Article VI - X
ARTICLE VI: CHECK-IN/BOARDING
1. Check-In Deadlines (CID) vary from one airport to another. Passengers should check said Deadlines beforehand. Passengers must imperatively comply with Check-In Deadlines in order to facilitate their journey and avoid their Reservations being cancelled. The Carrier or its Authorised Agent shall provide Passengers with all requisite information on the Check-In Deadline for their first flight with the Carrier. If the Passenger’s journey contains subsequent flights, it is up to the Passenger to obtain information on the other Check-In Deadlines, if any, by consulting the Carrier or its Authorised Agents.
2. Passengers must arrive at the Carrier’s check-in desk sufficiently in advance of the flight in order to carry out all the formalities and these formalities should, in any event, be completed by the Passenger before the Check-In Deadline specified by the Carrier. If a Passenger fails to meet the Check-In Deadline the Passenger shall not be entitled to travel. The Carrier shall then be entitled to cancel the Passenger’s reservation and seat reserved for such Passenger and to dispose of the seat as the Carrier sees fit, without any liability toward the Passenger.
3. If a Flight Coupon is not collected by the Carrier at the check-in desk when Passengers receive their boarding card the Coupon concerned shall remain in the custody of the Passenger and he/she must hand over the Coupon to the Carrier when boarding.
4. Passengers must arrive at the Carrier’s boarding gate sufficiently in advance of the flight in order to carry out all the formalities and these formalities should, in any event, be completed by the Passenger at the latest at the time specified by the Carrier. If a Passenger fails to meet the aforementioned boarding gate deadline the Passenger shall not be entitled to travel. The Carrier shall be entitled to cancel a Passenger’s reservation and seat reserved for such Passenger if the Passenger is not present at the boarding gate at the time specified without any liability toward the Passenger.
5. The Carrier can not be held liable in any way, in particular for any loss, damage or disbursement, if a Passenger has not complied with the conditions of this article.
ARTICLE VII: REFUSAL AND LIMITATION ON CARRIAGE
1. Right to refuse carriage
The Carrier may refuse to transport Passengers and their Baggage, if one or more of the following cases has occurred or is likely to occur:
(a) Carrier in its reasonable discretion determines that such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over.
(b) The Passenger has expressed himself in such a way or displayed such behaviour that doubt exists with respect to safety. Such expression or behaviour includes the use of threatening, abusive or insulting language towards ground staff or crew and Passengers threatening to endanger or who have already endangered the safety of one or more persons, goods or the aircraft itself (which includes those who make a hoax bomb threat).
(c) The Passenger’s physical or mental state, including any condition caused by the consumption of alcohol or the use of drugs or medication, could present discomfort, a hazard or risk to him/herself, the other Passengers, the crew or property.
(d) The Passenger is, or appears to be in the unlawful possession of drugs.
(e) The Passenger has compromised security, order and/or discipline when checking in for the flight or, for connecting flights, during a previous flight and the Carrier has reason to believe that such conduct may be repeated.
(f) Immigration and/or customs authorities and/or any other government authority informed the Carrier (either orally or in writing) that the Passenger is not allowed to travel and/or the Carrier has notified the Passenger (either orally or in writing) that the Carrier will not carry the Passenger on his flights, for a certain period or forever. This includes situations in which the Carrier has received a negative travel advice regarding the Passenger from such authority, for example in cases where the Passenger is suspected of (intent to) drug smuggling and situations where the authorities have notified the Passenger in writing that Carrier shall no longer carry the Passenger on its flights.
(g) The Passenger has refused to undergo the security checks, including, without limitation, those specified in Articles VIII/5 and XIII/6 below or has refused to provide proof of his identity.
(h) The Passenger is not in a position to prove that he/she is the person referred to in the box “Passenger name” on the Ticket.
(i) The Passenger (or the person who paid for the Ticket) has not paid the Fare in force and/or all the applicable fees, levies, taxes and charges.
