Article 1 to 5
ARTICLE 1. DEFINITIONS
AGREED STOPPING PLACES means those places, except the place of departure and the place of destination, set forth in the ticket or shown in Carrier's timetables as scheduled stopping places on the passenger's route.
AIRLINE DESIGNATOR CODE means two-characters or three letters which identify particular air carriers.
AUTHORIZED AGENT means a passenger sales agent who has been appointed by Carrier to represent Carrier in the sale of air passenger transportation over the service of the Carrier and, when authorized, over the services of other air carriers.
BAGGAGE means both checked baggage and unchecked
- baggage, unless otherwise specified.
BAGGAGE CHECK means those portions of the ticket which relate to the carriage of the passenger's checked
baggage, including a claim check issued by Carrier to be attached to the ticket.
BAGGAGE IDENTIFICATION TAG means a document issued by Carrier which is attached by Carrier to a particular piece of checked baggage for identification of such baggage.
CARRIAGE means carriage of passenger and/or baggage by air, gratuitously or for reward, including transportation
services incidental thereto.
CARRIER includes KLM and the air carrier, other than KLM, issuing the ticket and all air carriers that carry or undertake to carry the passenger and/or his baggage thereunder or undertake to perform any other services related to such air carriage, whichever is applicable pursuant to the context of the provisions of these General Conditions of Carriage.
CHECKED BAGGAGE means baggage of which Carrier takes sole custody, in accordance with article 9 of these General Conditions of Carriage, and for which Carrier has issued a baggage identification tag.
CONDITIONS OF CONTRACT means those statements contained in, or delivered with, the ticket or paper itinerary which include a reference to notices and these General Conditions of Carriage.
CONFIRMED RESERVATION means that the passenger has a ticket which contains
a) in the case of a paper ticket, a specification of the number, date and time of the flight and the notation “OK” in the appropriate space, or;
b) in the case of an electronic ticket or paperless transport document, an indication that the reservation has been registered and confirmed.
CONJUNCTION TICKET means a ticket issued to a
passenger in conjunction with another ticket which together constitute a single contract of carriage.
CONVENTION means whichever of the following instruments is applicable to the contract of carriage:
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 (hereinafter referred to as the Warsaw Convention);
- the Warsaw Convention as amended at The Hague on 28 September 1955;
- the Warsaw Convention as amended by Additional Protocol No 1 of Montreal (1975);
- the Warsaw Convention as amended at The Hague and by Additional Protocol No 2 of Montreal (1975);
- the Warsaw Convention as amended at the Hague and by Additional Protocol No 4 of Montreal (1975);
- the Convention Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, signed at Guadalajara on 18 September 1961.
- the Convention for the Unification of Certain Rules For International Carriage by Air, signed at Montreal on 28 May 1999.
COUNTRY OF DEPARTURE means the country where the place of departure as herein defined is situated.
COUPON means both a Flight Coupon and an Electronic Coupon.
DAMAGE includes death, bodily injury to a passenger, damages due to delay, partial loss or other damage of
whatsoever nature arising out of or in connection with
carriage or other services performed by Carrier incidental thereto.
DAYS mean calendar days, provided that, for the purposes of notification, the day upon which the notice is dispatched shall not be counted, and that for purposes of determining duration of validity the day upon which the ticket is issued, or flight commenced, shall not be counted.
DENIED BOARDING means a refusal to carry a passenger on a KLM flight although he (1) has a Confirmed reservation on that flight, (2) holds a valid Ticket and (3) has checked in or has presented himself for check-in at the check-in desk before the latest check-in time (or for connecting passengers the minimum connecting time for that airport), as specified by Carrier, or such any other time indicated to the passenger in advance by Carrier or by its agent, or if no time is
indicated, not later than 45 minutes before the published departure time, except where there are reasonable grounds to deny the passenger boarding such as reasons of health, safety or security, or inadequate travel documentation.
DENIED BOARDING COMPENSATION or DBC means a compensation offered to the passenger in accordance with the provisions of article 20 of these General Conditions of Carriage.
ELECTRONIC COUPON means an electronic flight coupon or other value document held in Carrier's database.
ELECTRONIC TICKET means the paper itinerary issued by Carrier or on behalf of Carrier, the Electronic Coupons and, if applicable, a boarding document.
EUROPEAN COMMUNITY in articles 11, 12 and 20 of these General Conditions includes the European Economic Area (EEA), and other countries upon condition only that Regulation 261/2004 applies, either directly or indirectly, in those other countries pursuant to arrangements between those countries and the European Community.
