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ARTICLE I: DEFINITIONS
Within these conditions and except as otherwise provided for herein, the following terms are
used with the meaning given below:
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.
Airline Designator Code
means the code issued by IATA, which identifies each carrier that is a member of this association using two or more alphabetical, numerical or alphanumeric characters and that is shown amongst others on the Ticket.
Authorised Agent
means an individual or legal entity that is authorised by the Carrier to represent the Carrier in the sale of passenger transportation over the service of the Carrier or over the service of another Carrier if said agent is so authorised.
Baggage
means both Checked Baggage and Unchecked Baggage, unless otherwise specified.
Baggage Check
means the identification stub issued by the Carrier which pertains to the Carriage of Checked Baggage.
Baggage Identification Form or Baggage Tag
means a tag issued by the Carrier for the 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”).
Beneficiary (see Person Entitled to Compensation)
Carriage
means carriage of passenger and/ or baggage, gratuitously or for reward.
Carrier
means KLM and/or any other carrier, for which the Airline Designator Code appears on the Ticket or on a Conjunction Ticket.
Charter Contract
means the operation whereby the contracting carrier (contractual carrier) instructs another carrier (operating carrier) to perform all or part of the carriage pursuant to a charter agreement and also means the commercial agreement whereby any third party (for example a tour operator) or KLM acting as a touroperator has concluded an agreement with the Passenger or another person and entrusts the Carrier with performing all or part of the 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 agreed to take custody and for which a Baggage Identification Form has been issued.
Check-In Deadlines (CID)
means the time limit, as specified for each flight and before which Passengers must have carried out their check-in formalities and received their boarding card or pass.
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.
Contract of Carriage
means the declarations and provisions attached to the Ticket and to the Travel Memo (Itinerary and Receipt) and these General Conditions of Carriage as well as notices to Passengers.
Convention
means, as applicable:
(a) The Convention for the Unification of Certain Rules Relating to International Carriage
by Air, signed at Warsaw, 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.
Damage
includes death, bodily injury to a Passenger, damage 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 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.
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), issued by the Carrier or in its name, the electronic Flight Coupon or any other document that has the same value.
Fares
mean the fares, charges, levies, costs, taxes (whether or not imposed by governments), fare conditions and/or the conditions of carriage of the Carrier whether or not filed by the Carrier with the governments that require this (including but not limited to the tariff regulations as applicable in the United States of America and Canada).
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.
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.
Interior Flight or Domestic Flight
means any flight for which the departure and arrival town 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.
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.
Overbooking
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.
Passenger(s)
mean(s) any persons, except members of the crew, carried or to be carried and who is/are in possession of a Ticket.
Passenger Coupon or Passenger Receipt
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 is reduced when using transport because of any physical disability (sensory or locomotory, permanent or temporary), intellectual impairment, age or any other cause of disability, and whose situation needs special attention and adaptation to the person’s needs of the services made available to all Passengers.
Person Entitled to Compensation
means the Passenger or any person who can claim compensation on behalf of said Passenger, in accordance with the applicable law.
Place of Departure
means the departure point from which travel initially commences as shown on the Ticket (for example airport, railway station or such other departure point shown on the Ticket).
Place of Destination
means the arrival point where the passenger reaches his ultimate stopping place as shown on the Ticket (for example airport, railway station or such other arrival point shown on the Ticket).
Reservation
means that a Passenger holds a Ticket, or other proof, which states that the Reservation has been accepted and recorded by the Carrier.
Schedules or Schedule Indicators
mean the list of departure and arrival times for the flight, as shown in the schedule guides published by the Carrier, or under its authority, or as brought to the attention of the public by electronic means.
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.
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 also Itinerary and Receipt)
means one or more documents that the Carrier issues to the Passenger, where the Passenger uses an Electronic Ticket that bears his/her name, information on the flight and notices to Passengers. The Travel Memo may also be termed “Itinerary and Receipt”.
Unchecked Baggage or “Cabin Baggage”
means all Baggage, including personal items, other than Checked Baggage. This Unchecked Baggage remains in the custody of the Passenger.
