ARTICLE 1: DEFINITIONS
Within these conditions and except as otherwise provided for herein, the following terms are used with the meaning given below:
Actual Carrier (or Operating Carrier)
means the carrier who actually operates the flight.
Administration Fees means fees charged, where applicable, to the Passenger by the Carrier and/or its Authorised Agent, such as but not limited to in consideration for the modification ("Modification Fees"), reissue ("Reissue Fees") or refund ("Refund Fees") of a Ticket. The Passenger shall be informed by the Carrier of the amount of applicable Administration Fees prior to finalisation of their Reservation.
Agreed Stopping Place means a scheduled stop by the Carrier which is located between the Place of Departure and the Place of Destination as shown in the Schedules.
Air Carriage (or Air Travel) means the carriage of a Passenger and their Baggage on an aircraft.
Article means an article of these General Conditions of Carriage.
Authorised Agent means an individual or legal entity that is authorised by the Carrier to represent the Carrier in the sale of Air Carriage tickets for its services or for the services of another Carrier if said agent is so authorised.
Baggage means both Checked Baggage and Unchecked Baggage, unless otherwise specified.
Baggage Allowance means the maximum quantity of Baggage (in terms of number and/or weight and/or dimensions), if any, determined by the Carrier and with which each Passenger may travel whether or not in return for a payment depending on the fare conditions.
Baggage Check means the portion of the Identification Form issued to the Passenger by the Carrier relating to the carriage of Checked Baggage.
Baggage Tag means the portion of Identification Form that is affixed to the Checked Baggage.
Beneficiary means the Passenger or any person who can claim compensation for or on behalf of said Passenger, in accordance with the applicable law.
Cabin Baggage (see Unchecked Baggage)
Carrier means KLM and/or any other carrier for which the Designator Code appears on the Ticket, or a Conjunction Ticket.
Chartering means the operation whereby the Carrier having concluded a Contract of Carriage with the Passenger (“Contractual Carrier”) subcontracted to another carrier (“Actual Carrier”) responsibility for performing all or part of the Air Carriage. This also means the operation whereby any other party that has contracted with the Passenger (for example a tour operator) entrusts the Carrier with performing all or part of the Air Carriage in connection with package travel, package holidays and package tours, including under EC directive 90/314. The “Contractual Carrier” in this respect is the charterer or touroperator who as a principal enters into an agreement for carriage with the Passenger or another person.
Charter Ticket means a ticket, in electronic form or otherwise, issued pursuant to a Charter Contract.
Checked Baggage means Baggage of which the Carrier has taken custody and for which an Identification Form has been issued.
Check-In Deadlines (CID) means the time limit before which Passengers must have carried out their check-in formalities and received their boarding card, and where applicable the Baggage must have been issued at the check in desk in accordance with Article 10.2.
Code Share (see Code Share Flight)
Code Share Flight means a flight operated by an Air Carrier that can be either the Carrier with which the Passenger concluded a Contract of Carriage (Contracting Carrier or Contractual Carrier) or another carrier operating the flight (the Actual Carrier) with which the Contracting Carrier has associated its Designator Code.
Conjunction Ticket means a Ticket the issue of which is rendered necessary because of the large number of Coupons for a primary Ticket.
Contingency Plan for lengthy tarmac delays
means the contingency plan adopted by the Carrier in the event of a significant delay of the aircraft on the tarmac at an airport located within the U.S. territory, as described by the U.S. Department of Transportation (DOT).
Contract of Carriage means the declarations and provisions appearing on the Ticket, identified as such and incorporating these General Conditions of Carriage as well as notices to Passengers.
Contracting Carrier or Contractual Carrier means the Carrier with which the Passenger has concluded a Contract of Carriage and for which the Designator Code appears on the Ticket.
Convention means, as applicable:
(a) the Convention for the Unification of Certain Rules
in Warsaw on 12 October 1929;
(b) the Hague Protocol of 28 September 1955, which amended the Warsaw Convention;
(c) the Guadalajara Supplementary Convention of 18 September 1961.
(d) Montreal Protocols 1, 2 and 4 (1975), which amended the Warsaw Convention;
(e) a combination of the aforementioned Conventions and Protocols;
(f) the Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999.
