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ARTICLE XI: BEHAVIOUR ON BOARD AIRCRAFT
1. The Carrier reserves the right to assess, in a reasonable manner, the behaviour of Passengers on board the aircraft, and to estimate according to the circumstances whether said behaviour is likely to obstruct, threaten, or endanger one or more persons, items of property or the aircraft. Passengers must not obstruct the crew from performing their duties and must comply with the crew’s instructions and recommendations in order to ensure the security and safety of the aircraft, the smooth running of the flight and the comfort of the Passengers. The Passengers must, in Carrier’s reasonably opinion, refrain from behaving in such a manner to which other Passengers may reasonably object.
2. For safety and security reasons, the Carrier may prohibit or limit the use on board the aircraft of electronic devices, such as cellular telephones, laptop computers, portable recorders, portable radios, electronic games or transmitting devices, as well as all radio-controlled game and walkie-talkies, except for hearing aids and pacemakers.
3. On board the aircraft, Passengers shall not be under such influence of alcohol, drugs or any other substance and, or behave in a way that is likely to cause discomfort, inconvenience, endanger or threaten to endanger one or more persons, items, property or the aircraft, or behave in such a way that the other Passengers could reasonably object thereto.
4. Smoking (including conventional cigarettes, electronic- or other artificial forms of smoking) is strictly prohibited on board the aircraft.
5. The Carrier may limit or prohibit the consumption of alcohol on board the aircraft. Consumption of any alcoholic beverages carried into the aircraft by Passengers is prohibited.
6. If a Passenger does not comply with the provisions of this Article, the Carrier may take measures it considers to be suitable and reasonably necessary in this situation in order to prevent such behaviour from continuing. To this end, the Carrier may use restraining measures, disembark the Passenger at any stage of the flight, refuse onward carriage of the Passenger at any point and, or report the Passenger to the local authorities.
7. If a Passenger does not comply with the provisions of this article (and with those of Article VII on carriage refusal and limitation) or commits a criminal or reprehensible act on board the aircraft, the Carrier reserves the right to take legal action against said Passenger and claim damages.
8. If as a result of Passenger’s behaviour, Carrier diverts the aircraft to an unscheduled place of destination, Passenger must pay the carrier the reasonable costs of such diversion.
ARTICLE XII: PROVISIONS FOR ANCILLARY SERVICES
1. If the Carrier, within the scope of the Contract of Carriage and subject to the applicable law, agrees to provide for ancillary services other than carriage by air, or if the Carrier issues a ticket or voucher for carriage or other services, such as, for example, hotel reservations or car hire, the Carrier will only do so as an agent for a third party (unless explicitly agreed otherwise) and will not be the Passenger’s counterparty for these services. The carriage or sale conditions that govern the activities of said third parties will be applicable.
2. If a party provides ground carriage services (bus, train, etc.), different liability systems may apply to said ground carriage. The conditions of carriage and the liability systems are available, upon request, from the party that provides the ground carriage.
3. If the Carrier offers a Passenger rail carriage services, the Carrier is only acting as an agent, even if such carriage is identified under the Airline Designator Code. The Carrier is not liable for Damage to Passengers and their Baggage during carriage by rail.
4. The Carrier shall make reasonable efforts to meet Passengers’ requirements concerning the services provided on board the aircraft, in particular drinks, special meals, films, etc. However, the Carrier may not be held liable if imperatives linked to operating, security and safety do not allow it to provide suitable services, even if such services have been confirmed at the time of Reservation.
ARTICLE XIII: ADMINISTRATIVE FORMALITIES
1. General Provisions
(a) Passengers are responsible and liable for procuring all the specific documents, visas and permits required for their journey, and to comply with all provisions of law (laws, regulations, decisions, requirements and provisions) of the departure, arrival and transit States, as well as with the Carrier’s regulations and the instructions relating thereto.
(b) The Carrier shall not be liable for the consequences suffered by Passengers in the event of failure to comply with the obligations referred to in paragraph (a).
2. Travel Documents
(a) Passengers are required to present entry, exit and transit documents, as well as health and other documents required by the applicable regulations (laws, regulations, decisions, requirements and provisions) in the departure, arrival and transit States. Passengers are moreover required to allow the Carrier to make a copy of said documents, if required, or to record information contained therein.
(b) The Carrier reserves the right, in accordance with Article VII Paragraph 1, to refuse carriage if a Passenger does not comply with the laws and regulations in force, if the Carrier has doubts as to the validity of the documents presented, or Passenger does not permit Carrier to take and retain copies of any documents or otherwise retain data contained in the relevant documents.
(c) The Carrier shall not be liable for losses or expenses suffered by Passengers who do not comply with the provisions of this Paragraph.
3. Refusal of Entry
If a Passenger is refused entry into a territory, the Passenger must pay all the charges or fines imposed on the Carrier by the local authorities, as well as the price of the carriage if the Carrier, due to a government order, is required to return the Passenger to his/her departure location or elsewhere. The price paid for the carriage to the destination for which entry to the territory was refused shall not be refunded by the 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 Liability for Fines, Detention Costs, etc.
