include perishable materials or fragile items in their Baggage. If, however, the Passenger includes such materials or items in their Baggage, they must ensure that they are properly and securely packed and protected in suitable containers to avoid damaging the materials and items as well as the Baggage of other Passengers or the Carrier’s aircraft.

 

2.     Prohibited items

The Passenger must not include the following in their Baggage:

 

(a) Items that may constitute a danger to the aircraft or to persons or property on board, such as those specified in the Dangerous Goods Regulations published by the International Civil Aviation Organization (ICAO) and the International Civil Aviation Organization (IATA) and in the Carrier's regulations, as applicable (additional information is available from the Carrier's staff on request); these include explosives, pressurized gases, oxidizing, radioactive or magnetized substances, flammable substances, toxic or corrosive substances, liquid substances of any kind (except liquids transported in Hand Baggage and intended for the Passenger’s personal use during the journey).

 

(b) Items the carriage of which is prohibited by the law in force in any State of departure, destination, overflight or scheduled transit;

 

(c) Items of which the Carrier reasonably considers the weight, size, unpleasant odor, configuration or fragile or perishable nature make them unfit for carriage, taking into account, among other things, the type of aircraft used. Information on these items can be provided on request to the Passenger;

 

(d) Firearms and ammunition other than those intended for hunting or sport, which, in order to be accepted as Checked Baggage, must be unloaded and properly packed and have the safety catch engaged. The transport of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations, as indicated in paragraph (a) above;

 

(e) Cutting and stabbing weapons, aerosols that can be used as weapons of attack or defense;

 

(f) Collector's weapons, swords, knives and other such weapons. This type of item cannot be carried in the cabin under any circumstances. They may nevertheless be accepted as Checked Baggage, at the Carrier's discretion;

 

(g) Live animals except pets, subject to compliance with the conditions of paragraph 7 below.

 

The Carrier is entitled to be released from liability for any damage that results from any inherent nature or defect of the baggage or from the fault of the Passenger.

 

3.     Right to refuse carriage

(a) During boarding or at any intermediate point, the Carrier may refuse to carry as Baggage the items listed in paragraph 2 above, or to continue to carry them if they are discovered during the journey, for safety and/or security reasons. The Carrier will not take rejected Baggage and/or items into its care.

 

(b) The Carrier may refuse to carry any item as Baggage because of its size, shape, weight, contents, configuration, nature or unpleasant smell or for operational reasons, safety/security reasons or to preserve the comfort and convenience of Passengers. Information on this type of Baggage is available on request.

 

(c) The Carrier may refuse to carry Baggage that it reasonably considers is improperly packed or placed in unsuitable containers. Information on packing and unsuitable containers is available on request.

 

(d) The Carrier may refuse to carry Baggage for which the Passenger has refused to pay the additional fare as defined in paragraph 10.5.3. "Excess Baggage" or Baggage that does not comply with the Carrier's Baggage policy (due to its weight or number). The Carrier will not take rejected Baggage and/or items into its care.

 

(e) The Carrier will not carry animals without the documents required by the applicable regulations, as defined in particular in paragraph 7 below.

 

(f) The Carrier may refuse to carry in the hold any Baggage that has not been provided by the Passenger to the Carrier before the Check-In Deadline under the conditions defined in paragraph 5.1 (a). The Carrier will not take rejected Baggage and/or items into its care.

 

4.     Right of inspection

 

For safety and/or security reasons and/or at the request of the authorities, the Passenger may be asked to allow a search or check (X-ray or other type) of their Baggage. If the Passenger is not available, their Baggage may be checked or searched in their absence, particularly with a view to establishing whether it contains items referred to in paragraph 2 above. If the Passenger refuses to comply with such requests, the Carrier may refuse to carry them and their Baggage. If these checks harm the Baggage and its contents or cause Damage, the Carrier will not be liable. In any event, the Carrier will not take rejected Baggage and/or items into its care.

 

5.     Checked Baggage

5.1. Overview

 

(a) The Passenger must hand over their Baggage at the Carrier's check-in counters for the purposes of check-in before the Check-In Deadline.

 

(b) Checked Baggage must be properly packed to protect its contents and to withstand normal handling.

 

(c) As soon as the Passenger has handed over their Baggage for check-in under the above conditions, the Carrier will take care of it and issue the Passenger with a Baggage Registration Voucher for each item of Checked Baggage.