FINAL DESTINATION means the destination on the ticket presented for check-in or at the check-in desk or, in the case of directly connecting flights, the destination of the last flight.
FLIGHT COUPON means that portion of the ticket issued by or on behalf of Carrier that bears the notation "good for passage" or in the case of an electronic ticket, the electronic coupon, and indicates the particular places between which passenger is entitled to be carried.
FORCE MAJEURE means unusual and unforeseeable
circumstances beyond the control of the passenger and/or Carrier, the consequences of which could not have been avoided even if all due care had been exercised, including but not limited to cases of political instability (wars, riots, airport closure, embargoes, seizure, hostilities, unsettled international conditions, government regulations), meteorological conditions imcompatible with the operation of the flight concerned (floods, earthquakes, hurricanes, thick
fog, severe storms, snow/runway iced cover), security risks (terrorist attacks, bomb alert, hijacking, requisitioning of aircraft or seats on the flight by government order, fire or explosions, sabotage), unexpected flight safety shortcomings (e.g. mechanical failure, defective or non-functioning airport facilities such as defective navigation systems, de-icing
station, congested x-ray screening check points, breakdown in airport information systems), unexpected diversions as a consequence of illness/childbirth on board and/or unruly passenger(s), epidemics, strikes that affect the operation
of Carrier, air traffic management decision in relation to a particular aircraft on a particular day that gives rise to a long delay or the cancellation of one or more flights by that aircraft.
GROSS NEGLIGENCE means any act or omission done recklessly and with the knowledge that damage would
probably result.
INCAPACITATED PASSENGER means a passenger whose physical, medical or mental condition requires individual attention (on enplaning and deplaning; during flight; in an emergency evacuation; during ground handling) which is normally not extended to other passengers.
KLM means Koninklijke Luchtvaart Maatschappij N.V.
NORMAL FARE means the highest fare fixed for carriage in a given class of carriage, and any other fare denominated and published as a normal fare.
OVERBOOKED FLIGHT means a flight where the number of passengers holding a confirmed reservation and presenting themselves for check-in within the required time
limit and as stipulated exceeds the number of available seats.
PAPER ITINERARY means a document or documents Carrier issues to passengers travelling on electronic tickets that contains the passenger name, flight information and notices.
PASSENGER means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.
PASSENGER COUPON or PASSENGER RECEIPT means that portion of the ticket which is so marked and which ultimately is to be retained by the passenger.
PLACE OF DEPARTURE means the airport from which
travel initially commences as shown on the ticket.
PLACE OF DESTINATION means the airport where the passenger reaches his ultimate stopping place as shown on the ticket.
RESERVATION, which is equivalent to the term "booking", means the allotment in advance of seating or sleeping accommodation for a passenger or of space or weight
capacity for baggage.
SPECIAL DRAWING RIGHT or SDR means a unit of account established by the International Monetary Fund.
SPECIAL FARE means any fare which is not a normal fare.
STOPOVER means a deliberate interruption of the journey by the passenger at a point between the place of departure and the place of destination.
TARIFF REGULATIONS mean the published fares charges and/or related conditions of carriage of an airline as filed with United States and Canadian authorities.
TICKET means either the document entitled "Passenger Ticket and Baggage Check” or the electronic ticket, in each case issued by or on behalf of Carrier and including certain conditions of contract and notices, and the flight and
passenger coupons or passenger receipt contained therein.
UNCHECKED BAGGAGE means any baggage of the
passenger other than checked baggage.
WILFUL MISCONDUCT means any act or omission, done with intent to cause damage.
ARTICLE 2. APPLICABILITY
1. GENERAL
a. These General Conditions of Carriage are the conditions of carriage of KLM referred to in amongst others the
ticket. Except as provided in paragraph 2 of this article, they apply to all carriage of passengers and baggage, performed by Carrier for reward. Unless otherwise agreed they also apply to gratuitous carriage. These General Conditions of Carriage take precedence over the conditions of contract in the ticket. Carriage against special fares are also subject to special conditions and/or tariff regulations, which in case of contra-
diction shall take precedence over these General Conditions of Carriage.
b. These General Conditions of Carriage shall apply to
passengers travelling on a flight or a specified flight
sector, pursuant to a ticket on which KLM is designated as the carrier for such flight or a specified flight sector. Designation of KLM as the carrier for such flight or
specified flight sector constitutes prima facie evidence of the contract of carriage for that flight or specified flight sector between KLM and the person named as passenger on the ticket.