Coupon means a paper Flight Coupon or an Electronic Coupon, each of which bears the name of the Passenger who is to take the flight identified on the Coupon.
Damage includes death, injury to a Passenger, delay, loss, partial loss, or other of whatsoever nature arising out of or in connection with Air Carriage or other services performed by the Carrier incidental thereto.
Days mean the calendar days that include the seven days of the week, it being understood that in the event of notice being issued, the dispatch day is not included and that, in order to determine the validity of a Ticket, the date of Ticket issue or the flight departure date are not counted.
Denied Boarding the refusal of any Passenger to carry on a flight, although the Passenger reported himself prior to boarding according to article 3, paragraph 2 of the EU Regulation 261/2004, without the deny boarding is being based on reasonable grounds that have to do with reasons regarding health, safety or security or inadequate travel documentation.
Designator Code means the code issued by IATA, which identifies each carrier using two or more alphabetical, numerical or alphanumeric characters and that is shown amongst others on the Ticket.
Electronic Coupon means an electronic Flight Coupon or any other document that has the same value, which is stored in digital format in the Carrier’s computerised reservation system.
Electronic Ticket means the Ticket saved by the Carrier or at its request by a computerised Reservation system and that is evidenced by the Travel Memo (also called the Itinerary and Receipt), the electronic Flight Coupon or any other document that has the same value, issued by the Carrier on its name.
Fares means the fares, charges, levies, costs for a journey charged to the Passenger, for a specified reservation class, for given routes, and, where applicable, filghts and dates, and the corresponding fare conditions.
Fare Excluding Tax means the Fare charged to the Passenger, excluding Taxes and Issue Fees.
Fare Including Tax means the Net Fare plus Tax.
Flight Coupon means the portion of the Ticket identified as being “valid for carriage” or, for Electronic Tickets, the Electronic Coupon that shows the exact points between which the Passenger must be carried.
Force Majeure means extraordinary circumstances which could not have been avoided despite all reasonable due care and attention exercised.
General Conditions of Carriage mean these General Conditions of Carriage.
IATA (International Air Transport Association)
means the International Air Transport Association, created in April 1945 in Montreal, the purpose of which is to encourage the development of safe, regular and economical air carriage and to promote air services and study the problems related thereto.
Identification Form means a tag issued by the Carrier for the sole purpose of identifying Checked Baggage and that includes a portion that is affixed to the Baggage (“Baggage Tag”) and another portion that is issued to the Passenger for the identification of said Baggage (“Baggage Check”).
Interior Flight or Domestic Flight means any flight for which the Place of Departure and Place of Destination are within the same State, within territorial continuity.
International Agreements (IIA and MIA) of the International Air Transport Association (IATA)
mean the inter-carrier agreements on the liability of air carriers, signed on 31 October 1995 in Kuala Lumpur (IIA) and on 3 April 1996 in Montreal (MIA), which are applicable to carriers that have been members of the International Air Transport Association (see IATA) since 1 April 1997, and that are included in the legal scope of the international sources of law on carrier liability referred to under points (a) to (d) of the term “Convention” defined below.
International Flight means, as defined by the Convention, any flight for which the Place of Departure and Place of Destination and, possibly, the Stopover, are located on the territory of at least two States that are parties to the Convention, notwithstanding Agreed Stopping Places or aircraft changes, or within a single State if a Stopover is scheduled in another State regardless of whether said other State is or is not party to the Convention.
Issue Fees (or Ticketing Fees) means fees charged, where applicable, to the Passenger by the Carrier or its Authorised Agent, in consideration for issuing a Ticket. The amount of said fees is determined by the issues of the Ticket (the Carrier of the Authorised Agent), as appropriate). The Issue Fees charged by KLM, if any, are available from the Carrier and on the KLM Website.
Itinerary and Receipt (see Travel Memo)
KLM means the limited liability company Koninklijke Luchtvaart Maatschappij N.V., incorporated under the laws of the Netherlands, having its statutory seat and registered office in (1182 GP) Amstelveen, the Netherlands at the Amsterdamseweg 55, registered under number 33014286 in the trade register of the chamber of commerce and industry, Amsterdam, The Netherlands.
KLM Website means the website www.klm.com.
