Article 6 - 10
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ARTICLE 6: PERSONAL DATA
6.1 Passengers shall provide the Carrier, or its Authorised Agent, with their personal information for the purpose of making a Reservation, obtaining complementary services, facilitating immigration formalities and entering the territory of a State. The personal information disclosed to the Carrier in connection with the conclusion and execution of the Contract of Carriage may be subject to data processing. All personal information is collected and processed in accordance with the Dutch Personal Data Protection Act (Wet Bescherming Persoonsgegevens), based on EU Directive 95/46/EC.
6.2 Information provided by the Passengers is primarily used for the purposes of (i) Reservation and purchase of their Ticket, (ii) provision of specific services in associated with the transportation service, (iii) canvassing, retention, guidance and commercial information, and (iv) performance of statistical studies. It may also be used for the purpose of facilitating the completion of administrative formalities relating to immigration and entering a territory, preventing non-payment and combating fraud, as well as guaranteeing the security and safety of flights.
6.3 Passengers are advised that any incident occurred during the execution of the Contract of Carriage which could possibly jeopardise the safety or security of a flight will be registered in a computerised system and may be disclosed to the appropriate Government Authorities.
Passengers are informed and accept that the provision of certain specific ancillary services like special meals and/or medical assistance may require the Carrier to record in its data base data that is likely to fall in article 16 of the Dutch Personal Data Protection Act. This data is only used for the specific additional services requested by the Passenger.
6.4 The data collected may be made accessible to authorised staff of the Carrier, or its partners (Authorised Agents, Carriers as defined in Article 1 above, etc.) or of its ancillary service providers, as part of the fulfilment of the requested services referred to above.
6.5 In accordance with applicable laws and regulations both in the Netherlands and internationally, the Carrier is also occasionally obliged to make personal data available to authorised Dutch or foreign authorities (e.g. customs, police, immigration, etc.), in particular for the purpose of preventing and combating terrorism or other crimes.
It is stipulated that some of the recipients mentioned above may be based outside the European Union and have access to some or all personal data collected by the Carrier (surname, first name, passport number, travel details, etc.), for the performance of the Passenger’s Contract of Carriage or due to a specific legal authorisation. Data transfers conducted outside the European Union are carried out in accordance with the conditions defined in the Dutch Personal Data Protection Act.
6.6 Under the Dutch Personal Data Protection Act, Passengers have rights to access, correct, remove or object to data collected relating to themselves. These rights are to be exercised by sending a letter to the following address: KLM Privacy Office – AMSPI, P.O. Box 7700, 1117ZL Schiphol, the Netherlands.
6.8 Unless Passengers object either at the time at which their data is gathered or by writing to the aforementioned address, the Carrier reserves the right to use the Passenger's data or to pass it on to its partners in order to be able to send the Passenger appropriate commercial offers.
6.9 Where required by law (electronic marketing), a Passenger’s data shall not be used for marketing purposes by the Carrier or its partners unless this Passenger has given their approval for such use when providing their personal data. The Passenger may, subsequently, object to it’s data being used for such purposes by sending a letter to the address mentioned in Article 6.6.
6.10 It is stipulated that the collection of certain personal data is essential to make the Reservation possible and to fulfil the Contract of Carriage. Passengers can exercise their right to object to the collection and processing of their data, but shall be informed that this may result in cancellation of the flight or inability to receive some of the specific requested ancillary services (e.g. special meals, etc.). It is also specified that, in accordance with applicable laws and regulations in the Netherlands and internationally, the lack of some personal information or the inaccuracy of the supplied information may lead to a decision to deny boarding or entry into a foreign territory. This without the Carrier incurring any liability as a result.
ARTICLE 7: SPECIAL ASSISTANCE
7.1 The carriage of unaccompanied children, Passengers with Reduced Mobility, and persons with illnesses or any other persons who require special assistance, may be subject to special conditions. In certain situations the carriage shall only be performed subject to the Carrier’s prior consent. The Carrier reserves the right to require a medical certificate with regard to particular medical conditions. Acceptance for carriage of pregnant women may be subject to prior arrangement with Carrier. The special conditions relating to the carriage of Passengers as referred to in this Article 7.1 are available from the Carrier and its Authorised Agents on request and on the KLM Website.