 

(d) The Passenger must affix their name or any other form of identification to the Baggage.

 

(e) As far as possible, Checked Baggage will be carried on the same aircraft as the Passenger unless, for reasons of safety or security, the Carrier decides it will be carried on another flight. In this case, the Carrier will make the Baggage available at the Airport’s premises or, if applicable, deliver the Baggage to the Passenger's home, unless the law in force requires the Passenger to be present for customs control.

 

(f) Passengers are strongly advised not to include in their Baggage any currency, jewelry, art objects, precious metals, silverware, valuables or other precious items, optical devices or cameras, computers, electronic and/or telecommunications equipment or devices, musical instruments, passports and identity documents, keys, business papers, manuscripts or assets, individualized or fungible, etc. In this respect, in the event of destruction, loss or damage to Checked Baggage, the Carrier will only be liable within the limits defined by the Convention and article XVII of the General Conditions of Carriage.

 

(g) Subject to applicable regulations, Passengers are advised not to include any medication they are carrying in their Checked Baggage.

 

5.2. Baggage Allowance

 

(a) All Tickets entitle the holder to the free carriage, without additional charge, of a quantity of Baggage (by number and/or weight and/or dimensions) determined according to the fare paid, the class of carriage and the destination. This quantity appears on the Ticket and must be taken into account by the Passenger.

Depending on the planned route, the quantity of Baggage may be determined by the Carrier either according to weight ("weight concept") or according to a set of criteria relating to weight, size and number of items of Baggage ("Item concept"). Information is available from the Carrier or its Authorized Agents and on the AIR CARAÏBES website.

 

(b) However, Baggage may not exceed a maximum weight. Information on this maximum weight is available from the Carrier or its Authorized Agents and on the AIR CARAÏBES website.

 

(c) The Passenger may travel with Checked Baggage in excess of the Baggage Allowance, subject to the payment of an additional fare payable before check-in at the latest and up to a maximum of 32kg per bag. The conditions relating to this fare supplement are available from the Carrier or its Authorized Agents and on the AIR CARAÏBES website.

 

5.3. Special Declaration of Interest or declaration of Value

(a) For any Checked Baggage whose value exceeds the limits of liability as defined by the Convention, the Passenger may either personally insure all their Baggage before the journey or, when delivering the Baggage to the Carrier, make a Special Declaration of Interest limited to a certain amount. In the latter case, a fare supplement will have to be paid by the Passenger. In the event of destruction, loss, damage or delay, compensation will then be paid according to the provisions of l´Article XVII.

 

(b) The Carrier reserves the right to check that the declared value is appropriate to the value of the Baggage and its contents.

 

(c) Any Special Declaration of Interest must be made by the Passenger before the Check-In Deadline. The Carrier also has the option of capping the level of declarations that may be made at a maximum amount. The Carrier is also entitled to provide proof, in the event of damage occurring, that the sum declared was greater than the Passenger's actual interest at the time of delivery.

 

5.4. Collection and delivery of Baggage

 

(a) Subject to the provisions of paragraph 5.1., it is the Passenger's responsibility to collect their Baggage as soon as it is made available to them at the destination or Voluntary Stop point. If the Passenger does not collect them within one (1) month of their being made available, the Carrier may dispose of them without incurring any liability to the Passenger. In accordance with the legal provisions in force in certain countries, uncollected Baggage may be handed over to the competent national authorities or destroyed.

 

(b) Only the holder of the Baggage Registration Voucher is entitled to collect the Checked Baggage.

 

(c) If a person claiming Baggage is unable to produce the Baggage Registration Voucher, the Carrier will only give them the Baggage if they establish their right to it in a satisfactory manner. In this case, the Carrier cannot be held liable under any circumstances.

 

(d) The acceptance of the Baggage by the bearer of the Baggage Registration Voucher without protest on their part at the time of delivery constitutes a presumption, in the absence of proof to the contrary, that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage.

 

(e) In the event of damage, the Passenger must make a complaint to the Carrier immediately after the discovery of the damage, and within seven (7) at the latest days for Checked Baggage from the date of its receipt. In the event of late delivery of the Baggage, the complaint must be made no later than twenty-one days from the day on which the Baggage is made available to them.