ARTICLE II: SCOPE OF APPLICATION
1. General Provisions
(a) Except as provided in Paragraphs 2 and 4 below, the General Conditions of Carriage apply to all flights, or portions of flights, for which the KLM Airline Designator Code appears in the “Carrier” box of the Ticket or of 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 and to the Carrier’s Fares in force when the Ticket is issued or, if said date cannot be determined, on the date of commencement of Carriage covered by the first Flight Coupon of the Ticket.
(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.
2. Charters
(a) If the Carriage is performed pursuant to a Charter Contract, these General Conditions of Carriage shall only apply to the extent that they are attached to, incorporated in or mentioned by reference or otherwise, in the Charter Contract or in the Ticket.
(b) If the Carriage is performed pursuant to a Charter Contract with KLM, such Charter Contract shall be subject to the most recent version of the ANVR conditions at the time the contract is concluded and in addition thereto, the carriage by air under said Charter Contract shall be subject to these General Conditions of Carriage. In such cases KLM’s liability as a touroperator will be determined in accordance with said ANVR conditions and KLM’s liability as an air carrier shall be determined in accordance with these General Conditions of Carriage.
(c) Charter Tickets are only valid for Carriage on the dates indicated on the Coupon and shall not be valid unless the charter price, including, if applicable, taxes, levies, charges, increases and the like have been paid for by the contractual carrier or until credit arrangements established by the operating carrier have been complied with. These tickets are non-refundable and non-endorsable and if refunds are made by the Carrier, they shall only be made pursuant to the terms of the applicable Charter Contract.
(d) Charter Tickets have conditions which limit and/or exclude the Passenger’s right to make, change or cancel reservations. Tickets issued in respect of a package tour pursuant to EC directive 90/314 can only be used for arrangements subject to the rules concerning “all inclusive flights”.
(e) The following articles of these General Conditions of Carriage do not apply to Carriage pursuant to Charter Contracts:
Article III(1)(a), (h) and (i), Article III(2);
Article IV(1)
Article V(1), (2) and (6)
Article X
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 the KLM Airline Designator Code is mentioned in the Ticket. These General Conditions of Carriage also apply to such transportation. If such arrangement applies, the passenger will be advised of the carrier operating the aircraft at the time he makes a reservation or at the latest during check-in.
4. Predominance of the Law
These General Conditions of Carriage are applicable to the extent that they are not contrary to mandatorily applicable laws or to the Fares, in which case, said laws or said Fares shall prevail. Any invalidation of one or more provisions of these General Conditions of Carriage shall not have any effect on the validity of the other provisions.
ARTICLE III: TICKETS
1. General Provisions
(a) The Ticket evidences, until proof of the contrary, the existence, the conclusion and content of the Contract of Carriage between the Carrier and the Passenger whose name is shown on the Ticket.
(b) Carriage will only be provided to the Passenger named on the Ticket. The Carrier reserves the right to check the identity documents of the Passenger.
(c) A Ticket may not be transferred, subject to applicable law, in particular rules and regulations concerning package holidays. If a person other than the Passenger named on the Ticket presents a Ticket for Carriage or refund purposes, the Carrier shall not assume any liability if, while acting in good faith, it 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.
(d) Certain Tickets, which are sold at reduced rates are partially or totally non-refundable. It is up to the Passenger to ascertain whether his/her Ticket is in whole or in part refundable and, where applicable, to take out appropriate insurance to cover the risks associated therewith.
(e) If a Passenger has a Ticket, as described in paragraph (d) above, which he/she has not used for reasons of Force Majeure, the Carrier shall provide the Passenger with a credit voucher for the amount of his/her non-refundable Ticket to be used for a subsequent journey and subject to reasonable administrative 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.
(f) As the Ticket is subject to mandatory formal conditions the Ticket shall at all times remain the property of the issuing Carrier.
(g) A Ticket will not be issued until the applicable fare has been paid or until credit arrangements established by Carrier have been complied with. 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 Authorised 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 was issued in their name.
(h) In case of loss, theft or mutilation of a Ticket (or part thereof) 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 and to indemnify and hold harmless Carrier against any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by Carrier. 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.