It is advisable for Passengers to inform the Carrier of their disability or of any need for special assistance when making their Reservation. Should a request for special assistance be made following Reservation or in accordance with the applicable regulations, less than 48 hours prior to departure, the Carrier will do everything in its power to fulfill the request pursuant to the applicable regulations, taking particular account of the time frame and the specific nature of the assistance requested. Should the Passenger, when checking in or boarding, require special assistance for which a request has not timely and in accordance with this Article been made, then the Carrier has the right to refuse the Passenger pursuant to Article 9 (o).
7.2 If a Passenger requires a special meal, they must enquire as to the availability thereof when making the Reservation (and/or changing a Reservation) or within the time limits published by the Carrier for this purpose. Otherwise, the Carrier cannot guarantee the presence of said special meal on board the flight concerned.
7.3 If a Passenger has a medical background or a specific medical condition which may be affected by travelling in a pressurized cabin, it is recommended that the Passenger consults a doctor before taking a flight, particularly a long-haul flight, and take all necessary precautions for their flight to take place without incident.
7.4 If the Passenger fails to inform the Carrier of a mental or physical condition, or incapacity within the meaning of Article 7.1, and in connection with that condition the Carrier diverts the aircraft to an unscheduled place of destination, the Carrier is entitled to recover the reasonable costs of the diversion and other related costs from the Passenger, unless in case of Force Majeure on the side of the Passenger.
ARTICLE 8: CHECK-IN/BOARDING
8.1 Check-In Deadlines (CID) vary from one airport to another. Passengers must imperatively comply with Check-In Deadlines in order to facilitate their journey and avoid their Reservations being cancelled. The Carrier or its Authorised Agent shall provide Passengers with all requisite information on the Check-In Deadline for their first flight with the Carrier. If the Passenger’s journey includes subsequent flights, it is the Passenger’s responsibility to check they are in possession of all the information relating to Check-in Deadlines for these flights.
8.2 Passengers must arrive sufficiently in advance of the flight in order to be able to carry out all necessary formalities for their journey; in any event, they must comply with the Check-In Deadline. Should the Passenger fail to do so or should the Passenger not present all the documents allowing them to be checked-in and therefore be unable to travel, the Carrier may cancel Passenger’s Reservation and seat reserved for such Passenger, without having any further obligation towards the relevant Passenger and without any liability on the part of the Carrier.
8.3 Passengers must be present at the boarding gate prior to the boarding time specified at check-in. The Carrier shall be entitled to cancel a Passenger’s Reservation and seat reserved for such Passenger if the Passenger is not present at the boarding gate at the latest by the boarding time specified to the Passenger, without having any further obligation towards the relevant Passenger and without any liability on the part of the Carrier.
8.4 The Carrier shall have no obligation (including, without limitation, no obligation to carry or pay a refund) or liability whatsoever towards a Passenger who has not complied with the conditions of this Article.
ARTICLE 9: REFUSAL AND LIMITATION ON CARRIAGE
The Carrier may refuse to transport Passengers and their Baggage, if one or more of the following cases has occurred or is likely to occur:
(a) Carrier in its reasonable discretion determines that such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over.
(b) The Passenger has expressed himself in such a way or displayed such behaviour that (i) doubt exists with respect to safety and/or (ii) the Carrier, its crew and/or ground staff, its aircraft/assets and/or property, its services (including any loyalty programme of the Carrier) or its Passengers has suffered any damage, either direct or indirect. Such expression or behaviour includes the use of threatening, abusive or insulting language towards ground staff or crew and Passengers threatening to endanger or who have already endangered the safety of one or more persons, goods or the aircraft itself (which includes those who make a hoax bomb threat.
(c) The Passenger’s physical or mental state, including any condition caused by the consumption of alcohol or the use of drugs or medication, could present discomfort, a hazard or risk to themselves, the other Passengers, the crew or property.