All complaints, together with the supporting documents requested by the Carrier, must be made by post to the following address within the set time limit:

Air Caraibes Customer Relations Department

BP 29054

30 971 Nîmes Cedex 9

Or online by clicking the following link: https://www.aircaraibes.com/pratique/contacts-reclamations

 

 

6.     Unchecked Baggage or Cabin baggage

(a) All Tickets allow the carriage in the cabin of a quantity of Unchecked Baggage limited by number and/or weight and/or size. If this information has not been specified to the Passenger, only one item of Unchecked Baggage will be accepted and the Unchecked Baggage must be able to be placed under the seat in front of the Passenger or in a closed storage space provided for the purpose.

 

(b) Certain Baggage that the Passenger wishes to keep in the cabin may, for reasons of safety and/or security, operations or aircraft configuration, be refused in the cabin at any time before departure of the flight, and must be carried as Checked Baggage.

 

(c) The need for the Carrier to check in Hold Baggage due to the Passenger's failure to comply with the above terms may, if necessary, result in an additional fare for the Passenger, as provided for in paragraph 5.2 (c).

 

(d) If the Passenger refuses to pay this additional fare, the Carrier may disembark the Passenger and their Baggage.

 

(e) The Passenger has sole responsibility for their personal belongings and the Unchecked Baggage they keep in the cabin.

 

7.     Pets

7.1. Overview

(a) The carriage of Pets traveling with the Passenger is subject to the Carrier’s prior explicit consent.

 

(b) The number of Pets that may be carried is limited per flight and per Passenger.

 

(c) Certain categories of Pets are prohibited for Carriage. Information relating to these categories is available on request from the Carrier or its Authorized Agents and on the AIR CARAÏBES website.

 

(d) The Passenger must be able to present the valid documents relating to their Pet required by the authorities of the country of departure, destination or transit, such as a passport, health certificates, vaccination certificates and entry or transit permits.

 

(e) Depending on the destination, the carriage of Pets may be subject to conditions, relating in particular to age, weight and health control, about which the Passenger may obtain information from the Carrier.

 

(f) The Pet and its crate are not included in the Baggage Allowance; the Passenger must pay a fare supplement, the conditions of which are available from the Carrier.

 

(g) Assistance dogs and their crates accompanying Passengers with Reduced Mobility will be carried free of charge, in addition to the Baggage Allowance, in accordance with the Carrier's rules, which are available on request.

 

(h) In the event of fraud, absence or invalidity of the required documents or if the container intended for Pet transport does not comply with the provisions of paragraph 7.3, the Carrier will not accept any liability for any injury, loss, delay, illness or death of the animals carried resulting from such breaches, unless it is caused by the Carrier’s fault or negligence. Passengers traveling with animals in breach of the applicable regulations must reimburse any fines, losses, repairs and costs of any kind incurred as a result of such a situation.

 

(i) The Passenger may obtain full information about the carriage of Pets, including the additional fare referred to in paragraph 7.1 (f) above, from the Carrier or its Authorized Agents and on the AIR CARAÏBES website.

 

7.2. Pets traveling in the cabin

(a) Only Pets and their crates not exceeding a weight set by the Carrier can be accepted in the cabin.

Assistance dogs will be accepted in the cabin, subject to the applicable regulations.

 

(b) Pets must be placed in a specially designed, enclosed case that completely contains the animal and in which it can get up, turn around and breathe easily and freely. Passengers can obtain full information from the Carrier or its Authorized Agents and on the AIR CARAÏBES website.

 

(c) The Passenger undertakes not to remove the animal, even partially, from its container throughout the entire duration of the flight.

 

7.3. Pets traveling in the hold

The Pet must be placed in a rigid plastic or fiberglass crate approved by IATA (the International Air Transport Association). Passengers can obtain full information from the Carrier or its Authorized Agents and on the AIR CARAÏBES website.

 

ARTICLE XI – SCHEDULES, DELAYS, FLIGHT CANCELATIONS

1.     Schedules

(a) The flights, Schedules and flight times indicated in the Schedule Guides have no contractual value and are solely for the purpose of informing the Passenger of the flights offered by the Carrier. These schedule guides and the departure, transit and arrival terminals are not definitive and may be modified after the date of their publication.

 

(b) The Flight Schedules will be indicated before acceptance of the Passenger's Booking and reproduced on the Ticket. However, the Flight Schedules thus planned may be modified after the Ticket has been issued. In this case, the Passenger will be notified if the Carrier has their contact details. However, Passengers are invited to contact the Carrier before their scheduled departure date to ensure that the Flight Schedules appearing on their Ticket or Travel Memo have not changed.