Package Travel has the same meaning as “Package” as given in Council Directive 90/134/EE of 13 June 1990 on package travel, package holidays and package tours.
Passenger means any person, except members of the crew, carried or to be carried and who is in possession of a Ticket.
Passenger Coupon means the portion of the Ticket, issued by the Carrier or in its name, which is identified as such and must be retained by the Passenger.
Passenger with Reduced Mobility means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all Passengers.
Pet means a pet, in the cabin or hold, travelling with a Passenger who is either the owner or an individual assuming responsibility on behalf of the owner during the journey.
Place of Departure means the place of departure as shown on the Ticket (for example airport, railway station or such other place of departure shown on the Ticket).
Place of Destination means the place of destination as shown on the Ticket (for example airport, railway station or such other place of destination shown on the Ticket).
Reservation means any request for carriage by a Passenger recorded by the Carrier or its Authorised Agent.
Schedules or Schedule Indicators means the list of departure and arrival times for the flights, as shown in the schedule guides published by the Carrier, or under its authority, and brought to the attention of the public by electronic means.
Schedule Indicators (see Schedules)
Special Declaration of Interest means the declaration made by the Passenger when handing over the Baggage to be checked, which specifies a value that is higher than that fixed as a liability limit by the Convention, against payment of a surcharge.
Special Drawing Right (SDR) means a unit of account of the International Monetary Fund (IMF) the value of which is periodically defined by the IMF on the basis of the listed prices of several reference currencies.
Stopovers mean the points, with the exception of the Place of Departure and Place of Destination, shown on the Ticket or mentioned in the Schedules as stopovers planned on the Passenger’s itinerary.
Taxes mean fees, taxes and charges imposed by governments, an airport operator or any other authority as defined in Article 4 below.
Ticket means a document which may be completed by a Baggage Check or an Identification Form for Checked Baggage, or by equivalent means in a dematerialised form, including electronic, that is issued or authorised by the Carrier or its Authorised Agent. The Ticket evidences the Contract of Carriage, includes the Flight Coupons, the Passenger Coupons, notices to passengers and incorporates these General Conditions of Carriage.
Travel Memo (or Itinerary and Receipt) means one or more documents that the Carrier issues to the Passenger, that confirm(s) the issue of an Electronic Ticket that bears his/her name, information on the flight and notices to Passengers.
Unchecked Baggage or “Cabin Baggage”
means all Baggage, other than Checked Baggage. This Unchecked Baggage remains in the custody of the Passenger.
ARTICLE 2: SCOPE OF APPLICATION
2.1 General Provisions
(a) Except as provided in Article 2.2 and Article 2.4 below, these General Conditions of Carriage apply to all flights, or portions of flights, for which the KLM Designator Code (“KL”) appears on the Ticket or on the corresponding Coupon.
(b) These General Conditions of Carriage also apply to free or reduced-fare carriage, except as otherwise provided for in the Contract of Carriage or in any other contractual document that links KLM to the Passenger.
(c) All Carriage is subject to the General Conditions of Carriage to the Carriers’ fare regulations in force at the time of the Passenger’s Reservation.
(d) These General Conditions of Carriage have been drawn up pursuant to the Montreal Convention of 28 May 1999 and the European law in force.
(e) These General Conditions of Carriage are available from KLM and its Authorized Agents and are accessible on the KLM Website.
2.2 Charters and Code Shares
(a) Certain flights provided by the Carrier are subject to a Charter or a Code Share Agreement.
(b) The Passenger is informed of the identity of the Actual Carrier(s), at the time when the Contract of Carriage is concluded. Following conclusion of the Contract of Carriage, a Carrier other than the one specified on the Ticket may operate the Air Carriage in question and the Passenger shall be informed of the identity of the Actual Carrier, once it is known. In all cases, the Passenger shall be informed, at the latest during check-in, or in case of a connection without prior check-in, prior to boarding, in accordance with the applicable regulations.
2.3 The Contingency Plan for lengthy tarmac delays
The Contingency Plan for lengthy tarmac delays applicable within the United States is that of the Carrier actually operating the flight (Actual Carrier).