2. OVERRIDING LAW
To the extent that any provision contained or referred to
herein is contrary to anything contained in the Convention and in any other treaties, applicable laws, government regulations, tariff regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.
3. CODE SHARES
On some flights KLM has arrangements with other
carriers, generally known as ‘code share’. This means that other airlines may operate a flight even though KLM is mentioned in the ticket as “carrier”. These General Conditions of Carriage also apply to such transportation. If such arrangement applies, KLM will advise the passenger of the carrier operating the aircraft at the time he makes a reservation.
4. EFFECTIVE RULES
All carriage shall be subject to Carrier's General Conditions of Carriage and Carrier's tariff regulations in effect on the date of issue of the ticket or, if such date cannot be ascertained, on the date of commencement of carriage covered by the first flight coupon of the (electronic) ticket.
ARTICLE 3. TICKETS
1. TICKET PRIMA FACIE EVIDENCE OF CONTRACT
The ticket constitutes prima facie evidence of the contract of carriage between Carrier and the passenger named on the ticket.
2. REQUIREMENT FOR VALID TICKET
A ticket will not be issued until the applicable fare has been paid or until credit arrangements established by Carrier have been complied with. Except in the case of an electronic ticket a person shall not be entitled to be carried on a flight unless that person presents a valid ticket containing the flight coupon for that flight, all other unused flight coupons and the passenger coupon or, if issued, the passenger receipt. A passenger shall furthermore not be entitled to be carried if the ticket presented is mutilated or has been
altered otherwise than by Carrier or its authorized agent.
In the case of an electronic ticket, a person shall not be entitled to be carried on a flight unless that person provides positive identification and a valid electronic ticket has been duly issued to that person.
3. IRREGULARITIES OF TICKET; LOST OR STOLEN
TICKETS
In case of loss, theft or mutilation of a ticket (or part thereof) by the passenger or non-presentation thereof, upon the passenger’s request Carrier will replace such ticket (or part thereof) by issuing a new ticket, provided there is evidence, readily ascertainable at the time, that a ticket valid for the flight(s) in question was duly issued and provided that
the passenger signs an agreement to reimburse Carrier for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by Carrier
for misuse of the ticket. Carrier may charge a reasonable administration fee for this service, unless the loss, theft or mutilation was due to the negligence of the issuing carrier, or its agent. Where such evidence is not available or the
passenger does not sign such an agreement, Carrier issuing the new ticket may require the passenger to pay up to the full ticket price for a replacement ticket, subject to refund if and when Carrier is satisfied that the loss or mutilated
ticket has not been used before the expiry of its validity. If, upon finding the original ticket before the expiry of its validity, the passenger surrenders it to Carrier issuing the new ticket, the foregoing refund will be processed at that time.
4. TICKET NOT TRANSFERABLE
A ticket is not transferable except as may be required by any locally applicable laws, in particular those of the European Community concerning package holidays. It is not allowed to travel on a ticket by a person other than the passenger named in the ticket. If a ticket is presented by someone other than the person entitled to be carried thereunder or to a refund in connection therewith, Carrier shall not be liable to the person so entitled if in good faith it provides carriage or makes a refund to the person presenting the ticket. Carrier reserves the right to request a passenger to identify himself with a valid identification.
5. PERIOD OF VALIDITY
A ticket issued at the normal fare is valid for carriage for one year from the date of commencement of flight or, if no
portion of the ticket is used, from the date of issue thereof. A ticket issued at a special fare is valid for carriage only for the period and subject to the conditions as notified by Carrier in its tariff regulations.
6. EXTENSION OF VALIDITY
(a) If a passenger is prevented from travelling within the
period of validity of the ticket because Carrier:
(1) is unable to provide space on the flight at the time
such passenger requests reservation;
(2) cancels the flight on which the passenger holds a reservation;
(3) omits a scheduled stop, being the passenger's place of departure, place of destination or a stopover;
(4) fails to operate a flight reasonably according to
schedule;
(5) causes the passenger to miss a connection;
(6) substitutes a different class of service; or
(7) is unable to provide previously confirmed space, the validity of such passenger's ticket will be extended until Carrier's first flight on which space is available for that passenger in the class of service for which the fare has been paid.
(b) When a passenger after having commenced his journey is prevented from travelling within the period of validity of his ticket by reason of illness, Carrier will extend the period of validity of such passenger's ticket. The extension shall be in effect until the passenger has become fit to travel or until Carrier’s first flight after such date, from the place where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the ticket, or in the case of an electronic ticket, the electronic coupons, involve one or more stopovers, the period of validity of such ticket will be extended for not more than three months from the date shown on such medical certificate. In such circumstances, Carrier will extend similarly the period of validity of tickets of the passenger's spouse or of members of his immediate family accompanying an incapacitated passenger.
