Article 11 to 15
ARTICLE 11. CANCELLATION AND/OR DELAY OF FLIGHTS
1.
Carrier will take all necessary measures to avoid delay
in carrying the passenger and his baggage. In order to
prevent a flight cancellation or delay, Carrier may arrange for a flight to be operated on its behalf by an alternative carrier and/or aircraft and/or means of transport.
2 REMEDIES FOR CANCELLATION AND DELAY OF PASSENGERS DEPARTING FROM AN AIRPORT LOCATED OUTSIDE THE EUROPEAN COMMUNITY
If Carrier cancels or delays a flight, is unable to provide
previously confirmed space, fails to stop at a passenger’s stopover or destination place, or causes the passenger to miss a connecting flight on which the passenger holds a Confirmed Reservation, Carrier shall either:
(a) carry the passenger on another of its scheduled services on which space is available in the same class of travel;
(b) re-route the passenger to the destination indicated on the ticket or applicable portion thereof by its own
scheduled services; or
(c) at the passenger's option, make a refund in accordance with the provisions of article 12.
3. SPECIAL REMEDIES FOR CANCELLATION AND LONG DELAY FOR PASSENGERS DEPARTING FROM AN AIRPORT LOCATED IN THE EUROPEAN COMMUNITY
This paragraph 3 applies exclusively to passengers departing from an airport located in the territory of one of the countries in the European Community, who have a Confirmed Reservation on, and hold a valid ticket for a flight operated by KLM, and have checked in or have
presented themselves 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 them in advance by Carrier or by its agent, or if no time is indicated, not later than
45 minutes before the published departure time. Special remedies for cancellation and delay apply to such passengers, as follows:-
3.1 CANCELLATION
In case of cancellation of a flight operated by KLM, KLM shall offer a passenger:
(1) the choice between:
(a) reimbursement of the full cost of the unused
ticket, or the unused portion(s) of the ticket known to KLM, whichever is applicable, at the price at which it was bought, and for the portion(s) already used if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure of the ticket known to KLM, at the earliest opportunity;
(b) re-routing, under comparable transport conditions, to his/her final destination, as specified at the ticket known to KLM, either at the earliest opportunity or at a later date at the passenger’s convenience, subject to availability of seats;
and;
(2) meals, refreshments in a reasonable relation to the
waiting time, and two telephone calls, or telex or fax messages, or e-mails; and in the event of re-routing, when the reasonably expected time of departure is at least the day after the time of departure previously announced (hotel) accommodation and transport between the airport and the place of accommodation;
and;
(3) compensation in accordance with the schedule in article 20 paragraph 2.2 (b), unless the passenger is informed of the cancellation:
(i) at least two weeks before the scheduled time of departure, or
(ii) between two weeks and seven days before the scheduled time of departure and is offered re-routing, allowing him to depart no more than two hours
before the scheduled time of departure and to reach his final destination less than four hours after the scheduled time of arrival; or
(iii) less than seven days before the scheduled time of departure and is offered re-routing, allowing him to depart no more than one hour before the scheduled time of departure and to reach his final destination less than two hours after the scheduled time of
arrival; or
(iv) the cancellation is due to Force Majeure.
3.2 LONG DELAY
In case of delay of a flight operated by KLM beyond its
scheduled time of departure:
(a) for two hours or more in the case of flights of 1,500 kilometers or less; or
(b) for three hours or more in the case of all intra-Community flights of more than 1,500 kilometers and of all other flights between 1,500 and 3,500 kilometers; or
(c) for four hours or more in the case of all flights not
falling under paragraph 3.2 a. or b.;
KLM shall offer a passenger:
(1) the assistance specified in paragraph 3.1 (2); and,
(2) when the delay is at least five hours, the assistance specified in paragraph 3.1.(1) (a).
3.3
A written notice setting out the remedies for cancellation and delay shall be provided to the passengers concerned.
3.4
The compensation and/or reimbursement as specified in paragraph 3.1 (1) a, 3.1 (3), and 3.2.(2) shall be paid in cash, by electronic bank transfer, bank orders or bank cheques, at the discretion of KLM or, with the signed agreement of the passenger, in credit vouchers and/or other services. When the compensation and/or reimbursement is paid in the form of a credit voucher for a KLM flight, the amount will be higher than the cash amount.
4.