 

(c) If the carrier makes a significant schedule change after the purchase of the ticket that is not convenient for the passenger, and if the carrier cannot offer them an alternative booking that satisfies them, the Passenger shall be entitled to a refund of their ticket as provided for in the article below.

 

2.     Cancelation, re-routing, delays

(a) The Carrier will take all necessary measures to carry the Passenger and their Baggage without delay. In this context, to avoid canceling the journey, the Carrier may be required to offer the Passenger carriage on another aircraft or using flights operated by another Carrier and/or by any other means of transport.

 

(b) If a flight is canceled or delayed, and if the Passenger has a single Contract of Carriage (under the terms of the Convention), the Carrier will implement all the provisions of the applicable regulations in this respect.

 

3.     Overbooking and downgrading

(a) If, as a result of deliberate overbooking, the Carrier is unable to allocate a seat for the Passenger, even though the Passenger has a confirmed Booking and a valid Ticket and has arrived at check-in and boarding within the required time limits and conditions, the Carrier will pay the compensation provided for, where relevant, by the applicable regulations in this respect.

 

(b) If a Passenger is placed in a lower class than that for which the Ticket was purchased, the Carrier shall refund the Fare difference under the conditions provided for by the applicable regulations in this respect.

 

ARTICLE XII – REFUNDS

1.     Overview

In accordance with fare regulations, the Carrier may refund all or part of an unused Ticket under the Ticket's fare conditions and under the following conditions:

(a) Except as specified otherwise in this article, the Carrier is entitled to make the refund only to the person who paid for the Ticket. The refund will be paid to the account of the debit/credit card that was used to pay for the original booking.

(b) If the Ticket was bought via a Travel Agency, the refund request to the Carrier must be made by the Travel Agency.

 

2.     Right to refuse refunds

The Carrier reserves the right to refuse a refund for:

(a) Any Ticket, if the refund is requested after the expiry of its validity.

(b) Any Ticket presented to the Carrier, or to the authorities of a country, that satisfies the legislative or regulatory requirement to have a ticket enabling the Passenger to leave the country, unless the Passenger provides sufficient information to establish that they are authorized to stay in the country or that they will leave via the intermediary of a different Carrier or by another means of transport.

(c) Any Ticket whose holder has not been admitted by the destination or transit authorities of the planned route, and has therefore been returned to their departure point.

(d) Any Ticket that has been stolen, forged, counterfeited or paid for fraudulently.

(e) Any Ticket, in a currency other than the one in which the payment was made.

(f) Any Ticket marked "non-refundable".

(g) Any Ticket not used following the Carrier's refusal to transport the Passenger in the cases provided for in Article IX of these General Conditions.

 

3.     Refund currency

(a) Subject to the applicable law, the Carrier reserves the right to refund the Ticket in the same form and the same currency as those used for the Ticket purchase.

(b) If the Carrier agrees to issue refund in a currency other than the currency of payment, the refund will be made at an exchange rate and under conditions determined by the Carrier.

 

4.     Persons authorized to issue refunds

Refunds are only provided by the Carrier that originally issued the Ticket or by an Authorized Agent, if the Agent has been authorized to do so.

 

ARTICLE XIII – BEHAVIOR ON BOARD

1. On board the aircraft, Passengers must not engage in any behavior likely to hinder, inconvenience, threaten or endanger any person or persons, property or the aircraft itself.
Consequently, Passengers must not prevent the crew from performing their duties and must comply with their instructions and recommendations to ensure the safety and security of the aircraft, the smooth running of the flight and the comfort of Passengers.

 

2. For safety reasons, the Carrier may prohibit or limit the use of electrical or electronic devices on board, such as cellular phones, laptops, portable recorders, portable radios, electronic games or transceivers, as well as any games under radio control and walkie-talkies, except hearing aids and pacemakers.

 

3. On board the aircraft, all forms of smoking , including electronic cigarettes, are prohibited.

 

4. The Carrier may have to limit or prohibit the consumption of alcohol on board.

 

5. Taking videos and/or photographs other than for personal reasons is prohibited on board the aircraft.

 

6. If the Passenger behaves as described in the preceding paragraphs, the Carrier may be required to take any steps it reasonably considers appropriate and necessary in the circumstances to prevent the continuation of such behavior. To this end, the Carrier may use coercive measures and/or disembark the Passenger at any time during the flight, including in a country outside the contract of carriage, and prohibit them from flying on its own routes or under any commercial agreement with another carrier for as long as the Carrier considers necessary.