(i) If the evidence mentioned in paragraph (h) above is not provided or if the Passenger refuses to undertake to reimburse and indemnify and hold harmless the Carrier, the Carrier that issues the Ticket may require the Passenger to pay the total price 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 remits it to the Carrier, subject to the reasonable administration fees as referred to in paragraph (h) above.
(j) It is the Passenger’s responsibility to take all measures which are necessary to ensure that the Ticket is not lost or stolen.
(k) If a Passenger benefits from a fare reduction or a fare that is subject to specific conditions, the Passenger must be in a position, at all times during their journey, to provide appropriate supporting documents and to prove the validity thereof.
2. Validity Period
(a) Except as otherwise provided for in the Ticket or in these General Conditions of Carriage, 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 issue thereof.
(b) If a Passenger is unable to travel during the validity period of his/her 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, the validity of said Ticket shall be extended or the Ticket shall give rise to a refund in accordance with and subject to the conditions provided for in Article X below.
(c) If, after having started the journey, a Passenger is prevented, for health reasons, from continuing such journey during the validity period of the Ticket, the Carrier shall extend the validity of the Ticket upon presentation of an appropriate medical certificate, until the date on which the Passenger is once again in a position to travel. 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 paid. If the unused Flight Coupons contain one or more Stopovers, 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, the Carrier shall extend the validity of the Tickets of the immediate family members who were accompanying the Passenger at the time such health problems caused the Passenger to discontinue his/her 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, either by waiving any minimum stay requirements or by extending the validity of said Tickets.
(e) In the event of the death of an immediate family member of a Passenger whose journey has started, the validity of his/her Tickets and of those of the members of their immediate family travelling with him/her shall be changed, either by waiving any minimum stay requirement or by extending the validity of said Tickets.
(f) Any change mentioned in paragraph (d) and (e) above may only be made after receipt of a valid death certificate. Any extension cannot exceed forty-five (45) days as from the date of death.
3. Coupon Order of Use
(a) Carrier will honour Coupons only in sequence from the Place of Departure as shown on the Ticket. The fare that the Passenger paid corresponds to the route stated on the Ticket and the usage of the complete routing shown on the Ticket forms an essential part of the Contract of Carriage. The Contract of Carriage excludes the cancellation of individual parts (Coupons) of the journey. Except as otherwise provided for in the Fare conditions, the Ticket will not be accepted and shall lose all value and validity if the Coupons are not used in the order in which they are issued (for example if the Passenger does not use the first Coupon and embarks at a point which is not the Place of Departure, or embarks at an airport mentioned in the Ticket without having used any of the previous Coupon(s)).
(b) In the event that the applicable Fare conditions allow a change in the departure or arrival point for the journey by the Passenger (for example, if the Passenger does not use the first Coupon), this may result in a change in fare. Numerous Fares are only valid on the dates and for the flights specified on the Ticket.
4. Changes Requested by a Passenger
(a) Except as otherwise provided for in the Fare conditions, the Passenger cannot change any aspect of his itinerary (for example the Place of Departure, a Stopover or the Place of Destination as mentioned in the Ticket). In the event that the applicable Fare conditions allow a change of the itinerary the fare will be recalculated and the Passenger will then have the possibility of accepting the new fare or keeping the original Carriage as shown on the Ticket.
If a Passenger has to change his/her Ticket due to a reason that constitutes Force Majeure, the Passenger must, as soon as possible, inform the Carrier thereof who shall then use reasonable efforts to ensure Carriage to the next Stopover or to the Passenger’s destination, without any change in fare.
(b) In the event that the applicable Fare conditions allow a change in the itinerary the Carrier shall, subject to the applicable Fare conditions, adjust the fare in light of this change and the Passenger must then pay the difference between the fare that corresponds to the itinerary purchased and the price of the new itinerary. If the new fare is less than the previous fare, the Carrier shall refund the difference. In any event, the old Coupons shall no longer have any value.