If the Carrier has to pay or deposit a fine or penalty or incurs expenses of any kind due to the noncompliance, whether voluntary or involuntary, by a Passenger with the law in force in the countries concerned, or due to his/her failure to present any required document, or the presentation of invalid documents, the Passenger must, at the Carrier’s first request, reimburse the amounts thus paid or consigned and the disbursements incurred. For this purpose, the Carrier may use any amount paid to it for non-performed carriage or any amount belonging to the Passenger that is held by the Carrier.
5. Customs Inspections
5.1 Passengers may be called on to be present at the inspection of their Baggage (delayed, checked or unchecked) at the request of the customs or any other government authority. The Carrier shall not be liable for Damage or losses suffered by Passengers who fail to comply with this provision.
5.2 Passengers shall indemnify the Carrier if any action, omission or negligence on their part causes Damage to the Carrier, including, without limitation, any failure to comply with the provisions of this paragraph or to enable the Carrier to inspect their Baggage [2].
6. Security Checks
6.1 Passengers are required to submit themselves to the security (and safety) checks required by the government or airport authorities, as well as those requested by the Carrier.
6.2 The Carrier cannot be held liable for refusing to transport a Passenger if said refusal is based on the reasonable view that said refusal is warranted by the law, government
regulations and/or applicable requirements.
ARTICLE XIV: SUCCESSIVE CARRIERS
1. Carriage performed by several successive Carriers under a single Ticket or a Conjunction Ticket is deemed to constitute a single operation for purposes of determining the application of the Convention to the transportation.
2. Where the Carrier has issued the Ticket or is the Carrier designated first on the Ticket or on a Conjunction Ticket issued for successive Carriage, the Carrier shall not be liable for those parts of the journey performed by other carrier(s), except as provided for in paragraph 3 below.
3. In the event of the destruction, loss or delay of, or damage to Checked Baggage, Passengers or their beneficiaries can file a claim against the Carrier that performed the carriage during which the destruction, loss, delay or damage occurred. Passengers can also file a claim against the first and last Carrier.
ARTICLE XV: LIABILITY
1. General
1.1 The liability of the Carrier for Carriage performed under these General Conditions of Carriage is subject to the liability rules laid down by the Montreal Convention of 28 May 1999, and Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents, as regards the carriage of passengers and their baggage, as well as, where applicable, the IATA Agreements.
1.2 To the extent that the following provisions do not conflict with the other provisions in these Conditions, and regardless of whether or not the Convention is applicable:
(a) The Carrier’s liability is limited to Damage that occurred during Carriage for which its Airline Designator Code appears on the Coupon or the Ticket that corresponds to the flight. If the Carrier issues a Ticket for a carriage service performed by another carrier or if the Carrier checks in Baggage on behalf of another carrier, the Carrier shall only act as an agent for said other Carrier. Provisions in respect of liability in case of successive carriage are laid down in Article XIV.
(b) The Carrier shall be liable only for recoverable compensatory damages for proven losses and costs.
(c) The Carrier is not liable for Damage that results from compliance by the Carrier with any provisions of the law or regulations (laws, regulations, decisions, requirements and provisions) or failure to comply with said same provisions by the Passenger.
(d) The Contract of Carriage, including these General Conditions of Carriage and all the liability exclusions or limitations contained therein, shall apply to and benefit the Carrier’s
Authorised Agents, Carrier’s servants, its agents, its representatives and the owner of the aircraft used by the Carrier, as well as the staff, employees and representatives of said owner and agents. The overall amount recoverable from the aforementioned persons may not exceed the amount of the Carrier’s liability.
(e) If Carrier proves that the Damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation or whose rights he/she exercises or from whose rights such person derives its right, the Carrier shall be wholly or partially exonerated from its liability to the extent that such negligence or wrongful act or omission caused or contributed to the Damage. This paragraph applies to all the liability provisions in these Conditions of Carriage, including for the sake of clarity Article XV Paragraph 2(1).
(f) Except as expressly otherwise provided for, none of these provisions shall constitute a waiver of any exclusion or limitation of liability of the Carrier, the owner whose aircraft is used by the Carrier, their staff, servants, agents or representatives in accordance with the Convention and mandatory applicable law.
2. Provisions Applicable to International and Interior Flights
2.1. Bodily Injury
(a) The Carrier is liable for the Damage sustained in the event of the death or bodily injury suffered by a Passenger if caused by an accident that occurred on board the aircraft or in the course of any embarking or disembarking operations as defined by the Montreal Convention.
(b) The Carrier shall not be liable for Damage in the following circumstances:
If a Passenger is carried whose age or mental or physical condition involves any hazard or risk to himself, Carrier shall not be liable for personal injuries such as illness, injury, disability or death, or any aggravation of such illness, injury or disability, provided such personal injuries are attributable to such condition.