 

7. If a Passenger does not comply with the provisions of this article (and those of the Article relating to refusal and limitation of carriage) or commits an offense or a reprehensible act on board the aircraft, the Carrier reserves the right to take legal action against the Passenger in order to obtain compensation for all the damage suffered by the Carrier, including consequential or indirect damage.

 

ARTICLE XIV – PROVISIONS FOR ANCILLARY SERVICES

1. If, within the framework of a Contract of Carriage and subject to applicable law, the Carrier agrees to make arrangements, through third parties, to provide additional services other than air transport, or if the Carrier issues a Ticket or voucher for transport or services (other than air travel), such as, for example, hotel bookings or car rentals, the Carrier in this case acts solely as an agent and will not be liable to the Passenger except in the event of proven fault on its part. The conditions of carriage or sale governing the activities of these third parties shall apply.

 

2. When the Carrier provides land or sea transport services (buses, trains, etc.), different liability regimes may apply to these surface transport services. The conditions of carriage and liability regimes are available, upon request, from the Carrier or the Surface Carrier, as the case may be. The Air Carrier is not liable for Damages to Passengers and their Baggage during land, sea or rail transport.

 

3. The vehicle rental services offered by the Carrier in the name and on behalf of its partners are governed by the conditions of the vehicle rental companies concerned, which must be accepted when you order.

 

ARTICLE XV – SUCCESSIVE CARRIERS

1. Carriage to be performed by several successive Carriers, under a single Ticket or several Tickets issued jointly, is deemed to constitute a single carriage for the application of the Convention as long as it is considered by the parties as a single operation.

 

2. When the Carrier is the issuer of the Ticket or the Carrier listed first on the Ticket, or on a Ticket issued jointly in the case of successive carriage, the Carrier shall only be liable for the part of the carriage performed with its own resources.

 

3. In the event of destruction, loss, damage or delay of their Baggage, the Passenger or their entitled persons may take legal action against the Carrier that carried out the transport during which the accident or delay occurred.

 

4. The Carrier is not responsible for delayed or canceled trains that prevent a connection with a flight operated by the Carrier. Similarly, the Carrier cannot be held liable in the event of any disruption on the air route preventing the Passenger from taking a subsequent land or sea connection.

 

ARTICLE XVI – ADMINISTRATIVE FORMALITIES

1.     Overview

(a) The Passenger is required to obtain all the documents, visas and special permits necessary for their journey, and to comply with all the legal provisions (laws, regulations, decisions, requirements and provisions) of the States of departure, destination and transit, and with the immigration and border control requirements of the authorities in these countries, as well as the carrier's regulations and instructions relating thereto, and is responsible for doing so.

 

(b) The Carrier shall not be held liable for any consequences suffered by the Passenger if they fail to observe the obligations referred to in the above paragraph.

 

2.     Travel documents

(a) The Passenger is required to present all entry, exit and transit documents, as well as health and other documents required by the regulations in force (laws, regulations, decisions, requirements and provisions) in the States of departure, destination and transit.

The Passenger is also required to allow the Carrier to make copies of these documents if necessary, or to record the information contained therein.

 

(b) The Carrier reserves the right, in accordance with Article IX of this Contract, to refuse carriage if the Passenger does not comply with the laws and regulations in force or if the Carrier has doubts about the validity of the documents presented.

 

(c) The Carrier cannot be held liable for any loss or expense incurred by the Passenger as a result of their failure to comply with the legal provisions.

 

3.     Refusal of entry

If a Passenger is refused entry to a territory, the Passenger must pay any fees or fines that may be imposed by local authorities on the Carrier as a result, as well as the cost of carriage if the Carrier is subsequently required by government order to return the Passenger to their point of origin or elsewhere. The price paid for the transport to the destination where entry to the territory was refused will not be refunded by the Carrier.