Carrier’s liability for damage as a result of delay and cancellation is in any event limited to the sums mentioned in article 17.
ARTICLE 12. REFUNDS
1. GENERAL
a. If, on the part of Carrier or at the request of the passenger, carriage in accordance with the contract of carriage is not provided, refund for an unused ticket or unused portion thereof shall be made by Carrier in accordance with the following paragraphs of this article and pursuant to the relevant tariff regulations.
b. (1) Except as hereinafter provided in this paragraph, Carrier shall be entitled to make refund, upon the presentation of satisfactory proof, either to the person named in the ticket or to the person who has paid for the ticket.
(2) If a ticket has been paid for by a person other than the passenger named in the ticket, and Carrier has indicated on the ticket that there is a restriction on refund, Carrier shall make a refund only to the person paying for the ticket or to that person's order.
(3) Except where a passenger is not entitled to a refund, refunds will only be made on surrender to Carrier of the passenger coupon or passenger receipt and
surrender of all unused flight coupons.
(4) A refund made to anyone presenting the passenger coupon or passenger receipt and an unused flight coupon and holding himself out as a person to whom refund may be made in terms of subparagraphs (a) or (b) of this paragraph, shall be deemed a proper refund. A refund made to a person in accordance with this paragraph shall discharge Carrier from liability to refund and no other person shall be entitled to claim any further refund in respect of the same ticket.
(5) If the passenger holds a ticket which has been issued at a special fare, and is subsequently completely unused because the passenger is prevented from travelling due to his own force majeure, Carrier shall provide the passenger with a credit voucher of the non-refundable amount of the fare, for future travel on Carrier’s flights, provided the passenger has promptly advised Carrier of such force majeure, and has furnished evidence of such force majeure to Carrier’s satisfaction. The credit may be subject to deduction of a reasonable administration fee.
2. INVOLUNTARY REFUNDS
If, pursuant to article 11 paragraph 2, Carrier cancels a flight, fails to operate a flight reasonably to schedule, fails to stop
at a place to which the passenger is destined or ticketed
to stop over, is unable to provide previously confirmed
space, causes the passenger to miss a connecting flight on which the passenger holds a reservation; or Carrier refuses
carriage under conditions as mentioned in article 8,
paragraph 1 (except sub ) i, j and n), the amount of the refund shall be:
(1) if no portion of the ticket has been used, an amount equal to the fare paid;
(2) if a portion of the ticket has been used, the refund will not be less than the difference between the fare paid and the applicable fare for travel between the places for which the ticket has been used.
3. VOLUNTARY REFUNDS
If the passenger wishes a refund of his or her ticket for
reasons other than those set out in paragraph 2 of this
article, the amount of the refund shall be:
(1) if no portion of the ticket has been used, an amount equal to the fare paid, less any applicable service charges or cancellation fees;
(2) if a portion of the ticket has been used, an amount equal to the difference between the fare paid and the applicable fare for travel between the places for which the ticket has been used, less any applicable reasonable service charges and/or cancellation fees.
4. REFUND OF LOST OR STOLEN TICKETS
(a) If a ticket or portion thereof is lost or stolen upon
furnishing Carrier with satisfactory proof of the loss or theft and upon payment of a reasonable administration charge, refund will be made as soon as practicable
after the expiry of the validity period of the ticket, on condition that:
(1) the lost or stolen ticket, or portion thereof, has not been used, previously refunded or replaced, and
(2) the person to whom the refund is made undertakes, in such form as may be prescribed by Carrier, to repay Carrier the amount refunded in the event and to the extent that the lost or stolen ticket or portion thereof is used by any person or that refund thereof is made to any person in possession of the ticket.
(b) The amount of the refund for lost or stolen
tickets shall be the difference between the total amount paid for the carriage, including any replacement ticket, and the fare for the carriage actually used.
(c) No refund for a lost or stolen ticket will be made within a two-month period after issuance of the original ticket.
5. INVOLUNTARY DOWNGRADING
In the event a passenger has involuntarily been down-
graded, the refunded amount will be established as follows:
(a) FOR PASSENGERS DEPARTING FROM AN AIRPORT LOCATED IN THE EUROPEAN COMMUNITY:
(i) 30% of the price of the ticket for all flights of 1,500 kilometers or less; or
(ii) 50% of the price of the ticket for all intra-Community flights of more than 1,500 kilometers, except flights between the European territory of
the Member States and the French overseas departments, and for all flights between 1,500 kilometers and 3,500 kilometers, or;
(iii) 75% of the price of the ticket for all flights not falling under article 12 paragraph 5.a. (i) and (ii), including flights between the European territory of the Member States and the French overseas department.