(c) Each Coupon shall be valid for Carriage in the class specified on the Ticket,
on the date and for the flight that corresponds to the Reservation made. If a Coupon is originally issued without reference to a Reservation, a Reservation may be made subsequently in accordance with the Fares in force and within the limit of the seats available on the flight requested.
5. Identification of the Carrier
The Carrier identification may be shown as an abbreviation on the Ticket using its Airline Designator Code or in any other form. The Carrier’s address is deemed to be that of any one of its registered offices or principal place of business
ARTICLE IV: FARES, FEES, TAXES AND CHARGES
1. Fares
Except as otherwise provided for, Fares apply solely to the Carriage from the airport at the Place of Departure to the airport at Place of Destination. Fares do not include ground carriage between airports and between airports and town terminals. The fare shall be calculated in accordance with the Fares in force on the Ticket purchase 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 flight(s) shown on the Ticket from the Place of Departure to the Place of Destination, for the relevant class of carriage, on the Ticket purchase date.
Except as otherwise provided for in the Contract of Carriage or in any other contractual document, the Fares shall apply exclusively to the journey provided for in said Contract of Carriage or in said document.
2. Fees, levies, taxes and charges
All fees, taxes, levies or charges imposed by governments, by any other authorities or by the airport operator or by the Carrier shall be paid by the Passenger. When purchasing their Ticket, Passengers will be informed of said fees, taxes, levies or charges, which, in most cases, will be shown separately on the Ticket. Said fees, taxes, levies or charges may be created or increased after the Ticket purchase date. In this case, the Passenger must pay the corresponding amount. Inversely, if the fees, taxes, levies or charges are reduced or abolished, the Passenger may be refunded for the reduced or abolished amounts.
3. Payment Currency
The fares, taxes, fees and charges are payable in the currency of the country where the Ticket was purchased, unless another currency is specified by the Carrier or its 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 V: RESERVATIONS
1. Reservation Requirements
(a) The Passenger has a Confirmed Reservation if the Reservation is accepted and recorded by the Carrier or its Authorised Agent in the relevant computerised reservation system. If requested, the Carrier shall provide a Reservation confirmation.
(b) Certain Fares may be subject to conditions that limit or exclude the possibility of changing or cancelling Reservations.
2. Ticketing Time Limit
If a Passenger has not paid 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.
3. Personal Data
To the extent the applicable law permits, the passenger authorizes the Carrier to retain any personal data which have been given to the Carrier or its authorized agents for the purposes of making a reservation for Carriage, for obtaining ancillary services, for operating baggage fraud detection systems and ticket fraud prevention / detection systems, for facilitating immigration and entry requirements, and to make such data available to Government Authorities such as Customs and Immigration Authorities and Federal and State Authorities, if they so require. Carrier is further authorized to transmit such data world wide for said purposes to its own offices, its authorized agents, other Carriers, the providers of ancillary services or Government Authorities, in whatever country they may be located. Carrier has implemented a Privacy Policy, details of which are available on Carrier’s website (www.klm.com), or alternatively, will be sent to passenger upon written request.
4. 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.
5. Reconfirmation of Reservations
(a) Reservations for onward or return flights may be subject to reconfirmation. The Carrier shall state when reconfirmation is required and how to reconfirm. If Passengers do not reconfirm, the Carrier may cancel their Reservations for the onward and/or return flights. However, if Passengers inform the Carrier that they still wish to travel and if there are available seats on the flight concerned, the Carrier shall reinstate the Passenger’s Reservation. If there are no available seats on said flight, the Carrier shall endeavour to transport the Passenger to the Stopover or to their Place of Destination at a later time or date.
(b) If, during their journey, a Passenger uses the services of several Carriers, it is his/her responsibility to check with each Carrier if reconfirmations are required. If so, then reconfirmation must be provided by the Passenger to the Carrier whose Airline Designator Code appears on the relevant Flight Coupon.
6. Cancellation of Reservations on an Onward or Return Flight
If Passengers do not check in for a flight, the Carrier shall be entitled to cancel their Reservations for the onward or return legs, unless the Passenger has informed the Carrier in advance and in compliance with the Fare conditions (see, in particular, Article III.3 “Coupon Order of Use”).