2.4 Predominance of the Law
These General Conditions of Carriage are applicable to the extent that they are not contrary to mandatorily applicable Conventions, Regulation, laws and regulatory requirements or the rules governing public order, in which case, said laws or rules shall prevail. Any invalidation of one or more provisions of these General Conditions of Carriage shall not have any effect on the validity of other provisions, except where the Contract of Carriage could not continue to apply without the provision that has been declared invalid and ineffective.
ARTICLE 3: TICKETS
3.1 General Provisions
(a) Subject to proof of the contrary, the Ticket evidences the existence, the conclusion and the content of the Contract of Carriage between the Carrier and the Passenger whose name is shown on the Ticket.
(b) The Carriage service is only provided to the Passengers named on the Ticket. The Carrier reserves the right to check the identity documents of the Passengers. Passengers must therefore be able to provide the Carrier with proof of their identity, as well as the identity of those for whom they are responsible, at any time during their journey.
(c) A Ticket may not be transferred, subject to applicable law and regulations in force, in particular relating to Package Travels. If a person other than the Passenger named on the Ticket presents a Ticket for Carriage or refund purposes, and the Carrier, acting in good faith, carries or refunds the person who presents the Ticket and later on it is established that that person is not the Passenger named on the Ticket, the Carrier shall not be required to carry the Passenger or refund the Passenger and the Carrier shall have no obligation or liability whatsoever towards the Passenger.
(d) Certain Tickets, which are sold at specific Fares, are partially or totally non –changeable and/or refundable. It is the Passengers responsibility, when making their Reservation, to consult the conditions applicable to the use of the Fare and, where necessary, to take out appropriate insurance to cover the risks associated therewith.
(e) As the Ticket is subject to mandatory formal conditions the Ticket shall at all times remain the property of the issuing Carrier.
(f) With the exception of Electronic Tickets, Passengers shall only be carried if they are able to present a valid Ticket that contains the Coupon that corresponds to the flight concerned and all other unused Coupons, as well as the Passenger Coupon. Moreover, a Ticket that is damaged or has been modified by a person other than the Carrier or one of its Authorized Agents shall not be valid for Carriage. For Electronic Tickets, Passengers must provide proof of identity and shall only be carried on a flight if a valid Electronic Ticket has been issued in their name.
(g) In the event of loss of or damage to all or part of the Ticket or non-presentation of a Ticket containing the Passengers Coupon and all the unused Flight Coupons, the Carrier shall replace all or part of said Ticket on the request of the Passenger. This replacement will be in the form of a newly-issued Ticket, provided that when the request is made, the Carrier has evidence that a valid Ticket was issued for the flight(s) concerned. The Carrier that reissues the Ticket shall charge the Passenger Administration Fees for reissuing their Ticket, unless the loss or damage was due to the negligence of the Carrier, or its Authorised Agent. If no evidence is provided by the Passenger that a valid Ticket was issued for the flights concerned, the Carrier reissuing the Ticket may require the Passenger to pay the Fare Including Tax of the replacement Ticket. This payment will be refunded when the Carrier has proof that the lost or damaged Ticket was not used during its validity period or, if, during said same period, the Passenger finds the original Ticket and submits it to the Carrier, subject to the reasonable Administration Fees as referred to above.
(h) It is the Passenger’s responsibility to take all measures which are necessary to ensure that the Ticket is not lost or stolen.
(i) If a Passenger benefits from a fare reduction or a Fare that is subject to specific conditions, the Passenger must be able, at all times during their journey, to provide the Carrier’s officials or agents with appropriate supporting documents justifying the granting of this specific Fare, and to prove the validity thereof. Failing this, a fare readjustment, equating to the difference between the Fare including Tax initially paid and the Fare Including Tax that the Passenger should have paid, will be made or the Passenger will not be allowed to board the aircraft.
3.2 Validity Period
(a) Unless otherwise provided for on the Ticket or in these General Conditions of Carriage, and except for Fares that affect the validity period of a Ticket, as stated on the Ticket itself, a Ticket is valid for Carriage:
- for one year, as from the date of issue thereof, or,
- for one year, as from the date of use of the first Coupon, provided that such use occurs within one year of the date on which the Ticket is issued.