(d) The Passenger is, or appears to be in the unlawful possession of drugs.
(e) The Passenger has compromised security, order and/or discipline when checking in for the flight or, for connecting flights, during a previous flight and the Carrier has reason to believe that such conduct may be repeated.
(f) Immigration and/or customs authorities and/or any other government authority informed the Carrier (either orally or in writing) that the Passenger is not allowed to travel and/or the Carrier has notified the Passenger (either orally or in writing) that the Carrier will not carry the Passenger on his flights, for a certain period or forever. This includes situations in which the Carrier has received a negative travel advice regarding the Passenger from such authority, for example in cases where the Passenger is suspected of (intent to) drug smuggling and situations where the authorities have notified the Passenger in writing that the Carrier shall no longer carry the Passenger on its flights.
(g) The Carrier itself has decided in its sole discretion, not to carry the Passenger on its flights for a certain period due to the Passenger’s (criminal) misbehavior against the Carrier, its crew and/or ground staff, its aircraft/ assets and/ or property, its services (including any loyalty programme of the Carrier) or its Passengers, and has informed the Passenger thereof either orally or in writing.
(h) The Passenger has refused to undergo the security as outlined in particular in Articles 10.1.3 and 18.6 below or has refused to provide proof of his identity.
(i) The Passenger is not in a position to prove that they are the person referred to in the box “Passenger name” box on the Ticket.
(j) The Passenger (or the person who paid for the Ticket) has not paid the Fare Including Tax in force and/or the applicable Issue Fees and/or Taxes.
(k) The Passenger does not appear to be in possession of valid travel documents, may seek or has sought to illegally enter a country through which he may be in transit, or for which he does not have a valid entry document, has destroyed travel documents during the flight, has refused to allow copies thereof to be made and kept by the Carrier, or the Passenger’s travel documents have expired, are incomplete in light of the regulations in force, or appear to be fraudulent or otherwise suspicious (for example: identity theft, forgery or counterfeiting of documents).
(l) The Ticket presented by the Passenger:
- appears to be invalid, or
- was acquired unlawfully or purchased from an organisation other than the Carrier or its Authorised Agent, or
- has been reported as stolen or lost document, or
- has been forged or appears to be counterfeited, fraudulent or otherwise suspicious, or
- has a Flight Coupon that has been damaged or modified by someone other than the Carrier or its Authorised Agent.
(m) The Passenger refuses to pay an additional fare and/or the Administration Fees under the conditions specified in Article 3.4 above.
(n) The Passenger refuses to pay a surcharge under the conditions specified in Article 10 below.
(o) When checking in or boarding, the Passenger requires special assistance that was not requested when the travel Reservation was made, or in accordance with the applicable regulations, at least 48 hours before the announced departure time of the flight, in accordance with Article 7.1, and which the Carrier cannot reasonably provide.
(p) The Passenger has not complied with the instructions and regulations relating to security and/or safety.
(q) A Passenger benefiting from a fare reduction or a Fare that is subject to specific conditions, is unable to provide the supporting documents required for the allocation of this specific Fare and refuses to pay the Fare readjustment defined in Article 3.1 (i).
In cases (i), (k), (l), (m) and (n) above, the Carrier shall be entitled to cancel the Passenger’s Ticket. In the cases of (f), (j) and (l) the Carrier has the right to refuse a refund of the Ticket of the Passenger as defined in Article 14.4 (f).
ARTICLE 10: BAGGAGE
10.1 General Provisions
10.1.1 Passenger’s Obligations
(a) Passengers declare that they are fully aware of the content of all of their Baggage.
(b) Passengers undertake not to leave their Baggage unattended from the moment they pack it and not to accept items from another Passenger or from any other person.
(c) Passengers undertake not to travel with Baggage entrusted to them by a third party.
(d) Passengers are advised not to include perishable or fragile items in their Baggage. If however the Passenger includes such items or objects in their Baggage, they must ensure that that these are properly and securely packed and protected in suitable containers in order not to damage these items and objects as well as Baggage belonging to other Passengers’ Baggage or the Carrier’s aircraft.