(j) The Passenger does not appear to be in possession of valid travel documents, may seek or has sought to enter a country through which he may be in transit, or for which he does not have a valid entry document, has destroyed travel documents during the flight, has refused to allow copies thereof to be made and kept by the Carrier, or the Passenger’s travel documents have expired, are incomplete in light of the regulations in force, or appear to be fraudulent or otherwise suspicious (for example: usurpation of identity, forgery or counterfeiting of documents).
(k) The Ticket presented by the Passenger:
• appears to be invalid, or
• was acquired unlawfully or purchased from an organisation other than that of the Carrier or its Authorised Agent, or
• was listed as stolen or lost document, or
• was forged or appears to be counterfeited, fraudulent or otherwise suspicious, or
• has a Coupon that was damaged or modified by someone other than the Carrier or its Authorised Agent.
(l) The Passenger has not used the Flight Coupons in the order of issue, in accordance with the provisions of Article III/3 and Article III/4 above.
(m) When checking in or boarding, the Passenger requires special assistance that was not requested when the travel Reservation was made, or which the Carrier cannot reasonably provide.
(n) The Passenger did not comply with the instructions and regulations concerning security and/or safety.
In cases (h), (j), (k) and (l) above, the Carrier reserves the right to retain the Passenger’s Ticket.
2. Special Assistance
(a) Carriage of unaccompanied children, Passengers with Reduced Mobility, pregnant women and persons with illnesses or any other persons who require special assistance, is subject to the Carrier’s prior consent. Passengers who, when purchasing their Ticket, inform the Carrier of their disability or of any special need for assistance and who are accepted by the Carrier in full knowledge of the facts, cannot be refused boarding due to their disability or their special needs.
(b) If a Passenger requires a special meal, he/she must enquire as to the availability thereof when making the Reservation (and/or changing a Reservation) or within the time limits published by the Carrier for this purpose. Otherwise, the Carrier cannot guarantee the presence of said special meal on board the flight concerned. If certain requests cannot be met, the Carrier can not be held liable in any way on this ground.
(c) If a Passenger has a medical background, it is recommended that the Passenger consult a doctor before taking a flight, particularly a long-haul flight, and take all necessary precautions. Failure to do so shall be for the Passenger’s risk and account.
(d) The specific services referred to in this paragraph 2 are not part of the Contract of Carriage and must be considered as being Ancillary Services, as defined by Article XII below. Moreover, if a request that corresponds to the cases referred to in paragraphs (a) and (b) above is made when checking in, the Carrier shall in no way be liable if it cannot fulfill said request. In this case, the Carrier is entitled to refuse boarding to the Passenger, in accordance with the provisions of paragraph 1, sub-paragraph (m) of this article.
(e) If the Passenger fails to inform Carrier of a mental or physical condition, pregnancy or incapacity within the meaning of the provisions of paragraph 2, sub-paragraph (a) of this article, and as a result of that condition Carrier diverts the aircraft to an unscheduled place of destination, Carrier is entitled to recover the reasonable costs of the diversion and other related costs from the Passenger.
ARTICLE VIII: BAGGAGE
1. Free Baggage Allowance
Depending on the Fare and class of carriage, Passengers may carry a certain amount of Baggage free of charge. Said quantity is shown on the Ticket and must be taken into account in all cases. Depending on the route flown, the quantity of Baggage may be determined either according to weight (“weight concept”) or according to the combined criteria of weight, dimension and number of pieces (“piece concept”). More information is available from the Carrier or from its Authorised Agents and on Carrier’s website (www.klm.com).
2. Excess Baggage
(a) The carriage of Baggage in excess of the free baggage allowance is subject to a charge. Details concerning this charge are available at the points of sale of Carrier and its Authorized Agents, and on Carrier’s website (www.klm.com).
(b) Unless advance arrangements for its carriage have been made with Carrier, Baggage which is in excess of the applicable free baggage allowance and for which the applicable charge has been paid may be carried on later flights. For other Checked Baggage see article VIII, 6 sub (c).
3. Prohibited Items
Passengers must not include the following items in their Baggage:
(a) Items that are liable to endanger the aircraft, the persons or property on board, such as those specified in the dangerous goods regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in the Carrier’s regulations, as applicable (additional information is available upon request from the Carrier); these items include, in particular, asbestos, explosives, pressurised gas, oxidising, radioactive or magnetised substances, inflammable substances, toxic or corrosive substances and articles, liquids or other substances which are capable of posing a significant risk to health, safety or property when transported by air.