(b) If a Passenger in possession of a valid Ticket is unable to travel during the validity period of their Ticket solely on the ground that, when the Passenger requests a Reservation on a flight, the Carrier is not in a position to confirm the Reservation requested by the Passenger:
- either the validity of said Ticket shall be extended until the first available flight;
- Fare IncludingTax for the Ticket will be refunded, under the conditions provided for in Article 14 (Refunds) below;
- or the Passenger will accept a corresponding fare readjustment.
(c) If, after having started their journey, a Passenger is prevented, for health reasons, from continuing such journey during the validity period of the Ticket, the Carrier will extend the validity of the Ticket until the date on which the Passenger is once again in the position to travel or, if later, until the date of the first available flight, upon presentation of an appropriate medical certificate stating the health reasons that prevented the Passenger from continuing their journey and provided that these health reasons were not known when the Reservation was made. Said extension shall only start at the point at which the journey was interrupted and shall be valid for Carriage in the class of the Fare initially paid. The validity of the Ticket shall be extended for not more than three months from the date shown on the medical certificate submitted. In the same way and subject to compliance with the conditions of proof specified above, the Carrier may, on request, extend the validity of Tickets of immediate family members who were accompanying the Passenger at the time such health problems caused the Passenger to discontinue their journey.
(d) In the event of the death of a Passenger during a journey, the Tickets of the persons who are accompanying the deceased Passenger shall at written request be changed of such Passengers, either by waiving any minimum stay requirements or by extending the validity period of said Tickets. In the event of the death of an immediate family member of a Passenger whose journey has started, the validity of their Tickets and of those of the members of their immediate family travelling with them shall be changed in the same way. Any change mentioned above may only be made after receipt of a valid death certificate. The extension mentioned above shall only start at the point at which the journey was interrupted and shall be valid for carriage in the class for which the Fare Including Tax has been paid. Any extension may not exceed forty-five (45) days as from the date of death.
3.3 Force Majeure invoked by a Passenger
If a Passenger has a Ticket, as described in Article 3.1 (d) above, which they have not used in whole or in part for reasons of Force Majeure, the Carrier shall provide the Passenger with a credit voucher corresponding to the Fare Including Tax of their non-refundable and/or non- changeable Ticket which is valid for one year, to be used for a subsequent journey on the Carrier’s flights and subject to the applicable Administration Fees, provided that the Passenger informs the Carrier as soon as possible and in any event prior to the date of the flight of such reasons of Force Majeure and provides proof thereof.
3.4 Flight Coupon Order of Use
(a) The Fare Including Tax applied on the Ticket issue date is only valid for a Ticket used fully and in the sequential order of Flight Coupons, for the specified journey and on the specified dates. Any non- compliant use will result in a recalculation of the Fare under the conditions defined below.
(b) The Fare, established on the basis of the details, flight dates and routes mentioned on the Ticket, corresponds to a Place of Departure and a Place of Destination, via a Stopover scheduled when the Ticket was purchased and forms integral part of the Contract of Carriage. Any changes herein may lead to changes in the Fare Including Tax.
(c) A change of the Place of Departure or a Place of Arrival for the journey by the Passenger (for example, if the Passenger does not use the first Coupon or does not use all the Coupons or if the Coupons are not used in their issue order) will result in a change in the Fare Including Tax initially paid by the Passenger. Many Fares Including Tax are only valid on the date and for the flights specified on the Ticket. In the event of a change as outlined above, the Fare will be recalculated and the Passenger may, as a consequence of the recalculation, be required to pay an additional Fare [or to be entitled to a refund, as the case may be] equating to the difference between the Fare Including Tax initially paid and the Fare Including Tax that the Passenger should have paid when the Ticket was issued for the journey actually made by the Passenger. In addition, in the event of a change as outlined above, Administration Fees will be applied, where applicable. When that is the case, the Passenger will be informed thereof when such a change is requested.
(d) If the Passenger does not use all their Flight Coupons and prematurely interrupts their journey, the Passenger will be required to pay a fixed amount, in order to be able to retrieve their Checked Baggage.
3.5 Changes Requested by a Passenger
Changes that the Passenger wishes to make are subject to the fare conditions attached to their Fare and to payment of the applicable Administration Fees.
3.6 Identification of the Carrier
Carrier’s identification may be shown as an abbreviation on the Ticket using its Designator Code (as defined in Article 1). The Carrier’s address is deemed to be that of any one of its registered offices or principal place of business.