10.1.2 Prohibited Items
Passengers shall not include in their Baggage any items for which carriage is prohibited or restricted by the applicable regulations and the law in force in any departure, arrival or transit State or State over which the aircraft flies, including in particular:
(a) Items that are liable to endanger the aircraft, the persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA) and in the Carrier’s regulations, as applicable (additional information is available upon request from the Carrier); these items include in particular but is not limited to, asbestos, explosives, pressurised gas, oxidising, radioactive or magnetised substances, inflammable substances, toxic or corrosive substances articles, liquids or other substances which are capable of posing a significant risk to health, safety or property when transported by air.
(b) Items which in the reasonable opinion of the Carrier are unsuitable for Carriage because of the weight, dimensions, unpleasant odour, configuration or fragile or perishable nature, make them unsuitable for Carriage, in particular in light of the type of aircraft used. Information on these items shall be provided to Passengers, upon request;
(c) Firearms and ammunition other than those intended for hunting or sport which, in order to be accepted as cargo or Checked Baggage, must be unloaded and suitably packed and have the safety catch on. The carriage of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations, as stated in paragraph (a) above;
(d) Cutting weapons, stabbing weapons and aerosols that may be used as attack or defense weapons, antique weapons, replica of weapons, swords, knives and other weapons of this type. This type of weapon may not be transported in the cabin under any circumstances. They may nevertheless be contained as cargo or Checked Baggage, subject to acceptance by the Carrier.
(e) Live animals, except as provided for in the provisions of Article 10.4.
Furthermore, additional information on prohibited items which may not be carried as Unchecked Baggage, including but not limited to carriage liquids and gels as well as pointed/edged weapons and sharp objects, blunt instruments and lighters, are available from the Carrier and on the KLM Website.
10.1.3 Right of Search
For security/safety reasons, and/or on the request of the authorities, the Passenger may be asked to undergo for themselves and/or their Baggage, a search or any type of scan (using X-rays or another technique). If a Passenger is not available, their Baggage may be scanned or searched in their absence, with a view to checking, in particular, whether it contains the items referred to in Article 10.1.2 above. If a Passenger refuses to comply with such requests, the Carrier may deny them and their Baggage carriage. If said scans damage the Baggage and the contents thereof or cause Damage, the Carrier shall not be liable, unless the Damage is caused by the Carrier’s gross negligence or willful misconduct.
10.1.4 Right to Refuse Carriage to Carry Baggage
(a) The Carrier may, for security and/ or safety reasons, refuse to carry or continue to carry a Passenger’s Baggage if it contains any of the items listed in Article 10.1.2 above or if the Passenger has failed to comply with the obligations of Article 10.1.1(a), (b) and (c). The Carrier has no obligation to take custody of refused Baggage and/or items.
(b) The Carrier may, in particular for security, safety, hygiene and/ or operating reasons, refuse to carry any item that is incompatible with Air Carriage because of its dimensions, shape, weight, contents, configuration or nature, or refuse to continue to carry them should they be discovered during a journey. The Carrier has no obligation to take custody of refused Baggage and/or items.
(c) The Carrier may refuse to carry Baggage for which the Passenger has refused to pay the surcharge as defined in Article 10.2.2 (b). The Carrier has no obligation to take custody of refused Baggage or items.
(d) The Carrier will not agree to carry animals that do not have the documents required by the applicable regulations such as defined in Article 10.4.
(e) The Carrier may refuse to carry in the hold Baggage that has not been handed over by the Passenger to the Carrier prior to the Check-in Deadline under the conditions defined in Article 10.2.1 (a).
10.2 Checked Baggage
10.2.1 General Provisions
(a) The Passenger must hand over Baggage at the Carrier’s check-in desk or at the self service drop off point for the purpose of checking in prior to the Check-in Deadline.
(b) As soon as Passengers have handed over their Baggage at check-in, under the aforementioned conditions, the Carrier shall take custody thereof and issue Passengers with a Baggage Check, for each item that of Checked Baggage.