The refunds paid in accordance with this paragraph 5 (a) are based on the price of the ticket known to KLM and shall be paid in cash, by electronic bank transfer, bank orders or bank cheques, at the discretion of KLM or, with the signed agreement of the passenger, in credit vouchers and/or other services. When the refund is paid in the form of a credit voucher for a KLM flight, the amount will be higher than the cash amount.
(b) FOR ALL OTHER PASSENGERS:
(i) In case on the stretch where downgrading occurs, a normal one way and return adult fare for Economy-class exists, the refund shall be the difference between the Business-class fare and the Economy-class fare for the stretch and the type of flight
concerned;
(ii) In case on the stretch where the downgrading occurs, no normal one way adult fare for Economy-class exists, the refund shall be:
- for European stretches 15% of the local Europe Select Class fare for the stretch and the type of flight concerned;
- for stretches in other parts of the world 15% of the local Business class fare for the stretch and the type of flight concerned.
The refund in this paragraph 5 (b) shall be paid by the means provided for in paragraph 5 (a) under (iii). When the refund is paid in the form of a credit voucher for a KLM flight, the amount will be higher than the cash amount.
6. RIGHT TO REFUSE REFUND
(a) Carrier is entitled to refuse a refund when application therefore is made later than the thirty (30) days after the expiry date of the ticket or the credit voucher was issued and a portion of the ticket or the credit voucher has been used.
(b) Carrier may refuse refund on a ticket which has been presented to Carrier or to Government officials of a country as evidence of intention to depart there from, unless it is established that the passenger has permission to remain in the country or that he will depart there from by another carrier or another means of transport.
7. CURRENCY
All refunds will be subject to Government laws, rules and regulations or orders of the country in which the
ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provisions, refunds will normally be made in the currency in which the ticket was paid for, but may be made in another currency.
8. BY WHOM TICKET REFUNDABLE
Refunds will be made only by the Carrier which originally issued the ticket or by its agent if so authorized.
ARTICLE 13. CONDUCT ABOARD AIRCRAFT
1. The conduct of a passenger on board of the aircraft must be such that, in Carrier’s reasonable opinion, he does not endanger or threaten to endanger one or more persons or goods or the aircraft. The passenger must, in Carrier’s reasonable opinion, not obstruct the crew in the performance of its duties and must comply with any instruction of the crew given in order to ensure the safety of the aircraft or the safe, efficient and comfortable transportation of the passengers. The passenger must, in Carrier’s reasonable opinion, refrain from behaving in such a manner to which other passengers may
reasonably object.
2. For safety reasons, Carrier may forbid or limit operation aboard the aircraft of electronic equipment, including cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and
walkie-talkies, except that hearing aids and heart pacemakers may be used.
3. On board the aircraft the passenger shall not be under such influence of alcoholic beverages or drugs or such other substances that he could possibly endanger or threaten to endanger one or more persons or goods or the aircraft itself or conducts himself in such way that the other passengers could reasonably object thereto. Consumption of any alcoholic beverages carried into the aircraft by the passenger is prohibited.
4. Carrier may prohibit all smoking on board.
5. If the passenger fails to comply with the provisions
of the previous paragraphs, Carrier may take such
measures as the situation requires and as Carrier deems reasonably necessary, to prevent continuation of such conduct. Such measures may include restraint and/or disembarkation of the passenger, refusal of onward
carriage of the passenger at any point and reporting the passenger to the local authorities.
6. If the passenger does not comply with the provisions of this Article and Article 8 paragraph (1) or acts otherwise in conflict with his obligations, Carrier reserves the right to institute legal proceedings and to claim damages.
7. If as a result of passenger’s behaviour, Carrier diverts the aircraft to an unscheduled place of destination,
passenger must pay to carrier the reasonable and proper costs of such diversion.
ARTICLE 14. ARRANGEMENTS BY CARRIER
1. LIABILITY
(a) If in the course of concluding the contract of carriage by air, KLM also agrees to make arrangements as agent for the provision of additional services KLM shall have no liability to the passenger except for negligence on its part in making such arrangements.