ARTICLE 4: FARES, FEES, TAXES AND CHARGES
Except as otherwise provided for, Fares for Tickets apply solely to Carriage from the airport at the Place of Departure to the airport at Place of Destination. Fares do not include ground carriage between airports or between airports and town terminals. The Fare shall be calculated in accordance with the Fares in force on the Ticket Reservation date, for a journey scheduled on the dates and for the itinerary shown on said Ticket. Any change in itinerary or journey date may have an impact on the applicable Fare.
The applicable Fares are those published by the Carrier or calculated thereby, in accordance with the fare conditions in force for the stated flight(s) from the Place of Departure to the Place of Destination, for the relevant class of carriage, on the Ticket Reservation date.
When making a Reservation the Passenger shall be informed of the Fare Including Tax for the Ticket and the Issue Fees as well as the overall Fare of the Ticket (comprising the Fare Including Tax and the Issue Fees).
4.2 Fees, Taxes and Charges
All fees, taxes, or charges imposed by governments, by any other authorities or by the airport operator shall be paid by the Passenger. To the extent possible when making a Reservation for their Ticket, Passengers will be informed of said fees, taxes, or charges, which will be charged in addition to the Fare Excluding Tax and which, in most cases, will be shown separately on the Ticket.
These fees, taxes, and charges may be created or increased by a government, another authority, or by an airport operator, after the Ticket Reservation date. In this case, the Passenger must pay the corresponding amount. Inversely, if the fees, taxes, and charges are reduced or abolished, the Passenger may be refunded for the reduced or abolished amounts.
4.3 Issue Fees charged by the Carrier
The Passenger may be charged Issue Fees in consideration for issuing a Ticket. Issue Fees differ depending on the type of journey, the Fare and the Ticket distribution channel. These Issue Fees are added to the Fare Including Tax. The Issue Fees charged by the Carrier, where applicable, are non-refundable, except where a Ticket is canceled due to an error on the part of the Carrier.
The Passenger shall be informed of the amount of Issue Fees that will be charged by the Carrier prior to finalization of their Reservation.
The Issue Fees charged by KLM, if any, is available from the Carrier and on the KLM Website.
4.4 Payment Currency
The Fares Excluding Tax, Taxes, Issue Fees and Administration Fees are payable in the currency of the country where the Ticket was purchased, unless another currency is specified by the Carrier or its Authorised Agent when the Ticket is purchased or beforehand (for example, due to local currency not being convertible).
Moreover, the Carrier may, at its discretion, accept payments in another currency.
ARTICLE 5: RESERVATIONS
5.1 General Provisions
Reservations will only be confirmed when they are recorded in the Carrier’s computerized reservation system. On the request of the Passenger, the Carrier shall provide a Reservation confirmation.
5.2 Reservation Requirements
Certain Fares are subject to conditions that limit or exclude the possibility of modifying or cancelling Reservations. If a Passenger has not paid all amounts due for the Ticket before the specified ticketing time limit indicated by the Carrier or its Authorised Agent, the Carrier shall be entitled to cancel the Reservation without notice and to allocate the seat to another Passenger, without having any further obligation towards the relevant Passenger who had not paid and with any liability on the part of the Carrier.
5.3 Seat Allocation
The Carrier shall make reasonable efforts to meet seat allocation requests but cannot guarantee the allocation of a given seat, even if the Reservation is confirmed for said seat. The Carrier reserves the right to change the seat allocation at any time, including after boarding, for operating, security or safety reasons, or for reasons of Force Majeure.
5.4 Service on board
The Carrier shall make reasonable efforts to meet Passengers’ requirements regarding the services provided on board the aircraft, in particular drinks, special meals, films, seats etc. However, the Carrier may not be held liable if imperatives relating to operating, safety and security or reasons beyond the control of the Carrier do not allow it to provide suitable services, even if such services are confirmed at the time of Reservation.
5.5 Aircraft type
The type of aircraft indicated to the Passenger at the time of Ticket Reservation or subsequently is given for their information purposes only. Imperatives related to safety and security, reasons beyond the control of the Carrier or operating constraints may lead the Carrier to modify the type of aircraft without any liability on its part.