 

4.     Passenger's liability for fines, detention costs, etc.

If the Carrier is required to pay or deposit the amount of a fine or penalty or incur expenses of any kind as a result of the Passenger’s failure, whether voluntary or involuntary, to observe the legal and regulatory provisions of the States concerned, or to submit the required documents, or of the Passenger’s presentation of non-compliant documents, the Passenger must, at the Carrier's first request, refund all sums paid or deposited and all expenses so incurred. The Carrier may use for this purpose any amount paid to it for carriage not provided or any amount belonging to the Passenger in the care of the Carrier.

 

5.     Customs controls

(a) The passenger may be asked to attend an inspection of his/her baggage (delayed, checked or unchecked) at the request of customs officers or of any other government official. The Carrier cannot be held liable for any Damage or loss suffered by any Passenger who fails to observe this provision.

 

(b) The Passenger must compensate the Carrier if any act, omission or negligence on their part causes Damage to the Carrier due in particular to its failure to comply with the provisions of this paragraph*.

* This provision is added because of possible penalties that the Carrier would have to pay at a customs control, if the Baggage concerned contains items prohibited for carriage and the passenger is not present.

 

6.     Security control

(a) The Passenger is required to comply with the security (and safety) controls required by governmental or airport authorities and at the request of the Carrier.

 

(b) The Carrier cannot be held liable for refusing to carry a Passenger, if this refusal is based on the strong conviction that the law, government regulations and/or applicable requirements make it necessary.

 

ARTICLE XVII – LIABILITY FOR DAMAGES

1.     Overview

The Carrier's liability will be determined by the General Conditions of Carriage of the Carrier issuing the Ticket, in the absence of provisions to the contrary made known to the Passenger. If the Carrier is liable, it will be under the following conditions:

 

(a) The carriage performed under these General Conditions of Carriage is subject to the liability rules laid down by the Montreal Convention of 28 May 1999 and Regulation (EC) No. 889 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No. 2027 of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage.

 

(b) The Carrier is liable for Damage occurring in the event of death or bodily injury to a Passenger, when the accident that caused the Damage occurred on board the aircraft or during any boarding or disembarkation operations, within the meaning of the Convention, and subject to the liability exemptions set out in paragraph 2 below.

 

(c) To the extent that the following does not conflict with the other provisions of these Conditions, and whether or not the Convention is applicable:

·       The Carrier's liability is limited to Damage occurring during the Air Carriage(s) for which its Designator Code appears on the Coupon or Ticket corresponding to the flight. If the Carrier issues a Ticket for a transport service provided by another Carrier or checks in Baggage on behalf of another Carrier, the Carrier acts only as the latter's agent.

Baggage is the sole responsibility of the Passenger until it is checked in at the Air Carrier's counters.

·       The Carrier's liability cannot exceed the amount of proven direct Damage and the Carrier shall in no way be liable for indirect Damage or any form of non-compensatory Damage.

·       The Carrier will not accept any liability for Damage resulting from the Carrier’s compliance with any legal or regulatory provisions (laws, regulations, decisions, requirements and provisions) or from the Passenger’s failure to comply with the same provisions.

·       The Carrier cannot be held liable in the event of Damage to Unchecked Baggage, unless such Damage is the direct result of a serious fault by the Carrier, which must be proven by the Passenger who invokes it.

·       The Carrier is not liable for any illness, injury or disability, including the death of a Passenger, due to the Passenger's physical condition or any worsening of the same condition.

·       The Contract of Carriage, including these General Conditions of Carriage and all the exclusions or limitations of liability contained therein, apply to and benefit the Carrier’s Authorized Agents, officials and officers who have acted in the performance of their duties, its representatives and the owner of the aircraft used by the Carrier, as well as this owner’s agents, employees and representatives. The global amount recoverable from the above-mentioned persons cannot exceed the amount of the Carrier's liability.

·       If negligence or any other wrongful act or omission by the person claiming compensation or the person from whom they derive their rights caused or contributed to the Damage, the Carrier shall be wholly or partly released from its liability to the person, including in the event of death or bodily injury under the law in force.

 

(d) Except as expressly provided, none of these provisions implies a waiver of the right to exclude or limit the liability of the Carrier, the owner whose aircraft is used by the Carrier or their agents, officials, delegates or representatives, in accordance with the Convention and applicable law.

 

2.     Liability for personal injury

(a) The Carrier shall not be liable for the Damage if it provides proof that:

·     The death or bodily injury that occurred resulted from the Passenger's physical or mental health prior to boarding the flight.