(b) Items for which carriage is prohibited by the law in force in any State where flights depart, arrive, fly over or make scheduled Stopovers;
(c) Items reasonably considered by the Carrier to be unsuitable for carriage due to their weight, dimension, unpleasant odour, configuration or fragile or perishable nature, which make them unsuitable for carriage in light of, in particular, the type of aircraft used. Information on these items shall be provided to Passengers, upon request;
(d) Firearms and ammunition other than those intended for hunting or sport which, in order to be accepted as cargo or Checked Baggage, must be unloaded, suitably packed and have the safety catch on. The carriage of ammunition is subject to the ICAO and IATA dangerous goods regulations, as stated in paragraph (a) above;
(e) Cutting weapons, stabbing weapons and aerosols that may be used as attack or defense weapons;
(f) Antique weapons, replica of weapons, swords, knives and other weapons of this type. This type of item may not be transported in the cabin under any circumstances. They may nevertheless be accepted as cargo or Checked Baggage, at the Carrier’s discretion;
(g) Live animals, except as provided for in the provisions of paragraph 10 of this article.
Furthermore, additional information on prohibited items which may not be carried as Unchecked Baggage, including but not limited to carriage liquids and gels as well as pointed/edged weapons and sharp objects, blunt instruments and lighters, can be obtained from Carrier.
4. Right to Refuse Carriage
(a) At any embarkation or intermediary point, the Carrier may, for security and/or safety reasons, refuse to carry as Baggage the items referred to in paragraph 3 above, or to refuse to continue carrying them, if they are discovered during the journey.
(b) The Carrier may refuse to carry any item as Baggage due to its dimensions, form, weight, content, configuration, nature or its unpleasant odour or for operating, security/safety reasons or to preserve the comfort and convenience of Passengers. Information on this type of Baggage is available upon request.
(c) The Carrier may refuse to carry Baggage that it reasonably considers to be poorly packed or placed in unsuitable containers. Information on packing and unsuitable containers is available upon request.
(d) The Carrier may refuse to carry Baggage, if the Passenger does not pay the fare for the excess baggage as determined in paragraph 2 of this article.
(e) If the Carrier refuses to carry Baggage in any of the circumstances set forth in paragraph 4 of this article, the Carrier has no obligation to take custody of such refused Baggage or items. If the Carrier were to take custody thereof, the Carrier is not liable for loss of or damage to such Baggage or items.
5. Right of Search
For security/safety reasons, the Carrier may ask Passengers to undergo, for themselves and/or their Baggage, a search or any type of scan, whether using X-rays or otherwise. If a Passenger is not available, their Baggage may be scanned or searched in their absence with a view to checking whether it contains the items referred to in paragraph 3 above. If a Passenger refuses to comply with such requests, the Carrier may deny them and their Baggage carriage. If said scans damage the Baggage and the contents thereof or cause Damage, the Carrier shall not be liable, unless the Damage is caused by the Carrier’s gross negligence or willful misconduct.
6. Checked Baggage
(a) As soon as Passengers have handed over their Baggage at check-in, the Carrier shall take custody thereof and issue Passengers with a Baggage Check, for each Baggage item that is checked in.
(b) Passengers must affix their name or any other form of identification to the Baggage.
(c) Checked Baggage will, to the extent possible, be carried in the same aircraft as the Passenger unless, for operating or security/safety reasons, the Carrier decides that it will be carried on another flight. In this case, the Carrier will deliver the Baggage at the Passenger’s place of residence, unless the law in force requires the Passenger to be present for customs clearance.
(d) The Passenger shall not include in Checked Baggage perishable or fragile items, money, currencies, jewellery, works of art, precious metals, silverware, securities or other valuables, optical or photographic appliances, computers, electronic and/or telecommunications equipment or appliances, musical instruments, passports and identity papers, keys, samples, business documents, manuscripts or deeds, whether individualised or fungible, medication and medical documents, etc.