(c) Passengers must affix their name to their Baggage.
(d) Carrier will try, as much as reasonable possible, to arrange that Checked Baggage is carried on the same aircraft as the Passenger. Amongst others, for operating or security/safety reasons, the Checked Baggage may be carried on another flight. In this case, the Carrier will deliver the Baggage to the Passenger, unless the applicable regulations require the Passenger to be present for a customs inspection.
(e) Checked Baggage must be able to withstand normal handling and protect its content.
(f) Passengers are advised not to put in their Baggage currency, jewellery, works of art, precious metals, silverware, securities, or other valuables, optical or photographic equipment, computers, electronic and/ or telecommunication equipment or devices, musical instruments, passports and identity documents, keys, business documents, manuscripts or deeds, whether individualized or fungible etc. In this respect, it is specified that in the event of destruction, loss or damage of Checked Baggage, the Carrier will only be liable to the extent defined by the Convention and Article 19 of these General Conditions of Carriage.
(g) Subject to applicable regulations, Passengers are advised not to carry any medication in their Checked Baggage.
10.2.2 Baggage Allowance
(a) Where applicable according to fare conditions the Baggage Allowance corresponds to carriage in the hold of a quantity of Baggage per Passenger limited in number and/or weight and/or dimensions, determined on the basis of the destination and the Fare paid and appearing on the Ticket.
(b) Passengers may travel with Checked Baggage that exceeds the Baggage Allowance, subject to payment of a surcharge. The conditions relating to this surcharge are available from the Carrier and its Authorised Agents and on the KLM Website.
(c) In all cases, the Checked Baggage may not exceed a maximum number per Passenger. Information relating to this maximum number is available from the Carrier and its Authorised Agents and on the KLM Website.
(d) Passengers can obtain all relevant information about the applicable Baggage Allowance, if any, from the Carrier or its Authorized Agent and the KLM Website.
10.2.3 Special Declaration of Interest
(a) For all Checked Baggage with a value that exceeds the liability limits in the event of destruction, loss, damage or delay, as defined by the Convention, Passengers can either purchase insurance coverage prior to the journey or, when handing over the Baggage to the Carrier, make a Special Declaration of Interest limited to a certain amount. In this case, a surcharge made known upon request, must be paid by the Passenger. Compensation will be paid in accordance with the provisions of Article 19.
(b) The Carrier reserves the right to verify the adequacy of the value declared with the value of the Baggage and the contents thereof.
(c) All Special Declarations of Interest must be made by the Passenger to the Carrier prior to the Check-in Deadline. The Carrier may refuse any Special Declaration of Interest if a Passenger does not comply with the afore mentioned time limit. The Carrier also has the option of capping the level of the declarations. The Carrier also reserves the right to prove, in the event of damage, that the amount declared was higher than the Passenger’s genuine interest at the time of delivery.
(d) Passengers can obtain all the relevant information regarding this Special Declaration of Interest and surcharge specified in Article 10.2.3 above from the Carrier.
10.2.4 Collection and Delivery of Baggage
(a) Subject to the provisions of Article 10.2.1 (d), it is the responsibility of Passengers to collect their Checked Baggage as soon as made available to them at the Place of Destination or Stopover. If a Passenger does not collect Baggage within three months from the Baggage being made available to them, the Carrier may dispose of said Baggage, without being liable to the Passenger in any way.
(b) Only the bearer of the Baggage Check is authorised to collect Checked Baggage.
(c) If a person claiming Baggage is not in a position to produce the Baggage Check, the Carrier shall only hand over the Baggage to such person on the condition that he/she establishes his/her rights thereto in a satisfactory manner.
(d) Receipt of the Baggage by the bearer of the Baggage Check without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the Contract of Carriage (subject to proof to the contrary by the Passenger).
(e) For the collection of Checked Baggage in the event of prematurely interruption of the journey, the provisions under Article 3.4 (d) apply.