·     The Damage was caused, in whole or in part, by the negligence, wrongful act or omission of the person claiming compensation or the person from whom they derive their rights, according to l´article 20 of the Montreal Convention.

·     The Damage is not due to negligence or other wrongful act or omission by the Carrier, its officials or agents, insofar as the amount of the Damage exceeds SDR 113,100 per Passenger according to l´article 21 § 2 (a) of the Montreal Convention.

·       The Damage results solely from negligence or another act or omission by a third party, insofar as the amount of the Damage exceeds SDR 113,100 per Passenger according to l´article 21 § 2 (b) of the Montreal Convention.

 

(b) Amount of Compensable Damage

·       The amount of the Carrier's liability in the event of death or bodily injury of a Passenger, within the meaning of paragraph (a) above, is subject to no limitation. The amount of Compensable Damage shall cover compensation for the Damage, as set by mutual agreement, by expert opinion or by the competent courts.

·     Within the framework of these provisions, the Carrier will only compensate the Passenger beyond the amounts received by the latter under the social security scheme to which the Passenger is affiliated and for compensatory damages only.

 

(c) The Carrier reserves all rights of recourse and subrogation against any third party.

 

(d) In the event of death or bodily injury resulting from an air accident, within the meaning of article 17 of the Convention and Regulation of the European Parliament and of the Council (EC) No. 889 of 13 May 2002 amending Council Regulation (EC) No. 2027 of 19 October 1997, the person identified as entitled to compensation may benefit from an advance enabling them to meet their immediate needs, in proportion to the material harm suffered. This advance shall not be less than the equivalent in EURO of SDR 16,000 per Passenger in the event of death. Subject to the applicable law, this advance will be paid within 15 days of the identification of the person entitled to compensation and will be deductible from the final amount of compensation due to the deceased Passenger.

Under the terms of article 5 of Regulation No. 889 of 13 May 2002 and article 28 of the Montreal Convention of 28 May 1999, the payment of these advances or upfront payments does not constitute an acknowledgement of liability and these sums may be deducted from any amounts subsequently paid by the Community Carrier as compensation, depending on the latter's liability.

This advance is not refundable unless it is proven that negligence or any other wrongful act or omission by the person claiming compensation or the person from whom they derive their rights caused or contributed to the Damage, or the person to whom the advance was paid was not entitled to compensation.

 

3.     Liability in the event of delay

(a) Characteristics of the compensable Damage:

·       Only direct, proven damage resulting directly from a delay is compensable, excluding any indirect Damage and any form of Damage other than compensatory Damage.

·       The Passenger must establish the existence of the Damage resulting directly from the Carrier's delay and only during its part of the air transport in the event of successive transports as defined in Article XV.

 

(b) Extent of the Carrier's liability:

·       The Carrier shall not be liable for Damage resulting from delay if it proves that it or its officials or agents took all reasonable measures to avoid the Damage or that it was impossible for it to take such measures.

·       The Carrier is not liable for Damage resulting from delay, if this delay is attributable to the Passenger or if the Passenger contributed to it, i.e. if the Damage results in whole or in part from negligence or a harmful act or omission by the person seeking compensation or the person from whom they derive their rights.

 

(c) Extent of the compensation:

·       In the event of Damage suffered by Passengers resulting from delay, as defined by the Montreal Convention, and excepting acts or omissions carried out with the intention of causing Damage or recklessly with the knowledge that Damage could result, the Carrier's liability is limited to the sum of SDR 4,694 per Passenger. The amount of compensation will be determined according to the Damage proven by the Passenger.

·       In the event of Damage resulting from a delay in the delivery of Checked Baggage, and excepting acts or omissions carried out with the intention of causing Damage or recklessly with the knowledge that Damage could result, the Carrier's liability is limited to SDR 1,131 per Passenger. Fixed compensation (intended to cover essential expenses) may be awarded to the Passenger.

 

4.     Liability for Baggage:

(a) Overview

The Carrier is liable for Damage occurring in the event of destruction, loss or harm to Checked Baggage if the accident that caused the Damage occurred on board the aircraft or during any period during which the Checked Baggage was in the care of the Carrier.

 

(b) Exemption from the Carrier's liability:

·       The Carrier is not liable for Damage to the Passenger's Baggage if the Damage results from the nature of or an inherent defect in the Baggage. If the property contained in the Passenger's Baggage causes harm to another person or the Carrier, the Passenger must compensate the Carrier for all losses suffered and expenses incurred as a result.