7. Unchecked Baggage or Cabin Baggage
(a) The Carrier may impose maximum dimensions and/or weight for Baggage that Passengers take in the cabin and/or limit the number thereof. Unless specified otherwise, Unchecked Baggage (cabin baggage) must be able to be placed under the seat in front of Passengers or in a locker. Certain Baggage that Passengers wish to take in the cabin may, at any time prior to the flight departure, be denied cabin access and shall be further regarded and handled as Checked Baggage. Due to the operation by Carrier of smaller aircraft on regional flights, storage space on such aircraft is restricted. Should a journey involve one or more of Carrier’s regional flights, the Passenger may be asked to surrender (a part of) his Unchecked Baggage on these flight(s). This Baggage will then further be regarded and handled as Checked Baggage.
(b) The Baggage/items that Passengers do not wish to carry in the hold (such as fragile musical instruments or others) and that do not comply with the provisions of paragraph (a) above (excess dimensions and/or weight), shall only be accepted for cabin carriage if the Carrier has been duly informed thereof in advance and has granted authorisation. The carriage may then give rise to an additional charge.
8. Special Declaration of Interest
(a) For all Checked Baggage with a value that exceeds the liability limits in the event of destruction, loss, damage or delay, as defined by the Convention, Passengers can either purchase insurance coverage prior to the journey or, when handing over the Baggage to the Carrier, make a Special Declaration of Interest limited to a certain amount. In this case, an additional charge made known upon request, must be paid by the Passenger. Compensation will be paid in accordance with the provisions of Article XV.
(b) The Carrier reserves the right to verify the adequacy of the value declared with the value of the Baggage and the contents thereof.
(c) The Carrier may refuse any Special Declaration of Interest if a Passenger does not comply with the time limit fixed by the Carrier for making such a declaration. The Carrier also has the option of capping the level of the declarations. The Carrier also reserves the right to prove, in the event of damage, that the amount declared was higher than the Passenger’s genuine interest at the time of delivery.
9. Collection and Delivery of Baggage
(a) Subject to the provisions of paragraph 6 (c) of this article, it is the responsibility of Passengers to collect their Baggage as soon as made available to them at the Place of Destination or Stopover. If Passengers do not collect their Baggage within a reasonable length of time, the Carrier may invoice custody charges. If a Passenger does not collect Baggage within three months as from the Baggage being made available to him/her, the Carrier may dispose of said Baggage, without being liable toward the Passenger in any way. Pursuant to the provisions of local law, unclaimed Baggage may be handed over to the appropriate national authorities.
(b) Only the bearer of the Baggage Check or the Baggage Identification Form is authorised to collect the Baggage.
(c) If a person claiming Baggage is not in a position to produce the Baggage Check or the Baggage Identification Form, the Carrier shall only hand over the Baggage to such person on the condition that he/she establishes his/her rights thereto in a satisfactory manner.
(d) Acceptance of the Baggage by the bearer of the Baggage Check or the Baggage Identification Form without any complaint at the time of delivery is prima facie evidence that the Baggage was delivered in good condition and in accordance with the Contract of Carriage.
Animals will only be carried when explicitly accepted for Carriage by the Carrier at the time of Reservation. In the event that the Carrier agrees to carry the Passengers’ animals, this Carriage shall in any event be subject to the following conditions:
(a) Dogs, cats, birds and other pets must be properly crated and accompanied with valid documents, such as health and vaccination certificates and entry or transit permits. Carrier reserves the right to determine the manner of carriage and to limit the number of animals which may be carried on a flight.
(b) If accepted as Baggage, the animal and its container shall not be included in the free baggage allowance, but constitute excess baggage for which the Passenger must pay the fare in force1.
(c) Animals trained to assist government officials, rescue teams, or Passengers with Reduced Mobility and accompany such Passengers, will be carried free of charge, together with container, in addition to the applicable free baggage allowance.
(d) If the carriage is not subject to the Convention’s liability system, the Carrier shall not be liable for the injury, loss, delay, illness or death of an animal it agreed to carry, unless said Damage is solely due to the gross negligence or willful misconduct of the Carrier.