10.3 Unchecked Baggage
(a) All Tickets allow for carriage in the cabin of a quantity of Unchecked Baggage which is limited by number and/or weight and/or dimension. Should this information not have been specified to the Passenger, a single Unchecked Baggage item will be accepted and Unchecked Baggage must be able to be placed beneath the seat, in front of Passengers or in a locker provided for this purpose. Should the Carrier be required to check Baggage into the hold as a result of a failure on the part of the Passenger to comply with the above conditions, the Passenger may be required, where applicable, to pay a surcharge, as specified in Article 10.2.2 (b).
Certain Baggage which the Passengers wish to take in the cabin, may, for security and/or safety and/or operation or aircraft configuration reasons, at any time prior to the flight departure, be denied cabin access and must be carried as Checked Baggage.
(b) The Baggage/items that Passengers do not wish to carry in the hold (such as fragile musical instruments or other items) and that do not comply with the provisions of Article 10.3 (a) above (excess dimensions and/or weight), may only be accepted for cabin carriage if the Carrier has been duly informed thereof by the Passenger prior to check-in and granted authorization. In this case, the carriage of said Baggage may be subject to a charge, in accordance with the Carrier’s fare conditions, which can be obtained from the latter.
(c) Passengers are responsible for personal effects and Unchecked Baggage that they take into the cabin. In the event of destruction, theft, loss or damage of personal effects and Unchecked Baggage, the Carrier may only be held liable if wrongdoing on its part, or that of its officials or agents, is proven, said liability being then limited to the amount defined in Article 19 of these General Conditions of Carriage.
10.4.1 General Provisions
(a) The carriage of animals travelling with Passengers is subject to the Carrier’s prior and explicit acceptance.
(b) The number of animals that can be carried is limited per flight and per Passenger.
(c) In accordance with the regulations in force, the carriage of certain categories of animals is prohibited. Information relating to these categories is available on request from the Carrier and its Authorised Agent and on the KLM Website.
(d) Passengers must be able to provide all valid documents relating to their animal, required by the authorities in the departure, arrival or transit country, including in particular passports, health and vaccination certificates and entry or transit permits. The Carrier will not agree to carry animals that do not have the requisite documents.
(e) Depending on the destination, the carriage of animals can be subject to conditions, in particular age, weight, health checks, which the Passenger may obtain from the Carrier.
(f) The animal and its container are not included in the Baggage Allowance; the Passenger must pay a surcharge, the conditions of which are available from the Carrier.
(g) Guide dogs, service animals, and if applicable their cages, accompanying Passengers with Reduced Mobility will be carried free of charge, in addition to the applicable Baggage Allowance, in accordance with the Carrier’s regulations, which are available on request.
(h) In the event of fraud or the absence or invalidity of the required documents or if the container intended for carrying the animal does not comply with the provisions of Article 10.4.3, the Carrier shall not assume any liability for the injury, loss, delay, illness or death of animals carried (in the event that the animal is refused entry into or passage through any country, state or territory), as a result of these failures, unless this is solely caused by gross negligence or willful misconduct of the Carrier. Passengers travelling with animals who fail to comply with the applicable regulations must reimburse the fines, loss, compensation and all costs and damage incurred by Carrier due to such a situation.
The Carrier shall at all times be entitled to set such additional conditions as it deems appropriate in its discretion.
(i) Passengers can obtain all the relevant information regarding the carriage of animals and in particular, the surcharge specified in Article 10.4.1 (f) above form the Carrier and its Authorised Agent and on the KLM Website.
10.4.2 Animals travelling in the cabin
(a) Pets and their cages will in no event be accepted in the cabin when exceeding a weight fixed by the Carrier. Information relating to the maximum weight is available on request from the Carrier and its Authorised Agent and on the KLM Website.
(b) Pets must be placed in container designed for this purpose, which is closed and fully contains the animal and in which the animal is able to stand up, turn around and breathe easily and freely.
(c) Passenger undertake not to remove Pets, even partially from their containers for the entire duration of the flight.
10.4.3 Pets Travelling in the Hold
Pets must be placed in a rigid plastic or fibre glass carry cage approved by the IATA (International Air Transport Association).