(b) If KLM provides additional services as a tour operator, KLM’s liability is subject to the rules and conditions applicable to package tour agreements, such as EC Directive 90/314.
2. TRANSFER SERVICES
Carrier does not as a general rule maintain, operate or
provide transfer services between airports or between airports and town centers. Carrier is not liable for transfer
services provided by third parties not designated by Carrier. In cases where Carrier itself maintains and operates for its passengers transfer services, these General Conditions of Carriage shall apply to such services. Applicable charges for the use of transfer services maintained and operated by Carrier itself shall be payable by the passenger.
3. RAIL CARRIAGE
Rail carriage from or to Amsterdam Airport Schiphol (The Netherlands) shall only be offered by KLM as agent, even if such carriage is named on the ticket under KL-designator code. KLM shall not be liable for any damage, also including but not limited to loss, delay and non-performance, occurred during the period of carriage by rail. KLM may only be held liable as agent. The liability of KLM as agent is in any event limited to the price of the ticket with regard to the relevant flight.
4 ADDITIONAL SERVICES
A separate charge may be payable for liquor, snacks, meals, the provision of in-flight services and any other additional services provided on board the aircraft or in the course of any of the operations of embarking and disembarking. Carrier will use its best endeavours to comply as far as
possible with special requirements, such as cradles, special meals, beverages, but is not answerable for any failure to
do so.
ARTICLE 15. ADMINISTRATIVE FORMALITIES
1. GENERAL
The passenger is responsible for obtaining all required travel documents and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which he transits. Carrier shall not be liable for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, and travel requirements, rules or instructions.
2. TRAVEL DOCUMENTS
On request the passenger shall present to Carrier or its employees, agents or representatives all exit, entry, health and other documents required by laws, regulations, orders, demands or travel requirements of the countries concerned and permit Carrier to take and retain copies thereof or otherwise to retain the data contained in the relevant
documents. Carrier reserves the right to refuse carriage of any passenger who has not complied with applicable laws, regulations, orders, demands or travel requirements or whose documents do not appear to be in order or who
does not permit Carrier to take and retain copies thereof
or otherwise retain the data contained in the relevant
documents.
3. REFUSAL OF ENTRY
The passenger agrees to pay the applicable fare whenever Carrier, on Government order, is required to return a passenger to his place of departure or elsewhere, owing to
the passenger's inadmissibility into a country, whether of transit or of destination. Carrier may apply to the payment of such fare any funds paid to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the place of refusal of entry or deportation will not be refunded by Carrier. For reasons of safety and good order the captain and/or the escorting police may hold the relevant travel documents of the passenger under its custody during the flight to his place of departure or elsewhere.
4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS ETC.
If Carrier is required to pay or deposit any fine, penalty or security or incurs any expenditure by reason of the passenger's failure to comply with laws, regulations, orders, demands and travel requirements of the countries concerned or to produce the required documents, the passenger shall on demand reimburse to Carrier any amount so paid or deposited and any expenditure so incurred. Carrier may use towards such expenditure any funds paid to Carrier for unused carriage or any funds of the passenger in the possession of Carrier or may refuse carriage if the passenger does not reimburse Carrier for payments so made or expenditure so incurred. Information in respect of government laws, regulations, orders or requirements (which may result in Carrier making such payments or incurring such expen-diture) shall be supplied on request to the best of Carrier's knowledge but, except in case of its wilful misconduct or gross negligence, Carrier does not accept any liability in respect of information so supplied.
5. CUSTOMS INSPECTION
If required, the passenger shall attend inspection of his
baggage, delayed and/or undelayed and checked and/or unchecked, by Customs and/or other Government officials and shall give all requested assistance. Carrier is not liable to the passenger for any loss or damage suffered by the
passenger through failure to comply with this requirement. If damage is caused to Carrier as a result of the passenger's failure to comply with this requirement, or as a result of the passenger permitting Carrier to have the customs inspection performed on passenger’s behalf, the passenger shall indemnify Carrier for such damage.
6. GOVERNMENT REGULATIONS
Carrier shall not be liable for any loss or damage on the part of the passenger, if such loss or damage results from Carrier’s refusal to carry the passenger, and Carrier believes or may reasonably believe that carriage of the passenger would be in contravention of government regulations, demands, order, requirements, or any other applicable law. This paragraph does not apply in the event of wilful misconduct or gross negligence on the part of Carrier.