(e) It is the full responsibility of the Passenger to obtain and present all the documents required by the authorities of the destination or transit country. The Carrier will not agree to carry animals that do not have the requisite documents. The Carrier shall not be liable for the injuries, losses, delays, illnesses or death of the animals carried in the event that the animal is refused entry into or passage through any country, state or territory unless solely caused by gross negligence or willful misconduct of the Carrier. Passengers who travel with such animals must reimburse the fines, loss, compensation and all costs and damage incurred by Carrier due to such a situation.
The Carrier shall at all times be entitled to set such additional conditions as it deems appropriate in its discretion.
ARTICLE IX: SCHEDULES, DELAYS AND FLIGHT CANCELLATIONS
(a) The flights and flight Schedules listed in the Schedule Indicators have no contractual value and are solely intended to inform Passengers of the flights offered by the Carrier. Said Schedule Indicators are not definitive and are liable to be changed after their publication date.
(b) The flight Schedules will be issued prior to acceptance of the Passenger’s Reservation and reproduced on the Ticket. The flight Schedules thus planned may, however, be changed following the issue of the Ticket. In this case, Passengers will be informed if the Carrier has their contact details. Passengers are nevertheless requested to check with the Carrier, before their scheduled departure date, that the flight Schedules shown on their carriage Ticket or their Travel Memo have not changed. However, in the event of a schedule change that is not convenient for the Passenger and/or if the Carrier is not in a position to offer a more suitable Reservation, the Passenger may benefit from a refund, as stated in Article X / 2 below.
2. Cancellation, Rerouting, Delays
2.1 The Carrier will take all reasonable 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 other means of transport.
2.2 Except as otherwise provided for in the Convention and/or applicable (European) law, and provided that a Passenger has a single Contract of Carriage (as defined by Convention) and a Reservation:
- if the Carrier cancels a flight, or
- the Carrier causes the Passenger to miss a connecting flight, or
- if the flight does not stop at the Stopover or the point of destination, or
- if the Passenger is refused boarding due to Overbooking,
the Carrier will, in agreement with the Passenger:
(a) carry the Passenger on the next flight with an available seat, without surcharge and, where applicable, extend the Ticket validity accordingly, or
(b) reroute the Passenger to the destination shown on the Ticket within a reasonable time, in whole or in part on the Carrier’s own flights or those of another Carrier, or by any other means of carriage agreed on with the Passenger. If the fare and charges for the new routing are lower than the refund value of the Ticket, in whole or in part, the difference will be refunded to the Passenger, or
(c) refund the Ticket, in accordance with Article X/2, below.
2.3 In the cases referred to in paragraph 2 of this article and except as otherwise provided for by the Convention or the (European) law in force, the choices offered in sub-paragraph (b) are the only choices the Carrier is obliged to offer the Passenger.
3. Compensation for Denied Boarding in the event of Overbooking
If, due to Overbooking, the Carrier is not in a position to offer a seat to the Passenger, even though the Passenger has a Confirmed Reservation, a valid Ticket and checked in within the required timeframes and conditions, the Carrier shall grant the compensation provided for by applicable law.
4. Passenger Rights
Depending on applicable (European) law, a Passenger may qualify for certain passenger rights in case of denied boarding, cancellation or delays. For flights departing from countries in the European Community these passenger rights can be reviewed on Carrier’s website (www.klm.com).
ARTICLE X: REFUNDS
1. General Provisions
Except as otherwise provided for in the Fares, the Carrier will refund all or part of an unused Ticket less any applicable service charges, under the following conditions:
(a) Except as otherwise provided for in this article, the Carrier shall be authorised to refund either the person whose name is shown on the Ticket, or the party that paid for the Ticket.
(b) If a Ticket was paid for by a person other than the person whose name is shown on the Ticket and if the Carrier mentioned a refund restriction on said Ticket, the Carrier shall refund the Ticket payer, or the person designated thereby.
(c) Except in the event of Ticket loss, refunds will only be made upon remittance to the Carrier of the Passenger Coupon or the Travel Memo, as well as all unused Flight Coupons.