(c) In the event of death of a passenger en route, the tickets of the persons accompanying the passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death of the spouse or in the immediate family of a passenger who has commenced travel, the passenger's tickets and those of his immediate family accompanying the passenger may be likewise modified. Any such modification shall be made upon receipt of a proper death certificate and any such extension of validity shall be for a period no longer than
45 days from the date of the death.
7. FLIGHT COUPON SEQUENCE
(a) Carrier will honour flight coupons only in sequence from the place of departure as shown on the ticket.
(b) The passenger wishing to change any aspect of his
itinerary (i.e. the place of departure, a stopover or the place of destination as mentioned in the ticket), shall contact Carrier in advance. The fare for the altered
itinerary will be calculated and the passenger will be given the option of accepting the new fare or main-
taining his original itinerary. Should the passenger change his original itinerary without the consent of Carrier, Carrier will assess the correct fare for the
altered itinerary. Any difference between the fare of the original itinerary and the fare of the altered itinerary shall be settled in accordance with subparagraph (d).
(c) Should the passenger not use the first flight coupon(s) of the ticket and embark at an airport which is not the place of departure but mentioned in the ticket as a
stopover, then Carrier shall calculate a new fare. Any
difference between the fare of the original itinerary
and the fare of the altered itinerary shall be settled in accordance with subparagraph (d).
(d) Should the fare of the original itinerary be higher than the fare of the altered itinerary, the difference shall be reimbursed by Carrier to the passenger. Should the fare of the original itinerary be lower than the fare of the
altered itinerary, the difference shall be paid by the
passenger to Carrier.
(e) Notwithstanding the provisions of subparagraph (b) and (c), should the passenger be required to change any aspects of his itinerary due to force majeure, he shall contact Carrier as soon as practicable. Carrier will use reasonable efforts to transport the passenger to his next stopover or place of destination, without recalculation of the fare, subject to the passenger giving evidence, to Carrier’s satisfaction, of passenger’s force majeure.
(f) The passenger coupon or passenger receipt and all
unused flight coupons not previously surren-dered to Carrier shall be retained by the passenger throughout his journey and shall be produced and the applicable flight coupons shall be surrendered to Carrier at Carrier's request.
8. CLASS OF SERVICE
Each flight coupon will be accepted for carriage in the class of service specified therein on the date and flight for which accommodation has been reserved. When flight coupons are issued without a reservation being specified thereon, space will be reserved on application subject to the
conditions of the rele-vant fare and the availability of space on the flight applied for.
9. ABBREVIATIONS
Carrier's name may be abbreviated in the ticket.
ARTICLE 4. STOPOVERS
In the case of a passenger holding a ticket issued at the
normal fare, stopovers within the period of validity of the ticket will be permitted at any agreed stopping place unless government requirements or tariff regulations or timetables do not permit such stopover. In the case of a passenger
holding a ticket issued at a special fare, stopovers are
subject to the limitations or prohibitions on stopovers as provided in tariff regulations. Additional charges for stop-overs may be payable pursuant to tariff regulations.
ARTICLE 5. FARES AND CHARGES
1. GENERAL
Fares apply only for carriage from the place of departure to the place of destination. Fares do not normally include transport service between airports and between airports and town terminals. Carrier may however, at its discretion,
provide such transport without additional charge.
2. APPLICABLE FARES
Applicable fares are those published by or on behalf of Carrier or, if not so published, constructed in accordance with Carrier's tariff regulations, for the flight or flights
indicated in the ticket from the place of departure to
the place of destination, in effect for a given class of service at the place of actual commencement of the carriage on
the date of payment of the ticket. Upon check-in, the
applicable fares and charges must have been paid.
3. TAXES, FEES AND CHARGES
Any taxes, fees and/or charges imposed by government or by municipal or other authority, or by the operator of the airport or by KLM, in respect of a passenger or the use by a passenger of any services or facilities will be in addition to the otherwise applicable fares and charges and shall be payable by the passenger to the extent they are not already included in the fare, even after the ticket was issued and/or after the passenger paid the ticket fare.
4. CURRENCY
To the extent the applicable law permits, fares and charges are payable in any currency acceptable to Carrier. When
payment is made in a currency other than the currency in which the fare is published in the country of payment, the exchange rate for such payment will be the banker's selling rate of the bank, used by Carrier in this respect on the day the ticket is issued.