(c) For damages arising under Article XV Paragraph 2(1)(a) not exceeding 113,100 SDR’s for each Passenger, Carrier shall not exclude or limit its liability. However, Carrier shall be entitled to invoke Article XV Paragraph 1(2)(e). Carrier shall not be liable for damages under Article XV Paragraph 2(1)(a) to the extent that they exceed for each Passenger 113,100 SDR’s if the Carrier proves that:
(1) such damage was not caused by negligence or other wrongful act or omission of Carrier or its servants or agents; or
(2) such damage was solely caused by negligence or other wrongful act or omission of the Claimant, the Passenger whose rights are being exercised or from who the rights are being exercised derive or a third party.
(d) The Carrier reserves all rights to remedies and subrogation against all third parties.
(e) In the event of death or bodily injury resulting from an air accident, as defined by Article 28 of the Convention and pursuant to Article 5 of Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 of 19 October 1997, the person identified as Beneficiary shall benefit from an advance payment to enable him/her to meet his/her immediate needs, which advance payment shall be in proportion to the material damage suffered. Said advance shall not be less than the equivalent in euros of 16,000 SDR per Passenger in the event of death. Subject to applicable law, said advance shall be paid within 15 days of the identification of the Beneficiary.
Pursuant to Article 5 of Regulation (EC) No 889/2002 of 13 May 2002 and Article 28 of the Montreal Convention of 28 May 1999, the payment of such advance or any early payment shall not constitute any recognition of liability and said amounts may be offset against any amounts which subsequently become due by the Carrier.
Said advance is not refundable except where proof is provided that negligence or any other wrongful act or omission of the person requesting compensation or of the person whose rights they hold caused the Damage or contributed thereto, or where the person to whom the advance was paid was not entitled to compensation.
2.2 Damage as a result of Delays and Cancellations
(a) The liability of Carrier in respect of Damage caused by delay and/or cancellation in the carriage by air of Passengers shall be limited to 4,694 SDR’s for each Passenger.
(b) The liability of Carrier in respect of Damage caused by delay and/or cancellation in the carriage by air of Baggage shall be limited to 1,131 SDR’s for each Passenger. To this limit Article XV 2.3(c) shall be applicable.
(c) Notwithstanding the provisions of subparagraphs (a) and (b) of this Paragraph, Carrier shall not be liable for damage occasioned by delay and/or cancellation if Carrier proves that it and its servants and agents took all measures that could reasonably be required to avoid the Damage, or that it was impossible for it or them to take such measures.
2.3 Damage to Baggage
(a) In accordance with Article 17 of the Montreal Convention, the Carrier is liable for Damage caused by loss of, or damage to Checked Baggage, upon condition only that the event which caused the loss or damage took place on board the aircraft or during any period during which the Carrier had custody of the Checked Baggage.
(b) Exclusions of the Carrier’s liability:
• The Carrier shall not be liable for Damage to Baggage where said Damage results from the nature of or an inherent defect, quality or vice of the Baggage. If Baggage or property contained therein cause damage to another person or the Carrier, the Passenger must compensate the Carrier for all losses suffered and costs incurred as a result.
• The carrier shall not assume any specific liability, other than that provided for in subparagraph (c) below for any Damage and/or loss caused to fragile, perishable or valuable items or items that are not adequately packed.
(c) Amount of the Compensable Damage:
• The Carrier’s liability in the event of destruction or loss of or damage to Baggage shall be limited to 1,131 SDR per Passenger. If a higher value was declared in accordance with Article VIII/8 (a), the Carrier’s liability shall be limited to the value declared, unless the Carrier can provide proof that said value is higher than the Passenger’s genuine interest at the time of delivery.
• For Unchecked Baggage allowed on board, the Carrier shall only be held liable in the event of a proven fault by the Carrier, its servants or agents.
ARTICLE XVI: TIME LIMIT ON CLAIMS AND LIABILITY ACTION
1. Notification of Claims for Baggage
(a) The receipt of Checked Baggage without complaint shall result in a presumption, unless the Passenger provides proof to the contrary, that the Baggage was delivered and accepted in good condition and in accordance with the Contract of Carriage. All missing Baggage must be declared to the Carrier as soon as the flight arrives. Any declarations made subsequently will not be taken into account.
In the same way, any item noted as missing from Baggage must be declared to the Carrier as soon as possible. Any late declarations will not be taken into account.
(b) In the event of the damage, delay, loss or destruction of Baggage, the Passenger must file a written complaint with the Carrier as soon as possible and at the latest within the respective time limits of seven (7) days (in the event of damage or destruction) and twenty-one (21) days (in the event of delay) as from the date on which the Baggage was made available to the Passenger.
If a complaint is not filed within the time limits stipulated, all actions against the Carrier shall have lapsed and be inadmissible.
2. Liability Actions for Passengers
All liability actions must be filed, under penalty of forfeiture, within two years reckoned from the date of arrival at destination, or from the date on which the aircraft was scheduled to arrive or from the date on which the Carriage stopped. The method for calculating the period of limitation shall be determined by the law of the Court before which proceedings are brought.
3. All the claims or actions mentioned in paragraphs 1 and 2 above must be made in writing, within the time limits specified.
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[2] This provision has been added due to possible penalties the Carrier may have to pay during a customs inspection if the Passenger’s Baggage contains goods for which the carriage is prohibited and the Passenger is not present.