(d) A refund made to a person who presents him/herself as being the person entitled to said refund and who remits to the Carrier the Passenger Coupon or the Travel Memo, as well as all the unused Flight Coupons, shall be deemed valid and shall release the Carrier from all liability and all subsequent claims.
(e) An event of Force Majeure that occurs after the Passenger started his/her journey and that prevents the Passenger from continuing it shall not give rise to a refund, but may lead to an extension of the Ticket validity in accordance with of Article III 2 (c) of these General Conditions of Carriage.
2. Involuntary Refunds
2.1 If in accordance with paragraph 2(2)(c) of Article IX a Passenger asks for a refund, he/she will obtain a refund in an amount equivalent to:
(a) the fare paid, if no portion of the Ticket was used.
(b) the difference between the fare paid and the fare applicable to the scheduled route for which the Ticket was used, if a portion of the Ticket was used.
2.2 Involuntary downgrading: if a Passenger is placed in a lower class than that for which the Ticket was purchased, a refund (that corresponds to said difference in class) will be provided in accordance with the European law in force .
3. Voluntary Refund
3.1 If a Passenger is entitled to obtain reimbursement for his/her Ticket, for reasons other than those referred to in paragraph 2 of this article, the refund shall be in an amount equivalent to:
(a) the fare paid, less any reasonable administrative or cancellation charges, if no portion of the Ticket was used.
(b) the difference between the fare paid and the fare applicable to the scheduled route for which the Ticket was used, if a portion of the Ticket was used, less applicable administrative or cancellation charges.
3.2 The refund possibilities referred to in section 3.1 of this paragraph do not apply when Government requirements prevent that or when the Carrier notes that specifically, in particular for Tickets for which the Fares are subject to restrictions or are labelled “non refundable”.
4. Refund for Tickets declared to be Lost or Stolen
4.1 In the event of the loss or theft of all or part of a Ticket, Passengers shall, after having provided proof of the loss or theft of the Ticket and having paid the applicable administrative charges, be refunded as soon as possible from the expiry of the Ticket validity period, on the condition that:
(a) The Ticket or the portion of the Ticket that is lost or stolen was not used for carriage and has not been previously refunded or replaced without further payment (unless one of these situations is attributable to the Carrier); and that
(b) The refund beneficiary undertakes, in the forms notified to them, to repay the Carrier the amount refunded, if the Ticket declared lost or stolen is used, in whole or in part, by a third party for carriage or that refund is subsequently made to any person in possession of the Ticket.
4.2 The loss of all or part of the Ticket caused by the Carrier or its Authorised Agent is their responsibility.
5. Refund Refusal Right
The Carrier reserves the right to refuse a refund:
(a) For any Ticket, if the request is made after the expiry of the Ticket validity period.
(b) For a Ticket presented to the Carrier, or to the authorities of a country which meets the legislative or regulatory requirement to possess a Ticket that enables the Passenger to leave the country, unless said Passenger provides sufficient proof to establish that they are authorised to reside in said country or that they will leave using another Carrier, or by any other means of carriage.
(c) For a Ticket, in case the holder is not admitted by the authorities of the Place of Destination, Agreed Stopping Place or Stopover and if the Passenger was returned to his/her boarding point for this reason.
(d) For a Ticket, in a currency that is different from the currency used for the payment.
(e) For a Ticket labelled as being “non-refundable”.
(f) For Passengers that are refused carriage by Carrier on the basis of Article VII, Paragraph (1)(f), (i) and (k).
6. Refund Currency
(a) Refunds are subject to the laws and regulations of the country in which the Ticket was originally purchased and/or to the laws and regulations of the country in which the refund must be made. Subject to applicable law, the Carrier reserves the right to make the refund in the same form and in the same currency as used when the Ticket was purchased.
(b) If the Carrier agrees to make a refund in a currency that is different from the payment currency, said refund shall be made at an exchange rate and under conditions determined by the Carrier.
7. Persons Authorised to Refund
Refunds shall only be made by the Carrier that originally issued the Ticket or by an Authorised Agent, if so authorised.
 Regulation (EC) No 261/2004