·       The Carrier accepts no specific liability, other than that provided for in sub-paragraph (c) below, for any Damage and/or loss caused to fragile, perishable or valuable items, or items that are improperly packaged, in accordance with Article X above, unless the Passenger has made a Declaration of Value as described in Article X/5.3 above and has paid the corresponding additional costs.

·       The Carrier shall not be liable for any Damage to Baggage caused in whole or in part as a result of negligence or a harmful act or omission by the person claiming compensation or the person from whom they derive their rights.

 

(c) Amount of compensable damage:

·       For Checked Baggage, except in the event of acts or omissions carried out with the intention of causing Damage or recklessly with knowledge that Damage could result, the Carrier's liability in the event of Damage will be limited to SDR 1,131 per Passenger. If a higher value has been declared, in accordance with l´Article X/5.3, the Carrier's liability shall be limited to the value declared unless it can provide proof that this value is higher than the Passenger's actual interest on delivery.

·       For unchecked Baggage accepted on board, the Carrier can only be held liable in the event of proven fault on the part of the Carrier, its officials or agents. This liability will be limited to SDR 1,131 per Passenger.

 

ARTICLE XVIII – TIME LIMITS FOR COMPLAINTS AND ACTION FOR LIABILITY

1. General Principles

1.1 Notification of complaints relating to Baggage

(a) The receipt of Checked Baggage by the recipient without complaint within the time limits provided shall constitute a presumption, unless the Passenger can prove otherwise, that the Baggage has been delivered in good condition and in accordance with the Contract of Carriage. Any missing Baggage must be reported to the Carrier as soon as the flight is completed. Any subsequent declaration may not be taken into account.

Similarly, any item found to be missing from the Baggage must be reported to the Carrier within seven (7) days of the date on which the Baggage was made available to the Passenger, providing all the supporting documents requested by the Carrier and necessary for the processing of the complaint. Any late declaration may be disregarded.

 

(b) In the event of damage, delay, loss or destruction of Baggage, the Passenger concerned must complain in writing to the Carrier as soon as possible and at the latest within seven (7) days (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) respectively from the date on which the Baggage was made available to the Passenger, providing all the supporting documents requested by the Carrier and necessary for the processing of the complaint.

In the absence of a complaint within the prescribed time limits, any action against the Carrier shall be inadmissible, except in the event of fraud on its part.

 

1.2 Actions for liability by Passengers

Under penalty of forfeiture, any action for liability must be brought within two years from the date of arrival at the destination, or from the day when the aircraft was due to arrive or carriage to stop.

The method of calculating the time limit shall be determined by the law of the Court to which the action is referred.

 

2. Procedures

2.1 The complaints or actions referred to in paragraphs 1.1 and 1.2 above must be made in writing to the following address, within the time limits indicated:

·       AIR CARAÏBES Customer Relations Department – BP 29054 – 30 971 NIMES CEDEX 9

·       By Internet: on the https://www.aircaraibes.com/pratique/contacts-reclamations website, via the Contacts area and then Complaints

 

2.2 After having contacted AIR CARAÏBES' customer service department, if no satisfactory response is received within 60 days, the customer may refer the matter to the Tourism and Travel Ombudsman, whose contact details and referral procedures are available on its website: www.mtv.travel (MTV Médiation Tourisme Voyage, BP 80 303 – 75 823 Paris Cedex 17)

 

2.3 Any action brought by either party that does not comply with this clause shall be inadmissible.

 

ARTICLE XIX – RIGHT OF WITHDRAWAL

In accordance with the provisions of articles L221-2 and L221-28 of the French Consumer Code, as AIR CARAÏBES provides transport services on a date or at a frequency determined on www.aircaraibes.com, you do not have the right of withdrawal provided for by articles L221-18 et seq. of the French Consumer Code applicable to distance selling.

 

ARTICLE XX – AMENDMENTS AND DELETIONS

No agent, employee or representative of the Carrier is authorized to change, modify or delete any of the provisions of these Conditions of Carriage.

The Carrier reserves the right to modify, or more generally update, these general conditions at any time and without notice.

 

ARTICLE XXI – APPLICABLE LAW

Any dispute arising from the execution or interpretation of these General Conditions of Carriage shall be governed by French law.